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Home My WebLink About1999-03-03 PacketPROCLAMATION }VHERE~S, March 12, 1999 is the 87th anniversary of the founding of Girl Scouts of the U.S.A., the largest voluntary organization for girls in the world; and WHEREAS, Girl Scouts is a vital organization for girls while they are growing up, enabling them to develop self-esteem, leadership, and citizenship skills, and providing an atmosphere of friendship within a broad base of women and girls; and tFHEREAS, the Girl Scout program not only reflects the enduring values and standards that have been part of the organization since,1912, but also lends itself to the special and unique situation of girls in the 1990s and the coming millennium; and }VHE~~, Girl Scouts of all ages have made important contributions to the life of Ukiah, our home community. .NOtV, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on beha~ of my fellow City Councilmembers, Kristy Kelly, Phillip Ashiku, Phil Baldwin, and Kathy Libby, do hereby officially proclaim March 7-13, 1999 as GIRL SCOUT WEEK IN UKI H Jim Mastin, Mayor and thus, do urge the citizens of Ukiah to support in every way the activities and endeavors of Ukiah area Girl Scouts of the Konocti Girl Scout Council WHEREAS, the Community Concert concept sprang up in the Great Lakes region and in several eastern states in 1927 and now includes approximately 400 affiliate PROCLAMATION Associations nationwide; and WHEREA~, the goal of Community Concerts' remains, as it always has been, "to offer every man, woman, and child in this country the opportunity to experience the magic of live performance by bringing artists and audiences together; and WHEREAS, Ukiah Community Concerts is in its 53rd year of providing our local musically minded public, and a large portion of Northern California, with world renown musicians; and WHEREAS, Ukiah Community Concerts is a volunteer organization totally funded by its supportive subscribers and its goal for the 1999-2000 season memberships is 900. NOW, THEREFORE, I, Jim Mastin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Kristy Kelly, Phillip Ashiku, Phil Baldwin, and Kathy Libby, do hereby proclaim March 14-20, 1999 as COMMUNITY CONCERT WEEK and urge the citizens of Ukiah to support the activities and endeavors of Ukiah Community Jim Mastin, Mayor Concerts. 3b . ¸ 4a MEMO To: Ukiah City Council From: Marie Ulvila, City Clerk Subject: City Council Minutes of February 17, 1999 Date: February 26, 1999 The Draft Minutes of the City Council meeting of February 17, 1999 will be delivered on Monday, March 1, 1999. I apologize for the delay. MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, February 17, 1999 The Ukiah City Council met at a Regular Meeting on February 17, 1999, 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 Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. Staff present: Customer Service Supervisor Archibald, ~i~blic Utilities Director Barnes, Community Services Director DeKnoblough, Assis~9~ Ci.t:.~ii~nager Flad, Risk Manager/Budget Officer Harris, Police Corporal Heit~mp, C!..t..~ii~~;~r Horsley, MIS Coordinator Klingbeil, Associate Planner Lohse, Polic~ii~i~tectiV~ii~~.".a......n..t McCutcheon, City Attorney Rapport, Fire Chief Sandelin, Plannj~i!::~birector..::~~iiiiii'...D....eputy Pu~!i~' Works Diredor Seanor, Firefighter/Paramedic Spre~iiii§enior p~:e~:;~~iii~:..o...!ice Williams, and City Clerk Ulvila. 2, PLEDGE OF ALLEGIANCE "::i:i:i:!:i:i:i:i:i:i:i:i:i:i:i:!:i:!:i:i:i:!::.. "!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:!:i:i:i:i:: Councilmember Ashiku led the Pledge of Allegian~!~ili?~iiiiiii!ii! iil i ii. 3b. PROCLAMATION' March 2, 1999 as....~..e...~::.Day a~!~i!!.~;....~~rt of Read Acros- America ................................................ .... ~ii?:i::ili?:iii?:i':ii~!i':!::!i!::!-':!i!::i::i::i::i?:i?:~::i::iii?:iii! ..... ..:.i:i:i:i:i:i:i..- Mayor Mastin read the proclamation des...:~i~fi'i~::~i~~iii~ii~::..1999...:~::i~:~' Read Across America Day in support of Read Across Ameri~ .......... ....;i;:;: ..... :::::::::::::::::::::::::::::::::::::: .......... :::::::::: · :::::::::::::::::::::::::: .... -.-....... ..... Janice Lombardi accepted the ~i~:'matio.~i~ behalf.:ii.~'"i'he ..... Ukiah Teachers Association and thanked Council for their e~§eme~i:?' She n.~d that students who read at home ........... ................ 3c. P.R~EN TATlO~iii~ii~!Shade :B~i~" PhylliS:i::ii~~!iii~ep. orte~iii!{~iii~b. Shade'~::::~igade has planted 31 trees in the downtown ====================================================== ==================================================== area. A S~~iiii~[~t ha§:~::~ii!i~:!ned, in the amount of $3,800 to plant trees in the parking lot n~iii?~.i.i~ libra'~iiii~iiii~:in Street. She advised that the Willits RELEAF organizatio.::~i::ii~iiii~i~iiii~....e' Sh~i!iiBrigade their non-profit status as Mendocino County RELEAF..::~::~Nell ...... a"~~ii!i~.:..rnain'ing in their treasury. She requested, on behalf of The Shad.~?~'i:igade, that"{~!iii~i~?Council approve the demolition of the buildings on Main Stre....~iii§o that the entir~ii~'~ii~g lot can be planted at the same time. A shaded pedestrian w~i!i~ay will be prov.:i~d"0ut of the parking lot, as well as a shaded corridor from the lot to the ao.. :tow, ...... rea. ........ .....,...... ......... . .':':-:-:-:-' .:.:.:.:.:.:.:.:.:.:.:.:.:.:.. .-.?.-.-.-.- ::::::::::::::::::::::::::::::::: .-::!:i:!:!:!::" Uiscusseu t,e significance of eing UesignateU t,e California ~~!i~~ sector in Mendocino County as there is a greater opportunity for grants, ed::~{ii~:i'"'materials, and other benefits with this designation that cannot be obtained otherwise. Councilmember Baldwin thanked The Shade Brigade for their work in the community and inquired if there would be an impact to trees planted along State or Perkins Streets, in the future with the undergrounding of utilities. February 17, 1999 Page 1 Ms. Curtis acknowledged there may be an impact to trees with the undergrounding of utilities, however, she felt there is a larger problem with the City obtaining funding to complete the undergrounding. 3d. PRESENTATION - C.O.P.S. Chief Williams advised that the Police Department presentation contains an overview of community oriented policing and some of the things the Department is doing to implement the philosophy for the betterment of the Department and the City. He introduced Detective Sergeant John McCutcheon and Corporal Greg Heitkamp, as well as Rosa.!:i~?:Olquin who was hired under one of the C.O.P.S. grants' to administer the pro.~.am...::~i::i? .:~::::?.?:i!i~i::?:iiii?:~ ....... ~i~i~i~!::i~ .... Detective Sergeant McCutcheon advised that com~ty po~i:i:~?~:~::.philosophy and an organizational strategy promoting a partnershi~iii!iii~een P-.':~i~!!iii~::..their poliO?' Groups that must work together to ensure the sucker'S of the Police Department, the community, civic le~r?.., el~'"[~d offici~i~iiiiii~iiiii~a~i~'ess community, agencies such as social services or ~!~i::i::~lth officials, Community-oriented policing involves empoweri~iiiii~iiii~..ff...j, cer so they c~'~""have the freedom to be creative and work with these groups t .o.:~i?i~iiii~[~~ solutions for problems. He reported that their computerized presentation:~t...."~::CoLi:~!:!:i~i:i~:ade possible through the Police Department's improved relationship ~j~:.t..he Uk a~ii~!~ii~$chool District who allowed them the use of their computer proje~i~iii~uipment';:~?:iiii~iiiii~i~ii~i?~ .... i~::ii::::i::ii::?~ ............. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ........... ... He reported that the Ukiah Police received, federal funds designed to place more officers on ~: stree:t:..~i~i~ th~:':~i~ii~iiiiiiiiiF~nds are available for three additional positions to create a cg~:unity o..~nted p~!! ng team that will focus on long- ....................... term solutions for problems wit~ii~iiii~e Cit~?:'Their n.