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HomeMy WebLinkAbout1999-08-04 Packet$UL--28-99 02 :87 PM ~IENI)O-LAKE ALT. , ,m,l.~.l~B.'l~l,,. "lm'~ ~'' SERVICES ?0?4656515 MENDO-LAKE ALTERNATIVE SERVICES, INC. P.O. BOX 807 LAKEPORT, CA. 95453 707-263-6966 LAKEPORT ?07.465.~422 UKIAH P.~2 PURPOSE OF MENDO-LAKE ALTIRNATIVE SERVICE~, INC. Uendo-Lake Alternative Services Program provides an alternative to Incarceration to the mutual t)eneflt of the Court System, the client and the community. In achieving this goal, this program endeavors to educate the Judicial System In the value of specialized placements within the community, also educate the community to the monetary and social return attained from court-directed olient referrals. We expect to reduce recidivism by training clients In ~rnmunlty service activities, Communicate with other alternative programs to Identify and develop similar purposes and methods of achievement and provide Information to other city and counties within California and nationwide when requested, to the advancement of their programs for alternative sentencing. MEMO To: Honorable Mayor Mastin and Councilmembers From: Marie Ulvila, City Clerk Subject: City Council Minutes of June 2, 1999 Date: July 12, 1999 At the July 7, 1999 City Council meeting, Council approved the minutes of June 2, 1999 with corrections. Attached for Council's consideration are amendments to pages 6, 13, and 22 of the June 2, 1999 minutes, as noted by the highlighted areas. memo\coun712b generation only. Other than the hydroelectric plant, the City still has a debt on other generation plants which are run by the Northern California Power Association (NCPA) who dispatches the units for the City. He discussed the reasons why the City's rates are higher than other cities who joined NCPA, notably the Lake Mendocino Hydroelectric Project debt. Secondly, the City invested very heavily in geothermal and hydrothermal energy sources, which are very capital intensive to participate in and to operate. The Franchise Fee is included in the City's operating budget. He did not know when the Fee was instituted or its initial amount. ,,:;;,. .-::!:!:i:!:!::" City Manager Horsley advised that the Franchise Fee was instit .u...~:d pr.i~ii~ 1986. She will provide Councilmember Libby with information reg .a.....~ding ....... :::::::::::::::::::::::::::::::::::::::::: ..:-:+:-:,:.:-. ============================================== ========================== · ================================================= Public Utilities Director Barnes continued to ~~'~d to "~~i~mber LibbeY' inquiries. Besides the Franchise Fee, he did not ~W of ~~.i~.i~.i.i~ili~ili~~i~i~. Besides th~i.i~.tility ~rtment,"~i~ii~.t.~!i~are of any other City Department that contributes more ~~!-:~!~:~the General "~iiiilili~""~0n an observation of Councilmember Libby that she could r~ili~iii!i~:y.., reference to th'~ 'Franchise Fee on her utility bill, Mr. Barnes advised that th~::ii~!!i~ii~iii!~.t..:..itemized on the bill. In response to an inquiry if we are overstating the de:'~:~'sit~{i~!ii~e, n there is $3 million in ":" excess reserves, above the $3.5 million in rB~:e..s, he ~i!i!~.~e of how these two reserves relate to each other. He advise.d:~::~i~ii~::..Francl~¥~i!~:~':is budgeted as an · ...::i:::::!:~: :::::::::::::::::::::: ::::::::.'::~:::::~:: ::.. '~':': :::::':: :::'~' annual expense and is not debt related:.:...:~::::i~~i~ii~:~.her infO'iS, of whether he could guarantee the City would meet market ~::~y th..e:.:i!i~ili~i::::~i~!~i~dvised that he is unable to predict the market. Although ~ncil~be'~!ili~~i!!!~xpressed her feeling that reaching market was the basis ...f.:..o..~i?~ot retaking th~iiii$~:'~'"million in excess reserves to customers, Mr. Barnes was of t~!i~nion ~:·the ba...S:.!~!?for not returning this money to the customers was to allow theCi~ii~ ............. get t..e.'."!?~arket a~;:ii~::much faster rate. ;,;,:,;o:,;,:,. ====================== · ..;.:.:,;.;.:,- ....... · .;,,.o~....;,.....,.., . :::{::. i~ilili~i~i~' ::::::::::::::::::::::::::::: ........ ======================= ........... ~ ..... ~:~:~:~-~: :i~:i::iii!:::iiii::':{i~ii~':.:;-~:.:;.i?:~::.:;.~?:.:?:;-~':.:;.~::~'- City Man.~::Horsley:::i~'.i.~ that th~i~i~ii~i~:b receives a fee similar to the Franchise Fee fro~ii~?~!.ities"~ii~?ii~i~. & E.";~:~'~:, and a pole charge from Pacific Bell. The Franchis'~iliiii~i!ii~...s...... a st~i~iiii!~., charged for utilities. She noted that some, cities consider it a'::~!!~ii~nd is"i~i~ii~ utility bill. The City has never had a User s Tax. ================================================= Council .m..~~i?~i~!!i~..s. of t~ opinion that the decision Council needs to make is heavi!y...:~ili~:."~sed on th~iii!i:.~iiiii~:.the utilities. She inquired as to how much extra annual inc0.~:'::was generatedli~~::::~he City raised its utility rates to 12% three years ago. She c0~..t..'ii~ued her queries..~ii~¥ ,~:faff with regard to rate increases and reserve funds. ......... ,;,:.:,.-,; ,;:;::,:.:-:,:.:-:-: ,.......,... ::::::::::::::::::::: ,,:.'~:~:!:~.',' ~~ Utilities Di~r Barnes advised that there is no extra income. He noted that staff ~~..the Cj...t-~i~uld meet its regular targets and the rate increase covered expenses i~iii~~i!~!iii~::::~e utility. ...... ~:~::~::~iiii::ii::iiiiiiii~?:~::~!~:~ ........ City Manager Horsley noted that a large part of the extra income relates to development which has occurred in the City, with the excess revenue and use of electricity coming after that time. Additionally, the City was able to sell its excess power this year at a very good rate. June 2, 1999 Page 6 of 26 time. Councilmember Libby advised that she is supportive of Option #2 if it can guarantee reduced rates at the specific date of 2006. She felt the City owes it to the utility payers to give them a date. She could not support the motion based on "irs". Discussion followed concerning ENRON and that they are pulling out of the California market because it is so unpredictable, even though they have a lot of commercial customers. .~.:.-'~:- ..::.-:.-:::::::-' .::, ..::::::::::::" .-~:i:!::-. ..::::::::::::" Motion carried by the following r~ll call vote: AYES: Council~:~i!?~"'mith, Baldwin, Ashiku, and Mayor Uastin. ~~i~~iii~?~!~!~i!!ii?~i~~i~!iii~. ABSENT: None. ......,....-,... ..:.:.:,:.. .:::::::::::::" ..::::::::::. .~!~!~::~::~i!:' , ..::~!.'.!~i~:" · .'.'.'.'.'.'..:::::::::;... - ' ....... ~.~'.~:.~i~:-":'" .:.:.:.:.:.:.:,:. 8:20 p.m. Recessed. ' ........... .:.:.:.:.'.-.~'.'. ...,..,...,. 8:30 p.m. Reconvened. :~i~i~[~i~!~::~!~!~:,~ ............ :~:~-' . ""'" .......... "'"'""'"'""'"'":'"" '~::~:i:~:!:!:!:!:~:!:i:i:i:i:!::':" 9b. Council Consideration and Possible Ba.!~iiii~~..r....es for November 1999 City Clerk Ulvila advised that at the May 19, .~9:....9..::9:..~:~:City Cc~i!i~.ting, she presented a proposal to place, a Ballot Measure before..:::i~ii~'":':::..':.~::..at the ~~:ber 1999 election to have the City Clerk s position be appointi~i~i!ii':i~~iiiii~i~ssed~...{~ matter at the meeting and entertained the option of possib!~!iii~cludi~?~i!i~::i~:~ measure on the ballot. Council also directed her to provide..::iii~::'cost a~Jysi~:'~!ii~!i!~:ecial Election with multiple ballot measures. .:~i!i!::i~ii~iii?' ...:i:?" .~::iiiii!i? ............ ' ..... She discussed the matter wi~i!~i~endo:~ CouD..i.:~i!i::Clerk Marsha Wharff, who found it difficult to e.st..imate the cos.t..:-i.:'.f.o~ii~?Specia!iii~~~ballot measures since various factors need to b..e..;ii~idered,.:.:~i!i~iballot I~!i~ii~ts, legal noticing, printing of arguments for and ~~ili~i::~ea~iiiii~iii~!~:!her e'~i~:~s will be participating in the election. It was her estir~:~ili~i?~ia~::.base'::~iii~~.500 could be placed on the cost to hold a Special Election. T'~"~!iii~::~:..consi~~iii~pproximately $500 per ballot measure for printing costs, the e~::t.~~:ii~::i~.:for 0'~i:~i~i'~t measure would be $8,000, two ballot measures would be.::~..:~ii~:500;":'~ii~i::~allot'~::measures would be $9,000. She.:~ised that on M~!!~iiii!~99, she conducted a survey which included the Mendocino C0:...~Y Office of Edu~i'o~:i'' Ukiah Unified School District, and Mendocino College, all of ~!~ indicated they::~i::il be participating in the November 1999 election. Therefore, it is !~!~i~[hat, should..~::"City participate in the election, the election costs would be shared ~iii~~.S pa.~~:nts. A:~'"'{iii~~:i:~ of previous elections which included ballot measures as well as Council seats was provided in the Council packet. The most current elections occurring in March 1996 and November 1998, cost $7,820.11 and $7,533.80 respectively. The City Clerk recommended that Council call a Special Election for November 1999 to include multiple ballot measures. Should Council desire to hold a Special Election, a June 2, 1999 Page 13 of 26 matters forward for Council consideration. Councilmember Baldwin felt the argument that this is not City business, is "hogwash". He discussed the cost of bombs, noting that it represents money that could be spent in the City. He noted that the President tells the youth of this country to resolve their problems nonviolently and discussed the lesson we are teaching our youth through the war in Kosovo. He discussed NATO and felt that the media has not been giving Americans the whole story. He discussed other invasions which have taken place in the world, as well as terrorist threats and bombings in the United States. It was his opinion..:~t when the nation does something that is atrocious and immoral, we cannot ..~. sile:~i?He felt it is a local issue and it is money we could have used to pay off the nat.:!~!:.::~St, make Social Security more secure, or used locally to underground.~!~City'~ii~ii~i~ He read an amended Resolution calling on the ~ii~:ed Motion BaldwinlMastin to approve amended Re~i~iii:':C"alling~:~'~'~""~:'~'"':~'":":~:~ on the'::~:e~iil;ent~r~::":~'~!~'""':!~ !~::'~":'"?~'- and Congress of the United States to Halt Military Strik~?~:~.~i~iii~ugoslavia, as amended; failed by the following roll call vote: AYES: Coun~i~e~:~i~!~:..win and Mayor Mastin. NOES: Councilmembers Smith, Libby, and As.h.A~i..... ABS~iilii~,~'.e.~. ABSENT: None. Terry Poplawski, 612 Walnut Avenue, ad~i~~ii~i!i~s:~ thr~ii!~ilboats and sails over 100 days per year at Lake Mendocino. :~ii~::"a sai.!:~iiiii:i~ii~ii~~ the noise of jet skis and expressed his concern with the ope. E~:brs of.~'jet ~!i!~::are young, inexperienced, and create a danger to others ..... ~H~i?discus.:~d pow~i?~:~:~ts creating their own type of erosion by their wakes. ..?:::i!iiiiiiiiiiiii?~ii!::~ .:~iiii!?' Councilme~ber Libby in...~i.r~:?if Cou~i~~~i~ldwin had a signed petition regarding the matter.... ~::~nnin m~i~::water ~A~i~:.~::::::~ke Mendocino She also noted that she .... ?:,~........?: ........... g .............. ,~.......?:..,:..~ ............. ,~, ,, .............. :?: ............... ,~,-' . has no :~~i~e in~~!ili~.,study?~:Arding the proposal. Councilrne'~~ii~.Awin ~~ii~,t he did not have a petition, and that his proposal is just an ide..a..~ii:i~iii~iiii~ii?:H.e the seasons and how it is nice to appreciate the quietness::~i~:~:~E~!ii!ii!!!i!~ii~.pon~:"to an inquiry by Councilmember Libby with regard to how ma~::~3f these v~i~iii~ the Lake, Mr. Baldwin advised that it is his hope that the mat~i::~ould lead to ~!i~?~:~aring with Senator Thompson and the Corp of Engineers. He...~i~i§cussed the ban~ihg:~i'et skis and some boats on Lake Tahoe. ...........~..... .:::::::::' ...,....,,....,... ...~:.:.:.: ;:::::::::::::::::: ..:,:.:.:.~ :.:.:.:.:.:,:,:.:.:. ............ G~cilmember..:~th discussed his experiences at Lake Mendocino and noted the ~~i;:~nditi~ii~ the personal water craft near the dock area when it is crowded. He ~iiii~iiii~solution which recommends to the Corp of Engineers that the matter n ~i~ili~i~i~{ u d i e d further. Councilmember Ashiku advised that he owns a boat and spends time on the lake. It was his opinion that going b~ the jet skiers at t~e dock, can be very ~angero~s.~?~?~i~iii~!~?~i~{iii~ ~~i~iiiiiiiiii~He felt that the jet skis should be separated from motorized boats, possibly a June 2, 1999 Page 22 of 26 4]3 MEMO To: Honorable Mayor Mastin and Councilmembers From: Marie Ulvila, City Clerk Subject: City Council Minutes of June 16, 1999 Date: July 12, 1999 At the July 7, 1999 City Council meeting, Council approved the minutes of June 16, 1999 with no corrections. However, I have found an error on Page 19 with regard to the Resolutions approved by Council concerning the Agency-State Agreements for State Funded Projects and Program Supplements for the 1998 STIP Augmentation Projects. The minutes that Council approved on July 7, 1999, only indicate that one Resolution was approved, when in fact Council approved two Resolutions. I apologize for this error. Attached for your consideration is an amendment to the June 16, 1999 minutes, as noted by the highlighted area on Page 19. memo\coun0712 Mayor Masfin suggested that the committee be an informal ad-hoc committee that would meet with staff regarding this specific issue. 10b. Adoption of Resolutions Approving Agency-State Master Agreement for State Funded Projects and Program Supplements for the 1998 ~TIP Augmentation Proiects Public Works Director Kennedy reported that effective May 17, 1999, the City's funding allocation request to the State Department of Transportation has been approved for its two 1998 STIP Augmentation Projects. Upon receipt of the funding ~llocati~i~!approval, a Notice Requesting Bids was prepared, mailed, and published...~iil ii.d o~:~gs for both projects have been set for July 14, 1999. The proposed ~ojects ~ [~:ilitation of local streets for a total estimated cost of $970,770...:~!.!..~iiiii':.erder;~iii~! ii~iiii!~ity to receiv....e... reimbursement for these funds, it is necessary for the:~::~'*to ente.r.:~i~ ~i!~.r. eement w..i.t.'.'A~'' the State. The Master Agreement and the Project S~ific Pr~~ §~~.t...ha..v.:..~i~3t been received by staff as yet. He reported that:~ Ma .s...~?Agreem:~i~!i!::~.~::"will provide the City sh,ould be very similar to the sa~ii~i~'ded in the St~iii~h. He advised that Council s options regarding this matter ~*~~i~.f..-i~::.l. ) Table the ma'{~'~r until the July 7, 1999 Council meeting when all documents ha~~!~i:yed by staff, or 2) Adopt the Resolution approving the Agreement and au(~riz~::~i!iiii~9:..r to execute both the Master and Program Supplement pending st~:~?~yiew He reported that the State has very stri.~tiiii~i~~i~garding;i~!il ~ to proceed with this project and the Agreement will require .~..~iii~ity to.:~i~:.. ~ii~....e....S..~ii~i~rocedures. It will be his responsibility to ensure compliance of.:~i~i's proj~!::' H~~!~hat this Agreement is non- negotiable, and the specific condi~i~f the ~:e oep~~:~t of Transportation is that the City accept the State funds an...d.'?~!~i::i:le byi!~:eir guid~!mes. He anticipated receiving the Agreements this week and str~d tha.t:~i~ii~e is o.f::~ essence. He anticipates award of the contract..on July 21, 1~...9... ii!~imburs...~~::~:~i~~se funds will not occur until such time as the Ag.r.:.~nt i,s sig~iiii:.~iii~pth the ~i~ii::~he State. He advised that he is anxious to recei~ii~il s a'~~~!?~i~?:~...July 7,"::~§~J'§. M/S A. 99-47, approving and authorizing the execution of the Admi~:.[.~{:.~!ii~...e. ncy '"'~~:::?aaster Agreement No. 000049 for State Funded Projects; ~~:~:~ii~~ii:..~ing ~:~ii:i' call vote: AYES: Smith, Libby, Baldwin, Ashiku, and Mayor..M~tin. NO~iii~ilii~:'ABSENT: None. ABSTAIN: None. 11. CITY COUNCIL REPORTS Councilmember Smith had nothing to report. June 16, 1999 Page 19 of 21 MINUTES OF THE UKIAH CITY COUNCIL Regular Adjoumed Meeting Tuesday, June 22, 1999 The Ukiah City Council met at a Regular Adjourned Meeting on June 22, 1999, the notice for which had been legally noticed and posted, at 10:00 a.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin (arrived at 12:45 a.m.), Ashiku (arrived at 10:44 a.m.), and Mayor Mastin. Staff present: Customer Serv:i~::~:-Supervisor Archibald, Public Utilities Director Barnes, Water/Sewer Ope~ions.=:~'perintendent Borecky, Airport Manager BuM, Community Services.:~.. Direct~i~:. ":.~~blough, Police Sergeant Dewey, Finance Director Elton, Ass:~Dt Ci{~iii~~er Flad, Risk Manager/Budget Officer Harris, City Manager Hor.:~':i'?Acting..::ii~ii!~~.eY Johns~!: Purchasing Supervisor Kennedy, Public Works ~iJ:~ector Klingbeil, Police Captain McBride, Fire Chief San~ii.'..m, C~'~nity S~:~i~!~~isor Sangiacomo, Planning Director Sawyer, Deputy P~i~i~~,s Director S~~i!i!~:~seum Director Smith-Ferri, Senior Planner Stump, Police":'~i~:.i.:!!:!ams, and City'"~'ierk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Mastin led the Pledge of Allegiance., ........ Mayor Mastin called for a moment of sile~?ii~i~i~~!ii~.f....::.May~~;~se of Cloverdale who passed away June 21, 1999 ..... City Manager Horsley advised::~?'Coun.~i':~ember.:~shiku notified staff that he will be late~~to the meeting. .,i::ii~?"~'...-.'-:.:-~i~:~:iiiii::i~i!::iiiiii!il~iiiii?' Mayor M..~::~.r..eview~ii~ii~peal pr~~!iiiii? .... .... ::ii!::??" :~:~:~:~:~. ~?.- A,i::i~!~/erview of PropOSed Budget by City Manager ~:.ii. Manager Hors.:!~ presented an overview of the proposed 1999/2000 Fiscal Year ~':'.et. She that oGeneral Fund expenditures increased by 5%, but the budget ~~::~:~~ated 12 '~ Fund balance at the end of the year. She discussed street ~i~i~iii~;~d increased staffing for some departments. Funding has been included fo~i~i~;i~:"'Compliant process, training of Planning Commissioners, reroofing the Civic Center, increased day camp funding and other recreational opportunities. An allocation has also been made for upgrading the City's mainframe computer. She noted that many of the expenditures were off-set by savings in Workers Compensation. She advised that each Department presented a needs oriented, conservative budget, and over $400,000 June 22 and 23, 1999 Budget Hearings Page 1 of 17 was cut from their requests. citizens. She stressed the importance of serving the needs of the SB. Review of General Budget Figures I. Fund Summary_ ii. Schedule of Transfers iii. Debt Summary_ iv. Authorized Personnel Finance Director Elton presented an overview of the budge~iiii~::..sum...~i~;s, and the revenues and expenses for all departments. He dis..c:.ussed ..~i~" Summary and reviewed the revenues, expenditures, and transfers f.~.~iii~ach f~:. iiiii~ii!a..oted that a fund could have annual expenses in excess of revenues if.:~i~ is a p~ii~alance..~' discussed the Schedule of Transfers, Debt Service, ~;d paym~iii~n state mandates for the Landfill closure costs. H~.ii~.i...efly .d.~Jssed a":~~~ for various departments and noted personnel change:~!!iiiiiiiiiiiiiiiiiiii? ..... In response to an inquiry by Mayor aastin, Mr..Ei~?iii~i~Le..:d, that Fund #555, Lake Mendocino Bond Reserve, is money required to r~in ~~!~::...with the bond trustee. It the City defaults on bonds, the trustee would u.~:.~..t.A.e mon~i!~~:...the payment, or for the final payment. This money earns inter~iii~i~. ~e City activities. v. General Fund Summary, Revenu~ii::"and ~~i~esi!iiiiii!!i~" Finance Director Elton discusse~iiii~enera~i~ii~:u~d:~~s which have a projected increase of $175,000 over last ye~i~!~udge~::!i!ii!~he Su~:~' of Transfers and the changes in Fund balances were discusse~iiiii:.i~ repaid how ~General Fund ending balance has been reduced from the previ~?:'":~'ear..:~:..~ larg~?~evenue increases are in Sales Tax, Plan Check::Fees, and ~~~ce Fee~iii~ii~:§fers show a significant reduction due to the tra~:.of funds...::ili':~!i~i~: for the ~i~~iYacility. In respo~i~ili~uiry":~i~~ii..M.,astin~:concerning the increase in Ambulance Fees, Mr. Elton a~~!ii~t the":i~~ili!~ould be contributed to billable call changes and insurance p...a.y~~}!}~:-i~i~iiiii~ii..."::~!i!!i~ii~}i}ii!i~ .... Mr. s!.t'6~::"presented::~i~!~caI revenue of the General Fund Revenue and noted that Sal~?~ax has steadil'~iiii::~~sed and has been the dominant revenue for the City. He di~:Ssed the Gener~ii~' F~'nd Appropriations by Department, noting that Public Safety r~sents a majority~::~'the General Fund. He explained the General Fund Expenditures ~!~~~i~!i::i¥~quiries concerning whether revenue from electric is included in the F~i~$iii~'~e, Mr. Elton advised that Fund ~665 is the electric utility. Councilmember Libby noted that the Franchise Fee amounts shown on pages 28 and page 302 are different. June 22 and 23, 1999 Budget Hearings Page 2 of 17 Finance Director Elton advised that he will research the matter. 5C. Review of General Fund/Enterprise Fund Accounts I. public Safety_ a. Police Police Chief Williams discussed training for supervisors, personnel and salary increases, Physical Assault Examinations, and an increase of $5,000 in Account #250, Contractual Services. The cost for Chemical Tests for DUIs is a reflection on last year's.:.tests. City Manager Horsley noted that the there will be only a 50% incr~§..e in..:.~:§t for the new position because there is currently an officer in the Tas.:..k.. Force::~i~i~J:~i~ransfer over. Chief Williams, responding to an inquiry of Mayo~ii~!~:['in, adG~i~i~..c..count #1~: Conference and Training, covers mandated trainin~ii~r office~?it ~:i~ili~~.e.s s~ic training which the Department feels may be imp~t to.:~i~::individu~i!~~i~~ as diversity, and mental health training. :~!i!ii!iiiiiiiiiiiiii!i~?? ........ %~!ii!~!~?~ .... City Manager eorsley advised that the training r..e..~i by the citizens group is also included in Account #160. ":~?:::::~ ........ tl~i ,.:~::..:..::~ii?~{iii~i~ii!~iiiii!::i~ ..... . :?!~i~iiiii~::" d · · · from :' .' ~:~..O;i~s w~th ~zens group and note Chief Williams discussed the benefits .... ...:.i~!~::~:~:~:~:.::.i~:~:~i~::~i~ ..... ,..;~:~' .......... o that two officers will be attending training:~:~J';~0'~!~.!.~.t..~::.to d~,a..l~ng w~th ~na~viaua~s wn are mentally disabled. He has receiv..~i::~ grea.~!~'~ii!!~i~::.~~~ti°n for employees of the Police Department. Further trainin~i~ssion..s.:i~!~re b~!ii~i~'ned in conjunction with the Mendocino County Mental Health::~'":~'artme~?They ~ii¥' ~'i'~,o host a diversity training and COPS training program in Augu...~!~i!i~onju~i0n with:~{~er agencies. There are plans for on-going training in this area...iiiiiiiiiiii!::::?'' ::iiiiiiii!i!iii[ii:~ ..... ~.~iliiiiiii!::~:: In respo.n..~:.i~?:~n inqui~i~:ncilme~!!~0Y, Chief Williams advised that four lap- top corfi~i~e, curr~iii~.:...:installe~':'~:~'patrol cars, and the remaining computers for the cars '~iii!~i~}i}i~l~d~d 'i'~?~~i}~ltcling this year. In response.to::::i~}~i~:ii~f Co[~~;mber Smith, Chief Williams advised that the State is mand.a.....t:i~::~:~::::~'i:~:~::~~?~ii~0rk~°Ps statewide and the City's Police Department is initiati.~i:':'~n ongoing":~~se training program. .:~ili~?:' b. Abandone~ii~;i~'icle Abatement ~i~e Captain McB~::~e discussed salaries and Contractual Services. ~'"~i!i~':':"~dvised that there is a $500 increase in Account #160, Conference and T~i~!!~!~'ense. d. Police Reserves and Cadets Chief Williams discussed the Police Reserve Program, Volunteers Program, Student Program, and the Cadet Program and the training involved. He explained that overtime June 22 and 23, 1999 Budget Hearings Page 3 of 17 is paid to an officer who is involved in meetings with Cadets and Reserve Officers. 10:44 a.m. - Councilmember Ashiku arrived at the meeting. e. Supplemental Law Enforcement, Community Oriented Policing, and Local !,.aw Enforcement Police Sergeant Dewey discussed state funding programs which will pay for the mounts and hardware for the computers to be installed in the patrol cars, and the new locker room facilities for men and women. He explained the 3-year grant and noted ~t each year grant revenue will decrease and the City will take on an increasing.~i~oul3~i!~' the officer's salary. Fund #2016 will pay for a civilian coordinator pos..:i..tion wh.~i~ii::~]° funded by the federal government. He discussed Community Orien...t~i~...P. olici~i?~i!i~l,ated training. City Manager Horsley responded to an observa~'~ ~by May~::~i~!!~~rni.n....g.i!i~:e Police Department's small office in the foyer bei~i!~yery .b.~?:""by advi'~i~i~iii~~:~will investigate ventilation for that office, iiiiiiiiiiiii!iliiiiii!!iii!iiiii!~? ..... :::~'::"i~i!iii~iiiiili?~ ..... Chief Williams noted that each officer in the Oepart~~i!~...e... received training by the end of the fiscal year and that officers will be on aiii~:[ye~!i~~i~.r..otation. Sergeant Dewey reported that the School ~~?~![.be 10~~~ed by a grant. The grant will pay for student and coordinato~:~:i~¥~i~ii~~..t..er s~re for the Department, and,noted that mapping software is cu~{'iy bei~=?i~{~ii~i!i~i~Y will be working with the City s Engineering Department during.~ next..~l ~iiiiiii~i~'iscussed Fund #207, Local Law Enforcement Block Grant, .n...e..[i~ that.~ mone~ii~:"i=i=:'"be used for the purchase of a computer server. They have a~i~bmi~:"an app~i~ation for next year's grant. Sergean....t~'::.~ey exp.l.~~at ther~ii~iiii~:~ increases in Conference and Training costs to=:i~~':.~atch"~~iil.a.,nd to ~:~'"'them become versed in emergency policies as much"~ii~!~:. All ~i~..%..will be sent to Hostage School which will assist them in taking pr~~~i~::i~ectior~=~~~'.swering 911 calls. Capta.i.~!~CBr~de diS~~sts of the Parking District. The Parking District is managed by a?:~mmittee with t~!:.~ing Enforcement Officers being the paid positions. ~~unity Servic~!~irector DeKnoblough advised that the Parking District remains ..::~:i:!:~:i~~ ~i~tus quo rela...[~ to new parking facilities. The District will be presenting a revised ~~ii~[~...e...e.s~~le to Council in the near future. ~=~:.;i~~i~;; Horsley discussed Funds #220/230, the Enterprise Funds comprising of the Parking District and noted that the deficiency will be reduced. She discussed revenue and expenses for the fund. June 22 and 23, 1999 Budget Hearings Page 4 of 17 f. Fire Fire Chief Sandelin advised that fire fighter retention is a priority and expressed concern with losing personnel to other cities which pay higher wages. Fire Prevention Enforcement is another priority for the Department. An analysis of buildings in the community revealed that there are 75 places of public assembly and noted the average frequency of inspection is once every nine years. Of particular concern are buildings that conduct high hazard operations, such as painting establishments. They are currently training Fire personnel in the inspection of these facilities. He discussed the western hills vegetation, noting the Fire Department will continue to work with the California Department of F.e.~estry, Ukiah ..::i:::::!:::i::' Valley Fire Department, and the Department of Corrections in r~,d. ucingli!~e risk of fire discuss.ed and ~!i~'..o...~;the Apprentice danger to this area. Increased personnel was Program is a priority for the Department. He expre~d a r. ovide on-going training to personnel in an effort to strengthen their ski~'".ii!ii~l::)ertise;i~!ii'"""..~..e.,st in work[~: noti~i~~;rt' He discussed Account #110, Salaries, and #115, S~!~i~i~:~/ertime, ,me has increased due to the difference in the MOU. ~~!i~!~i!i~!.so an increase in the group insurance and health plan costs. He discussed ~i~P, Contractual Services, noting that there will be a new billet for ambulan~i~:~e~~ii~iiii~e cost and collection rates are higher ........ ~:~i~i~i~::~ He further discu,ssed groundwater inve~i~~.rd to ..:t.:~:;"north Fire Station fue_l tanks, the State s Clean Water Progr. a~i:"and ~~~~!::::i!~ediation as an option. A portion of the costs may be recover~i!!~hrougbiii~:~,at~i!~i~~ili~Ources. Discussion followed concerni~:~ili!i~ow tE~?'account?Rental of Land and Buildings" is calculated for each Departme~?~s sho.~i!~'in AcC~'t #305. It is calculated only for the Civic Center... bond payme~i~:~~ is id~~iii~iii~t Service in the Bu. dge_t; It wa.s noted that over ~ii..o...f the Ad~~:.....on buil~~~tes on a 24-hour bas~s. D~scuss~on was also had. i~.ing tl~!~..t.:.~..te Str(~'~i~:;~i:i~e Station which is currently being, rented by the Ame:~i~iii~::~~ros~::~ii~~..0... per month plus a portion of the utility costs. Fire Chief S~:~!~..s..pon~iiiii~!i!~'n inquiry of Councilmember Libby regarding the request fQ[::::::~::~"-~!i~~~:..for tl~ shifts, by stating that the fire fighters would be used on a 2..4.:::::i~r basis, ~i~i:.~ii!~.92 per hour. It is his goal to improve the situation at the Fire.::~tion and pro~iii~rience to those who aspire to become fire fighters. He disused the differen~ ~ween day and night time activity in the City and the need for fi~ii~i':.ghters on a 24 h~ basis. It was his opinion that a reduction in the service provided ~~ create a har..d...~i:P to the community. He advised that a number of individuals, both ~~i~d outsi...d...e.!i~:e Fire Department, have expressed interest in the proposed positions ~ii~ii~~i~°uld be successful in filling the positions at those wages. g. Fire Emergency Services Reimbursement Chief Sandelin discussed the Redwood Empire Hazardous Incident Team, drug labs and advised that the Department records the expenses, both personnel and supply costs, incurred in the response to various emergency situations which are reimbursable by a third June 22 and 23, 1999 Budget Hearings Page 5 of 17 party. He noted that these costs would not otherwise be incurred. h. Fire Volunteers/Explorers Chief Sandelin discussed the Volunteer and Explorer Programs. approximately 20 volunteers. Currently, there are ii. Community Services a. General Government Buildings Community Services Director DeKnoblough discussed General Govern~t Buildings and noted the retirement of Maintenance Custodian Madsen after ?~ ye~i~i~i~as provided the opportunity for the Department to restructure the position an .d..i~.l...e...~i~*nt new ways to maintain the Civic Center building. He advised that th~sitiorfi~iiii~i~.e..placed with two part-time positions, one full-time building mainte.n.:.~"'positi.~~i.!I undert~ building repair work and more detailed maintenance~ties, an.d..ii~:~'e I~~ii~.it wi~ii~'he Public Works Department. Discussion followed ~. ' ~t'::~alaries'::~~i~~i~ns, sharing the position among two departments, and i{i~ id the impler~:~~?of this Pilot Program will allow staff to monitor and asse~{i?~i ram for implementation in cern!~::'sa i~.!i~'"'~d th, other departments in the future. ..:~?:::!~i:iiii!i!i:~iiii~!!iiiiiiiii...~ .... Risk Manager/Budget Officer Harris explain .e..:.d....~i.b.....o..w Fun'~ii~~.[lding Maintenance, is calculated to determine a true cost for o.~i~~~.~::.. staff is proposing a c. ar e elo e t Fun ...?~:~ . ........... Community Services Directo.r...: iE knob! h ..... Maintenance Supervisor positi~!!~d to..:~l a 32-~r per week Park Service Worker. He discussed parks maintena~iii~nd ta~':...."~:,care ..o..f..:~:e Library grounds. He advised that the City has..:..received a $..:~i}~~i~donati~i~~~cti°n of Observatory Park. city tin t~iii~;:i eight years, the City has added parks and taken ions with only one maintenance position. Discussion :~i~ii!~.e.....n. cer~ii~:e various parks in the City as well as the recent demolitio~~:~~iii~i~:e..r.s o~:Main Street, the property will be incorporated into the expan.:~:~ of the pa'~i!~ii~i~iiii!~:-The parking lot and library are maintained by the Parks Dep..::~ent. Gardene~i~i~~?i:~)cated on Oak Street and encompassing the redwoods, was bri~ discussed. :i!iii?' ~:~:~'' :::iii~ii~i!~i!ili::~:.. d. RecreatiOnal Administration. iiiiiiii~ii~i.i~iii!~:::.:.:~Re.~ii::0 n' Pro(irams ~~ii~';~ices Sul:;ervisor Sangiacomo advised that there has been a small in~~!i~i::~:~rticipation and revenue in the Recreational Programs. He explained that the summer Day Camp Program has been increased from a half-day to a full-day program. He projected that the Recreation Program will maintain the 86% self sufficiency goal again this year. June 22 and 23, 1999 Budget Hearings Page 6 of 17 City Manager Horsley explained there is a decrease in next years' estimated income due to another agency implementing similar services. A conservative estimate was made until it is known what affect the new program will have on the City's Recreation Program. She noted that the City's youth basketball program is the largest in Northern California. f. A_qua_ti.c Community Services Supervisor Sangiacomo advised that a new liner for the small pool is in this years' budget and they had to repaint the small pool on an emergency..:..~::, basis because of its deterioration. g. Grace Hudson/Sun House Museum .~, .::i!~i!iii::ii!? h. Museum Grant Funds .~i~i!ii~iiii~' ':~!iiii~ii~ii!i~iii~iiiii~ Museum Director Smith-Ferri advised that there is ~i~ease i .n..:~i~i~i~.to the bud~[ as her salary last year was covered by a grant for o~ay per ~. ~~~~...e..~:,:~e of the programs and advised that next year she willii~:.i~orki~:"with the':~iii~i!~uild for funding sources for their expansion project. S~i~.f. ii~:~ devote time':"':{~~:ge and security of the facilities. Results of a grant applic~{i~i!~!i!~ist in the renovation of the Sun House and staff costs should be known in ab.o..~{i~::~i!~.n, ths. She discussed the condition of the Sun House and noted safety conce~:~ in"::~~ii~i~.t.I;..~e concrete walkway. j. k,ah Va,e Conference ent. .... Conference Center Manger Jenny d..i~~}ii~~iiii:::..o..f the?:?~i~'~complishments of the Conference Center during the past y~::and t~i:"*':~~{?:~3f a "wedding brochure" They have seen a 50% increase in..~.*.:~ Cen.t.~*S us~i~i~ldings. They increased the ....... · . ........ ,, ,,,~,.~iiA 20% ~ease ir~::::::~s use He advised that their main size pT a conTerenclng iuu~i~ C=HU ...a~......W.-:.~.~ ....... :..~:~ objective for next year is to im~~ mar:~ing andi~:dvertising for the Center. He has been working with Assistant:~" Man~ Flad....~:~!?marketing materials to educate the public in Uk~h as well as..:~a~ cities. :::~i~;**.~ii~rrently working with the Winegrowers Alliance f~!i~i~'..e..int fund..~i-*:~~}i!~.t, the C~~::"Center which would genera!ein. cr. ea, s,e.,d revenu~i~i~uss~:~ii~iii~i~. Enter~:i:~:~e rentals which generate approx,mate,y Discussion .f..o...~!~i!ii~.'.c..ernir~:~!~!:?:'City renting rooms at the Conference Center for seminars:.::~'~::~'i:~{:~~~i~i~:~nfe'~nce Center since 1995 was discussed with refere_nce to roo~?~ented by *t~:.~ii?!~inesses and corporations in Mendocino County. Many chan.g.*~ have taken pli~!~ii!~rivate businesses in the County and it is difficult to project w~, ~ii~eir needs will beli!~ t~ next year. There was discussion of diversifying the customer b, of the Confere~ Center and renting rooms for social events. It was noted that ~g reception..s..;ii~re not allowed during the first three to four years of the Center's ~i~:.. Them::i~ discussion of the Conference Center's room rental rates compared t~!i~{~i~;ii~i{~iii~ithin the community. I. Municipal Golf Course Community Services Director DeKnoblough discussed the Golf Professional contract and the addition of a Golf Maintenance Supervisor. A major expenditure for the Municipal Golf Course is the purchase of a greens mower and a dump truck which will be shared with June 22 and 23, 1999 Budget Hearings Page 7 of 17 the Parks Department. A revised fee schedule for the Golf Course, which has been reviewed by the Parks, Recreation and Golf Commission, will be brought before Council in the near future. In response to an inquiry by Mayor Mastin concerning Account #260, Dues and Subscriptions, Mr. DeKnoblough advised that the Golf Supervisor would belong to these organizations which provide resources for maintenance. Security for the Golf Shop and Todd Grove Room, which the City has maintained, was discussed. ...-:i!i::.. ..::::::::..:::::. Finance Director Elton explained how money col!acted fro~iii~:.golf..::~, including membership renewals, are processed through the City S: cashiec~~~i!i~as discussion concerning revenues from cart path fees and greens f...e..~i::~...:.:. It w~ii~~i~at membership renewals are up to the individual and if a member fails .~i~ew his~i~rship, hels..:~: will be charged the daily greens fee. 12:45 a.m. - Councilmember Baldwin arrived at tb~!i~~.~ ..... 1:10 p.m.- Reconvened. a. Engineering and Adminis~{~:0n .... City Manger Horsley advised th~i~:~there..:iii~:e a~~i' recommendations in the Engineering Department budget..:i~j~ding !.i~" item #~'~""'0n page 146 should be $8,000 instead of $6,000· City Engin~r Kennedy:~t.:.'.:..~'f.:~d to p~ili~~!iii::~uthorized Full-Time Personnel, and briefly di~:..d...the n~~i!:.~ersonn':~iii~i~Fr-ngineering Department since 1994. He explain~ii~i~i?:..E, ngir{~ii~p.....artme~'{':"~"as had difficulty performing various functions in an redu~ii~~g..:.situa[~ii~i~.,uested one additional employee an.d d,scussed the · "::~!i~?:!~ii:-¥:~!~::::::::~':-.':...~:.. the E~:~:~:~i~'-:~i .... Department would share an employee on a part P~lot Program ~~ii:: ...... g .......................... :::.-:.i~:.:..g . - ,;r~,- ~,~i_~ with~:~i~~itv S~~:§ Department through the Building and Maintenance ~).;;;a`~r`~;~!~.::..~.`.~.~.~.i.~:'~.~...~...-..;~~i)i..~.'.~i~ted ':~'iscussion concerning staffing for various areas of the Engine..e.'~:~g Departme:~iiiii!~ii~i~¢ussed the Fund Summary and the Gas Tax Fund, noting that ~?'$290,000 proj~~~:~( allocation represents 33% of the City's annual allocation. He:.ii~orted there is ~!?~e~d to update the Street Maintenance Program and discussed fu~i~g sources· H~iiii~xpressed a need to hire an employee to gather data for speed S~~ and to sub..s:.t~"tiate speed zones· He explained that there are two zones in the City ~ii~e..::.~.....a...:.~:!~ provide a survey to the courts. He discussed an urgent sewer project i~!~~i!~~' area. He reported how his employees have been working to provide a top:'~~~i:::"map for the Cleveland Lane drainage area. He submitted a request for an additional $11,000 to purchase surveying equipment. The new equipment will allow the Engineering Department to complete their work efficiently and in a shorter amount of time. Upon an inquiry by Councilmember Baldwin concerning the status of the Orr Creek June 22 and 23, 1999 Budget Hearings Page 8 of 17 Bridge in relation to the County, City Manager Horsley advised that the EIR has been completed and is in the review process. City Engineer Kennedy advised that no money has been set aside for new traffic calming projects. A survey will be sent to residents of Ford Street and Clara Avenue. He discussed a program option of having residents contribute financially to traffic calming measures. He advised that traffic calming is for the purpose of making the streets pedestrian friendly and noted that most of these projects are proposed to be funded through grant funds. Applications are being taken for set-aside funds, such as $1 million ava[t.~ble through Transportation Enhancement. .... b. Street Maintenance City Engineer Kennedy discussed street sweepingii~:~:ations..~[~!~~i~:and its eff~[ when residents do not move their cars. He noted~t this be~(~:~!ii~~:~ prol~l~:~n during the leaf season. Discussion followed concer~i~g..how..:.t.~!i:~medy street sweeper going around cars parked on the st~i[i~ii~'iscussed str(~:~{i~j~ts and supplies needed for asphalt, noting that over ~'""~iii!~ii~.;.t..h..e streets are""'i'~ need of rehabilitation. He briefly discussed Capital c. Corporation Yard ....... City Engineer Kennedy discussed the re~~.r, groun~J~ii~"~:"~e tanks having soil contaminants and noted there is a nee..d...~i~*:=iii~~i~:::existi.~ii!:~tudy area. They are currently waiting for the Regional Water.. ~:~lity C~iiii~!~;d..::::::~:~3rovaI to expand to three more monitoring wells. .~??" d. Bridge Fund ::~ii{iiiiiiiiiiiii!i~i?' .~!i~?=i~~' · ::ii::?:iiiii? .... ,::~i~iii::~i!~: i City Engineer Kennedy br~ef!~i:~lscusse..:.~ii~he de...s..:..g~ of the proposed Orr Creek Bridge. e...::~iii~ax an.d....:~i~~~ction o ' City En~~i~:ned~~~:~:.Gas Tax fundsand. n,oted that 8.5 % o!.Gas Tax are alloca~aiiii~iiii~p.:..port '"~{~~:g and roaa rna,n~enance. ,e a,scussea- o~r~. Maintenance:**:~~ii~ inte*~i~i~bnts. The Gas Tax 2106 Projects and (3enera~ Goverr, ment..:S~~i~j~ts w~:?a~Cussed. Projects proposed from this account are a carry ove~::~:~'"'{i~'~"::~i~*"*~::~,:Y:.earl~':'::The sum of $30,000 has been set aside for curb and gutter r..~i~cemer~t. H~ii~~~'a p~ope~ty owners par~icipatir~g in a program for sidewalk repl.a.~:~ent. Upon a~iii!:i~i:=~ from Councilmember Baldwin concerning the Gibson Cr~!:*area, Mr. Kenne.~ di:~cussed access to the fish hatchery and the history of Standley S~. He reported.:.t.~ property owner, Mr. Nix, allowed the City to fence the far side of S*~'..e.y Street. He~!~:iscussed the right-of-way issue, noting that the road is on Mr. Nix's In '~~~i::!~'~'~'an inquiry of Councilmember Baldwin concerning the Low Gap Road/Brush Street signalization, Mr. Kennedy discussed litigation regarding this matter. Further discussion followed concerning mitigation in the development of the Brush Street Triangle. Mr. Kennedy advised that the project could be very expensive with the installation of storm drains. He discussed the 1998 STIP Augmentation-SB45 Allocations. Nearly $1 million will June 22 and 23, 1999 Budget Hearings Page 9 of 17 be allocated to rehabilitate 19 streets in the City, noting that Council has already approved this project. The total proposal is divided into two projects consisting of Urban Street Rehabilitation and Local Roads Rehabilitation. City Engineer Kennedy discussed the Surface Transportation Project Fund and the Federal Highway Program, also known as TEA-21, and its allocation to the counties. The City can spend the money on any road project, and staff has designated the funds for Orchard Avenue. ..::~..::.. ..::::::::::::::- f. Municipal Garage City Engineer Kennedy advised there are no changes i.n. person..~iii~{~e Garage. The largest expense is a contribution to Capital Replacem~?~:.,and ~~~!i::~ometime in th:,e..' future there will be a need to repair the garage faci!i~!i?Discus.s:.:~ili~..d., concernS: when the facility would be paid off and the payment o~!~2,911 followed concerning Operations and Maintenance i~endit~:::'and it ~ii~ii~"the Lease Purchase cost had increased for the originaiii~::~':~ayment Sch~ii!?: g. Solid Waste Disposal Site City Engineer Kennedy requested an additional':~plo~!!~!~:.....~er,ate heavy equipment at the Solid Waste Disposal Site as there is a nee..d.,~:'f..~ a full '{i~~~tor until the Landfill closes. Discussion followed concerning the .dj~~?:::~.o.f curr~{!~a'fil~ employees once the Landfill is closed. He revealed that st.a...~~:~~g on.::~:-!!~:~Verance program and also a program whereby the employ~i~::~ould..~':::!~'~~~~ into other Departments. Upon an inquiry by Councilmember S~{{~ rega.r..:~i!~g tl~ili~i~~:ition of equipment once the Landfill closes, he advised that.t..b~equipm~tn~= ........ wouldli!i~:~:"':'~old. Discussion concerning closure of the Landfill followe(:l:~!?ii~' dis~i~ed payment due to Mendocino County for paving a portion of Vichy Sprin~i:'i!~'oad ~i. ilSetting?:~ii'de money for a potential corrective ........................ schedule was discussed action regardj, ng releases ~::~{e cons~~ii~iiiiii~:~ pre-closure _ ~ . and Mr. K~~y advis ..~...:i~i~ availa~i~iii~:dfill is decreasing quickly. He discussed benzine:~::~~e., ext~~ii~thane f~'::';~:~'~me wells, and carbon from the methane. Finance Dir~~iii~.:...~.:.expl~¥~i~iii~°rtizati°n of the Post Closure Fund and discussed liability expe~iiiiiii~~,r dis~{i~ followed concerning the Post Closure Fund and .::~:.:..!!!~ii" RefuselDeb:~i~ii~i~:n-up~ Ci~i~gineer Kenne~i~ssed the Refuse Debris Control Fund with regard to Leaf and T~ii?i~ontrol and expl.~!~:ed the various funding levels. He discussed tree trimming, weed ~~lent, and stre~i~weeping in various neighborhoods. Discussion was had concerning ~~ding..~::ii~aVement due to silt buildup and how this situation eventually contributes iv. Public Utilities a. Electric Public Utility Director Barnes advised that the Department's expanding projections are almost the same as last year. The Meter Replacement Program was discussed. June 22 and 23, 1999 Budget Headngs Page 10 of 17 b. Street Lighting In response to an inquiry from Councilmember Baldwin concerning the need for street lighting, Mr. Bames advised that street lighting is for public safety, pedestrians, and to aid vehicle travel. He explained that street lights can be adjusted if they are too bright, or shining in a resident's window. c. Electric Public Benefit A brief discussion was had concerning the Public Benefits Fund #806. d. Traffic Signals -~=. Public Utility Director Bames advised that staff's req~?:iconst~!~.,.,.maintenance traffic signals. In response to an inquiry by May~':~'astin c.....e..:~i~iiDe 19997~ expenditure of $36,111 Mr. Barnes advised that it:ii"~'id for ' ..... at Gobbi and State Street which was damaged in ~., .,ffic ~iii~ion. It the money came from the General Fund. :~!ii!:~:~.. iiii~ii~:.i[i~ii' ~ ............. e. Water Public Utilities Director Barnes discussed som~i~i~ajor**~~t*'~!ii.~::.the budget including r~p~acina ~h~ major ~n~ to ~on~ S~r~, and w~.~~:..ed at th':~i~ii~r~atme, nt ~lan a.n,? around the wells, it was noted that this yea~***..s....ili~~i~unts ar~i!~i~¥1ar to last year's wnn 3:12 p.m.- Recessed. .,:iiii!iii~ii:**:*~ ~:::**::::i!?~: ....... ~!~i~iiii~i?~ii::~ .... 3:23 p.m. - Reconvened. i~i!i~i~?:~? '~:~:~:~ .... '::*~:**'*** .:i "::::::::::::::: .-::::::::::r* ~.~.~e..:~[ E~to~~i~..d. ~h~ ~ii~~ ~p~m~ ~ oompo~d o~ ^ooou~ and ^d'~i~*'.!~~, ~n~~~!!i~:~**..chno~oa~, Purchas~na, e~na and Co~,,c~on. He discussed ~'~~',~.-.S..~rvi~~~i~..o.r Archibald's ro~ in ~h~ Parkina eis~ric~ consis~ina ........... . .~:i~i:~::.........:,:.:...::*.:.. i i: .:::.. **:.:::::.~:~**~. ,-:*' -- " nt in line with !.a:S.'~ii~i~i?~i,:.~::~:.the e~tion of the expenditure for a Technology Consuna ~o~ ~h~ C~~ N~i~i!~~'m~ ~o~m. H~ d~~d ~h~ C~p~ ~p~m~ Fund ~h is design~~~yments for equipment replacement. ,*~[iii!iii!' b. InformationlilEechnology F!~e Director El~i~;'discussed MIS Coordinator Klingbeil's function. He discussed the ~~!i~e of de.v..~[~ing a needs analysis for comprehensive financial software and ~~ii[~!~~ent. ":~::~:?::~::i::::::~?~::[isiness Improvement District There was no discussion. d. Purchasing Finance Director Elton discussed the Purchasing Fund and noted it is staffed by one June 22 and 23, 1999 Budget Hearings Page 11 of 17 person. He discussed how charges for staff's services are calculated. Upon an inquiry of Councilmember Baldwin concerning whether staff inquires of a vendor if they are an Equal Opportunity Employer, Mr. Elton responded that it is not required for the purchase of materials. He discussed the matter of conducting such an inquiry, as it might relate to a "preference proposal", and advised that the amount of time to conduct such an inquiry would depend on various parameters. e. Billing and Collection ., Finance Director Elton advised that there is a small increase in the esti~ed cost for .......... and utility billing due to the need to purchase software and hardware e.q..'b:i, pme.~i!~r billing collection. The loan payment was discussed. He dis~ssed ~~i!~i~;n software and technology and the problem with staying in the status-qu..~:....?,ii~e ex~i~i~i~t sewer, water, and electric are all charged on the same utility bil[':i~':;;::are se~~!ii~.r, prises. T~: Sanitation District was discussed with regard to billi~:i MIS Coordinator Klingbeil explained that the tec~~ii~'nsultant's Pr~~ii?i~'cludes existir~!~' an assessment of whether we can utilize the ~nt with a Citywide plan. vi. Planning ':~!~:!ii?:' "::~!~!~i~ii!~ii'::,~i .... a. Community Planning ...... b. Building Inspection .... ~;:i~iiiiiiiiiiiii!iiii~iii!iii~ii::i~ .... ":::~!ii?~?!i~i? .... Planning Director Sawyer advised that..::~!::~:~?'~~..t:..e_,d fo..r:?:i~bnference and Training for the Planning Commission and $2,0~i::~0r sta~?::~!ii~~i?{hat the $8,000 allocation for Contractual Services is for the str....~m En~:em~i~~::~or Gibson Creek and there is a good chance that grant fund.s.~ii~"be av.a'".ii~ble to ~:~:i'~{ in funding the project. He discussed Building Inspecti.e.'".'~i~i'th reg~ito Co~ual Services for private sector plan checking an....d., structural e...~~'ring se:~i~!~i~ amount of $20,000. H.e advi,sed that the Depa.A..-~..no Iong...e.:~!~:..~ii~:.:City vehi~i~i'~§Pecti°ns and the Building inspector uses his per~.~~.i, cle ~:~i~iii~.~ursed'':::'~:~':'':fuel. Upon an inquiry by Councilmember Baldwin '~:.~i~:... ~:::.gradi:~i~ii~iii~estern hillside, Mr. Sawyer advised that ,staff has consulted wit'~::~ii~J~_~;:iDepa~~iii~:-d staff is currently working with the proper~y owner viii,..~iiii~:~nicipal Ai'~~i~:' Special Aviation Assi~:~t City Manag~ii~J~'"'~::discussed the accomplishments of the Airport during the past ye.~!~:nd objectives f0~!~he:::~ext year. .......~.............. ..:-:.:.:-:-' ~~anager Hors!~: explained that Account #111 includes one part-time person for 20 ~i?...~:~:~:~..e..~ii~:~'ing the spring and summer months to help with providing fuel to ai~~ii!~{i~i:i as other duties. Councilmember Ashiku advised that he would like to see a feasibility study prepared for the Airport fueling system. He also brought attention to a large oil slick that needs to be cleaned in the parking lot where the Santa Rosa Airporter parks. June 22 and 23, 1999 Budget Hearings Page 12 of 17 Councilmember Libby brought attention to the restrooms at the Airport and inquired if new flooring could be installed. Airport Manager Bud explained that the restrooms are cleaned every day but are old. In discussion with Assistant City Manger Flad, it was noted that with the relocation of some businesses to the FAA Building, and in discussions of expansion of the Airport, consideration would be made to remodel the restroom facilities. Discussion followed concerning cleaning debris from the taxiways. Mr. Bud noted that staff checks the taxiway daily for rocks and debris and arrangements could be made for the street sw~per to come to the Airport to sweep the taxiway. ~:. Upon an observation by Councilmember Baldwin coring ~i~~dings and tak.:,e... offs, Mr. Bud advised that the FAA has a contract w~""er obse~i~ii~akes weat~ observations and then broadcasts them. Further!ii~',cussio~ii~i'l~..r. ning:iii~'is vii. Elected and Appointed Officials ':~iii!!~i!~ii~i~iiiiii::::i~ .... ' a. City Council .... City Manager Horsley discussed the matter of thre~ii~0un'~~~:.attending the annual League of California Cities Conference in San ..J:.:~i!i~.is Oct~ii~,discussed Account ~90, Supplies, and how this fund has bee..n..~ii~iiii~iii~..e past. Discussion followed concerning how:..~?:[~rease.::~ii!~'~ii~~:...~!~~bers salaries are made. Councilmember Baldwin inquired if~'~re is ~i~:01ic~::~~g the use of City stationery by Councilmembers. City Manag~i~rsley..:.e.':.~lained ~':"~'here is an unwritten policy that City stationery can be used for...l~i~tive.:~ions bY~::::~e Council. City Cle.[ ii iYi!,a dis :.e, goal~i!~iii~i~ctives for the ne.xt Fisca. I Ye, ar... She ,s. currentl~iii~~::.to ol:~i!~ii~'t.:..a...ry com~nission. She discusse(3 recor(3s retention an(3 the transf~i~{i~~.S to t~i~i~i~.r...age facility. City Manage~i::~~.d th(~=~~::'0ptical!i imaging system has not functioned properly and the.r.....e..iii~!~¥i:i""i~'~::~!~~;S...S,me~'t of the system through the Computer Needs and Asses~'nt Program?!iiii{i!ii~i~hown at this time what the cost will be to repair or replace ...,...... ======================= .:~!iii~iii!iiiil c City Trea~i~er C:.ii~i~..a;lager Ho.r...~!~/advised that there are no changes to the City Treasurer's budget an inquiry by Mayor Mastin regarding the City Treasurer's salary, C"'"i~iiiii~~iiii~orsley advised that with a reduction in duties, the current salary is ad~~!?~iscussion followed concerning Account #250, Contractual Services, with regard to the annual contract for consultant Investment Oversight services in the amount of $24,000. d. City Attorney June 22 and 23, 1999 Budget Heatings Page 13 of 17 Discussion of Account ~99, Reimbursable Credit, followed and it was noted by City Manager Horsley that the City Attorney serves various Enterprise Funds which are charged for his services. 4:50 p.m. - The meeting was continued to June 23, 1999 at 2:00 p.m. Marie Ulvila, City Clerk The Ukiah City Council met at a Regular Adjourned ~.e....~'"~g on '~:!::i~:..!.999, the notice for which had been legally noticed and posted, at 2~;m. in ~:.i~ii~...enter Cou~i Chambers, 300 Seminary Avenue, Ukiah, Californ~? Roll w~ii!{~k~ii~~.. [..oll~'g Councilmembers were present: Smith, Libby, BaltiC., present: Finance Director Elton, Assistant City aan~El~!ii~:i~,isk Manage~~{~::0fficer Harris, City Manager Horsley, and City Clerk UIvila.:~i!!i!~iii~iliiiiiiiiiiiiii?:~::. ...... The Council continued its consideration of the 19~0(~:~iii~~{iil.i..n... a Public Hearing. ix. Other Funds .... ~ii::~ii!iiiii~i~!i!i!iiiii~::. "::~!~:. iiiiii~ .... a. Equipment Reserve .... ~iii:~ii~!?~:~:~:::~:~:~ii!~i~iii:.~i~i~iii~iiiii~i~ Finance Director Elton discussed re~i~eme~i~'i~i~~~~f computers and the Y2K compliant process. He noted there ~ 16 co.~ute~i~!~i~iil not function property after the year 2000 which need to be .re~:ced, n~i~g that.:~?:i:;':'~ery expensive to upgrade the computers. :::::::::::::::::::::::::::: .:.'.:.::~i~i~i?:~i~?: .... ..:~:~:~::?~ b. Ci:.vic Center ~:..d. ~:terest ~A~~~"ti°n Finance ~~r Elton...ii~~d the d~!i~::~'0r renovation of the building when it was convert~'-'/!:.i~~:ii~...o.,ffice~!::i~~0's. H~*explained that the payment to the trustees for '~iiii~i"' out the Bond !~!~.i.d c. s ...... Risk Ma~i~i:~:~:~i~~:..Hai:~is discussed the expenditures for the Bike/Pedestrian ........... i ............ Park S{~'"'.~ii~the Office of Traffic Safety Grant. He explained that some Plan, Ri~'rside gran~". :.i;~ill require mat~i~?~i~nds. ===================== : .......... ::~iiii!~i':ii' ::i:!:!:~:: .~i~iiiiiiiii~ d. Federal E~'rgency Shelter Grant Ri~!iii..M.,anagerlB...u.~i~t Officer Harris advised that this fund accounts for the monies r~~?:~t~ii~deral government through the California Department of Housing and C~~i~i0pment for the specific Federal Emergency Shelter Grant program. The Cit~:'"'::~~~:~:-acts with The Ford Street Program and Ukiah Community Center to provide services to the population targeted by this program. The current year two grant extends through September 30, 2000, with a total award of $256,440. He explained that the City has been participating in this grant program for approximately eight years. He discussed the services which the grant funds and how the agencies are paid. June 22 and 23, 1999 Budget Hearings Page 14 of 17 e. Community Development Block Grant Risk Manager/Budget Officer Harris advised that this fund accounts for monies received from the Federal government through the California Department of Housing and Community Development for the specific Community Development Block Grant program. Department 4707 addresses the current Planning and Technical Assistance Grant for the Recreation Center. He advised that there is a 23% local match in funding requirement. f. Economic Development Block Grant Risk Manager/Budget Officer Harris advised that this fund accounts f~i..{he monies received from the Federal government through the California Depa~men.t.~ousing and Community Development for the specific Economic Dev.elopmert~i~~:':~ogram- These funds are utilized for a revolving loan to new or exp~'..tng bd~'.s...:..within the City. Discussion followed concerning the loans that were~i~i~"'duringi~i~Y:..e,ar and ba~ g. Community Development Commissi°~iiiiiii!ili!iiii~?: .... Risk Manager/Budget Officer Harris advised that'""~i~!~":.'.'d::i~.a, ccounts for monies paid to the City for Iow and moderate income housing reha~i~':'~~~s established through a Community Development Block Grant program andli~e ~:~~ii~oney must be for Iow and moderate income housing or economic d .e....v.~lgp..:ment. ":~~~ed a loan to Rural Communities Housing Corporation (RCHDC)..,:~~t:..they Wi¥i~i~i~:'Paying the loan this year. RCHDC is also expected to present ~~~~! in w~' funds will be used for h. Equipment Replacem.e..~?' ....~ili?" ..~iiiiii!~*' Finance Director Elton discuss.e.;~~' detai..'.!~ii~3f the G~'eral Fund Fixed Assets and noted the two largest expenditure$!!~~i~ for.~, repl~ent of computer equipment and construction.:~:of a storage...f.:~il~i .:::i~i~iiii!~i?~i!~i!iiiii? Risk Ma~~~et ~~i!iii~[...r:.is discussed the City's self insurance, WorKers C o m pen sati0'~ii~ii~~~i...ms Risk M~'ager/Budg~{ii~~i~:'Harris discussed the City's Liability Insurance Fund and also..~:"Reimbursable ~~::Account through which the various Departments are charged thei~ii~spective insur~e Costs. iii~i~ii~ity Manag~~nt and Administration explained that the City Manager and Assistant City Manager are pai~i~iiiili!~?~alaries Account #110, with a portion of salaries paid to the Risk Manager/Budget Officer and Executive Assistant. She discussed Fund #250, Contractual Services, and explained that several sessions are planned. Discussion followed concerning Fund ~599, Reimbursable Credit, and it was noted that it has been two years since a study was conducted. June 22 and 23, 1999 Budget Hearings Page 15 of 17 b. Personnel/Risk Management City Manager Horsley discussed some of the duties of Personnel Officer Harris and Safety Officer Weselsky, who ensure that ADA and recycling compliance are in place. Discussion followed conceming the duties of the Risk Manager, noting that Mr. Harris' position handles liability issues. c. Secretarial Pool . City Manager Horsley explained that Executive Assistant Yoast supervises .t.~:-Secretarial Pool which provides secretarial and clerical support services to ~!ou .s......:..~":~tions:. of the City. ..A:.. Discussion followed concerning the cost of a City flag,-'iii~iii~'~s not~!~~ii;~as~ a proj..e.:~ to take a flag to the League of California Cities annually:eating. ~..:S..~ i~:;~~i~ii:g.° f°.~;}:d with the project, upon the approval of Council. d. Community Outreach/Public Informati~i~!iiii!i~~ ....' .............. City Manager Horsley discussed various costs inclu..d..~ii!i~i~u.n, t ~651, Advertising and Promotion. Account ~390, Supplies, is used foP:i!~'ity ~~~..nal Support which is allocated money for local agencies who ap~!~i~::..assist~iiii!ii!i~e discussed those organizations which the City has assisted::~i~ii~i~ii::~nd, the"::'~~ss involved..A.s, ub- committee, which is composed of City staff....?:~::'C~.i.l.'~.oers,::~aKes recommenaat~ons Councilmember Ashiku, who ~d on.::~i~ sub-~mittee last year, explained the. selection process. Considerable~:.i~ssion..i~llowed ~cerning the selection process ana whether to increase the amou~ii~' alloca~i~ ..... City Ma~~!~[..s. ley ~i~~ili~ccour~:~:~:~'46 under this fund with regard to the annual Property ~~~trati(~"~i~ii~~. the County. She briefly discussed reimbursement Consents of Coun~i!~i~i!temove the City flag project ($1,000) from the Budget and transf~:"the funds to C~::.~:ity Outreach. C~ii~iii?ensus of Coun.~i~: was to increase Account #690 under Community Outreach from ~~0 to $25,000~!!iii!:::: .... ~~~i~uncil was to remove the $2,000 for Council Special Events/Projects from th~:~::~~i!ili~:~d transfer the funds to Community Outreach. Consensus of Council approved the City Engineer's request for an additional $11,000 to purchase survey equipment and a $6,000 increase in non-regular salaries. June 22 and 23, 1999 Budget Hearings Page 16 of 17 Discussion followed concerning the Major Crimes Task Force name change and its role in the community. It was recommended that a report of the Major Crimes Task Force activities be provided Council in the future. 3:05 - Recessed. 3:30 - Reconvened. Risk Manager/Budget Officer Harris reviewed the recommended changes::~..{.~:the Budget by Council. The total General Fund Budget expenditures is $7:{i~:72,8~i~nd the total Citywide expenditures is $33,043,534. .~ ..... ~iiiiiiiii!ii~iiiiiiiii!'~i~? .... Discussion followed concerning pay increases for C.~ii!~ff and..:,~l~~.'.a....t, ion proce~i!: Council also discussed the over-all make up of t~ii!~udget .,~'*~'*w~~~. w...i..~e allocation for street improvements. Discussion of ~:t. her t~i~ntract services was deemed too expensive compared to t~i~ii~"billing in ho~:~'"'.i~m was discussion concerning the Golf Course and its pro~~ii~::..increase. Fire'Department salaries were briefly discussed as well. Councilrne~6~!~~in expressed the need to have a comparison study of salaries among City w6Aers"~i~~:::gities. City Manager Horsley explained that several surveys have ~i.*:i::~0mple~i~~ning salaries and it has been determined that the City s sala~iiiii~~i~::..is bel~!!!~..~:~r cities in Sonoma SD. Adoption of Resolution Aor~inu C~'*of'~i~!ii~i~;ali! ' Year 199S-99 Budoet MIS Baldwin/Ashiku approving R~.~lbtion Nd799-49 ~ the recommended amendments by Staff and Council approved B~~*cha .n.~'S to th~::ii~:scal Year 1999/2000 Budget, with the total appropriation of $33,~.!~'24, ~~a by t..h.~!!~)llowing roll call vote: AYES: Smith, a~i~:.~§Yor Libby, Baldwin, Ashiku, ..... .'i::i:i:ii .... Ma~{~iiiiiilN~::~ None. ABSENT: None. ABSTAIN: Counciln~~!~Shiku ~~:..d. staff for their hard work on the budget. Mayor Masti.~ii~~i!~bt...ed si~i~::'the composition of the budget, noting that it is very easy to U.~i~'r~J:i":~':':::i~ii~~d C6:Uncil for their comments and questions concerning the budg~iiii? ..:.:,:.:.:,: · 6...,,~JOU RN M ENT T~':--~ being no furth~iii~usiness, the meeting was adjourned at 4:00 p.m. ::::::::::::::::::::::::::::::::::: ...::?:iii?:: M a'~iiii~i~i~i:::"C ltv Clerk June 22 and 23, 1999 Budget Hearings Page 17 of 17 MINUTES OF THE UKIAH CITY COUNCIL Special Joint Meeting of the Ukiah City Council and Ukiah Valley Sanitation District Wednesday, June 23, 1999 4d The Ukiah City Council met in a Special Joint Meeting with the Ukiah Valley Sanitation District (UVSD) on Wednesday, June 23, 1999, the notice of which had been legally noticed and posted, at 3:13 p.m. in the Civic Center Council Chambers, .~ Seminary Avenue, Ukiah, California. The purpose of the meeting was to revie~..and.:~uss the City of Ukiah Fiscal Year 1999-2000 Budget. Roll was taken andlii!~::f'"'...'~i~)wing Council- members were present: Councilmembers Smith, Li~ aal~!iii~hiku, and Mayor Mastin. Staff present: Director of Public Utilityi!iiiii~:~;:~es, ~'. ..... '.-~~.r.. OperatiC:' Superintendent aorecky, Director of Finance Elton~iiii~isk aana~B'~{!i~.'..m, er ~~, City Manager Horsley, and City Clerk Ulvila. Members present: Shoemaker, Ashiku, and Chaii~i~iii~i~ar. Sanitation District Chairman Delbar introduced ~~ii~~.ta.ry Heike Arnold. She is also the Deputy Clerk to the Board of Supervisor~i? PU UC YEAR 1999-2000 BUDG.E~iiiiii!!~'' ..:~iiiii? :~iiiii?' ..... A. Overview of Prol:Jose~!i!!~;daet~?itv ~i~aer/Director of Public Utility Public Ut!::!~Ds Direct~ii~es ac~v!~ii~ili~~' Fiscal Year Budget for 1999-2600 is increas~iii~iii~roxi~!~ii~,.000 fr~ii!~ili~evious year. Most of the increase is due to plant::~i~~ent r~~~S at the Wastewater Treatment Facility which involves the trickli~~~.dditi~~~.i~n and study work which needs to be ~mpleted, amounting t~:~::~~:,~::~::., mhiS'::~~~i~s off-set by some reductions in other areas. He introduced..:~~~?~pera{~'' Superintendent Borecky who played a large pa~ in the prep.~'=~n of"~~~. '" a..:?:~?~eview of Cit~~;t~ Fund Account~ .:~?' I. Sewer~stewater Treatment (pages 266-280) .~: ii. Cityl~ric, ....... System Maintenance (page 281) ..::~:~:~:~:~::' ~j~~?:~~~r advised that at the last meeting of the UVSD, he inquired as to the ~~~~11 Capital A~unt, as .referenced on page 272. There is a contribution to '~J{~J?:~:~Ja~ment, in the amount of $156,000, and inquired as to the over-all balance ~n that fund. He noted that account ~711 is a contribution to ~pital replacement and inquired if the funds go into a Capital Replacement Rese~e Fund, or if it is a one time expense. Joint Meeting of City Council and Ukiah Valley Sanitation District June 23, 1999 Page 1 of 3 Finance Director Elton advised that the #711 account consists of money that is set aside within the Sewer Operations Fund and does not go into a separate fund. He explained there are other reserve accounts and the UVSD has a Capital Reserve Fund (Fund #650) that has $1.5 million balance (as noted on page ES-12). Mr. Shoemaker inquired if the City has a similar account. Finance Director Elton confirmed that the City has a similar reserve acco..:~ that has a projected June 30, 2000 balance of $997,000 (line item ~20). In.4~,e. spon~::~o an inquiry by Mr. Shoemaker, Mr. Elton advised that there have not been..:~ii~i~ibutions to the #650 account in the current budget, however, there ~beerfi~!~i~tions in the past with various portions of the revenue being directed.$:~!ii~:i~ fund .i~j..~Lw. ays. At 0~:' time there was a formula established which was aiii~rcenta,g.e!i!i~ t'~ii~~~ that~s taken in by the UVSD and put into this account. Thi{i~,.r.:pcess:~i~:~ionger unsure when the process stopped, ii!iiii?~iiiii~i!~iiiiiiiii!~i~i~3ii!i!?' ~ii!i!iii!iii!iii!ii!i!!iii!iiiii!iii!i? .... Mayor Mastin inquired as to what happens to capi.~iiii~i~ent monies. Finance Director Elton advised that the amouQ.t.~:~..O..ii~oneY'::~i~i~:...':........~i~i~iiii~ilLset aside within the fund balance of the Operating Fund for fut~ii!i~i~::..acquis'~i~?¥hese capital funds would be used typically as a source for [..U.~i~':i~!~s as ~i~cement of equipment and vehicles on an annual basis, as o..~'"~'sed t.e.'"ii~~i~a~i~n or remodeling. City Manager Horsley noted that::~i?City m.~':-....~:'"have f~i?~:~'~'e was a sufficient balance in the Capital Improvement Fund, ~~ rea~'d a poi .n...~i~ere they felt comfortable with the balance when the process st~d. .:~iiiii[~i?~ii~[ Mr. Sho..:~~r note:~::iii~iiii~en the !!~~~i~' Fee went into effect with the City, the UVSD ~i!i~A~:..d.. to i~~:._~ii![t, as we'J:J:~:~:~*~)wever, the UVSD declined at that time. City Manag~i~~:~::..reco~~~ilithe UVSD determine what would be a comfortable balance in t.~i~!!~~!::~:!mprcJ~~t Fund and what percentage it should be of their San.i...t.'~i:ion District C~~i~ Delbar inquired if the City and UVSD have been the sole so~ of funds for F .u...'~ ~50. :.:.:.:.:.:.:.:.:+:. ...:,:.:.:,:. '":'~:?::!:~:i:i:i::' .-"::!:!:!::' ~iii.".'M. anager HO[~/recalled that it has been in place at leaast since 1986. as to why the #650 line item isn't shown in the UVSD budget. City Manager Horsley advised that City staff will make sure the UVSD receives a copy of the fund summaries in the future because that is where the totals are located. She discussed adding fund totals in the budget as line items in the future. Joint Meeting of City Council and Ukiah Valley Sanitation District June 23, 1999 Page 2 of 3 Discussion followed concerning how the budget is set up and the desire for the City to provide the UVSD with information on a regular basis. Mr. Shoemaker inquired as to how the revenues, such as Septic Dumpings, Interest, State and Federal Grants, as noted on page 267, are allocated. Finance Director Elton explained that they are not allocated in a way to indicate whether the source is the UVSD's or the City but are identified as to the revenue of ~ operation. .,:.:.:.:.:..... Mr. Shoemaker inquired if there would be a benefit to the U~iiii~iiii~:~ve its interest credited to its Capital Reserve Account. ..::iiiiii!iiiiiiiiiiii:?:~ ":::i~iiiiiiiiiiiiiiiiiiiiiiiiiiii!i!iiiiiiiii~iiii~::.. . Finance Director Elton stated that the interest e.~i~:ings (#612) are part of the complete reserve and expe~..pict~bf the s0~i!i~~'s in which both the City and UVSD have undivided in~-.'".:~.s..:~::iiii~i!i~e further stai:~iiiii~iiii~apital Reserve Funds for the City and the UVSD are s~i~~::i~:maintained and'"'~'ach earns interest, individually, on its fund balance. -.::~?::~~."-:~ .... Mr. Shoemaker inquired if there is a line item...:::~i?:i~!erest":~ii'~iii~tal Reserve Funds. Finance Director Elton noted that the ~!~ii!i~i~i:!'~,serv~ii~ (#650)is shown on the Fund Summary. He advised that, ~ii~'no d~:ii!ii~iii~~i~:"in the budget document, there is $6:3,000 income projected f~i~iscal y...~i' 19~.~~! ...-.v.v.v...-.. Discussion followed concemj~!i!~ity st~iii~rovidin~iiii'nformation and a copy of the fund .... ~. :ii::iii::i::i!i~:' ======================================= ................... ::::::::::::::::::::::::: ..::~!i ...... ~i::~i!i::i::~'~::.. ::::i::?:ii::!: ============================================================================================ .... p.m. ..:::::::: ::::: ::::: :::::::: :.. ==================================================== ...... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: "::i::--.i:i::--.!:!:i:i:!:!:'..:!:!:!:!:!:~:~:i:~:~:i:~ .... .... i:i:i.'~:i:i:i:i:i:i:~.--::i:i:i:i:i:i.'~:~:~:~ ...... 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' ::::::::::::::::::::::::::::::::::::::::::: ...... ...... ..::::::::::.' ..:.:.:..-.:.:.- ..:.:.:.:.:.:. ::::::::::::::- · ::::::::::::::: .:i:i:i:i::' ..:.:·:.:.:.:.:.: ..:.:.:.:.: ..i:i:i:i:i:i:i:!:i ..:-:.:..'-' ::::::::::::::::::::: ..!:!:!:i:i:' ...v...v.v.v. ..:::::::::- ""'"" ............... ..::i:i:i:i-':" :::::::::::::::::::::::::::: ..::i:~:~:!:[::' :!:!:i:!:[:i:i:i:[:i:i:i:i:[:i:. ..::::::::::::.- -:-:.:.:.:..'-:.:·:.:.:.:.:.:-:.:-:-:-:-. . ..:::::.'.':::::::::" ======================================================================== :~::::i:iii!i!i:..-'!i![!iii!i:i:~::::""' Joint Meeting of City Council and Ukiah Valley Sanitation District June 23, 1999 Page 3 of 3 MINUTES OF THE UKIAH CITY COUNCIL Special Meeting Wednesday, July 7, 1999 The Ukiah City Council met at a Special Meeting on July 7, 1999, the notice for which had been legally noticed and posted, at 5:28 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Assistant City Manager Fled, City Manager Horsley, Planning Director Sawyer, and Ci.t.~iii~lerk Ulvila. ::i~i., ..::!:!:i:i:i::: Mayor Mastin explained that a Special Meeting of th~?City C~..[.~iiiii~; been called to allow Council the opportunity to interview Planning Co~Sion a~ii~'.s..,~:~:. Effective June 30, 1999, there is one vacancy on the Planning Co~t~ion. Mayor Mastin advised that each Planning Commiss~ii~!~nt will be inte~~a~"by the Council, with a maximum of 20 minutes per intervie~![i!iiii~:. .... ~:".~~::.applications were received prior to the June 25, 1999 deadline. James Mulheren gave a summary r**e..~[~iiiiii~S appi*~~*"*'~'skilis, experience, expertise/perspective, and other organiza~**i*'~=:**~i~i~':.~with ~'rence to his interest in serving on the Planning Commission..~?=i~* state~i!~!ili~!ii!~~i'oyed and is the owner of u~a, Custon~ Ca~n~ts. ,e a~s0..~!~e~ ~t..~i~!'=!~s °'~~?**'~{'o ~ecor, e ~nvo~ve~ ~n C~t~ government and to be a participa~i~i*~ the ~'s gro~:' plan. Councilmember Libby inquir~i~ith re~!i**to ap~[i~nt's viewpoint on the Ukiah General ar. aUi~i~iii!~.'.e..p..lie~i~'"~i~iii~i~.:..~en~;:;~'i":~::F~a~ is a oa~efully o~aftea aooun~ent whioh provides'~'~!i!~iii~i~.ning":iii~~:.,,..a..nd/or implementation. Counci~me...~'. ~.j~ii~i~jnq~::~?~hether applicant is able to implement and make applicab!.e.:ii.~!~::':~i:'i:'~iii~!~~::archi:iectural and landscape standards with reference to the M.~ii?~i~'ulheren replied ~i~'su:i3ports uniformity planning standards as opposed to no specific a~t-'hetic design s!:~ards. He felt he would be able to consider each individual ~~otive plan~:"p~ojeot without p~ejudioe. ~~i~iii~'~ired regarding applicant's response to "discouraging inappropriate land u~'~-'iiiiii~i!~:-'~t:~i" '- "--categories would constitute such use. Mr. Mulheren replied he defines inappropriate land use as actions taken by property owner(s) which destroy valuable agricultural land for housing projects. He further replied July 7, 1999 Page I of 8 housing projects should be constructed in areas other than on agricultural designated land. He noted it is the City's Planning Department and Planning Commission's responsibility to help preserve and maintain as much existing agricultural land as possible with regard to planning projects and implementation of appropriate land use as outlined in the City's various Codes. Councilmember Baldwin inquired regarding applicant's opinion with reference to "mixed use zones" which incorporate a mixture of residential and retail/commercial development .::ii!::.. projects. ..:.:,:.:,:.;.- :..~i ....::?:i::iiiii~ .... Mr. Mulheren stated it is his understanding, although ~.uch afo~~;d projects do exist, these projects must be considered for approval i~i:..d, uall~-i~i!i~i~.e..ther the project is consistent with the Ukiah General Plan and appr~~"'Zonin~i~~iii~iiHe noted t~' he supports residential construction in the westsid~!!i~:i'lls. Councilmember Smith inquired if applicant su~S~ironmental ~~i~i~'' as it relates to and affects project development. "~:iiii!iiii!iiiiiiii!i!iliiiiiiiili!ii!iiiii?:i~ .... , "'" .............. Mr. Mulheren stated he supports project environ~ta'i:~i!~!i~:..and he would require a proposed planning project be modified and/or ~i:t:.ioned i'~ii~ii~ii~a project to comply with Code standards and other associated..~~::.requir~~?'~ Although he favors community growth, he encouraged the .C.....~¢~:....~iiii~iiiannexa;:.{~:h plan and/or program wherein additional land parcels would::~:::~,onsi.~i~i!ii~..sJ...d.~tial building use. He further noted the population i~::::~iah wil.liiii~:~reaseii!~::~:[he':~ city Planning Department must provide planning projects,~rtio~i~:?~o this g~Wth. .:~:?:~:::~!~ ~:" ..::i~?:ii~i~::::: ====================== ,.i'.';':.;'iiiii::':-:i!::" .:~.:;':::?:::::!ii!i~i! He stated a~nexation shou!~ i~de a ~~::~i~:"clential and commercial zoned areas. A gene~.~ii~~:ionii~ f~i~~.rding "~:~ and specific annexation areas which would not affe~{~::!~iii:.~late ~i~i~!i!Y zoned areas. It was noted a~~ii~iCity ~i~i!ili~'~di the Planning Department mutually recommend approval a~~~!~i~ii~rsp~ive project objectives, final approval should be subject to the .U..~i~'~ Genera'i::iii~i?.~iii~..eject consistencies and requirements. It ~:: also noted by ~P:ii~nt with regard to growth management and the current land a~ii~bilitv, certain d~elopment limitations and/or discretions as well as neighborhood ~~tibility restric....t.:~S should exist in connection with construction of second units and ~i~[s..ion of !.~ lots pertinent to specific residential areas. I~:'":~i!!ii~i~i'~i~goted by applicant that treatment centers, group-homes, day care center, resid~'~{ial care homes, and other similar agencies, profit/nonprofit organizations already exist in residential neighborhoods. Additions to such businesses or organizations in residential areas should be subject to the Planning Department's discretion. July 7, 1999 Page 2 of 8 A general discussion followed regarding Use Permit applications and appropriate project aesthetics to include building compatibility and landscaping with reference to State Street. Mr. Mulheren reported project design standards should be consistent with neighborhood compatibility and project approval should be contingent upon this factor as well as the other City Code requirements. Mr. Mastin inquired whether applicant, with regard to City growth and public safety issues, favored such proposed solutions as construction of larger streets, ~truction of .!i~::..ht ........... additional public transportation facilities, additional traffic i~'Jlation, and implementation of the Ukiah Bicycle and Pedestrian Master Pla~ili~iiiii!iiii?.,'.~.:.:,~ii!!!i';'~ .... Mr. iulheren stated, although he did not have an im~iAe ~.h and pub.....!~' safety issues, he stated it is the Planning Commis~i~i's res ............. A general discussion followed between applicant':~?i~i~:Council regard'i'~:~':"solutions and/or favorable alternatives constituting affordabl..e...i::i~~i!~.d multi-story buildings. Mr. Slonecker presented a brief summary..::~~'.'":.~:~.~::.his wo~:~i~"'i:Y, education, skills, general interests, organization affiliations,_::~::~~iii~r.,essed;~i~ interest in serving on Councilrnernber Libby inquired..::~: appli~:t viewe~!i~::"Ukiah General Plan. Mr. $1onecker replied, alt.h..~'h he.?:!~i!iilnot ,f ii iar with the Ukiah General Plan requirements, he would ~si~'individ~i!~:.a~~projects with regard to specific needs, i nte rest s,.::~i~:i.nvestm~i~u n iti e~i!ii?!i!iiiiii!iii?iii~i!iiiii??'' He reit;'~i~iii~cep{;!iii~'"....~!~i~ a reality and understands this concept should be applicable ~?i~Di. ng f0'"~i~~~tY growth. Councilm~~?:~i~!i!i~uir~?if applicant has identified planning issues he would change~:{h regard Mr:~ili~i;necker stated ~!sUpports the opportunity for new businesses to come to the City. H~!iii~ted there are m~y existing vacant buildings within the City and its parameters. ========================================== ..::!::ii::::::i~ i ~.~::?:.:i::.::.i:~::?:.i::.::.~::. . ....... ~.!.!?~::i? · · , · M~i.M...~stln..j~red regarding apphcant s response w~th reference to clean industries." M:~!i~~~:~; replied "clean industries" refers to electronic business or other associated businesses wherein people benefit. He stated "chemical industries" are costly, environmentally restrictive, and not conducive to this area. He advocated with the availability of computer technology, many people favor living, and are now able to conduct July 7, 1999 Page 3 of 8 business in rural areas. As a Planning Commissioner he would like to work with public and private individuals in order to support businesses with economic values. Councilmember Baldwin inquired whether applicant favors a Design Review Ordinance regarding design preference and continuity for the downtown and other applicable areas. Mr. Slonecker replied, although the Design Review Committee and/or Ordinances assist in aesthetically pleasing projects, each proposed project should be individually.:~.considered. Mr. Baldwin,,further inqu,!red whether applicant supports a Cit~ii::~.p. olic...~ii~ich actively encourages mixed use to include residential a.p...artment.~i~!iii!~~ .... condominium development over retail development. ..:~i::iiiiiiiiiiiiiiiii::!~ ;~iiiiiiiiiiiiii!iiii!iiiiiiiiiiiiiiiiiiii~:~ ........... Mr. Slonecker replied in other areas many former ~'iness apartments and/or condominiums or a building m~ili..b.e co~ed for '~{~iii~!~~ on the bottom floor and residential purposes on th~i!i~:~ii?:~'r. He state~iiii~ili~i~eople welcome condominium living. :::~i!~ii~?iiiii!iiiiiiii~ili!iiiiiiiiii!i::i~ .... ' ..... Mr. Smith inquired whether applicant supports Cit¢i!~"ro~~ii~...xation of County land and if so, would this option encompass resideD.t:[....e..!::~::gnly, c0'~~ili~nly, or mixed use. Mr. Slonecker replied in other places gr~i::i':"~!!i~~i~[..a...nd a~ation is common. He further replied, in this area, it is his und~'andin.~iii!~i~~-i~n is unlawful. He stated if County land annexation was an opti~:i' he su~rts '~i~i~::~se first. He also stated he favors the option wherein the City.s~orts t~::County ~iti~"'i'eference to growth issues and ~:!:i:i:i:.::i:i:::....... ~:i:i:i:i:i" employment opportunities ............................ ..:::::=:: ........ ..... :: .......... :.-:-' ....~?:~::i::iiiii: ..:~i!i!!i:.i~" ::!i!!!i:i:i:i:i:;'' ..::::::::::::'" .:::::::::......... Mr. Smith~:=.. inquired ~t~i~'' appl:i~:iiiiiiiii::~"~'~'rts environmental regulations as developm...~t..!y, pertin~ii~iii~:.good o~i~!iiii~~unity, or in the alterative, unnecessarily Mr. Slonec~iii~~!~::altho~ii~i~mental law and regulations are cumbersome, he supports en.yi~~.i~i~:~gul~i!i!~'ecause there is positive value and public benefit associate:dlii~::~ii~~~: H~!~;~urther stated, as a Planning Commissioner, he would work w.i~?:i~otential pr~j~!i!~icants so that their projects are approved and also comply with::~i~' required envi~:ial standards. M~ii:.Libby inquired..:,~arding limited growth availability due to surrounding agricultural !~ii.i~.nd in what .d...~tion(s)would applicant advocate continued growth. ~iiiii~~:....:~iii::i~:;plied he supports agriculture and it is his understanding there is ag~~iiiii~:~d available wherein farmers do agree to sell their land for the "right" price. He further replied he favors building on agricultural land if the parties involved and public benefit. July 7, 1999 Page 4 of 8 Councilmember Baldwin inquired whether applicant supports hillside building particularly on the west side. Mr. Slonecker replied he favors hillside building as long as the site is geologically stable and not environmentally disruptive. He further stated the individual property owners should be financially responsible for property access, utilities, and/or land improvements, and if such conditions are met, then building limitations by the City Planning Department would not be appropriate. ·.::~!!::.. ..:i~i:.~i::' Mayor Mastin inquired regarding the increased traffic congestion~i~d w..:~er applicant has any proposed solutions to the problem. . ........ iiiiiii!ili~i!iiii~iiiiiiii!iiii~ .... Mr. Slonecker replied one solution to traffic congesti~i~'' State:i:~{~:d be to in~' two lanes in each direction with a tum lane in the mi~. He no.~:"tl~:i~i!~~.d so.l~n would eliminate some parking on State Street. ~..~urth~i!i~:~ted tr~ii~'".~ii~~'ing adequately with the street improvements made to ~~ {~d Orchard. ~ii~~:"traffic flows smoothly on Dora Street. ':~:~iii!iii!i:.iiiiii!i!!iii~iiiiiiiiiiiii!i::::~ .... ' .............. Mr. Baldwin inquired whether applicant envision~?~i:gh'~!~iii~~".~:..heights in the future. Mr. Slonecker replied affirmatively should p..r::~i~...e, rs ch~:~~i~'"'~)uild condominiums Councilmember Smith inquired ..[~'arding:iiiii~!~e "~i~~'ip between the Planning Commission and the City Coun~t~iii~nd wh6~er the:~?~'~:~mission be independent and autonomous from the Council idi~iiii!and u~' decisio.~i!~aking. ====================== ..::~i~i!i!ii'-' ..:iii~.:iii!:' Mr. Slonecker replied bo.t..~!i~iles, wit~iiii~~i!::}'° proposed projects, should combine their effo~ii~:.r, eflect a~i!~ider thei!~:.~iii~i:"intentions of a particular applicant. Mayor Ma-$~.i!i~~::i~::Ms. ~:..~iiiiii~icl not complete questions 7 through 17 on the Application .f..:~ii~~i~?~.0mm:~~'" Appointment. Ms. P~n stated it'i~i~ii~rstanding that a reapplying Commissioner is not required to c~lete these ........ ..:.:.:.:.. M~jii~ruden stated s~?has served on the Planning Commission for five years and should i!!i~ appointed~ii!i~'is will be her last term. She further stated the existing Planning ~.'S...S..i~n.?.~~e an exemplary job implementing the Ukiah General Plan. She noted (~i~~~i~:~:s, with reference to proposed planning projects, have made Zoning Code te':'~i!~~{i:~)ns and/or changes. She further noted the Commissioners made decisions as applicable and consistent with the provisions outlined in the Land Use Code and the Ukiah Bicycle and pedestrian Master Plan. She reiterated she is pleased to participate in the Gobbi Street/Riverside Park project, preparation of a Historical Preservation July 7, 1999 Page 5 of 8 Ordinance, and other City projects· Councilmember Libby inquired of the applicant what is the most important land use related issue presently facing our community. Ms. Pruden replied this area is nearly at "build out" and what is left to build on is more problematic than ever before. She replied current planning projects encompass mitigation problems and involve other highly impacted issues which require solutions and/or project modification. She noted there is not a lot of room for housing and further not..:e.:~::~::;the Hillside Ordinance has not been resolved. She stated the City must at :~.~:)me ~t, choose to annex or increase boundaries. She reported the Planniog Com~.i.~i!~nsiders many applications for controversial, high-density second un.:i~ii:!ii::i~:: .'-::-'iiii~iii~ii~iii~iiiii~: ..... Mrs. Libby inquired what direction would City bou~ry expaD~..:~:~i~!~.,.ii pro,v...:~ City boundaries must be expanded. Ms. Pruden replied she would like to see bounda~i~bion to Orr Sprin~:;:::'~oad, but stated issues such as the high commercial corrido..~::::i~ii!~i!i~ situation would prevent boundary expansion. She stated one of the be~ii~;3pti'~!i!~~::..be for City boundary expansion to the Boonville Road. Councilmember Ashiku inquired '' responsibility, and/or both to manage the pressures of gro~? ...... Ms. Pruden stated both organizat~i::?shoul,d.~are re~;:i:bility to make the State Street corridor and gateways all "one .~~ntati~iii .... She a....!~ stated the County does not favor citizen advisory groups and p~S to m~ge p!.~i'ng issues at staff level. She further stated the ~ntinued co~:.t..i~'n for p~ii~ii~'ppropriation hinders the community. A appi'i' :Ai regarding proposed City aesthetic and/or architectu'~ili~~....ment,~::~!i~ii~town gateway corridors and other City incorporated Ms. Prud~ii~'~;:~!~:i~~.ed~ in~"the Ukiah General Plan is a Design Review element. She ~i:d like the :~i~iiiii~'cil to give Planning Department staff direction to begin impt~'entation of th~iiiii~¥~n ..... Review Guidelines by strengthening them into a City Or..~ance :.:.:.:.:. ,.,.?,.. .:::::::::: · :::::::::::::::::' ..:.:.:,:.:. .... ..i:'.-:!:i:i:~ .... :::::::::::::::::::::::::::::::::::::::::: $~iii~ted the hei~iiii'mit in the downtown area should probably not exceed three stories i~"'.~i!i~~::~t.o......m.a~i~'' current aesthetic building proportions. S~i~i~~!~:~ Planning Commission is sensitive toward second unit and/or second story buildings, which is often a large "bone of contention" between neighbors due to potential loss of privacy. July 7, 1999 Page 6 of 8 She further stated what makes Ukiah unique and beautiful is the east and west hills. She noted with proper design and vegetation as well as compliance with regard to fire standards set forth by the California Department of Forestry, this area can accommodate more growth. She does not support row after row of houses in the surrounding hillsides. Mayor Mastin inquired of the applicant regarding the Ukiah General Plan implementation progress and further inquired if she recommended any changes to the Plan. Ms. Pruden replied initially implementation of the Ukiah General Plan..::~i~to planning projects was slow, but when land use coding became a project isj~je, ~l:~,ation of the Plan was a necessity. She stated the Planning Commission had:~::~i!:::~i~:~he Plan's land use designation compatible with the Zoning Code. Councilmember Baldwin inquired whether a~i~nt h~..d.!iii!~i!iiii!~i~i~::i~::,.rega.r...:~:~l restoration of the three major creeks within the Cit~i~ound~'. .... ~:~iliiiiiiiiii~iiii~ii~iiiiiiiiiiii!i!iiiiii?? .... Ms. Pruden replied she has been in contact with a ~i~.r:ation consultant"and creek restoration in the w,,estern hills is not likel,y, beca..u~i!ii!i~~.u-:nately, a lot of property ownership came with center creek line deeds whi~!i~!~a~iiiii~-~~lt to properly channel creeks since certain creek alterations have alrea~y,:~b, een m~:~ii!i!ii!i~::i::[eiterated, although creeks are a community asset, full restora..~iiiii~iiii~..t.-::..likely ~~:~"these creeks have been channeled and changed for 135 y.~:':~i!!::::ii::~::::iiiili~iiiiiiiiiiliiii~i!iiiiiiiiiiiilili~:~:~ .... ~:i?i~ .... Mrs. Libby inquired of the applica~i~hat t~iiii~el~!i~:~!~i!~ould be between the City Council and the Planning Commie'S. .?:iiiiiii? :~iii!ii!!!~:~:~:~:~ ..... M,. Pruden replied ~oth entiti~iii~!~ld ~;lem~il}ii~:ne another with regard to planning issues and..::interpretatio~. ~b state~ili~iiii~::!i':~iii~¥~nning Commission's ~usiness to ~e concern~i~ii~.i, th land .~iiii~es andliii~i~~:~'"'as well as to handle such matters as effecti¥~i~i!iii~i?~i~.ffici~i~iiii~ii~.S, ible. ":§~$::::'~lso stated it is the Planning Commission's respon$i':~ii~?~}ii.:.:..~?~ii~.t ~ur~$~i~i~iii~i~ Council with planning issues so that Council can concontmte': i pli t"$a :i ha regulatory procoss, s.o note th ro hav boon M~. P~:n noted sh'~i~:.mixed land use with reference to residential construction oYer..:~:~il deYelopmen~?~i~}~!~::~§tated she would like to see some of the older second-story do~Own buildings ¢~:~'ed into apartments with the ~ottom floor housing a business. S~i~urther stated sh~i~}~Upports such a mixed use project if it is presented as a Use ~ermit ~i!~ure construct~ or conversion is neighborhood compatible. ............................... ....::~ii::i:::::::? ~}~i~?~g on the Planning Commission has ~een a pleasure and she would like t~:'!iii~~::::~":~:~rving on the Commission wherein she is able to fulfill her planning aspirati°ns as well as to continue to apply her planning experience and expertise. July 7, 1999 Page 7 of 8 3. ADJOURNMENT At 6:32 p.m., Council adjourned to their Regular Meeting of July 7, 1999. Marie Ulvila, City Clerk ..::::::::::::-' ..!:: ,,::::::::::::-' ===================== ..::::::::::::-' ..::i!i!i.. ::::::::::::::::::::::::::::::::::::::::::: ,,.-,:,:,>:,:,:,. :::::::::::::::::::::::::::::::::::::::::: ....... .:.:.:.:,:.:. ::iii ..::..:::::-~ ' :i:i:i:i:i:i:i:i:i:i~:i:i:i~:i:i:i'i:i:~:i:,::;" :.,.,-,-,,,.,.,-,:,.,,-,- ============================================= ~.'.-::.;:-;::;:;.:.' 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July 7, 1999 Page 8 of 8 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, July 7, 1999 The Ukiah City Council met at a Regular Meeting on July 7, 1999, the notice for which had been legally noticed and posted, at 6:37 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. Staff present: Public Utilities Director Barnes, Airport Manager Bud, Community Serv.i.~s Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad~ii!i.E..isk ~:ager/Budget Officer Harris, City Manager Horsley, Public Works Director....~he~:i City Attorney Rapport, and City Clerk Ulvila. ..~iiiiiiiiii~iiiiii~ .'~i~iiiiiiiiiiiii~iii~i!i!i~iii!i~..: 2. PLEDGE OF ALLEGIANCF Councilmember Smith led the Pledge of Allegia~ a. PRESENTATION: John and Susan Mavclinni~ii~~ing Community'~i,, Ms. Terri Sands, representing of Community-,~,ir, re..a, dli!~~:. ':...~ statement by John and Susan Mayginnis who regretted that they were'-'~iii~i~abl~':'-':ii~iiii~~, the meeting. They thanked the City of Ukiah for its approval of ..d~i~yii!.S..chedul~ii~i~ice for the regional community and look forward to utilizing a.~.t.e!~!iiii~.o.n for t~i~ii!~'"'~:~senger operations. They had planned to begin operations i~ii~i:i:~::~ii~iii~...u,e to...f...i~ncially related delays, they have had to postpone their startin, g.':ili~:~te. ~iiii~i!~..a. ti~"s in Ukiah are primary to them and will begin service about o~i!i~0nth .~...;~' Co~~i~ii~ir begins its air operations. Their commitment to the communi~iiii~?'still in.:~i~t and t~'~:':';~elcome interested individuals to tour their facility .... iiiiiiiiiiiiiii!iiiiiii::iii? ~.::::::~::~.iKU [o.~!~~i?::the mirf~i!ii~'"-':~he Regular Meeting of May 19, 1999 as Mayor Mas~!~~".S...ted cl;~i~'".~iliConcerning the his discussion with Public Utilities Director aa~iiii~ii~d:..ii th'~!iii~i~i~tes. Coun.c..i!~;mber Lib~i!~j~' that the discussion related to the utility rate reduction, and aa~i?Mastin had as~ii!~lic Utilities Director Barnes what the average bill was per m~. After Mr. Barn~!~re~lied, Mayor Mastin stated that the rate reduction would amount t~iii~proximately $1 .:~i~?:per electric bill. ~:.~~!.!.~~ii~hiku inquired if the amendment was derived from the tape recording. confirmed that the amendment reflects the tape recording. Motion carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: Councilmember July 7, 1999 Page I of 14 Smith. 4b. MINUTES - Special Meeting of June 2, 199~ Councilmember Libby recommended a correction on Page 6, the second paragraph beginning with "Public Utilities Director Barnes", and that the second sentence should read "...operating expenses that goes to the General Fund". Discussion followed concerning operating expenses related to Franchise Fees and the General Fund. There was conflicting recollection of the discussior as::~i~.oted in the minutes. Consensus of Council was to direct the City Clerk to liste~i~..to th...e....'iii~e recording and amend the minutes accordingly. . .... ~iiiiiiiiii~iiiiiiiii~::.:~iiii!iiiiiiii? Councilmember Libby recommended a correction.~ii!i~:;ge 13.~i~g her vote..~~' the motion related to denying direct access to theii~j~{y of Ukia~i:~ E¥~:..~i!~.s. tem~:,::~i~e advised that her vote was "No", not "Abstain" as i~i~ated i~ii~:e minut~i~i~ii!i~iiiiiiiiiiiiiii!iiii!iiiiiii!iiii~!!i!i~-'' .... Councilmember Libby referred to Page 18, regardi~i!~i~t..e., at the top of tl~';':':~)age, and inquired if Mayor Mastin voted "No" on the matter of ~i~~i" the Parks, Recreation and Golf Commission. .:~iiiiiiiii~:~'~ '~:~iiiiiiiiiiiiiii!iiiiii Mayor Mastin advised that he had cast a Councilmember Ashiku recommen.d..'~l a requesting that the third sentence b~!~:eleted~i? MIS Mastin/Ashiku approvin..~ii!i~ mi,~i~s of corrections; carried by the fo!J~i:~g I vote Baldwin, A.s...~.jku, and MI 22, last paragraph, 2, 1999, with recommended Councilmembers Smith, Libby, ABSENT: None. ABSTAIN: None. 4C. MIS Ash call vote: NOES: No of June 16, 1999; carried by the following roll Libby, Baldwin, Ashiku, and Mayor Mastin. · None. 5. RI Ma~:Mastin revi peal process. .~i -::.::i:i:::' ~~ilmember ~'iku advised of a potential conflict of interest concerning item #g on ~iii~~t:;:Ga~ar since it relates to a lease with his brother, Mark Ashiku. He left the MIS Smith/Libby approving Items a-g of the Consent Calendar as follows: a. Received Repod of the Acquisition of Se~ices from Mike Brown Electric Co. in the Amount of $6,992 for the Replacement of Traffic Signal Detector Loops; July 7, 1999 Page 2 of 14 b. Awarded Bid for Various Pole and Pad Mount Transformers in the Amount of ,$66,975.49 as Summarized in Report; c. Approved Notice of Completion for Construction of ADA Curb Ramps, Phase 3, Specification No. 99-03; d. Authorized Execution of Amendment No. 3 to the Service Agreement for Juvenile Work Program at Ukiah Solid Waste Disposal Site; e. Adopted Ordinance No. 1021 Amending City of Ukiah Code Section 2605 - Area of District, Modifying the Boundaries of the City of Ukiah Downtown Parking and Business Improvement District; , f. Rejected Claim for Damages Received From Crawford s VCt~ili.and ~'~'ed to Joint Powers Authority, Redwood Empire Municipal Insurance g. Approved Lease With Mark Ashiku for a Portion of...~i~:.Ukia~i!i!~i~l Airport for the Construction of a Single Aircraft Storage Hanger:..~iiiii?~ ......... The motion carried by the following roll call vote: ~ES: Baldwin, and Mayor aastin. NOES: None. ABST~i~!i!i~i'""'""i~i ABSENT: '~~i~mber 6:50 p.m.-Councilmember Ashiku returned to.~:"m~i~iiiiiiili!iiii~,, 7. AUDIENCE COMMENTS ON NON-AGEN!~!!i~MS No one came forward to address the Co..~ii?::~iiiiiii!iiii!iiiiiiiiiiiiiiiiiiiiiiiiiiiiii~!!!i?:i?:~ ..... ~ii!!!i!i!iiii~ 9a. Council Approval of ~lutio!!!i!ii!iiii~akincl:~iii!ii~:~ointments to the Airport Commission and the .P...:.!~i~in(~ ~missio~!ii? Councilmember Ashiku dr~!!iii~ttent~.~i!ii~ the..~.:~ber of qualified applicants for the Planning C~mmission v.a..~~ and ~~.J.:~!g?{he idea of increasing the Planning Commiss~ii~r.:..-om five .~t~i!i~~. m e m b~iiiiiii!iiiiiiii!ili!ii? Discussi~i~.~~::..con~i~ii~:p. rocess of amending the Ordinance to increase the Planning Co~i~&~!i~.r:.om fiV':~i!!~~~ to seven members. Having each Councilmember appoint a P.!....a..~~iii~iissi0~i~~s also discussed. MIS A.s.~:~/Baldwin~~~!ii Judy Pruden to the Planning Commission, carried by the foiling roll call vot~ii?~S: Councilmembers Baldwin, Ashiku, and Mayor Mastin. N~: Councilmemb~ ~'mith and Libby. ABSENT: None. ABSTAIN: None. ~~...cilmember.s...ili~ith and Libby expressed a need to see a change in the Planning M !ii i : mith Nominating Alien Rogina to the Airport Commission, carried by the following roll call vote: AYES: Councilmembers Smith, Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSENT: None. ABSTAIN- None. July 7, 1999 Page 3 of 14 9b. Authorize the Mayor to Execute Exhibit A. Revision 2 to Contract 92-SAO 20058 Between the City_ of Ukiah and the Western Area Power Administration Public Utilities Director Barnes reported that in 1996 the City of Ukiah entered into an agreement with the Western Area Power Administration to reduce the City's Contract Rate of Delivery from 8.773 megawatts to 4.917 megawatts. As a consideration of this reduction, the City of Ukiah has first call on any excess energy available from Western and now has the right to call back the reduction by giving Western notice. This will allow the City the opportunity to sell geothermal energy. The City will replace the geothermal energy by calling back its lay-off to Western resulting in a savings to the C:~..of Ukiah of approximately $120,000 during the July to December time perio..d~::.. He .~'sed that the savings will be a reduction in the purchase cost that we pay N~~Diii~lifornia Power Agency (NCPA) and will reflect a smaller power bill. Councilmember Ashiku commended Mr. aarnesi::i~' runnin.g.'iii~;'::~i~!ii~t, ility business, and through his efforts the City may achie~ii~arke..tili~':'~he MIS Ashiku/Smith authorizing the Mayor to Execut~i?~~ii~ Revision 2 to":~":~:~itract 92- SAO-20058 between the City of Ukiah and the West~i!~i~er Administration, carried by the following roll call vote: AYES: Councilmemb~ S~j~!!!!ii~,::..aaldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: Sa. Adoption of Resolution Rev!~:~ Capj~i!ii~~e~nt Fees for the Air~oi-~ Industrial Park (ALP) - Cont!~**:~'ed fro~i~Jun~::ii!~iiiii~i~§:~ - Public Works Director Kenned~ii~ii3orted~ii~at the Hearing has been continued from the June 16, 1999 City.:~ii~cil .m.'~'ting..H..~?introduced Steve Weinberger of Whitlo, ck & Weinberger W-Tr~ii~o h~ii~....een r..~nsible for the completion of several repons tha.t::..they prepa[d~, i~i?supporf.'..:!!i~iiii~~i~::"lmprovement Fees as well as other projects .f...~!i~.'e...City. ~iiiii~berger i~iii~ii~i~'rt traffic engineer. He adviS;~!i~ii!~,is p ':r~i.~i~iii~ili.r.::evisioni! to the Capital Improvement Fees, which are currently im~~iii~!ii..¥:acani'::~~j~!ii~f land within the Airport Industrial Park upon their developmen.t...,.i?:::~i~:.....~i~d th~ii~:daries of the Airport Industrial Park, which consists of three ..P.:..~¥~:~'~?:~iii~~od B~siness Park, Airport Business Park, and the Norgard Viney~:i" He explai~i~!ili~ Capital Improvement Fees are used to pay for proposed imp.r.:~ments to three '~.~~ions which will be impacted by development within the Park as~i~cribed in the E~ir~':'~mental Impact Report, prepared for the Redwood Business P~i, and the Airpo~iii]~usiness Park. Due to changed conditions, circumstances, and ~eering assu~ns, it is his recommendation that it is necessary to revise the current ~~ii::~ .p....r..o..y~{ Fee Schedule. He identified and discussed the five major changes: {i!iiii~i!~ii~i~ening of malmage Road from the Highway 101 southbound off ramp to .... ~:'~'~~iiii~'rk Blvd. 2. Issues subject to compromise for the purpose of the settling of a legal dispute. He explained that Gary Ackerstrom has filed a Petition to a Writ of Mandate with the Mendocino County Superior Court and litigation is pending the outcome of this Public July 7, 1999 Page 4 of 14 Hearing. 3. More detailed analysis of developable lands within the Airport Business Park. 4. The City has completed a portion of Mitigation 2, as described on page 46 of the Redwood Business Park EIR. At a cost of $5,616, the City completed the signalization work necessary to create a second left turn lane on northbound Airport Park Boulevard. 5. Complete development within the Airport Industrial Park to occur in the year 2004 in lieu of the previous assumption of the year 2002. He continued with detailed discussion of each item and explained recommendations of Caltrans, Mr. Ackerstrom's concerns, and staff's analysis. Discussion followed concerning the proposed widening Street and the City's proposal to acquire the Lanz p~ accommodate the proposed widening. He discu: analysis of the property and in consideration of entire parcel be acquired and the existing structure is needed in order to assess the current proposal to He discussed acquisition cost, the estimated contingencies involved in determining the future ~h at 11 the a at South State Street..:.l:B:' reco Addit ly a portion of ~nts ~rty. n ~ property. and other He explained that since the inception of Fee, fees from five projects have been Improvement Fees are adopted, the respective developers. Interest on t Improvement .... If the revised Capital to be refunded to the also been included in the amount refundable. He explai.~?:'that t~?law the City to reimburse the developers their money, includ.:~i~:i!ii~:teres..t.:i!!!ii? ..... ~..~.:.:.~::~:? rewsed .:~esolutlon w..~§ ~:;.str~bute~iiiii!~i!ii::~......o.....BD.'.c.-ll in which Mr. Kennedy discussed C°rresP'~~iii~ive~~i!i~r..-::~i!i~ckerstrom was discussed as it relates to the project. C°nsiderab'~ili~~i:Pn f0i:i~i~erning traffic counts in the Airport Business Park area, which in~~ii~!~age':R:~d.'.'iii~'nd the saturation flow rate of 800 vehicles per day utilized in ~e~ili~ii!i!~iii~j~ cal~i~tions for the Hastings and State intersection. It was his opin..~::{hat the P:~~i!ii~:~:submitted to Council cuts the estimated dollar amount too cios~i::~:d recommend~i~~il direct staff to calculate other estimates, make necessary mo..~i!~,ations, do not i~l~ mark up of land acquisition, set aside funds for legal fees, a~!ii~ake an allowa~ for relocation expenses. !~ii!i~!Sponse to an .i~iry by Councilrnember Baldwin if $15,450 is sufficient to create ~~.:...west bB~!~ii~ne from Highway 101 to Airport Park Boulevard on Talmage Road, M~iii~~!i!~:~sed that this money is designated for the traffic signal loops. Co~[~J~i~;rnber Baldwin drew attention to the Hastings Avenue land acquisition and related costs of $3,300, as noted on page 6 of the Staff Report, whereas on page 4 it denotes a cost of $6,000. Mr. Kennedy explained that $6,000 relates to the cost of land July 7, 1999 Page 5 of 14 and $3,300 relates to legal fees and associated costs. Public Hearing Opened: 7:50 p.m. Gary Ackerstrom, representing Redwood Business Park, advised that the current Capital Improvement Fee prompted him to file suit. He explained that the biggest problem concerning the fees relates to Hastings Avenue and the consultant's calculations of the Level of Service (LOS). He discussed this in detail. When the LOS at Hastings Avenue was calculated, it was given a capacity of 800. He discussed the proposa.[~ii~ adding an additional lane, and noted that instead of revising the 800 calculat:~..n an.dii~grading it to 1700, which was used on other intersections, it was left:at 800..:~ii~i~ii!~is represented an error which caused a need to add two more lane...:~!ii~Bd re~i~!i!i~uiring the Lanz property. By not changing the 800 to 1700 due to into a half million dollar error. He discussed the Talmage Road/Airport Park aoul~~iii.i.~!~:section. H~'::~~ii~'itrans concern with west bound traffic on Talmage Roa(Jlii~~:..with south bou'~'~i' traffic on Highway 101 at the Talmage off ramp, prior to getti..n..~i!~ii~iii~::..hand turn lane at Airport Park Boulevard. He expressed concern that if t~ic i'~ii~ii~::i~.:t:.O progress in a widen stream to Airport Park Boulevard, it would be r.e[nir, oducin~iiii~"~!~e motion as existed prior to Talmage Road being reconfigured::~iiiiiiii~!i~iiii~b..asing c;~ii!~ii~ii~nal is adjusted, an achievement of LOS "C" can be obtaine..d, liiii~i~i~ili~iil-'.:..~angeS~iii~:~'Configuration. This is one of the reasons why he felt the me......:.r:...~:':'iane .~~iiii~i~i~)ital Improvement Fee is advantageous to that which is being E~&Posed..:~/~' Ta'J::~iii~:ad. He also expressed his concern with including some of.:th~?~ngine~:ing fee.~iiii~=~' studies, which were flawed, causing him to file the law sui.~ii!i!iiii~~ note?.d..iiii.[hat the...~t traffic study was #6, the current proposal is version #9, and fe~i!ii~i~'S still ~?corre~i!iii? Conside~iiii~i~:.ssior~::~?:¥~i~~ii?:.:...:c. oncerning the current Capital Improvement Fees compared to'"'~i~~.ed fe&~!ilili~!ili~nnedy summarized that there are unknown factors concerning .i.~~~~:..!mpr~~:hts necessary for the build out of Airport Business Park. He:~:::~f::t~ii~i~i~:~:.that ~:"the last few projects were built in the Park, there may be incr..:~ed traffic":~~~:, to what was estimated, resulting in more delays at the imp~ intersection. '~!~ii~:~sed that the law requires that if you build a project and have fe~ii~maining, you m~ r~imburse those fees to the current property owner, plus interest. U:...~unately, the rey~i:se is not true. His biggest fear is that if the City under estimates ~ii~S.. less fees th~~at is needed, it cannot go back and reassess the property owner. ~!!!~~i!i~i?i~::"inquiry by Councilmember Baldwin concerning the relevance to the ui~;.: '~i~iiiii~i~'Ut in relation to what the City will have to construct anyway, Mr. Kennedy explained that if the area builds out sooner and completes all the improvements, the City will not have enough money. We need to wait until the year 2004 for the build out to be complete because we also need to accumulate $320,000 and its interest earned. The July 7, 1999 Page 6 of 14 objective is to have enough money accumulated when the Park is built out to complete the necessary improvements. There was discussion conceming many unknown cost factors related to the infrastructure of the streets involved in this matter. The matter of property acquisition and related costs was discussed at length. Caltrans recommendations related to the Wal-Mart EIR was also discussed. City Attomey Rapport advised that the City cannot use the off site Ca Fee to pay for improvements necessary after the built out occurs, establish assessment districts. It is a different type of imposition and collected through the property taxes. The assessrr protest and noted there are difficult procedures in,'. Once and the capital improvement fees in affect at the cannot go back and require the developer to pay fees time the Building Permit is issued. .~nt ~ City could the property by a majority constru( Discussion ensued concerning the impact on short of the actual cost for infrastructure im project assessment fall Steve Weinberger, consultant with Whitlo~ impact fees for other cities and advised comparison. He discussed his traffic.::~']ys~s discussed the project are Iow in concerning traffic trip counts. In discussion with Cou.n..'~il'membe~', information related to the Hastings Avenue improvements::~i~ exp~'i'on, his opinion that the Talmage Road/Airport Park ~i~ard ..:i~i~rsectio ted costs should be more conservative. He was of the oE~!~n that.~!!!~i~thout .a...~i:luate circulation, it would make the shopping center in Airpor:t:~i~BLi~ess P~iliJ~ss::~at.'~:tive. City A~~iiii~pp6i~ii~~~ized ~!iiiiii~!~:~edy's concerns with the proposal before Council ~~iii!....he a~~i~~..ney that is included for land acquisition, and whether the City wo~i:la!?~~!il.a., two I'~ii~ii~.e lane project. The other issue of concern is that Mr. Kennedy...::~i~i!~. are ::~~j~:i~ent funds for land acquisition and related costs. H°wever,.::::~i~i~ii~iiii~iii~i~ce ~i~°re Council on which to base a different figure. He concu~!ii~ith Mr. ~~ii~ili...'that there is a potential for severance damage claims. He also~..d.'J!~:~:ussed legal ~i!!~l related expenses, noting that the cost depends on the am~t of opposition ~:....~ i~ project. He discussed the full condemnation process and n~ that additiona[:::~nds should be allocated. On the other hand, if the proposal is ~~. negotiation,...:~"costs proposed could be adequate. ~~iiii~ii~i~ntinued their discussion related to the City Attorney's observations M/S Ashiku/Smith to refer the matter back to staff with direction to examine the concept of severance fees and fees associated with the land acquisition on Hastings Avenue, for July 7, 1999 Page 7 of 14 further analysis only, and for staff to provide a revised schedule. There was discussion of whether to continue the matter. City Attorney Rapport advised if the only revision to the proposal presented to Council at this hearing involves revising the estimate for land acquisition costs and legal fees, in order to obtain additional information to support a reliable figure, it was his opinion that the Public Hearing could be continued and allow the additional evidence to be presented at that time. . ...... .;;:.'.,::'.:::.. Public Works Director Kennedy explained that he would lik~iiiii~iii~k with the City Attorney concerning the matter. Mr. Rapport was of the~ion t~!~i~=:appraisal would not be needed, however, staff may want to consult wi.t..~ii~:"~apprai.~:......~ii~~i.ng a revisit' to. the proposal of only taking a strip of the land,a~:'how .............. he ~'iCi:~~{{~i~eve..r..~:" clamages in that case. MIS AshikulSmith amending previous Motion to ;~~ii.;the Public Heari'~:;::[~ August 4, 1999 and directing Staff to provide additional info~~ii?~ to return to Council with a revised estimate, carried by the following roll cai~!ii~:~)te:;!;i:~i~~ii~..o, uncilmembers~ Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NQES;~..None."::~i~~i;~. None. ABSTAIN: Bb. Consideration of Pro~i;'~ .... Re~tion t~ii!~ertain Landfill Tipping Fees an~! AdoPtion of Resol~&~?:Revisi~iii~~:°f Resolution No. 99-06 Pertaininn t0:.~:~{~'~na Feesii~~d for ~~~d and Loose Refuse Delivered to thTc Public V~~i!ii~tor ~~iiii~..e...ported that staff is proposing a reduction in tipping fees at the ~~iiiili~iii~[.eflec'i~!!~i{~~ion in the aendocino Solid Waste Management Authority'..S.,...(M~~~ili!]W..char~i!i!ii!!!!~ffective July 1, 1999, the City is seeing its second reductio.n..iiiiiiii~:~::{J~i'~'"':'~~~::sinc~" July 1, 1998. Subsequent to the first reduction, all tippingiii~s charged':¥~ili~{~' landfilled at the Ukiah Landfill were reduced according!y ex~:for the commer~i~pacted rate of $63.00 per ton charged to the City of Ukiah s fr~ised collector a~?th~' loose rate of $12.65 per cubic yard charged to all customers ~!~ the "old servic..e...'ii!~'re." He reviewed tipping fees, compacted rates, and reduction in !iii.'.d. uring the p.a..~i?"three years. He recommended that the adjusted tipping fees be ~i~:,:.:....o..n....,.:.::~~t 1, 1999, in order t,o, fa,,cilitate billing cycles. He ref,e, rred,,to a i~~!i~:....'~ili{~e Resolution, paragraph B6 which should read $12.50 per yard, not Public Hearing Opened: 8:52 p.m. July 7, 1999 Page 8 of 14 No comments received. Public Hearing Closed: 8:52 p.m. MIS Baldwin/Ashiku adopting Resolution No. 2000-O1 revising portions of Resolution No. 99-06 pertaining to Tipping Fees charged for compacted and loose refuse delivered to the Ukiah Landfill. In response to an inquiry by Councilmember Libby if the reduction is..:~uivalent to approximately $10,000 per year, Mr. Kennedy responded affirmativ..:~!y a .rt.d..ili~Plained that the reduction is to the City's hauler on an average of 10,0...:...00 tons,:~iii~?~y Solid Waste Motion carried by the following roll call vote: A~i~: Cou.~i~e~~iiii~:t..h,~..~,' Baldwin, Ashiku, and Mayor Mastin. NOES: Uon~iii!iiilABSEN~'~: None. '"~~~iii~"~)ne 8c. Adoption of Resolution Establishin(:l thei::!~~i~?..,f Fees and Rates for Garbage and Recycling Collection S~ice;:!::ii~iiiii~i~!~l~ to Garbage an~! Recvcling Collection Service Aoreement~:: and ~::~'~~i!i~Pavment to Soli,~ Assistant City Manager Flad explainediii~i~:~:~:~iiii~~::.betw":~ the City of Ukiah and the Solid Wastes Systems calls for ~'matic:~i""~i~iii~~ii!~;3r Consumer Price Index (CPI) increases, based on 75% of the!i~:PI incr. e~e e~ii~:'~i:"in addition to a rate review every three years. It has now be~iii~hree y.....~!~:s sinceiii~e last rate review. City staff and two Councilmembers have bee~i~iing ~:"Jim S .a...!~'rs and John Warren over the past six months reviewing their financial audii::~i~!~::Cit's .............. rations, and the o erations ' ...... ~:~:~:~:~:~:: ===================== ....... Y ....... ~i~ - p of Solid Waste Sy~:t.:~.ms. A re~.~ndatio~ilili~iiiii~i??~i~ii.~B% increase of both residential and commer~iiii~::~..,e.s was~ii~~nded ~ili~iiii~otiation team. Additionally, a lump sum in the ~~ii~i~:..71,3~i~iii~::~..¢:.ecom~nded to be paid to Solid Waste Systems as a one-time I~~i!ii?~:.t. aff iS'::~a~ii~gsting authorization to begin a Pilot Program for the commercial "~iii~iii~ess {'~iiii~!iii~n over by Solid Waste Systems. He discussed consumer u...S....e.,::ii~i~~~ii~ns ~ii~"e increased trend to recycle more. He provided an overvie~:.i~ii~:~'"l~'~~~i'i~:a, se"i~q garbage and recycling service rates. The proposed rate a~ja§tment and p~tii~ve been determined,to be an essential and equita.b, le way of a.~{~'g all customer~ili~iiii~:~'e in meeting the City s contractual obligation with it s solid w~:'collection servi~iii~rc~:~/ider, and in managing the issues of escalated solid waste and r~ling costs. He r~:0rted that residential and commercial rates within Ukiah remain the !~~..in the Cou~'....~ii~:;qd well below the County-wide average collection rate. He advise, d imp.,.,.o. se. diii~bris box increase is recommended in order to cover the contractor s ~~.'~ii~ii!~erating costs He recommended that a 2 98% increase be made to re~i~6~F~:hd commercial garbage and recycling collection rates effective July 18, 1999, ~n addition to a payment to Solid Wastes Systems, Inc., from the Disposal Site Operations Fund in the amount of $71,373.52. He discussed the matter. He discussed rate reduction components and rate corrections. July 7, 1999 Page 9 of 14 City Manager Horsley commended staff for their research and the development of solutions on the matter. With regard to the Pilot Program for billing services, she felt customers will find a more immediate response to their complaints and concerns under the Pilot Program. Public Hearing Opened: 9:02 p.m. No comments received. Public Hearing Closed: 9:02 p.m. Discussion of the contract and anal sis followed St~ii~nd C ':iiiiiii~iliiii!iiiiiiii!i!::iiiiiiiiiiiiiiiii" 'ewed ' ' Y · . ............... ::i::i.... .... ~!i!i~L. the Clty....S billing system with regard to garbage collection a~iiii6~nefits ~!!i~~".:..~. service. response to an inquiry by Councilmember Libby c~rning ~!!ii:~~i~.~::jn do.t~, Mr. Elton advised that the CPI of 2.33% generate~i!~:,486 ~"month. "~ii~~::"the pro,ss used to dete~ine that amount. He advise~~?~ranchise an~j~:~:~ee of .7% amounts to $1,047.54, and the 1.36% Thi~~Eenewed Rate '~'mounts to $2,035.08. The 1.41% will be subtracted, amount!.~{~~. It was noted that these figures also reflect the Tipping Fee reduction. T~{otal'~=~~?~400.61. MIS AshikulSmith Adopting Resolution N.e~~::establi;~~;~ schedule of Fees and Rates for Garbage and Recycling Co~[~~~S..for t~?:~"999/2000 Fis~l Year; establishing a Pilot Program for Solid:~'stes ~~~i~tration of the Billing and Collection of Commercial Accounts~uthori~:~ a"~~:: payment to Solid Wastes Systems; authorize payment in t~~ount.:&~?$71,37.~':':~o Solid Wastes Systems, Inc. from the Disposal Site Operatio~hd (F~ No. ~:~?:and to authorize the City Manager and City Attorney to revise th~ntract~h Solid~astes Systems, Inc., establishing a pilot program for Solid ~as~ Syste~~~{~ation of the billing and collection for ~mmerq~~unts; ~~:the foll~~i~:~ll vote: AYES: Councilmembers Smith, aaldwi~~~:.and"~~~.tin. ~'~:~: Councilmember Libby. ABSENT: None. Councilme~~~~ed {~?~ecord that a vote for an increase in garbage rates would b.~:~:~0te'¥~~~:~se ~h the Franchise and Billing Fee, which she objected. There~, she ~st ~~::~::~e on the Motion. ~. ~oroval of ~ of Communi~ Development Commission {Fund ~335) Monie= ~:~:~:~:~ Low In~st Housing Loans and Corresponding Budget Amendment ~!~E?~M~g~~get O~cer Harris discussed the proposal from Rural Communities ~~~~ment Co~oration (RCHDC) for use of Fund ~335. Money in this fund are re~:~~"~or rehabilitation loans which were originally secured through a Community Development BI~ Grant Program (CDBG) in the 1980's. In 1997, RCHDC was granted a $106,000 loan to help with prope~y purchase and infrastructure improvements on the Doolan Creek Project. That was a ~o-year loan which is to be repaid this year. After July 7, 1999 Page 10 of 14 repayment of the loan, RCHDC would like to utilize $80,000 for second loans to the same home owners in that project to further assist them to qualify for the Federal Housing and Urban Development Department (HUD) funds that are part of this project. The use of funds in that matter are very consistent with the reuse requirements for CDBG. He discussed the loan payments, interest rate, the criteria for qualification, and the terms of the loan. Because staff did not know the specifics of the proposal when the Fiscal Year Budget 1999/2000 was approved, he is recommending a Budget Amendment, and noted that the Revenue should be $109,180 instead of $80,000 which is noted in the Staff Report recommendation. He advised that there is still a considerable fund.~i~balance to ..::::::.::i:.:::' accommodate the proposal. No General Fund monies are involv?e.d witb~lS proposal. In response to an inquiry by Councilmeaber Baldwin ~min~!~iii~.strictions on the loans, Mr. Dwayne Hill, Executive Director of RCHD~ili~:!~'~/ised ~ii~ii~?ilies can s.e.-"i~l' their home any time they want, to whomever and at ~::'price U.S. Department of Agriculture (USDA) takes ba~iii~, portio..~i!~ the makes from the sale of the home in order to repa~ii~iii::~rnment sub~:i~!i!~" other costs which the government has invested in the d~i~~nt: .................. In response to an inquiry by Councilmember Lib~:"c;~~i~i!~e! balance in the fund once the loan payment is made, Mr. Harris ad..v:i.Sed that '~!!i~~ be approximately $60,000 remaining in the fund. He advise.~ii::~iiii~ili~.dition i~iii~~C's loan, there are some minor individual loans which ar..e.:iiiii~i~!ii~~iii?:~s re~i~i:itation loans, totaling approximately $4,000 annually .... ?:i!i!? ...... MIS LibbylAshiku approving use..:~ii~!~'09,18.~i~ Fund ~§~°r Low and Moderate Income Housing Loans, authorize Cit~!iiii~hager....:iiiii~ execu, l:~?necessary loan documents, and approve amendment to 1999/~ii~dget i~asing..:~enue Accounts 335.0700.503.XXX calland Expend[ture~v~te~:~!::i~..E....~:Acc~unt~:..3.~5!~~...~.......~::`~.:~.:~ 10.680.~ilb~i~i:~000 each, carried by the following roll Coq~!~persa, nS~i~i!iiii~, Baldwin, Ashiku, and Mayor Mastin. 9d Rdo~i~i!~i!~.esol~:~i~iiii~iiii~bo oft of the" ai C tiff · - '.-..::~::.:.:.:.:;::.~.:.~:~.:.;:.;~ .......... ~ ...... ..:::.:.:.:~:.~.:.~...:.:.;:.;~.,. ..... P F r ompe on and TaxDave~ Savi na.s:"ii~iii|~.tiative "~ili!Ee(~i s lati on - - Public ~~:~:::~~~iiii~8.ned'~?adv~sed that the Taxpayers for Fair Competition are asking..~i~" City to su~i~!~ii.~ntinued battle against the Public Engineers in California Gov '"'~ent (PECG). ~?:~i:~ular concern to cities, counties, and special districts is that it ::~ld roll over int~ii!!i~h~'r projects that utilize Gas Tax Funds. He expressed his o~:sition to State~:~i~gineers designing the City's projects. He discussed a recent -S.:'~me Court .r.:~.i.i~g that the California State Constitution does not allow state ~~~:..n....t.....t.9~:~{~act with private design firms to do state projects. Taxpayers for Fair C~~~iii~::'attempting to change the Supreme Court opinion by either laws or the in:i{i~J~!i!i~:~ss. By adopting the letter of support, Council would be indicating their supportive of "The Fair Competition and Taxpayers Savings Act" and it would authorize the Director of Public Works/City Engineer to sign the letter of support and to act as the City's contact person concerning the pending initiative and legislation. July 7, 1999 Page 11 of 14 MIS AshikulLibby adopting Resolution No. 2000-03 in support of "The Fair competition and Taxpayers Savings Act" initiative and legislation. Councilmember Baldwin expressed his dismay at not receiving information concerning both sides of the issue. For that reason, he will abstain from voting on the matter. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: Councilmember Baldwin. .-:'~ .... .:ii:. .-::i:i:i:i:i::" ,....,... ..::::::::::::*' ...::i:i:i:i:!::, .-::i:i:i:i:F" 9e. Adoption of Resolution Ar)Drovinc~ Administerinc~ A~¢:v.'.'iiiiii[~:" State Master Aor~ement for Federal-Aid P~'oiects~ and AD~e I~u~{!!!~endment in the Public Works Director Kennedy advised that last ~r the C..i,.t.~iii~f that its candidate project for federal funding unde(i~...e.. Program of the Federal Highway Transportation!~i!~iii!~'' selected for ":~i~:" in the 1999/2000 program year. The City's candidate H~!i!~~. is the Traffic Signalization Upgrade for the Gobbi Street and State Street in.t.~~~iiiili?~iEunding in the amount of $212,000 for preliminary engineering design and:~::i~:~pe~ii~i~iii!,pproved by the state. Authorization to proceed with the prelimina~::~:e...~g[neerin~i~!!~~iiiii~.as been given and federal funds up to a maximum of $18,500 for rei:~~ment for this phase of the work. Ua requested a Budget unt q ii;:- 512,000 and explained that he did not include the amount in t.h~:?~ 999/2:.:.0'0~.ii~~i!i!i~!~!~ noted that the project is 100% federally funded. .~ii~? ..::iiii? ...... ~:!i!ili?~?~iii~iiii??~i~iiiiiii~iiii? MIS Baldwin/Smith adopting..:,~lutio~i!i!i~:°. 200.~'"'~4 approving and authorizing the execution of the Administe~j~....."~::'' Agen.,~tate..:~::~eement for Federal-Aid Projects, Agreement.::~:0. 01-5049; ~.. ~roving:i~~~'S to the 1999/2000 budget increasing revenue ~.,:n..t No. 2..~i~i~88.01, ~ii~~diture Account No. 250.9815.800.01 by $212,0~iii~iii!ili::::~ .... "~::~iiiiiiiii.i.!ili!.iii!i!ii!iiiiiiiiiiiiiiiiii!.iii.~ ..... "~':~ Discussion::~¥~ii~i~ii~.0nce'~i~iiii!~}i!isteps which need to be taken in order to receive vo e: Councilmembers Smith, Libby, Bald~i~, Ashiku, and ~~iii~astin. NOES: None. ABSENT: None. ABSTAIN: None. 9:..~ii!~prove Sole S~ce Procurement and Award Construction Contract to URETEK ,i!iiiiiiiiiiiiBSA. Inc.. For.~"Completion of the Repair to State Street at a Compensation Not ~i~iiiiii~~?:~birector Kennedy advised that Staff is requesting a Sole Source P~=~**'=~~ and the award of a construction contract to Uretek USA, Inc. For the completion of the repair work to State Street from Henry Street to Low Gap Road. It is proposed that the undersealment not completed in the previous work be performed on a time and expense basis not to exceed $25,550 utilizing the unit prices of $6.40 per pound July 7, 1999 Page 12 of 14 of URETEK undersealment polyurethane and $595 per day for traffic control. He described the process involved to complete the project. An estimated $26,000 of undersealing remains to be completed, which is included in the current budget. Discussion followed concerning the process of filling in cavities under the roadway· MIS Ashiku/Baldwin approving Sole Source Procurement and award construction contract to Uretek USA, Inc., for the completion of the repair to State Street at a compensation not to exceed $26,000 · ;-:.:.:-:-.~:. ..::i:i:i:i'-.:::" ::~ii., "::::::::::::" ..... ..::::::::::::" ..;.:.;.:.:.:.. In response to an inquiry by Councilmember Libby ....concernj~ii~'tiating with the contractor on the project to reduce the cost, Mr. Ke~y a~i~ili~..t...he returned to Council twice to receive approval for additional fu.~i~::~or the ~~!iiiii~..was able.:~' obtain the lower price for the project. He discussed.'ii~affic co~!i:"p'~~~:..a, nd .~'d that by having the contractor provide traffic cont i ,:..it fre....e..~i!~i{'he of utilizing existing staff for the project when they are '~...e..~i~:isewhere. H(~:~i~i~!~:;ed the contractor's work hours to acc, ommodate businesses'?~i!ii~!~!!~i~:::!nsurance and '~';~'~er issues .,:.:.:.:.:-' t;::::::::::::::::::;:,....,....,..,..,...,...,.,. ..:.:.:.:.:.: - =================================================== "::i~? =================================================== -,:.:.:.:,:.:.:.:,:.:.:.:.:.:.:.:.:,;.:.:o:.:.:.:.. Motion carried by the following roll call vot..e..~:~:..:~.ES: C~'~i!~bers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES=.-!ii~ii?~BSENT!:~!~:i''' ABSTAIN: None. 9g. AoDroval of Employment A~'emen~ii!~:~i~?~n~iii Employees for ~taff R~ention Throuah Schedul~!~ Closu~:.~'' Da~:~!~!i~h Landfill City Manager Horsley ad-vised t~i~ ma~!!i~ sche i: :a?for Closed Session, however, Council has the option to res.0.....!~i~ithe m~[.t.'~r at this..?:i~i"tne. She advised that there are at least seven employees invol~i? .... .:~iiiiiiiii:iiill .... ?:!i?~? .... ======================= ..;.::::::::::::r' ..:::., ii!iiiii~iii:: =========================== ..... ~-:::::::::::::::: ..::~:...:ii~...., ~:~-:.:.:~::, ~:...'~' . ................................................ MIS Ash..:i~~!,dwin ~~':........~!~?:~.Employ~ii~:i:eement with Landfill Employees, carried by the f~!~~ii~!:! call'"~iii~~: Cour~'~'ilmembers Smith, Libby, Baldwin, Ashiku, and Mayor M,~:~i~ili::i:::~i~ES: N(~'"':~!i~ii~A~ENT: None. ABSTAIN: None :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... '-::i~i~i~i!iii~iii~i~i~i~:..:i~i~:.~i~i!:...'iii~i~i~:~ .... ..... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... -+ :.:.:.:,:.:.:.:.:..: :,:.:.:,:.:.:.:,.. 9h. App.r...O:y~i!i~?!~!~...ment'~~ment between Redwood Business Park and the ..:;:;:;:::~ :::::::::::::::::::::::::::::::::::::::::::::::::: No act~ taken. .-.-.,.....- ,:.:-:.:.:-:.:.:.:,:.:.:.:,:.:.:*:c,:.:.:.' ..:::::::::;-' ':::::::::::::.:.:.:.:.:.:.:.:.:.:.:.:.. ..... :" ....... ..::::::::::::. ..:!~ii:':.!~iiii:' :i:i:i:!:i: "::i:i::' l~i!ii!i!i!i?: CITY COUNClE~?RE'PORTS ..... ~cilmember S~ reported attending the meeting of the Main Street Program on July .:i.'iii!ii~i~9 and they ..a.,~!i~thrilled with their agreement with the City. They are proceeding with ~!~:~:~:~..f....~!i~~ing a new Executive Director. The Treasurer's Report indicated a net i~~iiii~iiii~i~';4.74 for the year ending July 1, 1999. ....... ~i~ii~?::~i::i!i::::'.:;-ii~i~i~.:.::i .......... Councilmember Libby reported attending the Ukiah Unified School District Site Committee meeting and Assemblywoman Virginia Strom-Martin was in attendance. They are continuing their pursuit of funding for the school site. She also attended a presentation July 7, 1999 Page 13 of 14 of awards and reception hosted by Senator Chesbro for students in Mendocino County who were picked to go to an art academy. Councilmember Baldwin had nothing to report. Councilmember Ashiku had nothing to report. Mayor Mastin reported that he also received a invitation to the awards presentation that Councilmember Libby attended. He also attended the School Site Committeeiii'.meeting but left when he realized there was a quorum of Councilmembers pre~,..n..t..H....~i~l:~cussed the Commission Appreciation event at Todd Grove Park.. which.:~i~::i~::~j~)yed by those City Manager Horsley reported that Kristy Kelly ~i~:...t. hrill~ii~:at Cou~!~iii~ii~i~t to pursue the flag project and to allocate that money to~i!i~'munity based~::6~~ations. 9:45 Adjourned to closed session. 12. CLOSED SESSION .............. i~i~i~i~i~.:.:~i~..'.:!~!~i~i~ .... .... · ..:;::i:i:~:~:~:i:i:i:i:i:i:i:i:~::. a. G.C..~54957.6-Conference Negotiator: Candace Hors!.:~i!~ No action taken. .:~ii}~?' b. G.C, §54957,6- Con.f.:~Ce W.!~:Labor?,....~(i0tiat°r- ..;.,.... ...... ..:.:.:.:.. Employee Unit: Poli~ii~:it Negotiator: Canda y:~:: .... .......,:.... .:.:.:.:.:.:.:..-.:.:.:.:.. .......... ..................... ::~:~:~:~:~:~:~fe re n c~?i~ii~i[~bo r Ne(:lotiator Matter discu~ili!ii~ii~....en se'~i~iii!!i~ #9g. d. G,C~iii~~!~i.-~!{1)":~ii~feren(:e With Legal Counsel Regarding Litigation - .::~i::i~;:ii~i~i~i~'- E~'isting 2 matters: ...... ............ ;.17I!I~ Redwood .... ~!~i?:~Park v. City of Ukiah, Mendocino County Superior Court .-~::ilili~!?:" Case No. 7~5:'ti~i~:!i~nd Redwood Business Park v. City of Ukiah, Mendocino .....-...-..,- ....... ...,.......... ..~ii~i~:i~::!:" County Sup io Court Case No. 77252 ................ ..':!?:i::i:? N~ii~tion taken · i:i:i:i:i:!:i:~:!:~:i:i:i ..::~,~:i:~::" ~~i!!~ii~ii~urther business, the meeting was adjourned at 11:40 p.m. .... Marie Ulvila, City Clerk July 7, 1999 Page 14 of 14 ITEM NO. DATE 6a Aug. 4, 1999 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JUNE 1999 Payments made during the month of June 1999, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers:15907-16090, 16216-16418 Payroll check numbers: 15779-15906, 16091-16215 Direct Deposit numbers: 5341-5517 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of June 1999. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements Ca~'dace ~Horsley, - AGENDA. VVPD/krs CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JUNE 1999 Demand Payments approved: Check No. 15907-15991, 15992-16090, 16216-16320, 16321.16418 FUNDS: 100 General Fund $107,249.76 110 Special General Fund 140 Park Development $2,044.13 142 National Science Foundation $1,900.00 143 N.E.H.1. Museum Grant $370.39 150 Civic Center Fund 203 H&S Education 11489(B)(2)(A1 $2,783.72 205 Sup Law Enforce. Srv. Fd (SLESF) $45.97 206 Community Oriented Policing $4,424.55 220 Parking Dist. #10per & Maint $476.93 230 Parking Dist #1 Revenue Fund 250 Special Revenue Fund $274.10 260 Downtown Business Improvement 303 Gas Tax Fund (2105) $2,257.77 332 Federal Emerg. Shelter Grant $12,052.56 333 Comm. Development Block Grant 340 SB325 Reimbursement Fund $17,866.19 410 Conference Center Fund $8,114.53 550 Lake Mendocino Bond 555 Lake Mendocino Bond Reserve 575 Garage $1,090.15 600 Airport $19,065.67 612 City/District Sewer $51,137.41 640 San Dist Revolving Fund 652 REDIP Sewer Enterprise Fund $21,160.51 PAYROLL CHECK NUMBERS 15779 - 15906 DIRECT DEPOSIT NUMBERS 5341 . 5429 PAYROLL PERIOD 5/16/1999 - 5/29/1999 PAYROLL CHECK NUMBERS 16091 - 16215 DIRECT DEPOSIT NUMBERS 5430 - 5517 PAYROLL PERIOD 5/30/1999 - 6/12/1999 VOID CHECKS NUMBERS None 660 Sanitary Disposal Site Fund 661 Sanitary Disposal Replace 665 Refuse/Debris Control 670 U.S.W. Billing & Collections 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 800 Electric 801 Electric Revenue Fund 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redev. Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR DEDUCTION CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $73,127.73 $3,757.63 $125,496.18 $576.92 $5,287.09 $12,528.73 $1,136.83 $5,228.25 $26,880.00 $459,127.01 $12,240.29 $46,119.48 $28,514.35 $1,431.56 $149,398.56 $380.01 $61.32 $281.07 $89,718.40 $1,293,605.75 $71,723.98 $184,833.01 $191,580.60 $1,741,743.34 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance Ow 0 I O0 ~).~- O~ 0 Z~ (DO ~0 Z 0 Z I D I ~.. 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Z Z ~ (..) . L~J Z L~ COq r-~l,i r~ AGENDA SUMMARY ITEM NO. 6b DATE' AUGUST 4, 1999 REPORT SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM DONN SAULSBURY, MENDOClNO BREWING COMPANY, DEBORAH LELAND, LINDA PETERSON, AND NICOLE VALLE, AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Donn Saulsbury was received by the City of Ukiah on July 2, 1999 and alleges damages related to a errant golf ball from the Golf Course on June 13, 1999 at 989 Dominican Way. The claim from Mendocino Brewing Company was received by the City of Ukiah on July 7, 1999 and alleges damages related to power spikes on June 27, 1999 at 1601 Airport Road. The claim from Deborah Leland was received by the City of Ukiah on July 16, 1999 and alleges damages related to a power surge on June 27, 1999 at 398 Washington Ave. The claim from Linda Peterson was received by the City of Ukiah on July 20, 1999 and alleges damages related to a power outage on July 11, 1999 at 39 Lorraine. The claim from Nicole Valle was received by the City of Ukiah on July 23, 1999 and alleges damages related to a power outage on July 12, 1999 at 355 Leslie St., Apt. 6. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claims for Damages received from Donn Saulsbury, Mendocino Brewing Company, Deborah Leland, Linda Peterson, and Nicole Valle; and Refer Them to the Joint Powers Authority, REMIF. ALTERNATIVE COUNCIL POLICY OPTIONS' Alternative action not advised by the City's Risk Manager. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: Yes Claimants Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager . 2. 3. 4. 5. Claim of Donn Saulsbury, pages 1-3. Claim of Mendocino Brewing Company, pages 4-7. Claim of Deborah Leland, pages 8-11. Claim of Linda Peterson, pages 12-13. Claim of Nicole Valle, pages 14-15. Candace Horsley, City nager mfh:asrcc99 0804CLAIM NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH . . CLAIMANT'S NAME: CLAIMANT'S ADDRESS: . Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box , City State Home Phone Number _ CITY OF UKIAH -- CITY CLERK'S DEPARTMENT f Zip Code Work Phone Number PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box City 4. DA TE OF THE ACCIDENT OR OCCURRENCE: 5. PLACE OF ACCIDENT OR OCCURRENCE: .q . . ( ) Telephone . State Zip Code GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (ARach additional page(s), if more space is needed) : ~ ~ ~[[ ~[~ ~F~ [ ~ ~C / NAME(S), ff known, ~JF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: WITNESS(ES), if known (opffonaO: .Name ~ A~~ ,. TeLephone .. K'~ ~. L~I~ ~, fl_ ~om~o~c~ ~%,, . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address b. Telephone 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it maylbe knqwn at the time of presentation of the c/aim: ~ (~ r'- ~ 0 (.P ~-~_ ~ I~ ~ · 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand do//ars (310,000) as of the date of ~ ' t)r~sentation of the c~aim, iincluding the estimated amount of any prospective injury, damage or loss, insofar i ... as it may be known, at the 'time of the presentation of the c/aim, together with the basis of computation of the · - ...... amount c/aimed (for'coMputation use #12 be/ow). However, if the amount c/aimed exceeds ten thousand dollars (310,000), no dollar amount shaft be included in the c/aim. However, it shall indicate whether the c/aim would be a limited civil case (CCP § 85)." Amount Claimed or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages loc Genera/damages: (_.~-o t's ~ oI-F-- ~Rll ~,~ b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: This c/aim must be signed by the claimant or by some person on his/her behalf. A c/aim relating to a cause of action for death or for injury to the person or to persona/properly or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. C/aims relating to any other causes of action shall be presented not later than one (1) yea~r affer accrual of tho cause of action. E 0]: CLA~ANT(S) Received in the Office of the City Clerk this day of ~ 19 ~~. NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 0 0 O I'I'Y OF UKIflH Ffl× NO. 7074636204 P, 02 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFO This claim must be presented, as prescrtbed by Parts 3 and4 of Division 3.6, of Title Stale of California, by the claimant or by a person ac~ing on his/her behalf. RETURN COMPLETED FORM TO: . CLAIMANT'S NAME: CLAIMANT'S ADDRESS: - cnw OF UKIAH At'tn: City Clerk 300 Seminary Avenue Ukiah, California 95482 , Number/Street and/or Post Office Box Government Code JUL 7 ]999 CITY OF UKIAH CITY CLERK'S DEPARTMENT c~ Slate Home Phone Number CO ~'p Code Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (If different from above): Name 4. DA TE OF THE ACCIDENT OR OCCURRENCE: ~ ~ Zip Code 6. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space Is needed: ..... ..:.- . .... , C..)n '7~-e ' ~ t/en~n ? ~'I' June >_'-7 · r - I ,. ' .e' " i -- ! 7. NAME(S), if *nown, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: WITNESS(ES), ff known (optional): Na tn e Address Teleph o n e b. '9. DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREATED: Natne Address b. Telephono -q- JL'L-01-99 THU 09:15 R/'I CITY OF UKIRH FR× NO, 7074636204 P, 03 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the claim: _ 11. 12. STATE THE AMOUNT CLAIMED if it totals/ess than ten thousand dollars ($10,000) as of the date of presentation of ~he claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be ;-hewn at the time of the presentation of Jhe claim, togeJher wi%h the basis of computation of the amount claimed (for computation use #12 be/ow). However, if the amount claimed exceeds ten thousand dollar= ($10, 000), no dollar amount shall be included, but you must indicate whether ~he ju/fsdiction over the claim would be in Municipal or Supedor Court. Amount C/aimed $_ /~ (3 5 G .. ~/// or Applicable Jurisdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages loc General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of eaming.~: Other prospective ~pecial damages: Prospective general damages: This claim must be signed by the claimant or by some person on his/her behalf. A claim relating ~o a cause of action for death or for injury to the person or to per=onal property or growing crops shall be presented not later than' six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other ca uses of action shall be presented not later than one (1) year after accrual of the cause of t~ction. NOTE: This form of claim is for your convenience only. Any other type of forrn maybe used ff desired, as long as it =ab'sties the requirements of the Government Code, The use of this form is not intended in any way to advise you of your legal righ~ or to interpret any law. ff you are In doubt regarding your legal rights or f~e interpretab'on of any law, you should seek legal counsel of your choice at your own expense. Rev. 311 8198 E r.. M ELECTRIC ~-- MACHINERY, INC. REMIT TO MAIN OFFICE BRANCH OFFICES 126 MILL STREET SAN FRANCISCO: (415) 495-5577 HEALDSBURG, CA 95448 MODESTO: (209) 527-5521 (707) 433-5S78 FRESNO: (209) 547-0130 PLEASE REHIT TO: BILL TO: MENDOCINO BRE-~ING CO. P.O. BOX 400 HOPLAND, CA 95449 Tax I.D. # 94-2190989 INVOICE Invoice #: 112881 HBO1 CUSTOME~Ek~G~B 126 HILL STREET, HEALDSBURG, CA 95448 SHIP TO: HENDOCINO BREWING CO. 13231 EAST SIDE ROAD HOPLAND, CA 95449 Page 1 FRESNO 14:15 DATE I SHIP VIA I F.O.B. TERMS )6/29/99 Standard Ortgin Net 30 bays :~z/~ 07/02/99 3~327 QUANTITY , ~ U  EXTENDED a~Y. REQ SHmPED e/O ITEM NUMBER DESCRIPTION UNIT PRICE PRICE 1 1 0 ~ED. 6SE32210~40 HHV400/3 VFD 5HP 8.6AHP 460VAC ~ 985.000 985.0 - & M ELECTRIC & HACH NERY, INC. ~ING ~USINESS SINCE 1955~ F~NK Y~ F~ (~R ~I)ER, WE APPRECIAT- THIS OP~TUNI~ TO SERVE Y~. -otal ' 1 . .' 985. FINANCE CHARGE OF 1V~% PER MONTH 18% ANNUALLY REC'D SUB TOTAL 71 CHARGED ON PAST DUE ACCOUNTS. BY X SALES TAX ALL CLAIMS FOR ERRORS MUSf BE MADE WITHIN FIVE DAYS AFTER RECEIPT OF GOODS, MATERIAL RETURNED WIfHOUT OUR PERMISSION WILL FREIGHT NOT BE ACCEPTED PRICES SUBJECT TO CHANGE WITHOUT NOTICE. IN EVENT OF DAMAGE. FILE CLAIM IMMEDIATELY WITH TRANSPORTATION COMPANY DEFECTIVE MATERIAL WILL BE REPLACED OR MONEY REFUNDED. NO CLAIMS ALLOWED FOR INSTALLING OR USING ABOVE MATERIAL, TOTAL '" -:" :'>'~- PLEASE ENCLOSE REMITTAr,,ICE COPY NO STATEMENT RENDERE .r i!,.~.l~i.'~ power outtage '. ':~'~,~Bdcrg~ound ¢.abl¢ failure, alon San ]¢. '~ ]acmto~nve blacked out 'thc city ~unday at ,t- ,:~'~7~ ,W~'di~,h0~a cable, not a~ ~p Barnes'Said. "When'it ~ent to gro~,d, t6P~d'us'off the tr~smission system2' City crews did not discover the larger the ' cable problem until they replaced fuses and lve .,. were testing ~e system, B~s s~d. When un~ they found the bad spot in th~ cable, it . bec~e necess~ to shut the system down . '~ again. . . . :mn..~ M~y ~eas of thc city were ~e~ted for one ? 9nly 5 or 6 ~nutes, B~s s~d, ~d power ~d ..was:restOred to almost the entire cxty by ~e-:-"il:IS'p.m. However, some 40 homes ~1," ..~ :left wxthoUt power from around midnigh~ :.' Until 4 p.m. Monday. . NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as presczfbed by Parts 3 and 4 of Division 3.6, State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: . e . 5, o CLAIMANT'S NAME: CLAIMANT'S ADDRESS: CITY OF UKIAH At'tn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post O. ffice Box City State Home Phone Number JUL 16 1999 CITY OF UKIAH CITY CLERK'S DEPARTMENT Abr~ Zip Code Work Phone Number PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box ( )' Telephone c~y DATE OF THE ACCIDENT OR OCCURRENCE: State Zip Code ) PLACE OF ACCIDENT OR OCCURRENCE: ~ fi (¢ ~,d~,t ~ ( ~.~f~ ~ L,'~ . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: Se WITNESS(ES), ff known (optional): Name Address, DOCTOR(SJ/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. b. Telephone -- Telephone 10.. GENERAL DESCRIPTION OF THE iNDEBTEDNESS, OBL/GA T/ON, INJURY, DAMAGE OR LOSS so far as it may be knoTn at th, e time of presentation of the claim: -'i"~ ~ ' ' -~ -'~; ,"(;(~ ~ ~'L,~ ,~ " ' ' ~" '~ 11. STATE THE'A ,~ p~ dollars ($10,000) as of the d~te of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known "at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 be/ow). However, ff the amount claimed exceeds ten thousand .... dollars ($10,000), no dollar amount shall be inc/udecl in the claim. However, it shall indicate whether the claim would be a limited civil case (CCP § 85)." 12. Amount Claimed $ or Applicable Jurisdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages for;. · General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: $ $ $ $ This c/aim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause action for death or for injury to the person or to persona/property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. C/aims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. SIGNATURE OF CLAIMANT(S) Received in the Office of the City Clerk this day of ,19 NOTE: This form of claim is for your convenience only. Any other type of form may be used if desffed, as long as it sab'sfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. If you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 dUL 16 tggg CII'Y OF U,'<IAH e.' · r,~ ;: ~., '2EPARTMENT .,~Tt' ..... R,, $ ./ JUL 1 6 1999 CITY OF UKIAH CITY CLERK'S DEPARTMEN' KlM COTTOM'S TYPEWRITER_ PRINTER REPAIR ?33 East Gobbi · Ukiah, CA 95482. (707} 468-9848 · Fax (707) 468-9846 lustomer's Name ,J-drc,~ - - ',ity, State Zip lo.tact ,n,,o=,, N~ 7851 Eqmpmcnt Model Date Work Performed ~ ,',q ~ ~y ~ ~",, ~ r,,j ~r _ _~.._ c+. ~.J u_? WEWILL NOT BE RESPONSIBLE FOR LOSS OR DAM- AGE CAUSED BY FIRE, THEFT, TESTING, OR ANY OTHER CAUSES THAT ARE BEYOND OUR CONTROL. MATERIALS REPLACED ON THIS REPAIR ARE WAR- RANTED FOR THIRTY DAYS FOR THE SAME PROB- LEM ANY ADD(TIONAL LABOR NEEDED WILL BE BILLED AT QUARTER HOUR INCREMENTS. IT IS UNDERSTOOD BY THE PURCHASER THAT THE MATE- RIAL DESCRIBED ABOVE REMAINS THE PROPERTY OF THE SELLER UNTIL PAID FOR IN FULL. A FINANCE CHARGE OF 1 5% PER MONTH (18% PER ANNUM) WILL BE ACC)ED TO PAST DUE ACCOUNTS TERMS: NET 10 DAYS. NO GOOD8 HELDOVERTHIRTY DAYS. Total Parts Tax Labor 3': NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALl This claim must be pre~ented, as prescrfbed by Parts 3 and 4 of Division 3.6, of 77tie State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CiTY OF UKIAH . . Government Code JUL 2 0 1999 CLAIMANT'S NAME: CLAIMANT'S ADDRESS: Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 CITY OF UKIAH CITY CLERK'S DEPARTMENT Number/Street and/or Post Office Box City State Home Phone Number Zip Code Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box ,( ) Telephone C~ 4. DATE OF THE ACCIDENT OR OCCURRENCE: 5. PLACE OF ACCIDENT OR OCCURRENCE: State _Zip Code o e GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is neede~O~_ . . .......... "". NA~E(S), ~ known, OF AN~PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE i~JURY OR LOSS: Se WITNESS(ES), if known (optionaO: Name a. Address Telephone b. . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. Telephone bo 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the c/aim: ', 11. STATE THE AMOUIVT CLAIMED if it totals/ess than ten thousand do//ars (310,000) as of the date of ~ "presentation of the '¢~aim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be knowr)' at the 'time of the presentation of the claim, together with the basis of computation of the ..... a'rnount c/aimed '(for computation use #12 be/ow). However, if the amount c/aimed exceeds ten thousand dollars (310,000), no do//ar amount shall be included in the c/aim. However, it shall indicate whether the c/aim would be a limited civil case (CCP § 85)." 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages loc General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damages: $ Prospective genera/damages: $ This c/aim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause of~ action for death or for injury to the person or to personal property or growing crops shall be presented not later than ~ six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating~ to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. / / ' ' SIGNATURE OF CLAIMANT(S) Received in the Office of the City Clerk this day of NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALl This claim must be presented, as presc~fbed by Parts 3 and 4 of Division 3.6, of 77tie f~ State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box City State Home Phone Number JUL 2 3 1999 CITY OF UKIAH CITY CLERK'S DEPARTMENT Zip Code Work Phone Number . . . PERSON TO WHOM NOTICES,REGARDING T~S CL~!M S, HQULD BE SENT (if different from above): ~ ¥", ~ (x~ Number/Street and/or Post Office Bo~ C~y State Zip Code DATE OF THE ACCIDENT OR OCCURRENCE: PLACE OF ACCIDENT OR OCCURRENCE: . GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more . space is needed):/? (( 7' , '~//_ ~- , ~,'~_ ,,- ,!~;, : / , '~ i , , c., ,':':., ,'/:-';-. :: :.. "/ ' --' , "~ ' · ~ ' .....~ ' ~- ~ l ~ '- ~'- ~ ",. )¥~-' ' ' ' -£' ( '. ~ ' / /. if-,, .- .... - --- NA~E(S), ff known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: 7~ . WITNESS(ES), ff known (optional): Name a. Address Telephone b. o DOCTOR(S)/HosPrrAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address ac Telephone b. 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBUGA TION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the c/aim: c ; · 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars (510,000) as of the date of ,~ presentation of the .claim, including the estimated amount of any prospective injury, damage or loss, insofar . as it maybe known at the time of the presentation of the claim, together with the basis of computation of the ...... amount claimed (for 'computation use #12 below). However, if the amount claimed exceeds ten thousand dollars (510,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case (CCP § 85)." Amount Claimed or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: ; ~1/1~ Expenses for medic,,,, ,oo~,,,o, care: Loss of earnings: Special damages for:. Genera/damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: $ This c/aim must be signed by the claimant or by some person on his/her behalf. A c/aim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating~ to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Dated: S/GNA TURE OF: CLAIMANTrS) Received in the Office of the City Clerk this ~~ day of NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rfghts or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 ITEM NO. 6c DATE: August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING CLEANING OF ANAEROBIC DIGESTER AT THE WASTEWATER TREATMENT PLANT FOR THE SUM OF $9,995.00 Included in the 1999/00 Budget in Account Number 61 2.3580.250.000 is $15,000 to clean one anaerobic digester at the wastewater treatment plant. Requests for Quotations through the informal bid process were sent to three firms that specialize in digester cleaning. Two bids were returned and evaluated by staff. The Iow bidder is Northwest Industrial Scrub with a total bid of $9,995.00. A purchase order has been issued to Northwest Industrial Scrub. Based on our purchasing policies, we are giving the City Council the required notification of this action. There are no local businesses that perform this type of work. RECOMMENDED ACTION: Receive and file report regarding the anaerobic digester cleaning at the wastewater treatment plant. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A 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: 1. Bid Tabulation Ca'dace Horsleg', (~ty Manager ITEM NO. 6(~ DATE: August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: COUNCIL APPROVAL OF RESOLUTION MAKING APPOINTMENTS TO AIRPORT COMMISSION AND PLANNING COMMISSION At the regular meeting of the City Council on July 7, 1999, nominations were approved to appoint Allen Rogina to the Airport Commission and Judy Pruden to the Planning Commission. Both nominations were approved by a majority vote of Council. Council must now approve the Resolution making these appointments which will each expire on June 30, 2002. RECOMMENDED ACTION: Adopt Resolution making appointment of Allen Rogina to the Airport Commission, to a 3-year term expiring June 30, 2002, and Judy Pruden to the Planning Commission, to a 3-year term expiring June 30, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah City Council Marie Ulvila, City Clerk Candace Horsley, City Manager 1. Resolution making appointments to Airport Commission and Planning Commission. APPROVED:'---~~ Candace Horsley, City M ger c:asrccomsn 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE AIRPORT COMMISSION AND PLANNING COMMISSION WHEREAS, the annual expiration of terms for City Commissions occurred on June 30, 1999; and WHEREAS, the vacancies were duly advertised until the close of applications on June 25, 1999, with submitted applications timely received and submitted to Council for consideration; and WHEREAS, the City Council previously requested Planning Commission applicants who were interviewed on July 7, 1999, to be forwarded for consideration at this time; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approved the nominations submitted per procedures outlined in Resolution No. 95-48, and do hereby appoint the following persons to terms on the following Commissions: PLANNING COMMISSION Judy Pruden to fill a term to June 30, 2002. AIRPORT COMMISSION Allen Rogina to fill a term to June 30, 2002. PASSED AND ADOPTED this~ day of vote: AYES: NOES: ABSTAIN: ABSENT: ,1999, by the following roll call ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk AGENDA SUMMARY ITEM NO. 6e DATE: August 4, 1999 REPORT SUBJECT: AWARD OF ANNUAL MAINTENANCE SERVICE AGREEMENT TO MATT'S CUSTOM TREE CARE SUMMARY: The City distributed specifications for tree pruning services through its informal bidding process to 20 contractors. Three proposals were received and opened by the City Clerk on July 27, 1999. Staff has reviewed and identified the most competitive bid as being Matt's Custom Tree Care. Matt's Custom Tree Care's performance has been satisfactory on past tree pruning projects. If the proposal is awarded, compensation for the performance of the work will be based on the hourly rate bid for various tree pruning services. The tree pruning work will be performed on an as-needed, on-call basis for a one-year period. The Street Department has a budget of $10,000 for tree pruning in its leaf and tree control budget (Attachment 1). RECOMMENDED ACTION: Award the annual maintenance service agreement to Matt's Custom Tree Care. ALTERNATIVE COUNCIL POLICY OPTIONS: Council may choose not to award the agreement thereby requiring City staff to seek competitive proposals for each and every tree pruning project throughout the year. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Kennedy, Director of Public Works/City Engineer Rick Seanor, Deputy Director of Public Works ~r~' Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer 1. Fiscal Year 1999/2000 budget sheet 2. Bid Proposal from Matt's Custom Tree Care C~"~ce Horsley, City'lManager RJS:AGTREEPRUNING.SUM 0 0 0 0 0 0 0 0 o I-- Z o Z o i- Z 0 0 0 0 0 o o o E 0 '~-- 0 0 0 0 g o o PUBLIC WORKS TREE PRUNING PROPOSAL FORM (this form must be completed, signed, and returned with the bid) Hourly Cost - Tree Climbing Work Hourly Cost - Bucket Truck Work for for crew including all equipment, crew including all equipment, clean-up clean-up and debds disposal costs. Stump Gdnding Costs Description and debris disposal costs. Specify reach (Cost only for tree climbing work, of bucket truck. (Cost may include tree cost does not include bucket truck climbing work as needed.) work.) 1. Tree pruning, Emergency tree pruning, cost Emergency tree pruning, emergency response per hour of $ J ~o~. Reach cost per hour of within 2 hours including of bucket truck [,~L~ feet. nights, weekends, and holidays. 2. Tree pruning and/or Routine tree pruning, cost per Routine tree pruni~%, cost tree removal, routine hour of $ ~7_~ ~---'. Reach of per hour of $ ~ ---'. work. bucket truck ~ feet. 3. Stump grinding. Cost per inch Stumps to be ground to stump diameter of a minimum 2-inches $ ,~..o_~ . below grade. Diameter measured at the widest point at ground level. The undersigned declares he is familiar with the items specified and has carefully checked all of the figures stated on the above TREE PRUNING PROPOSAL FORM and accepts full responsibility for any error or omission in the preparation of this proposal. This proposal is submitted by (check one): '~ Individual Owner __ Padnership Corporation Other (Specify) Legal Name of Company: Address: City, State, Zip: Phone Number: By: (Signature) ATTACHMENT "A" STATEMENT OF EXPERIENCE OF BIDDER AND LIST OF EQUIPMENT (this form must be completed, signed, and returned with the bid) The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. The bidder shall also list vehicles and equipment he/she proposes to udlize to perform work identified in this bid. In particular, the bidder shall indicate the reach length of his/her bucket truck. ,. ' , X By: SIGNATURE OF BIDDER: Dated: ITEM NO. 6 f DATE: . August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF REVISION TO "EMT-1 INCENTIVE" PROVISION IN 1998- 1999 FIRE UNIT MEMORANDUM OF UNDERSTANDING The City Council and City Manager met in Closed Session on July 7, 1999 to discuss and clarify Paragraph 6 "EMT-1 Incentive Pay" in the Memorandum of Understanding ratified between the City of Ukiah and the Fire Unit on April 21, 1999. It was agreed in Closed Session to revise Paragraph 6 to restate the intent of both parties as it relates to EMT-1 Incentive Pay. $100.00 per month shall be paid to the two current Fire Unit employees (an Engineer and a Captain) who have the EMT-1 certificate. Attached for Council's approval is a revised Fire Unit Memorandum of Understanding reflecting the agreed upon changes. RECOMMENDED ACTION: Approve the revision to Paragraph 6 "EMT-1 Incentive Pay" in the 1998-99 Fire Unit Memorandum of Understanding and authorize City Manager to sign. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Not approve revision to Paragraph 6 "EMT-1 Incentive Pay" in the 1998-99 Fire Unit Memorandum of Understanding. 2. Refer to Staff for more information or revision. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City of Ukiah Fire Unit Melody Harris, Personnel Officer Candace Horsley, City Manager Revised 1998-99 Fire Unit Memorandum of Understanding 3:~nou~revfire.asr Candace Horsley, Cityl~anager MEMORANDUM OF UNDERSTANDING 1998-1999 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Fire Unit (hereinafter Unit). As a result of meet and confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be one year, effective October 1, 1998, through September 30, 1999. All items in this Memorandum of Agreement shall be effective upon the signing of the Agreement unless otherwise specifically stated. , . . 1. Salary_ a. Effective the pay period closest to the signing of this Agreement, Fire Unit members shall receive a 4% increase to their base rate salary schedule. b. Fire Unit members shall receive a lump sum payment which is equivalent to 4% of base rate salary retroactive to the October 4, 1998 pay period. This lump sum will be a one-time payment and will not increase base rate salary. Overtime is not included. CalPER$ Deferred Compensation Program The City agrees to adopt the CalPERS 457 Deferred Compensation Program in addition to the existing deferred compensation programs currently offered. Medical Insurance The City shall pay an additional $20.00 towards City health insurance coverage for Fire Unit employees, for a total monthly contribution of $300.60. Compensatory_ Time (CTO) Fire Unit employees may accrue a maximum of 72 CTO hours. Employees may buy out up to 48 hours CTO upon reaching their maximum accrual two times per fiscal year, at the 56 hour rate. 5. PERS Sick Leave Conversion , Fire Unit members will continue to accrue sick leave at the rate of 24 hours per month. Upon retirement, the City shall divide the total accrued sick leave hours by two (to arrive at the equivalent of 12-hours/month accrual) for purposes of reporting final sick leave credit to PERS. In exchange for the agreement to convert their final sick leave accrual to the equivalent of 12-hours per month upon retirement, the City shall pay an additional 2% base salary (The PERS ^ctuary has stated this would otherwise have been a 3% cost to the City upon each retirement). E.M.T.-1 Incentive The City agrees to a $100.00 per month EMT-1 Incentive Pay for '"'- t'~;~ ';-'-"---'-"--,, I,I I~;;:I II ~;71 I~1 I1,~;3:1 ~ :'" ~" "~' '" ""~"~'"~' "°"'"' '" ,, ,~ -,,,, -, ,,,, ,, ,u prerequisite , . , 10. 11. Paramedic ~tipend The City and the Unit agree Paramedic specialty pay shall be increased from $275.00 to $300.00 per month for Unit members holding a Paramedic license. Preceptor Proaram The City and the Unit agree that a Paramedic Preceptor fee will be charged to Paramedic Interns to recupe the costs of training at the rate of $150.00 per Paramedic intern. The Preceptor shall receive $100.00 of this fee upon conclusion of the internship, and the remaining $50.00 will be retained by the City of Ukiah for administrative costs. PERS Military Buy Back Provision The City will amend the PERS contract to include a military buy back provision. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other government agencies or departments, such as, but not limited to, the Public Employees Retirement System. The City will endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such salary or benefits by other agencies or departments reduces or eliminates their value to the employee. The City will meet and confer with the Fire Unit regarding the impact upon salary and benefits. This Memorandum is ratified and adopted pursuant to the recommendations of the following representatives this 21st day of April ,1999. CITY OF UKIAH Candace Horsley City Manager Richard Reed Labor Consultant 3:MOU\FIRE98 ITEM NO. 6 n - DATE: Au~st ~4 ~. 199R SUBJECT' NOTIFICATION TO COUNCIL REGARDING THE PURCHASE OF POLE MOUNTED TRANSFORMERS FROM CENTRAL MALONEY, INC., IN THE AMOUNT OF $5,986.70. REPORT' As required by the City of ukiah's purchasing policies, this is to notify the City Council that the Electric Department has ordered five (5) pole mounted transformers to meet anticipated future demand. Quotations were requested from three transformer manufacturers. They were 1) General Electric, 2) Western States Electric and 3) Central Maloney. Central Maloney was the only compliant bidder. RECOMMENDED ACTION' Receive report regarding the award of bid to Central Maloney for the purchase of five (5) pole mounted transformers, in the amount of $5,986.70. ALTERNATIVE COUNCIL POLICY OPTIONS' N/A Cit-~zen Advised' N/A Requested by' Stan Bartolomei, Electrical Supervisor Coordinated with' Darryl L. Barnes, Director of Public Utilities Candace Horsley, ~~Y Manage'~ ITEM NO. 6h DATE: August 4,1999 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF CHLORINE TABLETS FOR MUNICIPAL SWIMMING POOL FROM LINCOLN EQUIPMENT IN THE AMOUNT OF $6,006.00 As required by Section 1522 of the Municipal Code staff is filing with the City Council this report regarding the purchase of chlorine tablets for the municipal swimming pool from Lincoln Equipment Inc., the amount of $6,006.00. Requests For Quotation(RFQ) sheets were sent out to all qualified bidders who carry the specialized dry chlorine briquets utilized by the pool's chlorination system of which the nearest local provider is Great Western Chemical in Santa Rosa. Bids were returned by Lincoln Equipment and Chem Quip Incorporated with Lincoln being the Iow bidder. Attached for Council's review are the RFQ summary sheet and returned bid sheets. This item is budgeted in the 100.6130.690 account. RECOMMENDED ACTION: Receive report regarding purchase of chlorine tablets from Lincoln Equipment in the amount of $6,006.00 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Nora Kennedy, Purchasing Supervisor Attachments: 1. Requests For Quotation Summary 2. Bid sheets APPROVED:. ~ ~ Candace Horsley, Ci! L~4 CHLOR.ASR Manager TO: 300 .~cmma:y Avenue Ukiah CA. 95482 Phone 70'7-463-6233 Fax 707-463-6234 REQUEST FOR QUOTATION FAX COPIES ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER CHEM QUIP INCORPORATED 2551 Land Avenue Sacramento, CA 95815 916-923-5091, Fax: 916-920-4611 l, CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6233 Fax 707-463-6234 REQUEST FOR QUOTATION FAX COPIES ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 7/6/99 REQ. NO. E 18231 BIDS WILL BE RECEIVED UNTIL 1:30 p.m. July 8, 1999 AT THE OFFICE OF THE PURCHASING AGENT. CITY of UKIAH BY: . Nora ~y DATE: 7/6/99 REQ. NO. E 18231 TO: TO: GREAT WESTERN CHEMICAL 107 W. Barham Santa Rosa, CA 95407 707-526-2324, Fax: 526-3961 CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6233 Fax 707-463-6234 REQUEST FOR QUOTATION FAX COPIES ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER LESUE'S SWIMMING POOL SUPPUES 20630 Plummer Street Chatsworth, CA 91311 Attn: Ted Gillan-Gov"t Account Executive 800-227-8222 x4124, Fax: 818-349-1059 lBBIDS WILL BE RECEIVED UNTIL 1:30 p.m. July 8, 1999 AT TIlE OFFICE OF THE PURCtlASINO AGENT. CITY of UKIAH Y:_ Nora K~ly 1 DATE: 7/6/99 _REQ. NO. E 18231 liBIDS WILL BE RECEIVED UNTIL 1:30 p.m. July 8, 1999 T THE OFFICE OF THE PURCHASING GENT. CITY of UKIAH Y: ,~,~ ,.._ _ . CITY of UKIAH 300 Seminary Avenue Uldah CA. 95482 Phone 707-463-6233 Fax 707-463-6234 REQUEST FOR QUOTATION FAX COPIES ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER '/ DATE: 7/6/99 REQ. NO. E 18231 TO: UNCOLN EQUIPMENT INC. 2056 Commerce Avenue Concord, CA 94520 510-687-9500, Fax: 888-680-2825 QUOTATIONS ARE REQUESTED FOR THB FOLLOWING ITEMS: QUANTITY DESCRIFYION 32 I BIDS WILL BE RECEIVED UNTIL 1:30 p.m. July 8, 1999 AT THE OFFICE OF THE PURCHASINO AGENT. CITY of UKIAH BY: Nora Kennedy ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. UNIT PRICE TOTAL 100lb. Buckets - g01116 Pulsar Plus Briquettes Dry Chlorine TO: PL~¢ItASING DEPT. i CITY of UKIAH CHEM ~t. llP INCORPOI'~TED 2551 Lend Avenue tkacramento. CA 95815 e16,-B2~-SO91, F{~,' g'lB-g20-4611 x**Mp.m, july,, _. l~g BY; ., · Iml I · __ - _ II I ..... 1, ~- ,, _. _ . 32 lO01b. Bucl~u - WOl 116 Pulsar Plus Brique, m~_ Dry ~Julorim , CITY of UKIAH TO~ UNCOLN F=~;IUI~~ INC. 2ar~ Cornmeal Avenue ,510-087-~00, Fo~ ~80-~2~ I I ! - 32 lO01b, auckf~ - 8011 t6 ~ Pits Briqucuce Dry CMarinc r.o~. ~ cA. I J Ill ITEM NO. 6 :i. DATE: AUGUST 4, 1999 SUBJECT: AGENDA SUMMARY REPORT AWARD BID FOR REPLACEMENT DESKTOP COMPUTER EQUIPMENT TO QUANTEX MICROSYSTEMS IN THE AMOUNT OF $72,277.99 AND REJECT ALL BIDS RECEIVED FOR REPLACEMENT LAPTOP/NOTEBOOK COMPUTERS. SUMMARY: In accordance with City of Ukiah Municipal Code Section 1521, formal bids were solicited for the purchase of replacement desktop and laptop/notebook computers for various City departments. Attached is a detailed list of the departments and the corresponding budgets affected by this purchase. Ten authorized resellers and/or manufacturers of the specified equipment received copies of the Request for Quotations, two companies responded. Attached is a summary of the bids received. Both bids have been carefully reviewed by MIS Coordinator Paulette Klingbeil and Information Technology Consultant Bryan Morgan for compliance with the specifications for this purchase. Specifications were met by both bidders for the desktop computers, but neither met the specifications for the laptop/notebook computers. The lowest responsible bidder is Quantex Microsystems of Somerset NJ who quoted a price of $72,277.99, which includes sales tax and shipping, for desktop computer systems. The bid from Gateway 2000 totaled $76,111.90. The Quantex Microsystems bid is within the amounts budgeted for Fiscal Year 1999/2000. RECOMMENDED ACTION' Award the bid for replacement desktop computer systems to Quantex Microsystems in the amount of $72,277.99 and reject all bids for replacement laptop/notebook computers. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids for both the desktop computers and the laptop/notebook computers and refer back to staff. Citizen Advised: N/A Requested by: Gordon Elton, Director of Finance Prepared by: Paulette Klingbeil, MIS Coordinator Coordinated with: Candace Horsley, City Manager Attachments: Computer Replacement Listing, Summary of Bids Received Horsley, City Computer Replacement Listing Cathy Elawadly - Administrative Secretary 131.1965 $ 1,895.11 Kathy Gulick - Receptionist 131.1965 $ 1,895.11 Kathy Kinch - Administrative Secretary 131.1965 $ 1,895.11 Candace Horsley - City Manager 131.1965 $ 1,895.11 Karen Yoast - Executive Assistant 131.1965 $ 1,895.11 Melody Harris - Personnel Officer 131.1965 $ 1,895.11 Mike Harris - Risk Manager/Budget Officer 131.1965 $ 1,895.11 Debbie Woodworth - Activities/Sports Coord. 131.1965 $ 1,895.11 Larry DeKnoblough - Dir. Of Community Svcs. 131.1965 $ 1,895.11 Bruce Jenney - Conf. Center Manager 131.1965 $ 1,895.11 Marilyn Troedel - Conf. Center Secretary 131.1965 $ 1,895.11 Engineering-Cad Station 131.1965 $ 2,184.68 Rick Sands - Engineering Associate 131.1965 $ 2,184.68 Gordon Elton - Finance Director 131.1965 $ 1,895.11 Paulette Klingbeil, MIS Coordinator 131.1965 $ 1,895.11 Jim Looney - Public Works Supervisor ICapital Projects Equipment Reserve 131.1965 $ 1,895.11 131.1965 Total $ 30,900.90 George Borecky - Water/Sewer Ops. Supt. ISewer/Wastewater Treatment 612.3505 $ 1,895.11 612.~ Total $ 1,895.11. Gerald Gall - WWTP 612.3580 $ 1,895.11 I Sewer/Wastcwater Treatment 612.3580 Total $ 1,895.1 Golf/Parks Office 695.6120 $ 1,895.11 IMunicipal Golf Course 695.6120 Total $ 1,895.11 Nora Kennedy - Purchasing Supervisor 696.1390 $ 1,895.11 IPurchasin~l 696.t390 Total $ 1,895.11 Cindy Vichy - Customer Service Rep. 697.1305 $ 1,895.11 Erin Tarkhanian - Cust Svc Rep 697.1305 $ 1,895.11 Kay Snook - Customer Service Rep. 697.1305 $ 1,895.11 Meter Reading 697.1305 $ 1,895.11 Noma VanHousen - Utility Clerk 697.1305 $ 1,895.11 Patsy Archibald - Customer Svc. Supervisor 697.1305 $ 1,895.11 Lee Madsen - Customer Service Rep. 697.1305 $ 1,895.11 Second Cashier Station 697.1305 $ 1,895.11 Tammie McKee - Customer Service Rep. 697.1305 $ 1,895.11 IBilling and Collections 697,1305 Total $ 17,055.99 Paul Amendolia - Electric Engineering Tech 800.3733 $ 1,895.11 Stan Bartolomei - Electric Supervisor 800.3733 $ 1,895.11 3,790.22 IElectric Operations 800.3733 Total $ Paul Smith - Water/Sewer Attendant 820.3901 $ 1,895.11 Tom McArthur - Water/Sewer En~l. Tech 820.3901 $ 1,895.11 IWater 820.3901 Total $ Alan Jamison/Mike 820.3908 $ 1,895.11 Terry Eib - WTP 820.3908 $ 1,895.11 IWater 820.3908 Total $ Roe Sandelin - Fire Chief 100.2101 $ 1,790.00 3,790.22 3,790.22 ,I IFire 100.2101 TOtal $ 1,790.00 Community Oriented Policing (2 Computers) ICommunity Oriented PoliCin~ Cost of Equipment Replacement 206.2006 $ 3,580.00 206.2006 Total $ 3,580.00 Grand Total $ 72~277.99 ! E o '~, ITEM NO, R ~ DATE: August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT WITH PACIFIC BELL FOR TELECOMMUNICATION SERVICES In 1997, the City of Ukiah secured an excellent Contract with CALNET, the State of California's long distance telephone network. CALNET was a non-profit state agency that served other state agencies with all of their telecommunication needs, at excellent rates. Due to the high cost of updating their infrastructure to meet the demands of new technology, the state embarked on an exploratory process to determine the feasibility of privatizing the state's telephone service. Various telecommunication organizations submitted business plans to serve as the state's vendor to provide local switching, long distance services, voice-mail, and data transmission services. In December 1998, a Contract was awarded to a partnership between Pacific Bell and MCI. The Department of General Services (DGS) is the state agency that is monitoring this new Contract. (Continued on Page 2) RECOMMENDED ACTION: Council approve Contract with Pacific Bell to provide certain telecommunication services for City of Ukiah, for a term of five years, and authorize City Manager to execute Contract. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine term of Contract should be for a longer period of time, or that other revisions should be made before execution. 2. Determine it is not appropriate to enter into the Contract at this time. Citizen Advised' N/A Requested by: Department of General Services, State of California Prepared by' Karen Yoast, Executive Assistant Coordinated with' Candace Horsley, City Manager Dave Rapport, City Attorney Attachments: . 2. 3. 4. 5. 6. Proposed Contract Comprehensive list of services available under new Contract CALNET (DGS) Contract Rate Comparison State of California Bulletin 99-1 Pamphlet Highlighting DGS's Services DGS List of other agencies currently under proposed Contract APPROVED:' ~ ' ~ ., Candace Horsley, City'Manager 4/Sec.ASRPacBe.99 The state procured this Contract under applicable competitive bidding procedures, with three bids being received from AT&T, GTE, and the Pacific Bell/MCI partnership. The City is under no obligation to receive additional competitive bids in this instance, however, it should be noted that currently there is no other company offering "dial-tone" services in Ukiah. Other companies such as PacWest, AT&T and MCI Worldcom are competitors to Pacific Bell but they are concentrating their efforts in metropolitan areas rather than remote areas such as Ukiah. Under the new Contract, Pacific Bell is responsible for the local toll and phone infrastructure and MCI will be providing long distance service. Although our long distance service through MCI was automatically converted in April of this year, it is necessary for the City to enter into a separate Contract with Pacific Bell for their services. The Contract before the Council for approval is for a minimum term of five years, with the possibility of two additional years. The five-year timeframe will take the City through 2004, which would be an appropriate time to do a total review of the communication systems in place to determine the best way to proceed in light of the new technology available at that time. City Attorney Rapport has reviewed the Contract and advised it is acceptable with the knowledge that the City understands it is "locked" in for five years. Pacific Bell has the responsibility to notify the City in writing within 60 days of the expiration date, and the City will be automatically signed for two additional one-year extensions unless we respond within 30 days of the expiration of our intent to not renew. Another consideration he noted is being tied into a Contract of this length when technology is advancing at such a rapid pace. Again, in view of the City's plans to maintain the current phone system configuration through at least 2004, it would be highly unlikely that we will be making any expansions or changes during the term of this Contract. Additionally, if it is determined that changes must be made during the term of the Contract, Pacific Bell has a wide range of additional services available, as shown in Attachment No. 2. The rates provided in the new Contract are very favorable, and it is written in the Contract between the State and Pacific Bell that the rates cannot go up, only down, during the term. Attachment No. 3 is a Rate Comparison for basic services from what we are now paying to the new rates, as provided by DGS (CALNET). The costs for telephone-related charges are allocated through the budget to the various departments based on usage. The City paid approximately $45,500 to Pacific Bell during Fiscal Year 1998/99. Depending on our usage over the next fiscal year, we may be able to realize a conservative savings of 20% under the new Contract, a savings of approximately $9,000. Staff recommends approval of the five-year Contract with Pacific Bell and believes it is prudent at this time to remain aligned with the State of California in this excellent Contract with Pacific Bell and MCI. STATE OF (L.