~ title will be called the Community Response Team. The Police ~rtme~!:i:~i"so obtai~::~d............., funding for a non-sworn position and Rosali...e... Olquin will b.e..:..aii~?pport c[~i~~!~i'Community Policing Team and assist coordinat..:i~i?~]~e project~ii![~iii~ill be ................................................... cers in the field. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: "~!ili?:~::iii?:iii[ili?:~i~i~i~::~::i!~::~:::i .... '::~i:::-::i;:ii::i::iiiii?:~::i::::~:~' .... .......................... -,....-.-.-.-...-.-...,...,...-..,,.,............... ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ":~::!:~:~:~:~:!:~:~:~:~:~:~:~:i:~:!:!:!:!:i:!:!:!:!::-. .... ::::::::::::::::::::::::::::::::::::::::::::::::::: Corporal::~..~!~~:..disc~~iii!~iiii~ommunity Response Team and advised that Police Officers will"::~iiii~iiii~i:!..itator:~ii~i:ii~ a broader look at problems in the community. A survey was Cg~~~ich ide~'d gangs, drugs, and traffic as the main problems in .............,....................,....;............................,.,....... .......................................... the comm...~it~;':':'"Fl~i~iii~i.i~i~ual pi~esentation of problem areas in the community showing befor.e.:..~:d-after ph6~iiii~iii~:.sites. He discussed potential traffic safety hazards and -.-...,.-...-.,.....,.............,.,...,.,., con.~:tion at Yokayo:~~l:;........... ........... With improved curb markings in the area, the installation of ........ ~i.~ccess gate to th:~ii?Sid~walk, teachers assisting with traffic control, and flyers mailed t~?!?i~rents to gain c~Seration, the situation has resulted in a reduced need for Police ~~ment ................. presenCe?at the site. The benefits improved safety for children when leaving ~~!i~::...a ......................... re.d....~:: need for Police Department presence in the afternoon, reduced ~i~ii~i~ing tickets, all parties involved took pad in a solution to the problem, and a':~6~~i!::6f'liability to the City in proactive problem solving. Police Chief Williams stressed that, although the City has a team established through grant funding, this philosophy prevails throughout the entire Police Department employees. Councilmember Kelly inquired about Pomolita School's involvement with regard to the February 17, 1999 Page 2 Police Department. Police Chief Williams reported that another grant was received in partnership with the Ukiah Unified School District whereby five students are hired to work with members of the Department to put together surveys and to address a specific problem with Pomolita School, which was truancy. These students plan to give a presentation to Council in April. 4a. APPROVAL/CORRECTION OF MINUTES - Regular Meeting of February 3, 1999 Councilmember Libby recommended a correction to page 13, first paragr~h beginning with "Councilmember Baldwin," that the second sentence should r~: "~ii~nferred with ...... ~i::i::i!i::i!i::ilili::i::i::i~::...~iiiii::i::!~~ .... Mayor Uastin and " .... ~[~ .... ~~:-- :.:.:.:,:,:.:.:.:,:.:.:~ .::iiiiiiiii~ii!~!i!i!:!::~'- ================================================== MIS Kelly/Ashiku to approve the minutes of the Reg~"~:::-~eeting the noted correction, carried by the following roll cal!i~i~te: AY~.E....~!i::::~o~i~..b..:..e. rs Baldwin, Ashiku, and Kelly· NOES: None· ABST~iA.: 5. RIGHT TO APPEAL DECISION Mayor Mastin reviewed the appeal process ..... .-::i:!:!:!:!'~ ' ~::i:i:i:i:i:i:i:E:!:!:!:!:!:i:i:i:i:i:i:i:i::.. 6. CONSENT CALENDAR . =============================== ~.:.:.:.:,:.:,:...:...........,.:.:.:.:.:.:+:.:.. MIS KellylAshiku approving Items a-h of t~ii~~.t.. Calen' ii ii gllows: a. Approved Disbursements for the M~iiii~:'":~~ii:i!ili~:~9; .... ~ili? b. Rejected Claim for Damages Recei..'~d ...... Fro.~'?M~i_i!G!i.i.~i~f~ell and Candi Snow and · · 'i:iii:i~:" .::i:i:i:i:' '~!:!:!:igi:!:i:i:i:i:i:i':?::i:i:~:!::' . . Referred to Joint Powers Author:!......t..:.~, Redw~d Em~.I.~L.Mumclpal Insurance Fund; c. Approved City Council Actio~ii!ii~tes W.:~'in the ~i~'~dule For Fiscal Year 1999-00 Budget; .:~iiiiiiiii~iii~i:?i i~i~:ii::ii::? ..:~iii:~iiiiii:i.i?' d. Adopted Resolution No. ~32 Wa....i~.~g Th~::::ii~0-Day Notification Requirement For Establisb:ing a Count~iliEa~iiii'ty In TIi~ii~i~iiii~'uant to Government Code {}25351; e. App{:~:?iii~.ontrac..~iiii~.!.i~eserva~.ii~[Ces For The Preparation of An Updated · ;,,.-.:,:,-+:,.,.,:,.,..: :,:.:.-.-.:.:.-,:.:. ;,. =====================================-.::: .,,,...,.,., H ~stoa.~!~:?:.a.'~d:.Arch ~t~~LR.. e. sou rces Survey; ====================================================== ===================================================== f. Award~a!i!~i~i!~:i~:!quid'P~iiii~!?de to Kemwater For The Sum of $320.00 Per Dry g. Awarded..:B~iilE~i~~l Co~!~i:or Chlorine Products to Sierra Chemical Company ........................................... .:.:.:.: · For ..~i?~:'~'~?:ii~{.i.iiii~!~;:9:. Fo~' 150 Pound Cylinders and $279.00 For One Ton ...... h. ....... ~roved Lease ~~'ent with M.P. Mountanos for Lease of Airport Hangar and ::?iii!~thorized the Cit.~iMahager to Execute Agreement. :':':':+:':':+ ..,.,.,...,......... ..:.:.:.:.:.:,:.:,:,: ..:,:,:.:,- .......,...,,.....,,, ,,.,.,.,.,.,.,.,.,...,., ::::::::::::::::::::::::: .,...,...... ,.,.....,... ~ii~0tion carri~iil~'y the following roll call vote: AYES: Councilmembers Libby, Baldwin, ~i~i?~ii~.~:!:!:..y..::~:~:~i::Mayor Mastin. NOES: None. ABSTAIN-None. ABSENT: None. ======================================================================================================================================= ============================================================================ ==================================================================== 7. ":~::~UDIENCE COMMENTS ON NON-AGENDA ITEMS. Justin Capri, member of the Skateboard Park Committee, advised that they have constructed a clay design of the Skateboard Park which is on display in the foyer for viewing. He was accompanied by Jim Lacey, architect for the Skateboard Park Committee. 8. PETITIONS AND COMMUNICATIONS February 17, 1999 Page 3 8a. Correspondence From Fort Bragg Disposal and ~olid Wastes of Willits, Inc, Regarding Landfill Hours of Operation City Manager Horsley advised that correspondence has been received from Fort Bragg Disposal and Solid Wastes of Willits, Inc. regarding the City Council's decision made on October 7, 1998, that the landfill would be open at 8:00 a.m. to commercial haulers in the new service area. Currently, the commercial haulers in the old service area are allowed to enter the landfill at 7:00 a.m. Both Fort Bragg Disposal and Solid Wastes of Willits, Inc. were informed of the public hearing late in the afternoon of October 7, 1998 and were unable to attend that meeting. They have requested the matter be placed ~i.:the agenda so that they can make their concerns known to the City Council f~::.recon~eration. .:i:i:i:i:i:i:i:i:> ..::i:i:i:i:i::** Mr. Jerry Ward, owner of Solid Wastes of Willits, Inc:~ii~ised'~::~'ii~ii~ttended the City Council meeting in August 1998, during discussions .~i~h'e Ukiah..::~~[~.i.~:t.......ation as as the hauler hours at the Ukiah Landfill. He exp~ed his ~e~*~iii[~ii~~cil a.t?:~t time that haulers in the old service area, which in~....es F0.::~i~i~'ragg an~!i~!~:i:~~:~ of Willits, be allowed to enter the landfill at 7:00 a.m.?~ii~gl.;~th haulers in t~i!i~:§ervice area. He was informed by Public Works DirectS~?~i~~..dy that his presence at the =================================================== October 7, 1998 public hearing would not be nec~~iii?~ii::i~o he did not attend that meeting. At that meeting the City Council approvediii~'e E~:f!i~iiii~ii~ Landfill and kept the hauler hours in the old service area for enterin...g~ landfii:i::::i~ii~i~i?~D~m. He felt that the ...... ::::::::::::::::::::::::::::::::::::::: '*::!:!:i:;:i::*:*'*i:i:i:i:i:i:i:i:~:i::'*'* . 8:00 a.m. des~gnabon prowdes a hardship fo.r...:~i~..S:?:~~.ny, as we.:!~::ip;:'*Fort Bragg D~sposal because they travel farther distances to g~iii~i::~!:~h:.Landfiji:i~an haulers in the new · ::i..