\I,IFORNIA DEPAR'I'*IENTOb'GENERAi. SER VICES EXHIBIT B-3 - A UTHORIZA TION TO ORDER EXHIBIT B-3 AUTHORIZATION TO ORDER UNDER STATE AGREEMENT (TERM COMMITMENT) (Please print or type clearly) Pacific Bell ("Pacific"), MCI Telecommunications Corporation ("MCI") (collectively, "Contractor") and the State of California ("State") have entered into an Agreement for the Provision of Telecommunications Service(s) and Products, dated December 4, 1998 ("Agreement"). Pursuant to the Agreement, which is incorporated herein by reference, Municipalities of the State are allowed to order services and products out of the Agreement ("Service(s)") upon execution of this Authorization to Order. A description of the Service(s), applicable rates and charges and the specific terms and conditions under which the Service(s) will be provided to Municipalities of the State (e.g., cities, counties, school districts and other such entities of the State) are fully set forth in the Agreement. 1. CITY OF UKIAH ("Municipality") desires to order the Service(s) identified in Attachment 1 to this Authorization to Order, which is incorporated herein by reference, and Contractor agrees to provide such Service(s) pursuant to this Authorization to Order and the terms and conditions and rate tables contained in the Agreement. Municipality agrees, with respect to the particular services identified in Attachment 1, to utilize the Agreement as Municipality's single source for procuring the particular Services .types (i.e., Centrex, voicemail/IVR, DSL, Frame Relay) during the telm of the Authorization to Order. 2. Contractor shall bill Municipality and Municipality shall pay Contractor pursuant to this Authorization to Order and the terms and conditions and rate tables contained in the Agreement. 3. This Authorization to Order shall become effective upon execution by Municipality, Contractor, and the Department of General Services, Telecommunications Division ("Effective Date"). Unless sooner terminated as provided herein, this Authorization to Order shall remain in effect for the term Municipality has indicated below (check one). Five years from the Effective Date. This Authorization to Order is subject to two, one year extensions. Contractor shall provide Municipality with 60 days' notice of the scheduled expiration date and the intended extension of the Authorization to Order. Each one year extension will occur automatically unless Municipality provides Contractor with written notice of Municipality's intent not to renew this Authorization to Order at least 30 days' prior to the scheduled expiration date of this Authorization to Order. This Authorization to Order shall continue in effect from the Effective Date through the remainder of the term of the Agreement. In the event Contractor and the State extend the term of the Agreement, Contractor shall provide Municipality with 60 days' notice of the intended extension of the Agreement. The term of this Authorization to Order will be automatically extended to match the new term of the Agreement unless Municipality provides 30 days' notice to Contractor prior to the automatic extension of its intent not to renew this Authorization to Order. Revised: Amendment No. 2 - 7/20/99 PACiFiC 4. A. If Municipality, prior to the expiration of the term set forth in preceding paragraph, terminates this Authorization to Order or disconnects all of a particular Service (i.e., Centrex, voice mail, ISDN/PRI, DSL, etc.) provided pursuant to this Authorization to Order, Municipality shall pay a termination charge based on 65% of the Municipality's highest bill for the disconnected Service(s) provided hereunder multiplied by the number of months remaining in the term of this Authorization to Order, plus any unrecovered nonrecurring charges owed to Contractor on the date of termination. Notwithstanding the preceding sentence, if the State terminates the Agreement, in whole or in part, prior to the expiration of its term,. Municipality may, with respect to the Services terminated by the State, (i) continue to subscribe to the Service(s) under the terms of the Agreement for the remainder of the term of this Authorization to Order, or (ii) terminate this Authorization to Order without being subject to the termination charge set forth above. B. Notwithstanding the first sentence in Section 4.A. above, if, after the first fiscal year in which a particular Service acquired hereunder is installed, funds are not appropriated to continue paying for that particular Service in a subsequent fiscal year or universal service discounts are not received to enable Municipality to pay for that particular Service in a subsequent year, then Municipality may terminate this Authorization to Order as it relates to that particular Service as of the last day for which funds were appropriated or universal service discounts were received ("Date of Termination"), without being subject to the termination charge set forth above; provided, however, that Municipality shall be obligated to pay all charges incurred through the Date of Termination, plus any unrecovered nonrecurring charges which may be owed Contractor on the Date of Term/nation. Municipality shall use its best efforts to obtain funding or tmiversal service discounts for the particular Service(s) provided hereunder. (i) If the federal universal service discount program is discontinued, Municipality may terminate :his Authorization to Order as set tbrth in Section 4.B. above. (ii) If Municipality exercises its right to terminate this Authorization to Order for non-appropriation or ineligibility to receive universal service discounts under the then current program, Municipality agrees not to obtain substantially similar equipment and/or services to replace those provided hereunder for one year following the Date of Termination. Municipality may exercise such right to terminate upon delivery to Contractor ora 30 day written notice setting forth the reason for termination and within 30 days following the delivery of such written notice, Municipality shall provide Contractor a legal opinion of counsel that no funds have been appropriated or otherwise made available for payments due under this Authorization to Order or that Municipality is ineligible to receive universal service discounts under the Agreement and funds have not been made available for the acquisition of substantially similarly equipment and/or services to replace those provided hereunder. 5. Municipality, upon execution of this form, certifies that Municipality understands that Contractor and the State may, from time to time and without Municipality's consent, amend the terms and conditions of the Agreement thereby affecting the terms of the Service(s) Municipality receives from Contractor. ............................................ Revised: Amendment No. 2 - 7/20/99 PACIFIC BELL r lcl STATE OF (".,\I,IFORNIA D[~P:\RTMEN'I OF G[';N['.'RAI. S[~.R VICES 6. Municipality, upon execution of this form, certifies that Municipality has received and has reviewed the terms and conditions, including the rates and charges, of the Agreement. 7. Whenever any notice or demand is to be given under this Agreement to Contractor or Municipality, the notice shall be in writing and addressed to the following: Municipality: CITY OF UKIAH 300 Seminary Ave Ukiah, CA 95482 Atto: Candace Horsley Contractor: Pacific Bell/MCI 610 Sequoia Pacific Blvd. Sacramento, CA 95814 Attn: Contract Program Manager Notices delivered by overnight courier service (U.S. Express Mail, Federal Express, Purolator or Airborne) shall be deemed delivered on the day following mailing. Notices mailed by U.S. Mail, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. IN WITNESS WHEREOF, the parties hereto have caused this Authorization to Order to be executed on the date shown below by their respective duly authorized representatives. CONTRACTOR CITY OF UKIAH (Municipality) By: By: Print Name: Alayne Finkle Print Name: Title: Director - Custom Contract Title: Date Signed: Date Signed: Approved By: Department of General Services, Telecommunications Division By: Print Name: Title: Date Signed: ...................................................... Revised: Amendment No. 2 - 7/20/99 PACIFIC BELL, MCI' STATE OF CAI,IFORNIA ii Ill,Il, Illll ~ Illll '"'"'"'8111 ~ DEPARTMENT OF G[:;NERAI. SER VICES CITY OF UKIAH ATTACHMENT 1 Services Voice Network Customer Selected Products and Services Initials × Local Usage Group Video Advanced Intelligent Network (CVN) Services Line Side Customer _ Selected Products and Services Initials × Bus Access Lines X ISDN X Centrex ACD (Centrex) t Acct. Codes X PBX Trunks X SuperTrunk CompuCall i Services Data Customer ~ Selected Products and Services Initials I X Analog Circuits X Adv. Digital Network t X HICAP/T1 DS3 __ SONET Dedicated Ring (ICB) SONET Circuit Svc. PRI ISDN X Frame Relay Managed Frame Relay ATM DSL Services Additional Required Customer Selected Products and Services Initials X Bldg. Wiring (jacks) Billing Products Services Other Customer Selected Products and Services Initials PBI Services PBIS IVR/Call Router PBIS Voice Mail Revised: Amendment No. 2 - 7/20/99 PACIFIC BELL MCI http ://www. telecom, ca. gov/offices/calnetcontract/RiderC/RiderC, htm Rider C .. Rat(,, ']'all}les Voice Network Services I. Loca! Usag.e. 2. bong_Distance VNET * .3. Long ,Distance Access 4. Disaster Readiness 5. Advanced Intelligent Network (AIN) 6. Toll Free 7. Enhanced Toll Free Service * 8. 800 Enhanced Call Routing (ECR) * 9. International Toll Free (800) * 10. 900 Service * 11. O~rator Services 12. Calling Card * 13. 14. 15. 16. 17. 18. 19. PrePaid Calling Card * Centrex Audio Conferencing Audio Conferencing * Video Conferencing * Video Conferencing Dial-Up GroupVideo NCR- Network Call Redirect * Line Side Services 1. Business Access Line 2. Ccntrcx 3. ISDN 4. Account Codes 5. PBX Trunks 6. SuperTrunk Service 7. Voice Mail 8. Custom Local Signalling Services (CLASS) 9. Interactive Voice Response (IVR) and Call Router 10. Automated Attendant/Call Routing 11. Voice Forms 12. Fax on Demand 13. 14. 15. 16. 17. 18. Fax Reply * ACD Announcement/Music in queue ACD MIS Equipment Computer Interface (CompuCALL) Service Intelligent Call Routing * 07/20/99 09:44:08 http://www.telecom, ca. gov/offices/calnetcontmct/RiderC/RiderC.htm i. Dec i,:a~:~:d Services '? Es .... ukd Dedicated Services * 2!.. S£>I',!ET' (Synchronous Optical Network) Ring and Access 4. ISD ~u .Ii. Prima_ry, J.~ate ISDN _ 6. Swirl:bed 56 * 7. Swilched T1/T3 * 8. Frame_R_elay. Service and Asynchronous Transfer Mode Data Services 9. InterLATA Frame Relay and ATM Services * 10. Extended Frame Relay * 11. Managed Frame. Relay 12. Managed Extended Frame Relay * 13. Remote LAN Dial * 14. Extended ATM * 15. Distal Subscriber Line (DSL) 16. Xstream Services * Equipment 1. Electronic Business Sets (EBS) 2. Frame Relay and ATM Equipment 3. Videoconferencing Systems VTEL PictureTel 4. Lucent ISDN Equipment 5. Analog Sets 6. Fujitsu ISDN Telephone Sets 7. Centrex Attendant Consoles Additional Required Services 1. Fiber Optic Facilities 2. Building Wiring Services Building Wring Services Building Wiring- Projectq 3. Outside Plant 4. Training Services _ 5. Billing Products State Integrated Billing System Billing Reports CD-ROM Diskette Billing Magnetic Tape Billing EDI Multiple Copies 07/20/99 09:44:09 2. Fax I!~n ,~,:t cast * 3. Net',~ off; (~onsulting 4. Nem'ork Management GTE Territory Services 1. Centrex in GTE Territor~ 2. PBX Trunks 3. Voice Mail 4. Business Access Lines 5. ISDN 6. Outside Plant 7. Local Usage 8. O~rator, Services 9. Dedicated Services http ://www. telecom, ca. gov/offices/calnetcontract/RiderC/RiderC, htm 07/20/99 09:44:09 I. R¢,:.~: ~[: :: relephone Company !ii!13.~ :ti::4 or Services i!!:as ic Exchange Access .Service .!ii~;i!!:~! Business Service (CENTREX) 511_o_r!~ii:.!~.e..nce Connection Service '7oice Mail Service I)e_d_i~:~ted Services L.nte~ted Services (ISDN) Primary Rate Integrated Services Frame Relay Services Outside Plant 2. Calaveras Telephone Company 3. California-Oregon Telephone Comply 4. Citizens Communications Centrex Service - Golden State O~rator Services Switched Access Service Centrex Service - Tuolumne Business Access Service - Golden State Local Usage - Golden State Business Access Service Business Access Service- Tuolumne Local Usage- Tuolumne Local Usage (Zone 1, Zone 2 and Zone 3) Outside Plant (GoldCHant)~ _S~cial Access Service - Golden Stat~ S~cial Access Service - Tuolunm¢ 5. Ducor Telephone Company 6. Evans Telephone Company 7. Foresthill Telephone Company 8. Kerman Telephone Company 9. Pinnacles Telephone Company 1 0. The Ponderosa Telephon~ 1 1. Sierra Telephone Company 12. The Siskiyou Telephone C0m~ny 1 3. TDS Telecom Happy Valley Hornitos Winterhaven 14. Volcano Telephone Company http://www, telecom, ca. gov/offices/calnetcontract/RiderC/RiderC, htm * MCI Product/Service [,State of California Contract - Home] 07/20/99 09:44:09 ~ ~ ~ ~ ~ o o ~ ~ ~ ~ ~ 0 0 o o o ~c~ W~9~'0I 666I 6~ '!hi' 8£~6+2_S9+9~6 · 'ON qNOHa State of California · Department of General Services ° Gray Davis, Governor TELECOMMUNICATIONS DIVISION 601 Sequoia Pacific Boulevard · Sacramento, CA 95814-0282 · (916) 657-9903 January 28, 1999 BULLETIN 99-1 AGENCY TELECOMMUNICATIONS REPRESENTATIVES CITY AND COUNTY TELECOMMUNICATIONS REPRESENTATIVES NEW CALNET CONTRACT AWARD Fdday, December 4, 1998, the Department of General Services, Telecommunications Division (DGS-TD) signed contract number CNT-001 for the California lnteqrated Information Network for statewide telecommunications services with the team of Pacific'Bell and MCI Worldcom. Implementation of the "new CALNET" is now underway. This is the culmination of over two years of work and represents the largest outsourcing contract in the history of the State of Califomia. The DGS-TD established the new CALNET contract to comply with the statewide strategic direction and policies contained in Management Memo 97-01, dated January 14, 1997, and signed by Mr. John Thomas Fiynn, Chief Information Officer of the Department of Information Technology (DOIT). The state used an alternative competitive process called a Solicitation for Conceptual Proposal (SCP). This process allowed each potential business partner the flexibility to offer innovative solutions to the state while still meeting the state's requirements, terms and conditions. Eleven potential business partners competed in the process, and three submitted final proposals. The proposal from the team of Pacific Bell and MCI Worldcom was determined to offer the state the best alternative in terms of both a technical solution and cost-effectiveness. Contract CNT-001 has a term of seven years with three one-year extension options and offers to state and local government agencies a full suite of telecommunications services at very competitive prices. Attached is a list of the services and equipment included in the contract for reference. The State Telecommunications Management Manual (STMM) will be updated to reflect the new CALNET contract as soon as practical. The contract has many key provisions and mechanisms that offer additional benefits to state and local government users. These provisions include: · Annual service reviews of pricing and service functionality to ensure rates and services remain cost-effective and technologically competitive throughout the term of the contract. · Uniform Service Level Agreements (SLAs) that provide dghts and remedies to both end users and the state for service outages. o. -2- BULLETIN 99-1 January 28, 1999 · State Integrated Billing System (SIBS) that will integrate billing for all contracted services. · Coordinated end-to-end solutions with centralized order entry and trouble reporting. · A comprehensive product website. Your agency may be contacted by other telecommunications service providers offedng services at reduced prices. Be aware that these offers do not conform to the same terms, conditions and requirements that were included in the SCP. Contract CNT-001 provides the most cost-effective telecommunications services to the state as a whole that conform to the state's requirements. No doubt, if these service providers were required to meet the same requirements, their offers would be substantially different. It is anticipated that transitioning from the existing CALNET to an outsourced infrastructure will have minimal customer impact since many of the existing CALNET suite of services are currently provided through contractual arrangements with Pacific Bell and MCI Woddcom. Most of the network conversion will be transparent to end users. However, for those agencies whose CALDEX services will require conversion to Centrex, every effort will be made to minimize the impact of the change in service. No telephone number changes are anticipated at this time for the CALDEX conversion. Additional information pertaining to conversion plans and dates for the New CALNET services and rates, and ordedng processes and procedures will be forthcoming. If you have any questions pertaining to this bulletin, or if you need assistance with telecommunications projects or planning, please contact your assigned CALNET Client Services Account Executive, or call 1-800-807-6755 for assistance if you do not know your assigned Account Executive. ALLAN G. TOLMAN, Chief Telephone and Network Services AGT:LE:mj Attachment ATTACHMENT BULLETIN 99-1 January 28, 1999 CONTRACT CNT-001 SERVICES AND EQUIPMENT The following services and equipment are included in the Department of General Services, Telecommunications Division Contract CNT-001. Voice Network Services Local Usage Long Distance VNET Long Distance Access Advanced Intelligent Network (AIN) Toll Free Enhanced Toll Free 800 Enhanced Call Routing (ECR) Intemational Toll Free 900 Service Operator Services Calling Card Prepaid Calling Card Centrex Audio Conferencing Audio Conferencing Line Side Services Business Access Line Centrex ISDN Account Codes PBX Trunks SuperTrunk Service Voice Mail Custom Local Signaling Services (CLASS) Interactive Voice Response (IVR) and Call Router Automated Attendant/Call Routing ACD ACD/MIS Announcement/Music in queue Computer Interface (CompuCall) Service Intelligent Call Routing Data Services Dedicated Services Extended Dedicated Services SONET (Synchronous Optical Network) Ring and Access Services ISDN Pdmary Rate (ISDN) Switched 56 Switched T1/T3 Frame Relay Service and Asynchronous Transfer Mode Data Services InterLATA Frame Relay and ATM Extended Frame Relay Managed Frame Relay Managed Extended Frame Relay Extended ATM ATTACHMENT BULLETIN 99-1 January 28, 1999 .Additional Services Billing Products .Other Services Intemet Fax Broadcast Network Consulting Network Management Eauipment Electronic Business Sets Frame Relay and ATM Equipment Videoconferencing Systems ISDN Equipment Analog Telephone Sets ISDN Telephone Sets Digital Telephone Sets DGS makes BUSINESS EASIER GU STOME RS MAKE IT CONSISTENT. MAKE IT RELIABLE. MAKE IT RIGHT. Today, we find ourselves riding the wave of ever more rapidly changing technology that is propelling us at b,'cak,~ccl< speed toward thc new millcnnitzm. Wc arc Imrticipants i,~ thc infi~rmation age; and it is certain that the world will be different because of it. Working together, we must prepare business solutions that equal the challenge-solutions that make business consistent. Make it reliable. Make it quick. Make it right. The Department of General Services has positioned itself to help its public-sector customers thrive in this challenging new environment. Our name, "General Services," aptly describes what wc do. Our focus encompasses many areas; our activities and the breadth of our expertise touch on virtually every aspect of California's vast governmental opo'ations. When called upon, we bring the full range of our capabilities to assist public-sector organizations in attaining their business objectives. We are knowledgeable about virtually every aspect of the state's business and management operations; therein lies our strength. DGS specializes in finding effective solutions to government's business challenges. Wc want all state and local agencies, as well as ()L~r friends in imblic cclt~cati~)n, l<now they can take thll advantage of our services. It helps to have an ally in the business of government; we strive to make your business easier for yotd This publication highlights the broad range of service areas public-sector entities use every day. to make their business easier. To learn more, call tls today, 916.445.4145, or visit our web site, http://www, dgs.ca.gov. KEY CUSTOMER WI'liS The State of California purchases more than $4 billion a year in products and services. DGS has worked with state agencies, the Legislature, and thc (;ovcrnor to streamline processes, acid consistency, and make your work easier. BUYING, SELLING, DEVELOPING REAL ESTATE The Real Estate Services Division (RESD) evaluates the feasibility of proposed state building projects. Successful and recent examples in the Sacramento area include the Capitol Area East End office complex (1.47 million square feet) and the Department of Corrections headquarters (750,000 square feet). During the legislative 'process, RESD's technical support played a key role in moving both projects forward. ]'his division als() worked to ~lcilitate tile land use process ill tile sale ora 139-acre state-owned site in tile Silicon Valley. By clearing title issues, the state was able to sell this property to a technology firm for $91 million, far above the site's $35 lnillion value without entitlements. CONTRACT INFORMATION VIA THE INTERNET The Office of Small Business Certification and Registration increased tile useft, lness of the California State Contracts Register (CSCR) by placing it on the Internet. The CSCR announces bid information on a daily basis for construction, service, and commodity contracting opportunities. This electronic version greatly enhances the contractor's ability to view bid information. Cities, counties, special districts, and even contractors are now able to advertise in conjunction with bid announcements. PURCHASING EFFICIENCY The CAL-Card purchase card dramatically reduced the huge volume of paperwork associated with routine purchases made by state employees. It also speeds up the acquisition of needed supplies, allows prompt payment, and helps change private-sector attitudes about selling to government. The CAL- Card program saves nearly $25 per transaction; that adds up to more than $14 million per )'ear. TRANSPORTATION SOLUTIONS In addition to the state vehicle fleet, DGS makes commercial car rentals available in 95% of California's cities. The Office of Fleet Administration contracts with multiple car rental companies to increase vehicle availability for your organization's convenience. Rental companies guarantee low government rates which include collision and liability protection. ENHANCED LOAN INFORMATION GS SMart©, the state's financial marketplace, recently received national recognition as an industry leader in the government financing arena. Utilizing the Internet, GS SMart© allows agencies to compare and secure market loan rates from lenders nationwide. To date, GS SMart© has saved the state over $8 million in interest costs, and agencies report a 60 percent reduction in finance processing time. STREAMLINED ACQUISITIONS 'l'he California Multiple Awards Schedule (CMAS) pr()gram maximizes buying power and eliminates lengthy bid processes tbr state hnd local agencies and public schools. Choose high-quality products and services from over 1,600 state contracts at cost-saving prices. Public-sector entities have purchased over $900 million in products and services through this program. BUILDING SCHOOLS Recently, DGS streamlined the public school construction process. By working closely together, the Division of the State Architect and the Office of Public School Construction effectively manage human and financial resources in the construction and renovation of school properties. Thc department is also using the Internet to make it easier for school districts to stay up to date on project status. PRIVATE-SECTOR ~PARTNERSHIPS 'li:lecommunications Division is moving to CALNET, the state telecommunications 'l'he tmblic/privatc partnership will more effective services at dower rates, that California remains on the cutting ~munication technologies. BUSINESS Acquisition Solutions OFFICE OF FLEET ADMINISTRATION Vehicles OFFICE OF LEGAL SERVICES Service Contracts OFFICE OF RISK AND INSURANCE MANAGEMENT Insurance OFFICE OF STATE PUBLISHING Printing Procurement OFFICE OF SMALL BUSINESS CERTIFICATION & REGISTRATION Preference/Participation Programs PROCUREMENT DIVISION Commodities Consulting Information Technology Transportation Management REAL ESTATE SERVICES DIVISION Energy Modular Furniture Real Estate TELECOMMUNICATIONS DIVISION Telecommunications Busiuess Community Solutious OFFICE OF SMALL BUSINESS CERTIFICATION & REGISTRATION Contract Advertisement Disabled Veteran Business Enterprise Enterprise Zone Act How to Contract with the State Prompt Payment Small Business Certification Small Business Preference Subscription Outreach Service Target Area Contract Preference Act PROCUREMENT DIVISION Bidder's Lists Supplier Based Management Communication Solutions TELECOMM UNICAIIONS DIVISION 9-1-1 Consulting Data Transmission Facilities Management FCC Licensing Microwave Networks Mobile Radio Systems Pay Phones Public Safety State Telephone Directory Telephone Service & Equipment Dispute Resolution Solutions OFFICE OF ADMINISTRATIVE HEARINGS Adjudicative Hearings Arbitration Mediation OFFICE OF STATE PUBLISHING Printing Contracts PROCUREMENT DIVISION Contract Management and MAt How 1~ Financial Sol OFFICE OF Credit Card DGS Charge C~d Fuel Card Travel Card OFFICE OF Accounting Budgeting OFFICE OF School ~~ State Al~t~ OFFICE OF Paid Adv~ PROCUREME~ D Procure~ ~ Proj~l R~ TELECOMMUN~ Calling ~ Human R~o~ OFFICE OF Emplo~ R~ Lair R~ Payr~ Pe~o~ ~ Retum-t~ btsurance ~& 0~ O~ ~ MANAOEME~ Acc~l ~ Oaim ~ Inau~ ~ Riak ~ Safe~ s~ ~ w~'~ om~ ~ ~ A~ Main~ o~ ~~ Partnerships S E RVE Organizations experienced more change during the 20th century than any other time in history. Our world shrunk while our economy went global; we left the machine age and rocketed into the information age. It's little wonder all of us in the public sector and education are under constant pressure to perform in new ways. Staying ahead isn't always easy. Keeping pace with evolving expectations and maximizing scarce resources are more important than ever. Understandably, California citizens challenge all of us to find more efficient and productive ways to extend services-to "do more with less." I,et us help you overcome your business and management challenges by applying proven solutions that deliver results! PARTNER IN PROGRESS At DGS, we have upgraded our own operations to become more efficient and streamlined. Key to our new approach is a strong customer focus-one that delivers solutions specific to your unique needs. To get these results, we put our extensive expertise and government knowledge to work for you. We provide the information that allows you to make the best decisions possible-decisions that bring recognition to you and your organization. If your situation calls fbr using "out of the box" thinking, then we will do it. In contemporary government, innovation is a critical success factor. Whatever your agency needs, we find solutions that fit. If we can't do it ourselves we help you find someone who can. We help you find solutions that result in greater efficiency, productivity, and performance throughout your operations. Think of us as a partner in progress. We're with you every step of the way, meeting your needs as you serve California's citizens. BOTTOM-LINE SOLUTIONS You need sufficient and reliable information when it comes to making critical business decisions that affect your operation. 'lb create a meaningful advantage, you need to make choices that are creative and relevant to your goals, to make cost-effective decisions, and to chart your long-term direction wisely. You have an ally. DGS is capable and prepared to deliver reliable information and to provide bottom-line solutions tailored to your organization's unique business and management needs. MAKE IT CONSISTENT MAKE IT MAKE IT MAKE IT RIGHT F~O~ · ~$×TD Canyon Madera Centro Segundo Eureka FairfHid Bragg lnglewood Cove Jisun City Buena:venture Clara Pablo Leandro Lake Tahoe Clarita Inion City c~j Program Mgt & Rdmin Sec PHONE NO. ' 916+657+92~8 ;ALN ET CO.NTRACT__C NT~00t. ............. i. SCHooL DISTRiC'~-$ .......... ~S(~L S U--~-V~RSITIES Alameda " ~br~ ' Ofc. of Ed. Calavas, Ofc of Ed, Contra Costa Contra Costa, OFE Contra Costa, Fire Proctecfion IFresno Oft of Ed Fresno Housing Authority Glenn Humboldt Humboldt, Ofc of Ed Kings, Ofc of Ed Marin Marin Housing Mendocino Mendocino, ore of Ed Milpitas Modesto Nape Nevada Nape C°['Ofc of Ed. Plumes Co, Ofc of Ed. Placer Co. Ofc of Ed. Placer Plumes Sutter Co. Ofc of Ed ~'~'i~no Co. Oft of Ed Shasta Sutter Sonoma Siskiyou ...... SiskJyou Co. Oft of Ed Stanislaus Joaquin CO. Oft of Ed. San Joequin Tuolumne Tulare Yoio Alum Rock Union Armona Union Antiock Arvin Union Atascadero .... ArCadia Bakersfield ~it~ SD Bern/essa Union Biggs Brett Hart .,, Burbank-- Calaveras Caliente Ca]!.f:. Polytecnic Univ, Fresno Univ. C~U Northridge CSU Stanislaus Calistoga Center Chatom Clovis College of the Siskiyous Columbia )ton Cuesta College Culver City USD Dixie Dixon Delano Union view Eureka Filmore Fairfield Suisun Farmersville USD Fol$om Cordova ..... FoothilI-Deanza Fort Bragg ....... Fortune Union Fremont Fresno Gait Garvey Glendale Grant Greenfield Union Granada Gr..o_.s. smont-Cuyamaca Humboldt State Univ. Hartford Elementary Hanford Joint Union Hamilton Union Jamestown Kings River-Harwigk~ (ingsbu~l High Kit Carson MI~LL~NEOUS LOCAL GOVERNMENT Assoc, of Bay Area Govmts, South Beach Harbor Menlo Park Fire '~li .l:x~rn. o Community Services No. Bakersfield P~rks and' Re Palomar Pomerado 'Health sY' SMUD ~--.. .... So, Matin Fire Dist .~ ~al~-~'o Irrigation Dist So. Tahoe Public Utilities Twin Cities Police Tuolumne Utilities District ... Kl~rn 29 1999 04:26PM P2 FROM · DGS×TD Program Mgt I Admin Sec PHONE NO. ' g16+GST+g238 :Kelseville Kentfietd Kono~ Lemoore ~'a Cefade Lake Tahoe ~.L. akeport Los Rios Communi~ Co]teee Lakeside Elementary Las Vi~genes Lodi Ma~tinez Lake City Middletown Modesto City Mo java ue Monrovia Montebello Moreland Mount shasta ..... Nap,a, Valley Northern Humboldt Nevada Co, Superintendent. Nicasio Nevada City Novato Norri~ Oak Park Po~etville Peralta Community College ~,Pioneer 1 Plaza Potter Valley Community Point Area Pajaro valley 'Penryn Rosedale Rio Dell Reef Sunset Richland-L~rdo Sacramento City San Rafael City Solano Community College Saddleback Valley Valley San Caflo~ Sulphur Sp~ir~gs SO. Kern unir~d Selma Unified n Diego State Clara F~ancisco State Union Springs Tamalpais Union Twin Ridges Ju I. 29 lggg 04:26PM P3 FROM · DGS×TD Program Mgt & Rdmin Sec PHONE ND. ' 916+697+9238 Jul. 29 1999 04:27PM P4 ~ple City .... ~Tmcy Tuolmne Co, SupednL ...... tempi?ton Tehachapi UC Ofc of the PresJdertt Ukiah Upper Lake Ventura Co. Superint. '~ .... Yentura Unified V~c~vil[e Weet~ille College Woodlake Union I~lementary WestQrn Placer Unified Willow Cr~k Wiilits Unif~d '~ashington Yuba ..City Yrel~a Union BIDDING SCHEDULE ITEM QUANTITY DESCRIFFION AND UNIT PRICE BID EXTENDED NO. in writing and in figures AMOUNT FOR I ITEM 1. 1.0 L.S. Traffic Control for a lump sum price of 2. 2,351 C.Y. Grind Existing Roadway Structural Section for a price per cubic yard of 0 3. 4,920 Tons Asphalt Concrete for a price per ton of 4. 1.0 L.S. Traffic Striping for a lump sum price per of Spec. No. 99-05 46 c:\projects\streets\99-05spe TOTAL BID AMOUNT · In case of discrepancy between words and figures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar' days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of 00A~ /4 ,19 G ~. Licensed in accordance with an act providing for the registration of Contractor's License No. o? {:, 5/ ~' 3 ~}, expiration date //.~-~ ~_{9 -' ~q' THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. ~ es Signa~ofhidder or bidders~ with []siness address: i , _ . . , Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. c:\projects\streets\99-05 47 Spec. No.99-05 FAIR EMPLOYMENT pRACTICES CERTIFICATION · The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. URBAN COLLECTOR REHABILITATION PROJECT ! 1998 ~;spAecUiGficatM~ionNTNAoTI. 909N_05PROJECT' Business Mailing Address: Business Location: 4 .:. (The bidder shall execute the certification of this page prior to submitting his or her proposal.) c:\projects\streets\99-05 49 Spec. No.99-05 AGENDA SUMMARY ITEM NO. 61~ DATE: AUGUST 4, 1999 REPORT SUBJECT: AWARD OF CONTRACT FOR URBAN COLLECTOR REHABILITATION PROJECT, SPECIFICATION NO. 99-05, TO PARNUM PAVING IN THE AMOUNT OF $308,100 AND APPROVE BUDGET AMENDMENT In response to the City's Notice Inviting Bids dated June 8, 1999, the City Clerk received and opened three (3) sealed proposals on July 14, 1999, for the Urban Collector Rehabilitation Project. The lowest responsible bidder is Parnum Paving with a total bid of $308,100. The Engineer's Cost Estimate is $380,941. The work involves the removal and replacement of the existing pavement section to a four (4) inch depth for Oak Street between Henry and Mill Streets, and Grove Avenue from Live Oak Avenue to Bush Street. State funds from the 1998 Surface Transportation Improvement Program (STIP) in the amount of $381,000 were allocated to this project on May 17, 1999, upon application by the City. On June 16, 1999, the City Council authorized the Mayor to execute the Administering Agency-State Master Agreement for State funds and the Project Specific Program Supplement for this project, and on July 12, 1999, upon receipt of the Agreement and Supplement from the State the Mayor executed the documents. CONTINUED ON PAGE 2 i~ RECOMMENDED ACTION;/'~.. Award the Urban Collector Rehabilit~!on Project, Specification No. 99-05, to Parnum Paving in the amount of $308,100./Y.~. Approve amendment to the 1999/2000 budget authorizing the expenditure of up to $5,000 in Account No. 301.9801.250.000 (Gas Tax Fund No. 2107) to ensure that all State funds allocated for this project are expended. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract is not in the best interest of the City and instruct Staff to inform Caltrans and MCOG that it will not be proceeding with the project. 2. Do not approve the budget amendment of $5,000. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Rick H. Kennedy, Director of Public Works/City Engineer ~.~ Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Bid Summary Tabulation. 2. Bid from Parnum Paving. 3. Budget Amendment Worksheets. APPROVED'. '~dace Horsley, City M~a~nager RHK:kk R:I~PW APARNUM Award of Contract for Urban Collector Rehabilitation Project, Specification No. 99-05, to Parnum Paving, in the Amount of $308,100 August 4, 1999 Page 2 This is a reimbursement program and the State will remit project funds in the arrears on a monthly basis upon receipt of the City's monthly progress pay invoices. Only the construction phase for this project has been allocated State funding; design has been completed at any expense. Further, if the project exceeds the allocated State funding level, the City Will have to use other funds for those project costs exceeding the allocated funding level. The project is subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997. The funds allocated for the construction component are subject to an award deadline and contract completion deadline. In executing the program supplement, the City has agreed to award the contract within 12 months of the construction fund allocation (from May 17, 1999) and complete the construction contract within 36 months of award. If awarded on August 4, 1999, the contract specifies that the contractor must complete the work no later than November 1, 1999, assuming that the City executes the contract and provides Notice of Execution to the contractor on August 23, 1999. The bid amount of $308,100 is 80.9 percent of the maximum allocation amount leaving a balance of $72,900. Caltrans Local Programs has verified that the City may expand the limits of the approved project area for the purpose of expending its entire allocation as long as the Mendocino Council of Governments (MCOG) is notified of the project expansion, that the expansion will occur within those streets named in the applications, that the condition of the expanded area is similar to the original project area as described in the Project Study Report (PSR), and that the proper CEQA review is performed. If there are no unforseen conditions encountered during the construction of the original contract work, and installed quantities conform with estimated quantities, the City Engineer will issue a Change Order to expand the project limits as follows (listed in order of highest priority): . . Grove Avenue from Bush Street to Pine Street. Pavement Condition Index (PCI) of 23. Oak Avenue from Low Gap Road south until project funds are expended (approximately to Cypress). PCI of 12 Approximate costs for items one and two above are $19,000 and $42,000 respectively. This is a Unit Item contract; compensation for the performance of the work will be based on unit item prices bid for contract item quantities actually installed. Because this is a Unit Item contract, and because actual quantities are verified after the work has been completed, staff cannot guarantee expenditure of all State funds without having a small financial cushion. Staff is therefore requesting the City Council authorize the expenditure of up to $5,000 of unobligated Gas Tax fund balance, to ensure that every dollar of State funds are utilized for this project. A budget amendment is necessary to allow this maximization of State funding. All eligible expense will be charged against the State funds and local monies will only be used if costs exceed the amounts from the State. The bid total is based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. RHK:kk R:I\PW APARNUM ooo 0 0 0 0 ~ o d o g = o g ~ o 0 o o ~~ ~ go o o o z o d o o o o o o o o ~ o o z 6 6 d o ~ o ~ o ~ 0 0 -- 0 0 0 m o 6 6 o ~ ~ ~ ~ 0 o o o o o o o ~ o o ~ o o ~ 0 ~ ~ o~ -- o o ~ ~ g o o o ~ o o ~ o o ~ 0 o ~ o ~ o o U o o o o ~ ~ o ~ o ~ ~ o o 0 0 0 0 ~ ~ ~ m ~ - ~ - BIDDING SCHEDULE ITEM QUANTITY DESCRIFFION AND UNIT PRICE BID EXTENDED NO. in writing and in figures AMOUNT FOR ITEM 1. 1.0 L.S. Traffic Control for a'lump sum price of I/ 2. 2,351 C.Y. Grind Existing Roadway Structural Section for a price per cubic yard of - ~o,~o / 3. 4,920 Tons Asphalt Concrete for a price per ton of ,~Y~ coq __ 4. 1.0 L.S. Traffic Striping for a lump sum price per of · Spec. No. 99--05 46 TOTAL BID AMOUNT In case of discrepancy between words and figures, the words shall prevail. We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of dUt.~ lc~ , 19qcl · Licensed in accordance with an act providing for the registration of Contractor's License No. ~'"{ ~ ht ,) 2. , expiration date 1L-3t-qq · THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: .~- . ! Notice: ~ the case of a coq)oration, give below the ad~esses of the principal office thereof and names and ad~esses of the President, Secretary, Treasurer. ! c:\projects\streets\99-05 47 Spec. No.99-05 SIGNATURE(S) OF BIDDER Accompanying this proposal is ~ ~ D L~ 6 0_~5 Q) e~ ~ ~ (insert the words ~cash ($)M, ~cashier's check' or Mbidder's bond', as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co- partnership, provide the true name of firm and also the names of all individual co-parmers composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. Signature(s) of Bidder: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-parmership, the true name of the firm shall be set forth above together with the signature of the parmer or parmers authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of AttorneY must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: 5a Tc, (R ,sq, qSqc2_. Dated c:\projects\streets\99-05 59 Spec. No.99-05 Z 0 ~mm~mmm BUDGET AMENDMENT WORKSHEET GAS TAX #2107 - FUND #301 Budgeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/2000 66,351 126,000 (152,000) 40,351 Adjustments made during the fiscal year: Date Approved 8/4/99 Orchard Ave change orders 8/4/99 Urban Collector project 8/4/99 Local Roads project Account No. 301.9816.250.000 $ 301.9801.250.000 $ 301.9802.250.000 $ (24,000) (5,000) (5,000) Revised ending fund balance 6/30/2000 $ 6,351 RESERV00.XLS 7/29/99 Page 1 Funds 300; 301;302; 303 AGENDA SUMMARY ITEM NO. 6 ] DATE: AUGUST 4, 1999 REPORT SUBJECT: AWARD OF CONTRACT FOR LOCAL ROAD REHABILITATION PROJECT, SPECIFICATION NO. 99-04, TO AGRONAUT CONSTRUCTORS IN THE AMOUNT OF $463,772 AND BUDGET AMENDMENT In response to the City's Notice Inviting Bids dated June 8, 1999, the City Clerk received and opened three (3) sealed proposals on July 14, 1999, for Local Road Rehabilitation Project. The lowest responsible bidder is Agronaut Constructors with a total bid of $463,772. The Engineer's Cost Estimate is $598,785. The work of the contract involves the rehabilitation of 17 local roads of the City's Maintained Street System. Rehabilitation will be accomplished by removing three (3) to four (4) inches of the existing pavement section and the replacement with three (3) to four (4) inches of new asphalt concrete for 16 of the 17 streets. The 17th location, Giorno Avenue, will require the removal and replacement of the entire road structural section and the installation of a subsurface drain. State funds from the 1998 Surface Transportation Improvement Program (STIP) in the amount of $599,000 were allocated to this project on May 17, 1999, upon application by the City. On June 16, 1999, the City Council authorized the Mayor to execute the Administering Agency-State Master Agreement for State funds and the Project Specific Program Supplement for this project, and on July 12, 1999, upon receipt of the Agreement and Supplement from the State, the Mayor executed the documents. CONTINUED ON PAGE 2 RECOMMENDED ACTION: 1. Award the Local Road Rehabilitation Project, Specification No. 99-04, to Agronaut Contractors in the amount of $463,772. 2. Approve amendment to the 1999/2000 budget authorizing the expenditure of up to $5,000 in Account No. 301.9802.250.000 (Gas Tax Fund No. 2107) to ensure that all State funds allocated for this project are expended. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract is not in the best interest of the City and instruct Staff to inform Caltrans and MCOG that it will not be proceeding with the project. 2. Not authorize the budget amendment of up to $5,000. Citizen Advised: N/A Requested by: Rick H. Kennedy, Director of Public Works/City Engineer ~/~ Prepared by: Rick H. Kennedy, Director of Public Works/City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Bid Summary Tabulation. 2. Bid from Agronaut Constructors. 3. Budget Amendment Worksheets. APPROVED~~------~~? ~ Candace Horsley, City ~anager \ RHK:kk R:I~W AAGRONAUT Award of Contract for Local Road Rehabilitation Project, Specification No. 99-04, to Agronaut Constructors, in the Amount of $463,772 August 4, 1999 Page 2 This is a reimbursement program and the State will remit project funds in the arrears on a monthly basis upon receipt of the City's monthly progress pay invoices. Only the construction phase for this project has been allocated State funding, design has been completed at City expense. Further, if the project exceeds the allocated State funding level, the City will have to use other funds for those project costs exceeding the allocated funding level. The project is subject to the timely use of funds provisions enacted by Senate Bill 45, approved in 1997. The funds allocated for the construction component are subject to an award deadline and contract completion deadline. Upon executing the program supplement, the City has agreed to award the contract within 12 months of the construction fund allocation (from May 17, 1999) and complete the construction contract within 36 months of award. If awarded on August 4, 1999, the contract specifies that the contractor must complete the work no later than December 1, 1999, assuming that the City executes the contract and provides Notice of Execution to the contractor on August 23, 1999. The bid amount of $463,772 is 77.42 percent of the maximum allocation amount of $599,000 leaving a balance of $135,278. Caltrans Local Programs has verified that the City may expand the limits of the approved project area for the purpose of expending its entire allocation as long as the Mendocino Council of Governments (MCOG) is notified of the project expansion that the expansion will occur within those streets named in the applications, that the condition of the expanded area is similar to the original project area as described in the Project Study Report (PSR), and that the proper CEQA review is performed. If there are no unforseen conditions encountered during the construction of the original contract work, and installed quantities conform with estimated quantities, the City Engineer will issue a Change Order to expand the project limits as follows (listed in order of highest priority): . Mendocino Drive from Dora to Mendocino Place. Pavement Condition Index (PCI) of 16. Approximate costs $91,000. . Wabash Avenue from Dora to Doolan Creek. PCI of 17. Approximate costs $36,000. . Mendocino Drive from Mendocino Place to Hillcrest Avenue. PCI of 17. Approximate cost $17,000. This is a Unit Item contract; compensation for the performance of the work will be based on unit item prices bid for contract item quantities actually installed. Because this is a Unit Item contract, and because actual quantities are verified after the work has been completed, staff cannot guarantee expenditure of all State funds without having a small financial cushion. Staff is therefore requesting the City Council to authorize the expenditure of up to $5,000 of unobligated Gas Tax fund balance, to ensure that every dollar of State funds are utilized for this project. A budget amendment is necessary to allow this maximization of State funding. All eligible expenses will be charged against the State funds and local monies will only be used if costs exceed the amounts from the State. The bid total is based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. 0 0 0 0 0 0 0 O! 0 0 0 0 0 0 0 0. i ~- ,5 ~ ~ d d o o ~ z o (-3 ~3 o ~ o ~ o o ~ o o o o o o o o o o ~ - o ~ ~ o d o d ~o~ ~ o ~ ~ ~ ~ ~ o ~ ~ 0 ~ ~ ~ ~ ~ 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ o o o ~ o o o  o o o o o o 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ o ~ ~ ~ o ~ o ~ o o ~ z o ~ o ~ ~ ~ o ~ ~ o ~ ~ ~ 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ d o d o d d ~ o ~ z ~ o ~ ~ ~ ~ ~ ~ ~ ~ o o o o o o o o ~ o o o o o ~ ; ~ o ~ ~ o z 0 u z o ~ u ~ Z ~ ~ Z ~ o ~ o ~ ~ ~ ~ o ~ ~ Z ~ ~ ~ ~ o o o ~ o z ~ z ITEM NO. . o . Spec. No. 99--04 QUANTrrY 1.0 L.S. 2,936 C.Y. 396 C.Y. 263 C.Y. BIDDING SCHEDULE DESCRIYrION AND UNIT PRICE BID in writing and in figures Traffic Control for a lump sum price of Grind Roadway Structural Section for a price per cubic yard of Roadway Excavation for a price per cubic yard of Class 2 Aggregate Base for a price per cubic yard of _ EXTENDED AMOUNT FOR ITEM c :\projects\streets\994)4spe 5. 6470 TONS Asphalt Concrete Pavement for a price per ton of ! 6. 556 L.F. Underdrain for a price per linear foot of /Kac 7. 1.0 L.S. Traffic Stripia~ for a lamp s~m price of - TOT~ B~ ~O~ / In case of discrepancy between words and figures, the words shall prevail. c :\projects\strcets\99-O4spe 49 Spec. No. 99-04 We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is read)' for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of_ ,J ~J Licensed in accordance with an act providing for the registration of Comractor's License No. I "({ q ~ 2-, expiration date 12-3{-qq - THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. Spec. No. 09-04 50 c:\projects\streets\99'O4spe SIGNATURE(S) OF BIDDER Accompanying this proposal is /3 ~ lb p C- 0.-.'~ ~ ~ ~ D (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co- partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. Signature(s) of Bidder: NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-parmership, the true name of the firm shall be set forth above together with the signature of the partner or parmers authorized to sign contracts in behalf of the co-partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: (2.asa CA Dated c:\projects\streets\99-O4spe 61 Spec. No. 99434 Ltl 0 >. z_>' ~ >' 0 BUDGET AMENDMENT WORKSHEET GAS TAX #2107 - FUND #301 Budgeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/2000 66,351 126,000 (152,000) 40,351 Adiustments made during the fiscal year: Date Approved 8~4~99 Orchard Ave change orders 8/4/99 Urban Collector project 8/4/99 Local Roads project Account No. 301.9816.250.000 $ 301.9801.250.000 $ 301.9802.250.000 $ (24,000) (5,000) (5,000) Revised ending fund balance 6/30/2000 $ 6,351 RESERV00.XLS 7/29/99 Page 1 Funds 300; 301;302; 303 ITEM NO. 8a DATE: AUGUST4, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION REVISING CAPITAL IMPROVEMENT FEES FOR THE AIRPORT INDUSTRIAL PARK (ALP) - CONTINUED FROM JULY 7, 1999 Staff is requesting a continuance of the Public Hearing until the meeting of August 18, 1999, for the purpose of allowing sufficient time for the performance of an appraisal of the revised land acquisition proposal, northeast corner of State Street and Hastings Road. Correspondence to the appraiser concerning this matter is attached. RECOMMENDED ACTION: Continuance of Public Hearing to August 18, 1999. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Correspondence to Gary Fulbright, MAI Horsley, Candace Ci~~anager RHK:kk R:I~W AFEES.3 300 SI UKIAH, CA 95482-5400 · ADMIN. 70?/463-6200 ' PUBLIC SAFETY 463-6242/6274 ' · FAX II 707/463-6204 · July 19, 1999 Gary Fulbright, MAI HARDING APPRAISAL COMPANY, INC. 3000 Cleveland Avenue, Suite 204 Santa Rosa, California 95403 RE: THE LANZ PROPERTY, 1195 SOUTH STATE STREET APPRAISAL REPORT DATED OCTOBER 8, 1997 Dear Gary: The City of Ukiah is currently conducting public hearings for proposed revisions to the Capital Improvement Fees which are imposed on development within the Airport Industrial Park. The Capital Improvement Fees will pay for offsite public improvements that are needed to mitigate impacts by reason of the development within the Airport Industrial Park. As you recall, the proposed widening of Hastings Avenue at South State Street was one of several identified improvements and that the City was proposing to acquire the Lanz property at 1195 South State Street to accommodate the proposed widening. Your appraisal report dated October 8, 1997 was utilized to establish a value for the acquisition of the entire Lanz parcel. _ The City is considering a modification of the proposed widening which would necessitate the acquisition of only a portion of the Lanz property. I have identified two alternates which are depicted on the enclosed plans. Alternative 1 - would involve the acquisition of the southerly six feet (6') of the Lanz parcel and an irregular ~haped piece near the northeast curb return. Total land acquisition would be 1,596 square feet. Under this Alternative, three mature trees would be removed, however, the residential structure would remain. Under this Alternative the proposed left- turn lane for the Hastings leg would be offset six feet (6') with the proposed left-turn lane for the Washington Street leg. Alternative 2 ,- would involve the acquisition of the southerly 11 feet, and an irregular shaped piece near the northeast curb return. Total land acquisition would be 2,898 square feet. Under Alternative 2 it will be necessary to demolish the residential structure with the removal of three (3) mature trees. However, the existing structures supporting the Gary Fulbright July 19, 1999 Page 2 commercial use of the property would remain. Under this Alternative, the proposed left- turn lane for the Hastings leg would align with the proposed left-turn lane for the Washington Street leg. I request that you provide the City with an estimate of costs for the acquisition of the portions of the Lanz properly as described. From our telephone conversation of this morning, you believe it to be appropriate that a new survey of equivalent propedies be performed because of the age of the Appraisal Report dated October 8, 1997. You have also informed me that any quotation of land cost provided by a land appraiser certified with the California Appraisal Institute will require an appraisal and that the re-appraisal as requested can be completed within three weeks. The cost of the re-appraisal should be under $3,000. By copy of this letter, I am notifying the City Manager and the City Attorney of the time frame involved for the re-appraisal work. It will be necessary to continue the public hearing to the City Council meeting of August 17. Please submit your re-appraisal to this office no later than Wednesday, August 12, 1999, so as we may revise our project estimate accordingly. Thank you again for your assistance in this matter. Sincerely, Director of Public Works/City cc: Candace Horsley, City Manager David J. Rapport, City Attorney RHK;kk R:I~W LFULBRIGHT 300 , UKIAH, CA 95482-5400 · ^DMIN. 707/463-6200 · PUBLIC SAFETY 463.6242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty~jp$.net July 22, 1999 Gary Fulbright, MAI HARDING APPRAISAL COMPANY, INC. 3000 Cleveland Avenue, Suite 204 Santa Rosa, California 95403 RE: THE LANZ PROPERTY, 1195 SOUTH STATE STREET REQUEST FOR NEW ESTIMATE OF LAND ACQUISITION Dear Gary: As a follow-up to my' correspondence of July 19, 1999, requesting your services to provide an estimate of cost for the acquisition of portions of the Lanz property located at 1195 South State Street, it is imperative that the estimate include any loss in the market value of the remaining podion of the properly as a result of the City's proposed padial acquisition and subsequent widening of Hastings Road (i.e., severance damages). Under Alternative 1 acquisition for example, I foresee a loss of privacy and increase in noise levels (road, sidewalk, and traffic closer to the house) and the loss of shade (removal of three mature trees along the southern exposure). Under Alternative 2 acquisition, would the acquisition of the house and its subsequent demolition eliminate income producing potential (rents) for the remaining parcel? Please let me know if you have any questions concerning those issues which need to be addressed in the estimate cost for acquisition. Sincerely, Director of Public Works/City 'Engineer CC: Candace Horsley, City Manager David J. Rapport, City Attorney RHK;kk R:I~W LFIJLBRIGHT2 '~(/e Are Here To Serve" ITEM NO. 8b DATE: August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENT THERETO FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM. The purpose of this Public Hearing is to invite comment from the public regarding the City's interest in submitting an application for funds to the State Small Cities Community Development Block Grant (CDBG) Program. The proposed project is Revolving Loan Fund Analysis, Airport Business Park Infrastructure Financing Plan, Preparation of Grant Applications, and Implementation of Grant Projects, which will identify whether adjustments are needed to the City's existing revolving loan fund program, and will identify how the City can finance infrastructure to the Airport Business Park, thus creating opportunities for business and job growth. The purpose of the funding is to principally benefit Iow-moderate income persons. The City is requesting up to $35,000 in CDBG funds, supplemented by local matching funds of $8,750. As proposed, this Grant funding will be used to compensate consultants for providing grant writing and economic development related services as describe above. Following the close of the Public Hearing, the City Council will take action on submission of the application to the State. Continued on Page 2. RECOMMENDED ACTION: 1. Hold Public Hearing and Adopt the Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Amend and approve the revised resolution. 2. Remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Michael Flad, Assistant City Manager Candace Horsley, City Manager 1. Resolution for Adoption. 2. Minutes of CDBG July 22, 1999 Public Hearing. 3. CDBG Notice of Funding Availability. APPROVED.(--~~? ~~'~~ Candace Horsley, City~l~nager Adoption of a Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program. August 4, 1999 Page 2 BACKGROUND The City of Ukiah is entitled to competitively apply for a maximum of $870,000 in Community Development Block Grant (CDBG) funding each fiscal year. That money is broken down into several categories. The following is an overview of the proposed CDBG funding allocation for the City of Ukiah, and staff's recommendations: Of the $870,000 total CDBG amount that can be allocated to the City of Ukiah each year, $800,000 must be dedicated to projects, and $70,000 can be utilized for Planning/Technical Assistance. The $70,000 Planning/Technical Assistance is further broken down into $35,000 for Economic Development Planning/Technical Assistance and $35,000 for General Allocation Planning/Technical assistance. Only the $35,000 application for the Economic Development Planning/Technical Assistance Grant Program application is being considered by the City Council at tonight's meeting. From the project eligible grant funding, $352,000 has already been awarded to the Ukiah Community Center (UCC) for construction of a new facility. This money was applied for by UCC and the City of Ukiah under the General Allocation Program. The City Council approved the UCC grant application in April, 1999 and has been notified by the State Housing and Community Development Department that the grant will be funded. Since the combined total of the General Allocation and Economic Development project grants cannot exceed $800,000 each year, the City of Ukiah is eligible to competitively apply for an additional $448,000 in economic development project funding. Staff is in the process of preparing an application for an Economic Development Program Grant which is due September 10, 1999. The Public Hearing for this grant application is scheduled for the September 1, 1999 City Council meeting. The Economic Development Grant is broken down into three sections, which total $448,000. Staff is recommending $308,000 be dedicated for the City's Revolving Loan Fund. These funds will be lent to businesses in the form of "gap" financing to assist in the creation of jobs. An additional $100,000 is recommended for public infrastructure improvements. These funds are used to provide public infrastructure that leads directly to the creation of jobs. The Airport Business Park is a potential target for these funds. And, $40,000 is recommended for supporting a local micro-enterprise program. These funds will be utilized to assist Iow income persons living in Ukiah to start their own business, expand an existing business, or transition from welfare-to-work. A collaboration with the WEST Company for the purpose of providing micro-enterprise services is being explored at this time. As stated previously, the City of Ukiah is eligible to apply for a $35,000 Economic Development, Planning/Technical Assistance Grant each year. Staff has completed the bidding process, held a public hearing (Attachment A) on July 22, 1999, and will present the proposed application and recommended contract service provider to the City Council at tonight's meeting. If approved, this grant will fund consultants to write future CDBG Economic Development Grants, USDA Grants, EDA Grants and REDIP loans, develop an economic development plan for the Airport Business Park, and improve our Revolving Loan Fund Program. Adoption of a Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program. August 4, 1999 Page 3 An additional $35,000 in funding under the General Allocation Planning/Technical Assistance Grant Program is also available on a competitive basis. Staff will begin preparing this grant as soon as the Economic Development Grants are completed. Staff recommends utilizing this grant to hire consultants to perform a CDBG General Allocation eligible project needs assessment, i.e. what needs to be done in the City that CDBG grants will fund. In addition, these consultants will write future grants. Similar to the Economic Development Planning/Technical Assistance Grants, the funds can be used not only to develop plans and surveys, they can also pay for grant writers to get the funding and then implement the plans. CDBG PUBLIC HEARING PROCEDURE Eligibility for CDBG grant funding is contingent upon adherence to the hearing process outlined in the Notice of Funding Availability (Attachment B). The following procedural information will be presented by staff at the hearing in compliance with the Housing and Community Development Act of 1974, the Federal Code of Regulations, 24 CFR Section 570.480 et seq., California Health and Safety Code Section 50833, and the California Code of Regulations Section 7050 et esq. PURPOSE The Public Hearing is held to invite comment from the public regarding the City's interest in submitting an application for funds to the State Small Cities Community Development Block Grant Program. The proposed project is Revolving Loan Fund Analysis, Airport Business Park Infrastructure Financing Plan, Preparation of Grant Applications and Implementation of Grant Projects, which will identify whether adjustments are needed to the City's existing revolving loan fund program, and will identify how the City can finance infrastructure to the Airport Business Park, thus creating opportunities for business and job growth. The purpose of the funding is to principally benefit Iow-moderate income persons. The City is requesting up to $35,000 in grant funds, supplemented by local matching funds of $8,750. Following the close of the Public Hearing the City Council will take action on submission of the application to the State. This procedure is part of the citizen participation requirements associated with CDBG funds. The City is one of approximately 180 communities in California eligible for these funds each year. NOTICING OF HEARING The Public Hearing has been advertised a minimum of 10 days, with information available at City Hall, and the instructions for submission of written comments if someone wishing to comment is unable to attend the meeting. An earlier Public Meeting was held July 22, 1999 which informed the public of the City's eligibility in the CDBG Program, and the types of uses for which these funds are intended. The meeting of July 22, 1999, was noticed five days in advance in the newspaper. ONGOING CITIZEN PARTICIPATION The City has and will continue to provide technical assistance to those individuals/organizations wishing to participate in the CDBG process. Adoption of a Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program. August 4, 1999 Page 4 ATTENDANCE SHEET CDBG requests that persons who are attending the meeting for the purposes of the hearing for the CDBG Planning/Technical Assistance Grant sign in on an attendance sheet. An attendance sheet is available at the speaker's podium. RECOMMENDATION Staff recommends the adoption of the attached Resolution Approving an Application for Funding and Execution of a Grant Agreement and Any Amendment Thereto From the Planning/Technical Assistance Allocation of the State Community Development Block Grant (CDBG) Program. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE PLANNING/TECHNICAL ASSISTANCE COMPONENT OF THE ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. WHEREAS, the City Council has reviewed and hereby approves an application for up to $35,000 for a Revolving Loan Fund Feasibility Analysis and Airport Business Park Infrastructure Financing Plan; and WHEREAS, the City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application; and WHEREAS, the City Council commits $8,750 toward the program from the General Fund. WHEREAS, the City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. WHEREAS, if the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments with the State of California for the purposes of this grant. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah hereby authorizes the City Manager to enter into and sign the grant agreement and any amendments with the State of California for the purpose of this grant. PASSED AND ADOPTED this 4th day August, 1999, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk B:RESI CDBG APPLIED DVLPT. ECON. TEL:916-441-~961 Jul 29,99 10:52 No.OO5 P.O~ CITY OF UKIAH RESOLUTION NO. 99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE PLANNING/TECHNICAL ASSISTANCE COMPONENT OF THE ECONOMIC DEVELOPMENT ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT. BE rr RESOLVED BY THE crrY COUNCIL OF THE CITY OF UKIAH AS FOLLOWS: SECTION 1. The City Council has reviewed and hereby approves an application for up to: --...~, $35,000 for a: Revolving Loan Fund Feasibility Analysis and Airport Business Park Infrastructure Financing Plan The City Council has reviewed the citizen participation plan for compliance with federal statute and has determined that this plan was followed for the development of this application. SECTION 3. · The City Council commits $8,750 toward the program, from the following sources for the following uses: Source of funds: Cky of Ukiah General Fund $8,750 SECTION 4. The City Manager is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application. SECTION 5. If the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments with the State of California for the purposes of this grant. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah held on August 4, 1999 by the following vote: AYES: NOES: ABSENT: Mayor of the City of Ukiah City Clerk of the City of Ukiah ATTACHMENT 11' RESO, LUTION OF THE GOVERNING BODY,(SAMPLE) An application for the State CDBG Program is to include, at minimum, the following information in a resolution. Applicants have the option to include any additional pertinent information. The Resolution must be a certified copy. RESOLUTION NO. A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENT THERETO FROM THE PLANNING/TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM. BE IT RESOLVED by the (City Council/ - ' ,of the (City/~) of c...,' ~ ~ ~.~ as follows: SECTION 1. The City Council has reviewed and hereby approves an application for up to: (list activity, title, and dollar amount) SECTION 2. The City Council has determined that federal Citizen Participation requirements were met during the development of this application. SECTION 3. ("-_4:.-:r.._;t.:,--)z [xl~ :(;7'-L," t'.-;~:o The City Council hereby ap_proves the use of (Source of funds) in the amount of $ ~, "2 $-- t/? to be used as the City's Cash Match for this project. SECTION 4. /v-q/x ~/'(v¢:ff2s hereby authorized and directed to act The (rifle of designated official[s]) ('' T~i ~ " on the City's behalf in all matters pertaining to this application. SECTION 5. If the application is approved, the (title of designated official[s]) (try9/,,'q ~xt4~ti,¢:"f~ authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant. 62 PASSED AND ADOPTED at a regular meeting of the City Council of the City of on by the following vote: AYES: NOES: held Name and Title City Council/Board of Supervisors STATE OF CALIFORNIA City/County of I, ., City/County Clerk of the City/County of. , State of Califomia, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council/Board of Supervisors on this~ day of ,19 Name, City/County Clerk of the City/County of , State of California By: Name, Title 63 ATTACHMENT "A" FISCAL YEAR 199912000 COMMUNITY BLOCK GRANT PROGRAM JULY 22, 1999 MINUTES PUBLIC ATTENDING STAFF ATTENDING Judy Pruden Sheilah Rogers, West Company Michael Flad Assistant City Manager Kathy Kinch Recording Secretary The public hearing for the Community Block Grant Program was called to order by Michael Flad, Assistant City Manager, at 4:06 p.m., in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Assistant City Manager Flad stated this public hearing is for the Fiscal Year 1999/2000 Community Development Block Grant program and to solicit citizen input. Maximum award limits include a total of $800,000 per year from the General and Economic Development Components combined. Up to $500,000 per application per year may be awarded from either the General Allocation or Economic Development Components. Grants up to $35,000 per year from the General Planning and Technical Assistance allocation, and $35,000 per year from the Economic Development Planning and Technical Assistance allocation may be awarded and do not count toward the $800,000 cap. The major activity categories are Planning and Technical Assistance; Housing-Acquisition; Housing-New Construction; Housing-Rehabilitation; Community Facilities/Public Services; Public Works; and Economic Development. Projects funded with CDBG funds must carry out at least one of the following National Objectives: Benefit to Targeted Income Group (TIG) persons or elimination of slums and blight. The City of Ukiah anticipates applying for the maximum grant amount of $800,000 under the General and Economic Development Components for housing rehabilitation and Reservation of Funds for small business loans, as well as the maximum grant amount of $70,000 from the General and Economic Development Planning and Technical Assistance Components. He advised the City of Ukiah has applied for a $352,000 grant on behalf of the Ukiah Community Center, leaving $448,000 remaining from the $800,000 cap. The City of Ukiah is currently requesting proposals for the Planning and Technical Grant on the economic Public Hearing for Fiscal Year 1999/2000 Community Block Grant Program Page 1 of 3 July 22, 1999 development issue. There are two issues that will be presented to the City Council within the next 30 days, the Planning and Technical Assistance Grant for $35,000, and the Economic Development Grant in the amount of $448,000. The Economic Development grant application, as proposed by staff, is divided into three components. $100,000- Infrastructure improvements. $40,000 - Microenterprise. $308,000 Revolving loan fund program. He noted the City currently has small amount of CDBG funds in a revolving loan fund. Staff is asking for public input and comment on the use of the Technical Assistance Grant Funding and disbursement of the Economic Development component. Sheilah Rogers, Executive Director of West Company, stated West Company was established 11 years ago as a non-profit organization, operating throughout the County of Mendocino, with offices in Ukiah and Fort Bragg. West Company provides training for business plan development, on-going consulting for the planned development, access to credit through a microloan fund, and referral to other credit services for both start-up and existing microenterprises. They continue to provide on-going assistance during the life of the loan and as a business grows, stabilizes, and expansion. The West Company is funded by CDBG funds from the County of Mendocino and the City of Fort Bragg, however, there are currently no funds to support the microenterprises in Ukiah. Microenterprises are businesses that have five or fewer employees including the owner. In 1998 West Company had 49 customers, with 25 receiving on-going training and consulting services for the development of a business plan or expansion of a business Of the total clients in 1998, the West Company provided services to 14% Ukiah based clients, 10 were referred to the Small Business Development Center; loans were given to three (3) businesses; eight (8) new startups, and four (4) expansions were the end result. The West Company is requesting the microenterprise be included in the CDBG application. Judy Pruden, 304 Hortense, Officer of the Board of Directors for West Company, stated it is very important that Staff select an individual or organization who has been able to provide and demonstrate production, a successful application process, and how successful in obtaining the full amount of the grant, for the grant writing of the $35,0000. She asked if successful in obtaining the full amount of the Revolving Loan funds, the funds would be used for the elimination of slums and blight or is there a TIG. Assistant City Manager Flad responded the Revolving Loan Fund program is monies loaned to businesses who must have 51% of their employees considered as Iow income. The funds are received from CDBG, deposited into a revolving loan fund, and as businesses demonstrate a need for funding, the funding will provide up to $35,000 for each new job created and the underwriting will be provided by the City. The business must Public Hearing for Fiscal Year 1999/2000 Community Block Grant Program Page 2 of 3 July 22, 1999 promise to provide new job creation with the national objective of servicing Iow and moderate income individuals. Ms. Pruden questioned that the application does not appear to have funding for physical structures. Assistant City Manager Flad responded the Request for Proposals is written for economic development consultant services. If the development of physical structures becomes the desire of the City Council, portions of the funding could be used for specific structural economic development. Ms. Pruden advised she has been contacted by the Saturday Afternoon Club, an 1885 building that is rented out to the public for special events. The Saturday Afternoon Club would like to increase their funding source to establish a maintenance fund. The Saturday Afternoon Club currently has no assistance for building maintenance. She has also been contacted by individuals who would like to renovate a 1905 church building. She expressed that historical buildings add to our community. Assistant City Manager Flad advised these two buildings may be eligible under the General Allocation for Technical Assistance. Ms. Pruden questioned the possibility that a portion of the Palace Hotel could be used for housing. Assistant City Manager Flad responded he will review the General Allocation for Technical Assistance to see if these requests will be qualified for assistance. Staff will be preparing this grant application before the end of the calendar year. PUBLIC HEARING CLOSED AT 4:25 P.M. ADJOURNMENT There being no further business, the meeting adjourned at 4:30 p.m. Michael S. Flad Assistant City Manager Kathy Kinch Recording Secretary Public Hearing for Fiscal Year 1999/2000 Community Block Grant Program Page 3 of 3 July 22, 1999 ATTACHMENT "B" NOTICE OF FUNDING AVAILABILITY Community Developmem Block Grant Program Planning/Technical Assistance Allocation Fiscal Year July 1, 1999 through June 30, 2000 TO/: STATE OF CALIFORNIA Department of Housing and Community Developmem Division of Community Affairs Community Development Block Grant Program (CDBG) P.O. Box 942054, MS 390-2 Sacramemo, California 94252-2054 Telephone: (916) 445-6000 Fax: (916) 323-6016 Website: http:/gnousing.hcd.ca, gov STATE OF CALIFORNIA GRAY DAVIS, GOVERNOR BUSINESS, TRANSPORTATION AND HOUSING AGENCY MARIA CONTRERAS-SWEET, SECRETARY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT JUDY NEVIS, ACTING DIRECTOR Division of Community Affairs William J. Pavao, Acting Deputy Director Community Development Block Grant Program Saundra Smith, General/Native American Allocation Program Secretary Teresa Errington, Economic Development Allocation Program Secretary General Allocation Lisa Phillips, Program Manager Stuart Baker Larry Davis Harry Faris Allen Jones Mimi Kawaguchi Joanne Kellmann Susan Kessler Rhoda Moser Economic Development Allocation John Turner, Program Manager James Bishop Jack Mahan Janet Myles TABLE OF CONTENTS Section 1' NOFA FOR THE P/TA ALLOCATION Page Number · Introduction ..................................................................................................... 1 · Funding allocations and availability ............................................................... 1 · About the P/TA Allocation ............................................................................. 2 Section 2: FUNDING ESSENTIALS · Application process ......................................................................................... 4 · Eligible applicants ........................................................................................... 5 · Ineligible applicants ........................................................................................ 5 · What activities the money can be used for ..................................................... 6 · Ineligible uses of funds ................................................................................... 7 Section 3: WHAT WILL BE NEEDED IN THE APPLICATION PACKAGE · Application requirements ................................................................................ 8 Section 4: AFTER A GRANT IS AWARDED · State contract process ...................................................................................... 9 Section 5: HOW TO REACH US FOR ASSISTANCE ...................................................11 Section 6: LIST OF ATTACHMENTS 1. P/TA Grant awards list for FY 98/99 - General ............................................ 14 2. P/TA Grant awards list for FY 98/99 - ED ................................................... 17 3. Eligible Jurisdictions, Cash Match Percentages &CDBG staff contact list. 20 4. Request for application ................................................................................. 26 SECTION 1: NOFA FOR THE P/TA ALLOCATION INTRODUCTION This document is the annual Notice of Funding Availability (NOFA) for Planning and Technical Assistance Allocation (P/TA) grants for the period July 1, 1999 through June 30, 2000 (Fiscal Year 99/2000). Program purpose P/TA provides funding in the form of grants to small cities and counties for planning and feasibility studies related to CDBG eligible activities such as: housing; public works; community facilities; and economic development. FUNDING ALLOCATIONS AND AVAILABILITY Two allocations P/TA funds are divided into two separate allocations: the General and Native American (G/NA) Allocation and the Economic Development (ED) Allocation. General and Native American Allocation Economic Development Allocation $2,713,258 $1,287,180 Limitations on grant amount · A total of $70,000 per applicant per fiscal year. · Of the $70,000, up to $35,000 for G/NA, $35,000 for ED. · No more than two grants per year for each $35,000 allotment. · No more than $70,000 for any G/NA or ED specific project can be funded in successive fiscal years, except if the project is for basemapping. In this case, no more than $35,000 can be funded. · No more than $70,000 on a combined G/NA and ED project. See the Application Package for more information on this item. When does funding run out Applications for grant awards are accepted and reviewed on a continuous basis during the year until the funds are fully committed. G/NA funds are generally available for the whole year. ED funds are generally exhausted by September or October of each fiscal year. ABOUT THE P/TA ALLOCATION A Federally funded program The State of California, Department of Housing and Community Development (HCD), administers a federal program known as the Community Development Block Grant Program ("CDBG") or "State CDBG"). HCD receives funds annually from the federal Department of Housing and Urban Development (HUD). Part of each annual allocation received from HUD is set aside by CDBG as the Planning and Technical Assistance Allocation, or P/TA. The P/TA component has been part of CDBG since 1989. Since that time, CDBG has awarded 786 grants totaling $21,772,258. HUD National Objectives Activities must meet a HUD national objective: . Targeted Income Group (TIG) Benefit. This means that if the P/TA study were implemented, at least 51 percent of the persons who benefit from the implementation earn less than 80 percent of the area median income (includes low and moderate income persons). CDBG publishes annual income limits by county. These are in the application package and are also available on CDBG's Home Page. . Preventing slums and blight. This means aiding in the prevention or elimination of slums and blight. The State CDBG program must make the determination that the proposed planning activity is reasonably related to an economic development project that would result in the elimination or prevention of a slum or blighted condition. G/NA P/TA studies are restricted to meeting only the first objective. ED P/TA studies can meet either of the two objectives. If the ED objective is to benefit TIG, then the planning activity must be reasonably related to an economic development activity which could result in the creation or retention of permanent, private sector jobs that will be principally (51 percent) filled by TIG persons; or The State CDBG program must make the determination that the proposed planning activity is reasonably related to an economic development project that would result in the elimination or prevention of a slum or blighted condition. Federal Overlay require- ments P/TA grants are subject to various HUD overlay requirements. These include but are not limited to: · Citizen participation · Environmental review · Procurement of services · Section 504 of the 1973 Rehabilitation Act For additional information, see the Application Package Authorizing legislation and regulations Federal Statute: Federal Regulations: State Statute: State Regulations: The Housing and Community Development Act of 1974 as amended Code of Federal Regulations, 24 CFR Section 570.480 et seq. California Health and Safety Code Section 50833 (Chapter 1144, Statutes of 1988) California Code of Regulations Section 7050 et seq. SECTION 2: FUNDING ESSENTIALS APPLICATION PROCESS When to apply Applications are accepted monthly and must be received in this office by 5:00 p.m. on the last working day of the month to be considered the following month. Facsimile applications will not be accepted. CDBG will open the application period for Fiscal Year 99/2000 during the month of June 1999. To be considered in July 1999, applications must be received by 5:00 p.m. on June 30th. CDBG will accept applications for the Fiscal Year 99/2000 through April 30, 2000. Applications must be received in the office by that date to be considered for FY 99/2000. Application package CDBG provides a standard application package. The package is available upon request in hard copy, on diskette (Microsoft Word), or by downloading from HCD's Home Page. The back page of this NOFA is an application package request form. Threshold requirements The application must meet threshold requirements to be accepted for review. If any of the required components are missing, CDBG will remm the application to the applicant for resubmittal after correction of deficiencies. Section 3 contains information about what is needed in the application package. Application review and award process CDBG Review. CDBG reviews the application by the middle of the month following receipt of the application. Applicants are notified of approval or denial by the end of that month. Grant Award. Successful applicants receive an award letter; unsuccessful applicants receive a denial letter and invitation to resubmit the application. The jurisdiction's state and federal legislators are also notified of awards. State Contract. Successful applicants will enter into a contract (also known as a "Standard Agreement") with HCD. ELIGIBLE APPLICANTS Eligible applicants · Cities with less than 50,000 residents · Counties with less than 200,000 residents Cities and counties may apply on behalf of other local entities, such as water districts, economic development corporations, and other non-profit community development organizations. Exceptions to eligible applicants If a city has entered into a three-year urban county cooperation agreement, it cannot participate in the State CDBG program until that agreement expires. If a city has been declared the central city of a Standard Metropolitan Statistical Area (an "Entitlement City"), it is entitled to receive CDBG funds directly from HUD and cannot participate in the State CDBG program. Joint Applications Applicants considering "on behalf of' or joint applications with one or more other eligible jurisdictions are advised to contact their CDBG Representative and discuss their proposal before submitting it to CDBG. If CDBG determines that an application is inconsistent with HUD's joint application or grant benefit policies, it will return the application to the applicants. INELIGIBLE APPLICANTS Reasons applicants are ineligible Three main reasons why an applicant might be ineligible to apply for funds: . Unresolved adverse performance or audit findings on prior CDBG grants. Applicants must have a good performance record on prior grants with CDBG to be considered for funding. Growth control measure is in effect at the local level. Housing element is not in procedural compliance with State law. Contact your CDBG Representative if you are unsure of your status. Reasons to waive ineligibility due to adverse performance Waiver of performance problems is possible if: · the findings result in no obligation to return funds to the grantor; or Reasons to · waive ineligibility due to · adverse performance continued satisfactory repayment or performance arrangements have been made with the grantor; or formal action has already been taken to resolve the problem. WHAT ACTIVITIES THE MONEY CAN BE USED FOR Types of projects The G/NA Allocation focuses on housing, public works, and community facilities such as day care centers, food banks, senior centers, homeless shelters, and medical clinics. The ED Allocation focuses on job creation and retention through business expansion and retention projects. Examples of eligible projects G/NA: affordable housing needs and/or development studies community facility feasibility studies (homeless shelters, day care centers and medical clinics) community needs assessments housing condition surveys infrastructure needs analyses and cost estimates writing grant applications to other funding sources ED: business attraction and job retention studies business incubator development feasibility studies business development feasibility studies infrastructure needs analyses and cost estimates related to business development or business retention projects writing grant applications to other funding sources expansion capital needs assessment and progress design INELIGIBLE USES OF FUNDS Ineligible activities The list that follows are examples only. CDBG encourages applicants to check with a CDBG Representative if they have questions about the eligibility of a proposed project. Ineligible Activin_ Exception Housing element preparation. Working engineering or architectural specifications/drawings and design costs related to a specific project. Day-to-day operations of local government or private or public organizations serving the community or region. Comprehensive, general or long range planning. · Comprehensive means the study was conducted for more than half of the geographic area in the jurisdiction, and includes two or more topics regarding the physical development of the jurisdiction. · General means the documents include summaries of broad policies or proposals that are not site specific. · Long-range means the time- frames for the policies and proposals are five years or more. Actual implementation of an activity. Examples are: · acquiring real property · business loans · construction · marketing materials · purchase of equipment · relocation Costs incurred for the preparation of that portion of the element in which affordable housing is addressed is eligible. General feasibility studies that include preliminary engineering, architectural or design costs are eligible. Comprehensive planning is allowed if the planning is carried out in a geographic area in which 51% or more of the residents are TIG as documented by the federal census and the applicant can document that the comprehensive plan will primarily benefit TIG persons. APPLICATION REQUIREMENTS Application documen- tation A complete application contains documentation that threshold requirements have been met. The main requirements are: · Cash match documented in a certified resolution of the goveming body · Citizen participation/public hearings documentation · Eligible activity meeting a HUD national objective · Eligible applicant · Environmental review certification · Growth control measures are not in effect · Housing element self certification · Joint Powers Agreement, if applicable · National objective documentation · Resolution of the governing body · Section 504 certification · Statement of Assurances For ED applicants only: If the planning study benefits an identified business, the business must commit in writing to proceed with implementing the project if the study shows implementation is feasible. The letter must also explain why the business is unable to pay for the cost of the planning study. Specific requirements, forms, and sample certifications are contained in the Application Package. SECTION 4: AFTER A GRANT IS AWARDED STATE CONTRACT PROCESS Contract Successful applicants will enter into a contract (also known as a "Standard Agreement") with HCD. The contract contains all the relevant State and Federal requirements, as well as specific information about the grant award and the work to be performed. Contract term The contract term is variable depending on the nature of the funded activity, but cannot exceed 3 0 months. Implementing the contract Receiving grant funds. CDBG's cash request system allows grantees to request funds on a monthly basis after the contract has been fully executed. Funds are mailed out about four weeks from the time CDBG receives the cash request. Reporting requirements. Grantees have minimal reporting requirements--a program activity report every six months. Managing the grant. CDBG publishes a Grant Management Manual to help grantees understand the program requirements. Completing the contract Closeout package. At the end of the contract, grantees must submit documents to close out the grant. These documents are described in the Grant Management Manual. Final product. At end of the contract, grantees must submit the "Final Product" describing the work performed. Implementation plan. At the end of the contract, if the planning activity requires follow-up implementation, the grantee has to submit an "Implementation Plan." This plan has to: identify the persons or entity who will be responsible for implementation; · describe the tasks needed to implement the activity; Completing the contract, continued · document the capacity to implement (staffing, funding resources); document the jurisdiction's commitment to help out with implementation (a resolution from the goveming body or a letter from the chief executive officer). CDBG compliance review. At the end of the contract term, CDBG performs a compliance review of the P/TA activities and closeout documentation. 10 percent retention. CDBG will retain 10 percent of the grant award pending receipt and approval of the final product and the implementation plan, and any other documentation that may be required as a condition of the contract. 10 SECTION 5: HOW TO REACH US FOR ASSISTANCE By mail State of California Department of Housing and Community Development Community Development Block Grant Program, MS 390-2 P. O. Box 952054 Sacramento, CA 94252-2054 By fax (916) 323-6016 By E-mail and telephone Managers E-mail Telephone Phillips, Lisa (G/NA) Iphillip~hcd.ca.gov ................. (916) 327-3615 Turner, John (ED) ............... jturner~hcd.ca.gov .................(916) 327-2130 Staff E-mail Telephone Baker, Stuart ....................... Bishop, Jim ......................... Davis, Larry ........................ Faris, Harry ......................... Jones, Allen Kawaguchi, Mimi ............... Kessler, Susan ..................... Mahan, Jack ........................ Moser, Rhoda Myles, Janet ........................ sbaker~hcd.ca.gov ..................(916) jbishop~hcd.ca.gov ................ (916) ldavis~hcd.ca.gov ................... (916) hfaris@hcd.ca.gov ................... (916) ajones~hcd.ca.gov (916) mkawaguc~hcd.ca.gov ........... skessler~hcd.ca.gov ............... jmahan~hcd.ca.gov ................ rmoser@hcd.ca, gov jmyles~hcd.ca.gov (916) (916) (916) (916) (916) 322-0921 327-3582 322-9864 324-9333 327-3755 327-3644 327-3748 323-9714 327-3613 322-0877 Website http://housing.hcd.ca.gov 11 HOW TO REACH US, continued In person HCD's office is located at 1800 Third Street in downtown Sacramento CDBG is on the third floor, Room 390 Fee parking is available at on-street meters (quarters only) and at two adjacent parking structures: · Third and Q Streets, the Public Employees Retirement System (PERS) parking garage, entrance is from Q Street · Fifth and S Streets, the Consumer Affairs parking garage, entrance is from Fifth Street To obtain an application package · Use the form on the last page of this NOFA, or · Request a copy by E-mail, or · Download a copy from our Home Page 12 SECTION 6: LIST OF ATTACHMENTS Attachment 1 P/TA GRANT AWARDS LIST FOR FY 98/99- GENERAL ALLOCATION Attachment 2 P/TA GRANT AWARDS LIST FOR FY 98/99 - ED ALLOCATION Attachment 3 ELIGIBLE JURISDICTIONS, CASH MATCH PERCENTAGES AND CDBG STAFF CONTACT LIST Attachment 4 REQUEST FOR APPLICATION 13 Butte Butte, County of Oroville, City of Colusa Colusa, County of Del Norte Crescent City, City of Del None, County of El Dorado E1 Dorado, County of E1 Dorado, County of Fresno Huron, City of San Joaquin, City of Humboldt Arcata, City of Humboldt, County of Imperial Brawley, City of Westmorland, City of $27,000 $35,00O $35,000 $35,000 $35,000 $20,000 $15,000 $17,651 $35,000 $35,000 $35,000 $35,000 $27,668 Septic management system assessment. Housing conditions survey, needs assessment, and housing element. Princeton water and sewer systems. Domestic violence center feasibility study. Feasibility study for housing facility support for mentally ill adults. Preparation and oversight of senior citizen needs assessment. Income survey and financing analysis. Income survey, environmental review and application preparation. Housing condition survey. Needs assessment for day care center. Affordable housing feasibility study. Income survey and feasibility reports. Temporary Assistance for Needy Families (TANF). Waste and wastewater rate feasibility study. Kings Corcoran, City of Kings, County of $35,000 $18,835 Infrastructure, housing rehabilitation and community facility feasibility study. Income survey and feasibility study for community facility. Mendocino Fort Bragg, City of Mendocino, County of Willits, City of $28,000 $30,700 $35,000 Intemal exam of sewer mains and laterals. Mobile Home Park affordability and infrastructure study. Design and financial feasibility study. 14 Modoc Alturas, City of $20,000 Housing conditions quality study. Modoc, County of Mono Modoc, County of Mono, County of $17,500 $17,500 Compliance and transition plan. 504 and ADA compliance. Feasibility study of fire station. $35,000 Income survey, Bridgeport water and sewer study. Napa Calistoga, City of $35,000 Housing Element update. ~ Nevada Grass Valley, City of Nevada, County of $35,000 $35,000 Renovation feasibility assessment for a cultural center. Senior housing needs study and development Placer Riverside Santa Barbara Shasta Sierra Siskiyou strategy. Placer, County of $32,368 Affordable housing project identification and implementation plan. Coachella, City of $35,0'-'~00 Affordable housing studi'~~'~~s. Santa Barbara, County of $35,000 Housing conditions'-~'~'~'~d demographics survey. Shasta, County of $3'~~'"'~,000 Sierra, County of $20,500 Feasibility study and"~predevelopme-'e-~pplanning of a community center. Senior-Ass'---isted living ~tudy. Etna, City of $35,000 Preliminary studies and grant preparation. Montague, City of Mt. Shasta, City of $28,033 $35,00O Video tape and review for repair and replacement. Preliminary studies and grant preparation. Siskiyou, County of Tulelake, City of $35,000 $35,0O0 I & I study and preliminary engineering and development work. Preparation of a community needs strategy plan. 15 ATTACHMENT 1: P/TA GRANT AWARDS LIST FOR FY 98/99 - GENERAL ALLOCATION County ] Grantee [Amount IActivity Yreka, City of $35,000 Stanislaus Riverbank, City of $25,000 Stanislaus, County of Waterford, City of $32,000 $35,000 Sutter Sutter, County of $26,880 I & I Study, replacement and/or repair in Master Sewer Plan. Affordable housing strategy for downtown area. Street lighting infrastructure feasibility study. HOME application preparation. Feasibility study of rehabilitation of an abandoned warehouse. Housing conditions survey and preparation of the CDBG application. Tehama Coming, City of $35,000 Red Bluff, City of Tehama, County of $35,000 $35,000 Affordable housing strategy for downtown area. Downtown housing rehabilitation feasibility study. Architectural and financial feasibility report for a community center. Trinity Trinity, County of $35,000 Tulare Tulare, County of $35,000 Income survey and feasibility study for Salyer Water System. Storm water drainage master plan and negotiation agreement. 16 ATTACHMENT 2: P/TA GRANT AWARDS LIST FOR FY 98/99 - ED ALLOCATION County_ Grantee Amador Jackson, City of $5,800 Butte Butte, County of $35,000 Gridley, City of $35,000 Colusa Williams, City of $35,000 Del Norte Del None, County of $35,000 Fresno Fowler, City of $35,000 Huron, City of $35,000 San Joaquin, City of $35,000 Glenn Glenn, County of $35,000 Orland, City of $10,000 Orland, City of $25,000 Willows, City of Humboldt Eureka, City of Humboldt, County of Humboldt, Coutny of Application preparation to the National Register of Historic Places. Assessment of equity capital needs gap. Commercial recruitment plan. Grant application preparation. Downtown revitalization design plan. $25,000 Infrastructure analysis. Development assessment. Rafting concession. $35,000 $17,500 $17,500 Imperial Holtville, City of $24,225 Imperial, County of $35,00O Financing needs assessment and application preparation. Grant application preparation. Water facilities master plan. Industrial site planning and infrastructure analysis. CDBG Enterprise Funds needs assessment and application preparation. Phase II of Orland Airport Industrial Park. Business retention and expansion analysis. Enterprise Fund needs assessment and grant application preparation. Commercial park financing plan and infrastructure financing district analysis. Feasibility study for Yacht Marina and Boat School. Dredging project feasibility study. Recycled materials feasibility study. Financing needs assessment and application preparation. Preparation of Federal grant application. 17 ATTACHMENT 2: P/TA GRANT AWARDS LIST FOR FY 98/99 - ED ALLOCATION . -County: I Grantee.. Kern Taft, City of Madera Madera, County of $35,000 Demographic survey. Enterprise Zone feasibility study. $35,000 Environmental impact and traffic impact report. Monterey Gonzales, City of $35,000 Downtown revitalization plan. Monterey, County of $32,985 Storm drain and traffic circulation plans. Napa American Canyon, City of $35,000 ED strategy and infrastructure plan. Nevada Calistoga, City of Grass Valley, City of $35,000 $7,415 Preliminary design plans for construction of water tank. Completion of EIR report. Grant application preparation. Business leakage survey. Nevada, County of Placer Lincoln, City of $35,000 $35,000 Vacancy rate study. Economic development strategy. Design and Economic Revitalization study. Placer, County of Riverside Coachella, City of San Luis Obispo Santa Barbara Arroyo Grande, City of Santa Barbara, County of Shasta Anderson, City of Siskiyou Weed, City of Yreka, City of $35,000 $34,425 $35,000 Business needs assessment, permit processing analysis and TIG skill assessment. Financing needs assessment and application preparation. Home-based business development plan. $35,000 $35,O00 $35,000 $35,000 Circulation/parking and development constraints study and community workshop for the Orcutt revitalization area. Improvement plan and commercial linkage study. Project study for Shastina Drive. Interchange modification plans. Pine Moutain redevelopment plan. Solano Rio Vista, City of Stanislaus Riverbank, City of $35,000 $35,000 18 Downtown marketing, design and financing plan. Traffic impact study. Retain services of consultant for Enterprise fund application preparation. Tehama Tulare Coming, City of $35,000 Dinuba, City of $35,000 Design and financial commercial facade improvement plan. Streetscape revitalization plan. Entertainment district feasibility study. Woodlake Woodlake, County of $25,000 Industrial/Commercial land use analysis. Yuba Marysville, City of $35,000 Downtown business recruitment. Yuba, County of $35,000 Analysis of equity investment options and plan developmems. 19 ATTACHMENT 3: ELIGIBLE JURISDICTIONS, CASH MATCH PERCENTAGES AND CDBG STAFF CONTACT LIST TiG3 Cash Match~ General Jurisdiction Coun~ Percentage Percentage Representative Alpine, County of Alpine 43 25 Allen Jones Almras Modoc 45 20 Stuart Baker Amador City Amador 37 10 Allen Jones Amador, County of Amador 34 7 Allen Jones American Canyon Napa 31 16 Larry Davis Anderson Shasta 53 17 Rhoda Moser Angels Camp Calaveras 42 23 Allen Jones Arcata Humboldt 56 14 Stuart Baker Arroyo Grande San Luis 32 17 Susan Kessler Obispo2 Atherton San Mateo2 7.6 5 Rob Maus Atwater Merced 41 6 Mimi Kawaguchi Auburn Placer 33 20 Susan Kessler Avalon Los Angeles2 55 23 Mimi Kawaguchi Avenal Kings 52 2 Harry Faris Benicia Solano 22 15 Larry Davis Biggs Butte 47 3 Larry Davis Bishop Inyo 47 25 Allen Jones Blue Lake Humboldt 43 5 Stuart Baker Bradbury Los Angeles2 4 1 Mimi Kawaguchi Brawley Imperial 52 8 Mimi Kawaguchi Buellton Santa Barbara 32 25 Harry Faris Butte, County of Butte 45 3 Larry Davis Calaveras, County of Calaveras 35 6 Allen Jones Calexico Imperial 64 15 Mimi Kawaguchi Calipatria Imperial 64 2 Mimi Kawaguchi Calistoga Napa 52 11 Larry Davis Economic Development Representative Janet Myles John Turner Janet Myles Janet Myles Jack Mahan John Turner Janet Myles Jack Mahan Jim Bishop Jim Bishop Jim Bishop Janet Myles Jim Bishop Jim Bishop Jack Mahan John Turner Jim Bishop Jack Mahan Jim Bishop Jim Bishop Jim Bishop John Turner Janet Myles Jim Bishop Jim Bishop Jack Mahan To calculate the minimum amount of the local cash match required, multiply the percentage shown opposite the applicant's name with the total amount of CDBG funds requested. Although the cities within this county are CDBG eligible jurisdictions, the county itself is not. Targeted Income Group. 20 Jurisdiction Canyon Lake Capitola Carmel Carpinteria Ceres Chowchilla Clearlake Coachella Colfax Colusa Colusa, County of Corcoran Coming Crescent City Del Nolte, County of Del Rey Oaks Dinuba Dixon Dorris Dos Palos Dunsmuir E1 Centro El Dorado, County of Etna Eureka Exeter Farmersville Femdale Fort Bragg Fort Jones Fortuna Fowler Glenn, County of County TI___~G3 Cash Match~ Percent_!g_gg ~ Riverside2 14 1 Santa Cruz 47 25 Monterey 26 25 Santa Barbara 38 12 Stanislaus 38 12 Madera 47 8 Lake 55 10 Riverside 70 7 Placer 57 25 Colusa 44 22 Colusa 43 7 Kings 56 10 Tehama 56 25 Del Norte 48 15 Del Norte 42 4 Monterey 21 15 Tulare 49 11 Solano 38 15 Siskiyou 71 5 Merced 54 10 Siskiyou 51 9 Imperial 45 17 E1 Dorado 35 5 Siskiyou 50 8 Humboldt 46 25 Tulare 49 8 Tulare 64 4 Humboldt 34 12 Mendocino 42 25 Siskiyou 54 2 Humboldt 39 14 Fresno2 48 16 Glenn 46 4 21 General Revresentative Mimi Kawaguchi Allen Jones Mimi Kawaguchi Harry Fads Allen Jones Harry Fads Larry Davis Mimi Kawaguchi Susan Kessler Susan Kessler Susan Kessler Harry Fads Rhoda Moser Smart Baker Smart Baker Mimi Kawaguchi Harry Faris Larry Davis Stuart Baker Mimi Kawaguchi Stuart Baker Mimi Kawaguchi Larry Davis Stuart Baker Stuart Baker Harry Faris Harry Fads Stuart Baker Rhoda Moser Stuart Baker Stuart Baker Harry Fads Rhoda Moser Economic Development Representative Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet My/es Jim Bishop Jack Mahan Jim Bishop Janet Myles John Turner John Turner Jim Bishop John Turner Jack Mahan Jack Mahan Jim Bishop Jim Bishop Jack Mahan Jack Mahan Jim Bishop Jack Mahan Jim Bishop Janet Myles Jack Mahan Jack Mahan Jim Bishop Jim Bishop Jack Mahan Jack Mahan Jack Mahan Jack Mahan Jim Bishop John Turner Jurisdiction Gonzales Grass Valley Greenfield Gridley Guadalupe Gustine Hanford Hermosa Beach Hidden Hills Hollister Holtville Hughson Humboldt, County of Huron Imperial Imperial, County of Indian Wells Industry Inyo, County of Ione Jackson King City Kings, County of Lake, County of Lakeport Lassen, County of Lemoore Lincoln Lindsay Live Oak Livingston Loomis Los Banos County Monterey Nevada Monterey Butte Santa Barbara Merced Kings Los Angeles2 Los Angeles2 San Benito Imperial Stanislaus Humboldt Fresno Imperial Imperial Riverside2 Los Angeles2 Inyo Amador Amador Monterey Kings Lake Lake Lassen Kings Placer Tulare Sutter Merced Placer Merced TIG3 Percentage 64 53 60 57 76 30 41 22 7 44 53 40 43 69 33 51 11 53 38 29 42 58 45 43 37 38 34 45 58 66 47 26 43 22 Cash Match1 Percentage 7 25 4 21 4 6 17 14 3 13 4 7 3 4 16 2 25 25 7 3 25 14 2 5 25 4 9 10 5 4 4 10 11 General Representative Mimi Kawaguchi Susan Kessler Mimi Kawaguchi Larry Davis Harry Faris Mimi Kawaguchi Harry Fads Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Allen Jones Stuart Baker Harry Faris Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Allen Jones Allen Jones Allen Jones Mimi Kawaguchi Harry Faris Larry Davis Larry Davis Rhoda Moser Harry Faris Susan Kessler Harry Fads Rhoda Moser Mimi Kawaguchi Susan Kessler Mimi Kawaguchi Economic Development Representative Jim Bishop Janet Myles Jim Bishop John Turner Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Jack Mahan Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Janet Myles Jim Bishop Jim Bishop Jack Mahan Jack Mahan John Turner Jim Bishop Janet Myles Jim Bishop Janet Myles Jim Bishop Janet Myles Jim Bishop Jurisdiction Loyalton Madera, County of Mammoth Lakes Maricopa Marina Mariposa, County of Marysville Mendocino, County of Mendota Merced, County of Modoc, County of Mono, County of Montague Monterey, County of Morro Bay Mount Shasta Napa, County of Nevada City Nevada, County of Newman Oakdale Orland Oroville Pacific Grove Palos Verdes Estates Patterson Pismo Beach Placer, County of Placerville Plumas, County of Plymouth County_ Sierra Madera Mono Kern2 Monterey Mariposa Yuba Mendocino Fresno2 Merced Modoc Mono Siskiyou Monterey San Luis Obispo2 Siskiyou Napa Nevada Nevada Stanislaus Stanislaus Glenn Butte Monterey Los Angeles2 Stanislaus San Luis Obispo2 Placer E1 Dorado Plumas Amador Economic TiG3 Cash Match~ General Development Percentage Percentage Representative Representative 33 11 Susan Kessler John Turner 41 5 Rob Maus Jim Bishop 40 25 Allen Jones Jim Bishop 36 2 Harry Faris Jim Bishops 52 4 Mimi Kawaguchi Jim Bishop 35 11 Allen Jones Jim Bishop 45 21 Susan Kessler Janet Myles 38 6 Rhoda Moser Jack Mahan 68 6 Harry Faris Jim Bishop 45 3 Rob Maus Jim Bishop 43 3 Smart Baker John Turner 41 5 Allen Jones Jim Bishop 52 6 Smart Baker Jack Mahan 44 4 Mimi Kawaguchi Jim Bishop 43 16 Susan Kessler Jim Bishop 45 24 Smart Baker Jack Mahan 36 4 Larry Davis Jack Mahan 42 25 Susan Kessler Janet Myles 34 5 Susan Kessler Janet Myles 47 9 Allen Jones Janet Myles 37 20 Allen Jones Janet Myles 50 15 Rhoda Moser John Turner 60 25 Larry Davis John Turner 35 15 Mimi Kawaguchi Jim Bishop 7 3 Mimi Kawaguchi Jim Bishop 37 10 Allen Jones Janet Myles 37 24 Susan Kessler Janet Myles 30 6 Susan Kessler Janet Myles 50 25 Larry Davis Janet Myles 39 10 Susan Kessler John Turner 36 9 Allen Jones Janet Myles 23 Jurisdiction Point Arena Portola Rancho Mirage Red Bluff Ridgecrest Rio Dell Rio Vista Riverbank Rocklin San Benito, County of San Joaquin San Juan Bautista San Juan Capistrano Sand City Santa Barbara, County of Santa Cruz, County of Scotts Valley Shasta, County of Shasta Lake Sierra, County of Siskiyou, County of Solano, County of Soledad Solvang Sonora South Lake Tahoe St. Helena Stanislaus, County of Suisun City Susanville Sutter, County of Sutter Creek County Mcndocino Plumas Riverside2 Tehama Kern2 Humboldt Solano Stanislaus Placer San Benito Fresno2 San Benito Orange Monterey Santa Barbara Santa Cruz Santa Cruz Shasta Shasta Sierra Siskiyou Solano Monterey Santa Barbara Tuolumne E1 Dorado Napa Stanislaus Solano Lassen Sutter Amador TIG3 Percentage 54 50 26 53 23 53 39 41 26 38 65 47 31 83 43 40 22 39 Not Avail 33 44 34 66 34 41 55 36 38 34 41 39 39 Cash Match~ Percentage 16 10 25 23 11 3 22 5 14 4 9 15 17 25 3 4 25 3 3 8 2 1 2 25 25 19 25 6 4 12 4 20 24 General Representative Rhoda Moser Susan Kessler Mimi Kawaguchi Rhoda Moser Harry Fads Smart Baker Larry Davis Allen Jones Susan Kessler Mimi Kawaguchi Harry Faris Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Harry Faris Allen Jones Allen Jones Rhoda Moser Rhoda Moser Susan Kessler Smart Baker Larry Davis Mimi Kawaguchi Harry Fads Allen Jones Larry Davis Larry Davis Allen Jones Larry Davisr Rhoda Moser Rhoda Moser Allen Jones Economic Development Representative Jack Mahan John Turner Jim Bishop John Turner Jim Bishop Jack Mahan Jack Mahan Janet Myles Janet Myles Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishops Jim Bishop Jim Bishop John Turner John Turner John Turner Jack Mahan Jack Mahan Jim Bishop Jim Bishop Janet Myles Janet Myles Jack Mahan Janet Myles Jack Mahan Janet Myles Janet Myles Janet Myles Jurisdiction Taft Tehama Tehama, County of Trinidad Trinity, County of Truckee Tulare, County of Tulelake Tuolumne, County of Ukiah Vemon Waterford Weed West Sacramento Westmorland Wheatland Williams Willits Willows Winters Woodlake Yolo, County of Yountville Yreka Yuba, County of TiG3 Cash Match~ General County_ Percentage Percentage Representative Kern: 25 24 Harry Faris Tehama 42 1 Rhoda Moser Tehama 45 3 Rhoda Moser Humboldt 27 24 Stuart Baker Trinity 49 7 Rhoda Moser Nevada 34 16 Susan Kessler Tulare 48 3 Harry Faris Siskiyou 64 11 Smart Baker Tuolumne 34 7 Allen Jones Mendocino 42 25 Rhoda Moser Los Angeles: 68 25 Mimi Kawaguchi Stanislaus 50 5 Allen Jones Siskiyou 58 16 Stuart Baker Yolo 55 25 Susan Kessler Imperial 54 6 Mimi Kawaguchi Yuba 39 7 Susan Kessler Colusa 48 20 Susan Kessler Mendocino 45 24 Rhoda Moser Glenn 51 16 Rhoda Moser Yolo 38 6 Susan Kessler Tulare 67 5 Harry Faris Yolo 46 2 Susan Kessler Napa 44 12 Larry Davis Siskiyou 44 25 Smart Baker Yuba 51 4 Susan Kessler Economic Development Representative Jim Bishop John Turner John Turner Jack Mahan Jack Mahan Janet Myles Jim Bishop Jack Mahan Janet Myles Jack Mahan Jim Bishop Janet Myless Jack Mahan Jack Mahan Jim Bishop Janet Myles John Turner Jack Mahan John Turner Jack Mahan Jim Bishop Jack Mahan Jack Mahan Jack Mahan Janet Myles SEE SECTION 5 FOR TELEPHONE AND E-MAIL LISTINGS 25 ATTACHMENT 4: REQUEST FOR 1999/2000 P/TA APPLICATION PACKAGE State CDBG Program P.O. Box 952054 Sacramento, CA 94252-2054 Telephone: (916) 445-6000 Fax: (916) 323-6016 Homepage: http://housing.hcd.ca, gov NO. We do not want an application. Please remove us from your mailing list YES. Please send a 1999/2000 P/TA application as follows: Mail a hard copy Mail a diskette copy (available in Word for Windows only) Nallle~ Organization: Address: City, State, ZIP: Telephone #: Fax #: E-mail: Mail or fax this Request form to: State of Califomia Department of Housing and Community Development State CDBG Program, MS 390-2 P.O. Box 952054 Sacramento, CA 94252-2054 Fax #: (916) 323-6016 NOTE: If you do not receive a mailing within two weeks of your request, please call the CDBG Program Secretary at (916) 445-6000. 26 ITEM NO. 9a DATE: AUGUST 4, 1999 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ADDITIONAL EXPENDITURES AND APPROVAL O~- BUDGET AMENDMENT FOR THE ORCHARD AVENUE RECONSTRUCTION PROJECT It has become necessary to direct the contractor to perform additional work because of unsuitable subgrade conditions encountered during the removal of the existing pavement on Orchard Avenue. To date, four (4) Change Orders have been issued at a net additional estimated cost of $19,155. Many of the contract Change Order items have been performed and paid for at force account (time and material) in accordance with the provisions of Section 9-1.03 of the Standard Specifications. The costs of the various extra work items indicated in the contract Change Orders are estimated. Based on preliminary billing information currently being verified, it is estimated that the extra work as directed will exceed the original contract amount by $24,000. The amount of the cost overrun, by reason of the Change Order work, represents 6% of the original contract amount of $396,441. Because of the nature of the work, it was not practical to obtain City Council authorization for the expenditure of funds exceeding the approved project budget prior to directing the contractor to perform the required extra work. Staff is requesting the City Council's approval of a budget amendment authorizing $24,000 from the estimated unobligated fund balance within Fund 301 (Gas Tax Fund 2107) for expenditures in Project Budget Account 301.9816.250.000. RECOMMENDED ACTION: Approve amendment to the 1999/2000 budget increasin~j expenditures in Account 301.9816.250.000 by $24,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Approve budget amendment utilizin9 General Fund monies. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Change Orders 1 through 4. 2. Budget Worksheets. C;-'~dace 'Ho~sley, C~Manage RHK:kk ~ R:I~PW AORCHARD CITY OF UKIAH CONTRACT CHANGE ORDER ORDER NO. (NUMERICAL) 1 DATE (CHRONOLOGICAL) June 23, 1999 Contract for (Description of Facility) Reconstruction of Orchard Avenue Owner City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482 To (Contractor): Parnum Paving, Post Office Box 970, Ukiah, CA 95482 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications: ~.nange iu~luu~L~u uy. ~,,~y ,-,,~j,,,,~, ,, ESTIMATED ESTIMATED DECREASE INCREASE Description of Changes - Itemized Breakdown .., To Contract To Contract Amount Amount 1. As and where directed by the Engineer install approximately 50 lineal feet of Vrigid steel Estimated conduit for traffic signal loop detector lead in cables per section 86 of the Standard Cost Specifications. Work to be performed at Force Account per section 9-1.03 of the Standard Specifications. $1,000.00 TOTALS $0.00 $1,000.00 ESTIMATED NET CHANGE IN CONTRACT PRICE $1,000.00 Justification (Detailed and Concise): Changes are required to replace existing undersized conduits for Traffic Signal loop detector lead in cables. The amount of the Contract will be (deereeeed/increased/unch~nged) by the estimated sum of: one thousand dollars and no cents ($1,000.00). The contract total including this and previous Change Orders will be: three hundred and ninety seven thousand four hundred and fourty one dollars and no cents ($397,441.00). The contract period provided for completion will be (increased/dccrcr~scd/unchr~n§cd): one day and shall now be Auqust 9, i 999. This docu~ecome a s~ contract and all provisions will apply hereto. Approved(~ ~ By:'"'~//~'~-~_~,.~-~--- ~ ..~c~/~,-'~'''~~ ~ CD~a~///~/0 '(City Engineer) J This information will be issued asa record of an), changes to the original construction contract. CITY OF UKIAH CONTRACT CHANGE ORDER ORDER NO. (NUMERICAL) 2 DATE (CHRONOLOGICAL) June 24, 1999 Contract for (Description of Facility) Reconstruction of Orchard Avenue Owner City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482 To (Contractor): Parnum Paving, Post Office Box 970, Ukiah, CA 95482 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following describec work not included in the contract plans and specifications: ' Chanc uested b~ :y En !ineer DECREASE INCREASE~ Description of Changes -Itemized Breakdown To Contract To Contract Amount Amount 1. Eliminate the following contract items: $ 20,223.00 Unsuitable Material Excavation, Item No. 8 $18,297.00 Select Aggregate Backfill Material, Item No. 9. $0.00 I ~. Construct shoulder backing with select grindings. Approximately 40 CY of shoulder backing will be constructed. This work shall be done in conformance with the project plans and specifications. The work shall be paid for at an agreed unit price of shoulder backfill of $79.32 per cubic yard. Final pay quantities shall be based on the in-place quantities shown on the contract plans. $3,175.00 TOTALS $38,520.00 $3,175.00 ESTIMATED NET CHANGE IN CONTRACT PRICE $38,520.(~0 $3,175.00 Justification (Detailed and Concise): Chanqes are required to eliminate unnecessary additional excavation and backfill· Review of existinq subgrade material verifies that underlying subgrade material is suitable subbase. The amount of the Contract will be (decreased/incrcsscd/unchsn§cd) by the estimated sum of: thirty five thousand three hundred and forty five dollars and no cents ($35,345.00) The contract total including this and previous Change Orders will be: Three hundred and sixb/, two thousand and ninety six dollars and no cents ($362,096.00). The contract period provided for completion will be (~/deer-e~.e~unchanged): and shall remain Auqust 9, 1999. This docume~a/suc~ent to the contract and all provisions will apply hereto. Approved By: '~-'~.-_-~_~'_ J .~-'~,~ ...?-~.~.<. ~ Accepted By: _UA:~[Q ~ -"_ ' ~L/, ~ ·/(Contractor) /Date TM This information will be issued as a record of any chanties to the ori~linal construction contract. CITY OF UKIAH CONTRACT CHANGE ORDER ORDER NO. (NUMERICAL) 3 DATE (CHRONOLOGICAL) June 28, 1999 Contract for (Description of Facility) Reconstruction of Orchard Avenue, Specification No. 98-12 Owner City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482 To (Contractor): Parnum Paving, Inc., Post Office Box 970, Ukiah, California, 95482 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications: Change requested by: City Engineer Description of Changes - Itemized Breakdown 1. As directed by the Engineer, remove unsuitable subgrade material down 6" below the planned subgrade surface and install 6" of asphalt concrete on the westerly half of the roadway at the following locations ' Approximate Limit of Removal & Replacement 9+60 to 10+90 11+50 to 11 +95 19+05 to 20+50 21 +00 to 21 +57 _Approximate width in feet 6 10 12 10 Removal of unsuitable material shall be paid at force account pursuant to the provisions of Section 9-1.03 of the Standard Specifications. Approximately 137 tons of asphalt concrete will be placed. Asphalt concrete material shall be paid at contract item unit costs. This work has already been performed. 2. As directed by the Engineer place a leveling course of asphalt concrete on the westerly half of the roadway at the following locations: Approximate Limits. Approximate Width in feet 8+75 to 9+75 21 12+00 to 12+50 21 13+25 to 16+25 11 17+50 to 18+00 11 18+75 to 20+00 21 The asphalt concrete used for the leveling course shall be Type B, ¼" Maximum, Medium mix. Pavement reinforcing fabric, item 4 of this change order, shall be installed after the course. The leveling course shall be spread and compacted in accordance with Section 39 of the Standard Specifications. Approximately 80 tons of asphalt concrete leveling will be placed. This work shall be paid at force account pursuant to the provisions of Section 9-1.03 of the Standard Specifications. ESTIMATED DECREASE To Contract Amount ESTIMATED INCREASE To Contract Amount Estimated Cost $5,700 Estimated Cost $7,500 ,~s directed by the Engineer, raise finished grade at centerline at the following locations. Approximate Limits Grade raise at CL 19+75 to 20+25 Transition from 0.0' to 0.1' 20+25 to 23+50 0.1' (see note below) 23+50 to 24+00 Transition from 0.1' to 0.0' The cross slope shall be adjusted to meet designed grade at lip of gutter/edge of pavement, except at station 20+25 where the grade at the right lip of gutter shall be raised to Estimated accomodate a minimum of 0.1' over the in-place Asphalt concrete. The asphalt concrete Cost shall be spread and compacted in accordance with Section 39 of the Standard Specifications. Approximately 70 tons of asphalt concrete will be placed as a result of this $2,900 change. This work shall be paid for at the contract unit price for asphalt concrete. 4. As directed by the Engineer, furnish and install pavement reinforcing fabric on the westerly half of the roadway at the following locations: Approximate Limits Approximate Width in feet 18+50 to 20+00 21 20+50 to 24+00 21 The pavement reinforcing fabric shall conform to the provisions in Section 88, "Engineering Fabrics" and be installed in conformance with Section 39.--4.03 of the Standard Estimated Specifications. Approximately 1200 square yards of pavement reinforcing fabric will be Cost placed. This work shall be paid at force account pursuant to the provisions of Section 9- 1.03 of the Standard Specifications. $3,900 5. As directed by the Engineer, remove approximately 80 sf of existing asphalt concrete driveway and abandoned 18 lineal feet of R.C.P. storm drain at station 22+80 and replace Estimated with asphalt concrete driveway with swale, 6" thick. Swale to be graded to drain to the Cost south. This work shall be paid for at force account pursuant tot he provisions of Section 9- 1.03 of the Standard Specifications. $500 TOTALS $0.00 $20,050.00 ESTIMATED NET CHANGE IN CONTRACT PRICE $20,050.00 Justification (Detailed and Concise): Changes are required to eliminate unsuitable material from the road structural section and to level and reinforce finishinq lifts of Asphalt Concrete Pavement. The amount of the Contract will be (¢eereeee~/increased/u~,chs~§cd) by the estimated sum of: twenty thousand and fifty dollars and no cents ($20,050.00~. The contract total including this and previous Change Orders will be: three hundred and eiqhty two thousand one hundred and forty. six dollars and no cents ($ 382,146.00), The contract period provided for completion will be (increased/dccr¢c, scd/ur, chs~ged): 11, 1999 This docu~e ~the contract and all pr°visi°ns will aPply hereto" Approved~'~-~ ~, .~.~_¢,._¢_.~~. ( ' _~~e,) '7 / Cate/ (Contract~) Two ( 2 ) days and shall become August This information will be issued as a record of any chanties to the ori~linal construction contract. CITY OF UKIAH CONTRACT CHANGE ORDER ORDER NO. (NUMERICAL) 4 DATE (CHRONOLOGICAL) July 12, 1999 Contract for (Description of Facility) Reconstruction of Orchard Avenue, Specification No. 98-12 Owner City of Ukiah, 300 Seminary Avenue, Ukiah, California, 95482 To (Contractor): Pamum Paving, Inc., Post Office Box 970, Ukiah, California, 95482 You are hereby directed to make the herein described changes from the contract plans and specifications or do the following described work not included in the contract plans and specifications: Change requested by: City Enqineer Description of Changes -Itemized Breakdown 1. As directed by the Engineer, remove unsuitable subgrade material down 6" below the planned subgrade surface and install 6" of asphalt concrete on the easterly portion of the roadway at the following locations ' Approximate Limit of Removal & Replacement Approximate width in feet 8+80-9+25 7 16+00-17+05 7 17+23-17+95 7 18+00-18+75 6 19+65-20+00 5 Removal of unsuitable material shall be paid at force account pursuant to the provisions of Section 9-1.03 of the Standard Specifications. Approximately 100 tons of asphalt concrete will be placed. Asphalt concrete material shall be paid at contract item unit costs. This work has already been performed. 2. As directed by the Engineer, remove unsuitable subgrade material and AC down 18" below the planned finished grade and install 15" of 3 sack slurry on the easterly portion of the roadway at the following locations · Approximate Limit of Removal & Replacement Approximate width in feet 8 18+04-18+64 6 19+07-19+15 7 19+69-20+65 20+65-21+26 7.5 21+43-21+80 7 21+91-23+12 8 This work shall be paid at force account pursuant to the provisions of Section 9-1.03 of the Standard Specifications. Approximately 110 CY of 3 sack slurry will be placed. This work has already been performed. ESTIMATED DECREASE To Contract Amount ESTIMATED INCREASE To Contract Amount Estimated Cost $10,000 Estimated Cost $11,200 3. As directed by the Engineer place a leveling course of asphalt concrete on the easterly half of the roadway at the following locations: Approximate Limits Approximate Width in feet 0+00 - 1+50 22 2+00 - 3+25 22 4+75 - 5+75 22 9+00 - 9+75 22 10+00 - 11+00 22 11+00 - 11+55 14 11+90 - 12+40 11 12+60 - 13+30 17 13+30 - 14+00 22 14+00 - 15+ 15 15 16+00 - 23+50 22 The asphalt concrete used for the leveling course shall be Type B, ~" Maximum, Medium mix. Pavement reinforcing fabric, item 4 of this change order, shall be installed after the leveling course. The leveling course shall be spread and compacted in accordance with Section 39 Estimated of the Standard Specifications. Approximately 150 tons of asphalt concrete leveling will be Cost placed. This work shall be paid at force account pursuant to the provisions of Section 9-1.03 of the Standard Specifications. The contract item for Asphalt Concrete will be reduced by the $5,800 same quantity as shown for the leveling. This work has already been performed. 4. As directed by the Engineer, furnish and install pavement reinforcing fabric on the easterly portion of the roadway at the following locations: Approximate Limits Approximate Width in feet 9+25 - 11 +90 10 The pavement reinforcing fabric shall conform to the provisions in Section 88, "Engineering Fabrics" and be installed in conformance with Section 39.-4.03 of the Standard Estimated Specifications. Approximately 295 square yards of pavement reinforcing fabric will be Cost placed. This work shall be paid at force account pursuant to the provisions of Section 9- 1.03 of the Standard Specifications. This work has already been performed. $1,350 5. As directed by the Engineer, complete overlay and final 3" lift on east portion from 18+00 - 24+40 in areas of digouts. Approximate Limits Approximate Width in feet 18+80 - 24+00 22 This work shall be done at force account, due to the delay in final lift paving. Approximately Estimated 240 Tons of Asphalt Concrete will be placed. This work shall be paid at force account Cost pursuant to the provisions of Section 9-1.03 of the Standard Specifications. The contract quantity for Item 10 will be deducted by 215 tons and the contract quantity for item 11 will be $5,100 deducted by 25 ton. This work has already been performed. TOTALS $33,450.00 ESTIMATED NET CHANGE IN CONTRACT PRICE $33,450.00 Justification (Detailed and Concise): Changes are required to eliminate unsuitable material from the road structural section and to level and reinforce finishing lifts of Asphalt Concrete Pavement. The amount of the Contract will be (~leer-~,ese~/increased/~) by the estimated sum of: thirty three thousand four hundred and fifty dollars and no cents ($33,450). The contract total including this and previous Change Orders will be: Four hundred and fifteen thousand five hundred and ninety six dollars and no cents ($415,596.00) (~ncreased/ ................... ~,,). five days (5 days) The contract period provided for completion will be ' '~ ....... '~' .... ~' .... "' This docum~e contract and all provisions will app!y hereto· Approved By:~ · (d[y En~li~e~r~ ' '-' / "Date Accepted: (Contractor) Date BUDGET AMENDMENT WORKSHEET GAS TAX #2107 - FUND #301 Bud.qeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Transfers budgeted Expense 3udgeted ending fund balance 6/30/2000 $ 66,351 $ 126,000 $ (152,000) $ 40,351 Adiustments made during the fiscal year: Date Approved 8/4/99 Orchard Ave change orders Account No. 301.9816.250.000 $ (24,000) Revised ending fund balance 6/30/2000 $ 16,351 RESERV00.XLS 7/29/99 Page 1 Funds 300; 301;302; 303 1,1.1 Z 0 m ITEM NO. 1 n~ DATE: August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE WITH UKIAH AIRCRAFT SERVICES FOR A PORTION OF THE UKIAH REGIONAL AIRPORT In early 1998 staff was approached by a group of individuals representing Ukiah Aircraft Services regarding leasing a portion of the Airport for the construction of a fixed base operation (FBO) for the provision of aviation services. Upon completion of negotiations with staff a tentative agreement was reached for a ground lease of 9,000 square feet at $.03 per square foot for a period of fifty years. The project was then forwarded to the Planning Commission on July 8, 1998 and received approval of a Site Development Permit for construction of a 3,600 square foot hanger. Due to partnership changes within the Ukiah Aircraft Services organization the project was put on hold by the applicant and was not forwarded to the Council for consideration of the lease. Ukiah Aircraft Services has since approached staff and requested the lease go forward. Based upon activities at the Airport over the past year, including the pending CDF relocation and other new development projects, staff requested the applicant relocate the project to a more compatible area due to current conditions. The applicant agreed to the relocation and staff forwarded the revised project site to the Airport Commission. (Continued on Page 2) RECOMMENDED ACTION: Approve lease with Ukiah Aircraft Services for 9,000 square feet of th6 Ukiah Regional Airport identified as Lease Site #1. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and approve as revised. 2. Determine approval of lease is inappropriate at this time and do not move to approve. Citizen Advised: N/A Requested by: Ukiah Aircraft Services e~ Prepared by: Michael Flad, Assistant City Manag Larry W. DeKnoblough, Assistant Redevelopment Director Coordinated with: Candace Horsley, City Manager Don Bua, Airport Manager Attachments: 1. Airport Layout Map 2. Proposed Lea~e APPROVED' __ ~ , ~ Candace Horsley, C Manager The Commission subsequently approved the project 3-0 with 2 abstentions, however, they did request priority be given to a third location to the north. Attachment #1 of this report identifies the Airport Commission's recommendation as Lease Site #3 as well as the original site (site#2) and staff's recommended location. Site #3 is directly adjacent to the southern lease line of West Coast Wings, an FBO which was recently approved by the Council and Airport Commission. It was the Commission's opinion that it would be advantageous if this project could be placed between the Flight Service Center and West Coast Wings in order to consolidate the two new fixed base operators. Ukiah Aircraft Services' representative Mr. Brian Brodosky informed the Airport Commission that the north site would be unacceptable for his current plans. Staff has reviewed all three sites and is recommending the project be located on Site #1. It is staff's belief that this site is the best of the three alternatives acceptable to the Airport Commission, to meet both the applicant's and Airport Staff's needs as well as current Airport activities and pending development. Lease Site #2 is the least desirable to staff as it would limit the possibilities for development of that area upon relocation by CDF. A project on this site would also limit the view of the taxiway from the terminal building, which is necessary for observation, and would therefore limit future expansion by the tenant. Staff is also not recommending locating the project on Site #3 as it limits future expansion possibilities for either West Coast Wings or Ukiah Aircraft Services. Site #1 is located adjacent to the southern hanger access area and among the existing single aircraft storage hangers. The area is already developed and provides adequate square footage for current development and future expansion. The use of an FBO in this area is compatible with the surrounding single aircraft storage and the project will not interfere with any future development of the CDF site. For these reasons staff is recommending approval of the lease for 9,000 square feet of the Airport in the location identified on Attachment #1 as Lease Site #1 in accordance with the terms and conditions defined in the proposed lease and as approved by the Airport Commission and recommended by Airport staff. LD4 BRODOSKY.ASR IIII AAAA LEASE AGREEMENT This Lease, made this~ day of ,19 , by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Ukiah Aircraft Services, a for profit company, hereinafter referred to as "Lessee." RECITALS;. 1. Lessor has the authority contained in Government Code { {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. I,EASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a 9,000 square foot portion of that certain parcel of property commonly referred to as "Ukiah Regional Airport, located at 1411 South State Street, City of Ukiah, County, and more specifically described on the attached "Exhibit A" or together with a right of access thereto. 2. TERM. The term of this Lease is for a period of fifty (50) years commencing on the date set forth above. Lessee shall have the right to renew this lease subject to terms and conditions which shall be agreed upon at the time of renewal. 3. RENT. As rent for the term hereby demi~d, Lessee agrees to pay to Lessor the sum of $270 per month for the first four years ofthi~q agreement. At the commencement of the fifth year and each year thereafter the rent shah increase by the percentage change in the Consumer Price Index (CPI) during the preceding calender year (January to December). 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, '~2PI" shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed on between the Agency and Lessee. 3.1. Lessee specifically represents that the purpose of this lease is to construct, operate, and maintain an aircraft service hanger facility. 4. USE AN1) 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 forty(40) year term of this lease. 4.1. Lessee shall use the leased premises exclusively for aviation related uses. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole respons~oility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shall prepare plans and specifications for said improvements 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 fxom 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 use or permit the leased premises to be used except in full compliance with all roles, regulations, laws or ordinances of the City of Ukiah, Ukiah Regional Airport, and the State of California. 4.7. Lessee shah not maintain any nuisance on the leased premises or engage in any activity that unreasonably interferes with the use of the Ukiah Regional Airport by Lessor and the general public. 4.8. Lessee shall be responsible for landscaping or landscape maintenance of the leased premises. 4.9. Lessee shall, at its sole expense, be responsible for payment of all utilities and any possessory interest tax which results from use of the premises by Lessee. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. For the purpose of accepting or rejecting a proposed sub-lease, Lessor shall consider as acceptable airport and/or airport related uses. 6. IN1)E~CATION ANI} 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 its officers, agents and employees from and against any and aH 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 ofthis Lease at Lessee's sole expense to comply with the requirements of Extfibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 7. TERMINATION. 7.1. Lessor can cancel this Lease immediately for any breach of this lease by Lessee with thirty (30)days prior written notice to Lessee. If within that thirty day period Lessee abates said breach and provides Lessor with written notice of abatement, and Lessor determines abatement is satisfactory, notice to terminate shall be considered cancelled. 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shah recover its attorney's fees and costs resulting f~om 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 ofthe same or a different condition of this Lease. Acceptance of subsequent rental payments f~om Lessee or its assignees shall not constitute a waiver ofthe failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shah be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE~ Ukiah Aircraft Services TO CITY; City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. RECORDING ANI) BINI)ING 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 HEA1)INGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof~ between the parties hereto, coveting the same subject matter, are hereby canceled and superseded by the terms ofthi~q Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. I)UPLICATE 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. ATTEST: City Clerk CITY OF UKIAH By: Lessee By: ld/agreemeats Brodosky.agr --7- E×hibit II,IljUitAI,ICI'; liEQUIIII:51qI'~I'I'I'$ 1;'0I~ LESSI.r,E.5, (NO AUTO lllSi([;) l..e:;s,, sl~all l~t'ocut'e a~d ~uai~tai~ I've' tl~e dul'ado~ of tl~e coast,'act inst~-ance ;~l~:ti~l: ~.:1;~i~5; 1'o~' .l~.}u~-ies to p~-.~o~s o~' damage:; to p~-opecty whici~ may 'l'l~e co:;t of z;t_lt:l~ ii~5u~'at~ce 51~al.l be bo~-~e by tl~e Lessee. I'qi~iu~u~n ,Sct~J.).e o[' I~sut'ance ' Covet'al.;e :;l~all bt,. nt lenst as I)road a~' j.. l~sut'a~ce Services Office .Co~nmerdal General Liability coverage 2. ~./orRe~'~s co~pet~sation i~su~-nnce as ~-9ClUired by the State of Ca~fo~.-nia a~d E~ployet"~; I,iability insura~ce (for lessdes with employees). i'~'(.,l,UrtY i~;tl~'auce al~,ai~st all ~'islcs of loz;s to any tena~t iinP~~ovc~nei~ts of .. - bet tu ~.-~tu~ t.,.;. l~lis~is~u~u Limits of Insurance l. es:;ee sl~..n, ll mnintai~ Limits no less than: .1, (Se~el'al 1.ial~ility: $1,000,000 pet' occurrence for bodily injut'y, pet-sonal . i~,}t~l'y :~cl l~t'Ol)e~.'tY (l;l~l~age. If Co~n~nu~'cial Ocher'al Liability ]ll~B~'illlcu Of li,nit is used, citijet' ti~e ~,',,~-~,~,ntp Ill,tit sl~alJ hi,ply sePa~'alg~tl~e z-equil'ed occurx-ence lin~it. 2. l:i~sl.,loye~"~; l.iabi.lity: $1,000,000 pe~: accfident for bodily in~ut'y o~- 3. l'~-Ul~O~-t5' I~ssut'a?ce: F'ull t-el~lace~e~tt cost witl~ no coilagt~-ance l~t-uvisio~. , ,- !?_]..-:.__ ~ ..... ~ , · .. ?.51ucti ~,s and Self-II,stir'ed llelenti /~l~'-ijii-iiucl. iIjlf::.; u~' .sell'.-il~:Su~'ed retei~tio~ts must be declared to and appx'oved by tl~e City. /~t tl~e Ol~,tio~ of tl~e ~ity, eitl~e~;: tl~e insu~'e~' sl~all ~-educe o~- eli~l~i~a~e z;ut:l~ tledt.;ctil.~les o~' self-in:;u~'~d retet~ons as ~-espects the City, its o~[ice~.'s, o[[icinls, e~tployees ~nd volunteers; ow tl~e Lessee shall provide a ~ina~cial gua~a~tee ~;atis[nctot'Y to tl~e City i~ua~'ante~ng payment ~f lo~se~ and ~-~ateci investig, ntio~5, clai~* acl~inist~'ation a~d defense expenses. '-o isions tain the [oEowit~g Otl~et' l~sura~ce I t~v ~~~~i~b-ili~Y policy Is to contain, or be endorsed to con , l~t'~visJo~s: 'l'l~e City, It.r; officer's, officials, eutployees and volunteer's a~-e to be cove,'ed ' ,. -,~l)eCt to ].i;~bi.lity a~-islng out of ownex'slxip, ~nait~tenat~ce o,' u:;e c~l' ti~at i~a~'t of tl~e px-emises leased to the lessee. 2. 'l'l~e l..e:;:;ee':; i~sut-:.~ce covet'age :;l~fll be l')z'i~na~'Y insu~'ance as t-o:;pects tl,e City, i{.:; o[l. icet'~, o[l'icials, e~ployees and volunteez's. At~y i~su~-~cc ~,~. :;eil'.-i~:;~'a[~cc~ ~ai~tait~ed by tl~e City, its office~'s, officii~ls, etnlt, loye~s o~' volu~tee~':; 51~all be excess of tl~e Lessee's inst~rance al~d sl~al.l ~-.ot co~tribute witl~ it. 3. E;Icl~ i~stira~ce policy re(luired by tills clause shall be enclorse(I ~o sta~e tl~;~t, covern/;e sl~all not I~e cnnceJed, except nEtev tl~ix-ty (30) days' prior wrjt(~l~ ~.~[ic~ by (.:tttrtilJed lllOJJ, I'el. Ul*ll F~(:(~ii:~L Ft::Clt)e'~teO, I~a5 beeF~ to (l~e Ci(y. ^ccep_tability_ of I~surers l~sura~ce is to be placed xvitl{ ii~sucers ~,,itl~ a current A.I.I. 13est's rating It:ss tl~a~ A:VII. veri[icatio~ of Cover;;tg_e. I. es:;ee :;l~all lt~r~isl~ tl~e City witl~ original certil'icates and a~nendatory e~ri~rse~e~s e{fecting covet'al:~e recluired by tills clause. 'l'l~e enclocsements r;l~c~t~lci be ~')~ l~'~r~s l~rovidcd by I.l~e City of on otl~ec titan ti~e City's forms, i~'ovided I.l~0:Se e~dorseu~ents oc policies conform to the recluire.~ents. ce~'tilicntes ;l~tl e~dorse~nents are to be received and approved by the City I~ef~'e woe'lc c:c~e~(res. 'l'l~e City ceserves tl~e rigl~t to recluire complete, cel'ti/i~?d COl~i~s of nil retit~ired iil:;ura~ce policies, indudi~g el~clorsements ~:ll~ectisst; I.l~u covut'age re~lUit'ed by tl~ese specifications il{ ally tissue. .. ,. , ,. .:1 1 . · , ITEM NO. 10b DATE: August 4, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SETTING THE LIMITATION ON CITY EXPENDITURES FOR FISCAL 1999-2000. The passage of Proposition 4 in 1979 (Article XIIIB of the California Constitution), requires local governments to prepare a statement of appropriations limitation. Also, each of the governing bodies must pass a resolution setting the appropriations limit for each budget year. Briefly, the City's appropriation growth rate is limited to the change in the County's population and the change in California's per capita personal income. Exhibit A, attached to the proposed resolution for fiscal year 1999-2000, sets forth the calculations necessary to establish the appropriations limit for the City of Ukiah's 1998-99 fiscal year. For this calculation, each revenue source and General Fund transfer, listed in the adopted budget, must be allocated as "proceeds from taxes" or "non-proceeds from taxes." Adoption of this resolution assures the community and the State of California that the appropriations approved do not exceed the City's annual appropriations limit. For fiscal year 1999-2000 the calculations show a limit of $20.9 million and appropriations subject to the limit of $5.0 million. This provides a large margin of safety ($15.9 million) before compliance with this law would become a problem. Staff recommends that the City Council adopt the resolution fixing limitations on City expenditures for Fiscal Year 19999-2000. RECOMMENDED ACTION: 1). Adopt the resolution setting the Fiscal Year 1999-2000 Appropriations limit at $20,978,877. ALTERNATE COUNCIL POLICY OPTIONS: 1. Postpone adoption of appropriation limit resolution. 2. Adopt resolution with modifications. Prepared by: Gordon Elton, Finance Director Coordinated with: Candace Horsley, City Manager Attachments: 1) FY 1999-2000 Appropriation limitation Resolution. 2) State of California, Department of Finance "PRICE AND POPULATION INFORMATION" letter dated May 1, 1999. / ~fidace Horsley~City Manager GE~GANN[~MT.AGN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2000-_. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FIXING LIMITATION ON CITY EXPENDITURES FOR FISCAL YEAR 1999-2000 WHEREAS, the provisions of Proposition 4, (Article Xlll B of the California Constitution), the spending initiative, passed by the voters of the State of California, place a limitation on the expenditures of governmental agencies; and WHEREAS, the above referenced legislation requires the City of Ukiah to establish its appropriation limit for the 1999-2000 fiscal year; and WHEREAS, the Director of Finance of the City of Ukiah has computed the limitation of the City of Ukiah for the 1999-2000 fiscal year in accordance with the provisions thereof in the amount of $20,978,877; and WHEREAS, the appropriation limitation for the 1999-2000 fiscal year was determined by utilizing the change in California per capita income for the 1999-2000 fiscal year and the percentage of population change within Mendocino County as estimated by the State of California, Department of Finance estimates as of January 1, 1999. NOW, THEREFORE, BE IT RESOLVED, that the budgetary appropriation limitation of the City of Ukiah for fiscal year 1999-2000 is hereby fixed at $20,978,877, as set forth on Exhibit "A" attached hereto and made a part hereof by this reference. PASSED AND ADOPTED this 4th day of August, 1999, by the following roll call vote: AYES: NOES: ABSENT: A'I-I'EST: Jim Mastin, Mayor Marie Ulvila, City Clerk 4:Res:Limit.99 CITY OF UKIAH SCHEDULE TO DETERMINE COMPLIANCE WITH PROPOSITIONS 4 & 111 APPROPRIATION LIMIT FOR THE FISCAL YEAR ENDED JUNE 30, 2000 EXHIBIT "A" Based on Fiscal Year 1999-2000 Budget A) PROCEEDS OF TAXES $5,447,224 B) LESS: EXCLUSIONS $386,500 C) APPROPRIATIONS SUBJECT TO LIMITATION $5,060,724 D) CURRENT YEAR LIMIT $20,978,877 $15,918,153 E) AMOUNT UNDER THE LIMIT (MARGIN OF SAFETY) GANN45.XLS 7/12~99 Page 1 of 5 CITY OF UKIAH APPROPRIATIONS SUBJECT TO GANN LIMIT 1996/97 1997/98 1998/99 1999/2000 LIMIT PRIOR YEAR TIMES: % CHANGE IN CALIFORNIA PER CAPITA INCOME (a) (b) OR % GROWTH IN NON-RESIDENTIAL ASSESSED VALUATION $16,680,814 $17,573,297 $18,697,470 1.0467 1.0467 1.041 5 $19,829,779 1.0453 AND TIMES: % POPULATION CHANGE CITY (a) % POULATION CHANGE COUNTY (a) (c) 1.003 1.01 35 1.01 32 1.0065 1.0165 1.0183 1.0073 1.0121 NEW LIMIT (;17,573,297 (;18,697,470 (;19,829,779 $20,978,877 NOTES: (a) State of California, Department of Finance estimates, May 1998 (b) Factor Chosen for calculation, by default. (c) Factor Chosen for calculation. GANN45.XLS 7/12~99 Page 2 of 5 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 1999/2000 REVENUE SOURCE TAXES PROPERTY TAXES SALES & USE TAXES PROPERTY TRANSFER TAX ROOM OCCUPANCY TAX BUSINESS LICENSE TAX FRANCHISE TAX FRANCHISE IN-LIEU CITY UTILITIES OTHER TAXES LICENSES AND PERMITS BICYCLE LICENSES BUILDING PERMITS ELECTRICAL PERMITS PLUMBING PERMITS MECHANICAL PERMITS MISCELLANEOUS PERMITS FINES & PENALTIES INTERGOVERNMENTAL MOTOR VEHICLE IN LIEU TRAILER COACH FEES OFF HIGHWAY LICENSES TAX RELIEF VICHY SPRINGS FIRE CONTRACT P.O.S..T. REIMBURSEMENTS COUNTY REIMBURSEMENT MISC. PARTICIPATIONS STATE MANDATED COST REIMBURSEMENT USE OF MONEY & PROPERTY INTEREST RENT SUN HOUSE REVENUE CONCESSION INCOME RECREATION PROGRAM INCOME TRANSFERS TO OTHER FUNDS PROCEEDS OF TAXES $499,000 $2,984,000 $22,000 9200,000 9200,000 9675,000 9650,000 9240 97,300 9209,684 NON-PROCEEDS OF TAXES 9407,300 9150 965,000 910,000 98,000 94,500 910,240 935,050 90 925,000 90 920,000 990,316 9204,435 99,500 90 9166,900 9210,707 GANN45.XLS 7/12/99 Page 3 of 5 CITY OF UKIAH PROPOSITIONS 4 AND 111, APPROPRIATION LIMIT SCHEDULE TO CATEGORIZE BUDGETED REVENUE FISCAL YEAR 1999/2000 REVENUE SOURCE PROCEEDS NON-PROCEEDS OF TAXES OF TAXES CHARGES FOR CURRENT SERVICES SUBD PLANNING FEES SUBDIVISION FEES GENERAL PLAN FEES EMERGENCY RESPONSE REIM POLICE DEPARTMENT FIRE DEPT SALE OF MATERIALS SALE OF SURPLUS PROPERTY AMBULANCE FEES WEED ABATEMENT VEHICLE ABATEMENT PLAN CHECK FEES SWIMMING POOL LATE CHARGES/PENALTIES LABOR OVERHEAD REIMBURSEMENT MISCELLANEOUS TOTAL GENERAL FUND $9,000 $1,900 $1,800 $17,0O0 $14,000 $17,770 $0 $0 $350,000 $0 $20,000 $40,000 $34,000 $0 $0 $20,700 $5,447,224 $1,793,268 $7,240,492 ENTERPRISE & OTHER FUNDS $26,951,141 $26,951,141 TOTAL BUDGETED EXPENDITURES ADD: TRANSFERS INTO GENERAL FUND $5,447,224 $28,744,409 $0 $34,191,633 TOTAL PROCEEDS OF TAXES $5,447,224 TOTAL NON-PROCEEDS OF TAXES $28,744,409 GANN45.XLS 7/12/99 Page 4 of 5 CITY OF UKIAH SCHEDULE OF EXCLUDED APPROPRIATIONS FISCAL YEAR 1999/2000 BUDGET QUALIFIED CAPITAL OUTLAYS AMOUNT LEASE/PURCHASE PAYMENTS FIRE TRUCK (lOO.21Ol) CIVIC CENTER STREET EQUIPMENT (lOO.31 lO) PARKS MOWER (lOO.6OOl) $18,969 $323,983 $35,548 $8,000 $386,500 CITY OF UKIAH ALLOCATION OF INTEREST- TO TAX & NON-TAX PROCEEDS FISCAL YEAR 1999/2000 BUDGET A) TAX PROCEEDS LESS INTEREST - GENERAL FUND $5,237,54O B) LESS; EXCLUDED APPROPRIATIONS $386,500 C) NET TAX PROCEEDS $4,851,040 D) TOTAL GENERAL FUND REVENUES, LESS INTEREST $6,940,492 E) NET TAX PROCEEDS, AS PERCENT OF TOTAL GENERAL FUND REVENUE 70% F) TOTAL INTEREST $300,000 G) AMOUNT OF INTEREST EARNED FROM TAXES $209,684 H) AMOUNT OF INTEREST EARNED FROM NON-PROCEEDS OF TAXES $90,316 GANN45.XLS 7/12/99 Page 5 of 5 ST,* ..'rE OF CALIFORNIA DEPARTMENT OF FINANCE OFFICE OF THE DIRECTOR STATE CAPITOL, ROOM 1145 SACRAMENTO, CA 95814-4906 May 1, 1999 [,IAY 0 1999 GRAY DAVIS, Governor Dear Fiscal Officer: CITY OF UKIAH FINANCE DEPT. PRICE AND POPULATION INFORMATION Appropriations Limit The Department of Finance is mandated to provide population and Califomia per capita personal income change data to local jurisdictions to use in calculating their appropriations limits. The enclosures contain the official price factor and the population percentage change for setting your 1999-2000 appropriations limit. These data are effective for January 1, 1999, and were calculated on a base that excludes federal and state institutionalized populations and military populations as noted. Enclosure I provides the change in Califomia's per capita personal income. An example of how to utilize this price factor and the population percentage change in calculating your 1999-2000 limit is included. Enclosures II and IIA provide population percentage change for cities and counties, and their incorporated areas. Population Percentage Change for Special Districts Some special districts are required to establish appropriations limits. These districts should consult the state code for the various population factors that may be used for purposes of assessing change in population. Other districts are exempt under Article XIII B, Section 9(c). This letter may be received by such special districts. However, it should not be construed as a Department of Finance requirement to establish an appropriations limit. Population Certification The certification program applies only to cities and counties. It is mandated that if a Department of Finance population estimate is greater than the current certified population, the Department shall automatically file a certified copy with the State Controller's Office not less than 25 days nor more than 30 days after completion of the estimate. The Department will certify the higher estimate unless a written request not to certify is received within 25 days of the completion of the estimate. A city or county requesting that its higher estimate not be certified will remain at the current certified population. The Department of Finance will not certify a population estimate that is lower than the current certified population unless requested to do so by a city or county in writing by June 1, 1999. Fiscal Officer May 1, 1999 Page Two Questions about population should be addressed to the Demographic Research Unit at (916) 323-4086. Sincerely, B. TIMOTHY GAGE Director Enclosures · May 1, 1999 Enclosure I A. Price Factor: Article XIII B specifies that local jurisdictions select their cost-of-living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage changes to be used in setting the 1999-2000 appropriation limit are: Per Capita Personal Income Fiscal Year (FY) Percentage change over prior year 1999-2000 4.53 g. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 1999-2000 appropriations limit. 1999-2000: Per Capita Change = 4.53 percent Population Change = 1.66 percent Per Capita converted to a ratio: 4.53 + 100 100 = 1.0453 Population converted to a ratio: 1.66 + 100 100 = 1.0166 Calculation of factor for FY 1999-2000: 1.0453 x 1.0166 = 1.0627 County C~ty Enclosure II Annual Percent Change in Population Minus Exclusions (*) January 1, 1998 to January, t 999 and Total Population January 1, 1999 Total Percent Change -- Population Minus Exclusions -- Population '1998-99 1-1-98 1-1-99 1-1-99 MENDOCINO FORT BRAGG 1.62 6,290 6,392 6,392 POINT ARENA 1.16 432 437 437 UKIAH 0.73 14,874 14,983 14,983 WILLITS 0.70 5,129 5,165 5,165 UNINCORPORATED 1.32 59,140 59,923 60,166 COUNTY TOTAL 1.21 85,865 86,900 87,143 (') Exclusions include residents in state mental institutions, federal military installations, and state and federal correctional institutions. Page 1 ITEM NO. 1 oc DATE' AUGUST 4, 1999 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF SUBCOMMITTEE TO EVALUATE APPLICATIONS FOR CITY'S COMMUNITY SUPPORT GRANT PROGRAM The deadline for submittal of applications for the City's Community Support Grant Program is July 30, 1999, with funding allocations scheduled for the September 1, 1999 City Council meeting. A significant element of the process is the ranking and rating of the applications and recommendations to the City Council by a subcommittee comprised of two Councilmembers and staff. The City Council should select the two members it desires to be on the subcommittee. Last year's review and committee discussion meeting took approximately one and one half hours, after individual review of the materials transmitted by the applicants. RECOMMENDED ACTION: Select Two Councilmembers to Serve on the Subcommittee to Evaluate Applications for Community Support Grant Program and Make Funding Recommendations to the City Council. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine subcommittee is not necessary and take no action to make selection. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A City Manager Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager None Can~Jac-'~& Horsley, City M~ager mt'h:asrcc99 0804CBO ITEM NO. DATE: 1Od August 4, 1999 SUBJECT: AGENDA SUMMARY REPORT AWARD BID TO APPLIED DEVELOPMENT ECONOMICS, INC., IN THE AMOUNT OF $42,000 FOR PREPARATION OF GRANT APPLICATIONS AND IMPLEMENTATION OF GRANT PROJECTS, AUTHORIZE THE CITY MANAGER TO EXECUTE CONTRACT, AND APPROVE BUDGET AMENDMENT In accordance with Attachment 9: Procurement, of the Community Development Block Grant (CDBG) Program Planning and Technical Assistance Allocation Application for Funding (Attachment 'A'), staff has completed the bidding process for the preparation of Grant Applications and Implementation of Grant Projects. In addition to publishing the required notification to bidders, staff mailed Request for Proposals (RFP's) to over 30 regional economic development professionals. Staff received one response to the RFP, from Applied Development Economics, Inc., (Attachment 'B'). As demonstrated on pages 5 through 15 of their proposal, and confirmed by staff with regional agencies, Applied Development Economics has extensive experience in economic development grant writing, analysis and program development and is highly recommended throughout the economic development industry. In the past 10 years Applied Development Economics has written over 100 economic development grants and received over $16 million dollars for public agencies. As proposed, Applied Development Economics will write the 1999 Economic Development Planning/Technical Assistance application. If the grant is funded, Applied Development Economics will implement the 1999 Economic Development Planning/Technical Assistance grant at a cost of $42,000, of which $35,000 will be paid by CDBG. '["he following information and attached proposal provide greater detail on the proposed application. Continued on Page 2. RECOMMENDED ACTION' . . ALTERNATIVE COUNCIL POLICY OPTIONS: direction. Citizen Advised: N/A Award Bid to Applied Development Economics, Inc., in the amount of $42,000 for Preparation of Grant Applications and Implementation of Grant Projects, and Authorize the City Manager to Execute Contract. Approve amendment to the 1999/2000 budget increasing Revenue Account No. 333.0600.488.000 by $35,000, increasing Expenditure Account No. 333.4708.250.000 by $42,000, and authorizing a transfer from the General Fund (100) to the Community Development Block Grant Fund (333) of $7,000. Decide not to award bid and remand to staff with Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager . Michael Flad, Assistant City Manage~/ ) ~-~ Candace Horsley, City Manager 1. Applied Development Economic's Proposal. 2. Budget Amendment Worksheets. ~FPE~ROVED: Candace Horsley, City/Manager Award Bid to Applied Development Economics, Inc., in the amount of $42,000 for Preparation of Grant Applications and Implementation of Grant Projects and Authorize the City Manager to Execute Contract. August 4, 1999 Page 2 CDBG Program Background The City of Ukiah is entitled to competitively apply for a maximum of $870,000 in Community Development Block Grant (CDBG) funding each fiscal year. That money is broken down into several categories. The following is a brief overview of the CDBG funding process for the City of Ukiah and staff's recommendations: $352,000 $448,000 Already awarded to the Ukiah Community Center (UCC) for purchasing the existing property for a new facility. This money was applied for by UCC and the City of Ukiah under the General Allocation Program. Staff is in the process of applying for an Economic Development Program grant which is due September 10, 1999. The combined total of the General Allocation and Economic Development grants cannot exceed $800,000 each year. The Economic Development grant is broken down into three sections, totaling $448,000. $35,000 $308,000 $100,000 $4O,000 Revolving Loan Funds. These funds will be lent to businesses in the form of "gap" financing to assist in the creation of jobs. Public Infrastructure Improvements. These funds are used to provide public infrastructure that leads directly to the creation of jobs. Micro-enterprise Program. These funds will be utilized to assist Iow income persons living in Ukiah to start their own business, expand an existing business, or transition from welfare-to-work. Economic Development Planning/Technical Assistance Grant. As proposed this grant will fund Applied Development Economics to write future CDBG Economic Development Grants, USDA Grants, EDA Grants, and REDIP loans, develop an economic development plan for the Airport Business Park, and improve our Revolving Loan Fund Program. Further detail is provided below. $35,000 General Allocation, Planning and Technical Assistance Grant. Staff will begin preparing this grant as soon as the Economic Development Grants are completed. Economic Development Planning/Technical Assistance Granl The City of Ukiah requested proposals from qualified economic development consultants and consulting firms to provide services required for the City of Ukiah's participation in a variety of grant programs, including the economic development component of the State Small Cities Community Development Block Grant (CDBG) program. These services include the preparation of grant Award Bid to Applied Development Economics, Inc., in the amount of $42,000 for Preparation of Grant Applications and Implementation o¢ Grant Projects and Authorize the City Manager to Execute Contract. August 4, 1999 Page 3 , , . applications, the implementation of projects funded by the grant awards, and any activity delivery associated with the awards. The City will determine the extent of the services required on a case by case basis. The time frame for the requested services is three (3) years. The first tasks will be the application preparation of the City's 1999 CDBG Economic Development Planning/Technical Assistance grant application (the topic is: Revolving Loan Fund Analysis and Airport Business Park Infrastructure Financing Plan, and Gra~t Implementation of this project, if funded. The proposed scope-of-work includes on-going services to the City in the CDBG program and other programs for up to a three year period on an as needed basis. Services may include: , The consultant will prepare the 1999 CDBG Planning and Technical Assistance Grant application and work with City staff to develop the process, time lines, grant tasks, final product, and budget of the grant. The consultant will also prepare the grant application for final submission during early August, 1999. . The consultant will implement the Economic Development tasks within the 1999 Economic Development Planning/Technical Assistance Grant, which are: Revolving Loan Fund (RLF) Analysis and Airport Business Park Infrastructure Financing Plan TASK 1 - Economic Strategy Review and Update TASK 2 - RLF Needs Assessment TASK 3 - RLF Program Design, Review and Adjustment TASK 4 - Airport Business Park - Review of Infrastructure Capital Needs TASK 5 - Identification of Sources of Funds, including Redevelopment Agency, Grant and Loan Funds TASK 6 - Recommended Funding Approach TASK 7- Final Report The consultant will prepare various Economic Development grant applications, and if needed, provide the consulting services agreed to which implement each grant; and provide grant administration services to the extent requested by the City. The City does not anticipate the need for grant administration services. The consultant will assist the City with identification of other potential grant/loan sources, development of potential projects for funding, application preparation, and follow-up. The consultant will also provide staff training and capacity building as needed. Award Bid to Applied Development Economics, Inc., in the amount of $42,000 for Preparation of Grant Applications and Implementation of Grant Projects and Authorize the City Manager to Execute Contract. August 4, 1999 Page 4 The maximum funding available each year under the Economic Development Planning/Technical Assistance Grant Program is $35,000. A total of 5% of this amount or $1,750 may be allocated toward grant administration and may be applied to the matching funds requirement. Each eligible jurisdiction is required to contribute a cash match of up to 25% of the funds requested, as defined in Attachment 2: Cash Match Requirement of the CDBG Application for Funding (Attachment 'C'). The match for the City of Ukiah is 25% of the requested amount or $8,750. By deducting the grant administration fee of $1,750 the net City match is $7,000. The City match of $7,000 combined with the maximum grant amount of $35,000 equals the proposed project amount of $42,000. Recommendation It is staff's recommendation that the City Council award bid to Applied Development Economics, Inc., in the amount of $42,000 for the preparation of grant applications and the implementation of grant projects, authorize the City Manager to execute contract, and amend the fiscal year 1999/2000 budget accordingly. MF:kk A:CDBGPTA.ASR ATTACHMENT "A" ! ATTACHMENT 9: PROCUREMENT ] This attachment discusses the procurement requirements which the grantee must meet after the grant is awarded and the state contract has been executed. New This Year: Options for imple- menting the grant: Starting the work: If the work is hired out: Any grantee that will procure services under a P/TA grant will be required to submit documentation of the procurement process with the final product. The required documentation should consist of a narrative description of the procurement process, including a list of the proposals received with dollar amounts, and a description of the method used to select the contractor or consultant. The grantee may complete the planning work in-house or contract out for services. The federal procurement requirements will apply if the grantee chooses to hire a contractor to carry out all or part of the P/TA-funded activities. In-house: if the grantee will use only its own staff to work on the grant, work may begin upon execution of the state contract. Contracted out: If the grantee wants to contract out for services, the grantee has to go through a procurement process. If the total cost of the project from all funding sources is less than $100,000, the grantee can procure services using one of several options discussed below. If the total cost of the project exceeds $100,000, the grantee may not use the small purchase method. If the small purchase method is selected, the grantee may follow the more stringent of either its own local procurement roles or the federal procurement requirement. Options for selecting a contractor. The grantee has several options: Request for proposals (includes both RFP's and RFQ's) Delegating grant administration to another public body such as a housing authority or community development commission Small purchase Non-competitive procedures Using a contractor already under contract to the jurisdiction 56 Caveat: ~ no "loss leader" arrangements The intent of federal regulations is to require maximum open and free competition. Any "loss leader" type of arrangement in which a consultant offers to provide free services before an applicant receives a grant in remm for a future contract is prohibited by federal regulations. REQUEST FOR PROPOSALS {Includes RFP's and RFQ's) Competitive proposals (per 24 CFR 85.36(d)(3)). Request for Proposals 1. The Request for Proposals (RFP) must clearly and accurately state the technical requirements for the goods and services required; . The grantee must publicize the RFP, and to the maximum extent practicable, honor reasonable requests by parties to have an oppommity to compete; 3. Proposals must be solicited from an adequate number of qualified sources, consistent with the nature and requirements of the procurement; 4. The grantee must conduct a technical evaluation of the submitted proposals to identify the responsible offerors; . As necessary, the grantee must conduct negotiations with those offerors who are deemed responsive and responsible and fall within a competitive price range, based on the grantee's evaluation of the bidders' pricing and technical proposals. After negotiations, these bidders may be given the oppommity to submit a "best and final" offer, and . The grantee must award the contract to the most responsive and responsible offeror after price and other factors are considered through scoring the proposals or "best and final" often according to predetermined evaluation criteria. The successful proposal/offeror must clearly be the most advantageous source of the goods and Request for Qualifications For procurement involving architecture or engineering services, the grantee may use the Request for Qualifications (RFQ) competitive proposal procedure whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. In these instances, price is not used as a selection factor. 57 Once the most-qualified finn is identified, only that firm is asked for a price proposal which is subject to negotiation of a fair and reasonable price. If negotiations with the selected firm are unsu~essful, this process is repeated with the next highest-ranked firm, tmtil a fair and reasonably-priced contract can be awarded The grantee must take care to document the basis for its determination of the most qualified competitor and the reasonableness of the contract price. This qualifications- based approach to the competitive proposals method may not be used to purchase other than architectural and engineering services (24 CFR 85.36(d)(3)(v)). For applicants' information, the above-cited federal rule relating to the procurement of architectural and engineering (A/E) services is quoted verbatim: "Grantees and subgrantees may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort." This means that: Qualifications-based procurement can be used only for A/E services. Request for Qualifications may be issued. The competitors' qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. An RFQ cannot be used to purchase other types of services, even though A/E firms are potential sources to perform other types of services. In addition, the federal procurement regulations generally discourage the use of local geographical preferences in the evaluation of bids or proposals except where mandated by federal statutes, due to the restrictions on open competition which result. However, in procuring architectural and en~neering services, geographic location is permitted as a selection criteria provided this criterion leaves an appropriate number of qualified firms (24 CFR 85.36(c)(2)). If only one response is received, the grantee must contact CDBG for permission to select this sole source. See below under Non-Competitive Proposals (Sole Source) for more information. 58 NOTE: Sealed Bid procurement is another common method of procurement. It is not described in this attachment since it is seldom used in conjunction with P/TA grants. If you have questions, please contact your CDBG representative. DELEGATING GRANT ADMINISTRATION TO ANOTHER PUBLIC BODY, SUCH AS A HOUSING AUTHORITY OR COMMUNITY DEVELOPMENT COMMISSION This is acceptable provided the grantee and the public enhty have a memorandum of understanding or contract that describes the division of grant management responsibilities and provides, at a minimum, that: , . The public body is responsible to the grantee for complying with all provisions of the grant agreement that are delegated to the public body. The grantee is responsible for monitoring the public body for conformity with the grant agreement provisions. The public body will comply with the provisions in OMB Circular A-87 (Circular A-122 if nonprofit) regarding charges for services and will charge the grantee on an actual cost rather than a fixed-fee basis. SMALL PURCHASE PROCEDURE USING EITI-Il~.R LOCAl. OR ,~EDERAL (whichever is more strinRent) RF. OUIRF. MF. NTS. TI-IF. FEDERAL REQUIR£MENTS ARl~. · Price or rate quotations must be obtained from a sufficient number (usually three) of qualified vendors. These quotes may be obtained over the telephone or in writing. The Jurisdiction should provide the same information on work to be performed to all bidders and document the file with the bid informahon and the basis for selection. If only one response is received, the grantee must contact CDBG for permission to select this sole source. See below under Non- Competitive Proposals (Sole Source) for more information. NON-COMPETITIVE PROCEDURES (SOLE SOURCE} Procurement by this method means a procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources (i.e., by using the RFP, RFQ, or small purchase method), competition is determined to be inadequate. This method can only be used when awarding a contract is not feasible using the competitive proposal or small purchase method, and one of the following circumstances applies: 59 o The service is available only from a single source There is an emergency situation or extremely urgent need and time will not allow other procurement methods After soliciting a number of sources, competition is determined to be inadequate. If a grantee has attempted procurement by the Request for Proposal or Small Purchase methods and these methods resulted in only one bid received, or if the grantee wishes to procure using the Non-Competitive method, then the grantee must submit a written request to the Department prior to selecting a single bidder. The whtten request must address certain questions. Before making such a request, the grantee should contact a CDBG representative to obtain the correct format. USING A CONTRACTOR WHO IS AI.R£ADY UNDER CONTRACT TO TIlE JURISDICTION If the jurisdiction has a consultant under a pre-existing, multi-year contract, CDBG will permit the grantee to use that consultant without going through an additional procurement process, subject to the following restrictions: A single RFP for CDBG administrative services including housing, public works, community facilities and public services, and economic development is not consistent with the federal procurement requirement. That is, an RFP of such broad scope would place unreasonable requirements on firrns in order for them to qualify do business. Therefore, HCD restricts three-year contracting to specific specialty areas. A single RFP to carry out all CDBG housing-related activities or all CDBG economic development-related activities would be acceptable. 