-..::i:;:-*' ::::::::::::::::::::::::::::::::::::::::::::::::::::::: -':*-':*' service area. Additionally, in the summ...~ime the:.:~i?-~i[~i~!i?~hree or four debris boxes in one day, taking approximately two ..:~b rs ro .u.,.~** triP:i~::::i~i~i' which limits the amount of trucks that can travel to Ukiah dur...i~[~he win~ of 8:0~iii~::'~: - 3:30 p.m. Speaking for his company and Fort Bragg DisP0~!ii:~e req..~:~;ted C0:~:cil allow them to enter the Landfill at 7:00 a.m., along with other r~ haul.~il He d.i~.ii~0t think the additional hour per day would crea!~, a hardship [~::.n~i~hbors ~ii!~iii~~'il during the summer months. He felt that both.::~?::?agg D.i~~?~nd Soli~ii~~§"of Willits have been good customers of · .........-.....-.................................... ..:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:. the CitY!iiii~iiii~i~:..ove*i~!~iiii~~::.* He di:§~'ssed the closure date for the Landfill being extended::~t~i!i:~~er 20~i!~?~i~iii:~p..posed construction of the transfer station this year. ===================================================== -.-.-.- ............... . ........................... Mayor Mast.i.~:::i:~i~:~::::if IVlr.'::::~:::'" request for extended hours is limited to summer months...::?: :i;i; ::i: i?:i i:..iii !i: :i :::::: ::::::::::::::: ::::::: ::i ?:i ::::!!ii.!:!:: ii;:::: i:; ::;:::!:i;: !::;:! i:;: !:: ::! ii:::: i; ?:::: ..... ":::::::::::: ..... Mr..~i~d advised that :~::~J'd prefer that the Landfill allow his company to enter at 7:00 a.~iiiiii~ both summer a~:wihter, however, he would be happy to have the hours extended f~:::~ly the summer..?:~:0nths. ...... He discussed the matter of haulers not being allowed to ~i:the Landfill on::~i:holiday, even though the haulers have local pick-ups on those days. :::::::::::::::::::::::::::::::::::::::::::::: . ======================== .:.;.:,;.:,;.:.;.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:,:.;.. ........ ...-'-:-:-:-:-:.:-;-:-:.:-:-' ~~i~i!~i6~ved concerning the matter and Consensus of Council was to have the ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.;.;.:.:.:.:.:.:.:.;.:.:.:.:.:.-- m:~iiii~~l'Zed on a future agenda for reconsideration. 3a. PRESENTATION: Introduction Of New Employee Mike Todd, Fireficjhter/Paramedic Fire Captain/Paramedic Sprehn advised that he is pleased to have Firefighter/Paramedic Mike Todd with the Department. Mike Todd has been a firefighter for six years and a February 17, 1999 Page 4 paramedic for two years. He resides in Santa Rosa with his wife and two children. He considers firefighting a "lifestyle, not a job" and brings experience in construction which can be a very valuable resource in fighting fires. Firefighter/Paramedic Todd advised that he is happy to be employed with the Ukiah Fire Department and hopes to have a long career in Ukiah. 9. UNFINISHED BUSINESS a. Report On The City of Ukiah Low Income Assistance City Manager Horsley advised that this matter was placed on the a~nda....~.!~i::~'~eep Council informed of the City's new programs Council approved .[.n the p~iii~!? .... Customer Service Supervisor Archibald report~iii~i~:~::[he s~~ii!i!~!ii~.....e. City's L~' Income Assistance Program and Senior Citizen L~:'lncome:i~i~:o~i~[~i?~:,r..og~::i~o assist Iow income customers with their electric cha~ ............ on th~:~' City has been able to help triple the amount of househ~!~i~!~h were report&:~i?~ii~iief for Energy Assistance through Community Help (R.E'!::~i~ii~ii~i?:iin 1997. The City has also developed a good working relationship with the Salv..:~ii~:ii~iii~d everyone seems very pleased with the program· The City is currently co."~'~'acti~ii~i~ii:.~9. Salvation Army, and noted that they were already in place and hav..~!~onnel ~iii~!~iii~..o qualify citizens of U k i a h for the R. E.A. C H. P rog ram. ....::~~.:..-~ .... "::~i~?:~::~::~i~i~::~':~i~?:~?:~ .... ..::i:i:i:i:i:~:~:~:i:~:~:~:!:!:!:!:i:!:i:i:i:i:i:i:i:i:~::.. "::!:!:i:i:i:i:i:i:i:i:i::" .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ..... ........ :i:i:i:i:i:i:i:i:i:!:i:i:!:!:!:i:i:i:i:i:i:i:i:i:i::.. ::::::::' City Manager Horsley advised that th.~:~:ivatia~i!~iii~~ this function for several utilities and noted that the City's cost::iii~"very I~:i' Sl~'~ii~i~§ed the availability of funds for the programs, noting that fun:~iii~t use:~iiii~ one y~'i"ll be placed in a reserve fund to accumulate. The funds will ~ili~ltbcate~.i~ntil the.~::~ar 2005 and additional funds may continue to be received. This ~iii~ii~'reatly.:~ist in c~.'~tinuin the program for future years to come. .~:~i::i~ ...... ~i::iiii!i!::?.~::... iiii!i!iii:' ............................................................. · ::::::::::::::::::::::::::::::::::::::::::::: "::;:i:i:'~i:i:::i:i:i;i:!:::!:i:!:!:!:!:!:i:~!:!::.. ============================== Counc,l~~i:.~:..B. ald~iiii~!i~' as t0"~-~'":i~ercentage of people qualify, but do not ask Customer ...S....~~.i.i.i~p~rvis~.i.i.~hibald advised that she did not have statistics availabl .e.?:i~::~:~'~!i~~ii!~em~'r Baldwin's concern, however, she would contact the Depa~:nt of Social ':~i~iliregarding the matter. She reported that she is monitoring the :~ .......... ' ........ :::::::::: · ....-.-.-..,..- ..... .......... .....,... ~cilmember Lib~:'inquired if applications are available at the Senior Citizens Center ~ii~ Senior Citi~e~:~ Program. :.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.:. G~~i~i~'e Supervisor Archibald reported that applications have not been placed at'::~!iiii~i:~'r Citizens Center, however, she will provide them with applications and information about the Program. Consensus of Council was to accept the report on the City of Ukiah Low Income Assistance Programs. February 17, 1999 Page 5 Db. Discussion of Alternate ,~ite for Recreation Center Grant Proposal City Manager Horsley advised that Council previously discussed the Recreation Center Committee (Committee) working on a grant to be used for construction of a recreation facility. The applications are due by March 12, 1999 and one of the requirements of the application is that proof is shown that there is land available for the Recreation Center. The Committee prefers the Montgomery Wards (Wards) site, however, until the Ukiah Unified School District (School District) is able to finalize negotiations, they can only say that the site is tentative. They need to identify a site on the grant application that would be available to them, especially if the Wards site did not work out. O~.*.of the first suggestions was Oak Manor Park. She spoke to the grant writer.,.~iiii~....ath .y.~:~..~per, as well as the Department of the Youth Authority (DOYA) about....the pro~~.i~Ee of a gym and the need for parking. She also discussed the possi .b...i~?:~:of usi~ii~iii~...a....ngley property. In speaking to DOYA, she was advised that the gram!::~'~ld be ~i::i~:~:::~:~:::~c If for so~' reason the site did not work out and the funds were...::ii~arded, .~/~:~~ ~...rk group if they find a new site, and transfer the gran~?~nds to~'~' new The Langley property was discussed as a Dr. Marvin Troffer, member of the Recreation Ce~'r":~~~,::.advised============= ===;===================="====:=='"'"'===== that the state funds were reduced from $100 million to $25 mi!.l..i:~.'n., and a~i~ii~iii~e!~!'"'" allowed up to $3 million per site. He felt this is a good oppQ~ii~ii~::acquir~i~~ii~r construction of a Recreation Center in the Ukiah Valley. N~::~~ii~.rtuniti~::(NCO) is the applicant and many groups have been working t0....~{~'er to.::~!!~i:i!~:i:~d and to identify groups of individuals who would be served..:~:' this t~:"of f~!i~il.iii.i.~f upmost importance is the need to identify the site where it w.i!~.[~:~' Iocat~!?' It is th~!~:~:~:~'pe that the Wards site will be available, however, if not, anoth~!ii~i~e ne~' to be d....~rmined. It is imperative that they identify another site in the.:~iii~:~t ap.~!i~tion...::?:::ii~ met with Ukiah School District Superintend:Dnt Kim Loga.