60 ATTACHMENT 8: NATIONAL OBJECTIVE DOCUMENTATION National Objectives Benefits the Targeted Income Group Eliminates or prevents slums or blight Federal law establishes the primary national objective for the CDBG Program as the development of viable urban communities by providing decent housing and a suitable living environment and by expanding economic oppommifies, principally for persons of low and moderate income. Definition of targeted income ~oup. "Persons of low and moderate income" are defined as families and individuals whose incomes do not exceed 80% of the county median income, with adjustments for smaller and larger families. According to State CDBG Program regulations, these Targeted Income Group (TIG) individuals and families are intended to be the principal beneficiaries of the State CDBG Program. See attachment 7 for the current income limits. General requirements P/TA activities must be directed towards the planning of a project which, if brought to completion, would meet the CDBG objectives in State and Federal law. General studies that provide a community-wide service or data base will not be considered to meet program objectives unless the community as a whole is 51% TIG and the work, if completed, would principally benefit TIG. Which objectives can be met For G/NA. TIG benefit only State law requires that any proposed G/NA P/TA activity must, if brought to completion, principally benefit TIG persons. "Principally benefit" means that 51% of those individuals who benefit from the activity are from the TIG. For ED. Either of two National Objectives State law allows any proposed ED P/TA activity to satisfy any one of the two HUD national objectives: "aiding in the prevention or elimination of sims and blight" or "benefiting low and moderate income persons." Applicants who intend to address the slums and blight ._ational objective should contact the Department to confirm the eligibility of the activity 54 Documentation required with the application. Benefit to the Targeted Income Group. Applicants must provide information in the application about how the P/TA project, if brought to implementation, would "principally benefit" TIG persons. "Principally benefif' means that at least 51% of the beneficiaries of the implemented project must be TIG. Documentation sources: Applicants may use 1990 census data, income surveys, or other reliable data sources to show how at least 51% of the beneficiaries will be TIG. For ED applications, applicants should document the number of jobs that will be created for TIG persons out of the total number of jobs projected to result from project implementation. The basis for estimates of the total number of jobs to be created ~om project implementation and the number of TIG jobs that will be created must be supported by information provided under item//3 of the application's "Activity Description Form." Applications that do not provide support for the job estimates and TIG benefit will be deemed not to have met the ED national objective requirement Aid in the elimination or prevention of slums and blight Applicants must provide information in the application about how the P/TA project, if brought to implementation, would aid in the prevention or elimination of slums and bhght. Documentation sources: Local Redevelopment Agency/Plan information that describes: That the study is related to a project located within an area delineated by the jurisdiction that meets the definition of slum, blighted, deteriorated or deteriorating area under state and local law; that throughout the area there is a substantial number of deteriorated or deteriorating buildings or the public improvements are in a general state of deterioration; how the planning study is related to an activity that will address one or more of the conditions which contributed to the deterioration of the area. 55 ATTACHMENT "C" ATTAC,.HMENT Z: CASH- MATCH.REQ..U. IREMEN.T,. Regulatory authority. CDBG's Program Statute (Health and Safety Code, Section 50833) requires each applicant to contribute a cash match of up to 25% of the funds requested. Basis of the cash match calculation. The basis of the cash match is local sales and use tax revenues for each eligible city and county. CDBG obtains revenue data from the State Controller's Office and computes the data on a per capita basis to determine the cash match percentage for each applicant. The cash match percentage requirement for each eligible city and county is shown at the end of this attachment. For joint applicants, the amount of the cash match is determined by: · Calculating the amount of the grant each jurisdiction will receive, then: · Multiplying those amounts by each jurisdiction's cash match percentage. Resolution of local commitment. The cash match must be documented in a Resolution submitted with the application package. See Attachment 11 for a sample Resolution. Acceptable sources for cash match. Local general funds, except that in-kind contributions are Mot acceptable. CDBG program income from previous grants. Organizations who may benefit from the activity may contribute funds to the applicant for use as cash match. However, such a contribution prevents that organization from working on the grant-funded project as a contractor or subcontractor. 26 Acceptable expenditures of cash match on the grant. Payment of personnel and related costs of the jurisdiction when city or county staff carry out the study or project. The jurisdiction must maintain accurate accounting records to show the cash match was set aside for the grant and that local staff time was accounted for and paid by the cash match. Salaries and supplies related to the general administration of the grant. Payments of services for any contractors or subcontractors. Cash match accounting. The cash match must be set aside and identifiable in the jurisdiction's fiscal records (i.e., the expenditures of the cash match must be identifiable in an audit or fiscal review). Local cash match must be fully expended before the grantee spends any of the CDBG grant award. Reductions in final grant expenditures will not result in a commensurate reduction in the required cash match. If any savings occur, the grantee will have to disencumber or return any CDBG funds. 27 CASH MATCH PERCENTAGES NOTES: 1. The data in this attachment were obtained in May 1999 from the State Controller's Office. The data are contained in a report entitled "Sales & Use Tax Revenues Per Capita & Estimated Population." . To calculate the minimum amount of cash match required, multiply the percentage in the "Cash Match Percentage" column opposite the applicant's name times the total amount of CDBG funds requested. TIG~ Cash Match General Jurisdiction County percentage Percentage Representative Alpine, County of Alpine 43 25 Allen Jones Alturas Modoc 45 20 Stuart Baker Amador City Amador 37 10 Allen Jones Amador, County of Amador 34 7 Allen Jones American Canyon Napa 31 16 Larry Davis Anderson Shasta 53 17 Rhoda Moser Angels Camp Calaveras 42 23 Allen Jones Arcata Humboldt 56 14 Stuart Baker Arroyo Grande San Luj, s 32 17 Susan Kessler Obispo~ Atherton San Mateo2 7.6 5 Mimi Kawaguchi Atwater Merced 41 6 Mimi Kawaguchi Auburn Placer 33 20 Susan Kessler Avalon Los Angeles: 55 23 Mimi Kawaguchi Avenal Kings 52 2 Harry Fails Benicia Solano 22 15 Larry Davis Biggs Butte 47 3 Larry Davis Bishop Inyo 47 25 Allen Jones Blue Lake Humboldt 43 5 Stuart Baker Bradbury Los Angeles: 4 1 Mimi Kawaguchi Brawley Imperial 52 8 Mimi Kawaguchi Buellton Santa Barbara 32 25 Harry Faris Butte, County of Butte 45 3 Larry Davis Economic Development Representative Janet Myles John Turner Janet Myles Janet Myles Jack Mahan John Turner Janet Myles Jack Mahan Jim Bishop Jim Bishop Jim Bishop Janet Myles Jim Bishop Jim Bishop Jack Mahan John Turner Jim Bishop Jack Mahan Jim Bishop Jim Bishop Jim Bishop John Turner 1. This figure represents the percentage of Targeted Income Group (TIG) in the jurisdiction based on 1990 census data. 2. Although the cities listed within this county are CDBG-eligible j ufisdictions, the county itself is not. 26 Jurisdiction Calaveras, County of Calexico Calipatria Calistoga Canyon Lake Capitola Carmel Carpinteria Ceres Chowchilla Clearlake Coachella Colfax Colusa Colusa, County of Corcoran Corning Crescent City Del Norte, County of Del Rey Oaks Dinuba Dixon Dorris Dos Palos Dunsmuir El Centro El Dorado, County of Etna Eureka Exeter Farmersville County Calaveras Imperial Imperial Napa Riverside2 Santa Cruz Monterey Santa Barbara Stanislaus Madera Lake Riverside Placer Colusa Colusa Kings Tehama Del Norte Del Norte Monterey Tulare Solano Siskiyou Merced Siskiyou Imperial El Dorado Siskiyou Humboldt Tulare Tulare TIG: Percentage 35 64 64 52 14 47 26 38 38 47 55 70 57 44 43 56 56 48 42 21 49 38 71 54 51 45 35 50 46 49 64 Cash Match Percentage 6 15 2 11 1 25 25 12 12 8 10 7 25 22 7 10 25 15 4 15 11 15 5 10 9 17 5 8 25 8 4 General Reoresentative -- Allen Jones Mimi Kawaguchi Mimi Kawaguchi Larry Davis Mimi Kawaguchi Allen Jones Mimi Kawaguchi Harry Faris Allen Jones Harry Faris Larry Davis Mimi Kawaguchi Susan Kessler Susan Kessler Susan Kessler Harry Fails Rhoda Moser Stuart Baker Stuart Baker Mimi Kawaguchi Harry Fails Larry Davis Stuart Baker Mimi Kawaguchi Stuart Baker ! Mimi Kawaguchi Larry Davis Stuart Baker Stuart Baker Harry Faris Harry Faris Economic Development Reoresentative Janet Myles Jim Bishop Jim Bishop Jack Mahan Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Jim Bishop Jack Mahan Jim Bishop Janet Myles John Turner John Turner Jim Bishop John Turner Jack Mahan Jack Mahan Jim Bishop Jim Bishop Jack Mahan Jack Mahan Jim Bishop Jack Mahan Jim Bishop Janet Myles Jack Mahan Jack Mahan Jim Bishop Jim Bishop 29 Jurisdiction Femdale Fort Bragg Fort Jones Fortuna Fowler Glenn, County of Gonzales Grass Valley Greenfield Gridley Guadalupe Gustine Hanford Hermosa Beach Hidden Hills Hollister Holtville Hughson Humboldt, County of Huron Imperial Imperial, County of Indian Wells Industry Inyo, County of Ione Jackson King City Kings, County of Lake, County of Lakeport County Humboldt Mcndocino Siskiyou Humboldt Fresno~ Glenn Monterey Nevada Monterey Butte Santa Barbara Merced Kings Los Angeles2 Los Angeles2 San Benito Imperial Stanislaus Humboldt Fresno Imperial Imperial Riverside2 Los Angeles2 Inyo Amador Amador Monterey Kings Lake Lake T!O~ Percentaee -- 34 42 54 39 48 46 64 53 60 57 76 30 41 22 7 44 53 40 43 69 33 51 11 53 38 29 42 58 45 43 37 Cash Match Percentage 12 25 2 14 16 4 7 25 4 21 4 6 17 14 3 13 4 7 3 4 16 2 25 25 7 3 25 14 2 5 25 General Representative Stuart Baker Stuart Baker Stuart Baker Stuart Baker Harry Fads Rhoda Moser Mimi Kawaguchi Susan Kessler Mimi Kawaguchi Larry Davis Harry Fads Mimi Kawaguchi Harry Faris Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Allen Jones Stuart Baker Harry Fads Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Allen Jones Allen Jones Allen Jones Mimi Kawaguchi Harry Faris Larry Davis Larry Davis Economic evelopment epresentative Jack Mahan Jack Mahan Jack Mahan Jack Mahan Jim Bishop John Turner Jim Bishop Janet Myles Jim Bishop John Turner Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Jack Mahan Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Janet Myles Jim Bishop Jim Bishop Jack Mahan Jack Mahan 30 Jurisdiction Lassen, County of Lemoore Lincoln Lindsay Live Oak Livingston Loomis Los Banos Loyalton Madera, County of Mammoth Lakes Maricopa Marina Mariposa, County of Marysville Mendocino, County of Mendota Merced, County of Modoc, County of Mono, County of Montague Monterey, County of Morro Bay Mount Shasta Napa, County of Nevada City Nevada, County of Newman Oakdale Orland County Lassen Kings Placer Tulare Sutter Merced Placer Merced Sierra Madera Mono Kern2 Monterey Mariposa Yuba Mendocino Fresno2 Merced Modoc Mono Siskiyou Monterey San Luis Obispo' Siskiyou Napa Nevada Nevada Stanislaus Stanislaus Glenn TIG~ Percentage -- 38 34 45 58 66 47 26 43 33 41 40 36 52 35 45 38 68 45 43 41 52 44 43 45 36 42 34 47 37 50 Cash Match Percentaee -- 4 9 10 5 4 4 10 11 11 5 25 2 4 11 21 6 6 3 3 5 6 4 16 24 4 25 5 9 20 15 General Reoresentative -- Rhoda Moser Harry Faris Susan Kessler Harry Faris Rhoda Moser Mimi Kawaguchi Susan Kessler Mimi Kawaguchi Susan Kessler Harry Faris Allen Jones Harry Faris Mimi Kawaguchi Allen Jones Susan Kessler Rhocla Moser Harry Fails Mimi Kawaguchi Stuart Baker Allen Jones Stuart Baker Mimi Kawaguchi Susan Kessler Smart Baker Larry Davis Susan Kessler Susan Kessler Allen Jones Allen Jones Rhoda Moser Economic evelopment epresentative John Turner Jim Bishop Janet Myles Jim Bishop Janet Myles Jim Bishop Janet Myles Jim Bishop John Turner Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Janet Myles Jack Mahan Jim Bishop Jim Bishop John Turner Jim Bishop Jack Mahanr Jim Bishop Jim Bishop Jack Mahan Jack Mahan Janet Myles Janet Myles Janet Myles Janet Myles John Turner 31 Jurisdiction Oroville Pacific Grove Palos Verdes Estates Patterson Pismo Beach Placer, County of Placerville Plumas, County of Plymouth Point Arena Portola Rancho Mirage Red Bluff' Ridgecrest Rio Dell Rio Vista Riverbank Rocklin San Benito, County of San Joaquin San Juan Bautista San Juan Capistrano Sand City Santa Barbara, County of Santa Cruz, County of Scotts Valley Shasta, County of Shasta Lake Sierra, County of Siskiyou, County of TIG~ Cash Match County Percentage Percentage Butte 60 25 Monterey 35 15 Los Angeles2 7 3 Stanislaus 37 10 San L~s 37 24 Obispo~ Placer 30 6 El Dorado 50 25 Plumas 39 10 Amador 36 9 Mendocino 54 16 Plumas 50 10 Riverside2 26 25 Tehama 53 23 Kern2 23 11 Humboldt 53 3 Solano 39 22 Stanislaus 41 5 Placer 26 14 San Benito 38 4 Fresno2 65 9 San Benito 47 15 Orange 31 17 Monterey 83 25 Santa Barbara 43 3 Santa Cruz 40 4 Santa Cruz 22 25 Shasta 39 3 Shasta Not Avail 3 Sierra 33 8 Siskiyou 44 2 General Reoresentative Larry Davis Mimi Kawaguchi Mimi Kawaguchi Allen Jones Susan Kessler Susan Kessler Larry Davis Susan Kessler Allen Jones Rhoda Moser Susan Kessler Mimi Kawaguchi Rhoda Moser Harry Faris Stuart Baker Larry Davis Allen Jones Susan Kessler Mimi Kawaguchi Harry Faris Mimi Kawaguchi Mimi Kawaguchi Mimi Kawaguchi Harry Faris Allen Jones Allen Jones Rhoda Moser Rhoda Moser Susan Kessler Stuart Baker Economic Development Reoresentative John Turner Jim Bishop Jim Bishop Janet Myles Janet Myles Janet Myles Janet Myles John Turner Janet Myles Jack Mahan John Turner Jim Bishop John Turner Jim Bishop Jack Mahan Jack Mahan Janet Myles Janet Myles Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop Jim Bishop John Turner John Turner John Turner Jack Mahan 32 Jurisdiction Solano, County of Soledad Solvang Sonora South Lake Tahoe St. Helena Stanislaus, County of Suisun City Susanville Sutter, County of Sutter Creek Taft Tehama Tehama, County of Trinidad Trinity, County of Truckee Tulare, County of Tulelake Tuolumne, County of Ukiah Vemon Waterford Weed West Sacramento Westmorland Wheatland Williams Willits Willows Winters TIG~ Cash Match CounW percentage Percentage Solano 34 1 Monterey 66 2 Santa Barbara 34 25 Tuolumne 41 25 E1 Dorado 55 19 Napa 36 25 Stanislaus 38 6 Solano 34 4 Lassen 41 12 Sutter 39 4 Amador 39 20 Kern2 25 24 Tehama 42 1 Tehama 45 3 Humboldt 27 24 Trinity 49 7 Nevada 34 16 Tulare 48 3 Siskiyou 64 11 Tuolumne 34 7 Mendocino 42 25 Los Angeles2 68 25 Stanislaus 50 5 Siskiyou 58 16 Yolo 55 25 Imperial 54 6 Yuba 39 7 Colusa 48 20 Mendocino 45 24 Glenn 51 16 Yolo 38 6 General Representative Larry Davis Mimi Kawaguchi Harry Faris Allen Jones Larry Davis Larry Davis Allen Jones Larry Davis Rhoda Moser Rhoda Moser Allen Jones Harry Faris Rhoda Moser Rhoda Moser Stuart Baker Rhoda Moser Susan Kessler Harry Fads Stuart Baker Allen Jones Rhoda Moser Mimi Kawaguchi Allen Jones Stuart Baker Susan Kessler Mimi Kawaguchi Susan Kessler Susan Kessler Rhoda Moser Rhoda Moser Susan Kessler Economic DRevelopment epresentative Jack Mahan Jim Bishop Jim Bishop Janet Myles Janet Myles Jack Mahan Janet Myles Jack Mahan Janet Myles Janet Myles Janet Myles Jim Bishop John Turner John Turner Jack Mahan Jack Mahan Janet Myles Jim Bishop Jack Mahanr Janet Myles Jack Mahan Jim Bishop Janet Myles Jack Mahan Jack Mahan Jim Bishop Janet Myles John Turner Jack Mahan John Turner Jack Mahan 33 Jurisdiction Woodlake Yolo, County of Yountville Yreka Yuba, County of County Tulare Yolo Napa Siskiyou Yuba TI...~G~ Percentage~ 67 46 44 44 51 Cash Match Percentage 5 2 12 25 4 General Reoresentative -- Harry Faris Susan Kessler Larry Davis Stuart Baker Susan Kessler Economic Development Reoresentative _ Jim Bishop Jack Mahan Jack Mahan Jack Mahan Janet Myles 34 LLI 0 Z 0 GENERAL FUND #100 Budgeted 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 during the fiscal year: Date Proposed 8/4/99 Transfer match to PfTA Grant - Fund #333 Account No. 100.283.333 $ (7,000) Revised Budgeted Ending Fund Balance 6/30/2000 $ 845,699 RESERV00.XLS7~99 Page 1 Funds 100; 110; 115; 130; 131 CDBG GRANT - FUND #333 Budgeted amounts: Beginning fund balance 7/1/99 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/2000 $ 27 $ 19,238 $ (19,238) $ 27 Adjustments made during the fiscal year: Date Approved 8/4/99 Planning/Technical Assistance Grant revenue 8/4/99 Planning/Technical Assistance Grant expense 8/4/99 Transfer from General Fund for match funds Account No. 333.0600.488.000 $ 35,000 333.4708.250.000 $ (42,000) 333.281.100 $ 7,000 Revised ending fund balance 6/30/2000 $ 27 RESERV00.XLS 7/30/99 Page 1 Funds 332; 333; 334; 335; 530 I1 i1 PROPOSAL FOR PREPARATION OF GRANT APPLICATIONS and IMPLEMENTATION OF GRANT PROJECTS CITY OF OK/AH July 28,1999 Prepared For: The City of Ukiah Michael Flad, Assistant City Manager Prepared by: Applied Development Economics, Inc. 1029 J Street #310, Sacramento, California 95814, 916/441-0323 2029 University Avenue, Berkeley, California 94704 www.adeusa.com ITEM NO. 10e DATE' AUGUST 4, 1999 SUBJECT: AGENDA SUMMARY REPORT __ APPROVAL OF SUPPORT FOR SENATE CONSTITUTIONAL AMENDMENT THREE SC.(_~..~_.~_~, TRANSPORTATION FUNDING' SALES AND USE TAX Senate Constitutional Amendment Three (SCA 3) would allow a one half percent (0.5%) increase in the sales tax to finance local transportation projects and needs over the next 20 years. The November 2000 statewide ballot, would, if approved, impose an increase in sales tax to fund improvements identified in a preadopted transportation expenditure plan in the counties in which the measure passed. Transportation issues continue as high priority concerns, particularly with respect to funding opportunities. This measure would allow local electorates to tax themselves for necessary infrastructure - an implementation method sought by advocates of these improvements for several years. Included as attachment three is an excerpt of the 1994 "Countywide Transportation Financing Study" prepared for the Mendcino Council of Governments which includes this proposal among other funding tools. As can be seen by the information from the League of California Cities (attachment two), there is considerable support for the Amendment, with no identified opposition to date. An additional recommendation for support is presented by the Mendocino Council of Governments staff in attachment four. Staff believes support of this legislation is appropritate as it allows local residents to address and respond to local transportation issues. RECOMMENDED ACTION: Approve Letter of Support for Senate Constitutional Amendment Three to Be Sent to the State Legislature over the Mayor's Signature. ALTERNATIVE COUNCIL POLICY OPTIONS: . . Determine modifications are to be made to the legislation, identify changes, and direct staff to submit recommendations to the State legislature. Determine legislation is not appropriate and take no action to support. Citizen Advised: N/A Requested by: Rick Kennedy, Public Works Director/City Engineer. ~---,,,, Prepared by: Michael F. Harris, Risk Manager/Budget Officer ~ ,1~ ~ Coordinated with' Rick Kennedy, Public Works Director/City Engineer and Candace Horsley, City Manager Attachments: 1. Copy of SCA 3, pages 1-4. 2. Information from the League of California Cities regarding SCA 3, pages 5-9. 3. Excerpt from November 1994 "Countywide Transportation Financing Study" prepared for the Mendocino Council of Governments pages 10-27. ' 4. ~mo from Phil Dow to Patti Cam~es 28-30. can"'d~ce Horsley, City ~anager mfh:asrcc99 0804SCA3 http ://www. sen. ca. gov/htbin/testbin/ca-htm... A. FROM0000. SC A0003 ]CURRVER. TXT; 1/bilI/SCA~ rnia State Senate ~~~" Hom~ Senators Letgslation Committees Sehethdes Offices~Caueuses Au~iolTV Faqs/Links ,.,,;~bscmbe ii!:!tl Info Past Sessions '-Current Session Legislation-- SCA 3 Transportation funding: sales and use tax. BILL NUMBER: SCA 3 AMENDED 07~08~99 Statutes AMENDED IN SENATE JULY 8, 1999 AMENDED IN SENATE JUNE 28, 1999 AMENDED IN SENATE JUNE 14, 1999 AMENDED IN SENATE MAY 25, 1999 AMENDED IN SENATE MAY 11, 1999 INTRODUCED BY Senators Burton and Karnette (Principal coauthor: Assembly Member Durra) (Coauthors: Senators Baca, Costa, Figueroa, Kelley, Perata, Rainey, and Speier) (Coauthors: Assembly Members Calderon, Cardoza, Davis, Honda, Kuehl, Longville, Mazzoni, Migden, Romero, Torlakson, and Washington) FEBRUARY 8, 1999 Senate Constitutional Amendment No. 3--A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by adding Article XIXB thereto, relating to transportation. LEGISLATIVE COUNSEL'S DIGEST SCA 3, as amended, Burton. Transportation funding: sales and use tax. Existing laws set forth in the California Constitution and in statutory provisions either impose or authorize the imposition of state or local sales and use taxes upon the gross receipts from the sale within the taxing jurisdiction of, or the storage, use, or other consumption in this jurisdiction of, tangible personal property. This measure would impose, for a period of 20 years, an additional state sales and use tax rate of 0.5% for transportation purposes. This measure would impose the additional tax only in a county that, on or before this measure is approved by the voters, has adopted a transportation expenditure plan, and in which this measure is approved by a majority of the voters of the county voting on the measure. This bill would require the countywide agency responsible for the county or regional state transportation improvement program to administer the plan and tax revenues. This measure would, in an adopting county that has in effect a countywide transactions and use tax for transportation funding on the date this measure is approved, impose the additional tax only when the existing tax is repealed or becomes inoperative. 1 of 4 07/30/99 07:43:24 2of4 http://www, sen. ca. gov/htbin/testbin/ca-htm.,, A. FROM0000. SC A0003 ] CURRVER. TXT; 1/bill/SCA2 This measure would require the additional sales and use tax to be collected by the State Board of Equalization and would require that revenues derived from that tax be deposited in the Local Transportation Infrastructure Account, which this measure would create in the State Transportation Fund. This measure would require moneys in that account that were collected in each county, less administrative costs and refunds, to be allocated to that county on a quarterly basis by the State Board of Equalization. Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. WHEREAS, Adequate transportation infrastructure and services are critical to sustaining California's prosperity as well as the necessary daily activities of all Californians; and WHEREAS, California's current transportation infrastructure and levels of transportation services and funding are inadequate to meet California's present needs, much less the increased needs being created by California's continued growth; and WHEREAS, California's inadequate transportation system has, in many instances, become a burden upon individual citizens, businesses, and public entities; and WHEREAS, Eighteen counties in California representing over 80 percent of the population have passed local countywide transportation sales tax measures by majority vote for critically needed highway and public transit needs representing about one-half of all new capital invested in new facilities over the last 10 years in our state; and WHEREAS, The record clearly demonstrates that these funds have been administered efficiently and effectively to build, maintain, and operate high priority local improvement projects; and WHEREAS, In order to ensure that California will be able to meet its current and future transportation needs and thereby preserve and enhance the prosperity and daily activities of all Californians, it is necessary to t'~'~4-skrplace before the voters the opportunity to choose for themselves the creation of an additional funding source that is dedicated exclusively to the funding of California's local transportation requirements, is administered by local government representatives, and is directly responsive to each county's local transportation needs; now, therefore, be it Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 1999-2000 Regular Session commencing on the seventh day of December 1998, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended by adding Article XIXB thereto, to read: ARTICLE XIXB TRANSPORTATION IMPROVEMENT AND MAINTENANCE ACT SECTION 1. (a) Notwithstanding any other provision of this Constitution, for the exclusive purpose of funding local and regional transportation planning, research, design, construction, operation, maintenance, rehabilitation, and environmental mitigation directly related to transportation project impacts, the following sales and 07/30/99 07:43:24 http ://www. sen. ca. gov/htbm/testbin/ca-htm... A. FROM0000. SCA0003 ]CURRVER. TXT; 1/bill/SCA~ use taxes are hereby imposed under those conditions and at the time and in the manner set forth in subdivision (b)- (1) For the privilege of selling tangible personal property at retail, a sales tax upon all retailers at the rate of one-half of I percent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in this state. (2) An excise tax upon the storage, use, or other consumption in this state of tangible personal property purchased from any retailer for storage, use, or other consumption in this state at the rate of one-half of I percent of the sales price of the property. Co) (1) The taxes described in subdivision (a) may be imposed only within a county that, on or before the date this article was approved, has adopted a plan for the expenditure of tax revenues received by the county pursuant to this section to fund transportation purposes, as provided in subdivision (d). If the voters in a county have previously approved a countywide transactions and use tax of one-half of I percent for transportation funding, the policy board of the agency responsible for administering the previously approved transactions and use tax may adopt the expenditure plan. If a countywide transactions and use tax for transportation funding that has received voter approval is not in effect, then the expenditure plan must be approved by both of the following: (A) The county board of supervisors. (B) The city councils representing both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county. The countywide agency responsible for the county or regional state transportation improvement program pursuant to Section 14527 of the Government Code shall administer the plan and the tax revenues received pursuant to this section. Once adopted, a county transportation expenditure plan may be amended only by a two-thirds vote of the adopting authority or by a majority vote by the voters in that county voting on the amendment. (2) Notwithstanding Section 8.5 of Article IV, the taxes described in subdivision (a) are hereby imposed, as provided in paragraph (3), in a county only if the measure adding this article was approved by a majority vote of the voters of that county voting on the measure 6~6=pt ..... · . , ~,.~ .-. In a county in which a countywide transactions and use tax for transportation funding is in effect on the date the measure adding this article was approved by the voters of that county, the taxes described in subdivision (a) are not imposed until the current countywide transactions and use tax for transportation funding is repealed or becomes inoperative. For purposes of this article, a countywide transactions and use tax for transportation funding does not include any portion of a local sales tax that is imposed pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code), or its successor. 3of4 07/30/99 07:43:24 http://www, sen. ca. gov/htbin/testbin/ca-htm... A. FROM0000. SCA0003 ]CURRVER. TXT; 1 foill/SCA~ (3) Upon a county's compliance with the conditions set forth in paragraphs (1) and (2), the taxes described in subdivision (a) are imposed in that county for a period of 20 years commencing with the first calendar quarter that commences more than 90 days after the effective date of this section or the date of county compliance if that date is later. Except as provided in paragraph (2), the taxes described in subdivision (a) shall be so imposed in a county in addition to any other state or local sales or transactions and use taxes imposed in that county pursuant to law. (4) The taxes described in subdivision (a) shall be administered in the same manner as the taxes imposed pursuant to the Sales and Use Tax Law (Part I (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code), or its successor, and shall be subject to any exemption from tax set forth in that law. (c) The taxes described in subdivision (a) shall be collected and administered by the State Board of Equalization, or its successor agency. The revenues derived from that tax shall be deposited in the Local Transportation Infrastructure Account, which is hereby established in the State Transportation Fund. The State Board of Equalization shall allocate the moneys in that account no less frequently than on a quarterly basis as follows: (1) To the State Board of Equalization for its costs of collection and administration. (2) For the payment of refunds of amounts of tax improperly collected pursuant to this section. (3) The balance among the counties, by allocating to each county all of the remaining amount of those tax revenues that were collected with respect to a sale, use, storage, or other consumption of tangible personal property that occurred in that county. (d) All revenues received by a county pursuant to this section shall be expended exclusively for local and regional transportation planning, research, design, construction, operation, maintenance, rehabilitation, and environmental mitigation directly related to transportation project impacts. (e) Revenues derived from the taxes imposed pursuant to subdivisions (a) and (b) are not General Fund proceeds of taxes within the meaning of Article XVI. ttome Senators l,eei~l:i,,i,~ Committees Schedldes_ Offices/Caucuses ~:.~.udio?!'V _Falls/Links Please send any questions or comments about this site to V~¥bMasterC/~sen.ca.gov 4 of 4 07/30/99 07:43:24 http ://www. sen. ca. gov/htbin/tcstbirdca-aht... 0000. SCA0003 ] SACCA~ TXT; 1/analysis/Analysis rnza State Se,nate ~Home Senators Le~islat/on Committees Schedules Offiees~Caueuses Audio/TV Faqs/Links ,P :tbscribe ' Current Session Legislation- Measure Analysis Sessions Statutes ,tl,,d i t t~! l]o n SENATE CONSTITUTIONAL AMENDMENTS COMMITTEE Senator Cathie Wright, Chair BILL NO: SCA 3 HEARING: June 9, 1999 AUTHOR: Burton and Karnette FISCAL: Yes VERSION: 5/25/99 CHIEF COUNSEL: Scott Johnson REFERRED: Sen Trans (8-0) 5/18/99 LOCAL GOVERNR~ENT SPECIAL TAXES: TRANSPORTATION Summary This proposed constitutional amendment would permit a local jurisdiction to impose a one half-cent sales or use tax in order to meet local transportation needs. If SCA 3 is ultimately enacted, no additional vote of the local electorate is required provided SCA 3 is approved by the voters in the county where the local transportation sales or use tax is imposed. lof5 Background In 1987, the Legislature enacted SB 142 (Deddeh) the" Local Transportation Authority and Improvement Act" which authorized any county board of supervisors to create or designate a local transportation authority in the county in order to fund local transportation projects subject to voter approval. Eighteen counties in California representing over 80 percent of the population have passed local countywide transportation sales tax measures by a majority vote. Those Programs are expected to generate over $20 billion or approximately 15 percent of the total transportation funding in the state. The local transportation taxes have had two common features 07/30/99 07:48:31 '" ~' ~ ::' .... ~" http://www.sen.ca.g~v/htbm/testbin/~a-aht...~~~~.S~A~~~3]SA~~A.TXT;~/ana~ysis/Ana~ysis - a majority voter approval requirement and a sunset provision requiring voter reauthorization after a period of fifteen to twenty years. On September 28, 1995, the California Supreme Court overturned earlier Court of Appeal cases and upheld Proposition 62's voter approval requirements for local taxes. Proposition 62, an initiative enacted in 1986, prohibits a local agency from imposing a tax for a specific purpose known as a "special tax" unless it is approved by two-thirds of the voters. This Supreme Court decision, Santa Clara County Local Transportation Authority v. Guardino , has had a profound affect on California's transportation financing agencies, many of which will be facing reauthorization in the near future. Although created by a majority vote, a super majority two-thirds requirement will be needed to sustain their existence. This threshold is particularly troublesome to Senate Constitutional Amendments Committee SCA 3 Page 2 proponents who note that California faces a staggering transportation funding shortfall of approximately $100 billion according to a recently released report prepared by the California Transportation Commission in cooperation with Caltrans and regional transportation planning agencies. Analysis SCA 3 proposes to add a new section to Article XIX of the state constitution, which governs motor vehicle revenues. The Article XIX TRANSPORTATION IMPROVEMENT AND MAINTENANCE ACT will permit, for a period of 20 years, an additional one half cent sales and use tax for transportation purposes in a county that has adopted a transportation expenditure plan, provided that SCA 3 has received a majority vote of the voters in that county. An expenditure plan is required by the local jurisdiction as a condition precedent to the imposition of any new taxes. For those counties with a transportation sales and use tax in effect at the time of the enactment of SCA 3, the expenditure plan must be approved by the policy board 2of5 of the agency responsible for administering the existing plan. Additionally, no new taxes may be imposed until the existing countywide transportation sales or use tax is repealed or expires. 07/30/99 07:48:32 :' ' ..... http ://www. sen.ca, gov/htbin/testbin/ca-aht... 0000. SCA0003] SACCA. TXT; 1/analysis/Analysk, Those counties without an existing local transportation sales and use tax in effect at the operative date of SCA 3 must have an expenditure plan approved by both the county board of supervisors and the governing bodies of cities in the county representing a majority of the population of the incorporated areas of the county, unless there are no incorporated areas in the county. Once adopted, any local transportation expenditure plan may be amended in future years either by a two-thirds vote of the adopting authority or by a majority vote of the voters in the affected county. All revenues raised under provisions of this measure must be expended exclusively for local and regional transportation planning, research, design, construction, operation, maintenance, rehabilitation and environmental mitigation directly related to transportation project impacts. Funds earmarked for mass transit pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law are to be unaffected by this measure. Comments SCA is one part of a three-bill package that Senators Burton and Karnette have authored to address California's looming transportation infrastructure deficit. SR 8 requested the Department of Transportation and the state's regional transportation planning agencies to assess the needs of the state's transportation system. That recently submitted report estimated the magnitude of the state's Senate Constitutional Amendments Committee SCA 3 Page 3 transportation deficit to be approximately $100 billion. The third proposal, SB 315, would enact the Transportation Infrastructure Bond Acts of 2000, 2002, 2004, and 2006. If adopted by the voters it would authorize the sale of $4 billion in bonds in each of succeeding two year periods for a total of $16 billion dedicated to transportation maintenance and improvements. SB 315 has been approved by the Senate and is now pending in the Assembly. The authors have indicated a willingness to move the measure to a conference committee later this session to address the issue of transportation funding. 3 of 5 Proposed Author's Amendments The author is proposing two amendments: 1.Counties wishing to take advantage of the provisions of SCA 3 must have an expenditure plan adopted prior to the 07/30/99 07:48:32 http://www-sen.m.~v~tbin/tes~in/m-~t..0000.SCA0003]SACCA. TXT;1/analysis/Analysi enactment of this constitutional amendment; and 2.A county without a local transportation sales and use tax in place must receive approval by both a majority of the cities in the county and a majority of the population residing in the incorporated areas of the county. Further, the countywide agency responsible for the county or regional state transportation improvement program shall administer the plan and the tax revenues received. Support Silicon Valley Manufacturing Group California Chamber of Commerce California Building Industry Association California State Association of Counties (CSAC) League of California Cities San Diego Chamber of Commerce San Luis Obispo Council of Governments City and County of San Francisco California Transportation Commission San Francisco County Transportation Authority Sonoma County Transportation Authority Orange County Transportation Authority Los Angeles Metropolitan Transportation Authority San Diego MTDB (Transit Board) Santa Clara Valley Transportation Authority Amalgamated Transit Union Contra Costa Transportation Authority City of Moreno Valley SAMTRANS Operating Engineers Building Trades Council Senate Constitutional Amendments Committee SCA 3 Page 4 State Council of Laborers Merrill, Arnone & Jones, LLP Ventura County Transportation Commission City of Camarillo Standard Structures, Inc. California Common Cause Alameda County Transportation Agencies Alameda County Transportation Authority (ACTA) Alameda-Contra Costa Transit District (AC Transit) Alameda County Congestion Management Agency (Alameda CMA) San Diego Association of Governments County of Sacramento CELSOC City of Larkspur City of Santa Rosa Associated General Contractors of California Associated General Contractors, San Diego Chapter San Francisco Bay Area Rapid Transit District (BART) 4of5 -8- 07/30/99 07:48:32 '-"'~' ~" """ http://www.sen.ca.g~v/htbin/testbin/ca-aht...~~~~.S~A~~~3]SA~CA.TXT;~/ana~ysis/Ana~ysi Opposition None received Home Senators l,~:eisla~io~ Committees Schedules Offices/Cauc.ses .:~udio?FV Faqs/l.ink5 Please send any questions or comments about this site to %~'ebMaster,'/i'~sen ca ov 5of5 07/30/99 07:48:32 FINAL REPORT Countywide Transportation Financing Study For the Mendocino Council of Governments November 17, 1994 Prepared by TJKM Transportation Consultants 10 Fourth Street, Suite 17 Santa Rosa, California 95401-6210 (707) 575-5800 in association with Economic & Planning Systems 1815 Fourth Street, Suite B Berkeley, California 94710-1910 (510) 841-9190 080.-011R.3SW I. INTRODUCTION The Mendocino Council of Governments retained TJKM Transportation Consultants in association with Economic & Planning Systems (EPS) to complete a Countywide Transportation Financing Study. The objective of this study is to develop a strategic plan for the County of Mendocino which would maximize efforts in the County to obtain outside funding, identify revenue sources internal to the County, and to match transportation funding alternatives to the entities or geographic areas where they may be most effective. During the 1980s, the political calculus of who pays for public infrastructure changed as federal support declined and local fiscal conditions eroded. Budget austerity caused by taxpayer resistance and/or economic recession forced local officials searching for alternative ways to fund capital projects. The predominant pattern of public finance that have emerged are: A shift to user fees and away from general taxation. An increased dependence on development fees and exactions. The use of leasing and contracting strategies to reduce up front costs. In an era of constrained resources, financing imperatives have resulted in investment patterns that favor urban areas over rural areas. Vehicular traffic generated by growth in Menclocino County continues to increase and place a greater demand for capacity enhancements, traffic safety improvements and road maintenance. The region also attracts a significant volume of tourist and recreational traffic which impacts the road transportation system. In addition to these impacts, the County has deferred road maintenance needs and investment in capital improvements due to a lack of funds. As roads continue to deteriorate, future need for capital improvements will become greater, thus requiring even more funds. With a limited program of funding sources, some of which are now requiring matching funds and competition against other counties for available monies, funding outside of general funds is continuing to decrease. There are no easy answers or options for financing transportation improvements in Mendocino County. The reality of existing and foreseeable conditions are an increased reliance on self-sufficiency. Local agencies in the County of Mendocino have two options: Accept the status quo and the streets and roads continue to deteriorate, or Work together with other local agencies and implement some of potentially unpopular options which could provide funding to improve the streets and road system in Mendocino County. Overview of the Study Area Major vehicular transportation facilities in the County of Mendocino consist of State Highways 1, 20, 101, and 128. Caltrans has jurisdiction over these facilities and oversees all maintenance and improvement to these roads. U.S. 101 which is the most significant regional facility has been the focus of capacity enhancements over recent years. The route concept for this facility ultimately includes four lanes through Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 1 November 17, 1994 Mendocino County with limited at grade access points. Caltrans continues to fund major capacity improvements for U.S. 101. State Routes 1, 20, 128, 162, 175, 222, 253 and 271 fail under the category of maintenance and rehabilitation. The County of Mendocino is responsible for over one-thousand miles of road in the unincorporated areas of the County. Each of the four incorporated cities in the County maintain 50 miles or less each. There is generally a lack of budget available funds to maintain these roads at an appropriate level. The County budgets approximately 4.6 million dollars per year to maintain the 1,017 miles of road. It is estimated that approximately 6.9 million dollars per year is needed to maintain these roads properly. Each jurisdiction in the County is in need of capital improvements and infrastructure rehabilitation. The City of Ukiah is the only entity that has some available funds to complete these projects, however, the available funds for all of the jurisdictions in the County do not meet the totai required cost. It is estimated that there is a need for approximately $78 million of capitai improvements over the next 5-20 years which must be funded in the County. Approach and Methodology There is no one single funding source which would be a panacea for the County's transportation funding needs. Most of the externai and internai funding sources are known to ail agencies in the County of Mendocino. 'Currently, some outside funding sources are not being pursued because of a lack of matching funds or shortage of staff needed to present the proposed need to the funding agency. One approach of this report is to organize available resources and staff in the County to maximize funding output from the available programs. Based on input from key agencies, it is apparent that the locai councils and agencies have generally resisted proposing or implementing internai funding sources such as sales tax, gas tax increase, transient occupancy tax increase, benefit assessment districts, and traffic impact development fees for various reasons including political pressure from the generai public and in the interest of attracting development to bolster the locai economic base. A financing strategy that relies on locai funding sources, such as assessments, requires locai public support. There must be a perceived need for transportation improvements among the public before they will be Willing to raise their taxes. The current 'no tax' climate that exists throughout the country implies that generating locai support for increased assessments will require a well organized educationai effort. Organization of the Report The following report presents the transportation financing options available to Mendocino County including available outside funding sources and potentiai internai revenue sources. The report has been organized to focus first on the recommended actions. Supporting maintenance and construction needs are provided in the latter portion of the report. A proposed management framework is presented which is intended to guide the County in meeting its funding needs. An overview of federai, state and local funding sources are summarized. Finally, an overview of existing conditions including population and employment levels, maintenance needs, capital improvement needs, development trends, and potential development restrictions are presented. Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 2 November 17, 1994 Distinction Between Taxes~ Fees and Assessments Throughout the report the terms taxes, fees and assessments are used to describe various revenue sources. Taxes are on-going revenue sources that are collected for the purpose of funding government services and capital improvements. Taxes are assessed on items such as retail sales, hotel room revenues, assessed property values and vehicle fuel sales. There is no requirement to develop a nexus between a tax and the services it funds. Fees, on the other hand, are charged to directly offset the costs imposed by a specific activity. For example, fees can be charged for public services. There needs to be a direct nexus between a fee and the service provided. Lastly, an assessment is a charge added to the property tax bill to cover maintenance or capital improvement services that benefit a given property. The nexus requirement depends on the legislation used a basis for the assessment. Some statues require a nexus and others do not. Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 3 November 17, 1994 III. FUNDING SOURCES This chapter addresses the primary existing and potential funding sources available for the transportation improvements in Mendocino County. The implementation of any one source will depend in part on the availability of funds, the economic climate at the time the funding source is implemented, and the willingness of governing bodies and local citizens to fund the recommended improvements. The funding sources are divided into primary funding sources and other potential funding sources. Them are a variety of taxes that can pay for transportation improvements. The ideal tax would equitably assess all the users of the County transportation infrastructure: residents, businesses, tourists and through- travelers. Aside from toll roads, whose implementation is limited, there is no single tax that is ideal. When considering options for raising revenue for transportation improvements, policy makers must also consider the incidence of the tax. The "incidence" of a tax refers to whom the burden of the tax falls upon. The incidence of the local option sales tax, local option motor vehicle fuel tax and transient occupancy tax are discussed in the corresponding sub-sections below. Primary Funding Sources Transportation financing has undergone a change over the last several years. With the focus of State funds on matching federal interstate moneys or relieving congestion in the largest urban areas, there has been an increasing dependency on local funding for highway as well as local roadway improvements. The increasing statewide need for additional transportation funding has created a re-definition of the State funding programs and resulted in the voters in the State approving a nine cent per gallon increase in the State gas tax for the purpose of funding statewide transportation programs. Potential funding sources for Mendocino County are dependent on many different factors: the availability of State and federal moneys; the willingness of local elected officials and the local electorate to impose new taxes; and the ability of new development to pay for improvements through development fees or mitigation. Federal Sources The 1991 Intermodal Surface Transportation Efficiency Act (ISTEA) is new legislation guiding the federal funding of highways, transit, and planning. This Act provides more flexibility for the State and local jurisdictions in deciding how federal dollars can be spent than provided by previous federal programs. The implementation of the federal program requires implementing legislation in order to bring the State process in line with the federal law. As a result of the recent recession, federal funding of ISTEA programs has not keep up with the original intent. Surface Transportation Program (STP): This program includes $23.9 billion nationwide for the funding of highways, bridges, transit capital, and car pool projects. Funds are distributed to a state based on the Fiscal Years 1987-91 historic share adjusted to a 90 percent minimum return to source. Within a state, 10 percent of the apportionment goes for safety, 10 percent for transportation enhancement programs, 50 percent for urbanized areas over 200,000 population, and 30 percent discretionary within the state. This program replaces the previous federal urban and secondary programs. Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 13 November 17, 1994 National Highway System (NHS): This program will result in the designation of a National Highway System that replaces the Interstate and primary roads system. Twenty-one billion dollars is authorized for the NHS and $17 billion for interstate maintenance. Up to 50 percent of the NHS funds may be used to fund other road programs or transit. Up to 100 percent of these funds may be used for other programs in states with Clean Air Act non-attainment areas. Mendocino County receives funds from the NHS, through CALTRANS, for improvements to Highway 1 and Highway 101. Transit: The primary funding for rural transit systems (bus and rail) are Sections 16 and 18 which are allocated by the Federal Transit Authority (FrA). The Section 16 funds have only been available to public agencies for the last two cycles (Cycles 25 and 26). MTA was awarded a grant under Cycle 25, but did not apply in Cycle 26. Section 18 Regional Apportionment funds are available to MTA for either operating assistance or capital investment. MTA receives funds for capital investments through successfully competing for Section 18 discretionary reserve funds and the Section 180) intercity bus program funds. State Sources Existing State funding priorities are included in the 1992 State Transportation Improvement Program (STIP). The STIP is a seven-year funding program and is adopted every two years. The 1992 STIP covers the funding period through 1997/98. The 1994 STIP will also cover through the year 2000/01. County minimums and the major State funding programs are briefly described below. Currently, the existing STIP is under-funded by approximately $2 billion. As of 1992, Mendocino County's fair share of the STIP was $13.1 million. As a result of the funds allocated to Highway 101, the County was programmed for $61 million in STIP funds. As is the case for many State and Federal funding sources, the STIP is facing severe funding shortfalls. In 1994, counties were not permitted to bid new improvement projects and it is doubtful that there will be additions to the STIP in 1996. County Minimums: Each county in the State is mandated to receive a minimum allocation of statewide transportation funds on an annual basis. This allocation is determined by formula and is 'known as the "county minimum." The formula provides 60 percent of funds to the south State and 40 percent to the north State. Seventy percent of this money is allocated to counties based on population (75 percent) and total length of highways (25 percent). The remaining 30 percent is for discretionary purposes. A primary source of funding for the County Minimums is the Motor Vehicle Fuel Tax. State Transportation Improvement Program (STIP): The passage of SCA 1 allowed the last three years of the 1988 STIP to be fully funded and provided for a ten-year funding program for the State transportation system. The STIP is adopted biennially, in even-numbered years, and covers a seven-year period. Several programs are required by the passage of SB 300 and AB 471. Each of these programs would be included in the biennial STIP and are briefly described below. Interregional Road System (IRRS) Program: This program provides $1.25 billion of new revenues for interregional roads. The purpose of this program is to provide an adequate interregional road system connecting the economic centers in the State. Flexible Congestion Relief Program: This program is designed to fund $3 billion worth of projects that reduce or avoid congestion on existing routes by increasing the capacity of the transportation system, including new facilities. Projects on city streets, county roads, and State and Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 14 November 17, 1994 interstate highways may all qualify for funding. Expenditures in this program will count against the north/south split and county minimums. Distribution of the 30 percent discretionary funding (see County Minimums above) is competitive within the north State. It is up to the individual RTPAs to apply for funding up to the full bid target. The final decision on the distribution of discretionary funds is made at the California Transportation Commission (C7X2) based on the most need for the funds. State-Local Transportation Parmership Program: ~_is program provides $300 million in the first year and $200 million thereafter in State matching funds for any street or highway project that meet the State criteria. In general, the State criteria are: 1) does the improvement increase capacity; 2) does it extend service to new areas; or 3) does it extend the useful life of the roadway. These funds are non-competitive. Any qualifying project will be funded. However, the amount of funding available will decrease as the number of projects increase. Historically, the funding percentage has been 22 to 24 percent. This program will fund no more than 50 percent of any given project. The matching percentage fluctuates depending on the total amount of statewide projects making application for the program. Traffic System Management (TSM) Program: This program is designed to fund projects that increase the number of person-trips that can be accommodated along a given corridor in the peak period with minimal increase in the design capacity of the roadways. One billion dollars have been allocated for this program. First priority for funding will go to counties that have approved Congestion Management Plans. (These plans are part of the Congestion Management Program described below.) Funding for any given project is discretionary. These funds do not count against the county minimums. Commuter and Urban Rail Transit Program: The Commuter and Urban Rail Transit Program is meant to fund projects that lead to an efficient system of commuter and urban rail transit throughout the State. Proposition 108, the Passenger Rail and Clean Air Bond Act of 1990, identified $3 billion in rail bond funds for capital improvements (for intercity rail passenger and commuter rail, and other rail transit programs) to be determined by vote on three separate bond measures. Proposition 108 was approved for $1 billion in bonds in 1990. Another $1 billion bond measure, Proposition 156, failed to pass in 1992. A third bond measure for $1 billion also failed in 1994. Failure of these bond measures created a shortfall in the STIP because the anticipated $3 billion had already been programmed. Proposition 116, the Clean Air and Transportation Improvement Act of 1990, authorized another $1.99 billion in general obligation bonds for intercity and commuter rail services and other rail transit programs. The Act specifies the amount of funds available to each corridor and designates the recipients. Transit Capital Improvement: The Transit Capital Improvement (TCI) program is a state source for capital improvements to railroads and a source of funding transit bus refurbishment. In past years, North Coast Railroad and California Western Railroad have been successful in obtaining funding under this program. It requires a 50 % match from the participating railroad. Congestion Management Program: Proposition 111 authorized the imposition of a nine cent per gallon gas tax, staged over a 5-year period, to supplement funding of the STIP. In order to qualify for these new Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 15 November 17, 1994 gas tax subventions, Congestion Management Program (CMP) legislation requires every urbanized county in the State with a population of 50,000 or more to prepare, adopt and implement a Congestion Management Program. A primary goal of the CMP is to promote a coordinated planning effort to deal with congestion. Only those cities and counties that have adopted a CMP and can annually demonstrate an integration and application of CMP requirements into the land use decision-making process would be eligible for new funding. The County of Mendocino is not a CMP county. Local Sources Development Fees: Development fees or impact fees are one-time charges on new development to pay for public facilities required by the development or clearly related to it. There are a number of approaches to charging developers for the provision of public facilities. In all cases, however, the fees must be clearly related to the costs incurred as a result of the development. AB 1600, which was passed to govern the imposition of development fees, requires that a nexus, or connection be made between a fee and the type of development on which the fee is based. Furthermore, development fees cannot be used to correct existing problems or pay for improvements needed for existing development. Development impact fees cannot be accurately projected within the context of this study; however, an overall projection can be made based on expected levels of growth over the next ten years. As shown in Table B-1 of Appendix B, at a $1,000 per unit fee, approximately $5.7 million in fee revenue could be generated throughout the County. At a $2,500 fee per unit, approximately $14.1 million could be generatecL About 70 percent of this revenue could be generated in the unincorporated portions of the County where most of the growth is expected to occur. While the calculations shown here are only applied to residential development, the fee should also be applied to commercial development. Based on our experience, a nexus analysis can result in fees anywhere from $1.00 per square foot of building space to over $10.00 per square foot. The eventual fees for commercial development must consider the impact of fees on the economics of real estate development. While it is important to assess a fee to commercial uses, the fees should not be so onerous as to discourage commercial development. Consideration of the economic development benefits and the location requirements of different types of commercial development should be incorporated into the fee level. For example, fees on industrial and warehouse uses should be kept as low as possible since these developments are extremely price sensitive. Office developments, which can obtain rents between $0.75 and $1.50 per square foot can afford to carry moderate fees. Finally, retail uses which are attracted to the area to capture local expenditures, can generally afford to pay the highest fees. A county may only levy such fees in the unincorporated area over which it has jurisdiction. Any fee program to pay for regional facilities must have the cooperation of the cities in which future growth is expected to take place. By using MCOG to impose impact fees, funds for countywide improvements could be obtained and allocated to projects throughout the County. The establishment of development fees has been criticized because of its effect on the local business climate. It should be noted that economic development incentives could be used to lessen the effect of impact fees on local business. Development Mitigation/Agreements: Development mitigations are imposed whenever residential or commercial developments require approval by a local entity. Generally, mitigations are imposed as Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 16 November 17, 1994 concufio~s on tentative maps. These conditions reflect on- a~a off-site project mitigations that must be completed in order to be able to develop. Development agreements are also used to gain cooperation of developers in constructing off-site infrastructure improvements or dedicating rights-of-way needed as a result of the proposed development. Redevelopment: Funding for transportation improvements can also be raised through tax increment within the boundaries of a redevelopment area. Generally, the use of redevelopment will be limited to urban areas that are blighted and require public investment to revitalize the area. Under California Redevelopment law, the property tax base of a redevelopment area can be frozen and a large share of the increases in property tax revenue is available for investment in the redevelopment area, either on a pay-as- you-go basis or by issuing tax-exempt bonds. Quite often, redevelopment funds are used to improve infrastructure deficiencies in the study area. The funds can only be used for capital improvements and can not be spent outside of the redevelopment area boundary. Sales Tax: In California, a sales tax is a levy on retail transactions and use categories as defined in the Revenue and Taxation Code. Up to a one-cent additional sales tax can be levied by county-created taxing authorities for the improvement of the transportation system, as authorized under the Local Transportation Authority and Improvement Act, Division 19, commencing with Section 180000 of the Public Utilities Code. As a result of a recent State Supreme Court ruling the passage of a local option sales tax requires a two-thirds vote of the county electorate. If a transportation sales tax were passed in Mendocino County, tax revenues between $12 and $48.3 million (1994 $) could be collected over twenty years. This revenue represents an implementation of the sales tax at rates between one-eighth and one-half cent. One cent sales tax levies are rare within the state; however, at that taxing level, nearly $100 million of revenue (1994 $) could be generated. See Table B-2 in Appendix B for the projections assumptions for these figures. In the case of the sales tax, the incidence would fall on those people who purchase taxable goods in the County. The largest impact of an additional sales tax would fall on the residents of the County. In order to identify the degree to which a sales tax would generate revenue from tourists, EPS has evaluated taxable sales data published by the State Board of Equalization. As shown in Table B-3 the per capita retail sales for Mendocino is very similar to the rate for the whole of California as well as the surrounding counties. This suggests that there is not a large inflow of expenditures from other regions for retail goods in Mendocino County. Table B-4 gives a more detailed breakdown of sales by type of business, and confirms that there is not a large net inflow of expenditure in most store categories. It also shows that there is a small net inflow for eating and drinking places, which is probably created by the tourists. At the same time, however, the tourists are not spending a large amount of money on sales goods, such as souvenirs. Special Districts: Special districts can be used by a jurisdiction to obtain up-front financing for projects benefiting defined areas or developments. The two most commonly formed districts are assessment districts and Mello-Roos Community Facility Districts (CFDs). In Mendocino County, the Brooktrails Community Service District is one such district which exists. In addition, a Marks-Roos Bond Pooling Authority could be formed to pool the tax, assessment, or fee revenue from several jurisdictions or special districts for the purpose of selling bonds to construct public facilities. The advantage of an assessment district or a Mello-Roos CFD is that facilities can be built ahead of the Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 17 November 17, 1994 development that causes the need for those facilities. However, in many instances, any funding provided through a special district is offset by a corresponding credit in development fees. Benefit Assessment Act of 1982: The Benefit Assessment Act of 1982 allowed for the development of countywide assessments for drainage, flood control, and street lighting. A 1989 amendment to the Act added street maintenance assessments. To date very few counties have instituted this assessment for street maintenance. However, the City of Clearlake in Lake County, east of Mendocino County, is currently pursuing such an assessment for street maintenance needs. Street Assessments under the Act can be put in place by the local jurisdiction imposing the assessment without a vote of the electorate. However, the assessment is subject to a 25 percent protest hearing at which point the assessment would be required to go to majority vote. Street assessments are for annual road maintenance. However, assessments for large maintenance projects may be collected in installments over a five-year period. Mello-Roos CFD Special Tax: A Mello-Roos CFD special tax is a charge levied on properties within a defined district to pay for public facilities that benefit the properties of that district. The legal basis for the tax is the Mello-Roos Community Facilities Act which was added to the California Government Code in 1982. A Mello-Roos District is similar to an assessment district, in that facilities benefit properties within the district. However, a Mello-Roos tax is defined as a special tax under Article XIIIA of the State Constitution and as such requires a two-thirds approval by landowners or registered voters in the District. If the improvements were in a developing area with fewer than 12 landowners, then the landowners would vote on the special tax. This form of financing may be applied to fund the portion of a regional project that benefits users within the boundaries of the Mello-Roos CFD. A Mello-Roos CFD is not subject to the nexus requirements that assessment, districts or countywide fees are subject to. However, there should be a reasonable relationship between the special tax levy and the benefit to a specific land use. There are also economic limits to the imposition of special taxes for regional improvements. Landscape and Lighting Maintenance District: Landscape and lighting districts (LLDs) may be used for installation, maintenance and servicing of landscaping and lighting through annual assessments on benefiting properties. LLDs can be used to fund the construction and maintenance of appurtenant features, including curbs, gutters, walls, sidewalks or paving and irrigation or drainage facilities. Other Local/Regional Sources In addition to the sources already in use, there are several potential funding sources that may be applicable in Mendocino County. The feasibility of these funding sources will require further analysis. Infrastructure Financing Districts SB 308, signed into law in 1990, established Infrastructure Financing Districts (IFDs) as a new option for tax-increment financing. IFDs can be used to construct facilities with an estimated useful life of 15 years Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 18 November 17, 1994 or longer. The district would be formed on a vote of the registered voters or landowners of a district; however, the facilities do not have to be located within the £mancing district. In fact, the facilities financed by such a district must provide significant benefits to an area larger than the district itself. The advantages of this financing option are: 1) it provides bonding authority for public infrastructure without going to a general election and two-thirds vote for passage; 2) it uses the increased land value created by the improvements to fund the improvements; and 3) it provides a stable funding source for bond repayment. Infrastructure financing districts can include a large number of non-contiguous parcels throughout the county, allowing a broad tax base to draw from. The disadvantages of this fmancing option are: 1) the use of tax increment reduces the amount of property tax available for general services; and 2) any district where housing is to be built must have a 20 percent set-aside of the tax increment for low- and moderate-income housing. Currently, this funding source has not been used in the State. Motor Vehicle Fee The State imposes fees on those who own and operate vehicles in the State. The California Vehicle Code and Revenue and Taxation Code provide authorization for the two primary means of assessing vehicle: registration and licensing. Currently, the county imposes a $4 per vehicle registration fee for air quality projects. Also, an additional $1 per vehicle registration fee is imposed to finance the emergency call box system, Service Authority for Freeway Emergencies (SAFE) program. Motor Vehicle Fuel Tax A motor vehicle fuel tax is a surcharge on fuel. Counties are permitted to impose a per gallon tax on motor fuel sold within the county if a proposition granting the authorization is approved at an election by two-thirds of the voters. The local-option gas tax has not been used to date; however, such a tax increase would provide the a direct link between transportation funding and use of facilities. As shown in Table B-5, a gas-tax increase of $0.01 per gallon is projected to produce nearly $5.5 million over a twenty-year period in 1994 dollars. The incidence of a gas tax will fall on the people who buy gasoline from service stations within the County. As shown in Table B-4, the per capita expenditure at service stations in Mendocino County was higher than for California or for the Northern counties. This indicates that there is either a net inflow of gasoline expenditures into the County or that county residents spend more money on gasoline than people in other counties since Mendocino is a relatively large county from a geographic prospective. A gasoline tax can also be easily avoided by non-residents traveling through Mendocino as they have the option of buying gas either before they enter or after they leave the county. Residents, however, are much more likely to buy the gasoline at service stations within the county. Overall, the incidence of the tax will, therefore, most likely fall on county residents. It should be noted that the California Clean Air, Jobs, and Transportation Act (CALTEA) Initiative will appear on the November, 1994 ballot. If passed, this initiative would impose a 4 percent sales tax on gasoline, with the revenue being used for public transportation projects throughout California. Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 19 November 17, 1994 J Transient Occupancy Tax A transient occupancy tax (TOT) is an excise tax that is added to the price of lodging. Revenue from TOT can be used to offset general fund costs, such as police or street cleaning that are engendered by the traveling public. The revenue can also be earmarked for special purposes such as street maintenance. Currently, there is no direct method of capturing road-improvement dollars from tourists within the County. An increase in the Transient Occupancy Tax (TOT) could be dedicated for transportation improvements as a way of making tourists pay for their impact on county roads. For the unincorporated areas, an increase in the TOT from its average 1991/92 level of 9.78 percent to 11 percent could generate approximately $400,000 per year. The potential revenue from TOT increase in Fort Bragg, Willits, Ukiah and Point Area would represent a smaller increase than that which could be gained in the unincorporated areas. The incidence of this tax falls primarily on tourists and to a lesser extent, business travelers. If a share of the TOT revenue were "ear-marked" for transportation improvements, this would allow the County to assess these non-residents for their use and impact of the road network. Other tourist destinations in California have higher hotel tax rates, such as Napa County (10.5%), San Francisco (11%) and Malibu (~2%). Property Tax A property tax is a charge levied on the value of real property. Article XIIIA of the State Constitution (Proposition 13) limits the maximum countywide property tax rate to one percent of assessed value. Additional general obligation (GO) bonds, benefit assessments, and Mello-Roos CFD special taxes are added to this one percent limit. Property tax revenues are currently used to fund general government services. Current law permits counties and cities to issue general obligation bonds, supported by increased property taxes, with two-thirds voter approval. Operation and equipment expenses cannot be funded with this tax. Annual revenues from such a tax would vary on the increases in assessed value each year. Toll Roads The use of toll roads within the State is being actively explored. A toll road would generate revenue for the repayment of bonds and for operations and maintenance through periodic tolls collected by motorists using the tollway. Interstate 91 in Orange County is in the process of adding high-occupancy vehicle (HOV) toll lanes in the median of the existing road. Specific revenues from toll roads would depend upon the facilities funded, the ability to properly price the tolls to ensure adequate tollway usage, and the availability of other funds to construct the toll facility. The State requires that a parallel route be available if a road is to made a toll road. The 17-mile drive in Monterey County is a model of a tourist-related toll road. In order for this type of facility to be replicated along the Mendocino Coast, an appropriate route would have to be identified which would attract tourist related traffic. There are short segments of County roads which offer alternative routes to State Route 1. However, it does not appear politically or economically practical to either construct a parallel route to State Route 1 or use an existing County road for toll road purposes. In addition, the Coastal Act would prohibit the development of such a facility. Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 20 November 17, 1994 Local Transportation Fund Local Transportation Fund (LTF) are also a potential funding for streets and road improvements. Although this source is extremely unstable because of area-wide transit demands, MCOG makes these funds available when transit demands permit or when revenues exceed projections. Mendocino Countywide Transportation Financing Study TJKM Transportation Consultants/Economic & Planning Systems Page 21 November 17, 1994 Table B-1 Mendocino County Potential Fee Revenue from Residential Development Impact Fees Household Growth to 1994-2004 (1) Total Fee Revenue 1994-2004 $1,000 Fee per Unit: $1,500 $2,500 Fort Bragg Point Arena Uk~ah Willits Unicorporated County Total Mendocino Co. 281 21 993 393 3,970 5,658 $281,000 $21,000 $993,000 $393,000 $3,970,000 $421,500 $31,500 $1,489,500 $589,500 $5,955,000 $8,487,000 $702,500 $52,500 $2,482,500 $982,500 $9,925,000 $14,145,000 (1) Household growth is based on TJKM projections. Note: Any development impact fees would need to be set in conjunction with a fee study consistent wfth Govemment Code 66000 et seq., commonly known as AB 1600. Economic & Planning Systems, Inc. 11/17/94 H:L3208mendYeport~PS2TAB.XI-S Table B-2 Expected Revenues from a Sales Tax For Mendocino County Tax. Sales Estimated Sales Year Population Taxable Sales Per Capita Tax Revenues (1) (2) Tax = $0.00125 Estimated Sales Tax Revenues Tax = $0.0025 Estimated Sales Tax Revenues Tax = $0.005 1989 77,600 $597,320,000 $7,697 1990 80,345 $640,687,000 $7,974 1991 81,600 $632,1 34,000 $7,747 1992 82,800 $629,993,000 $7,609 1993 83,600 $619,418,000 $7,409 Projections 1994 85,054 $630,191,855 $7,409 1995 86,533 $641,153,106 $7,409 1996 88,039 $652,305,012 $7,409 1997 89,570 $663,650,888 $7,409 $829,564 1998 91,128 $675,194,108 $7,409 $843,993 1999 92,713 $686,938,106 $7,409 $858,673 2000 94,325 $698,886,374 $7,409 $873,608 2001 95,966 $711,042,464 $7,409 $888,803 2002 97,635 $723,409,990 $7,409 $904,262 2003 99,334 $735,992,632 $7,409 $919,991 2004 101,061 $748,794,130 $7,409 $935,993 2005 102,819 $761,818,291 $7,409 $952,273 2006 104,607 $775,068,988 $7,409 $968,836 2007 106,427 $788,550,161 $7,409 $985,688 2008 108,278 $802,265,819 $7,409 $1,002,832 2009 110,161 $816,220,040 $7,409 $1,020,275 2010 112,078 $830,416,975 $7,409 $1,038,021 2011 114,027 $844,860,844 $7,409 $1,056,076 2012 116,010 $859,555,943 $7,409 $1,074,445 2013 118,028 $874,506,641 $7,409 $1,093,133 2014 120,081 $889,717,384 $7,409 $1,112,147 2015 122,170 $905,192,696 $7,409 $1,131,491 2016 124,295 $920,937,177 $7,409 $1,151,171 $1,659,127 $1,687,985 $1,717,345 $1,747,216 $1 777,6O6 $1 808,525 $1 839,982 $1 871,985 $1 904,546 $1 937,672 $1,971,375 $2,005,665 $2,040,550 $2,076,042 $2,112,152 $2,148,890 $2,186,267 $2,224,293 $2,262,982 $2,302,343 Total N~A $20,756,221,624 N~ $19,641,275 $39,282,549 1994 Dollars $12,066,732 $24,133,464 $3,318,254 $3,375,971 $3,434,691 $3,494,432 $3,555,212 $3,617,050 $3,679,963 $3,743,971 $3,809,091 $3,875,345 $3,942,751 $4,011,329 $4,081,100 $4,152,085 $4,224,304 $4,297,78O $4,372,533 $4,448,587 $4,525,963 $4,604,686 $78,565,098 $48,266,927 "Mendocino_~_~s_ tax' Source: State of Califomia Dept. of Equalization, State of Califomia Dept. of Finance, Economic & Planning Systems, Inc. (1) Based upon an average annual population increase of 1.74%. (2) Based upon an average annual population increase of 1.74% and stabalized per capita taxable sales. Note: 1990 population figures have been adjusted from the 1990 census figures. Years 1989 and 1991-1993 are from the Department of Finance and are unadjusted. Econcrn~c & Planning Systems, Inc. 1 I/17/94 H:~3208rnendVeporflE PS2 TAB. XL S Table B-3 1992 Per Capita Retail Sales Selected Counties and State of California Retail Sales Jurisdiction per Capita (1) Mendocino County $5,565 Sonoma County $6,616 Humboldt County $5,463 Lake County $4,141 State of California $5,728 (1) Based on sales at retail outlets only. Excludes sales by non-retail establishments Sources: State Board of Equalization; Economic and Planning Systems, Inc. Economic & Planning Systems. Inc. 11/17,,94 H:13208mendVeport~EPS2TAB.Xl_S Table B-4 Retail Leakage Analysis For Mendocino County Mendocino County Transportation Finance Study Type of Business Per Capita Sales (1) Mendocino California N. Counties (2) Capture or (Leakage) Compared to: California N. Counties Apparel stores $121 $332 $212 General merchandise stores $684 $866 $849 Drug stores $278 $171 $254 Food stores $871 $558 $758 Packaged liquor stores $36 $63 $42 Eating and drinking places $731 $752 $701 Home furnishings and appliances $145 $273 $255 Building materials and farm implements $735 $430 $728 Auto dealers and auto supplies $730 $875 $934 Service stations $565 $522 $530 Other retail stores $667 $885 $811 Total Retail Expenditures $5,565 $5,728 $6,071 ($210) ($90) ($182) ($165) $107 $24 $313 $115 ($27) ($5) ($21) $30 ($128) ($109) ($145) ($204) ($218) ($144) ($163) ($506) (1) Based on sales at retail outlets only. Excludes sales by non-retail establishments (2) N. counties includes Mendocino, Lake, Humboldt and Sonoma Sources: State Board of Equalization; Economic and Planning Systems, Inc. Economic & Planning Sy~terr~ Inc. 11/17,/94 H: t3208menc~PS2TAB. Xl,.S Table B-5 Expected Revenues from a Vehicle Fuel Tax for Mendocino County Gal. of Gasoline Year Consumed* $0.010 Tax Revenues: Tax Per Gallon = $0.025 $0.050 $0.075 $0.100 1989 46,135,613 1990 41,955,967 1991 41,432,765 1992 37,434,686 1993 37,732,661 Projection 1994 37,732,661 1995 37,732,661 1996 37,732,661 1997 37,619,362 1998 38,273,695 1999 38,939,409 2000 39,616,702 2001 40,305,776 2002 41,006,835 2003 41,720,088 2004 42,445,747 2005 43,184,027 2006 43,935,149 2007 44,699,336 2008 45,476,814 2009 46,267,816 2010 47,072,576 2011 47,891,333 2012 48,724,332 2013 49,571,819 2014 50,434,047 2015 51,311,273 2016 52,203,756 $376,194 $382,737 $389,394 $396 167 $403 058 $410 068 $417 201 $424 457 $431 840 $439 351 $446 993 $454,768 $462,678 $470,726 $478,913 $487,243 $495,718 $504,340 $513,113 $522,038 (Assumes no fuel tax could be put in place $940,484 $1,880,968 $956,842 $1,913,685 $973,485 $1,946,970 $990,418 $1,980,835 $1,007,644 $2,015,289 $1,025,1 71 $2,050,342 $1,043,002 $2,086,004 $1,061,144 $2,122,287 $1,079,601 $2,159,201 $1,098,379 $2,196,757 $1,117,483 $2,234,967 $1,138,920 $2,273,841 $1,1 56,695 $2,313,391 $1,1 76,814 $2,353,629 $1,197,283 $2,394,567 $1,218,108 $2,436,217 $1,239,295 $2,478,591 $1,260,851 $2,521,702 $1,282,782 $2,565,564 $1,305,094 $2,610,188 prior to 1997) $2,821,452 $2,870,527 $2,920,456 $2,971,253 $3,022,933 $3,075,513 $3,129,007 $3,183,431 $3,238,802 $3,295,136 $3 352,450 $3 410,761 $3 470,086 $3 530,443 $3 591,850 $3 654,325 $3717,886 $3.782,554 $3,915,282 $3,761,936 $3,827,369 $3,893,941 $3,961,670 $4,030,578 $4,100,683 $4,172,009 $4,244,575 $4,318,403 $4,393,515 $4,469,934 $4,547,681 $4,626,782 $4,707,258 $4,789,133 $4,872,433 $4,957,182 $5,131,127 $5,220,376 Total $8,906,999 $22,267,497 $44,534,995 $66,802,492 $89,069,989 1994 Dollars $5,472,067 $13,680,167 $27,360,334 $41,040,502 $54,720,669 * Source: State Controller's Annual Report, Economic & Planning Systems, Inc. 'fuel_tax_esL' Estimated gas consumption by County based on proportional share of retail gasoline sales statewide as reported in Department of Equalization Taxable Sales in California. Gasoline sales for Califomia from California Statistical Abstract, 1993. Gasoline sales are assumed to continue declining on a per capita basis until stabalizing at approximately 420 gallons per capita in 1997. This is not a predictor, but merely an assumption for estimating purposes. Economic & Planning Systems, Inc. 11/17/94 H : I32 08mendVe porflE P S2 TAB. X L S MENDOCINO COUNCIL OF GOVERNMENTS MEMORANDUM July 20, 1999 TO: PATTI CAMPBELL, CHAIR FROM: PHIL DOW, EXECUTIVE DIRECTOR RE: SENATE CONSTITUTIONAL AMENDMENT 3 (BURTON & KARNETTE) I attended a meeting of transportation planning organizations with Senator John Burton on July 6, 1999. The purpose of the meeting was to explain provisions of SCA 3 and to gather support for this constitutional amendment. SCA 3 cleared the Senate last week and is now in the Assembly Transportation Committee. A hearing date of August 16 has been established in the Assembly Transportation Committee. Earlier this year, Senator Burton sponsored Senate Resolution 8 (SR 8), which gathered needs information from transportation planning agencies, cities, and counties all over the state. The results of SR 8 found that there are unfunded state highway and local street and road construction needs of approximately $81.6 billion over the next decade. Rail needs are at $19.4 billion, bikeway needs at $1.3 billion, and public transit needs range from $1.5 to $6.8 billion. Factoring in intercity rail needs at $3.8 billion, the total statewide needs are at about $118 billion over a ten year period. Also earlier this year, Senator Burton drafted SB 315, which was to provide $16 billion in bonding over a four-year period for transportation maintenance and improvements. SB 315 has now been amended to a one-year bonding effort and the emphasis is likely to change to address specific types of transportation problems. The Senator's aide would not commit at that time as to what this emphasis might be. I suggested that maintenance specifically for streets and roads projects would be appropriate. Now that statewide needs have been identified at about seven times the amount proposed for bonding under SB 315,.the focus is now on a mechanism to enhance the ability of locals to impose their own sales tax for transportation purposes. SCA 3, if it makes it out of the Assembly, will be placed on the November 2000 ballot via AB 1155. If it then passes statewide, it will amend the constitution to permit a one-time sales tax to be imposed for a twenty year period in those counties where SCA$~asses. So if SCA 3 does not pass statewide, all bets are off. If it passes statewide, but not in Mendocino County, then we cannot impose such a tax without a 2/3 majority. We cannot come in at a later date and vote in a simple majority sales tax for transportation purposes (or for any other specific purpose). The one chance would be the November 2000 election. There is good reason to expect that SCA 3 would pass statewide if it ever makes it to the ballot. Local countywide sales taxes have already been approved by voters in 18 counties in California, which represent about 80% of the population. About one-half of all new capital improvements in this state over the last ten years have been funded by local sales taxes. The logical thing to expect from our legislators is that they would adjust the gas tax to raise revenues to meet these needs. However, there is no one willing to take this issue on at this time. I believe there has been considerable polling done which indicates that increased gas taxes are highly undesirable to the voters. So, instead of a statewide solution, Sacramento is giving each region the ability to tax themselves to help their own problems. I believe that this is not the best approach, but it is the only one we have before us. I think this measure will fail in many rural counties and pass in most of the urban areas. If it fails in this rural county, it will put us that much further behind the "have" counties. In 1994, MCOG completed the Countywide Transportation Financing Study. The study found, essentially, that the easy things have already been done and that only difficult choices for increasing transportation revenues remain. Sales taxes for transportation purposes was one of those options identified. Just a few months ago, MCOG programmed over $7 million in the State Transportation Improvement Program (STIP) for local projects (primarily rehabilitation). Although funding local projects in the STIP remains an option in the future, there are still considerable state highway improvements that are unfunded in Mendocino County. In fact, most of the remaining improvement projects on S.R. 101 are within Mendocino County. Our share of the STIP funds does not have the capacity to meet a portion of the state highway needs, yet alone the backlog of local needs. I recommend that MCOG support SCA 3. The revenues that would be generated by this sales tax could be directed toward transportation planning, research, design, construction, operation, maintenance, rehabilitation, and environmental mitigation of transportation project impacts as specified in the bill. This revenue source could provide reliable funding for local projects in Mendocino County. Revenues are likely to be about $4.4 million/year in the short range. In order to get into the act, we would have to develop a countywide transportation expenditure plan (CTEP). The CTEP would detail the uses for the revenues over the 20 year period. It has to be approved by the Board of Supervisors and the city councils representing a majority of the cities and a majority of the incorporated population prior to proceeding to the November 2000 ballot. In other words, Board of Supervisors, City of Ukiah, and two other city councils must approve the CTEP. The Legislature is likely to act on SCA 3 at the very end, around September 10. If we want to have any influence, it is important to either support or oppose at our August meeting. I suspect that the County and city representatives will have already been briefed by their staffs by the time we meet in August. Passing of the legislation would also impose more duties upon MCOG, and that issue needs to be also considered. A copy of the most recent version of the bill is attached. ~oX' ~Attachment 1' SCA 3 ~ot.,~oo~ )Attachment 2: July 6, 1999 Meeting Notice (.Attachment 3: Senate Resolution 8 Survey Results AGENDA SUMMARY REPORT_ ITEM NO. 1 o f DATE: August 4, 1999 SUBJECT: DISCUSSION OF HOW THE CITY COUNCIL DESIRES MEETING MINUTES TO BE TAKEN The City Council directed staff to bring forward for discussion the issue of how the City Council Minutes are to be transcribed. The City Clerk had asked for direction as there appeared to be some variance among the Councilmembers as to what style of Minute-taking was preferred. The City Clerk has contacted several other cities and the County of Mendocino to receive examples of their Minute-taking style, which are attached for the Council's review. In addition, Minutes from the City of Ukiah City Council meetings of April 3, 1996, August 19, 1998, and May 19, 1999 are included to demonstrate the diversity between City Clerks' styles and between how Minutes are taken for various issues. A review of the various Minutes reveals that there are several distinct Minute-taking styles preferred by cities and counties. . Action Minutes - Minutes are basically a record of motions with some detailed statements to give the flavor of the discussion. This method is not used extensively in the cities we surveyed. (Continued on Page 2) RECOMMENDED ACTION' Determine desired Minute taking method and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council/City Clerk Candace Horsley, City Manager ~o~ Marie Ulvila, City Clerk 1. City of Ukiah Minutes 2. Minutes from other agencies APPROVED. ~'~ Candace Horsley, Cit Manager 4:Can:AsrMinut.99 2. Summary Plus Detail When Appropriate - This appears to be the preferred method of Minute-taking for many cities. The summary provides the basic elements, concepts, and trends of discussion with more detail provided for public hearing comments, controversial issues, and discussion deemed to have pertinence to the motion and vote. This method has been used by the City of Ukiah, with Minutes providing more or less detail depending upon the issue and amount of discussion. 3. Y_.e.d;zaJJ~ - Though there is a wide spectrum in how detailed the Clerk records the discussion, the verbatim Minutes show line after line of individual comments made by both Councilmembers and the public. Currently, Ukiah City Clerk Marie Ulvila has steadily been increasing the detail of the Minutes in response to comments from the Council over the last several months. We are asking for clarification of what method of Minute-taking is preferred by the Council so we may best meet the Council's needs. The average length of time for the City Clerk to complete a set of Minutes with the current level of detail is approximately twice as long as the length of the meeting. Therefore, a five-hour meeting takes her approximately ten additional hours to compose the Minutes. Historically, City Clerks at the City of Ukiah have taken Minutes in summary form with detail, though there has been a wide spectrum of how much detail is included. In reviewing the Minutes of the City Council meeting of April 3, 1996, the Minutes are more summarized than the Minutes of the August 19, 1998 meeting, which is on the other end of the spectrum and includes a great amount of detail, almost reaching a verbatim approach. Staff is requesting Council's direction on this matter. The preferred method of staff, for the documentation of relevant information, coupled with the time element for preparation of the materials, is the summary style with detail. Repeating information from the staff reports, which are permanently recorded on the optical imaging system, seems redundant, whereas highlighting the major issues and relevant comments would be necessary and appropriate. If the Council prefers the more verbatim style of recording the majority of comments, we will proceed to implement the process. However, please be advised that the City Clerk feels she will be working more than her 32-hour per week average hours to complete the Minutes of the meetings. This may be a future discussion item for the Council once the preferred procedures are implemented. 392 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 1 The City Council convened at 6:52 p.m., in a regular meeting, of which the agenda was legally noticed and posted, in the Ukiah Civic Center Council Chambers, 300 Seminary Drive, Ukiah, California. Roll was taken and the following Councilmembers were present: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: City Clerk McKay, City Manager Horsley, Public Utility Director Barnes, Finance Director Elton~ Assistant to the City Manager Harris, and Assistant Redevelopment Director DeKnoblough. 2. Invocation/Pledge of Allegiance Councilmember Malone delivered the Invocation and Councilmember Shoemaker led the Pledge of Allegiance. 3. Proclamation Declaring May 11, 1996 as National Association of Letter Carriers Food Drive Day Mayor Schneiter read the Proclamation, and as there was no one present to receive it he requested staff to deliver it tomorrow to the appropriate people. 4. Approval/Correction of Minutes of Regular Meeting of March 20, 1996 M/S Wattenburger/Malone to approve the minutes of the regular meeting of March 20, 1996, as submitted. The motion was carried by the following roll call vote: AYES: Malone, Wattenburger, and Mayor Schneiter. NOES: None. Abstain: Councilmembers Mastin and Shoemaker. 5. RIGHT TO APPEAL DECISION Mayor Schneiter reviewed Government Code Section 1094.6 of the California Code of Civil Procedures. 6. CONSENT CALENDAR Councilmember Shoemaker noted it is significant step forward where Item 6D. on this agenda, authorizes the first household hazardous waste pickup for Mendocino Solid Waste Management Authority at Ukiah's North Fire Station. Councilmember Wattenburger questioned staff regarding mounting costs associated with the non-delivery of the new CAT scraper. Staff noted this proposal is a contingency plan, and the CAT dealer has agreed to honor the original agreement. Councilmember Wattenburger requested Item 6h. Authorize Expenditure of Gas Tax Fund Balance in Fund 301 (2107), Not to Exceed $5,000, for the Purpose of Funding the Preparation of Engineering Cost Estimates for Needed Offsite Capital Improvements Related to the Airport Industrial Park Development, be pulled from the Consent Calendar. This item of business then became New Business Item 9c. M/S Wattenburger/Mastin approved the Consent Calendar as follows; 6a. Adopted Resolution No. 96-50 authorizing the City Manager to submit, execute and accept Federal Emergency Shelter Grant from the California State Department of Housing and Community Development. 6b. Received report regarding purchase of Pool Chlorinator from Aquatic Commercial Industries, in the amount of $5,607, to be funded from Acct. 100-6130-800, including additional $237 over budgeted amount. 6c. Authorized the Mayor to send letter to State Legislature Supporting SB 1590 (O'Connell). 6d. Authorized the City Manager to execute site use agreement for temporary household hazardous waste collections to be carried out by Mendocino Solid Waste Management Authority. 6e. Authorized budget transfer of $21,920 from landfill account RegRe _~dJMt~.tg · MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 2 660-7301-250-005 to landfill account 660-3401-250-001 for providing needed scraper services under a contingency plan; 2) authorized the extension of the scraper service contract with Wipf Construction from April 30, 1996 to May 31, 1996; and 3) authorized the City Manager to execute service contract amendment. 6f. Authorized budget transfer of $9,900 from Landfill Acct. 660- 7301-250-005 to Landfill Acct. 660-3401-250, for the purpose of funding a Preliminary Engineering report related to the City's proposed corrective action program to mitigate VOC impacts to on- site groundwaters at the Ukiah Landfill. 6g. Authorized payment to the Redwood Business Park in amount of $6,158.60 for the City of Ukiah's share of increasing water main capacity within the Business Park, with payment to be made from Acct. 820-3850-690. The motion on the floor was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None UNFINISHED BUSINESS 8a. Adoption of Resolution Creating and Adopting The Oak Street Parking Facility Landscape Area as "Gardner Pocket Park" Mayor Schneiter reported Ms. Judy Pruden explained earlier she would have liked to attend this meeting regarding this matter, but regrets she is unable to attend due to health reasons. The Assistant Redevelopment Director reported on the proposal received by the Council previously and referred to a subcommittee. He explained the subcommittee's deliberations and recommendation to Council. Mayor Schneiter stated he would like to see this small area maintained better than in the past. M/S Malone/Mastin to adopt Resolution No. 96-51, creating and adopting Gardner Pocket Park. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Abstain: None. NEW BUSINESS 9a. Set Time and Date for Dedication of Advanced Wastewater Treatment Facility The Public Utility Director reported this large project is now completed and is requesting a date and time for a dedication ceremony. It was the consensus of Council to approve the time and date of 9:30 a.m. on April 30, 1996, for a dedication ceremony for the newly upgraded and improved Advanced Wastewater Treatment Facility. Mayor Schneiter questioned if the plant is functioning. The Public Utility Director reported the plant's testing has met with approval for river discharge and technicians are now fine tuning, with the contractor moving offsite. He noted the wastewater is testing cleaner than drinking water. 9b. Adoption of Resolution Authorizing Loan Agreement to Ukiah Redevelopment Agency The Finance Director reported the final numbers have been finalized and explained the need to formalize previous outstanding loans for the Redevelopment Agency. He explained cash flow, principle and 393 Reg. Mtg. April 3, 1996 Page 2 394 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 3 interest calculations. The city Manager noted a Redevelopment workshop in May will address more specific details. M/S Shoemaker/Malone to adopt Resolution No. 96-52 approving the loan agreement between the Ukiah RedeveloPment Agency and the City of Ukiah. The motion was carried by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Councilmember Wattenburger. Abstain: None. Councilmember Wattenburger explained that his no vote is his statement of protest of running a negative budget, as he does not agree with continued debt operations. 9c. Authorize Expenditure of Gas Tax Fund Balance in Fund 301 (2107), Not to Exceed $5,000, for the Purpose of Funding the Preparation of Engineering Cost Estimates for Needed Offsite capital Improvements Related to the Airport Industrial Park Development Councilmember Wattenburger explained he is on a committee regarding the Redwood Business Park and has met with Gary Akerstrom, who continues to have concerns regarding the capital improvement fees, traffic engineering counts, and this item of business affects developer Akerstrom who continues to have contentions regarding bad traffic counts. Council queried staff regarding the traffic highway ramp, traffic counts prepared for the park's EAR by independent engineers, further engineering review services to determine best and least costly mitigation with the City Engineer, capital improvement fees determination from mitigation recommendations, and least costly mitigation versus proper protections for future use. The City Manager offered to bring the engineering recommendations back to Council. Council member Shoemaker stated he wants to see how the City is going to do this, as he is concerned with lane width narrowing, because consistency of roadways throughout our city is important. Mr. Akerstrom stated he wants the most for the money to address these issues, and is concerned that using the subsequent EAR traffic counts will result in wasted money, and noted his traffic counts differ from the independent engineering firm used in the most recent EAR. Mayor Schneiter reminded Mr. Akerstrom that the City Engineer is asking to hire an outside expert for analysis of mitigation, not redo the traffic counts. He noted it appears Mr. Akerstrom is still complaining about the EAR's figures, as he has in the past. He explained this matter on agenda tonight is only for acquiring outside engineering regarding mititgations options, for future determination and assignment of impact fees. Council member Mastin noted the City is going to take these figures and do what the city feels is best for a worst case scenario, as there is no specific plan for what businesses will come to the Redwood Business and Industrial Park. Mayor Schneiter explained as we have a certified EAR and its supplemental, he feels it is prudent to let the City Engineer hire an engineer to help him make the best decisions. This is the best thing the city can do to move the Park's development in a timely manner. M/S Shoemaker/Wattenburger to authorize the expenditure of Gas Tax Fund balance in Fund 301, not to exceed $5,000, for the purpose of funding the preparation of engineering cost estimates for needed off-site capital improvements related to development within the Airport Industrial Park, as stated and described in the EAR and none of the recommendations are different than any standards Reg. Mtg. April 3, 1996 Page 3 MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - April 3, 1996 P. 4 395 required from any other development in the City of Ukiah. Discussion ensued regarding road standards in the City and future processing of capital improvements. Council member Shoemaker noted he does not want to be included in the review process but does want us to use standards in the upcoming estimate. He explained he has seen things in this community not done right in the first place due to lack of money and he does not want to see it happen again. The motion on the floor was approved by the following roll call vote: AYES: Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: Council member Wattenburger. Abstain: None 10. CITY COUNCIL/REPORTS Councilmember Mastin - Reported on his meeting today with Congressman Riggs; noted he was judge for the County science fair for grades 1 - 12 in Willits; and noted a MTA block party is set for April 13 at the new Plaza. Councilmember Malone - Reported on the first steering committee for train depot site he attended and meetings he had with Congressman Riggs; noted he attended a LCC committee meeting regarding media education. Councilmember Wattenburger - Complimented the Ukiah Police SWAT team operations he witnessed this morning. Councilmember Shoemaker - Reported on the Mendocino Solid Waste Management Authority public hearing regarding certification of the transfer site EAR; reported on the league meeting he attended in Burbank; updated the Council on current legislative pending bills; reported he met with Senator Thompsen; and noted he will be out of town next week. Councilmember Malone - Also reported on a complaint he received regarding overflow of garbage cans in the Downtown district which needs to be addressed by staff; noted he is receiving a lot of the public's concerns regarding protection of the new Plaza and he hopes Chief Keplinger will be the protector and suggested we get surveillance video cameras; and he congratulated Councilmember Shoemaker on his March 26 victory for election to Mendocino County 2nd District Supervisor. Mayor Schneiter - Requested Council to not consider the sister city request via letter as the writer called him to advise this matter is tabled. 11. CITY MANAGER/DEPARTMENT HEAD REPORTS - None. CLOSED SESSION 12a. Government Code Section 54957 - PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager Council adjourned to Redevelopment Agency at 8:38 p.m. Council reconvened in City Council Closed Session from Redevelopment Agency Closed Session at 8:44 p.m. Council came out of Closed Session at 9:00 p.m. and adjourned to Redevelopment Agency. Council reconvened at 9:04 p.m. ADJOURNMENT - There being no further business, the meeting was adjourned at/·~~ /~/~.~/~ CCMIN. 9_ 2 6 / C~tWy~~ay 'CM~,/AAE City Clerk Reg. Mtg. April 3, 1996 Page 4 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, August 19, 1998 The Ukiah City Council met at a Regular Meeting on August 19, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Chavez. Staff present: Public Utilities Director Barnes, Finance Director Elton, Risk Manager/Budget Officer Harris, Associate Planner Lohse, City Attorney Rapport, Planning Director Sawyer, City Clerk Ulvila, and Police Chief Williams. 2. PLEDGE OF ALLEGIANCE Mayor Malone led the Pledge of Allegiance. 3. PROCLAMATION/SPECIAL PRESENTATION a. Proclamation - West Com_oany's Ten-Year Anniversary_ Mayor Malone read the proclamation to West Company in celebration of their tenth anniversary. 3b. Ukiah Unified School District-Elementary School Siting_ Ms. Kim Logan, advised that the Ukiah Unified School District (School District) begins its 29th year in Ukiah this year. Ukiah is in need of another school and, with the encouragement of several Councilmembers and the community, the School District has chosen the Montgomery Ward site on South State Street. The property presents numerous challenges and she felt the only way the School District can meet these challenges is to engage partners within the community in the development and acquisition of the property. She presented a request from the Board of Trustees of the School District for the City to enter into a partnership with the School District. She identified the steps for partnership with the School District. She invited the City to consider partnering with the School District and will make a more formal presentation to Council at a subsequent meeting. 6:38 p.m. - Councilmember Ashiku arrived at the meeting. 4. APPROVAL/CORRECTION OF MINUTES a. Regular Meeting of July 15, 1998 Consensus of Council was to continue the Minutes of July 15, 1998 until the next meeting in order to have a full Council present. 5. RIGHT TO APPEAL DECISION Mayor Malone reviewed the appeal process. 6. CONSENT CALENDAR Regular Meeting - August 19, 1998 Page 1 Phil Baldwin, 627 Willow Avenue, requested Council pull Item 6e from the Consent Calendar and that it be heard later in the meeting. MIS Mastin/Kelly to make pull Item e from the Consent Calendar, making it 10e, and to approve items a-d and f-j of the Consent Calendar as follows: a. Approved Disbursements for the Month of July, 1998; b. Adopted Resolution 99-9 Amending Appendix to Conflict of Interest Code; c. Denied Claim for Damages Received from Alejandrina's Florist, and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Adopted Resolution 99-10 Setting the Limitation on City Expenditures for Fiscal Year 1998/99; f. Awarded Contract to Price Striping Service for Street Striping 1998, Spec. No. 98- 10, in the Amount of $11,093.88; g. Awarded Acquisition of Asphalt Paver for Street Department to Nixon-Egli Equipment in the Amount of $39,647.11; h. Accepted Report of the Acquisition of Services From American Asphalt Repair and Resurfacing Co., Inc.; i. Awarded Acquisition of 3/4 Ton Truck Cab and Chassis for Street Department to Biddulph Isuzu in the Amount of $18,913.54; j. Authorized Mayor to Sign Letter of Support for Legislation Regarding City Representation on LAFCO. The motion carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Barbara Eversole, Ukiah resident, addressed Council concerning the lack of under grounding of utilities on Perkins Street prior to its proposed resurfacing. She encouraged additional streetscaping of Ukiah's major streets and encouraged the City to partner with the County in order to make Ukiah, the County seat, a beautiful City and to live up to its reputation of the #1 Small Town in California. Ed Hamett, 915 W. Perkins Street, advised that he holds the City Council responsible for everything that happens in Ukiah, including the death of Marvin Noble. He discounted the investigative report of what actually occurred at Foster's Freeze because he spoke to several witnesses. Ralph Baker, 8 year resident of Ukiah, advised that he has had numerous interactions with Police Officers and found them to be courteous and effective. He felt the death of a citizen is tragic and felt sorry for both the victim's family and the Police Officer's family. He thanked the Ukiah Police Department for all the good things they do for its citizens. Lisa Simmons, Round Valley resident, recounted the incident of April 14, 1995, which resulted in the death of a law enforcement officer and tribal member. She reported on discriminatory action by law enforcement officers at the Courthouse and towards Indian people. Regular Meeting - August 19, 1998 Page 2 Craig Govern, 7 month resident of Ukiah, advised that he moved to Ukiah from San Francisco where he was a minority as a white male. He encouraged people to participate in voting for elected officials and that, with an ongoing investigation, people should not be so quick to make judgement based on partial facts. He discussed violence in other cities and countries. Richard Becker, San Francisco, advised he represents Gloria La Riva, Peace and Freedom candidate for Governor of California. He felt the situation with Marvin Noble was mishandled. At the Peace and Freedom meeting held in August, the delegation called for an independent investigation into the death of Mr. Noble. Mark Davis, 22 year resident of Ukiah, advised that prior to moving to Ukiah he lived in Berkeley and felt Ukiah is a much safer community, partly due to the Police Department's efforts. He urged the City Council to support the Police Officers. He has known Officer Kaeser for several years and finds him to be a dedicated officer. Mark Roper felt that the Mental Health Department should have provided additional assistance to the Police Department in dealing with Mr. Noble since he had a mental illness. Police Officers need further training if they are to continue dealing with mentally ill individuals. Ken McCormick, resident and business owner in Ukiah, advised he is proud of the Police Department and that citizens who brandish weapons should be apprehended. He discussed the riots and looting in Los Angeles several years ago and how important it is to rely on the Police Department to react to situations in an effective and timely manner. Mayor Malone advised that the City Manager and various members of the community are involved in establishing a forum with the Mental Health Department and Ukiah Police Department. Anyone interested in participating should contact the City Manager for further information. Recessed: 7:09 p.m. Reconvened: 7:11 p.m. 8. PUBLIC HEARING - 7:00 p.m. a. A_o0roval of an ~_xception to the City_ Subdivision Regulations by Allowing a ,~ubstandard Access Roadway Width As part of a Two-Lot Parcel MaD Mayor Malone excused himself from the meeting at 7:15 p.m. due to a potential conflict of interest on the project. Associate Planner Lohse advised that the applicant, Les Anderson, is proposing to divide a 12,000 square foot parcel in the R-1 Zoning District into two 6,000 square foot lots. The applicant is requesting an "Exception" to the access width requirements to allow the width of the required private roadway accessing the new vacant lot to be reduced from 20 feet to a minimum of 16 feet. The City Engineer has the authority to act on the proposal, but Regular Meeting - August 19, 1998 Page 3 cannot do so until the City Council determines whether or not an associated request for an "Exception" to the access width requirements is appropriate. The property is located at 617 Holden Street, which is situated in a well-established single family residential neighborhood containing a number of small lots and narrow driveways. The proposed reduced access roadway would be located on the western portion of the site, directly abutting the property line and two feet from the west wall of the existing residence. Staff found that the reduced width of the private access roadway would be more restrictive than a standard roadway of 20 feet since it would require two-way traffic to use individual lanes of approximately eight feet instead of 10 feet. The construction of the proposed roadway along the western property line would require the removal of seven mature trees that provide shade for the existing residence and other areas of the subject property. On May 27, 1998, the Planning Commission conducted a public hearing and received substantial testimony opposing the request for an "Exception" from neighboring property owners. Concern was expressed regarding safety, tree removal, and potential nuisance impacts. The request for the "Exception" comes before the City Council without a formal recommendation from the Planning Commission. Discussion followed concerning proposed parking for the project and City standards for second units. Public Hearing Opened: 7:25 p.m Ken Harrington, 615 Holden Street, advised that he lives on the adjacent property to the proposed project and is opposed to the lot split. He reported inadequate parking along Holden Street and opposed the removal of trees on the property because they provide much needed shade. In checking with the Mendocino County Assessor's Office, the lot is under 12,000 square feet. in size. He noted that if he installed a pool in his back yard, he would have little privacy if a house is built near the property line. Greg Foss, 519 Spring Street, felt the City should require the developer to complete a survey of the property to determine the square footage and then apply for a variance. He also felt the 20 foot standard road width should be applied to all projects, with no exceptions. Judith Maxey, 616 Holden Street, commented on traffic safety issues on Holden Street. A utility pole abuts the driveway, and with the driveway two feet from the house, it would cause unsafe conditions for backing out of the driveway. She commented on increased traffic and the lack of adequate parking along the street. She felt the parcel should be surveyed to determine square footage prior to development. Dan Anderson, 651 Orr Springs Road, brother of the applicant, advised that he appreciated the concerns of the neighbors, but felt the reduced width of the driveway would be safe. He felt it was his prerogative to have the bedroom of his house two feet from a driveway if he desired and felt safety is not an issue. He felt it would be unfair to deny the project because of their desire to remove several trees in order to provide open space. He reported that there are more than 20 trees on the property in various levels of Regular Meeting - August 19, 1998 Page 4 maturity and what they propose is to remove walnut trees and not endangered species. 7 trees. The trees proposed for removal are Erin Noble, 625 Holden Street, felt that the City should not allow developers to remove trees in order to construct a house on the property. He reported that the Realtor advised him that the property is 11,625 square feet and couldn't be split. The removal of trees in the neighborhood would change the environment of the neighborhood. He cited poor parking conditions along Holden Street and safety concerns for children living in the neighborhood. He questioned how long a relative would live in the new house before it would be sold. Sheridan Malone, 422 Jones Street, noted that Holden and Jones Streets are served by a contiguous neighborhood. He described the neighborhood on Holden Street as being similar to an urban forest. He discussed Mrs. Hines property and that, should this. project be approved, then Mrs. Hines' property should also be given an "Exception". He felt the property is entitled to a granny unit but felt it would create additional impacts to the neighborhood. Jim Morgan, 610 Holden Street, felt the lot is not legally large enough to be subdivided and that the property needs to be surveyed. The neighborhood expressed their opposition to the project at the Planning Commission meeting, and yet the applicant still has not completed a survey of the property. Phil Baldwin, 627 Willow Avenue, discussed the City's Zoning Ordinance and the roadway standards. He inquired how long a relative of Mr. Anderson's would reside in the house. Anna Noble, 625 Holden Street, discussed the poor parking conditions on Holden Street and the need to make the street safe. She questioned whether the applicant would have relatives living in the home and how soon they would sell that portion of the property for profit at a later date. Public Hearing Closed: 7:55 pm Planning Director Sawyer advised that, should the City Council approve the "Exception", the City Engineer will then conduct a subsequent public hearing and act on the proposed two-lot Minor Subdivision Map. At that juncture, staff would ascertain the true dimension of the lot, and not allow the lot split if less than 12,000 square feet exist. If the Council does not approve the "Exception", the City Engineer cannot act on the map unless it is revised to provide a conforming access roadway width. Discussion followed concerning the proposed project with regard to driveway width, removal of trees, the size of the lot, and the composition of the neighborhood. City Attomey Rapport advised Council that this project requires a quasi-judicial decision and Council should support their decision with findings. He cited Section 8320 of the Regular Meeting - August 19, 1998 Page 5 Municipal Code regarding exceptions. MIS Ashiku/Kelly to deny proposed "Exception" to the Subdivision Ordinance for Minor Subdivision Map Exception No. 98-14: Anderson, based on the following findings: 1. Approval of the proposed project would be detrimental to the peace and tranquility of the surrounding properties; 2. The removal of the mature trees by the driveway would affect the environmental quality of the neighborhood; and 3. The "Exception" is not necessary for the preservation and enjoyment of the property owner. Motion carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, and Vice-Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez and Mayor Malone. 9. UNFINISHED BUSINESS a. Introduction of Ordinance Adopting a Cost of Living Increase for City_ Councilrnernber ~alaries Risk Manager Harris advised that there has not been a cost of living increase to the City Council salary rate since 1986. The current salary for City Councilmembers is $300 per month. Government Code §36516 gives the City Council the ability to increase Councilmember salaries by adopting or amending an ordinance to provide a cost of living increase not to exceed an amount equal to five percent (5%) for each calendar year from the operative date of the last cost of living adjustment. Multiplying five percent (5%) per year for the 11-year period equals an additional monthly amount of $165, for a total monthly salary of $465. Actual cost of living adjustments will not go into effect, however, under Government Code §36516.5, until new Councilmembers are elected in November and begin their term of office. At that point, all Councilmembers will receive the increase at the same time. This salary represents modest compensation for the many hours a Councilmember prepares for and participates in City Council meetings, special meetings, special events, and representation on numerous Committees and Commissions, as well as the hours spent meeting with citizens and performing their liaison roles. The Council discussed whether to wait until the next City Council meeting to introduce the Ordinance when a full Council would be present. Mayor Malone commented that, in the future, this should be addressed as part of the budget process. MIS MalonelAshiku to introduce by title only Ordinance Adopting a Cost of Living Increase for City Councilmember Salaries, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. Recording Secretary Ulvila read the ordinance by title only. Regular Meeting - August 19, 1998 Page 6 Mayor Malone invited comments from the audience. He noted that, even with the salary increase, Councilmembers will continue to volunteer many hours of their time to the City and the community. Eric Larson, 123 Clara Avenue, candidate for City Council, would like to see more poor people apply for City Council positions. Phil Baldwin, 627 Willow Avenue, candidate for City Council, felt that Iow income people should be encouraged to become involved in local government. There is a need to encourage more people to run for office. Joe Dietrick, 583 Stella Drive, candidate for City Council, advised that he thought the City Council position was a volunteer position when he decided to be a candidate. He noted the many hours that Councilmembers devote to the community and felt he would have applied as a candidate whether the position was volunteer or paid. MIS MalonelAshiku to introduce Ordinance by title only, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. 10. NEW BUSINESS a. Appointment of Votincj Delecjate and Alternate for October 2-4, 1998 Annual Leac~ue of California Cities Conference Consensu.~ of the Council was to appoint Councilmember Kelly as the Voting Delegate and Councilmember Ashiku as the Alternate for the October 2-4, 1998 Annual League of California Cities Conference. Mayor Malone directed the City Clerk to advise the League of California Cities of the names of the voting delegate and alternate. It was noted that Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone would be attending the conference. b. Set Date for Joint Meetin_u of City Council and Plannincj Commission Consensus of Council was to set October 28, 1998, 5:00 p.m., as the date for the Joint Meeting of the City Council and the Planning Commission. c. Waiver of Due on Refinancincj Clause in the Deferred Payment Loan Contract with Alice Arnold Finance Director Elton advised that in 1986 the City of Ukiah, in coordination with the Community Development Commission of Mendocino County, undertook a program for housing rehabilitation within a specified target area of the City. Under this program, eligible property owners could receive assistance with rehabilitation of their property. The intent of the program was to assist lower income individuals with improving their homes to maintain their property values and provide a higher quality of life without forcing the property owner to incur payments beyond their means to pay. Regular Meeting - August 19, 1998 Page 7 Dewayne and Alice Arnold entered into a deferred payment loan contract on May 8, 1986, in the amount of $13,745.00. The obligation under this contact is scheduled to expire after 15 years (May 8, 2001). He advised that Mrs. Arnold is attempting to refinance her first mortgage and requests that the City waive the contract condition that would require repayment to the City. Mr. and Mrs. Arnold divorced and Mr. Arnold transferred his interests in the property to Mrs. Arnold. Mrs. Arnold is now responsible for the note. It was staff's opinion that the City has a right, under the "Deferred Payment Loan Contract," to require payment in full at the time the first mortgage is refinanced. If the first mortgage is foreclosed on, the City may not receive any repayment. Mrs. Arnold expects to continue living in the house for the remainder of the original 15-year period. Therefore, the original intent of the loan program can still be met by allowing Mrs. Arnold to refinance her existing mortgage without calling due the City's Deferred Payment Loan Contract. This still maintains the conditions for the remainder of the original contract term of 15 years. City Attomey Rapport advised that there may be some concern with the proposed loan on the property whereby the City's loan could become senior to the loan Mrs. Arnold is trying to obtain. This may not be acceptable to Mrs. Arnold's lender. He recommended Council authorize staff to agree to subrogate the City's loan in place of the loan Mrs. Arnold is trying to obtain, should it become a necessary condition of her lending institution. MIS AshikulKelly to approve Waiver of Due on Refinancing Clause in the Deferred Payment Loan Contract with Alice Arnold and that the City's loan be subrogated to the new loan Mrs. Arnold is trying to obtain, should it become a necessary condition of her lending institution, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. d. Change of Altemate to Mendocino Inland Water and Power Commission MIS MalonelAshiku to appoint Councilmember Mastin as the Alternate to Mendocino Inland Water and Power Commission, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. e. Authorize the City Manager to Distribute Correspondence As Reouired. Declaring the City of I,Ikiah's Opposition to "The Utility Rate Reduction ano Reform Act", and Initiative Defined As Proposition 9, This item was formerly Item "e" of the Consent Calendar. Recessed: 8:30 p.m. Reconvened: 8:37 p.m. Public Utility Director Barnes advised that the City is not directly affected by the bonds as the purpose of the bonds were to fund a rate reduction for the Investor Owned Utilities. Staff is concerned with the mechanism for paying the bonds. Should the bonds be returned to the state, it could significantly impact some functions of the City. Despite the Regular Meeting - August 19, 1998 Page 8 expressed State pledge set forth in Assembly Bill 1890 (AB 1890), Proposition 9 would prohibit collection of the special charge for the payment of principal and interest on the rate reduction bonds. He expressed concern with the lack of funding mechanism for these bonds and if they go back to the State, the taxpayers may be called to finance these bonds. The City's rate customers will have to pay for the bonds, which is not what was originally intended. He referred to information which was provided to Council concerning the potential reduction in State revenues that could impact local governments. This could also increase ~the City's borrowing interest rate because of the appearance of a risk for a government in the near future. Discussion with staff followed concerning fiscal concerns, potential impacts on other City services, endorsement by the League of California Cities opposing Proposition 9, and the structure of the bonds. Public Comment Period Opened: 8:45 p.m. Phil Baldwin, 627 Willow Avenue, voiced his concern that no information was provided Council with regard to endorsement of Proposition 9 and felt that Council needs to weigh information from both sides of an issue in order to make a decision. Karen Poplawski, 612 Walnut Avenue, advised she has been working with The Oaks Project as a volunteer and gathered signatures in favor of Proposition 9. She felt staff's report is one-sided and noted that the utilities are opposed to Proposition 9. She reported that the author of AB 1890 assured consumer watch dogs that these were not State bonds and there is stipulation that the State cannot be held responsible. She felt Proposition 9 would not affect the City's ability to obtain bonds in the future. Michael Manning, Hopland, discussed how he petitioned the State in 1989 to have schools be in charge of their own natural gas. It met immediate opposition by the utilities and took three years to get through legislation. He discussed the School Project Rate Reduction (SPRR), and how, in 1991, it became possible for schools to procure their own natural gas. He has worked with hospitals in this area as well. He encouraged the City Council to not take action on the matter but rather to obtain more facts, pros and cons, concerning AB 1890 and Proposition 9. David Drell, Willits resident and member of The Oaks Project, presented material and provided a presentation to Council. It was his opinion that small businesses and residential users are paying for everything. He discussed the purpose of the initiative and outlined the majors goals of Proposition 9 as: 1. Guarantee residential and small business consumers electric rate reductions of at least 20 percent. 2. Bar utilities from charging customers for the cost of $6.5 billion in rate reduction bonds. 3. Prohibit customers from being forced to pay the nuclear plant debts of utilities. 4. Prohibit the sale of information on consumers without their consent. Regular Meeting - August 19, 1998 Page 9 o Provide for judicial review of how the State Public Utilities Commission implements the State Electric Restructure Plan. Alec Broaggio, P.G.&E. representative from Eureka, discussed the bond issue and its impact to Ukiah government services. He reported that these are not State bonds but were sold by the utility company and noted that the State will not interfere with the payment of the bonds. He noted that the bond money that was sold to refinance the debt is imbedded in the utility system. He discussed refinancing the debt at a Iow interest rate over a long payment period. The history of how the billing process came about was discussed. He concurred with staff's report of the Proposition 9. Michael Manning discussed how deregulation is not working for the consumer. He noted that, when the cost of electric is decreased, a cap is placed which is 150% above the average utility cost. He noted that the citizens will not benefit until the year 2002. He discussed the Diablo Canyon Nuclear Power Plant and how it is a very expensive venture. Council requested that in the future they be provided with a balance of information on issues. Concern was also expressed regarding the City's ability to finance bonds in the future. Finance Director Elton commented on unintended consequences of the initiative by not allowing a charge to pay back the debt. This could be expanded upon by the courts and could serve as incentive that would further limit the City from charging fees. The City is not affected by AB 1890, however, he expressed concern with the bond issue. MIS AshikulMalone to take no position on the matter, carried by the following roll call vote: AYESi Councilmembers Ashiku, Kelly, and Mayor Malone. NOES: Councilmember Mastin. ABSTAIN: None. ABSENT: Councilmember Chavez. 11. CITY COUNCIL REPORTS Councilmember Ashiku reported meeting with City Manager Horsley, Police Chief Williams, Lacretia Peoples, and members of the Department of Justice to open dialog regarding the recent Police shooting of Marvin Noble. He felt that City staff was open to comments and the committee is comprising policies and procedures for the forum. He noted that many of those who spoke at tonight's meeting did not participate in the forum. City staff has made a commitment to maintain these lines of communication and to participate in the forum. Mayor Malone suggested limiting the comments from the audience on non-agenda items to 10 minutes and encouraging further public participation in the forum process. Coouncilmember Kelly commended Commissioner Ashiku for his participation in the forum. She reported on her participation in a League of California Cities Community Service Policy meeting in Sacramento recently. She chaired the Helen Putnam Award for Excellence Committee which included 42 applications. Her committee addressed community services issues, particularly related to youth, as well as family and human services projects. She noted that many of these projects are collaborative projects. Regular Meeting - August 19, 1998 Page 10 She reported meeting today with people working on the recreation center for Ukiah and they are refocusing their efforts towards assisting in the establishment of the Boys and Girls Club. The group met with Kim Logan from the Ukiah Unified School District as to how they can be involved in the new school site on the Wards property. She recommended that the matter of partnering with the Ukiah Unified School District for the new school site be agendized at the next City Council meeting. The Sun House Guild had record attendance for the basket exhibit. She noted that Sunset Magazine and Cowboy Magazine carried an article on the basket exhibit. The Guild received $30,000 to produce a video on this exhibit and once the video is produced, it will go to the Smithosian Institute. The City will receive 50% of the profits from the sale of the video. Today she met with the Skateboard Park Committee and noted their next meeting will be held at Todd Grove Park on August 25, 1998. Letters will be distributed to neighboring residents of Todd Grove Park. She discussed an upcoming skateboard competition and fund raiser. Councilmember Mastin reported that on Saturday, September 19, 1998, the Coastal Commission is coordinating a Coastal Cleanup Day and he encouraged the community to participate. Mayor Malone discussed his attendance at a recent MSWMA meeting. He reported his participation in a League of California Cities Community Service Policy meeting in Sacramento recently and discussed the proposed cigarette tax. He discussed the Board of Supervisors recent passage of the T.O.T. tourism tax. This tax will assist in the funding of local events throughout the County and help to promote tourism. 12. CITY MANAGER/DIRECTOR REPORTS Mayor Malone thanked Council for their participation in the City Employees Picnic on August 16, 1998. 13. CLOSED SESSION None. 14. ADJOURNMENT Mayor Malone adjourned the meeting at 9:54 p.m. Marie Ulvila, City Clerk Regular Meeting - August 19, 1998 Page 11 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, May 19, 1999 The Ukiah City Council met at a Regular Meeting on May 19, 1999, the notice for which had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Libby, Baldwin, Ashiku, and Mayor Mastin. Councilmembers absent were: Smith. Staff present: Customer Service Supervisor Archibald, Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Flad, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Planning Director Sawyer, Deputy Director of Public Works Seanor, Senior Planner Stump, and City Clerk Ulvila. 2. pLEDGE OF ALLEGIANCE Councilmember Ashiku led the Pledge of Allegiance. 3. PRESENTATIONS AND PROCLAMATIONS None. 4a. APPROVAL OF MINUTES - Regular Meeting of April 21. 1999 Councilmember Libby recommended an addition to the comments of John Mayfield as noted on page 5 concerning his statements that if a business is not competitive, they should not do business here. She requested that a copy of corrected minutes be provided to Councilmembers in the future. MIS Ashiku/Libby to approve the minutes of the Regular Meeting of May 5, 1999, with the noted correction, carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith and Baldwin. 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process. 6. CONSENT CALENDAR MIS LibbylAshiku to approve Items a-e of the Consent Calendar as follows: a. Approved Report of Disbursements for the month of April 1999; b. Awarded acquisition of four door sedan for Public Works Department to Harper Ford Country in the amount of $15,863.40; c. Awarded bid for Adjustable Frequency Drive Pump Controller to KBL and Associates for the sum of $21,864.61 plus tax; d. Received Report to City Council regarding the execution of Consultant Contracts of less than $10,000 for the preparation of a Biological Reconnaissance and Traffic Study for the Gobbi Street Riverside Park Project, and approved Budget Amendment; e. Adopted Resolution No. 99-40 Removing the Two Hour Restricted Parking Zone and Establishing a Loading Zone in Front of 105 South Main Street. May 19, 1999 Page I of 16 The motion carried by the following roll call vote: AYES: Councilmembers Libby, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmembers Smith and Baldwin. 6:35 p.m. - Councilmember Baldwin arrived at the meeting. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address the Council. AGENDA UPDATE Mayor Mastin advised that Item 1 la, Receive for Comment Proposed Mendocino Solid Waste Management Authority 1999-2000 Fiscal Year Budget, and Item 11c, Council Appointment of Vice-Mayor, have been continued to the June 2, 1999 Council meeting. He also reported that it is not necessary to hold a Closed Session at this meeting. 9. PETITIONS & COMMUNICATIONS a. Discussion of Golf Professional ~ervices Contract for Ukiah Municipal Golf Course Community Services Director DeKnoblough advised that on Monday, following distribution of the City Council agenda packets, staff was contacted by Golf Professional Jeff McMillen and his representative, Mr. Emmett Jones, requesting an opportunity to further discuss the Pro's May 10 proposal. As a result of discussions, staff and Mr. McMillen have agreed to present his revised proposal and recommendation which would propose and 17-month extension of his current contract, through October 31, 2000, with an agreement for additional consulting services to be negotiated. The timeline and October termination date of the new proposal is preferable to both staff and Mr. McMillen as it is difficult to transition Golf Services in May, which is the height of the spring season. Mr. McMillen's history with the City of Ukiah while providing Professional Golf Services has been very successful and staff believes it is in the public's best interest to continue this relationship. The proposal offers an excellent opportunity to continue with his success while investigating the potential for expansion of services which would further benefit the Golf Course's management. There are several specific terms and conditions yet to be defined in contractual terms and staff is recommending approval of a 30-day extension of the current contract and to direct staff to negotiate the extended contract, including the additional "Golf Course Management Consulting Services", as defined in the May 10 proposal, for a period of 16 months and return the agreements to Council for review within 30 days. City Manager Horsley added that last Monday, Mr. McMillen presented to staff an interesting proposal and staff is recommending that they be allowed to continue working with Mr. McMillen as a consultant on the Golf Course. Another option would be as a Greens Superintendent, however, staff felt it was a good opportunity to allow Mr. McMillen to show the City what he can do. The proposal is for a 17-month contract with an option for five years, and, depending on how the consultant contract worked out, it would be on a year-to-year basis. May 19, 1999 Page 2 of 16 Councilmember Libby inquired if the Golf Course recommendations regarding the proposal (contract, etc.). Committee has made any Mr. DeKnoblough reported that, since the contract is not completed, the Golf Course Committee has not reviewed it. Some members of the Committee had questions about the existing contract and possible revisions in the upcoming contract. Emmett Jones, representing Mr. McMillen, thanked City staff for their cooperation and timely response to their proposal. The May 10 proposal makes the major points they are advocating concerning Mr. McMillen's relationship with the City as the Golf Pro as well as the additional task of consultant. It is their belief that the golfing community likes the status quo and they would like to have Mr. McMillen continue serving the golfers of this area. He felt that certain functions of the Golf Course have gone unattended in the past and their consulting proposal wishes to address these issues. They feel they can make the Golf Course better, even with those issues, and that Mr. McMillen is in a unique position, because of his 10 years at the Golf Course and his golf skills, to be able to render these services at a fraction of the cost of what a full time employee would cost the City. They believe they have reached an agreement in principal with City staff and would like to allow the public to review the proposal. He expressed their appreciation of everyone's efforts to protect the Ukiah Golf Course, which they think is unique. It is their feeling that they can make the Golf Course even better, based on the proposal submitted. Jeff McMillen advised that he has been a head golf professional for the past 10 years. In the past couple weeks, he has worked with City staff and Mr. Jones to put together a proposal that he feels will benefit the golfers in the community and the Golf Course. He advised he will work very hard toward the benefit of the golfers and is looking forward to continuing a long career with the City of Ukiah. He thanked the public in attendance at the meeting and others who have supported him and the Ukiah Golf Course. Faye Hefte, Ukiah, representing the Women's Golf Ladies, advised that there are approximately 125 ladies in the Club who are in favor of the City renewing Mr. McMillen's contract because it would provide continuity to the Golf Course. It would help with Mr. McMillen being a consultant because he is there all the time and is aware of what needs to be done. She felt we are a unique golfing community because the course is so isolated, whereas other golfing communities have other facilities available to them. People have strong feelings about the Golf Course and they would like to see Mr. McMillen be the consultant for the Golf Course. Perry Ramsey, 1061 Maple Avenue, representing the Men's Golf Club, displayed a plaque that included names and local companies that contributed time and money toward building the back 9 holes of the Golf Course. He advised that he is also a member of the Golf Course Committee and submitted a petition with over 300 signatures, which the Pro Shop collected, that states they would like to keep the Golf Course as theirs, rather than it going to the management of a leasing company. He discussed ramifications of leasing companies on communities. He discussed the Junior Golf Club in Ukiah and the costs involved compared to a leasing organization. He reported that in approximately 18 years May 19, 1999 Page 3 of 16 the back 9 holes will be paid off, at a cost of approximately $93,000 annually. They paid approximately $23,000 for the renovation of their Club House and it will be paid off soon. They are continually upgrading the Course, have addressed a rate increase, and have placed the Golf Course in the black as far as being a revenue producer. He discussed other financial expenditures and revenue anticipated. Golf is not a sport for just the rich, but is played by a variety of people from all walks of life. He felt the Golf Course is an asset to the community and may have contributed to Ukiah becoming the number one small town in America. He felt that Mr. McMillen and his staff have done a wonderful job, have received support from the golfers, and are an asset to the City. He asked those in attendance to stand if they support the Ukiah Golf Course, and with a capacity crowd on hand, the majority of those present stood in support. Elsie Nielson advised that she has been on the Golf Course Committee for three years and has seen many changes. She discussed financial problems in the past and how the Golf Course has been a profit making enterprise for the past two years. The Committee is looking at the effects of a rate increase, especially as it may affect Senior Citizens on fixed incomes, and hope to continue with improvements to the Golf Course. Eric Peterson, Ukiah, advised that Mr. McMillen is a personal friend. personally committed to the proposal and wants more responsibility. Mr. McMillen is Bruce Slasser, resident outside the City limits, advised that he first began playing golf in Santa Barbara, and noted the socio-economic status is not the same in Ukiah. He has resided in Ukiah for 10 years and felt that anyone who wants to play golf can, whether they participate in the Mens Club competitions or other events. Golfers are a very diverse group of people and felt the Ukiah Golf Course is a unique jewel that needs community participation. Council briefly discussed the proposal, noting that the strong show of support for the proposal is well documented. MIS Ashiku/Baldwin to approve a 30 day extension of the current contract and direct staff to negotiate the extended contract including the additional "Golf Course Management Consulting Services", as defined in the May 10 proposal, for a period of 16 months and return said agreements to Council for review within 30 days; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 8. PUBLIC HEARING (7:00 P.M.) a. Aoolication to Demolish a Structure Over 50 Years Old Located at 295 and 289 . - North Main Street Planning Director Sawyer advised that the City has received an application to demolish a vacant commercial structure consisting of two storefronts at 295 and 289 North Main Street. Commonly referred to as "Howard Cleaners," the subject structure is in a state of disrepair and apparently possesses no historical preservation value. Since the structure is over 50 years old, its demolition is subject to review and approval by the City Council in the context of a public hearing, in keeping with the Council-adopted demolition May 19, 1999 Page 4 of 16 provisions of the Municipal Code. He reported that it is the intention of the Ukiah Redevelopment Agency to landscape the parking lot, which would include these parcels. The Demolition Permit Review Committee reviewed the application at their meeting of May 11, and recommended approval of the permit based on the finding that the structure is not historically or architecturally significant. Based on their review, Staff is recommending approval of the permit. 7:03 p.m. - Public Hearing Opened. Justine Toms, owner of New Dimension Radio, Ukiah, advised that her business is located across the street from the building to be demolished. She is supportive of the demolition of the structure and felt it is an eye sore and would be costly to repair. She discussed the procedure for tearing the building down under the Fire Department's supervision, and approved of the City's utilizing the Fire Department to conduct a practice procedure. She expressed concern with the effects of the burn on their building, noting that they stock sensitive electronic equipment and are concerned about smoke damage. She has discussed the matter with the Fire Department and will be closing their ventilation system during the burn. She also expressed concern with the trees near their business and the need for their protection during the demolition and burn process. Both her and her husband are very supportive of a shaded parking area, noting that the heat is very intense in the summer months on the asphalt parking lot. She noted that their employee, Tom Greenaway, met with Fire Chief Sandelin and walked the site, noting their concerns, and a letter was forwarded to the City. City Manager Horsley advised that Fire Chief Sandelin met with neighboring business owners to discuss the procedure and will address their concerns. She will have the Fire Chief contact Mr. and Mrs. Toms if they have further concerns. She advised that both she and Assistant City Manager Flad have met with the Toms regarding the matter. Tom Greenaway, 309 Clara Avenue, thanked City Manager Horsley and Assistant City Manager Flad for touring their business and easing their concerns regarding the burning of the building across the street. They discussed protection of the trees and whether heat generated from the burn may cause broken glass. Fire Chief Sandelin discussed the options for dealing with this situation. Mr. Greenaway was very impressed with City Staff coming to their business when they called about their concerns. 7:10 p.m. - Public Hearing Closed. MIS Baldwin/Libby to approve demolition of a structure over 50 years old located at 295 and 289 North Main Street, based on the finding that it does not possess historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: Councilmember Smith. 10. UNFINISHED BUSINESS a. Adoption of Resolution of Intention to Modify the Boundaries of the City of Ukiah Downtown Parking and Business Improvement Area May 19, 1999 Page 5 of 16 Assistant City Manager Flad advised that at the May 5, 1999 meeting of the City Council, staff was directed by the Council to begin the procedures for expanding the boundaries of the Downtown Improvement District. The expansion includes the additional areas of Mill Street to Gobbi Street, and Main Street to Oak Street. He advised that the purpose of the resolution is to define the area of proposed expansion in more detail; describe how fees are to be assessed; describe how the revenue generated will be spent; and set the date for the second step, which is the public hearing. The Public Hearing must be conducted not less than 20 days or more than 30 days after adoption of the Resolution of Intention. The public hearing will be scheduled for the June 16, 1999 meeting. The notice of the June 16, 1999 public hearing will be published and mailed to each owner of a business affected by the proposed modification. The total estimated revenue generated for the Main Street Program as a result of the proposed expansion is $1,962 annually. Councilmember Libby inquired about the businesses mentioned at the previous meeting that couldn't afford to join the Main Street Program, and if there is assistance available to help them financially with the membership fee. Kris Rasmussen, Main Street Program Executive Director, advised that Rite ^id's manager was supportive of the Program, however, he couldn't get approval from their corporate office. The other business declining to participate is Computer Scene who felt they didn't need any more business. City Attorney Rapport advised that there is no financial hardship exemption in the existing ordinance. City Manager Horsley noted that a cap of $250 was placed in order to make the Program affordable to businesses. Assistant City Manager Flad advised that the purpose of the delay between the adoption of the Resolution at this meeting and the Public Hearing is to allow the businesses an opportunity to relay their support or disapproval of the Program. MIS Libby/Baldwin to adopt Resolution No. 99-41, Intention to Modify the Boundaries of the City of Ukiah Downtown Parking and Business Improvement Area; carried by the following roll call vote: AYES: Councilmembers Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSTAIN' None. ABSENT: Councilmember Smith. 11. NEW BUSINESS a. Receive for Comment Proposed Mendocino ~olid Waste Management Authority 1999-2000 Fiscal Year Budget Matter continued to the June 2, 1999 City Council meeting. 11b. Presentation of Current Status of the Rate Reduction Plan. Authorization for the Establishment of the Rate Reduction Fund and Authorization for Utilization of Excess Reserves Public Utilities Director Barnes advised that, as a follow up to the Electric Utility May 19, 1999 Page 6 of 16 Workshop, staff has prepared an analysis of the City's current reserves and anticipated 1998-99 year end balance for the Electric Utility which indicates that the utility will exceed our retained reserves and rate reduction plan requirements by approximately $3,057,000. This was due to being able to exceed our income goal for 1999 in three areas. First, excess power was sold into the spot market to significantly reduce the City's power costs. Secondly, operating expenses are forecasted to be under projected expenditures due to the delay of projects, but will be re-budgeted in the 1999-2000 fiscal year budget. In addition, the franchise fee has been frozen at $650,000, which saved the utility approximately $178,000. Thirdly, revenues are forecasted to exceed budgeted projections for 1999, as a result of increased load and favorable weather conditions. With the rate reduction plan fully funded for the 1998-1999 fiscal year, an analysis of banked reserves and interest has determined that at the current rate of savings, market rates could be achieved by July 1, 2006, which is a year earlier than forecasted during the Electric Workshop. Banking these funds into the rate reduction reserve would advance the time to market rates six months, to January 1, 2006. In addition the funds would be available to fund any shortfalls that might occur in years 2000 through 2006, that could force the delay to market rates. On this basis, our projected system average rate in July 1, 2007, would be $.0697 per kwh, or a 55% reduction in rates. This assumes that the market conditions and projected expenditures remain as planned. He recommended banking approximately $1,000,000 for any type of catastrophic failure which may occur. Staff favors using these funds to shorten the time to achieve market rates. He recommended Council approve the establishment of a Rate Reduction Fund, under the Revenue Banking Plan, to set aside $3,570,000 into the current reserves, and to direct staff to use the $3,057,000 for the Rate Reduction Plan. It was noted by Utilities Director Barnes in a discussion with Mayor Mastin that a rate reduction now would only amount to approximately $1.91 per electric bill, based on an average bill (electric only) of $58.67 per month. However, should Council bank the reserves, the public may see their electric rates cut in half by the year 2006. There were no comments from the public. Discussion of setting aside a portion of the reserve funds to assist Iow income people with their utility bills was suggested by Councilmember Baldwin. The matter was discussed with Public Utilities Director Barnes and Customer Service Supervisor Archibald with regard to the Public Benefits Charge and the income requirements for assistance programs that the City currently offers. It was reported by Ms. Archibald that applications have been made available at the Senior Center for the Senior Discount Rate Program. She advised that the Low Income Emergency Assistance Program funds come out of the Public Benefits Charge, and that the City has not been using all of these funds. She discussed the screening process provided by the Salvation Army, which is based on Federal Poverty Income Guidelines. City Manager Horsley noted that it was previously reported that at the end of the Public Benefits Charge requirement, there will be funds remaining, based on the way in which they are currently being used. If Council chose to continue that assistance, staff could May 19, 1999 Page 7 of 16 look at ways to continue the Program, whether there was a Public Benefits Charge or not. If Council wants staff to continue to budget for this after the legislative period is over, staff could provide Council with a resolution designating that the program continue to take the percentage out of our revenues to be designated for Iow income assistance. She suggested making it a permanent part of the budget. Ms. Archibald noted that it is anticipated that the City will use less than one-third of the funds each year. Discussion continued with regard to re-examining the eligibility criteria, thereby enabling more individuals in the community to take advantage of the program. It was noted that City staff has conducted an aggressive campaign to notify the public in their utility bills four times per year, made applications available at the Senior Center, and have made adjustments to utility bills upon the request of customers. Staff is currently analyzing the applications which have been denied by the Salvation Army. It was noted by Mayor Mastin that the applications should be available in Spanish as well as English. Councilmember Libby expressed her desire to reduce the utility rates now, by the total amount of reserves of over $3 million, rather than bank the money. She noted that the City has said after the last increase three years ago. that they will reduce the rates as soon as they can. She strongly felt it would be very appropriate to give the money back to the people. Mayor Mastin expressed concern with the mandate of cutting the City's rates by more than half in the year 2003 because of federal legislation. The electric fund will not be able to cover that cost, resulting in serious problems in the General Fund to try to cover the reduced rates. It would be nice to give a rate reduction to the City's rate payers, however, he felt it would be somewhat short sighted at this time. If we could guarantee that the City could make market rate by 2003, it would be appropriate. He expressed concern with the legacy this Council would leave future Councilmembers should the money be returned to the rate payers now. Mr. Barnes advised that, should the City reduce the electric rates now, they would be faced with an estimated shortfall of $6 million in the year 2003. Councilmember Ashiku felt the most responsible thing to do is to bank the money now. If Council opted to return the money to the taxpayers, the City may be looking at a bankruptcy situation in the year 2003. He discussed the uncertainty of federal legislation with regard to deregulation. If the utility market were opened in Ukiah, with our high rates our ability to survive would be in jeopardy. He briefly discussed the bonds for the power plant and projected rates in the year 2006, and that we would be looking at year 2019 to get to those rates if we funded a reduction plan. He noted that the City will be paying for that rate reduction over and over again and felt it is a substantial waste of public resources. He concurred with staff's recommendation. Mr. Bames advised that it is staff's vision that the fund would be funded every year out of operations. If we were to fall short of the revenues less expenditures goals, and need extra money to put into the investment plan, then staff will ask for it out of the reserves that are currently available. He noted that the fund would be used for rate reduction and would May 19, 1999 Page 8 of 16 be in a separate accounting fund, separate from other reserves. He noted that the proposed plan leaves approximately $1 million in reserves. He further discussed changing the Public Use Bonds, and taxable bonds were discussed. Discussion continued concerning the Fund Reserves, possible shortfalls, and projected market values in the future. Protecting the long term rates and the savings can be contributed to staff's long term planning. The issue of money being available for assistance is a critical issue and staff will make a commitment to broaden the criteria in order to assist more people. It was recommended that applications for assistance should be distributed to the Food Bank, Plowshares, the Community Center and other non-profit organizations. A discussion was had regarding accumulating the reserves over many years. It was noted that the City, at one point, took money out of its account at NCPA to help with restructuring instead of using all of its reserves. Councilmember Libby, noting Mayor Mastin and Councilmember Ashiku's concern with going to market rate at 2003, suggested the City take $430,000 annually over the next three years, and give this back to the residents until we see how the market progresses by the year 2003. She strongly felt the City should do something now for the utility rate payers and over the next three years we can continue to bank money. Further discussion followed concerning whether to bank the money now and how long it will take the City to get to market rate. Sales tax revenues were also discussed. It was noted that new developments in the community have helped to increase the City's revenue. The restructuring of the debts and freeing up money that was used for the bonds was considered. It was noted that there would be no need to increase rates in the next few years. Staff was commended by members of Council for their efforts. Councilmember Libby requested an analysis be prepared for the Franchise Fee. City Manager Horsley reported that part of the proposal would allow staff to take the Franchise Fee back to the 1997 year, which is approximately $675,000, and at the full 6% this fiscal year, it would be $835,00. Staff is proposing that the 1997 Franchise Fee rate be frozen, and instead of making a 6% Franchise Fee, freeze it at $675,000 so it would be a fiat amount and all the additional money would go into this reserve, not only for this year, but every year in the future. She noted we can review the matter again while reviewing the budget. MIS Ashiku/Baldwin to authorize the establishment of the Rate Reduction Fund and the placement of $3,570,000 from current reserves into the rate reduction fund, and to authorize the placement of excess reserves, in the approximate amount of $3,057,000, into the Rate Reduction Fund. City Manager Horsley inquired of the City Attomey with regard to the Franchise Fee being held at the flat rate of $675,00 and if it is included in the proposed motion. Councilmember Ashiku was of the understanding that we would be freezing the transfer of $675,000 to the General Fund, but are still collecting the full percentage, with the May 19, 1999 Page 9 of 16 difference going to the Rate Reduction Fund. City Attorney Rapport advised that they would not be freezing funds, but rather diverting an additional amount, which is part of the description of the agenda item. Motion carried by the following roll call vote: AYES: Councilmembers Baldwin, Ashiku, and Mayor Mastin. NOES: Councilmember Libby. ABSTAIN: None. ABSENT: Councilmember Smith. 11c. Selection and Appointment of Vice Mayor Matter continued to the June 2, 1999 City Council meeting. 11d. Report Regarding Commissioner Terms Expiring June 30. 1999 City Clerk Ulvila advised that before Council for consideration is a current list of City of Ukiah Commissions and their terms of office, with some terms expiring June 30,1999. Effective June 30, there will be vacancies on the Planning Commission, Airport Commission, Golf Course Committee, and the Parks and Recreation Commission. At a recent joint meeting of the Golf Course Committee and the Parks and Recreation Commission, it was voted and approved to merge the two bodies. Per Resolution 95-48, adopted June 7, 1995, the City Clerk will advertise the upcoming vacancies and notify each member they must re-apply if they are interested in serving another term. The application deadline is proposed to be June 25, 1999. Council interviews for Planning commissioner will be scheduled for a time prior to the first meeting in July, with the appointments agendized for that same meeting. All applications will be included in the Agenda packet for the July 7, 1999 meeting, at which time appointments will be considered. She recommended Council receive the report and authorize the City Clerk to advertise for vacancies. City Manager Horsley advised that the Parks and Recreation Commission and the Golf Course Committee used to be one committee, and that in 1989 were separated due to the problems and concerns at the Golf Course. The committees would like to go forward with the merger. The matter will be brought back to Council in June for consideration. Community Development Director DeKnoblough advised that the vote was unanimous to merge by both committees at separate meetings. He noted that the Golf Course Committee would like to see the Golf Course viewed as a significant recreational asset of the City. He reported that currently neither committee has adequate business to conduct regular meetings. He discussed the recent budget meetings with both groups. He also discussed lack of interest by the public to serve on these committees. Discussion followed regarding the problems and concerns of the Golf Course may not be the same as the problems, concerns, and needs of other recreational programs. Concern was also noted that the merged committee may be weighted regarding specific interests. Council expressed concern that members of the merged committee have broad interests and not focus on just golf issues, or park issues. Of special interest to Council was future plans for parks and trails, and how the new committee would adequately meet those needs. May 19, 1999 Page 10 of 16 City Manager Horsley reported receiving information regarding a grant for pedestrian and bike paths along railroads. Staff will be meeting next week regarding applying for the grant. City Clerk Ulvila responded to an inquiry by Council regarding savings by merging the committees, and noted that the meeting transcriptionist would only have to attend one meeting instead of two, and that savings would also be had on paper for packets, and the use of the facilities. Discussion followed regarding upcoming vacancies on the committees and the process of appointment. It was noted that if the Golf Course Committee and Parks and Recreation Commission merge, there are some positions which would not be filled. City Manager Horsley advised that it is proposed that the merged committee consist of seven members and there would be representatives from the Mens' Golf Club as well as the Womens' Golf Club, with the remaining five members serving at large. City Attorney Rapport pointed out that Council went through a lot to establish a procedure for appointments. Mayor Mastin recommended that on the list of terms of City of Ukiah Board and Commission Members, that former Councilmember Kelly's name be deleted and replaced with Councilmember Ashiku regarding the nomination process. Consensus of Council was to receive the Report and authorized the City Clerk to advertise for vacancies with the Airport Commission and Planning Commission. 