~iii....a. ~i!i~he Sch~!!ii~i~.t.:[i~iii¥~ agreeable to having the Recreation Center ne~iii[o................................. ............... the newiiii~i~~tary S~!iiiiiii~'~'ever the site is located. However, the '"";~:"" ............................. be=~!i!~i~iii~ed by ¢~:~i Wards .s~l~::~::~as::::not th~~:~ es involved. ======================================================== -.~.:.:.:.:.:.:.:.:.:.;.:,:.:.:.:,:.:,:.:,:.:.;,:.:,. ====================================================== ====================================================== '.:.:.:.:.:.:.:.:.:.:,:,:.;.:.:.:.:,:.:.:.:.:.:.:... "::i:i:i:i:i:i:i:i'-i:i:!:i:i:i:i:i:i:!:!:!:i:i:i::.. ...............................,.................. - ..:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.;,;.:.:,:.:.:.:.:.. Councilme~~!ii~!~win q'~~iiiii~!:,. Trotter regarding the Needs Assessment Report ..:.:.:.:.:.:,:.:.:.:.:.:.:.:,:.:.:.:.:.:,;.:.:.. and if the a:.~!i~iiiii~!~9...n..ed f~i!~!~~:'' Recreation Center would be compatible with the ..........,..,. propose.d:~:i~::~i~:~f~iiiii.i~~!.' at t~e Wards site. In reviewing the Needs Assessment Repo~..,..iii~ did not se~i?i~iiiii~ntory of existing facilities, such as meeting rooms and the deg..r::~::"to which they ~ii~'ently being utilized at all hours. ........ .::;:::::.. .,................ ~;iiiiiiiii..-Trotter..................... advise~ii~i!!::that the Needs Assessment conducted under a Community .:.:.:.:.:.:.:.:.:.:.:.: ........... ~!?pment BIo.c.....~iiGrant (CDBG) with the City a year ago is different from the Needs ~:..:e....n.t..r..~~ on the grant application for the Recreation Center. He advised that t~iiiiii~~iiiii~§'sment Report, dated December 30, 1998, is an overview of the CDBG ra:t~ii~ii:.-~i'e DOYA grant. He advised that the Needs Assessment was sent to many community organizations to list their needs. A review was made of existing facilities in the community, many of which have a waiting list for participation in activities. Due to lack of space, they are unable to meet those needs. He advised that many sites have been considered but all are not suitable for their project. February 17, 1999 Page 6 Councilmember Ashiku inquired as to the amount of money available for land acquisition for the Recreation Center. He expressed his concern that they are requesting Council to name a site, with no assurance that the site will be available to them should they receive the grant. Dr. Troffer advised that they will know by June 1999, if they are awarded the grant. The $3 million in grant funds could be used for construction of a building or land acquisition, however, not more than 25% of the funds can be used for administration overhead. It was his opinion that negotiations with the School District and property owner of t.~:.Wards site will be finalized in order for them to use that site for the Recreat!~. Ce.~Fand that the alternate site that Council designates would not be nee..:...,.ded at a:.~!i!i{i.~i.i~ed that should the negotiations for the Wards site fail, they would co~iii~ck tdi~!?~i~y~.Council to have City Attorney Rapport inquired as to what assuran~iii~eeds~::!~ili~:e giver~i:'i~iii~ii~!i~i:'ion with regard to a specific site for the grant. He quest.'i~~::at decision is '~i~i?~'ked of Council at this meeting. ============================================================ Dr. Troffer advised that he spoke to DOYA rega~"::;~!~ii'~b[ljty of eminent domain proceedings with the School District for the Wa[ds. site. '~i::i~med him that if the School District is willing to say they are g0.i~?~i~iii~iii~....minent '~~i~:i' then that would be adequate. They would not need to show.~::~::i~~ip.' or fo..~ i~:e city to sign property City Manager Horsley advised .thE?it is he~iii~nderst~i~g that DOYA expects a letter from the City specifying that a S~fii~ site:~ii~?being ~e available to them, in addition to providing photos of the prop~7 and i..d..~tifying::~:ere on the property the Recreation Center would be built. Tbe..P.'~ject de eu ~ o be included. ..;::::::::.. :.:.:.x.:.:-:.:. x.;.x. ............. - :.:.:.:.:.:.:.:.:.:.:...:.:.:-:.: iiiiii::.::::!i!i!i!iii!iiii!i!iii!iii!iiiiiiiiiiiiiP:" ..i:i:i:i:!:!:i:!:!:i.. :::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::: =============================== :-:-:-:-:-:. x.:.:.:.:-:-:.:.x.:.:.:.:.:.:. =============================================== -'-'-'*'-'----.-.-.-.-.-.-.'.-.-.-. . :::::::::::::::::::::::::::::::::::::::::::::::::::: '-x.:.:.:,:.:.x.x.:.x .:.:.:.:, Council~~i::~shi~!~~d con~:~vith the City's commitment to a specific site, and that t~iii~ii~ii~:.n, ot m:~!i~i!~.mitment on property which they do not own, such as the La n g I ey":~~"'....~!?~::?:.~ .... =========================================== ======================================================== .............................. ..:.:.:.:.:.:.:.:.:.. .-..:.;.x.x -:.:.:-x .:.:-:-:-:-:-:-:-:-:-:.:.:-:-x .:.x.x, "::::::;:;::::" Councilm~i~ii::i~i~i!!~ised tfi~t the worse case scenario would be that the agency .-::i:i:i:i::" '.X-X. :.:-:-:-:.:.:-:-:.:-:-:-:.:-:.:-:-:-. not want to locate the Recreation Cente,' on the Langley -.-.-.-.......-............................ ...... ...... pro~y. If that were'~ili~e, another location would need to be determined. It is her un..:::~standing that th.."~i~' ..... C~t'y could submit a letter saying that, should the grant funds ~~e available, th~ili~ity is committing this property for this specific purpose. However, ~ffi~::~:. properties ~" be substituted if that property proves to be unsuitable for that E~~!~ii~:{cussion followed concerning the amount of control that the City has over the Langley property and potential uses. City Attorney Rapport advised that it is his understanding that, given the City's agreement with the Langley's, the City could not give that property to someone else. He inquired if the City could state in the letter to DOYA that the City would make the Langley February 17, 1999 Page 7 property available provided that the City is able to negotiate a satisfactory purchase agreement with the grant applicant. City Manager Horsley reported that she would need to discuss the City Attorney's concerns with the grant writer. She advised that DOYA specifically told her that if, for some reason, that property became unavailable, they would work with the nonprofit agency and the grant could be transferred to another property. She noted that the "target group" would encompass the Ukiah Valley. .:;!::.. .~.;:i:i:i:i:~:- ..:.:,:,:.:.:.. City Attorney Rapport expressed concern that the Langley pr~:..erty..;i~ii~eWned by the City's Redevelopment Agency and Council does not h.a::.ve the ~~i~::i~0 make such a commitment on behalf of the Redevelopment Agency..~ii~gme ~iiii~...u....ncil will need to take action on the matter, but should the Wards siteiii~:~e avai!~i~?~y other he was unsure of the commitment that the City ~'ds to application to be submitted. He reminded Council ~t. the .C..::i~ RedeV~~~ii~hcy negotiated the Oak Manor property to the S~!i::::i:ii~i'strict in orCJ:~iiii!:i~iii?~t the Redevelopment Plan approved. The City then bou~iii[~ii~....o, perty back from the School District for over $600,000 in order to preserve the..~/~~!~ a park for the area. He ..::i:i-.::::" ' ================================================ noted that there has not been a public hearing to all~ reSi~l~?~i~ii~e area to react to the project. He felt that it would be a significant d:~i~:i:0n for ~~ii~i~i?=commit Oak Manor Park for the project site for the Recreatio .n...?::;i~~?iii~:d that ~i?~ld like to review the s u b m itt a I ..... ~iiiiiiiiiiii::::::::~i~:~::~iiiiiiiiiiiiiiiiiiiiiii i i i ili i i i ili i ~ ...... ... grant application prior to its ?:ii???:? Discussion followed concerning Mitigate site.s..:~ii~f ..... oaEilM~Park, the Langley property, and the Wards site. It was noted tha~?~he ........... Sc~:i Distri~i~ not currently own the Wards site. Other concerns were ,:~~ssed:~iiiiii~.~garding.:iiii:i.ibak Manor Park traffic, parking considerations, and the heig.~iii~f the p~osed g~'. Concern was also expressed for keeping the. residents in..::.t, be ii~ighbor~i?:::~ig~:~d of any change in activities at that location...:.:.:.:.:.:ltii~s.:.:.:.:.:.:.:.:.:.:., noted t.:~iiiii~iliManor ~i~iiiiii~iii~rently used for soccer games and other activitie~i?~?~i~ii~~..waS:::f~~iii~i...S...Cussi0~:~arding the possibility of bringing the matter ::::::::::::::::::::::::::::::::::::::::: ':::::.. · '"'::!:i:i:!:::!:i:!:!'::!~:!:i:!:!:!:!:!:!:!:!::-. · back for G~!~ii~:0ns~d~:.~i::::a~::.the~r March 3, 1999 meeting, which would allow the :::::::::::::::::::::::::::::::::::::::::::::::::::::: nonprofit ag~:i:~ii:~:..et th(~:i~i!~i~?iii~.2, 1999 submittal deadline. :.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:,;,;.:.;,. -.:.;,:.:.;.;.;.;.:.;.;.;.:,;.:,:.. . ......................,......................................... ..:.:.:.:.:.:.:.:.:.:.. .................................... ..;.:,:.:.:.:.;.. ..:.:.:,:.:.:.:.:.:.:.:.:.:.:.;.;-:.:.:,:.:.:.;,;,:.:.:.:.;.:.:.:,:.:.:.:.:.:.. Mayor M~:~:~i~~.i.~::~:...poss:ibility of considering the Riverside Park property as an ............ :+:.:.:.:.:.:.:.:.:.:.:.:.:.:+ :.:.:.:.:.. ;.:.:.:.:.:, ...... ::::::::::::::::::::::::::::::::::::: ...... .:.;.:.:.;. ~.:.:.:.:.:.:,, Mo~i~=n ........ by Ashiku tha~i~he'::City Attorney review the grant application and draft a letter with t~iiii~kiah ............ ............ Valley Cu;!i!~al Recreation Center reciting a mutually agreed upon purchase ~i?::and analyze.~::City's commitments with regard to using the Riverside Park property ~?~i~i~:?:~g.rant...~p~!i~bation, and that the City Attorney review all documents to ensure ·. ================================ ':~i-;·::i:i;:.:-::;:;.;.;:;.:.::i::.:-;::.:.;::.:.:.:,' G:e~¢[l~:s.~.-~.~rns are met. ?...:.:.:~:::::::;:.......... - Motion withdrawn by Councilmember Ashiku. Discussion followed concerning negotiating a purchase price for the Riverside Park property if it is determined that it is an adequate site for the Recreation Center. Assistance in finding an adequate site was also pursued as well as the actual commitment that the February 17, 1999 Page 8 City would need to make at this time. The planning of the Recreation Center over the years and whether the City should provide property for the project was debated. Council further discussed the provision in the General Plan related to the City providing property for a Recreation Center. Councilmember Kelly summarized the situation by saying that, in applying for the $3 million grant, the City is being asked to make a commitment to find a site for the Recreation Center, if the funding is granted. ..::i:i:i:!:i::" Discussion followed concerning the meaning of the word" ..i..' ....... ':i.:.;iii .......... ' comm~tment,.:~end if it means the price of property for a future purchase or the purchase of exi~..~6'perty. ..::i:i:. ..: i i i ~ ~ ~ ~i~ ~ iii i::.:.::!!ii:.:!i:" .,:::::::::'::;- ================================================= ::!ii!iiiiiiiiiiiiii!ii::. ' ================================================ Councilmember Baldwin stated that he had previou~i~:~umed'~ii~i~? Recreati.O'."~ Center was constructed, the City would operate it. ~i!~xpress~i!~~ii~ii~ii~.t.....he N....~'s Assessment Report, noting that with the recent faci.ii~: acquir.:.:~'~'by S.P of the community may have changed. He felt add~i~i::i::i~rmation is ne~~'?before he could make a decision on the project. ============"====:========"=?======:-'?=?==================?=== .... ' ..... .-::i:!:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:i:!:!:!:!:i:~. ..::i:i:i:i::" ..::::::::::-' ==================================================== Councilmember Kelly discussed the prior City O~ncil"§:::-'ii~~..m..ent to the project and discussed the CDBG grant. She expressed he....r;::~..~..o..~cern f(~ii~i~~ which is pursuing the grant application, and if the City is not p~~!ii~:i.th the~i!iii~!~i'i is not fair to them. She preferred that Council give directio..n..:::~ii".-::~i~fflii!~i.i~.~.:City's:~t options for pursuing funding for this project be brought bac.~ii~::':'Coun...~i~::ii~ii~~?:~te~e definitive action at the March 3, 1999 meeting. She felt that .t-~ City w:i ii er;: iiiii i by the project and should stand behind the project. .::?:!iii!i!iiiii!i? ............-::ii?? :?ii!iiiiii .............,:.:.:.:.:. .-:-:-:-:, .............. ,.:,:,:.:.:.. ..... :::::::::::::::::::::::::: . ..... ..:,:.:.:,. ........... .:.;.:.:,:.:.- MISKellylAshiku directing sta~!ii~::"provi~iiiii~ounc.!.:!~:~:~ii~h the best options for satisfying the applicant's..::~eeds in ide :n....~if:.yii~ backu.~i?~p..:..~ii;f'Or the Recreation Center in case the Wards s.!~..:t.:~?i?i~.:..es not ~iiii~iii:.provid~iiiii~~i!FWith options in order for them to take a definitiv~iii~~iii~, sup:~ii~i~ii~lican{:§~i~::::'~heir grant application and provide sufficient informati'~iiiiiii~!iiiiii~::::~::..new '~~!~.:..mbers, who are relatively new to the project, feel oriented to tl~:~ii~j~i~g:S a ~i~!iii~iii~irecting staff to agendize the matter for the March 3, 1999 City....~~iii~,.t, ing. '::'~?:iii',ii'~i'~',i',!!',ii',i!?:::" .... Coun~i!~'ember ...... Ba'~~?iii~ii~¢ussed the need to know what management and funding conce.":~'ts of the non-p~fit.-'iii~i~ncy would entail. .:.:.:.:.:.:.:.: ~.i~anager Horsle:...:~i~dvised that the City has been trying to get this information for the E~.ation ................ Center,:..~ing that the CDBG grant provided information in this area. She will ~i~...:.~:...o.....U....~:~i.!i~ber Baldwin with this information. ::!:i:i:i:~:i:i:i:!:i:i:i:i:i:!:i:i:!:!:!:!:!:!:!:!:i:!:!:!:!:!:!:!:!:!:!:i:!:!:!:i:!:i:!.:~. ==================================================================================== · .:.:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:,:.:.:.:.:.,. · C:~~~::i::~0te of Council approved the motion. 10. NEW BUSINESS a. Adoption of Resolution Approving the Negative Declaration and Adopting the City of Ukiah Bicycle and Pedestrian Master Plan Senior Planner Stump advised that funding for the project was received from funds February 17, 1999 Page 9 received from the KMART project. Council imposed a condition on the KMART project that they pay into an Air Quality Offset Fund and the funds would be used to maintain appropriate air quality levels in the Ukiah Valley. After some deliberation, Council made a decision that the Bicycle and Pedestrian Master Plan, and the use of some of those funds for grant matching funds, would be an appropriate way to satisfy the purpose and intent of the condition on the KMART project. A consultant was hired to assist staff in the preparation of the Plan. An ad hoc Advisory Committee was formed and a series of successful community workshops took place. The Planning Commission reviewed the Plan and made minor changes, which are included in the Staff Report...:,~iii~e gave an overview of the plan and reported that a positive response to t~:.. Pla...n...ili~'s voiced by community members at the Planning Commission's hearing la~iiii~Dt..;~?" The Planning Commission recommends the City Council adopt the ~..t.~:;and ~ili~..t..i.ve Declaration. Even though this matter is not a Public Hearing, ~iiii~omme~iiiii~~cil open t~' meeting for discussion from the audience regardin~ii~'eir Mike Jones, a consultant with Alta Transportatio~iii~?:presented a §:~~:"of the plan through a slide presentation. He thanked st~ili~iii~. Advisory Com'~'~'~tee for all their assistance and input. He advised that bicy~i~iiiii~ii!i~alking are the two most preferred forms of exercise in the United States..:~iii~:':~'ne~ii~j~.S..iS was conducted with public workshops as well as spending time in t.b....e..::ilf, ield as~i~iii~._.s, ting conditions for walkways and bike lanes in the communi....t.~{~?~iiiiii.i.i~.i.i~i~.Cusse~::iiii~.ili~:~ls and objectives, existing conditions, circulation strategy, ..t::~iii~~ii:~iii:~i~...g. n an~:ii~rformance standards, and the implementation and financing 0.~::i~:~ ...... Plan:~;iiii?~i~i.i~~D..t.:.i.