11e. Discussion of possible Ballot Measure to Have the City Clerk be Appointed by the City_ Council City Clerk Ulvila advised that before Council for discussion and approval is a proposal to call a Special Election in November 1999, requesting the election be consolidated with the other elections occurring at that time, and that it include a Ballot Measure designating the City Clerk as appointed by the City Council, rather than an elected position. She noted that Mendocino County Clerk Marsha Wharff estimated the cost for a Special Election to be approximately $7,500, which is similar to the cost for the November 1998 General Municipal Election. However, it was noted that the more districts that participate in the November 1999 election, the more the total cost of the election is distributed among the participants. She advised that since 1996, she is the third person to be appointed to the City Clerk position. The term expires in November 2000. In the November 1996 election, no one ran for the office of City Clerk. Subsequently, the City initiated an application process to fill the vacancy. Two previous Ballot Measures regarding appointed City Clerk have been presented to the voters of Ukiah, both being defeated. However, in the March 1996 election, it was narrowly defeated by a 46% to 53.9%. The only requirements to run for the office or Elected City Clerk are that a person is 18 years of age, a citizen of the United States, and a registered voter in the City of Ukiah. May 19, 1999 Page 11 of 16 In Mendocino County, the City Clerks of Fort Bragg and Point Arena are appointed positions. The City of Willits has an elected City Clerk, however, the Deputy City Clerk performs most of the functions of the City Clerk's office for that city. At a recent City Clerk's conference, it was revealed that approximately 2/3 of the City Clerks in California are appointed and the trend is toward appointive City Clerks. A comparison was recently made that the Mendocino County Clerk of the Board, who is appointed and serves the Board of Supervisors, is very similar to a City Clerk in that each serves the Board or Council and both share similar administrative responsibilities. As the City Clerk of Ukiah for nearly a year, she has had the opportunity to assess the duties and responsibilities of the City Clerk's position. She felt that the City Clerk's position should be full time, rather than the 32 hour week currently allocated. She noted that her work schedule exceeds the 32 hours each week. As the City continues to grow and attempts to keep up with the state of the art technology, it is important that the City Clerk's office be prepared for the present as well as the future needs of the City and its citizens. Organization and knowledge of City functions are major necessities of keeping the City Clerk's office functioning efficiently. She felt it is important that the citizens of Ukiah have someone in the position who meets these qualifications. These qualifications are not required of anyone running for the elected office of City Clerk in Ukiah. Should someone be elected who does not possess these skills or have administrative abilities, the burden would fall upon City staff to make sure the job is done. In the event an elected City Clerk resigns from the position, or, as in the 1996 election no candidates ran for the office, an effective recruitment and selection process needs to be established in order to ensure the position is filled by a qualified person. The position should be filled from among qualified candidates, using the same time tested, competitive techniques used to hire other City staff, which objectively compare candidates based on their qualifications to perform the technical requirements of the job. An elected City Clerk cannot be as effectively supervised to insure the continued efficient performance of his or her job duties. Under this ballot measure, the City Council would directly appoint the City Clerk, after a thorough evaluation process has been completed. In Ukiah, voter interests are adequately protected by the separately elected Mayor and the elected City Council members. The City Clerk does not make policy. The City Clerk does not act as a check on the abuse of power by local government. Instead, as an elected position, it converts what should be a professionally-based technical and administrative job into a political office. An over-all consensus of City Clerks is that the City Clerk's position should be impartial, and not a political position. The citizens of Ukiah elect the Mayor and City Council to act on their behalf, and their appointment of a City Clerk should be part of their responsibilities to the constituents to ensure that the most qualified person is appointed the job. Should Council wish to go forward with this proposal, a Resolution designating a Ballot Measure be placed on the November election will be brought back to Council in addition to an agreement with the County for election services. Mayor Mastin discussed the matter of Council's consideration of a Special Election during May 19, 1999 Page 12 of 16 their last meeting with regard to filling a vacancy on the City Council. He felt that the proposal for a Special Election for City Council is very different than the proposal for the appointment of the City Clerk, in that the City Council would be without a Councilmember until the November election took place, and then the person would serve for only one year before the next election occurred. Cost was not a factor for that issue, in that Council would have been mandated by law to hold an election if an appointment did not occur prior to the deadline. Councilmember Libby was supportive of placing the proposal on the ballot, however, she did not feel it is an emergency issue and would be more inclined to wait until the General Municipal Election in November 2000. Mayor Mastin advised that, should Council wait until the year 2000 to place the matter before the voters, it would not take effect until the year 2004. City Clerk Ulvila was of the opinion that the previous measures did not adequately educate the voters as to what the City Clerk's position entails. She noted that research has proved that this type of measure is more successful during a Special Election rather than during a General Municipal Election because it is not overshadowed by other issues, such as the election of Councilmembers. She discussed the cost of a Special Election, noting that it was originally estimated that if no other entity participated, the cost would be $15,000. However, with other participants in the election, the cost for a Ballot Measure would be approximately $7,500. She discussed varying printing costs. Councilmember Baldwin inquired if there would be additional costs to include other measures on the ballot, such as having the Mayor's term be four years, and also a proposal to have numbered Council seats. He felt it would be more cost effective to have more than one measure on the ballot. City Clerk Ulvila advised that the County Clerk has indicated the cost would be approximately $7,500, with additional costs for printing. A primary election is scheduled for March 2000, and the County Clerk informed her that the costs would be even higher should measure(s) be placed on the ballot, since the pamphlets are printed by party affiliation. During a regular election year, the cost to place a ballot measure would be approximately $7,500. She referred to the time line presented in the staff report, noting that Council would need to make a decision in June, in order for the Resolution and Agreement to be submitted to the Board of Supervisors by July 5, 1999. She noted that at the March 1996 election, the two measures presented were to have the City Clerk appointed and to have the City Treasurer appointed. Discussion followed concerning placing a measure on the ballot to elect the Mayor to a four year term. City Attomey Rapport advised that there would be a need to have two measures on the ballot with regard to the Mayor's term: 1 ) Should the Mayor be elected or appointed?, and 2) Should the Mayor's term be for two years or four years? May 19, 1999 Page 13 of 16 Councilmember Baldwin explained his proposal for numbered Council seats, in that there would be four numbered incumbents. If an incumbent ran for election, a person could challenge that incumbent for their numbered seat. Consensus of Council directed the City Clerk to research the matter and provide Council with a cost estimate to have more than one ballot measure at the November 1999 election. 12. CITY COUNCIL REPORTS Councilmember Libby reported that she attended the Sun House Guild meeting and they are working on their fund-raiser for June 6, 1999. Three more Grace Hudson paintings were donated to them by a couple in Connecticut. The Guild is exploring having their own Web page, separate from the City's. At the June 6 event, they will be presented with the $400,000 donation for the building fund. They received a complaint regarding the park at the Sun House needing to be policed more. There have been reports of undesirables loitering and the matter will be investigated. Councilmember Baldwin reported that he attended the Mendocino County Inland Water and Power Commission meeting. A number of members expressed concern because the National Marine Fisheries Service submitted an alternative proposal to FERC which calls for a greater limitation on the diversion into the Russian River. This led to great concern by the Potter Valley representative and Michael Delbar, which had split from the fishery review group. There is continuing discussion regarding the flaws in the draft ElS statement, which should be explored at a conference in Santa Rosa on June 12 and 13, 1999. Meanwhile, the Steiner Ditch proposal is catching increasing flack from the Potter Valley farmers and ranchers because they are concerned that it would then introduce into spawning fields endangered species. The Potter Valley creeks would then be open to "endangered species" which would then cause the ranchers to come under Section 7 requirements with regard to their agricultural practices. All proposals being discussed are extremely costly. He advised that the Russian River Council will meet this Saturday. Councilmember Ashiku had nothing to report. Mayor Mastin referred to the MSWMA budget, noting there will be a reduction in the MSWMA surcharge by $0.50, which means the rates will be lowered. He reported that there is an interested party in the nine acres on North State Street and the matter is still being negotiated. He noted that the Court of Appeals upheld a lower court ruling regarding the North Forks Group challenge to the EIR process, thus MSWMA's legal fees will be reduced this year. He reported that Cheryl Willis, Caltrans District Representative, called MTA today, leaving a message after the NCRA meeting in Rio Dell, and reported that the Transit Center item is moving forward and looked promising. He noted a communication from Assistance City Manger Flad regarding a World War II program being put together by Kate Magruder based on a war novel by Studs Strickel that she rewrote into a play. He has given her permission to do it again and the program will May 19, 1999 Page 14 of 16 involve events around town focusing on events of World War II. He discussed attending a meeting in Woodland last Friday and also toured the Woodland Hotel, at the request of Judy Pruden. The hotel was remodeled by the same architect that S.P.A.C.E. has retained to remodel the old St. Mary's Church. He was very impressed by the building, in a courtyard design, and included senior housing above, retail stores and office space at ground level. He noted that prior to Kristy Kelly's resignation, she comprised a committee with him which was to meet with Supervisors Michael Delbar and Tom Lucier regarding annexation and potential tax sharing issues. He noted her position needs to be replaced. Councilmember Ashiku volunteered to participate on the committee since he also sits on LAFCO, which discusses annexations. City Manager Horsley advised that the most important issue is the Brush Street triangle because of the situation with the bridge. Any future discussions would be if the City and County were interested in changing the boundaries of the City limits both to the north and to the south. Mayor Mastin discussed Council previously receiving information on walkable communities. A workshop was held in Willits this week and Associate Planner Lohse was in attendance. He hopes to receive a report from Mr. Lohse regarding the workshop. City Manager Horsley advised that Mr. Lohse felt the workshop was very similar to Ukiah's Bicycle and Pedestrian Master Plan. 11. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley advised that Charlie Myers contacted her regarding continued interest in the Wards site for a school. He inquired if any Councilmember would be interested in joining them on a trip to Sacramento with other members of their committee to meet with groups that might have funding available for school projects. They would also meet with legislative representatives, as they pursue alternative or additional funding for a school site at the Wards location. Councilmember Ashiku volunteered to participate in the trip to Sacramento. 12. CLOSED SESSION a. C.C. §54956.9(b){.1) -Conference With Legal Counsel Regarding Pending Litigation - Existing Litigation - 2 matters: Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No, 77517 Redwood Business Park v. City of Ukiah, Mendocino County Superior Court Case No. 77252 No action taken. 13. ADJOURNMENT May 19, 1999 Page 15 of 16 There being no further business the meeting was adjourned at 8:42 p.m. Marie Ulvila, City Clerk May 19, 1999 Page 16 of 16 BOARD OF SUPERVISORS MINUTES -JUNE 8, 1999 PAGE 48 BEFORE THE BOARD OF SUPERVISORS COUNTY OF MENDOCINO STATE OF CALIFORNIA The Mendocino County Board of Supervisors met in regular session on Tuesday, June 8, 1999, at 8:30 a.m., with the following members present: Richard Shoemaker, Tom Lucier, Patricia Campbell, and J. David Colfax. Michael Delbar absent by prearrangement. Chairman Shoemaker presiding. Clerk of the Board Kristi Furman. Also Present: Michael Scanneii County Administrative Officer and County Counsel H. Peter Klein. 2. CLOSED SESSION - 8:30-10:00 a.m. a. b. c. Pursuant to Government Code Section 54956.9 - Existing Litigation: Sawicki v County of Mendocino Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - Museum Director Pursuant to Government Code Section 54957.6 o Conference with Labor Negotiator: Agency Negotiator-Roger Wong; Employee Organization - Department Heads RECESS 10:00-10:05 A.M. No report. Item 2c continued to later in the session. 3. PLEDGE OF ALLEGIANCE was led by Chief Probation Officer Bob McAlister. m MINUTES Upon motion by Supervisor CamPbell, seconded by Supervisor Lucier, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the minutes of the May 18, May 24, and May 25, 1999, meetings are approved as written. CONSENT CALENDAR Upon motion by Supervisor Lucier, seconded by Supervisor Campbell, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that Consent Calendar items (1-9) are approved as follows: BOARD OF SUPERVISORS MINUTES -JUNE 8, 1999 PAGE 50 1-78 6. COUNTY ADMINISTRATIVE OFFICER 6c. AB 1303 - Board of Supervisors Appointment of Chief Probation Officer Deputy County Administrative Officer Bruce Mordhorst introduced this item and provided background information relative to this topic. Chief Probation Officer Bob McAlister, spoke to this item. He expressed that it is the Court's desire to continue to be the appointing authority of the Chief Probation Officer. The California Chief Probation Officers' Association has not taken a position on this proposal. Mr. Mordhorst clarified that if this bill passes, the County will need to make a determination of whether or not to pursue a change in appointing authority. Discussion ensued regarding the merits of establishing a local option for the appointment of the Chief Probation Officer. Upon motion by Supervisor Colfax, seconded by Supervisor Lucier, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the Board supports AB 1303 which allows the local option of the appointment and removal of the Chief Probation Officer by the Board of Supervisors and directs staff to prepare letters to the County's legislative delegation detailing this support. 6b. County Administrative Officer Report County Administrative Officer Michael Scannell reported that budget sessions with Department Heads have been completed. Mr. Scannell anticipates presenting the proposed budget to the Board at their June 22, 1999, meeting. 1-5oo 6e. Resolution Approving the Transfer of Control of the Cable Franchise from Century Communications Corporation to Adelphia Communications Corporation Deputy County Administrative Officer Bruce Mordhorst reported that the Board is obligated to grant this approval if the conditions are met. Representatives of Century Communication were present to speak to the transfer and impact to the community and citizens. BOARD OF SUPERVISORS MINUTES- JUNE 8, 1999 PAGE 52 Sa. Upon motion by Supervisor Colfax, seconded by Supervisor Lucier, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the Board accepts and appoints those nominated by Mendocino Works: Dennis Ivey, Chuck Hall, Alison Glassey, Madeline Holtkamp, Brent Rutherford, Don Vasconcellos, Roy Smith, and the Private Industry Council: Chuck Whitlock, David O'Leary, Jim Persky, Cheryl Kier, Al Beltrami, Mike McCann, Jim Mayfield, Monte Hill, (Alternates: Chuck Simon, Daniel Rogina, Darline Kelly-Bergere, Standford Brown) and also appoints the following members: Tola Levison, Don Lipmanson, Steve Hall, and Joe Hoffman. Ms. Martinez explained the intense effort which will be exerted during the next six months. Utilization of a consultant with expertise in employment and training programs would greatly assist in the Task Force's effort. Ms. Martinez requested Board approval to release a proposal and initiate a search for a consultant. Upon motion by Supervisor Campbell, seconded by Supervisor Lucier, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the Board directs staff to modify the description of consultant to contractor and authorizes the County Administrative Office to begin the process of hiring a contract employee/agency to staff the Workforce Investment Act Task Force. Discussion on motion: The Board directed the Task Force to return to the Board in July, or sooner if the Task Force is not able to meet the contract deadline. Ms. Martinez also explained the proposed makeup of the selection committee. PUBLIC HEARING - ADOPTION OF REVISED FEE SCHEDULES (MENTAL HEALTH, PUBLIC HEALTH, PLANNING AND BUILDING SERVICES, SHERIFF- CORONER, SOLID WASTE) PROPER NOTICE Upon motion by Supervisor Campbell, seconded by Supervisor Lucier, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that proper notice has been determined. PUBLIC HEALTH Public Health Director Carol Mordhorst explained the proposed Public Health nursing fee increases. BOARD OF SUPERVISORS MINUTES -JUNE 8, 1999 PAGE 54 1-2610 PLANNING AND BUILDING Planning and Building Services Director Ray Hall presented the Planning and Building Services proposed fee increases. Mr. Hall referenced correspondence received by the Mendocino Historical Review Board encouraging further reduction of fees. Board discussion ensued relative to consistent and fair reductions and also to clarify the matter of reducing services and related fees. 2-245 THE PUBLIC HEARING FOR THE ADOPTION OF REVISED FEE SCHEDULES- PLANNING AND BUILDING, WAS OPENED and the following addressed these items: Al Beltrami, representing the Mendocino County Employers' Council requested time at the end of the presentation to provide general comments. PUBLIC HEARING CLOSED. Upon motion by Supervisor Colfax, seconded by Supervisor Campbell, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the fees do not exceed the cost of providing service and the Board adopts the resolution amending the fee schedule for the Department of Planning and Building Services and the Clerk of the Board -- RESOLUTION NO. 99-092 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO, STATE OF CALIFORNIA, APPROVING FEES BASED ON THE COST OF PROVIDING SPECIFIC COUNTY SERVICES - PLANNING AND BUILDING SERVICES AND CLERK OF THE BOARD. 2-345 SHERIFF'S DEPARTMENT Cindy Gander, Sheriff's Department Business Services Manager, introduced this item. THE PUBLIC HEARING FOR THE ADOPTION OF REVISED FEE SCHEDULES - SHERIFF'S DEPARTMENT, WAS OPENED AND SUBSEQUENTLY CLOSED as no one present wished to address these items. BOARD OF SUPERVISORS MINUTES -JUNE 8, 1999 PAGE 56 RESOLUTION NO. 99-094 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MENDOCINO, STATE OF CALIFORNIA, ESTABLISHING A SOLID WASTE AND RECYCLABLE MATERIAL COLLECTION AND TRANSPORT PERMIT APPLICATION FEE. 2-885 Public Expression: Al Beltrami representing the Mendocino County Employers' Council spoke to fee issues and referenced a State mandate regarding actual cost of services. Mr. Beltrami also expressed the Council's desire to meet with a Board Committee in the near future, possibly during the June Committee meetings. 2-1050 8b. AUTHORIZE REDUCTION OF FEES FOR USE PERMIT APPLICATIONS TO CONVERT EXISTING DWELLING UNITS TO VACATION HOME/SINGLE UNIT RENTALS IN THE TOWN OF MENDOClNO - PLANNING AND BUILDING SERVICES Mr. Hall introduced this item and encouraged Board support for a reduction in fees for Use Permit applications of vacation home rentals in the town of Mendocino. . Upon motion by Supervisor Colfax, seconded by Supervisor Campbell, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the Board of Supervisors authorizes the Department of Planning and Building Services to reduce the fee charged for Use Permit applications received prior to July 1, 1 999, for vacation home rentals/single unit rentals within the town of Mendocino consistent with the fee modification to become effective July 1, 1 999. ADJOURNED FOR LUNCH 12:10-1:35 P.M. 2-1195 11. DEPARTMENT OF TRANSPORTATION Consent Calendar Upon motion by Supervisor Campbell, seconded by Supervisor Lucier and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that consent calendar items no. (1 la-1 lc) are approved as follows: (11a) Approve Contract Change Order No. 1, DOT Contract No. 980008, 1998 Storm Damage Repairs on Comptche Ukiah Road, CR 223, at BOARD OF SUPERVISORS MINUTES - JUNE 8, 1999 PAGE 58 13q. Civil Service Commission Upon motion by Supervisor Colfax, seconded by Supervisor Campbell and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that Mitch McFarland is reappointed to serve as the 5th District Representative on the Civil Service Commission. 2-1900 7. COMMITTEE REPORTS / SUPERVISORS REPORTS Supervisor Lucier shared concerns from a recent meeting regarding the potential use of timberland for vineyards. Supervisor Colfax spoke to a recent meeting regarding the Mendocino Post Office. Supervisor Colfax will be presenting a resolution to the Board for a Post Office to be put in place by the community. 2-2222 l Oa. PROVISION OF CONSOLIDATED SPACE FOR ADULT AND CHILDREN'S SERVICES CURRENTLY LOCATED IN WlLLITS - SOCIAL SERVICES Alison Glassey, Social Services Director, provided a background perspective related to this item in support of consolidation of space for Adult and Children's Services in Willits. A thorough analysis was provided by Ms. Glassy relative to current limitations and community needs. Social Services is seeking an immediate short term solution, however, would like greater discussion of a fully integrated service center in Willits. A lengthy question and answer period followed relative to the Ross/Drulis space study and the bigger issue of whether or not to expand County services in Willits. General Services Director Pete Halstad and Deputy County Administrative Officer Beth Martinez shared additional information relative to the broader topic. Carol Mordhorst, Director of Public Health, reported that the Health and Human Services Council unanimously agreed to move forward with an integrated service center. There are many advantages to a co-location of services. All Health and Human Services Department Heads support moving forward in the same direction. The following spoke in support of continued or expanded County services in Willits: Gordon Logan, Willits City Manager; Jim Marill, Willits Community Services; Patty Bruder, North Coast Opportunities and the Willits Action Group; Carol Ann Cruise, Willits Public Health employee; Michelle Rogers. BOARD OF SUPERVISORS MINUTES -JUNE 8, 1999 PAGE 60 3-1150 10c. WILLITS LANDFILL - REPORT AND POSSIBLE ACTION/FINAL CLOSURE- CONSTRUCTION PROJECT BIDS-SOLID WASTE Paul Cayler provided a status report on the closure of the Willits Landfill including the fact that the construction bid amounts exceeded estimates by a significant amount. Mr. Cayler reviewed the Board's options relative to this item. Mr. Cayler indicated that funding options include inter-fund borrowing from the county treasury. Also of note, the City of Willits expressed extreme hardship in establishing funding to pay their share of the closure costs. The Solid Waste Department encourages Board support in honoring the County's obligation of paying 50% of the project costs. Gordon Logan, Willits City Manager, expressed his appreciation for Solid Waste's efforts to work cooperatively on this matter. A financing method has been identified, which includes the hauler who has also been an active partner in this matter. The hauler will work with the City which will entail a minimal additional charge to the ratepayers. Mr. Logan provided a further explanation of financing parameters. County Administrative Officer Scannell advised that the County anticipates funding their portion of closures costs within the 1 999/00 appropriations rather than borrowing. David Madrigal, City of Willits, explained that although the bids exceeded the expected amounts, this is still the preferred method of closure and will be recommended to the Willits City Council. It was felt that if this bid is not accepted, future bids will only increase over time. Supervisor Lucier shared his concerns regarding escalating costs and the need to complete the work. Upon motion by Supervisor Lucier seconded by Supervisor Campbell, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the Board supports the action of the Willits City Council by honoring its obligation to pay 50% ($351,000) of the landfill's projected deficit, if the City chooses to award the Willits Landfill Final Closure Construction Project to the current Iow bidder; the County further agrees to work with the City of Willits to mitigate any cash flow difficulties which might manifest themselves as a result of this project. BOARD OF SUPERVISORS MINUTES - JUNE 8, 1999 PAGE 62 4-650 14. COMMUNICATIONS RECEIVED AND FILED 14a. 1998-99 Final Report of the Mendocino County Grand Jury regarding Transient Occupancy Tax: Mr. Scannell reported that coordination of a response to the Grand Jury report has been initiated. Mr. Scannell further indicated that the County Administrative Office will return to the Board with a plan and response for the Board's consideration prior to the deadline. 14b. 14c. Upon motion by Supervisor Campbell, seconded by Supervisor Colfax, and carried unanimously (4, Supervisor Delbar absent), IT IS ORDERED that the Board accepts the Mendocino County Grand Jury Report and refers same to the County Administrative Officer and Department Head for response. Notice from GTE Mobilnet regarding site modification in Cummings, California PG&E Potter Valley Project - Correspondence received on behalf of PG&E, FERC, United States Department of the Interior, and Sonoma County Water Agency regarding the Potter Valley Project 4:45-6:20 P.M. CLOSED SESSION CONTINUED t CLOSED SESSION - CONTINUED 2c. Pursuant to Government Code Section 54957.6 - Conference with Labor Negotiator: Agency Negotiator-Roger Wong; Employee Organization - Department Heads No report. THERE BEING NOTHING FURTHER TO COME BEFORE THE BOARD THE MEETING ADJOURNED AT 6:20 P.M. TO RECOMMENCE ON MONDAY, JUNE 14, 1999, AT 9:00 A.M. FOR BOARD PLANNING MATTERS AND A BOARD WORKSHOP. (Tape end 4-71 5) 7-16-1999 3:66PM FROM CITY OF CLEARLAKE 996 2663 P. 1 crrY Cou cm Cleadakc City Hall' City Council Chambers 14050 Olympic Drive Clearlake, California Regular Meeting January 14, 1999 I Cc~L.L TO ORDZR The m~e~ting was called to order at 7:04 P.M. and the Pledge of Allegiance was led by Council Member Malley. Mayor MoMurray called for a moment of silence in memory of/ames Williams, Jr., Oakland Police Officer and Tracy Toomey, Oakland Fire Fighter who recently died in the line of duty. Council Members present were: Mayor McMurray, Vice Mayor Mingori, Council Member Malley and Council Member Sanchez. (one vacancy) Staff present were: Gail Wmgard, Interim City Administrator, Kenneth Wilson, City Attorney, Robert Chalk, ChiefofPolice, Elmer Mailatt, City Treasurer and Sharon Goode, Administrative Analyst/City Clerk. !! ....A.I)I)IT][ON$ TO AGENDA The Director of Community Development requested addition of a request to lease public fight-of-way to meet parking requirements. She advised that the request was received after the agenda was posted and there was a need to take action prior to the next regular meeting due to time constraints on close of escrow related to loan for acquisition of the property. There being no questions or comments, Mayor McMurray called for a motion. ACTION: It was moved by Council Member Sanchcz and soconded by Vice Mayor Mingori to determine that a need to take action exists, that the need to take action arose after the agenda was posted and to add request by Bernie Edwards, Realtor, to lease public right-of-way to meet parking requirements. The motion carried by 4-0-0 roll call vote (one vacancy). 7-16-1999 3:SBPM FROM CITY OF CLEARLAKE 99B 26B3 P. 2 CLEAR,LAKE CITY COUNCIL JANUARY 14, 1999 1. Richard ~ alleged that he was a victim of'police brutality and that the City's process for filing personnel complaints was in violation of citizen's rights. He ursed the Council to change the procedures for filing and investigating personnel complaints against police officers. IV C..~ COUNCILVACANCY CC-I ~,p_m~intment _to.. fill Coun.qil Vacant_. Mayor McMurray invited each applicant to make up to a 2 minute statement. Bill Shields and Sharon Mattson declined. Bob Gordon, Dan Obermeyer, Andy McCiain and Jan Kennedy each presented verbal statements. Mayor McMurray called for written ballots to be cast and passed to the City Clerk to be read aloud. Ballots were cast as follows: Council Member Malley voted for appointment of/'an Kennedy Council Member. Sanohez voted for appointment of run Kennedy Mayor McMurray voted for appointment of}"an Kennedy Vice Mayor hg_mgofi voted for appointment of Jim Kennedy Mayor McMurray requested that the City Clerk administer the Oath of Office. The Oath was administered and Council Mexnber Kermedy was seated. V_ P.]fU~SENTATION P_-I Ford ~an_ Fire Chief. Lakeshore Fire.pro3ection District -.R.~.ouest to allo_w_ -the District tO a$$~,e the responsibility for weed and brush abatement and provide flmdinR ~n the amount of $10.0..00 tO fund abatement cosL Mayor MoMurray announced that he would bo abstaining from this matter due to a conflict ofinterest and passed the gavel to Vice Mayor Mingori. Mayor MoMurray stepped down~ 7-16-1999 3=B6PM FROM CITY OF CLEARLAKE 99B 26B3 P. 3 CLEARLAKE CITY COUNCIL JANUARY 14, 1999 Ford D~nman, Fke Chief~ Lakeshore Fire Protection District preseated a request to allow the Fire District to assume the responsibility for weed and brush abatement with the City contributing ~nding in the amount of $10,000 to fund abatement cost. There being no questions or comments, it was the consensus of Council to direct staff to include $10,000 contribution to the Fire District in the 1999-00 preliminary budget for further consideration of this request during the budgetir~ process. p-2 Proc!~mation - National Crro,,ndhog Job Sha.do~ Day R,~uest bv.J.u, dV MeHo, ~_~k.~ Cpun~ O .ffl. ce of E~u _ca. tion for, Elected Q_~cial an.d City. Staff_to commit .time to _al._low a_ high school student tO be their .shadow .on February 2,_1999. Judy Mello, Lake County Office of Education, encouraged City staff and Council Members to participate in Groundhog Sob Shadow Day activities. Mayor McMurray proclaimed February 2, 1999 National Groundhog Job Shadow Day in Clearlak¢. P~3 Reo_ue~t_fi'om Su_.nervisor Ro.b~_ and $~pervi~or Smith to provide offi~ space at City_ Ha_l! .for Sup~rvis0rs to. be awil~!e to south ~un _ty constituents, Council Meml~crs and city st~ on aregul, arlv scheduled bgsis. Supervisor Smith requested use of office space at City Hall for he and Supervisor obe . Mayor McMurray and Vice Mayor lVlJngori directed staff'to make the Mayor's Office available to Supervisor Smith and Sup~visor Robey. VI PUBLIC II'EARiNG PH-1 Qrd.er to Show Cause w. hv single fa _rally dw, elling mobil~ home,, accessory_ s~t~ctur~s)_and carpo .rt and. three dwelling.units shoul. ~1 not be ~ndernned and removed as a Public Nvivance from Property_ Located at 14927 & 14929 Au,,stin'_. Rd and, ,3741 Hill Dr (APN 39.:274-11.1;2 & 13),, Property .Own~s: Orville All~.r..e (Continu~dfor August 27, tg.f}-g3 Mayor McMurray opened the public hearing at 7:42 P.M. The Community Development Director reviewed status of work to correct violation and advised that staff anticipates that the property owner will complete the necessary work by March. 7-16-1999 3:66PM FROM CITY OF CLEARLAKE 996 2663 p. 4 ctry cOuwcm JANU~Y 14, 1999 There being no questions or comments, it was the consensus of Council to continue the public hearing to AIffil 8, 1999. pH-2 .Resolution C.o~ing Asse.__~men_ts for th.e cost ofabatement ofvublic nuisan¢_~s_ on various property_ ! .orated in the_City of Clem'lake. The City_. _Councjt will consider and act upon any and ~1 pro.tests of the vroposegl assessments. Mayor McMurray opened tho public hearing at 7:45 P,M. The Community Development Director revioved proposed assessment in the amoum of $4,811.41 on APN 39-392-48, 3760 Pine Avenue, owned by Leonard and Audrey Sanfllipo for demolition and removal of substandard structure and reconunended that the assessment be confirmed. Mayor McMurray invited the property owner or members ofthe public to comment on the proposed, assessment. There being no questions or comments, Mayor McMurray called for a motion. ACTION: It was moved by Council Member Sancbez and seconded by Council Member Kermedy to confirm the proposed assessment in the amount of $4,811.41 on APN 39-392-48, 3760 Pine Avenue, owned by Leonard and Audrey Sar~fillipo for demolition and removal of substandard structure. The motion carried by 5-0-0 roll call vote. The Director reviewed proposed assessment in the mount of $4,854.12 on APN 40- 021-07, 14145 Division Avenue, owned by Gary and Lodta Rader for demolition and removal of substandard structure and r~eommended that the assessment be oo~firmed. Mayor McMurray invited the property owner or members ofthe public to comment on the proposed assessment. There being no questions or comments, Mayor McMurray called for a motion. ACTION: It was moved by Council Member Mingod and seconded by Council Member Sanchez to confirm the proposed assessment in the amount of $4,$54.12 on APN 40-021-07, 14145 Division Avenue, owned by Gary and Lorita Rader for demolition and removal of substandard structure. The motion carried by 5-0-0 roll call vote. ACTION: It was moved by Council Member Sanchez and seconded by Council Member Kennedy to adopt Resolution (99-01) of the City Council of thc City of Clearlake Confirming Assessment for Abatement of a Public Nuisance in Ae.~rdance 7-16-1999 3:57PM FROM CITY OF CLEARLAKE 995 2653 P. 5 7-16-1999 4:03PH FROH CITY Or CLEARLAKE 99S 26S3 P. 1 CLEARLAKE cITY COUNCIL JANUAKY 14, 1999 with Clearlake Municipal Code, Section 2-14 on property located within the City of Clearlake. The motion carded by 5-0-0 roll call vote. There being no questions or comments, Mayor McMurray closed the public hearing at 7:52 P.M PH-3 City Initiated Zo~i_ng Text Amendrpent __fRezone RZ-01-.9...g.) Mayor McMurray opened the public heating at 7:52 P.M. The Director of Community Development presented the Planning Commission's recommendation to adopt an Ordinance Amending Section 18-5.104.55, "~sory Structures on Lots Abutting Clear Lake and Cache Creek". She also presented tl~ Planning Commission's recommendation to not adopted the proposed amendments to Sections 15-3.8, 'q-Iousing Standard", 1 $-16, "Street Improvements" and 18-5.10, "Residential Housing Standards. She advised that this issue would best be addressed through the variance process on a case by case basis. Mayor McMurray invited public comment. I. Gene Schwartz questioned whether or not the hearing was properly noticed and spoke in opposition to allowing accesso~ structures on lots of record without a primary structure. The Director advised that a 1/8 page legal notic~ was published as provided for in the law. There being no further questions, Mayor. McMurray closed the public hearing at 8:05 P.M. ACTION: It was moved by Council Member Sanchcz and seconded by Council Member Kennedy to introduce an Ordinance Amending Section 18-5.104.55, "Asseoryor Structures on Lots Abutting Clear Lake and Cache Creek". The motion carded by 5-0,-0 roll call vote. Council Member Sanchez stated that he Concurred with the Planning Commission's recommendation to not amend zoning text regarding the minimum size of dwelling units. ACTION: It was moved by Council Member Kennedy and seconded by Council Member Sanchez to table City initiated zoning text regarding proposed amendments to 7-16-1999 4:04PM FROM CITY OF CLEARLAKE 99B 26B3 P. 2 CLEAR~AKE CITY COUNCIL SANUARY 14, 1~ Sections 18-3.$, "Housing Standard", 18-16, "Street Improvements" and 18-5.10, "Residential Housing Standards". The motion carried by 5-0-0 vote. PH-3 Redbud BO~.t_Launch Expansion Pr0i..ect - Review _and r_ece, ive comments_on Lakebed M _anagement Permit ,Ap~lie~ttion Mayor McMurray opened the public hearing at g: I 0 P.M. Thc Director of Community Development reviewed the proposed projoot and status of permhting. 1. Jeff Smith advised that the members of the Committee that had been reviewing the project design recommend including conduit for future additional lighting at the islands within the parking lot. He also advised that, if it becomes necessary to delete the courtesy dock, volunteers would build a courtesy dock similar to the dock at Highlands Park, 2. Frank Cammarata spoke in support of providing utilities for a motor home hook up for a Harbor Master. 3. Mr. Smith advised that some harbors obtain the services of a Harbor Master by providing a motor home hook-up and utilities with or without a nominal 4. .Mr. Cammarata spoke in support of adding a xA inch water line from the lake to the gazebo in order to provide water for tishing tournament weigh-ins. There being no further questions or COmments, Mayor McMurray closed the public heating at 8:23 P.M. ACTION: h was moved by Council Member Kennedy and seconded by Council Member Sanchez to authorize staff to submit permit application to Lake County Lakebed Management. The motion carried by 5-0-0 vote, VH COUNCIL MEMBERS_~C_ALENDAR. TRAVEL,_.A~,_D REPORTS CC-2 Council M.e..m. be~_ Committee Reports Mayor McMurray advised that he would be appointing Council Members to various Committees, Commissions and Boards at the next regular meeting. 7-16-1999 4:04PM FROM CITY OF CLEARLAKE 99B 26B3 P. 3 CLEARLAKE CITY COUNCIL JANUARY 14, 1999 He also advised that he received a memorandum from the Interim City Administrator commending Judy Thein, Account Clerk and commended her for assuming the responsibility for loan seavicing in order to reduce City costs, It was the comen.~s of Council to direct the Interim City Administrator to place a letter of commendation in Mrs. Thein's personnel file. CC-3 Reyi.'ew Temporary Political Si~un Ordirumc~fctr con_fideration ofdire~_'~n_~aff to prepare an Ord. in..an _c~_ ._Amending said regulations, It was the consensus of Council to carry this matter over to a ~ture Council Meeting. , , Mayor McMurray announced that after a brief recess, the Council would take up Staff Report item SR-7 as the first order ofbusiness. Break: Mayor McMurray recessed the meeting at $:35 P.M. The meeting was reconvened at 8:52 P.M. VIII STAFF~ .REPORTS $.R-7 SeleCtion of STIP p..rojeets The Administrative Analyst reviewed engineer's estimates and funding as follows: Phase I, Olympic Drive Rehabilitation, Resu~g and Widening Project (Burns Valley Shopping Mall to the Post Office at Madrone) Engineer's Estimate $663,820 Funding: STIP $509,820 Prop 116 $154,231 Phase II, Olympic Drive Rehabilitation, Res .urfacing and Widening Project (Madrone to Pine Street) Engineer's Estimate $571,050 Funding: STIP $300,411 Prop 116 $175,769 *OtherFunds' $ 94,870 The Administrative Analyst advised that the City Engineer was present to answer any questions the Council may have. She also advised that staff was seeking direction 7-16-1999 4:04PH FROH CITY OF CLEARLAKE 995 2653 CLEARLAKE cITy COUNCIL JANUARY 14, 1999 regarding identifying other funding sources to augment funding for Phase H or scaling back the project, It the consensus, of Council to direct staffto scale back the project to within available STIP and Prop l 16 funds_ ACTION: It was moved by Council Member Kennedy and seconded by Council Member Sanchez to authorize staff'to submit necessary documents to the Area Planning Council for progranuning of STIP funds and diverting Prop 116 funds to the Olympic Drive project. The motion carried by $-0-0 roll call vote. SR- 1 City Administrator's Report - Stams_'mformation..~.n. _ly, no action propo~_. The Interim City Administrator reported on status of financial review. He also recommended that the Council establish a committee to study universal refuse and recycling services and make recommendations to the Council. The Interim City Administrator also proposed composition of interview committee for selection of City Administrator. Mayor McMurray advised that the Economic Development Committee has b~n working on universal refuse and re, cycling services and that this matter should be referred back to the ED.C. He also advised that he would be presenting information on the selection process for City Administrator at the next regular Council meeting. SR-2 Resolution Approving an_.A~reemem between the Ci~ and B,A,S,S, Iac. tO .sponsor a B.A,S,S, Fishing ..To~ent on Clear_ Lake out of the Clearlake April I 0 - 15~ :2000, The City Administrator presented the proposed Agreement between the City and B.A.S.S. Inc. for tournament in April 2000. He recommended approval of the agreement and recommended that the Council direct staff to reduce Chamber funding in the amount of the $20,000 sponsor in the 1999-00 budget in order to fund the sponsor fee. Frank Cammazata, Chamber Manager, advised that the Chamber of Commerce entered imo the agreement right after B.A.S.S. Inc. presentation to the Council. He also advised that the Chamber had assumed the responsibil/ty for paying the sponsor fee, that the Chamber would be conducthag major fund raisers to generate funding for the sponsor fee and that the purpose of the presentation to the Council was to seek assurance that the Council would be receptive to augment funding of'thc sponsor fee if the fund raisers did not generate sufficient revenues to cover the sponsor fee. 7-16-1999 4:0BPM FROM CITY OF CLEARLAKE 99B 26B3 P.B CLEARLAKE CITY COUNCIL JANUARY 14, 1999 ACTION: It was moved by Council Member K~medy and sexonded by Council Member Malley to table agreement with B.A_S.S, Inc. The motion carried by 5-0-0 vote, SR-3__.Resolution Revising Formula for C,~culatio. n ,Of, Police Deo~xnent General Fund Maintcr~_an~e. ofEffort. Pro_oosed. r. evision incJgdes..revising the form.ula,.tO be based u?on audited actual revenues rat_]~' than pro_i.~_ ed ~estimated_r_e_¥.~-~u~. establishJn_~.~...revol__ '_ring fund for the all°ga-lion, and establishing mitigati.o.l~ measures_for implementation oftl~ pro. oose~l_ revision. The Administrative Analyst reviewed propo~xl revision to the formula for calculating the Police General Fund Maintenance of effort annual funding and recommended adoption of the revised formula. The Chief of Police concurred with the proposed revision. There being no questions or comments, Mayor McMurray called for a motion. ACTION: It was moved by Council Member Sanehez and seconded by Council Member Kennedy to adopt Resolution (99-02) of the City Council of the City of Clearlake Amending Resolution No. 97-18, "Resolution Establishing the Formula for Determining General Fund Maintenance of Effort for Police Services as R~uired Under Ordinance No ORD-56-94". The motion carried by 5-0-0 roll call vote. SR-4 Re~ol.ufiO~ __Approving Budget Adjus.Lm..ents to_the_ ~998,99 adoptodB_u _dget and ree, o~enda_tign _to schedule a Worksb. op The lmorim City Administrator reviewed th~ proposed budget adjustment reducing allocations to' various departments and re-allocation of general overhead to tho Redevelopment Agency. The Interim City Administrator r¢comrnended scheduling of a Workshop to discuss development of a budget action plan, revenue enhaneemems, and other pro-active approaches to reaching and maintaining financial stability of the City and Agency Council Member Sanehoz and Vice Mayor Mingori advised that their portion oftravel allocation could be realloeated for other expenditures. There bring no questions or comments, Mayor McMurray called for a motion. 7-16-1999 4:05PH FROH CITY OF CLEARLAKE 995 2653 CLEARLAKE CITY COUNCIL JANUARY 14, 1999 ACTION: It was moved by Council Member Sanchez and seconded by Vice Mayor Mingori to adopt Resolution (99-03) Approving Mid Year Budget Adjustment (Numbex 3) to the 1998-99 Budget, The motion carded by 5-0-0 roll call vote, ACTION: It was the consensus of Council to SChedule a Workshop for February 4, 1999, 7:00 P.M. at the City Council Chambers to discuss development ora budget action plan, revenue enhancements and other pro-active approaches to reaching and maintaining financial stability of the City and Agency. SR-5 Bill _MacDougalL Prin¢ioal.im~i $~sica C _rynes, Student. Body President - W,C, Carl_e~ School - Reque~ Ci .Dr_ allow.students tO p~cipate in a Traffic Re- s.triving Project to re-strip.croz,s wa]ks.adjacent to Burns..._Vall~and Pomo £!ement _agy..Schools and.OakHill Middle School The Administrative Analyst presented a request from Bill MacDougall, Principal and Sessica Crynes, Student Body President of Carle' High School to allow students to participate in a Traffic Restriping Project to restfipe crosswalks adjacent to Burns Valley and Pomo Elementary Schools and Oak Hill Middle School. She reviewed staff's recommended perimeters and conditions of the proposed project. The CRy Attorney recommended that worker's compen. -.~. 6on insurance be added as a condition of approval of the project. The Administrative Analyst advised that a Resolution would be required to provide worker's compensation coverage under the City's policy. It was the consensus of Council to refer this matter back to staff' for further consideration and report back to Council. SR._-6_ _Consideration of establkshj ,n..g an Advisory Committee for. m.eeting ~;t~e Mandated Solid Waste. Diver. sion _Gq~a]s The Administrative Analyst presemed a request from Lake County Public Services for appointment of 2 Council Members to an Advisory Committee for meeting State Mandated Solid Waste Diversion (}oals. The Council made inquiries as to why the proposed Committee was not being established as a Sub-Committee comprised of Members of the existing Solid Waste Task Force rather than an additional Committee with totally new Members. It was the conseasus of Council to request additional information from the County before considering appointments to the new Committee. 7-16-1999 4:06PH FROH CITY OF CLEARLAKE 99S 26S3 P. 7 CLEARLAKE CITY COUNCIL JANUARY 14, 1999 Requ~-st by Bernie l~dwards? Realtor. to lease public_fight-o_f,_~ay at 40".aod OId.ltig. hway :53 to allow his client to_meet varkine rm_uir~m.~ts Mr. Edwards advised that his client wished to purchase thc old Clear Lake Observer building on thc corner of 40~ and Old Highway 53 for a machine shop. He advised that his client could not meet the parking requirement due to constraints of the existing building and his plan to provide a fenced secured parking area at the front, fight side of the buildin$. Mr. Edwards reviewed various other bus'mess that did not meet minimum parking requirement on site and that were using public right-of-way for parking. The City Attorney recommended that the Council deny the request and refer Mr. Edwards' client to staff for application to the Planning Commission for a variance for parking. There being no questions or comments, Mayor McMurray called for a motion. ACTION: It was moved by Council Member Kermedy and seconded by vice Mayor Mingori to refer the applicant back to stafffor application to the Planning Commission for a variance for parking. The motion carried by 5-04) roll call vote. IX AGENCY STAFF REPORTS RSR-1 Auth.o_dz~__Staff to order appraisal on ~h¢ remaining portion_o_fthe Clearlake Busin_ess Park prop_erty located at .6828 Old Hi_mhwa_v 53. Clearlake and ap_orove_ ~nding for same (approximately. S2,500),, (See Redevelopment Agency Minutes) _X,,,,,,~,ONSENI' ITEMS The City Treasurer noted correction to Agenda Item C0-2 advising that the report was for November 1998 rather than October as indicated on the Agenda. vice Mayor Mingori pulled Warrant Number 30123 for separate action and announced that he would be abstaining from this Warrant due to a financial conflict of interest. There being no further questions or comments, Mayor McMurray called for a motion. ACTION: h was moved by Vice Mayor lVfingori and seconded by Council Member Sanchez to adopt Consent Items C0-1 exoept Warrant Number 30123 and C0-2 through C0-7. The motion carried by 5-0-0 roll call vote. ?-16-1999 4:06PM FROM CITY OF CLEARLAKE 99~ 26~3 P. 8 Ct-~_.~AKE CITY COUNCIL JANUARY 14, 1999 ACTION: It was moved by Council Member Sanchez and seconded by Council Member Kennedy to adopt Warrant Number 30123. The motion carried by 4-0-1 roll call vote with Vice Mayor Mingori abstaining. CONSENT ITEMS CO-1 Warrant Registers - Ratification And Approval of Warrants and Expenditures Certified by the Director of Finance as Conforming with tho Adopted Budget Pursuant to Oovernment Code $~:tion 37208. Approved and ratified. 12/09/98 Warrant Register 12/14/98 Warrant Register 12/17/98 Warrant Register 12/23/98 Warrant Register 12/29/98 Warrant Register 01/01/99 Warrant Register $ $ 162,307.51 $ 50.00 $ 57,942.19 $ 58,2O2.76 $ 29,867.97 CO-2 City Treasurer's Cash & Investment Report for October 1998. Accepted CO-3 Nfmutes of Decemb~ 10, 1998 Regular Meeting. Adopted CO-4 belinutes of December 15, 1998, 1998 Special Meeting Adopted CO-5 Minutes of December 17, 1998, 1998 Adjourned Regular Meeting. Adopted CO-6 Nfinutes of December 21, 1998, 1998 Special.Meeting. Adopted . CO-7 Ordinance (ORD-92-99) of the City Council ofthe City of Clearlake Establishing a Benefit/Reimbursement Area Known as thc Olympic Drive/Old Hwy 53 Traffic Light Area of Benefit (Benefit Area Number 1). Waived the reading and adopted XI CONS. ENT ITEMS_-REDEVE,L, OPM~NT AGENCY (Se~ Redevelopment Agency Minutes) 7-16-1999 4:07PM FROM CITY OF CLEARLAKE 995 26B3 CLEARLAKE CITY COUNCIL JANUAR.Y 14, 1999 Xll, LEGAL COUNSgL LC-I Report.from lepta. ! coun~l on leg__.al_~tl:ea~ ofthe City The City Attorney advised that there were no new legal matters for report. · XIi'1' CLOSED' SESS, ION CS-I Confer with legal counsel regarding pendin8 litigation one (1) case pursuant to GC $4956.9(a) - Allen F. Cass vs City of Clearlake, Lake County Superior Court, Case Number 34157 Mayor McMurray announced the closed session business and recessed thc mccting to closed session at 10:30 A.M. The meeting was reconvened at l 1:05 A.M. and Mayor McMurray announced that direction was given to legal counsel and that no reportable action was taken in closed session. ,XI ADJOURN~T There being no further business, Mayor McMurray adjourned the meeting at 11:05 P.M. Fort Bragg, California June 14, t999 Town Hall CITY OF FORT BRAGG ?8? 961 2882 P.07×10 The City Council of the City of Foal Bragg met in regular session on the above date at the hour of 7:00 p.m. in the Town Hall, southwest corner of N. Main and Laurel Streets (363 N. Main Street), Fort Bragg, with Mayor Michele White presiding. ROLL CALL as acknowledged by Mayor White, Present: Councilmembers Jere Melo, Vince Benedetti, Dan Gjerde, Lindy Peters, and Mayor Michele White. MAYOR'S RECOGNITIONS AND ANNOUNCEMENT.~ Mayor White read Proclamation 09-99; A Proclar~a~J~n-Commending Cob Berger on his many years of service and dedication to the youth of Fort Bragg, which was presented at a retirement dinner for Berger last Saturday evening. PUBLIC HEARING 1. Appeal by Jack Azevedo, agent for Dominic Affinit_0....(owner of the property is Thomas S Mitchell, et al.) of the Ci~ Admml~[rator S .(Co,..mmumt~ Development D~rector's} decision March 11, 1999 that a distribution center at 1031 S, Main-'$treet (AP ~018~.~0-57) was not a~ allowable use under Fort Bragg Municipal Code Chapter 18.29 COMMERCIAL LAND U$i- BY ZONING DISTRICTS ' NO~E: Mayor Pro Tempore Melo disclosed for the record that he did a site visit over fha weekend but had no personal contact with the appellant or applicant. The Agenda item Summary Report prepared for this item was reviewed with the Council by Deputy City Administrator/City Clerk Carpenter. Mayor White opened the public hearing at 7:08 7. Jack Azevedo, appellsnt, provided the Council with two blueprint size layouts of the proposed dlstribution center. He referred to Municipal Code Section 18.29.200(E)(2) noting that traffic is a site specific problcm at this location. He described the original layout of the property with the trailer park/campground and Cliff House and reported that there was a permit issued for Phase I & Phase I! in 1998. Azevedo stated that the distribution company sent a traffic driver up to look at access and turnaround at this location and it became apparent that the Phase II building, which would eliminate 11 parking spaces, would also tighten up the area and create a bottleneck. That is why them is an application for an amendment to the existing plan to move the Phase II building and add an additional building, The amendment will allow for over 60 parking spaces and will minimize traffic next to the trailer park/campground, The distribution center will distribute potato chips up and down the coast without putting a lot of pressure on the traffic pattern south of town. Azevedo felt that the concept for this zone was good when the land use types were developed 18-19 years ago but there will always be a problem with traffic since there is only one road. By leaving islands for heavy vehicular traffic without the opportunity to modify the property use creates areas of extreme congestion without the opportunity to fully utilize the land. This project will generate 1-3 delive~ trucks per week plus the two trucks that distribute along the coast and will only utilize two parking spaces. Azevedo f$1t that this would be the best use for this 1.68 acres as it is compatibre with the surrounding area but yet keeps vehicular traffic down to a minimum and relieves the parking problems. Also, with this layout there will be no more build-out of this property. He noted there is currently a glass company, foreign car repair and travel agency at this location. Following a questfon by Mayor White, Azevedo stated that the rear of the building that houses the travel agency is used by a local fish company to repair their trucks; they will continue this use. Azevedo stated, in answer to a question by Counciimember Gjerde, that he believed the Community Development Director stated thi_~ wasn't an allowed use because it wasn't listed in the table. He noted that the Summary Report lists an additional option for the Council which would allow for the project; he took City Council Minutes June 14, 1999 Page 2 CITY OF FORT BRRGG 787 961 2882 P.08/10 this as a positive response to his request/appeal even though the Community Development Director disagreed with the proposal. Discussion: Gjerde and White reviewed the March 11, 1999 memo from Murphey to Azevedo, Azevedo stated that the Community Development Director used one Section of the Municipal Code and he (Azevedo) was using another (Section 18.29,200(E)(2)), Azevedo believed the Section that addresses allowing Secondary Uses where there is a specific site problem applies due to the traffic issues if the parcel is built-out to its permitted use. White noted that Section 18.29.200(E)(1) states that Secondary Uses can only be permitted where the Primary Use serves the named uses in that district but there is no Primary Use. City Attorney Lindgren' questioned if the definition of Secondary Use has been scrutinized; this facility would make use of a majority of the property which means it doesn't constitute a Secondary Use. Aisc, former City Administrator (Community Development Director) Murphey didn't reference any Finding necessary under Section 18.29.200(E). He suggested that the Council, if they choose to reach an alternative conclusion, would need to make an additional finding and no analysis has been presented at this point to support that finding. Azevedo suggested using Murphey's definition--a Secondary Use can be allowed when there is a site-specific problem, which in this case is the traffic issue. White noted that traffic is always an issue unless an applicant is creating traffic and then they say traffic isn't an issue. Azevedo suggested the Council stick to the presehtation and Murphey's conclusion listed on Page 2 of the Summary Report. He stated they are asking Council to allow this use for the benefit of the residents as well as visitors as it will keep traffic down in this location. Mayor Pro Tempore Melo noted that there is currently a glass shop, travel agency and repair shop at this location that are all primary uses listed in the table. White disagreed stating that the glass shop and travel agency are uses that require a Use Permit, which neither has. Melo noted that Section 18.29.200 deals with Secondary Uses which he believes means that Secondary Uses might be allowed if they meet the criteria. Lindgren stated that Section 18.29,200 Criteria to be used in consideration of secondary uses would apply assuming that the proposed use is a Secondary Use. Councilmember Benedetti noted that the Use Permit requirements in this Section deal with retail uses and this is a wholesale business. White stated that there are two other uses at this site that require Use Permits which leads her to believe they weren't preferred uses either. Councitmember Peters questioned how warehouse distribution is dealt with in the County; how are they described in the County Code? He suggested including a definition in the updated General Plan. Melo believed the County uses more traditional zoning designations and not specifically Highway Visitor Commercial zoning. 2. Max Hill, Todd Point resident, stated that he is bothered somewhat by the fact that this would be in the same area where traffic will be created from the new motel. There is also the traffic from the glass shop (panel trucks carrying glass) and traffic from the trailer park and restaurant (automotive); this proposal would now bring in large trucks with trailers. This is a tight area and introducing trailer trucks will be a problem, Hill questioned how this will this work with other traffic in that area since there is only one way in and out. He also questioned if this project would require rezoning the parcel since it doesn't fit the existing zoning, 3, Murray Ross didn't believe the idea of having 60 parking spaces and two trucks per week going in and out meshed very well; he felt something was being left out, He stated that the Council needs to realize that Todd's Point and anything west of Highway 1 are the jewels of this town. Ross suggested that the City place an industrial park down Highway 20, away from the coast, so it doesn't interfere with traffic flow but still creates revenue for the City. Bob Doyle stated he was the Planning Commissioner who moved to approve Phase I of this development. The reason he moved to do that and the reason it was approved was that the Planning Commission was assured that the applicant would comply with Finding 3 of the Coastal Development Permit ("The proposed use is consistent with the intent and purpose of the zoning district in which the property is located. The HVC (Highway Visitor Service Commercial) zoning district allows commercial buildings as a principal permitted use."), What is not permitted as a 4, City Council Minutes June 14, 1999 Page 3 CITY OF FORT BRAGG ?0? 961 2802 P.09/10 principally Permitted Use or by a Use Permit is warehousing of goods which is what this distribution center would be doing. If the Council takes themselves away from the strict interpretation of the Code Doyle didn't believe it would serve well for the adjacent properties and would bring into question the uses for other Highway Visitor Commercial (HVC) areas. It isn't beneficial to the City to bend the Code to allow this use, as it would open the door for similar uses in the HVC areas. The City has the power to rezone this parcel, as well as other parcels, in order to make warehousing and distribution more readily available to the community. Discussion: Azevedo noted that Doyle brought up a point that has been supported by many people--- Fort 8ragg does not have land to rezone within the City limits for light industrial parks. This request was based on a problem with this one specific site being zoned for heavy vehicular, visitor serving use. They felt this proposal could contribute to the elimination of some of the congestion in this area; they felt this would be best for the citizens and the City. Following a question by Peters, Azevedo stated that the parking will also be for the auto repair, glass shop and travel agency. They felt this amended configuration and use is better for the property than the previous plan. He further stated that there is more than one way in and out of this parcel. Azevedo reported, in answer to another question by Peters, that the new building would be galvanized steel in the same color scheme as what is currently there. Lindgren stated that he had reviewed the Municipal Code and did not find a specific definition of Secondary Use. Section 18.29.100 is a chad of Primary and Secondary Uses in the HVC zone; the Council needs to look at this chart first. If the Council determines that the project proposed is a Secondary Use then they need to make Findings and Analysis per Section 18.29.200. Me!o stated that in his planning experience, generally a Conditional Use Permit is placed on a project to mitigate possible impacts; a Permitted Use is allowed by Ordinance. White disagreed stating that uses listed as "P" in the chart are Primary Uses and "UP" are Secondary Uses, Mayor White closed the public hearing at 7:53 p,m. Moved by Gjerde, seconded by Benedetti, to uphold the Community Development Director's decision of March 11, 1999, that a distribution center at 1031 South Main Street was not an &ilowable use under Fort Bragg Municipal Code Chapter 18.29 (Commercial land uses by zoning districts) with the following findings: '1. A distribution center is not a listed primary or secondary use in Section 18.29.100 and thereby is not compatible to any listed use in that section. 2. The proposed use is contrary to Finding 3 of CDP 4-98 which states: "The proposed use is consistent with the intent and purpose of the zoning district in which the property is located. The HVC (Highway Visitor Service Commercial) zoning district allows commercial buildings as a principal permitted use." Discussion: Melo felt that the revised plan is safer, with th~ relocation of one building and elimination of the building on the south side, as there is more room for emergency vehicle access. The two buildings in the back are remote from Highway 1 and the frontage road so he doubted they would be seen by highway visitor traffic. He agreed the business wasn't oriented to pedestrian traffic but vehicular traffic and a similar use is not found in the table. Melo further agreed with what Murphey wrote in his second finding and stated that he was not in favor of this motion, as this seems to be a reasonable application. Peters stated he didn't believe the plan created a lot of new spaces, as there were a lot of spaces there when there was a car dealership on this lot. The amended plan makes things better as far as traffic is concerned. He stated he didn't want to see an industrial area created west of the highway but the asphalt is already down in this area. There are already traffic problems there now and there will continue to be traffic problems but this development doesn't exacerbate those problems. White believed the reason behind the Code is to concentrate vehicular traffic in certain areas so that they don't move into other areas. The point of the chad is to tell what are Secondary and Primary Uses so the Planning Commission and Council don't have to make them up. White noted there is nothing comparable to this use in the chart. City Council Minutes June 14, 1999 Page 4 CITY OF FORT BRAGG ?0? 96i 2802 P.10×10 VOTE: Ayes: Counciimembers Benedetti, Gjerde, and Mayor White. Noes. Councilmembers Melo and Peters. PLAN 2. Appeal b_y GLASS BEACH PRESCHOOL & CHI_L_DCARE CENTER of the Plannin~ C_0mmisston d--cision of May 12, 1999 denying CDP 10-94/99; USP 8-~99 and vAR 2-99; Glass Beach Preschool & Childcare Cente~, Governing B_.o._ard; 930 Stewart Strc=t; Amendment to existin~l Coastal Develo. pment Permit and Use Permit to expand th,'. preschool/childcare center from 26 children with 3 instructors to 42 children and .~. ins mc'tom, Variance to reduce the required off-street 13arklne s~)ace_~ from S . . ........................ -~ ____to ? Mayor White opened the public hearing at 8:01 p.m. and immediately ~=0ntinued the item to the meeting of June 28, 1999. CONDUCT OF BUSINESS 4E. Review of t 999-2000 Mendocino Solid Waste Mana~lement Authority (MSWMA) Budget MikeSween~y, MSWMA, stated that even though there was been a steady i~crease in services the surcharge has been decreased from $5.50/ton to $5.00/ton. Following a question by Councilmember Benedetti, Sweeney stated that all other entities have approved this budget. #535 3. _Noyo River Bridge ProJect: Revocation of Coastal Commission Permit Councilmember Melo reviewed his memo of June 9, 1999, and stated that the primary issue is the safety of the citizens (seismic safety, traffic safety and emergency vehicle access), If Caltrans has to redesign the bridge there will be no assurance that they can get the new permits and there will be considerable expenditure of public funds, Discussion: Councilmember Peters didn't believe the grounds for revocation in Taylor's letter was an accurate representation of what occurred. He found it interesting that one person, or a few people, can hold up a project like this without putting up collateral. Following a comment by Mayor White regarding availability of the democratic process if collateral is required, Peters stated that them was already a process of public hearings, etc. before the approval. Councilmember Benedetti noted that the City needs to continue to deal with the Coastal Commission and Caltrans on a regular basis and expressed concern with taking sides by wdt[ng letter(s) as suggested by Melo; if letters are written they need to be very benign and not take sides. If the Council feels it's important, he agreed with sending someone to the meeting. Melo stated that it was not his intent to have the City take a position supporting one agency over the other but that they take a position that the current bridge doesn't meet seismic standards and that replacing it with a wider bridge is the best possible solution. White agreed noting that the bridge is important for a lot of other reasons besides traffic and seismic safety. Councilmember Gjerde expressed concern with objecting to the revocation proceeding as stated in Item 2 noting that the City Council wouldn't like another agency telling them not to have a public hearing to receive input. Peters reminded the Council that numerous public headngs were already held on this issue. Gjerde stated it is noted in some of the attached documents that Caltrans will have seven months to make ¢t~anges as directed by the Coastal Commission (from July when the hearing is held to March of 2000 when the project is to start). He noted that, because of reasons that have nothing to do with anything happening in Mendocino County, Caltrans didn't receive the permit in time to begin construction this summer. Aisc, Caltrans has the ability to amend their current permit once the Coastal Commission determines the facts. Gjerde suggested, if the Council makes any comments beyond wanting to see the pro~ect move forward, they consider whether or not they request the Coastal Commission either revoke the permit or allow Caltrans to amend the permit. Assistant City Attorney Lindgren informed the Council that, if they request the Coastal Commission not proceed with the hearing, they would need to state that grounds for revocation are patently frivolous and without merit. Melo noted that there were two permits that Caltrans was not able to obtain through no fault of their own because there was ne TOTAL P.10 ...... :._.5'?? 2:2~$~ CITY OF LRKEPORT AND B_9__Lt-_ (:AL_L.: PLat)Ga OF A_L_L~A~CF: FINANCE I~IRI~CTO~ Approval of Year-End Warrant Run For Flecel Year 1998/99 CHIEF: Nuisancae, Weed Abatement Resoluton No. 1997 ~rrY A ~'~%Q~NL=gj9 Revieed We;t Publi¢~ons Contract .MAYOR'S AGI~NOA: Personnel, Clasai~cetion and Compene,~tlon Study Cily Manager Po~don Resolution No. 1998 (99) Protocol Session Workshop _D~PART_ _MENT HEAD R~PORTS: Matt Black ADJ_OUR .N: ATTEST: LAKEPORT CITY COUNCIL SPECIAL MEETING JUNE 30, 1999 H0.974 P.2×11 73 Mayor Ruffcom called the special mae'dna of the Laksport City Council to order at 4:40 p,m., wfth Counal Membem Robert Rumfelt, Shirlean Claiehe, and Bill Knoll present. Council Member Parmen~er was absent The Pledge of Allegiance was led by Mayor Ruffcom. A motion Wa~ mede by Council Member Rumfelt, seconded by Council Member Clal,=he, and unanimously carried by voice vote to approve the year-end warrant mn for F'mcal Year 19geigg so that we can clo~e our book~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT DECLARING CERTAIN LOTS A NUISANCE PURSUANT TO SECTION 39560, ET SEQ. OF THE CALIFORNIA GOVERNMENT CODE. A motion was made by Council Member RumfeE seconded by Council Member Kn~ll, and unanimously ~arried by voice vote ~o Offer Resolqtion No. 1997 (99). A motion w-as made by Council Member Knoll, seconded by Council Member Rumfelt, and unanimously oaniad by voice vote to approve the executi,~n of a revised contract with West. The RFPs will go out, and we will ask that the RFPs be ratumed by August 16, 1999. Council Member Claiche reported that she metwith Council Member Parmentler. A motion was mede by Council Member Rumfelt, seconded by Coullefl Member Ctalche, and unanimously carried by voice vot~ that the City pay the expenses of Mr. Blaokman for lodging and dinner eo that he ~an make a presentation to the Council on August 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT IMPLEMENTING THE PROVISIONS OF SECTION 414(h)(2) INTERNAL REVENUE CODE BY MAKING EMPLOYEE CONTRIBUTIONS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 2061S TO THE PUBLIC EMPLOYEES RETIREMENT SYSTEM. A m~on was made by Caqncll Member Knoll, seconded by Council Member Claiche, and unanimously carded by voice vote to offer Resoful~on No. 1998 (ga). A workshop w~]l be held t~ discuss Council and mee~ng protocol Thiz will bc held at 6:00 p.m. on Monday, July 19, lagS. Se~ces will be held for Matt Blaok at 11:00 a.m. on Thursday. A memorial plaque will be placed atthe Fire Department, and itwa~ suggested that one also be placed at City Hall. Mayer RulTcorn adjourned the meeting at $;23 p,m. APPROVED: JANEL M. CHAPMAN, City Clerk MAX RUE~CORN, MaYOr .... CAL TO ORDER AND ROLL CALl PLEDGE OlF AL! EMERGENCY MATTER-~: REDEVELOFMENT AGENCy; Update 1, Warrants 2. Minutes 3. Personnel, Step Increase 4. Application No. 26-99 Public Works, Steam Cleaner Replacement 1999/2000 COLA for Exempt and Unrepresented Employees Re~olutlon No. 1996 (99) Vote on Consent Agenda 1999/2000 COLA for Exempt end Unrepresented Employees Resolution No. 199~ (99) RE$.ULAR AGENOA: Citizen'= Input Proclamation Request No. 1512 CITY OF LAKEPORT LAKEPORT CITY COUNCIL REGULAR MEETING JUNE 21, 1999 H0.974 P.3/11 Mayer Ruff'mm called the regular meeting of the Lakeport City Caund ta ardor at 7:02 p,m., with Coun~ Members Roy ParmenlJer, Robert Rumfel~ Shldeen Claiche, and Bill Knoll present. The Pledge of AJlegianoe was led by City Englne~ Stevenson. City Engineer Stevenson reported that one of our employees passed away unexpectedly and he is toques'ring hiring temporary paR-time pomona for approximately two month~. A motion made by Council Member Parmentier, seconded by Courts1 Member Knoll, and unanimou~y carrfed by voice vote to take this Item up as an emergency matter sines it aror, e after the peeling of the agenda. The meeting was acljoumed from city council and recenvened as CLMSD. A motion was made by Counal Member Parmen0er, seconded by Counal Member Clalohe. and unanimously carried by vaice vot~ to hke part. time help amounting t~ one or two people for an amount notto exceed the ~rrent salary of $3,450 per month. 'Ihs meeting was adjourned as CLMSD and reoonvened aa City Counotl. Community Director Knoll gave an update regarding redevelopment. Approval of warrants as rrsted on Warrant RegiMer dated June 21, 1999. Approval of minutes the regular Counal meeting of June 7, 1999. Approval of a Step Increase for Trisha France from Range 3e.E to Range 38-t= effeclNe July 1, 1999. Approval of an application fram the Early Lake Uan= C~ub ta operate a bootfl to sell b.er in conjun~on with the No Name Car Club's event on July 17, 1999. Authorization of a request from the City Engineer to replace the steam cleaner with a high pressure washer. This ftem was pulled for dbcussion. A motion was made by Council Member Parment~er, seconded by Council Member Knoll, and unanimously oarded by voice vote, with Council Member RumfMt al3~aining, to adopt Items 1 through 5 of the consent agenda as presented. The MaYor I~ authorized to ~ign any necessary doouments. A RESOLUTION OF THE LAKEPORT CiTY COUNCIL ESTABLISHING A COST OF UVING ADJUSTMENT FOR EXEMPT AND UNREPRESENTED EMPLOYEES FOR FISCAL YEAR 1999/2000. A motion was made by Council Member Parmantier, eeoondecl by Council Member Claiche, and unanimously carried by voice vote to offer Resolu'don No. 1996 (99) es pre, anted, There was no citizen's Input This item will be held over until the first weekend in July. Eugene and Marjorie Curl are requeelJng a variance amendment to the Publio Works recommenclaljon to relocate the driveway at 115~ Bogge Lane, Eugene Cud was preeerlt and spoke. Mr. Cuff will meet with the City Engineer t= disou~ this matter, and this item wlll be addressed at a future meeting. :.5.!999 2:14PM CITY OF LRKEPORT Minutes of the City Council Meeting of June 21, 1999 M ' ~YOR S AGENDA: H0.974 P.4×11 71 Pag~ 2 Poliee Deparl~lent Persol~rtel Employee Recogni~on Personnel, Cles~iflca~ion and Compensation Study Animal Control Contract Golf Course ~ COUNCIL MEMBER~.: Pedestrian Safety City Manager Po~don Cloild Se~ion trams FINANCE/pARK~ & RECREA~O__N Sp~.Jel Meetlng COMMUNITY DEVELOPMENT DIRECTOR Police officer Norman Taylor was recognized for his five. year annivemaly with the City of Lakeport. A second draft of an RFP for a olaedflcation and oompen~atlon ~tudy was distributed. A City Manager/Administrator w~ll be added. This will be agendized for the June 30, 1099, special meeting. Thi~ item will tabled for this ~me. The county hM been asked to prepare budgets with two elternative~. A committee con~i~ting of Council Member Parmentler, Mayer Ruffcom, Cfly Engineer Stevenson, and Park and Recreation Director Jack will meet to explore a golf ~urse. Council Member Rumfelt reported that while he was at the Town Hall Meeting som~ne expressed a concern regarding pedestrians in our City. Itwas augge~t~l that more pedestrian stings be conducted. counoll Member Claiohe sugge~d that we sponsor Kenneth Blaokman to Dome to Lekeport to give a preaen~tion regarding the role of a City Manager. A committee consi~ng of Council Member Cleiohe and Counci Member Parmentier wlll meet to plan the meeting and d'mcuss the role ora City Manager. This item will be reegendized for the special me~ng on June 30, 1999. Clo~ed session will be addressed on a ca~e by ¢a~e bar~ and could be held at 6:30 or 6:45 p,m. depending upon actfon needed. The City A~l~c)rney ~11 bring dosed sessions items to the atten~on of the Mayor and will determine when the amiens need to be held. A special meeting will be held Wednesday, June 30, 1999, at 4:30 p.m. to process the fiscal year-end warmnt~. Ordinance No. 800 (99) FI~ Readfng 1097 uniform euitdlng Codes AN ORDINANCE ADOPTING BY REFERENCE THE FOLLOWING BUILDING CODES: 1997 UNIFORM BUILDING CODE. VOLUMES 1,11, AND III AND APPENDIX THEREIN, 1997 UNIFORM HOUSING CODE, 1997 UNIFOR~I CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS. 1997 UNIFORM MECHANICAL CODE, 1997 INTERNATIONAL PLUMBING CODE AND APPENDIX THEREIN, 1997 UNIFORM SIGN CODE, 1997 UNIFORM S~qMMING POOL CODE, 1907 UNIFORM FIRE CODE, VOLUMES I AND II, 1996 NATIONAL ELECTRICAL CODE AND APPENDIX THEREIN. AND THE CALIFORNIA ENERGY CODE. A motion was made by Coun<~] Member Parmentler and seconded by Coun~ir Member Claiche to adopt the 1997 bu~ldlng codes with the deletion of the fee increase. The motion carried ~ tho following vote: AYES: Council Member Parmentier, Counal Member Rurrrfelt, Council Member Clelche, Council Member Knoll, end Mayor Ruffcom. NOES: None ABSTAINING: None ABSENT: None erl'Y ENG1NEI~R'. Resolution No. 1995 (99) Surplus Property A committee comp~ed of Council Member Parmefltier. Council Member Claiche, and Cammunity Development Director Knoll will meet to dlssu~ the fee issue end bring thi~ met~er back for the meeting of July 6. 1999. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AUTHORIZING SALE OF PROPER'I'Y NOT REQUIRED FOR PUBLIC USE. A motion wa~ ma~e ~ Council Member Rurnfe. Jt, ascended by Council Member Knoll, and uflanimout, ly CalTied by wie. e vote to offer Re~olufion 1995 (99) a~ presented. .... _~.s. !999 2:iSPM Minutes of the C~y Council Meeting Equipment Purchase, Public Works Traffic EnginNdng Services for the Highway 29/Lakeport Boulevard/ Parallel Drive lnterseclion Improvements Engineering Services for the Water Facir~y Replacem ent/'mmansion ProJect CITY OF LAKEPORT H0.974 P.5/11 of June 21, 1999 Page 3 A motion waa made by Council Member Knoll, seconded by Council Member Parmentler, and unanimour4y canied by voi~e vote to allow the City Engineer to purchase a dump truck from the County of Lake not to exceed A motion was made by Counct Member Rumfelt, seconded by Council Member Parmentier, and unanimously carried by voice vote that (1) W-TRANe be retained to provide the sewices oulllned in the propeaal dated 6/4/88; (2) that the ae~es be funded from the $35,350 (plua interest) previously authorized; and (3) that the Mayor be autholized to execute the agreement for the ae.~lce~ oll behalf of the City IlOt to exceed A motion was made by Council Member ParmenlJer, seconded by Counm'l Member Rumfelt, and unanimously carded by voice vote to approve Amendment No. 2. Water Facility Replacement/ Expansion Project $ol~d Wa=ts Ad Hoc Committee We~t~ide Community Park .CITY AI'I'ORNEY: City Hall Second Street Door~ DEPARTMENT HF.~ps: Painting Police Department CLMSD Site League of Claes Meeting Field end 3/ream Magazine Employee Picnic ADJOURN: A motion was made by Council Member Rumfelt, seconded by Council Member Knoll, and u11animously ca,ad by voice vote to authorize the format for change orders set forth in the C'~y Engineers memo of June 21, 1999. City Engineer Stevenson reported that he met with Council Member Knoll and cr=cu~ed the formula~on of a committee. The commlttee will be comprised of Council Member Knoll, Council Member Rumfelt, City Engineer Stevenson, Eleanor RoQenbeum, B~]i Brunetti, Joe Butcher, Lance Butcher, and City Attorney Brookes. Joe Butcher was present, The committee will meet and report back to the Council. City Engineer Stevenson met with Park Chairman Cherlle Jolin to clbcuaa the prlo~es for the parle Charlle Jolln reported that there is a consensus that ~e committee tx)neult with an engineerfng firm for plane. He elsa gave an update on what ~11 need to be donL There is approximately $16,000 in the Park clec~cation fund that ne~e to be used. City Attomey Brookes suggested we make the second s13'eet doors more ecceea~e by making them prover doors. The Finance Director reported that these there am two medel~ available end he |a awaiting bi~. This item will be brought back m the June 30, lggg, meeting. Finance Director Jack reported that he has obtained bids for painting of extedor of City Hail. Three bids have been received A ligl~t lunch vail be served at the Police Department dedication on June 28 at 12:15 p.m. City Engineer Stevenson reported that he ha~ a me~llg set up with e grape grower who expressed an inter~t in the CLMSD site. Counc~ Member Claiche reported that she w~ll be attending the meeting of the Redwood Empil'e Division of the League of Callfomla Cities In Fortune. Fire Chief Moorhead reported that the last F/eld end St/earn magazine included an e~cle on /lshing in Clearlake. Counm] Member Rumfelt reported that he v~ll have a filer prepared for the Employee Picnic. At 9:21 Mayor Ruffcorn adjourned the meeting to June 30, 1999, at 4:30 p.m. A3TEST: APPROVED: JANEt. M. CHAPMAN, City Clerk MAX RUFFCORN, Mayor ; ...... 5. :.5~5' ~'. :.5~''~ CITY OF LAKEPORT CALL TO QRDI~R ~'~/O_IR,~) LL CALL: PLEDGE OE.AL~EG[&NCt=: EMERGENCY MA'I~_ ER_~_~: REDEVEI~q PMENT AGE~: U~date Ordinance No. 799 (gg) Second Reading CONSENT AG. ENDA; 1. Warrants 2. Minut~ 3. Park & Recreation Commission 4, Application No, 25-99 $. Personnel, Step Increase 6, R~sol~on No, 1992 (99) ApproprialJans Limit Vote on Conserlt AgeT~da ~EGULAR AGENDA: C~.en's Input Addendum to Application No. 12-99 from the Chamber of Commerce Request No. 15'11 I~IAYOR'S_Ae~NI~: Pubgfc Works Personnel Employee Recognition Walt Ba~J~olf, 30 Ycam H0.974 P.6/11 LAKEPORT CITY COUNCIL REGULAR MEETING JUNE 7, 1999 Mayor Ruffcorn called the regular me~ng of the Lakepolt City Council to order at 7:03 p. rn,, with Council Members Roy Parmentier, Robert Rumfelt, Shifleen Claiche, and B~ Knoll present. The Pledge of Allegiance wa~ led. by Council Member Knoll. There were no emergency matters. 67 Community Dlreclor Knoll reported that the ordinance would be pubr~hed in the local newspaper, and it will become effective 30 day~ thereafter. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT, CAUFORNIA, APPROVING AND ADOPTING THE REDEVELOPMENT PLAN FOR THE LAKEPORT REDEVELOPMENT PROJECT. A motion was made by Council Member Rumfelt~ seconded by Council Member Knoll, and Ul~anfmo~sly carde~l by voice vote with Counol~ Member Parmentler abstaining, to waive the reading and approve Ordinance No. 799 (ga), an Orditlance of the City of Lakeport approving and ado~ng the Redevelopment Plan for the Lakeport Redevelopment Project area. Approval of warrant~ as I~sted on Warrant Register dated June 7, 1999. Approval of minutes the regular Council mee~ng of May 17, 1999, and the epeclal City Coundl meeting of May20, lggg. Reappointment of Carol Kesey to the Park and Recreatfon commir~en. Approval of an applicatlon fram the KalseyvBe Lioness Club f~ use the Gazebo in l. Jbrary Park on Sunday, July ~ 8, lggg, to facilitate the No Name Car Club's *Poker Run' event; distrib~ng cards, providing snacks to participants, etc. ADproval of' a step increase for Robert ^. Pace, from Range 31-B to Range 31.C, effective January I, 1999. A RESOLUTION ESTABLISHING THE FISCAL YEAR 1999-2000 APPROPRIATIONS LIMIT FOR THE CITY OF LAKEPORT. A motion was made by Council Merrtber Knoll, seconds<:l by Council Member Parrnentfer, and unanimously carried by voice vote to adopt tlle c~nse~t agenda of 6 il~m~ as presented, The Mayor Is authorized to sign any necessary documents. Ten? Eastman spoke re~rding the Konocti Harbor Inns signs, yard sale signs on uf~T~y polls, and other various signs that go against the sign ordinance. Paul ~treunig spoke in support of Kono~ Harbor, Inn and the reienue they bring into our County. The Chamber is requesting ciosfng the Library Ps~ dock system for safety reasons during the July4 fireworks di~pr~y, Diana Hendrfckwas hem from the Chamber to discuss thi~ i~sue. Gan/ Barber suggested thst the numbe~ of the tooling docks be reduced. A motion ~ macle by Counc~ Member Rumfelt, seconded by Couna'l Member Parmenlter, and ~narlimously ~arried by voice vote to close ~e Library Park dock system to pedestrians for the July 4, Iggg. feslJvil~es from 6:30 p.m. un~l after the fireworks. The Parma Department wfll enforce this. This applical~on was withdrawn. Walt Bartholf was recognized for his 30 yearn of service to the City of Lakeport. Minutes of the CEy Council Mee~ng of June 7, 1999 C~a~fion and ~mpen~on Th~ ~em ~ ~ held o~rto ~e n~ r~ular m~ng. --H0.974----1=.?×11~ _ Page 2 A:~imal Control Contract California Integrated Waste Management Board FINANCE/P ,ARK~ & RECREATION DIRECTOR Mark Lockhart and Pat Jarrard we~ present to discuss the increased ¢~t o1 animal shelter ael~loe~ due to new leglsl~on_ This item will be reagendb~d for action atthe next regular me~ng. A dbemion committee met last week. At that meeting, s letter was presented from the California I~tegrated Waste Management Board. An ad hoc committee made up of Council persons, business representatives, ¢i~zens, and staff will be formulated to addrea~ e work plan for achieving compliance. Park and RecrealJon Commission Westside Park _COMMUNITY DEVE, L,OP. ME. NT_ D~R,'CTOR Charlie Jolin, Chairman of the We~de Recrsation~l Committee, was preaentto discu~ the progress of the pad( project. There are engineering servtces that need to be completed. City Engineer Stevenson will meet with Commun~ Development Director Knoll and Chadie Jolin to t~y to develop some op~Jons for the engineeflng services, 1997-1998 Uniform Buflding Codes Nuisance Abatement Resolution No. 1993 (99i Minor Exception Application Weekend i~nforcement CLMSD Keithly/Mennlng House and E~uiidings Community Development Directo¢ ceported that the model Budding Codes go into effect July I, 1999. Dave Meek from the Lake County Cantrectors Association re~luasted that the A~oc~on meet with the_City to ~ieou~s 13oesible ohange~ in f_e~. A ~omm~ee composed of Community Development uirector Knoll and Council Members Pamlentier and Claiohe will meet to dbcuss this issue. A motion was made by Council Member Rurnfelt, seconded by Council Member Knoll, and unanimously canied by voice vote to approve the expenditure of funds for the purchase of two sets of the Uniform Budding Code and associated codes. A moron was made by Council Member Parmenlier, seconded by Council Member Cl$1che, and unanimously carried by voice vote to direct staff to begin the abatement process under the dangerous bulldln9 code. A RESOLUTION ESTABUSHING A FEE FOR MINOR EXCEPTION APPLICATION SERVICES PERFORMED BY THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING COMMISSION AND REVISION OF RESOLUTION NO. 1831 (89). A made by Council Member Knoll, seconded by Council Member Rumfelt, and unanimouely carried by voice vote that the City Counc~ approve Resolu~on No. 1993 (99) e~ablishing a $$0.00 fee for the processing of minor exce~on applications in accordance with Chapter 17.25 of the Lakeport zoning Ordinance. A motion was made by Councrl Member Rumfelt and seconded by Council Member Parmentler that the staff of the Community Development Department be allowed to perform weekend abatement on a periodic basis at the ¢~cretion of the Community Development Director. The moloch carried with the following vote: AYE: Council Member Parmentier, Council Member Rumfert, Council Member Knoll, and Mayor Ruffcom NO: Council Member Claiche ABSTAINING: None ABSENT: None The meeting was adjoumecl aa City Council and reconvene~ as CLMSD. A motion was made by Council Member ParmenlJar, seconded by Council Member Ramfelt, aniJ unalfimouely carded by voi~e vote that the sale prices ad p~rchaelng pa~e~ be as shown and that the Chairman be authorized to execute · sales agreement with each of the pumhasem. A motion was made by Council Member Knoll, seconded by Council Member Rumfelt, and unanimously carded by voice veto to authorize the remainder of the buitd~ng.