~alysis was reviewed and attention was given to where safety.:~i!~prove~hts":~i~ii~ii::i~ade. The bicycle activity corridors were also identified as.::~ii as pe.....~:Strian ~i~i~ii:~, areas and this will assist in making functional improvemen~!!iiii?iiiii~0me ~ii~he mai .e...~il.ii~Ssues that Ukiah must address to become a bicycle and pedestri:~ii~'iendly.:~~ are s~, access, quality of life, an effective implementa.....!.ion program..,.~i::ii~d~ation s~!~.,..~::::i::i~'rcement, engineering, and to obtain Ukiah's f~:i~ii~re of fu.n...:~!~iiiiiiiiii~e expe~?~!~fits of the Master Plan would be to save .................. =========================================== lives, pr...~i!~:..e, ded f~!i~i~ii~....n...d serv'i:~§:~,:::;'~improve quality of life in Ukiah, and to have addition~:i:;~ii~~i~..r imp'i~i~i~.. He discussed funding sources and the process of identifying t~ii?i~iii!i~i.ects f~ili~ii!i~ster Plan, with criteria such as servicing schools, providing re.~[~i~iiiii~.?its, "~iiii~'rving employment centers. The top five proposed projects w.....~i~i~~iii~!iii!~:..) N0=~hwestern Pacific Railroad Trail, 2) Clay Street-Peach Street-.G~Sson ...... CreeE?~ii~i~i;:~;.3) The Gobbi Street corridor, 4) the Western bikeway corri..d~:i and 5) Orch~aii~'ue-Brush Street corridor. H....~i!i!i~:iscussed bicyc!~iiii~arking and other facilities which can be implemented with new ~!:....o. pments over..::~iii~eriod of time. The pedestrian improvements focus on the downtown ~~.!an dis.t.:[i:~ii::-~uch as design guidelines, an arterial street crossing program, and ~~~[ii~{~;:enhancements. A funding and financial strategy plan for the City was ~~i~hg that cities traditionally do not rely on General Fund money, and felt that the r~'~j~)rity of the funding would be derived from Federal and State sources. He discussed the 5-year strategy for the main projects and costs involved and identified the Northwestern Pacific Railroad Trail as the most costly to fund. Discussion followed concerning funding sources, such as TEA-21 funds where counties February 17, 1999 Page 10 have more discretion as to how the money will be used. Mr. Jones advised that they operate under the assumption that cities are strained financially and stressed the importance of planning ahead for projects, noting that outside funding sources require a local match in funding projects. Senior Planner Stump advised that the Plan is not a direct policy document mandating the City Council to implement everything in the Plan on a specific time schedule but rather a plan for the community to implement when funds become available. Some State and Federal grant funds can cover up to 85% of the total cost for improvements.:=~pvisioned in the Plan. He noted that Council's commitment to the Plan would be.".:i~:.the a.l:l~ition of 10% :::::::::::::::::::::::::::: .... ~ii::::~::~::~ .... matching funds as staff applies for grants. ..=:~ .... ~iiiiiiiliiiiiiiiiiii!iii?::...-~iiiiii~ .... Councilmember Baldwin queried staff regarding.==iiiiiii~=~=' disc~':~iiiiiii~i~ Mendoci~' County's Planning Department on the northern ext~i~ion of :::::::::::::::::::::::::::: .. ..:::::::::' ============================================= Senior Planner Stump noted that the County's Plan'~i~ii~p.,a. rtment was in~'i:{~"'~i to sit on the Advisory Committee, however, they were ..=~~~ and did not send a representative. City staff will continue commun."!~tti0~!iiii~i~iiiii~.,,m to coordinate their planning with the City's. ' ..................... "=:~::i==!!!~!!!::!!!i!?:i~i~i?:~::~i~i!ii::i:=ii!!!==~i .... Associate Planner Lohse discussed tb~iiii:=~*~[~i~:=~Mendo.'~° College as being a primary objective. Another route would=~::"para!i~iiii~:..~i~?:==[a, ji~ad tracks. An alternate (back) route through the vineyards:=~ili~:'Mend~:no '~!!~?~ould require an easement across valuable vineyard property..,:~==~ili~=' the la.~ becam.,~?~iSre valuable, the route dropped on the priority list. He report.~=i=!~aki .n..=:.,g...i=i~ith Mr<i~rd in he County's Department of Transportation and they are c~=ntly ....... w~!~g on..~i~=:circulation for the County. His staff is making a..:=[=,ecommendat:i~.t~ the C~:...~iiii~~ bicycle and pedestrian facilities that connect t~i!i~se that th~?~i~[-'~?has gen~{~i!i? .... There w~i~i!~~i.=.0n o{=~:.=~.!~ili~Bk Street to Bush Street route, along the creek, is not a priority and=~ii~iii~!~d the"==~iii~d be very narrow and cause safety concerns. The formula that..~~iii~~d for"==~!!~tion of funds to cities in the County was discussed. It was no~."d==:=~[l~=~'[:':l~lG~ii~s w(~ld not require matching funds from the City. ........,..- ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:,. ...... ======================================================== .... ii::::!::::::!r ' ==================================================================================== Pla~i~.~hg Commissi~iii?~=ennifer.,........ ......... Puser discussed federal and state grant funds real.ring 5% matchin~=i.:.furi=as. :.:.:,:.:.:.:.:.:.:. ~iiii~elly/Ashiku..=:~roving the Planning Commission's recommended changes to the ::::::::::::::::: .... ~~==ii~.:..n...d..~.~'~?ian Master Plan, carried by the following roll call vote: AYES: Libby, ~i~!~!:~iii=i:~i~i:'' Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: N ~iiiiii~iiiiiiiiiiiiii::i~::::~?~ ....... MIS AshikulKelly adopting Resolution No. 99-33 approving the Negative Declaration and adopting the City of Ukiah Bicycle and Pedestrian Master Plan, carried by the following roll call vote:AYES: Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. February 17, 1999 Page 11 Planning Commissioner Puser advised that Federal and State government funding sources have found that it is cheaper to allocate some of their transportation funding for bike paths, rail, and other modes of transportation other than highways. Prior to applying for any grant funds, a Plan must be in place, especially with the California Bike Lane Account. At the State and Federal levels, more money has been appropriated each year. At the local level, MCOG has more jurisdiction than ever before, and noted that 5% of this money will be allocated toward bike and pedestrian paths. It was her opinion that the Plan should be implemented within 20 years. .,::E:!:~:~::" 10d. Approval of Agreement with Mendocino C~gunty f..:~!!?!?!i~~:" Parking and Authorization of the City Manager to Execute?~ Community Development Director DeKnobloug~iiiiii~Vised ..:~iiiiiii~~ upon pr.i~' direction by the City Council, staff pursued negotiatiOns'with Mendocino County Courts to complete an agree~.t for ~.t..~:~'~provisi°~ii~i~ii~,ing within the Downtown. Obtaining an agreement ~ii~iii~'0unty to prov'i~iiii~i'ng for individuals visiting Ukiah in order to perform their jury~iii~!i.g...ation has been a long term goal of both agencies. The specific number of jur0[~iii~6~!~!~i?~ip...::arking will vary from day to day and from trial to trial, however, the Count~i~'as t~:~~ii~::..participation through 1998 and estimated that the average weekly nu.~:?: f juror~::'"~~ii~. approximately 42, but the actual daily number may vary. In ac~~~i~ith the":~~'ent, the County will provide the City with monthly reports o~i!i~::::::~~!ii?ii~:er of..~rs called and the City shall bill the County quarterly at the rat~i~i~"$.50 ~::~i~?~?"which is based upon the County's attendance rate during I~B. The.:~0rs'"~~iiii~:Ve instructions and a map outlining the areas where they ca~::i[~k. Th.e...iii~'rea exc...;!~d~d would be the 90-minute time zones which that are bounded b~ii~, He~i:' and CI :a....~i~iStreets. The other parking around the perimeter of that core and !~:"term.............. ~iii~tere.d.::~king, is currently being used by the jurors and..:.~i~hey can co:~i~:::: this uS.."~ii~i~::~.::i~ parking permit. He discussed the permittin.~iii~iiiii~::i~ parki~.g...iii~~~ in par~i~:i:!~i~ii~:~or the Grant Jury. .... :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .... '::i~:~!i~::~::~i~i~::iiii~!i::!iiiiiiiiiiii::i::iiii!?:~ .... Eric Lab~~ili~i:.~iding ~~!~!~o. urt Judge, thanked staff for working with the County -.:,:.:.:.:,:.:.:.:,:.:,:,:,:.:,:.:,:.:.:.:.:,:.:.. -:-:-:.:-:-:-:-:.:-:.:-:-:-:.:-:,:-:-:-:.:.:.:.:,. and the Co~i~i!i..:t~ii~k..out a~ii~:i~~ent for juror parking. He noted that judges have ================================================== wanted to ha~ii~ii~{~g for":~~:i' It has been disruptive for jurors to leave the court to put mo...~i~':"jS'~:~i~ii~..:S, or t~" move their vehicles. He noted that previously, some jurors.::~-~ked in the '~~al zones in the downtown area, taking away parking from mer..c.:~.~nts.............. He is ve~::::ii~ortive of the new parking arrangement and hopes it will re~iize the downto~?~ai~a. -...-.-.,...-.-... .:.:.:.:.:. .......... ..:.:.:.:.:. ,:.:.:.:.:.:.:.:.:.:.:.: ........... ~~ssion fo~0~a concerning parking problems in the downtown area involving ~!~.s pa.~i~?:!ih front of businesses and jurors utilizing parking spaces closer to the ~~~iiiiii.?!ii.ii.~i~'ployees are encourage to park in parking lots and an agreement was m~?~~'h the County allowing their employees designated areas in the parking lots. With these agreements in place, it was felt that parking problems are beginning to diminish. It was noted that with the new parking agreement, there should be less parking tickets, therefore a decrease in revenues. MIS Kelly/Libby approving agreement with County of Mendocino for juror parking within February 17, 1999 Page 12 Ukiah Parking District #1 and authorizing the City Manager to execute the agreements, carried by the following roll call vote: AYES: Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. Recess: 8:45 p.m. Reconvened: 8:50 p.m. 10e. Approve Issuance of a Request for Quotations for a Citywi..d.,~i~?Computer Hardware/Technology Needs Assessment and Plan ;:~::iii:iii~::~ ....... ...:~!::?? .... MIS Coordinator Paulette Klingbeil advised that she is .~equesti~iii~i~iii~:~3uncil approval to issue a Request for Quotation (RFQ)for a Citywide R~:ass~~ii?i~.d plan specifi:...C, to computer hardware and technology. Currently, th~iii~i'~y of Uki~iii~ii~~i~g the Pol.i~:' Department, utilizes computer hardware that is ve~i?i~:uch out..~'d. the personal computers used by City staff are of th~!i~86 cla..S'"~:~'' The se~i~!i~'.~"the first generation Pentium class, and the remaining thir~ii.i~i!::.~~: second gen~i~ili~:~ntium class. Of the total computers in use, excluding Pub'i~iii~~...approximately one-third of the total are connected via pier to pier network!:~!~:~i::ii~iiB~~:..r.., the PC's suffer such degradation of resources that it is more efficient for ~m nOt?.~iit~i~to our network. There '::: :i:: :i:i.....::!:!:!:::!:!:!:i:!:!:i:!::... are minimal E-mail capabilities to both send and..:::~i~e. Win~iii~!.ications are almost non-existent, and use of the Internet by ad~!~!!~ii~..taff is I m~t~:"to a single machine. These handicaps severely impact our abi~t:'iii~§::::~:~::i~ii~~with regiments, businesses, and · ;::::: :"' i: ::::::: :i:i: :::i::: :::::::::::::::::::::::::::::: ..::::i:i:: other governmental entities as many .~ifl' not u~:'":t~iiiii~~l~?:~rvice anymore, requiring .,,...,...,. .:*.::::;::' ?~:::::::::::. ========================================= electronic mail for communication .i~tead. ::~!~i:?was'~i~i~ion that a comprehensive analysis of the City's technologica!:~i~:ls is .n......~ssary:.~::iiiii~'~velopment of an overall picture of the requirements and desir~iiii~?:~he v..~iSus dep:~'ments and incorporation of these components into an implemen...:.~fibn pla~iii~[!.l pro...~i~" the most efficient resolution to this situation and:::eliminate.:.:.:.:.:.:.. ..... mi.~ii~ion andiii~~~y. Improvements will entail significant expenses.::~ili~:~ery as~.i.~.i~ syste~iiii~iii~' evaluated prior to new purchases. She did not k'~iiii~::.the ~iiii~ili~::.asses'~:~'~'nt and plan would be, however, in speaking with a con~'~~iii~::was ~ia~iiii~i?~:.0..uld be approximately $10,000. An assessment and plan will enal~i~iii~iii~i!~::!o cl~i~i:i~i~here we need to be, technology wise. City Man..:~"'H(~i~l~iii~i~:.,.ed ...... th:at currently the City only has Internet service on one compu..t:~!:~::''............ ...... Many age~.ii~ii~:business are only providing their information through the Inter::~. E-mail mes~~?:?.are received on that computer and a staff member has to ret~i~ all messages, t~n.....,,, distribute them to staff. Before the City embarks on upgrading th:~iiiiii~;.ystem, an ass~'ment of the current situation needs to be completed and the f~~ii~n of a Pla~i::ii~i~"the City to work toward in the coming years. ililililililililililiiiiiiiiiiiiiiiiiiiiii:~:~:~.~ ....................... ~:~??:.!::iiiiiiiii?:i~ C'~..I.:~~~"Kelly suggested staff contact the League of California Cities Library with re~:~ai~iii~:~rces available from other cities concerning similar assessments and plans. She discussed the option of staff conducting a survey of needs rather than hiring an outside person. She commented on the recent upgrade of the Police Department's computer system. MIS Coordinator Klingbeil discussed the Police Department's upgrade and noted that February 17, 1999 Page 13 mistakes were made and it has been costly to get back on track. It would cost less to have a staff member do the study, however, it would create a hardship on that person to attend to their daily work schedule in addition to completing the study. She recommended the consultant should not be a vendor. Discussion followed concerning the need to be on the cutting edge of technology. Consensus was that an adequate assessment is vital and that the consultant not be a vendor. It was noted by staff that most staff members have basic computers, and do not have the capability to E-mail each other or log onto the Internet. It was noted....:~i~at staff has signed an agreement that they will only use the Internet at City Hal!:~i~:r bu....:~i~SS purposes and not for their own personal use. The efficient use of se.:pding d~~" ..................... via E-mail was ............... .:.:.:.:.:.:.:.>:.:.:.:..-.:.:.:.:.:.:.:.:.:.:.:.;.. .:iiiiiiiii:...'iii~iii~i ........... ::i!i::i::i:::.~i!i!i!i::iiii!ii::!i!i!iii!::!i:!!!!::~ .... .;!!!!i!!!iiii!i;;::" ===================================================== .... · r i ' .?:? . .-.:::i::i?:i?~::i?!~i~::iiiii?:iiiiii?:i::iii~ii~ ........ MIS KellylL~bby app ov ng ~ssuance of a Request for...iii~uotat~on.:~ii~:r a '~i~~::.:..Co .m.::~er Hardware/Technology Needs Assessment and Plani~!~i~rried ~i:'~'he follo~?~i~iiii~:;0te: AYES: Libby, Baldwin, Ashiku, Kelly, and Mayor Ma~!~iiii~iii?~ES: None. Aa~~?"None. ........................... ............................... ..::!:!:!:!:: .... ::~:i:i:i:i:i:i:i:i:i:i:i:i:i:i.':.:i:i:i:i:~:i:i::.. ............ 10f. Discussion of Citywide Y2K Planning Re~rt .... ~?:ii~iii?iiiiiiiii?i?iiiiiiiii!ii!iiiiiiiii?i!iiiiiii?~iiii::i~ Assistant City Manager Flad updated the City..~i~i.! on the::~~~i.i..of staff's Year 2000 (Y2K) compliance efforts. The Y2K Program.~::i~ii~~i!~[.g. ely on"~iii~6'mpliance guidelines provided by the State of California Offic~::~i~.f..-iiiE~:~~~i~ii~.rvic~;~:OES), and the State of California Department of Information ..~i~hnol0:~?~~!~iiiiiiii:i~:?'is divided into six action items: Training, Assignment of a ..... ..... ~K ..... Co~a~inatO'F!iii?iii~~iiance. .... Plan Development, Compliance Plan ImplementatioBii?:~i~011abo~fion wit~i~iiiiExternal Service Providers, and Awareness and Communication..~ii~iii~eco~ndatio~ii~f ....... OES and DOIT were combined, adapted, and in some cases Si~i'ified t~iiii~et th.~::ii~"'ecific needs of the City of Ukiah. ... :.:.:.:.:.:.:. .............~............ . .-............... ....... ............ ....-.....-...............-.... ................-.....- ................................ ...-.-... .:.:.:.:.:.- :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. i!i::::i ....... :::::::::::::::::::::::::::: :?:~ii:?:~' i~::ii~::~i!::!:::-~!i?:!i!i!ii::!::!::!i!i!::!i!::ii!ii::!::!::i::ii~ .... A Y2K Ta~ii~.:.ce has ~ii~inted ~!