~ to go out to bid. The meeting was adjourned from CLMSD and reconvened as City ..... ~S.~999 2:16PM CITY OF LAKEPORT Minutee of the City Council Meeting of June 7, 1999 CITY ENGINEER: Resol~on No. 1991 (99) Disadvantaged Business Enterprise Program Reeolutfon No. I~94 (99) Barber Parcel Map POMCE CHIEF: Telephone System DEPARTNIENT HEAO~; H0.974 P.B×ll 69 Page 3 A RESOLUTION ADOPTING A DISADVANTAGED BUSINESS ENTERPRISE PROGRAM AND FISCAL YEAR 1999-2000 GOALS FOR DISADVANTAGED BUSINESS ENTERPRISES (DBE). A motion was made by Counal Member Parmentler, eeconded by Council Member Knoll, ~d unanimously carried by ¥oice vote to adol3t Rmolutlon No. 1991 (99) as presented. A RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF LAKEPORT APPROVING THE PARCEL MAP DESIGNATED AS THI~ BARBER PARCEL MAP AND ACCEPTING THE EASEMENTS OFFERED FOR DEDICATION SHOWN THEREON. A mol~on was made by Council Member Rumfe~ seconded by CouncE Me~ber Claiche, and unanimously carried by voice vote t~ Offer R~olution No. 1994 to accept the offer of dodecagon. A moron was made by Council Member P~rmenlJer, seconded Dy council Member Clajohe. and unanimously carried by voice vote to award a ¢ontra~ to Nor. Ca Telecom In the amount of $7,263.82 as presented. New Police Building Local Govemmen~ Funding Fire DeDartment Golf Course ~ADJOURN; Po~c~ Chief Engstrom said everything is on track to move in on June 26 and 27. There w'll be a dedication on Monday, June 28. Chief Eng~trom would like to name the building after Eric Ingalls. Finance Director Jack repo~ted that the California Legislature i~ entertaining refunding local government Each Council member was asked to make Phone call s in support of this movenlent RrB Chief Moorhead repormd that tlle call volume has kept a steady pace the last couple of weeks. There have been more medical calls. Mayor Ruffcom rer~erl;ed that he has set up a mee~ng with Or. Browning to discuss options for development a golf c~urse. Mayor Ruffcorn adjourned the meeting at ~:31 p.m. ATTEST: APPROVED: ~I~N~EL M. CHAPMAN, City Clerk MAX RUFFCORN,-'Ma~or 28 CITY OF LAKEPORT N0.974 P.9×11 CALL TO_ORDEI~: ROLL CAL~L: PRESENTATION.'. ~0LUTI. ON_No, 1969_ ~8). ,' RESIn? OF MINLrI'ES LAI/EPORT CITY COUNCIL STATUTORY MEETING DECEMBER 8, 1998 Mayor Parmentier called the $~amtory meeting to order at 6:03 p.m,, with Co,-eil Members; Howard Van Lento, Bill I~oI1, Max Ruffcora, and Robert Rumfelt present Mayor Parmentier presented a phque to City Council Member Howard "Bud" Van Lente in appreciation of his service to the City of Lakepon. County Supervisor Kaxan Mackey presented a proclamation from the Board of Supervisors commending Council Member Van Lente for service and experience working with the County on many projects and for bis sen, ice on the Lake County/City Area Planning Council a~cl expressed the appreciation of the Board of Supervisors for his community service. City Council Member~, Depariment Heads and the City Attorney commended and thanked Bud for his valuable input and cxpefience serving the City during the past 16 years, both as a Plannin8 Commissioner and as a City Council member, actively participating on a grea£ number of committees arut commissions, l! was noted that Council Member Van Lente always came to the meetings prepared. Hc 'did his homework," and encouraged others to do so as well. Staff felt his decisions, sometimes very difficult ones, were based on the lood of the community as a whole, and that he focused on the "bill picture" when making decisions. A resolution of the City Council of the City of Lakeport, reciting the fac~s of the G~neral Municipal Election held in said City of Lakepor:. on the Sr~ day of November 1998, declaring the resulu thereof and such other matters as are provided by law. Council Member Ruffcom offered the resolution for adoption. A motion was made by Council Member Rtunfelt, seconded by Council Member Ruffcom and carried by ~he foll0wi~g polled vote to adopt Resolution No. 19~59 (98): NOP_~: ABSENT; A~$TAINING: Council Members Rumfclt, Ruffcom, Van Lente, Knoll, and Mayor Parmcn~er None None None A motion was made by Council Member Rm~felt, seconded by Council Member Ruffcom, and carried unan/mously by voice vote to accept the canva~ of election results (Statement of Votes) from the County of Lake, Elections Department, (submittal as Exhibit A to Resolution No. 1969 .... ' 5. ;.99? Z: :.6oM CITY OF LAKEPORT City ¢ounc~ Minums of December N0.974 P. iO/ii OATH OF OFFICE TO: _ _~PPOINTM~.NT OF_ _I~_.YOR Appointments/~ents: The Oath of Office was administered to new Council Member Shh'leen Claiche and reelected Council Member Bill Knoll by Deputy City Clerk Barbara Sarao. Supervisor Karan Mackey, on behalf of the Board of Supervisors, welcomed Council Member Claiche, and congratulated Council Member K~oI1 on his reelection to the City Council. A motion was made by Council Member Rumfek, second~ by Council Member Knoll and carried unanimously by voice vote ~o norninat~ Max l~.uffcom as Mayor for the 1999 year. A motion was made by Council Member Rumfek, seconded by Council M~mbcr Claiche and carried unanimously by voice vote to nominate Bill Knoll as Mayor Pro Tern for the I999 year. A motion was made by Council Member Parmender, seconded by Council Member Rumfclt, and carried unanimously by voice vote to close the nominations and to accept Max Ruffcorn for Mayor, and Bill Knoll for Mayor Pro Tern for the next year. Thc Council discussed r~tative City Council Commissioner a~si~.n~nts, subject to final approval by the Mayor. Assignments as a result ~f tonight's discussion and fitrr, her revision by the Mayor are as follows: Legal, Personnel & Risk Mgmt.: Bob Rumfelt lrtre Department: Police Department: Public Works Department: Parks Department: lrmance Department Community Development Department: Max Ruffcorn Max guffcorn Bob Rumfelt Bill Knoll Max Ruffcorn Roy Parmentier Bill Knoll Bob Rtt~elt Roy Parmenfier Roy Parmeatier Shirleen Claiche Shirlcen Claiche Shirle~n Claiche Lake County/City Area Planniag Council: County of Lake Solid Waste M.~agement Task Force: Lake Co. Vehicle Abatement Corem_ ission Bob Rumfclt Bill K.uoll Bill I~oll Bill K~oll & Max Ruffcom, AI~-'nales Shirle~ Claiche, Alternate Shirleen Claiche, Alternate 29 Pa~e 2 J'--.~5.~.999 3:17PM CITY OF 3O Ci~ Council Mi~uu= of December 8, 1998 LAKEPORT 50.974 P.11/11 Parc $ Mayor Ruffcom adjourned the m~c~ at 6:38 p.m. ATT~T: RA.R.BARA L. SARAO, Deputy City Clerk APPROVED: These ~r~ summary Minutes of a spechl meefi~ of the I. akclmrt City Council. A r~orded rape of ~h¢ meeting is available e! the Cit7 Clerk's Office at Lakcpon City Hall, 2/5 lhrk Street, I, aY, gpo~ California for & period of 30 darts after thc ~prov=l of ~ miming. CITY OF WILLITS ?0745915G2 P.02×04 Will~s C~y Courml 111 East Commercial Street Willits, California 7:00 p.m. Wednesday June 23, 1999 A regular ~ng of Willits City Council was called to order by Mayor McEntire at the above time and place. The meeting was preceded by the pledge to the flag, Present: Council members Karen Oslund, Tim Stnmske, Terry Harvey, and Mayor Denny McE~re Absent: Council member Bruce Burton. Also present were staff members- City Manager Gordon Logan, Assistant to the City Manager Marilyn Davis, Fiscal Officer Pat Frost, Police CRYain Jerry Gonzaiez, City Engineer Tom Herman, Public Works Director David Madrigal, Utilities Director I. any Moran, Community Development Director Mike Mullen, and City Attorney Ross Walker. PROC_LAMA TION. WESTERN Ha=4R DA YS . JUNE 27. JULY fO. f__e,~,_~. The Proclamation designating Western Wear days was read by Mayor McEntire and presented to Richard White, President of Frontier Days and Kathleen Goss. Public Communications- The public communication guidelines were noled by Mayor McEntire. CONSENT_CALeNDAR A. City Council minutes of June 9, 1999 and June 14, 1999. B. Applic, aion for Alcoholic Beverage Ucense - Gribaido's 20-20. C. Reaolu#on 99.20 authorizing Frontier Days parade route on July 4, 1999, and authorizing decoration of P. G. & E. poles. D. Reaolution 99.2I authorizing banner across Main Street at Wood Sheet for Home Town Health Fair. E. Payment of warrants #87753-87851, $191,473.86. Motion Harvey2nd Stranske and unanimous to approve Consent Calendar, Items A - E. Burton. ACTION TAKEN Approved Recek, ed Approved Approved Approved Al~nt & Police Chief- no reporL City Manager Logan noted that Jerry Gonzalez has been promoted to Police Captain effective July 5, 1999, and Logan is advertising for a new police ohief. B. City Planner Mike Mullen advised that the third workshop on the Downtown Plan is scheduled for June 25-26th, the Bicycle/Pedestrian Plan is being readied for public review. C. CityAttomey Rosa Walker indicated that the Gray/Kelly litigation against the City had been dism~. D. City Engineer Tom Herman advised that an encroachment permit application had been submitted to Caltrans for the Main Street water main project. E. Public Works Director David Madrigal indicated that a group of young people has been assigned to public works for a four week period by the County Court school system. They will be performing maintenance tasks, cleaning out tree wells, painting curbs, etc. Also, an Eagle Scout from Troop 88 will be painting curbs as a community projecL F. I~dl'dies Director Larry Moran provided an upclate on the water dapa~t emergency generator project and the sewer cogenerabn project. 7:25 p.m.. Council adjourned to sit as the Planning Commission and Community Development Agency. 7:35 p.m. - Council reconvened. R~ht ~o Appeal- The guidelines were noted by Mayor McEntim. .-_-L~-LS~ L5:~5 CITY OF DILLITS 7074591562 P.03/04 RESOLUTION 99.22. ADOPTING ~99~__~00 FISCAL Y;:4R R~]D~.~'T. C~ Manager Logan recommen~ adoption of the final buret which reflects por~/and tund~ decisions made by the Council and its finance commit~through t~dgetdev, elopmer~,pra:ess. ~ Harvey/2nd Strand una~a~usml~ca~ ~ ~,~ _ ~t _~,_~n, ,to~.Resolution 99-22 ado~ng the ]999..2000 C~.of Wi#its final budget, RESOL ~ION g9.2:] ..APPROVING 1999.200f MOU WITH .WPO_a . MoCm Slranske/2nd Harvey and unanimous, absent-Burton, to adopt Resolution 99-23 approving and ~ng execution of the 1999-2001 Memorandum of Understanding between the City of Willits and the Willits Police Officers' Association. RESOLUTION 99.24. APPROVING f999.200f. MOU WITH I.B.E.W. . ~ Oslund/2ndStranske and unanimous, absent. Burton, to adopt Resolution 99-23 approving and authorizing execution of the 1999-2001 Memorandum of Understanding between the City of Willits and I.B.E.W., Local Union 1245. APPROVAL OF REVOLVING LOAN FUND TO..HSLLrrs HARDWA_~'_ I,U~ . City Attorney Ross Walker reviewed an application from Willits Hard,mm Company for a i°an in amount of $150,000 for a two year period to provide additional funding for their purchase of the Coast to ~ Store in Willits. Walker also revi~ the extensive business experience of the applicant and discussed the business plan, loan terms and security, It m noted that City staff had been assisted by Amie Uello of Bank of Willits, who provided the service at no cost to the City, in analyzing the proposal. It was noted that no oheck will be written until each condition of the loan has been satisfied. Bill Jack, current owner of Coast to Coast, and loan applicant Don Mitchell discussed the proposal and answered questions. Motion Hawey/2nd Oslund and unanimous, absent-Burton, to authorize a loan to Willits Hadware Inc. for up to $150,000 upon verification of secudty in the form of real property and execution of notes and Deeds of Trust securing same, and to authorize the City Manager and City Attorney to execute ail necessary documents. ACCEPTING R~'VOL VING LO_AN PRO~_RAM SUPPORT FRI2~f PA- .NK OF WIll IT£. City Manager Logan advised that, after working with the Bank of VVillits to jointly review and process the Revolving Loan application for Willits Hardware, Inc., he had appmeched Richard Willoughby, President of the Bank, to see if they would be willing to provide this service to the City on a continuing basis, and if so, what the estimat~ cost of this service would be. AEer discussing the matter with their Board of Directors, Willoughby advised logan that the Bank would be willing to provide this service to the City at no cost. Motion Harvey/2nd Oslund ~ unanimous, absent-Burton, to direct the Mayor and staff to formally correspond with the Bank of Willits expressing the Council's very deepest appreciation for its support to the Revolving Loan Program, and commending Mr. Willoughby and Mr. Mello for their continuing commitment to the community we all serve. Other Reports. ~ Action City Manager Logan - 1) passed out a copy of a memorandum from ~bly woman Virginia Stron~Martin entitled "1999-2000 Budget Update: What's in it for Local Govem~. 2) noted funeral services for Cloverdale's Mayor is scheduled for June 29th at 10:00 a.m. 3) noted that staff had received Jeny Ward's application for a long hail transfer station, 4) noted that the Shemeod Band of Pomo Indians may be submitting an application for se#~ and water services for ~een or 20 new housing units if their purchase of the Dave Newion property on Highway 20 is applied. 5) on the Willits b~pfm project, Caltrans has indicated that the K and K-2 a~mal~ rout~ have been dropl~ from further consider~on. 6) pas~ out a ~ of the job announcement for ~hief of Police". CITY OF WILLIT$ 70745915G2 P.04/04 7) noted the annual League of California Cities meeting will be held on October 10-12 in San Jose. City Council & Committee Report~ MCOG. MTA . MSWMA-JPA - EDFC- MESA - League of California CiSe~- No reports. REV/T. ED. Council member Harvey advised the Facade Grant application for $1,500 in CDA funds for the church parking lot on Main and Commercial Streets ~as denied by Revit-ED, but will be funded by other items in the CD^ budget for landscaping improvements. They discussed tree replacement, undergrounding; and new playground equipment, for Snider Park. They also reviewed the new Bicycle/Pedestrian Plan and the new Downtown Plan. Caltrans is reviewing the Revit-ED proposed directional sign encroachment permit. Council member Reports and Recommendations. None. ~ & Welfar~ Council member Stranske reported on the progress being made by Mike Martinez, who was seriously injured in a motorw=le a~x~ident, and thanked the ~ommunity for ils support. Bill Jack advised thai the School Board recently approved their 1999-2000 budge[ Jack also noted that recent State legislation providing funding for schools is so restricted thai it is difficult use it for local needs. In addition, they have begun the planning process to allocate the local school bond funds that were approved ai a recent election, 8:30 p.m.- Motion Harveyl2nd Stranske and unanimous, absent-Burton, to adjoum. ..... ~nny.~-ntirei-~or.,, Frances Schatz, City Clerk TOTAL P.04 SENT BY: %26-89 ; l:52PM ; CITY OF ARCATA~ 7074636204;# 2 CITY OF ARCATA CITY COUNCIL MEETING COUNCIL CHAMBERS 736 F STREET, A'RCATA JUNE 16, 1999 WEDNESDAY, 7:00 P.M. MINUTES Mayor Omelas convened a meeting of the Arcata City Council at 7:1o p.m. PRESENT: Hanan, Noble, Ornelas, Stewart, Test. ABSENT: None. STAFF PRESENT: City Manager Breskin, Community Development Director Curtis, Public Works Director Greenwood, Finance Director Luzzi. Mayor Ornelas suspended the meeting of the Arcata City Council at 7:10 p.m. in order to conduct the business of the Arcata Community Redevelopment Agency. Mayor Omelas returned to the business of the Arcata City Council at 7:15 p.m. following the conclusion of the business ofthe Arcata Community Development Agency. CEREMONIAL MATTE,~. Proclamation Endorsing the Humboldt Botanical Garden. B. Proclamation Honoring the Week of the Oyster and the Ninth Annual Oyster Festival. CONSENT CALENDAR. B. C. D. E. G. Minutes: City Council Meetiag of June 2, 1999. B~-Weddy Report on General Warrants Issued. Award of Bid in the Amount of $8991.00 to Advance Security Systems for a Security Camera System for the Transit Center. Approval of Aigreement Between the City of Arcata and the International Union of Operating Engineer~, Local No. 3. Approval of Resolution no. 990-08 Establishing Supplemental Compensation and Benefits for Management Employees in the Competitive Se~ice for Fiscal Year 1999-2000. Approval of Resolution Nos. 990-04, 990-0S, 990-06 and 99007, Amending Class and Pay Resolutions- for Various Groups of City Employees. Agreement to Extend Contract for Supply of Municipal Water. Resolution Revising Designating Public Property on Which Skateboards are Prohibited. Request to Approve Submittal of Non-Industrial Timber Management Plan to the California Department of Forestry and Fire Protection. Proclamation Urging Ending the NATO Bombing in Kosovo. Councilmember Test requested the r~ov~ oe Item H. Councilmember Ornelas requested the removal o£Item I. SENT BY: 7-26-99 ; l:53PM ; CITY OF ARCATA-, 7074636204;~ 3 .ON MOTION BY TEST, SECONDED BY HANAN AND BY UNANIMOUS VOICE VOTE THE COUNCIL APPROVED THE CONSENT CALENDAR WITH ITEMS H AND ). REMOV~J). AYES: HANAN, NOBLE, ORNtK2~, STEWART, TEST. NOIiS:: NONE. ABSENT: NONE. ABSTENTIONS: NONE. REMOVED FROM CONSENT CALENDAR ITEMS. H. Resolution Revising Designatina Public Property on Which Skateboards are Prohibited. Coundlmember Test requested that f~ther discussion be held on the skateboard issue. Mayor Ornelas opened the Rem to public conunent. Jody Hansen, Arc. am Chamb~ of Commerce, read a s~tement of input from the Board of Directors of the Areata Chamber of Comme~ce. Mayor Omelss closed the public comment portion of this item. Council discussion: Counciimember Test indicated that he did not want to see the Plar~ turned into another skateboard park. He suggested that the item be carried over for thirty days to receive further input bom the community and the police depamnent before a formal action by the Council. City Manaser Breskin sussested thai the item be carried over to the July 21 ~t City Council meeting Council consensus was to carry' this item over to the July 21 ~ Council meeting. J. Proclamation Urging Ending the NATO Bombing in Kosovo. Mayor Omelas and Councilmembcr Hanan requested that this item be placed on the agenda. They had examined an initial statement but felt that ohangin~ conditions might warrant a review. Mayor Omelas invited Dsvid Meserve to discuss the 'proposed proclamation/resolution in light of the changing conditions. David Meserve, Arcata, reviewed tentative changes to the resolution. He requested that the document be reviewed by the public and .the Council. He further addressed potential objections ~o the resolution. Mayor Omdas opened the item to further public comment. Roland Y artzot~ Arcata; ~ Eckert, ArcaO.; Paul Lucey, Bayside; Heather Rossen, Arcata; Jackie Hogan, Trinidad; loLee Launer, Arcata; Betsy Roberts, Arcata; Erica Kraf~ Arcata;' Michael Stowell, Arcata; Tesquela Raincatchcr, Arcata; and Larry Levine, Aroata, all expressed opinions with regard to the proposed proclamation/resolution. David Meserve, requested that the resolution/proclamation be discussed by the Core,cji and community at a later community m tin . 2 SENT BY: 7-26-99 ; l:54PM ; CITY OF ARCATA~ 7074636204;# 4 Mayor.Omelas opened the item to public discussion. Councilmember Noble made a motion that the item be tabled. The motioa died for lack of a second. Councilmemher .Hanan supported the idea of a larger community discussion and was supportive of bring, ins the United States government to a reckoning of beht8 receptive of the tenets of Constitutional and International Law. Councilmember Test deCried a resolution which implied that the United States and NATO were involved in war crimes. Councilmember Test was also not supportive of portrayals ofthe 'US military as being cOmprised of thugs and criminals. He indicated that the United Nations had lacked courage in other areas of the world such as Rwanda. Councilmember Stewart voiced her lack of suppon for the resolution. Too little had been done early on in the conflict. She supported the idea of UN mediators to deal with genocidal situations. Mayor ~ indicated his support of the statement. Councilmember Noble indicated that resolutions such as the one under consideration are not reit'rant to City business and that the proper course Would be to work through our federal representatives. Mayor Omelas proposed that he would open the doors to City Hall on June 2 I' for further discussion of the iron. NEW BUSINESS, A. Considering of Resolutions Adopting the City Budget for Fiscal Year. 1999,1~' Establishing Various Fees, Service Charges and Taxes; and ApproVing a Loan. from the City the Areata Community Development Agency. Finan~ Director Luzzi r~ported ~ the annual budget for the City of Arcata for the fiscal year ~ July I, 1999, as present~ by the City Managzr, in study sessions held on May 24, June I and 3, 1999 has been reviewed, m~died and revised by the City. Council. The following resolutions are,required in order to adopt the 1999-2000 Budget for tl~ City of Arcata and to approve the annual loan to the Arcata Community Devdopment Agem'y, Resolution 990-01: Adopt th~ anaual budget for the fiscal .year ~nning luly 1, 1'999, including associated budg~ and fiscal policies. Resolution 990-02: Establish various fees, service charges and taxes within the.City of Arcata for Resolution 990-03: Approve the annual loan from tile' City.Of.Arc, am.~o ,the .are, am Commutity Development Agency in the amount of'$2,11,3.48. .SENT BY: 7-26-90 ; l:55PM ; CITY OF ARCATA-~ 7074636204;# With the adoption of the annual budget, the City Council recognizes the appropriations for several operating activities and c~pital budgets are based upon estim~es of municipal needs for the fiscal year. Exhibit II identifies several polities which axe inteaded to provide the authority necessary for the City Manager to administer the budget during the course of thc fiscal year in light of varying conditions which may occur. These .resolutions establish the framework for all City activities for the fiscal year 1999-200. It is recommended that the City Coundl: Adogt Resolutions 990-01,990-02, and 990-03. Mayor Omelas opened the item ~o public comment. Michael Machi, Arcata, expressed his concerns over the process in the adoption of the annual budget. Activity 73/Solid Waste Recycling: referencing account numbers 664-73-170.331, 664-73-170.332, 664-73-170.33.3 and 664-73-170.33,4 he asked the Council to direct staff to account for thc changes from the 199g costs and the 1999-2000 budgeted amounts; he also wanted clarification on the interest expense charged on a deficit cash balance related on table 7, page 2, from 3~3-99 on the June l It~ memo on recycling/solid waste referencin8 account number 664-73-621.00.0; he wanted to know what the City would be doing to prevent such deficits in the future and requested a review of the status of the revisions in the recycling program. Carl Pellatz, Arcata, expressed his concerns over aspects of Activity 73. He expressed his concerns over the impeuding loan from the Water Fund to the Arcata Community Recycling Center stating that ACRC is failing in controlling a deficit situation. He asked why information was not forthcoming to Council and staff regarding the deficit situation. He also asked why the Citizens of Arcata are paying mor~ for recycling than other' communities in our region. With regard to the loan he expressed concerns that ACRC is not operating well by requiring a loan, who is going to pay for it. He also addressed concerns over the legality with regard to Proposition 21 Ii of the impending loan from the Water Fund to ACRC. What would be done by the City to see that the deficit situation never occur again and pointed out the financial danger of such a large loan to a budget the size of the City of Arc, am's. Mr. Pellatz proposed that the Counc'd consult with the City Attorney and see if this item can be withdrawn from the .adoption of the 1999-2000 budget until an in-depth examination of the recycling program is completed', immediate suspension of the curbside program; suggested that the recycling program be reviewed by a cross-section of the community and asked that the needs of the community be put before the needs of a nonprofit corporation. City Manager Rreskin .wanted to clarify that the loa~ from the Water Fund had nothing to do with roes/cling but. entirely with Solid Waste. He further stated.in a dialogue with Mayor omelas that loans between funds is standing o~ procedure with full concurrence by the City Attorney. Cotmc~bex l-Ianan asked staff to explain why the collection of recyclables had gone down and the prying costs have gOne up and in general how the budgeted numbers are arrived at without the new program b~ing in place. Director Luzzi explained that budget amounts had been overstated in 1998.99 based on informa~on that was narrow in scope. As .the program had been up and running for awhile more accurate projections 4 SENT BY: 7-26-99 ; l:56PM ; CITY OF ARCATA~ 7074636204;~ 6 were able to have been made for the 1999-2000 budget. In this discussion Director Luzzi pointed out the significant short-haul savings resulting from the transfer station being located in Arcata. Councilmember Hanan asked for clarifi~on on when information was available on the deficit. Director Luzzi Stated tha~ R had been brought to her attantion in November or December while working on the figures from the mid-year budget adjustments and then it was brought to the attention of the working ~roup. Councilmem~ Stewart indicated that the Council was stunned at the deficit number and had &~mmed that the shorthaul savings would cover the number. She stated that curbside recycling has turned out to be an expensive pro~am. In response to a query by Councilmember Hanan it was pointed out that at this time the Council simply , approves an option for staff to bring b~w~k to the Council for formal consideration. Council could make mid-year budget adjustments to reflect any program changes made by the Council. Councilmember Stewart indicated that an increase in the amount of expenditur~ forwarded to ACRC and Arcata Garbage would be unacceptable. City staff and the working group wouM be having a meeting with Arcata Garbage Company where options would be discussed towards improvin8 the existing program without even changing the contract to hopefully see a way to increase curbsid¢ tonnage. Docs Council continue to have the curb.side program by enhancing it or not going with it? She suggesteg that with a deficit, rate increases might be possible or the program may have to be dramatically altered. She pointed out that other cities, such as Fortuna, do not collect the variety of recyclables that Areata does. ~ Councilmember Hanan asked staff' to describe the interest expense attached to the solid waste fund. This discussion turned into a broader discussion on the nature of the solid waste fund and the ~teps being taken to reduce the deficit. Again,. it 'was pointed out that shorthaul ~avings would be a significant contributor towards reducing the total deficit, Councilmember 14xuan ~tated that the customers need to Pay the actual costs and wanted tO sec the cost increase occur immediately. Mayor Ornelas described the split that ocon'red in the Solid Waste Task Force over the co~t of curb~de. He indicated that he leR the group because of disagr~ent~ over the true c,o~ts 'of. the. ~o~m. He agreed with Councilmember Hanan tha~ the community needs to pay the true costs of ~nsmnption. He agreed with Mr. Pellatz that cutbside should be stopped immediately. Counoilmember Stewart stated that a proposal could be retmn~ to the Council at the next meeting with some direction as to where the program could be headed. She threw out. some possibilities such as mandato~ collection.. : Mayor' Omelas also .suggested that mandatory recycling, may be considered in the program, Cou.scilmeznbcr Noble expressed concern over the l~.y~.'ck on the deficit, CRy Manal~r Bresldp provided a'bfief synopsis of the.mechanism to .pay back tl~ def~t' to the Solid W~t~. ~'and'. ~r LuzZi pointed out'ihat'other City funds arebeing used to pay..~he operatin8 c~' ut~tltc Sorsd W~ Fund.. " 5 SENT BY: 7-26-99 ; 1:577M ; CITY OF ARCATA~ 7074636204;# 7 Councilmember Hanan said that increases mu~t be considered in the future to meet the truo costs. Councilmember Stewart pointed out that a number of options existed for payment of the deficit be~ides through the medium of the Water Fund---it is not the e~xdusive option. She pointed out that Council willing to return to the next Council meeting with chanses reflective of the meeting with Arc, ata Gad~age Company. Coun0ilmember Hanan suggested that the budget be passed in its entirety with the option to amend certain items at'a later Council meedng. In a diseus~on with Councilmember Noble, ,City Manager Breskin urged the course suggcst~xi by Councilmember Hanan. Counvilmember Test urged passing of the budget intact (no omission of Activity ~) for fear of breach of contract. He commented on the loan from the Water Fund to the Solid Wasto Fund as not being a problem. Program changes would, by necessity, occur later duc to contractual and pt~blic notice requirements. Colmcilmember Hanan su88ested thai Activity 73 oould be r~-vi~ later in July. Mayor Omelas commented on the concern of Mr. Pellatz over adequate public notice. City Manager Bresldn provided an analysis of the law regarding the budget and public notice. Couneilmember Hanan said that in the future public hearinss shoUld be included in the process. From concerns by Councilmember Noble over the requirements of Proposition 218 City Manager Breskin indicated that a review from tho City Attorney would be made. ON MOTION BY HANAN, SECONDED BY NOBLE AND BY UNANiMOUS VOICE VOTE THE COUNCIL ADOPTED RESOLUTIONS 990-01, 990~02, AND 990~03; DELETED ITEMS 664-73- 622.00.0 AND 664-73-622.01.0 TIME AND CONSENTED TO REVIEW THESE ITEMS ALONG WITH THE FEES BEING CHARGED, PROGRAM CHANGES AND THE OVERALL COST OF THE PROGRAM SOMETIME IN JULY. COUNCiL_MEMBERS STEWART, TEST AND CITY STAFF WOULD DECIDE WHICH MEETING IN/ULY TO CONDUCT THIS .REVIEW. AYES: HANAN, NOBLE, ORNELAS, STEWART, TEST. NOES:: NONE. ABSENT: NONE. ABSTENTIONS: NONE. Mayor Omelas recessed the Council at 9:44 p.m. Mayor Ornelas reconvened the Council meeting at 9:54 p.m. !~ Presentation Regarding Process for Discontinusnce of Park 'Use and Sale of the Old Community Center Property. Community Developmcnt Director Cu~is reported that the property is located at 14~ and D streets and e~tends on a long, narrow strip to 94 Street. Director Curtis went on to review the steps in the process. SENT BY: 7-26-99 ; l:58PM ; CITY OF ARCATA~ 7074636204;# The first grould be to obtain an appraisal of the property. The second would be to adopt a resolution by the Council of the public interest or convenience for discontinuance or abandonment of the park and statin~ Council's intent to submit the question of discontinuance to the electornte, The next step would be to conduct a public hearin~ to hear any protest over discontimtance. At that hearing the Cout~il would need to adopt a resolution overruling any protest by a four-filth's majority and then you could set the date for an election and transmit it to the election of Fw~ of the county and request that the election be consolidated either with thc primary election in March of 2000 or the Seneral election in November of 2000. The next step would be the vote. This would require a majority vote. The next, if there is a majority vote irt favor of discontinuance, the Council would need to adopt a second ordinance deelarin8 that the use of the land for the park is discontinued and nbandoned. After that the Council ~tld determine the process for finding or selectin8 a buyer. Council would also, at that point, need to consider whether or not to ~nnend the General Plan and the zoning and determine the appropriate uses for the property and, finally, selection of a buyer and sale of the property. The staff report indieat~ the amount of time it might take for the process is estimated at 52 weeks if' you are to decide with the ele~'tion in March of 2000 or nbout 87 w~eks if you were to decide on election in November 2000. Mayor O.melas opened the public input portion ofthis item. No one addressed the Council. Councilmember Test sugge,vted that this item be sent back to the Parks and Recreation Committee to elicit a recommendation as to which section of the park should be sold in this process and for them to recommend in which election the matter should be brought to the voters. Council consensus was to follow the reconuncndation of referral of this item to the Parks and Recreation Committee for their input. C. Consideration of Traffic Control Modifications for South ~H" Street at Highway 2.~ (Samoa Boulevard). Public Works Director Greenwood reported that the California Department of Transportation is currently desisning traffic sisnal upgrades for Route 255 (Samoa Boulevard) at the G Street and H Street intersectiOns. A while back they came to the City and requested input regarding whether or not we had any su88estlons of ways to reduce tumin8 movements at the H Stre~ intersection to help improve the efficiency of the intersection. Also, during the last few years, Public Works has received input from various residents regarding ways to develop traffic control measures to reduce speedS, of vehicles on south H'$treet as well as ways to reduce the mt-through tmttic. These concerns were primarily 'addressed by the residents alon8 that street,. The street is primarily residential except for the Fourth Street Market right at the imersection of H and Samoa. There are a few businesses down on the w~terly side o£ the street closer towards the intersection of H and G streets. The proposed traffic control modifications were presented to the Transportation Safety Committee, and I will put the overhend up and explaip. The Pmpo~...that was pr.e~ented to CalTrar~s and the Transportation Safety Cotmnittee was here de~be, d wi~ ~ aid' oft~t'ov~. ~ead projector. He also described other optionS available for this azea. His 'reoonm~et~d~soa was ~r Council to take comments from the public this evening and take that into consideration, I would not r~xmnmend crearing another tailk, force. The impacts and the probl~._ms with this street are not the mast.~,rious problmms in town. ~¢e have much more serious problems to deal ,~ ..~.,,: ~,". ~.,..r SENT BY: 7-26-99 ; 2:00PM ; CITY OF ARCATA~ 7074636204;# 9 with and we would like to keep the cost and whatever impacts we do the most reasonable there. One thing to point out is that there are going to be funds available for some T-Grant money in the next few months to submit an application again for the Gateway Type Project which the City applied for afr, v years ago. The application would include a proposal to landscape thc median on Samoa between the 101 interchange and K Street. Staff is proposing to reapply for these funds. Most of those funds last time around went to Etlreka's downtowll beautification project and we would like to get some input fi'om Council whether you would like us to proceed with that again and do that. If we put in that application we 'would likely have to tnaintain the landscaping. I am not sure that CalTrans is interested in installing and maintaining that. They have other priority projects for their funds. Mayor Ornelas opened this item to public comment. Rick Webb, Arcata; Mike Dal Porto, Arcata; Emma Smith, Arcata.;/ames Bonnet, Arcata; Louise Holmes, Arcata; Chris Warren, Arcata; Mike MUlderig, Arcata; addressed the Council on the issue. Councihnember Stewart was divided on the idea of a half cul-de-sac or speed bumps and suggested that the item be referred back to the Transportation Safety Committee. She said that thc thread of' comment suggested that the Council not act at this time. Councihnember Hanan would not support the one-way option leaning towards the speed bumps. Councilraember Test did not support cul-de-sacing. Some calls to him favored the one-way option. Signage is an option. Speed bumps or tables need to be explored. He suggested that turning G and H Streets back to two-way streets may be an option. Councilmember Noble was not in favor of any action at this time and wanted the issue brought back to the Transportation Safety Committee for further review. Council consensus was to support modifications only if supported in a major way by the neighborhood. T-Grant options would be brought back to the next meeting for consideration by the Council. Jim Graham, representing CalTrans, reported that landscape projects provided through local funding would 1~ maintained by the City ORAL COMMUNICATIONS. Jan Lundberg, Arcata, spoke on issues relating to pavement and alternative transportation Betsy Roberts, Arcata, praised our police force and presented a plaque. Tesquela Raincatcher, Arcata, addressed the Council on ACAT. Ruth Boyle, Aroata, informed the COuncil of'a media confea'ence. BY: 7-26-99 ; 2'01P~t ; CITY OF ARCATA~ 7074636204;#10 COUNCIL AND STAFF REIN)RTS. Coundlmember Test reported on his meeti_'~g with the Waste Management Authority. Counc~ Stewart said she would be speaking st Clean Power Day in San Frandsoo. coUnCilmember Hanan would be speaking at the Santa Cruz A~on Network, 'She ~id ~he would be WOrking to create sOme policy for the Alternatives to Pe~cidcs to be brought before the Council at the ~ond rt~ting in July. · Coun~lrnetuber Noble mended 'the AEDC meeting where proposals for a trainin8 center were di~J~d... He attend~ ~'RRF. DC ~ where a n~t director f~ll~w'.up with a Io~ bu~e~n~ on' the 8katet~oard~s code ·. ~l~ite iti thi~ end,rot. C0hnc~r Noble cofl~onted on t~ d~ei~ion to ~llow City~Ploy~x~ "' th~ d~y off for Martin Luth,r Ki~ Day and ti~ r~on~ behind ~at r~osnition. City ~1~ ltr,sl~in ~pok, briefly on the~ budget and proposal8 tI~t 'would positively ~ local ,'4X . ,~ '~~.. .. '. .. ' Regular Scheduled Session City of:Cloverdale- Council Chambers City Council Minutes - November 19, 1998 Time: 6:30 p,m. Place: City Council Chambers, 124 NCloverdale Blvd., Cloverdale CA 95425 Date Posted: Pursuant to. Government Code § 54954;2, the agenda for this meeting was properly posted on November 13, 1998 Pledge of Allegiance: Christopher Dinno Roll Call: Cou~cilmember D~ble, KinSey, Chase, .Sink and Mayor Jehn. Other present: City ManagerPe~ault,/(CM carol Giovanattol CDD Joe Heckel, City Engineer John Wanger, Assistant City Engineer'Reynolds, P°liCe~hief DaileY and City Clerk Winterbottom Agenda RevieW: city Manager B°b Perrault requested Council add item to accept pOrtions of Public improvement for Clover Springs as an urgency item as this item has come up after the agenda was posted and needs to be acted upon before the next scheduled meeting a~ NB-Il city Attorney ClOsed session reg~ding anticipated Litigation G.C: section(B) 54956.9, MaYor Jehn requested items regarding discussion of NCRA and Investors Committee Tourism to the Council Reports. Request to move the Community Development Agency agenda after the Presentation. Councilmember Kinsey motioned to approve the amended agenda, seconded by Councilmember Chase Roll Call: Councilmembers Doble, Kinsey, Chase, Sink and Mayor Jehn Oral Comments: Mr. Screechfield, second street would like an update regarding stored water of the Water Agency. He discussed his concerns regarding the Water Agency and stored water - Mendicino Lake. He would like an update regarding the water agency. Status of City's application for appropriate of water height through Sonoma County Water Agency - Update from staff regarding the potential use of Dry Creek for an alternative water source. He asked if the City Manager had done further work with the application. City Manager stated that there has been some work and some discussion with the Water Agency. If Council would like an update on that part of the issue, he requested the opportunity to gather the information and return during the next meeting. Mr. Screechfield noted that the City does not have the ability to pump stored water from Lake Mendicino. He noted that the City pumped stored water released and not allowed without an application for specifically pumping stored water. The other issues is the he talked to Randy Poole and the possibility of securing water out of Dry Creek for future water supply. City Manager noted that this is an issue discussed at staff level. If this is related to the Eel River and water is not available out of the Eel River, the City will have to find an alternative water source, this has been discussed regarding the use of Sonoma Lake. There has been no details outlined regarding cost or what my be involved. Mr. Screechfield noted that the agency will pump water 100 feet out and the water would then be available through Dry Creek. Item to return December 17, 1998. Jim Romain, 403 N Washington expressed his concerns regarding conditions of Washington, Jefferson streets. He requested that Council consider providing money for repairs of those streets in the north side of town, during their next budget considerations. He felt that that section of town has been ignored and the City will need to look at that section of the City. City Manager stated that those discussions are included within the Capital Budget and asked Mr. Romain to schedule a meeting with the City Engineer to see where on the program those streets is listed. He suggested that Council will prioritize these projects during the budget discussions. Consent Calendar: These items are considered non-controversial and will be acted upon in one motion unless removed from the Consent Calendar for discussion by Councilmembers or any interested party. a) Approval of Minutes for regular September 23, 1998 b) Approval of minutes for special session of October 14, 1998 c) Approval of Payable and Payroll for month of September 1998 d) Approval of Payable and Payroll for month of October 1998 e) Award of Tank Removal project for Airport (82-98) Background: Per State requirements, the underground tanks at the airport must be removed by December 22, 1998. In order to comply with these requirements, staff has informally bid the project. According to the Public Contract Code, Bids were received and it is now appropriate to award the contract. Recommendation: Award the contract to Cai Inc., for $66,092.47 for the removal of the tanks at the Airport f) Retention of consultant to Assist in preparing Environmental Analysis for Clover Spring Expansion (83-98) Background: Staff is proposing the retention of the firm Impact Sciences to assist in the preparation of an environmental assessment for the proposed 55 acre expansion of the Clover Springs Project. Recommendation: Staff recommends that the City Council approve the resolution to authorize the Mayor to sign and execute an agreement with Impact Sciences for assisting in the preparation of an environmental assessment on the Clover Spring Expansion Project. Councilmember Kinsey motioned to approve the Consent Calendar, seconded by Councilmember Sink Items: (a through e): Roll Call: Councilmembers Doble, Kinsey, Chase, Sink and Mayor Jehn (items a-e) (5-o) Item: (f) Roll Call: Councilmembers Doble, Kinsey, Chase, and Councilmember Sink, Mayor Jehn abstained from the item (f) (4-0-1) Consent Calendar Approved Resolution 82-98 and 83-98 Adopted Presentation: a) Update from Water Agency Staff on the Potter Valley Dam issue and the Watershed Council Background: Mr. Mark Lawler, Deputy Chief of the Sonoma County Water Agency, and Mr. Brian Smith a Civil Engineer for the Agency, will be available to update the Council on the Potter Valley Dam Issue and the activities of the recently formed Russian River Water Shed Council. (No Staff Report) City Manager noted that Mr. Lawler was not able to come and Mr. Smith will discuss the issues. Brian Smith, Civil Engineer SCWA, presented and read his report for Council. He noted that PG&E, Sonoma County Water Agency and the Round Valley Indian Tribes have submitted proposed changes to the current Potter Valley Project operating license. The complete report is included in the minute record for reference. City Engineer Wanger questioned if the curtailment number for future demands were for the entire middle and not particular to Cloverdale. Mr. Smith concurred. He noted there is a risk ifdewatering Mendicino Lake and the entire Russian River to Healdsburg could dry out under future demand and sedimentation. The report lists demand curtailments. Councilmember Chase questioned raising the dam at Lake Sonoma and how that would effect the water storage issues. Mr. Smith noted that it would allow more water for storage and reserve. This would also reduce the risk of dewatering lake Mendocino. Mendocino County Commission is interested in pursuing that and the Corp of Engineers has decided to complete.a City Council Minute~ November 19, 1998 Page I feasibility study regarding that issue. Councilmember Chase asked who would construct the raising of the Dam. Mr. Smith noted that he believed it would be the Corp of Engineers. Councilmember Sink clarified that 159 acre per year is the annual storage per year and he was not sure what the City used. City Engineer Wanger stated that the City uses on the average of 1 million gallons per day. Councilmember Sink wanted the future demand estimates and its sources. Mr. Smith stated that the demand estimates were developed when the Russian River model was built by the agency about 10 years ago, and the way the demands were derived. Most came directly from the State water control board. Cloverdale was looked at as an entity with records. City Manager stated that the indications are based on the General Plan. City Engineer stated that from Randy and Jim had noted that it was based on the General Plan at which the source is maximum of 17,000. Councilmember Doble questioned the filtration and if there has been any thought to processing. Mr. Smith stated that he had heard that it was not possible, but did not have the information as to why. Mr. Smith noted that the Round Valley Indian Tribe did not consider the impact of the Russian River and took those historical numbers. This proposal dried Lake Pillsbury in 1977. This was discussed to FERC. There continues to be submittals to FERC and he is not sure what FERC is doing with all the information. They are assuming the EIR is moving along, however, a week ago there was another submittal. Further analysis were done on PG&E proposal and they will need to respond to that proposal. Mayor Jehn questioned if there was an update Watershed Council and how that group will play in the process. Will they carry influence with the Federal Agency. Mr. Smith stated that he was not involved and hopes locals will be able to participate in the process. Mayor Jehn stated that he hoped the locals in the region would play a major role in the decisions and that is the City's concern. The Mayor was concerned the local agencies' concerns would not be taken into consideration. Mr. Smith stated that he hoped they would. Information Given Recess to Community Development Agency: 7:30 p.m. Reconvene to Regular Session: 7:30 p.m. Council - Committee Reports: a) Report from City/Fire District Sub-Committee Councilmember Chase stated that the committee discussed the status of the La Franc Fire Truck. Jim Kneisler will draft an agreement regarding the ownership of the Fire Truck to be presented to Council on December 17. Members also discussed the transition of the Fire Chief and the need to make the transition smooth regarding development issues, as Jack Rosevear will be leaving on December 22. Coastland engineering has indicated they would take over the duties in the interim. It was determined the Fire District will keep the inspection on tract and the City may perform the inspections during the interim. It was also determined that a representative needs to attend the Nuisance abatement hearing, PRC etc. Discussion of purchasing the Citrus Fair was held and needs a representative to attend PRC meetings. The Fire District sub-committee was in attendance with School District members. Councilmember Kinsey stated that with the transition of the Chief, the subcommittee made an offer to the Fire District that we would take over the responsibility of inspections we are qualified to complete in order to help in the transition. The Fire District seemed open to the idea. b) Report from City/School Sub-Committee Councilmember Sink stated that discussions were held regarding the Police Officers in the school and coordinate with school, finding out differences in what the officer is doing in Washington and CHS schools. Pursue the DARE Program, further train the officer. The other item was the discussion of locked gates at school when the school is suppose to be allowing community use because of lack of parks and agreement with City. Councilmember Kinsey was concerned with the locking of the gates at Washington School. He stated that previous discussions to share parkland facility resulted in a cooperative agreement, and the school needs to keep the gates open for the public. c) Report from EDC Committee Councilmembers Sink and Chase informed Council that new plants were planted in the Plaza. Councilmember Sink stated that during the meeting they talked of involving the EDC and the Downtown Merchant and Downtown Committee to design the Downtown area. d) NCRA (added through agenda review)Mayor Jehn gave an overview of the meeting held in Eureka. It looked at railways contracted to open freight transportation will continue. Have secured ICTEA funding for 8 million and FEMA audit was complete as of today those monies will be forth coming. e) Investors Committee - Tourist program County (added through agenda review) Mayor Jehn stated that he was appointed to the committee with Riley and Cale, This committee will begin the implementation for the new process of TOT monies for promotion in the County. The next meeting will review the recommendation from staff from an application they received from the tourism committee and what types of ads to use to promote the County an get an update on the transition. Trying to get together so that all won't compete for the same dollars and he is optimistic this will work. He will report back during the next meeting. 0 Discussion and Direction regarding measures "B" and "C" relating to Traffic Improvement that was on the recent election ballot. Background: Mayor Jehn is the City's representative to the Sonoma County Transportation Authority (SCTA) and has requested this item be placed on the Agenda for Council discussion. As the Council is aware, measures "B" and "C" appeared on the ballot of the November 3rd election. Measure "B", which outlined a series of improvements to be completed to assist with Traffic Congestion, passed Measure "C" that would have provided the funding mechanism to complete these improvements failed. On Monday during the SCTA's discussion on the matter, Supervisor Cale suggested the issue be reformatted for the June 1999 election. Mayor Jehn has requested the Council provide direction on this suggestion. Recommendation: Discuss the status of Measures "B" and "C", and provide the Council with direction. City Manager noted that these measures were on the ballot. Measure "B" was approved, which included the improvements that need to be constructed, where measure "C" that financed the construction was defeated. Supervisor Cale put forward a proposal to place another measure to bring to the electoral in June. This would be a proposal to fund $436 million in road improvements. The difference is that the ballot m'easures would be combined to a single measure that would require 2/3rd vote to be implemented. The cost for the election is expected to run between $350,000 and $400, 000 due to special election in an off election year. Supervisor Cale has expressed an interest in having the cities participate to some extent for funding the election. The list of improvements of the plan were presented to the Council. Today a fax was received form the Transportation authority which shows options of funding. Provide direction to the mayor on how to proceed Councilmember Kinsey noted that this is the third time this issues has come up and that the voters have spoken and he does not approve of the spending of funds. Councilmember Doble stated that the feedback was due to the money was not specified and the voters needed to trust the officials to spend the money on transportation and the voters do not trust them to spend the money for transportation. Councilmembers discussed and concurred that the committee should look at other funding options; Council did not approve of holding a special election in June, spending $400,000. Mayor Jehn felt that all SCTA needed to explore other funding options. g) Report on the meeting held with representatives of the Citrus Fair to discuss further facility needs. City Council Minutes November 19, 1998 Page 2 Background: On November 17, 1998, Vice Mayor Chase and City Manger Perrault will be meeting with representatives of other entities within the community and Citrus Fair representative to discuss further facility needs. The Council had previously requested a report on the meeting. ( No Staff report will be provided) Recommendation: Entertain the report and provide direction accordingly. Councilmember Chase reported on the meeting held with representative of the Citrus Fair. There were three organizations which included the City, School and Fire District. The School would like to pass a bond on the ballot and are interested in the property. The Fire District is about 2 years away from building, and they only want about 2 acres in the front of the parcel. The City is about 5 years from Building. City Manager stated that the School district and Fire District are looking to move quicker. Formally this issue has not been discussed at the Council level. Once the space analysis is complete and decisions are made, then the Council will need to look at the long term needs. At that time the city will need to look at parcels available. At this time, the City is not in any position to enter into direct negotiations. It is something we need to keep involved for general interest. Citrus Fair is open and see if there was interested in taking all or part of the property. Within the next 30 days the analysis will return It will take about 5 years to determine what the future needs are, receive financing etc. The Citrus Fair is a private party and Councilmember Sink questioned why the City was involved with a non-profit agency. He said that before we discuss further, costs need to be determined. He felt that staff should not be involved in the process. Councilmembers Doble felt that the City should stay involved in the process. City Manager Perrault noted that he was not prepared to furnish that information and would need to check and return with report. Councilmember Doble noted that the City needs to be careful and stay involved, as this is an opportunity to investigate potential possibility. Councilmembers discussed the issue further Written Information: Report given Public Hearing: Councilmember Kinsey stepped down due to conflict of interest, as he now resides within the 300 feet limitation (PH-I) Consideration of Applications for Annexation, Prezoning to Single Family Residential (R-l) and Subdivision Map for the Westside Development Project. Background: The Planning Commission has forwarded a recommendation of approval for the Westside Development Project, a 44.6 acre property proposed to be subdivided into 137 lots, for single family residential and 2.5 acres of public parkland. The City Council will be considering the October 2, 1998 recommendation on the Annexation, Rezoning and Subdivision Map for the Westside Development Project. (Boehm) Recommendation: Approve Resolution supporting the negative declaration, Annexation and Subdivision Map and a Prezoning Ordinance of the Westside Development Project. Community Development Director Heckel presented the report with the recommendation of the Planning Commission. They forwarded a recommendation for approval of the project. He showed the development plan of the property which includes the development of Foothill, widening Franklin and Healdsburg Ave. The creek will remain as open space. The Planning Commission developed conditions: extension of stub street to the subsequent property for purpose of enhancing the circulation. The other issue was dedication of parkland Public Hearing Opened: 8:25 p.m. Mr. Raggo, Boehm's representative, informed the Council regarding changes to the development. He explained that the lots were originally 4,000 sq. fi and now lots are 6,000 and above; 6-8 lots were deleted from the slide area which allowed deeper lots out of the slide area. Riparian area has identified constraints. The park issue raised no problem and agree to staff recommendation of the Planning Commission and that is the alternative to lot 97 and relation of lot 95 would like to pay fees in lieu of dedication. Mr. Raggo recommended creating the park within the riparian area, which would have a tot-lot, volleyball, lawn and picnic area and take advantage of the existing Oak trees. Would like the option of paying the fees rather than donating the land. He noted that the park reflects the General Plan proposal. He noted that the Catholic Church is requesting access to the property. He stated that this is for future development of that property and access through lot 13. Attorney Ed Wilson discussed the issue with the access to the Church and paying their fair share for the access. He proposed that the stub be put in, require the applicant and the church work out an arrangement for the compensation. If the property is developed, the developer reimburse the Boehms for their expenses. Mr. Wilson discussed his concerns with the dedication of the parkland. He also requested the Boehms be allowed to pay the fees rather than dedicate the land. Councilmembers discussed the cost of lots and stub streets. Planning Commissioner Jim Romain gave background regarding the project. He noted that he was not involved with the tentative map, however the Planning Commission approved the design with a split vote (3-2). He stated that the General Plan designated the park area. He recommended Council not consider the Catholic Church to pay for access as no other development has had to pay for access. He pointed stubbed streets that butted up to the Boehm property and they have not paid. Need to provide the stub for future development just as other development have provided. Patrick Paquette, Catholic Church stated that Father Bob was unable to be present, however, he and the Bishop expressed that the Church is not in the position t_o pay for the access. He explained that the church did come forward late in the project, however the stub was needed for future circulation, if the property were developed. He did note that the Church has submitted letters from 1997. He noted that the church was not sure if the church would be selling in the future but has been approached by developer. The church is open to future uses. He requested that if Council recommended payment, which a payment timeline be set up to allow payments. Ed Wilson, Attorney for Boehm's expressed his opposition to the street stub and felt that the Boehms will be donating a lot to something that may never happen and requires the developer to give lots to benefit other priority. He felt that it was similar to requiring oversize sewer and inverse condemnation. He requested Council approve the reimbursement to the Boehms from the church at the time a development is proposed. Councilmember Sink questioned the street stub and if approved by the city engineer. Mayor Jehn requested that driveways on Foothill be avoided. Mr. Heckel stated that the Planning Commissioner discussed the issue and the General Plan discourages, however, with the configure it be6ame apparent that some - flag lots would need to exit on Foothill. Councilmember Sink noted a problem with in-lieu fees, less parks. Public wants more park for quality of life. Stub issues was a difficult one, and stated that developers have never had to reimburse another developer for street stub access. City Attorney Wilson commended Mr. Boehm for efforts and working with the City staff. He stated that it was not appropriate for the City for force neighbor developers and landowners to pay and they would need to deal with the property owner on their own. Closed: 8:53 p.m. Council discussed the issue and was supportive of the Planning Commission recommendations. Councilmember Sink motioned and read resolution 84-98 as amended by title only, seconded by Councilmember Doble Roll Call: Councilmembers Doble, Chase, Sink and Mayor Jehn Abstain: Councilmember Kinsey Resolution 84-98 adopted City Council Minutes Now-tuber 19, 1998 Page Councilmember Sink motioned and read ordinance 584-98 by title only, seconded by Councilmember Doble Roll Call: Councilmembers. Doble, Chase, Sink and Mayor Jehn Abstain: Councilmember Kinsey Ordinance 533-98 approved for Ist reading Directed to return for 2nd reading and adoption Councilmember Kinsey returned to the dais Council Recess: 9:05 p.m. Reconvene: 9:15 p.m. New Business: (NB-l) Acceptance of Portions of the Public Improvements associated with the Clover Springs Phase I Development This item was added as an urgency items through the agenda review process. John Wanger gave brief report Improvements have now been completed and it is incumbent upon the Council to approve this item Councilmember Kinsey motioned and read resolution 85-98 by title only, seconded by Councilmember Doble Roll Call: Councilmembers Doble, Kinsey, Chase, Sink and Mayor Jehn John Wanger presented the report. He noted that the Commazzi property was paved and the City is now able to accept Public Streets. He noted that he would like Hot Springs Road closed to public use as soon as possible to alleviate City liability and Council will need to accept portions of Hot Springs road. It is not anticipated that staff will recommend acceptance of the remaining street improvements until ali homes have been constructed within Phase I. Because we are only accepting portions of the improvements at this time, staff is recommending that a one-year maintenance period not begin until all of the improvement are completed and accepted. Staff is also recommending that Council allow the City Engineer the ability to reduce the surety posted with the development by a level commensurate with the improvements which are being accepted, no more than 50% of the posted bond amounts. Councilmember Kinsey motioned and read resolution 85-98 by title only, seconded by Councilmember Doble. Roll Call: Councilmembers Doble, Kinsey, Chase, Sink and Mayor Jehn Resolution 85-98 adopted (NB-l) Receipt of the Election Official Certificate of Facts and the Request to Schedule the item for a meeting to consider the appointment of person to fill the position of Treasurer or the holding of an Election as provided in California Election Code Section 10229 Background: August 12, 1998 was the last day to file nomination for the Municipal Election. At the closing of the filing period, no incumbents had filed for the open Treasurer position. Provision 10229 of the Election Code outlines a procedure that permits the legislative body to consider the option of appointing an applicant to that position or holding a special election. Recommendation: Consider the options and direct staff accordingly City Clerk presented a brief report for Council. It was determined that Council would approve the certificate of facts and return for the appointment or require an election during the next scheduled meeting. Councilmember Sink motioned to approve the Certificate of Facts and the Result to schedule the item for a meeting to consider the appointment of person to fill the position of Treasurer. Seconded by Councilmember Doble. Councilmembers would like a complete list of qualified employees to consider for the position. Certificate of Facts approved (NB-2) Interview and Select Planning Commissioner- Alternate Background: Jim Romain was appointed to fill the term of Planning Commission Alternate until December 1998. A notice for application was published in the paper requesting interested persons to file an application by November 11, 1998. To date, one application was received from Jim Romain. ( No staff report) Recommendation: Appoint Jim Romain as Planning Commission Alternate for a two-year term, expiring December 2000. Councilmember Sink nominated and appointed Jim Romain the position for a two year term. Unanimous consent of the Councilmembers. Jim Romain Appointed as Planning Commission Alternate to a 2-year term (NB-3) Report and direction regarding City Clerk salary Background: During the meeting of July 22,1998 the Council was presented with a report requesting adjustments to the City Clerk's salary. The City Council formed a subcommittee to discuss the issue and bring back to Councilmembers for direction. (Staff report was distributed on Monday) Recommendation: Council reviews the report and provides direction. Councilmembers Sink and Doble presented the report. Counciimember Sink noted that recommendations have not been made on potentials with issues and options. The recommendations were as follows: Differentiate between those minimum duties required by the Clerk under state law; (if accepted will change the cities current ordinances) but taking the current position which Michele holds and separating that. from it, which is the minimum duties required for a clerk and then attach a small salary, example $500 per month. Takingthe other aspects of all the things Michele does at present and include those duties as the non- elected position. This position was proposed as being a staff member within the Management group of the City. So that when this is in effect, Michele will wear two hats: one official with $500 per month and the other with the rest of the duties. He directed staff to have someone develop the two different job descriptions and at in terms of the increase in the salary; what ever fashion, the salary will not decrease. If for some reason Michele is not elected to the position in 2000, she not lose the $500 amount. It is open to discussion weather this $500 is over and above her current salary and that her salary is adjusted upward, based on her longevity; retroactive to the September date. It's a raise, with the longevity raise and open for discussion whether the $500 is in addition and moves a majority of the duties to the non-elected position. Councilmember Doble felt the City Clerk should stand alone, in duties; completing the statutory duties. Anything above would be under the Management MOU, and he is not sure exactly how to incorporate the verbiage. The idea was that the way the position is outlined today, is the requirements are minimal for a City Clerk. He felt that anyone could get elected to the position with the high salary with no experience needed and not required to complete those other duties. The idea was to separate out of her job description so she holds two positions. City Council Minutes November 19, 1998 Page 4 One as City Clerk and one as a position in the Management MOU. Councilmember Sink stated that the training is treated as a separate budget item annually within the Budget. City Manager clarified the Council's decision. City Attorney Wilson stated that he would not get involved in the decision making process to divide the position. He stated that would be Council's decision. He will work with Bob to deal with procedurally. He does agree that the Deputy is not appropriate, because the Deputy City Clerk has a legal meaning within the existing code system and the City Clerk has statuary authority to appoint Deputy Clerks. The title will be discussed and approved between the City Manager and City Clerk. City Attorney Wilson stated that a number of cites are dividing the job. Councilmember Sink stated that recommendations are conceptual and will return. Councilmember Jehn asked the $500 is included within the salary and Council will need to delineate the duties and evaluate the position. Councilmembers discussed the issue. Councilmember Jehn stated that this ali came about because Michele had requested a new salary structure. We still need to work out a new salary structure for the new position, what ever that will be. Councilmember Doble stated that he felt Michele should get the money she is staff for but at the same time, we want to break out the two positions. $500 is the City Clerk part, and the rest of the salary is the staff part. A new staff position is being created and a salary range needs to be established. Sink in terms of looking at the position and the merits of the raise and this economy he needed to look at his own private sector background. Taking a look at the salary plus the benefits and saying; Michele works as a de-facto rank of the department and how do I rank her against the others within the department and he thought that once she is in the Management unit the salary negotiations would be part of the City Managers thing in the future and she would find her own level within the organization. He said let us look at some of these numbers and we can talk about a package and then we can turn it over to the Management group. This is more of the concept of splitting the position. Michele was good with working with us, in this difficult issue. He commended the City Clerk in making it all happen. Whether that comes out in tangible recognition or just public recognition, he felt that we should because she really made it possible and it was a difficult issue with her. Councilmember Sink noted that a package would need to return for Council's approval, with amendments to the Resolutions and ordinances. Councilmembers agreed with the concepts. Councilmember Sink stated that there were five different areas of concern outlined by the committee and were included within the recommendation. City Clerk expressed seven different reservations, regarding the position. Councilmember Sink noted that these needed to be addressed within the report. Mayor Jehn asked the City Clerk if she had any comments. City Clerk Winterbottom expressed her concerns related to the salary issues, if Council determines the salary structure and she was not quite sure what Council is recommending. She clarified if Council was keeping the salary the same as present, when the new position is developed, for the next 2 years, or is there going to be a salary structure for the position that is created. Councilmember Sink stated that he wanted to make sure the salary did not decrease after the two years. City Clerk asked for further clarification, and if Council was keeping the salary the same, she did not agree with that. Councilmember Sink noted that the City Clerk wants the schedule A, B, and C stated that his intent would be to make that side of the job comparable to Management. He is not sure of the numbers, if this was done as a policy matter, wouldn't we need information from outside staff. Mayor Jehn asked if the committee's recommendation was to be in line with the way the other positions are structured. City Clerk clarified that Council needs to understand that if she were holding an administrative clerk position for the last 8 years, within the classified employees, she would be at top step at $2790, but now her salary is 300 dollars less than that at this time. Councilmember Sink asked for written input for the next meeting. Mayor Jehn stated that had she been within the classified she would be making more money than she is as an elected clerk, based on the other positions structures. Councilmember Sink noted that there is the idea whether the stipend gets added to the salary or included within. City Clerk asked if the ordinance and resolution were to also return during the next meeting. City Manager noted that he and Ken Wilson will work with her regarding those issues. Councilmember Sink noted that the next time this issue is returned, a stepped salary will be presented. City Manager noted that he will return with complete package after working with Ken and Michele and will give Council his recommendation. Based on where Council wants to go, what the salary should be for the elected position and the salary ranges for the other position and along with that associated list of duties for both positions. Staff directed to create salary structure and return to Council for approval (NB-4) Sidewalk Replacement Project Priority Background: Earlier in 1998, the City was successful in obtaining $70,000 in CDBG funding for the replacement of damaged sidewalk and the installation of new sidewalk where none currently exists. In addition to the CDBG funding, the City is adding $30,000 from the Redevelopment fund to supplement the sidewalk replacement program. Staff has developed a list of prioritized locations for construction to take place. Recommendation: Review and comment on the priorities recommended by staff. Mr. John Wanger presented the report for council. He outlined the areas that will need to be focused and asked Council direction regarding the specific areas of concern. Mr. Wanger noted that they were trying to contract with California Conservation Corp., however they do not have the experience. Therefore, the Conservation Corp. crews will work with a contractor during the installation of the sidewalks. Council requested that property owner be notified of the work and put the property owners on notice that they are responsible for the maintenance of the sidewalks. Staff directed to proceed as outlined (NB-5) Status Report on CIoverdale River Park Background: The Sonoma County Regional Parks Department has submitted a revised plan for the Cioverdale River Park. The County Planning Commission and Board of Supervisors are evaluating the proposal. Staff would like to summarize the proposed revisions to the development plan for the park, its status with the Council of Sonoma, funding options and potential steps for the City of Cioverdale. Recommendation: The report is for informational purposes only; the Council may wish to provide direction to City Staff, if desired. Community Development Director Heckel reported. Council is aware, the County of Sonoma has reinitiated the planning process for developing this regional park in Cloverdale. The County Planning Commission held a public hearing on November 5; the Board of Supervisors will consider the project on December 8. Ultimately, the Cloverdale Regional River Park could consist of approximately 70 acres with 50 acres suitable for passive uses. The County has purchased 40 acres, north of the City properties, know as the Andersen and Treadwell parcels. These properties were purchased by the Council Open Space District and transferred to the County Regional parks Department. Due to problems with acquiring a couple of key parcels by the park, the design and phasing of the park is different from what was previously presented to the Council a few years ago. Mr. Heckel provided an overview to the proposed phasing of the park, the consideration for adopting a Master Plan, potential funding and maintenance issues, and the timing for developing this facility Once the Council approves the Master Plan they will proceed. The City will need to adopt a master plan that would cover the use of City property. This hasn't been completed, as there are still questions related to maintenance, and what can the City do on its property. Mayor Jehn stated that he called Supervisor Kelley's office. The City can't move forward until we have a sense of City Council Minutes November 19, 1998 Page 5 those costs related to the project. Maintenance is still a major issue with City and the City is negotiating with the Council regarding MRCE responsibility. City Manager is concerned with operating costs. A meeting with Jim Angelo will be held to discuss and development recommended at that time. Debra Shipley, County resident, expressed her concerns with using the park without some security and the need for wider road to allow emergency access. She asked Council to restrict the vehicle use and noted that the County has now decided to restrict vehicular access in the park and asked how the City would restrict access. She has concerns with the need for wider roads for emergency access. Master Plan - includes trail and she is concerned with pedestrian hit by bikes and inline skaters; how will the City secure the park after hours, concerned with security and the need for more, as it is developed it will attract more youth and more drinking and drugs will be consumed. She questioned who would be liable if someone were to be hurt in the Park. Information and Direction given Reconvene to Regular Session: Closed Session: None scheduled Adjournment: The meeting will be adjourned to the next regular scheduled meeting on December 17, 1998 at 6:30 p.m. These minutes were duly approved by a unanimous consent of the Council on this 27th day of January, 1999, by the following roll call vote: (5-0) Ayes in favor: Councilmembers Brigham, Kinsey, Sink, Jehn and Mayor Chase Noes: None Absent: None Abstain: None Approved Carol Chase, Mayor Michele P'Winterbo-tton~, City Clerk City Council Minutes November 19. 1998 Page 6 Community Development Agency Meeting City Council Chambers Agenda November 19, 1998 City of Cloverdale Date: Noveml~er 19, 1998 Time: 6:30 p.m. Place: City Council' Chambers, 124 N Cloverdale Blvd., Cioverdale CA 95425 Date Posted: Pursuant to Government Code §54954~2 the agenda for this meeting was properly posted on November 13, 1998 Pledge of Allegiance: Christopher Dinno ' ' ' Roll Call: Councilmember Doble, Kinsey, Chase, Sink and Mayor Jehn. Other present: City Manager Perrault, ACM Carol Giovanatto, CDD Joe Heckel, City Engineer John Wanger, Assistant City Engineer Reynolds, Police Chief Dailey and City Clerk Winterbottom Agenda Review: None Roll Call: Councilmembers Doble, Kinsey, Chase, Sink and Mayor Jehn Oral Comments: There were none Consent Calendar: These items are considered non-controversial and will be acted upon in one motion unless removed from the Consent Calendar for discussion by Councilmembers or any interested party. a) Approval of Minutes for regular Session September 23, 1998 b) Approval of Minutes for regular Scheduled Session October 14, 1998 Member Chase motioned to approve the Consent Calendar, Seconded by Member Doble Roll Call: Members Doble, Kinsey, Chase, Sink and Chair Jehn New Business: Consent Calendar Approved (NB-l) Review of Design for Cloverdale Seni~lr Center proposed for 311 Main Street Background: The recommendation of the Cloverdale Senior Building Committee on the design of the Cloverdale Senior Center at 311 Main Street has been forwarded to the Agency. It includes such elements as the interior and exterior design of the building; potential uses and activities for the facility, and how the property will be improved to accommodate this facility. Recommendation: Staff recommends the Agency approve the proposed design of the Cloverdale Senior Center and direct staff to proceed with the filing of all necessary planning applications for this project. Community Development Director Hei:kel presented the report. He presented the recommendation from the Senior Building Committee regarding the building of the Center. He gave background review of the project. Before Council were two diagrams that showed the floor plan, landscape, and design. The report from RMW Design and Architectural was presented to Council. This summarizes all the work that has gone into the designing the Building. The intent of staff was to gain the Agency's direction to proceed to having the use permit and design review applications filed. Preliminary site plans were presented from the Committee that would change some of the minor design elements of the building. This will come in the construction document phase of the project. The Agency is looking at the preliminary concept of the site design at this time. The consultants outlined the construction costs which will be determined during the construction approval. He noted the Senior Building Committee is working toward fund raising for the prOject. Christopher Dinno, RMW Design gave Agency members a report of the project. The documents has included the needs of the user group, documenting their program, cost model detail and breaks down the building costs, etc... He felt there are some outstanding issues, and this is meant to be a tool to work from and get a real working model that would get something constructed. Mr. Gordon Bryant noted that the Senior Committee is anxious to get started with the process in order to start construction in the spring or early summer. He stated that he got a pledge from a couple in Cloverdale to pay the difference in cost to replace the Formica counters with stainless steel up to the amount of $5,000. Discussion continued regarding the design of the Building. The concepts of the design will be discussed further in the process. Mr. Bryant introduced the committee; Marie Vandergrift, Helen Stewart; Frank Rittiman, Elizabeth Grange, Dick Johnson. Chair Jehn stated that the money from SB2782 will make a significant difference in the speed o£the building. Ms Vandergrift stated that she would contact the service clubs and see if they would agree to buy a $3,000 Stainless steel refrigerator; she was able to get $500 out of Columbia Hospital toward the purchase. Member Chase motioned and read resolution CD I0-98, seconded by Member Kinsey Roll Call: Members Doble, Kinsey, Chase, Sink and Chair Jehn Resolution CD10-98 Adopted Member Sink motion to initiate the filing processing of applications for use permit, parking agreement; and design for the Cloverdale Senior Center, seconded by Member Doble. Ayes in favor: (5-0) Approval of initiating the filing process (NB-2) Status report on completion of financing for Theatre project Background: On October 14, 1998, the Agency Board endorsed a request to assist with the financing of the Theatre rehabilitation project. In order to complete the financing, a number of documents need to be prepared and ultimately reviewed by the Agency. The purpose of this report is to provide the Agency with an update on the preparation of the documents and to request the Agency Board authorize the scheduling of a special meeting to finalize the documents. Recommendation: Review the staff report and authorize the setting of a special meeting to finalize the documents. Executive Director Perrault presented a report regarding the Theatre financing. A long-term loan in the amount of $214,000 would include use of the facility. Negotiations have been started with Exchange Bank as they have indicated a willingness to participate in a long-term loan. Those provisions were outlined within thc last report and remain unchanged. The documents between the agency and the back are under preparation by staff. The planning Commission has authorized the use permit and Mr. Corkill has begun working on the facility, with some interior demolition etc. Mr. Perrault is also aware Mr. Corkill's purchase of the property will close this week. He received a call from Mr. Crocker, appraiser for the project; and his indication is that there will be sufficient equity to secure both loans. Documents have been prepared by the city Attorney and Mr. Perrault has reviewed the documents. At this time there are some refinements that are being made and will refer those to Mr. Corkill for his review. He requested approval to call a special meeting when the documents are completed so that the Agency can authorize the project's financing could be finalized. Member Doble motioned to authorize the City Manager to schedule a special meeting at the time the papers are completed, seconded by Member Kinsey City Council Minutes November 19, 1998 Page 7 Ayes in favor: (5-0) City Manager stated that the escrow would conclude this week and the indication from the appraiser that things are moving in the direction, the full appraisal will be available in about 2 weeks. Item to return Adjournment: Adjourned at 7:30 p.m. to Regular Scheduled Session, December 17, 1998 at 6:30 p.m. or as determined per agenda. These minutes were duly approved by a unanimous consent of the Agency on this 27th day of january, 1999, by the following roll call vote: (5-0) Ayes in favor: Members Brigham, Kinsey, Sink, Jehn and Mayor Chase Noes: None Absent: None Abstain: None Approved Carol Chase, Chair Attested City Council Minutes November 19, 1998 Page 8 log ITEM NO. DATE: August 4. 1999 AGENDA SUMMARY REPORT_ SUBJECT: REVIEW OF GRAND JURY REPORT AND AUTHORIZE SUBMITTAL OF LETTER OF RESPONSE TO THE REPORT Staff is recommending approval of the response to the Grand Jury Report, which will be discussed in Closed Session. RECOMMENDED ACTION: Council authorize Mayor Mastin to execute Letter of Response for submittal to the Grand Jury. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council revise letter of response. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Steven Mitchell, Esq. Candace Horsley, City Manager John Williams, Chief of Police David Rapport, City Attorney 1. None. 4/Can. ASRGrand.99 Candace Horsley, City l~anager