~iiii~l~'des the City Manager, himself, and staff .............................?......... ?................................................... .............. ............. memberS..'?~i~iii~h de~~i!i?:~.:..He ......................... rep~'i~'~d that Rick Paige, of Mendocino Emergency Services ~~!~i!?~ii?:~.as ......................... pi~i~iiiii~i...ning to staff. Mr. Flad reported that, as the Y2K Coordinator,"::~?~ii~?~ii~ponsilSt~iil.i~i.i.~rdinating ........................ internal and external communication, increased Y2~:~~s., and't~iii~rdinate collaboration with other agencies. ............................... ............................... .-.......... -.-...-.-.-.-.-.-., ....-.-.-.-.-.......-., -.-... He di~§'sed the Y2~iii.i.~!~ing Calendar which includes Assessment, Compliance Eval~iSn, Prioritizatio~ii~ii~ifical ........... Systems, Vendor Certification, Compliance Testing, and Co~ency Planning. ..... :~i~e ~'lso discussed post Y2K evaluations. Most of the inventory is ~~te and many it~ have been tested or proven to be Y2K compliant. They will now p.~D~ the servic~::ii~:;stems and will begin testing the more critical systems of the Police , ~i~iiii~..!.e...r.~..~:~iii~Wer Departments. Their goal is to have all systems Y2K compliant by ~i~~~',i~',ii~:i'S year. ........... .... He reported that the City's Accounts Receivable program is not Y2K compliant and is currently being upgraded. He discussed the domino effect to other accounting systems in the City. A contingency sub-committee has also been formed to look at ways to manually override systems or have a contingency plan in place to be ready in case of an emergency. With the goal of providing safe and reliable service, the City will staff a Y2K Operations February 17, 1999 Page 14 Center on New Years Eve and New Years Day. While staff is working to prevent any interruptions in service, personnel and contingency plans will be ready to implement rapidly should a problem occur. He advised that the City Manager has notified all Department Heads that no vacations will be allowed during the Y2K roll over period. He advised that both OES and DOIT recommend collaborating with community partners. Externally, staff is coordinating with the Chamber of Commerce Y2K Task Force, MESA and major service providers. Public forums have been conducted with good citizen response and more are planned. Staff will prepare press releases for the Ukiah Dail.~iii~ournal and continue to work with MESA, the Chamber of Commerce, Mend~::no ~'ty and local ..:,:.:.:.:.:.:.:.;. .............. service providers to keep everyone informed. =========================== .;;::::::::::-' ..:::, :.:.:.:.:.:.:.:.;.:.:.:.:.:.:,:.:.:,:.:,:.. .,.-.,.,.-.-. .:.:.:.:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.. Patrick Bernstead, Ukiah resident and represent.~:ii::i::;f th'~?,~iiiiii~S, discuseS' '::~ ::~: :~:'~ ':L.' ':' ~:~:~:~:~:~ ;:'::.__ preparation for Y2K with regard to disaster prepared~:Ss and is advising residents to prepare for a week withOUt se~~'', remoteness to other cities in California which suP~iii~~:"goods, he would be more realistic. The Red Cross has initiatedli~?~i~.pt-A-Neighbor Pi:~3gram and is working with Rick Paige, as well as getting people c...~{iii~~iii!...o be Red Cross/Disaster Action team members and be qualified to call in any.:(~:§oui~iii~?~i~.ross has that the City or County may not have. It would be good if the .~:!..t::y~.ad a c~!~~y:,.plan so that Ukiah could produce a minimal amount of electric.!:.:t:~ii~!~:i:i~. G.&E::?~!!i:ii~?:~Upply electricity for any period of time. The Red Cross wou[~iiii!i!~:-'~iii~!?~~ly inv..~i~bd, especially with the Operations Center Plan. They usually 0~h"the s.~i~iii~ii~~ like to have six different shelter areas available in Ukiah est~!i§hed...::~:' fel~'~!~iii~ii::Red Cross is not entirely in the loop of things in the communi.t:y~ii~bt that,i~?:Subject:i~:::~ange in the near future. ............. .,:,:.:.:.. Consensus of the Council w~ii~ appr~'the C!:t...~ide Y2K Planning Report. .............. ..................,.........:.:.:.:.:.:.:.: .,:., .:,:.:.:.:.:.. .:.:.:.:.:.:.:.;.:.:.:.:.:.:.. , ....:.:.:.:.:.:.:.:.:. .... ~ .... ............. ............. ' ...................... :i::~::~i~::~::~::i?:~::i?:~::i!~!i::~!i?:i::~iiii::i::~ii::~;:iii::~ .... "::ii!iiiiiiiiiii::.. iiiiiiiii! . .:.:.:.....:.:.:.:.:.:.:.:.. -,~:..:.:.:.:.:.:.- 10b. Co~:...ration 0[i!~.nsat,o~:i~:.~ii~y'Clerk Compensation and Approval of S~~i!~.e n d~?!iiiiiii!iiiiiiiiiiiiiiiiiii~iii::~ .... · ............ Mayor Ma~i~iiiii~i~d of t~iii~i~i~i~!~.rney if there would be any constraints with the City Clerk taking tl~iii~i~es on .....-...............,.....................................,......... ...:.:.:.:.:.:.:.:.:. City Atto~:~:RaiS'~&~i!~a~d that:::there would be no constraints as the City Clerk would ..::!:i:!:i::" "::!:!:!:!:i:i:i:i:i:i:i:i:i:i:!:i:!:!:i:i:i:i:i::. not be ..~l~ing the ...... :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ........,... ...... .:.:.:.:.:.: :.:.:.:.:.:,:.:.:.:.:.' ' :.:.:.:,:.:, . .................. ............ ....... :.:.:.:.:.: :.:.:.:.:.:.:.:.: ....... ,:.:.:.:.:. :.i.i.?.?.' Ci~i.~:anager Horsley....i?~dv'ised.......... that in 1997, the City Council wrestled with the subject of h~!i!i~0 compensate :~?increase the compensation of the City Clerk. At that time, the c~:nsation...~............................., for..~:?City Clerk had not been increased for seven years. Much of the c~~iii~...r....r.....o.:.:~!~{I this matter related to the amount of time the City Clerk was in the o~i!i~iii~i!~§'i'e to the public, the fact that it was an elected position and what criteria w0:~i~i~ii~l to determine a salary increase. In 1997, it was agreed upon by the City Council, City Manager, and the City Clerk that since the City Manager worked so closely with the City Clerk, that they would meet and discuss various issues. The City Manager would then present a recommendation to the City Council. At that time, Colleen Henderson was City Clerk and left the City prior to the annual discussion. Marie Ulvila has been City Clerk since June, 1998 and since that time she has proved to have excellent skills and February 17, 1999 Page 15 demonstrated great professionalism. Many comments were received from the public regarding her quality of service. She is very innovative in her organizational skills and has prepared an operational manual for the City Clerk's Office. She keeps staff informed of matters and cooperates with staff members. The City employee units received 4% for the 1998 year, partly because they did not receive an increase for two years due to a budget crisis. The City Clerk's position did not receive an increase until last year when the City Council made a decision to keep the salary in the same range as an administrative secretary salary, on an equivalent hourly basis. This would require a Budget Amendment in the amount of $434 for the remaining of the fiscal year. Councilmember Libby advised that, as a new City Co.u...::ncilmem...~i::;::~!~::has found City ;.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:.-..:.. Clerk Ulvila to be helpful and pleasant to work with...:~i::ii~iiiiiiiiii??~ii::i~: .::[:i:i:i:i:i:i:~:: .... ::.;!i!i!.;!i!i!~!.~- ============================================================= .::i:i:i:!.- MIS KellylAshiku to introduce Ordinance the Ukiah Municipal Code regarding City Clerk Co~:....ensati:~:;'~ carried'lS~i~i~?~!~!~OUS City Clerk Ulvila read the Ordinance by title only. MIS KellylAshiku to introduce Ordinance of the ..C...:i:.t...y..:~i~.0uncil d~ii~iii~i!!~iii~f Ukiah Amending Chapter 3, article 5, Section 350 of the ~!~ii$~}:..cipal C'~ii$1$i..R:i~garding City Clerk Compensation, carried by the following ro...!~!i~ff~ii.i!~~.; Libb..:~?:Baldwin, Ashiku, Kelly, Mayo Mastic. NOES' No e. ABg A N' :':':':':'.' . :':':':'.' · :::::::::::::::::::::::::::::::::::::::::::::::::: ........... ..... . .... .......... .......,. .:.:.:.:.:.:.:,:.:,:.:.:,:.:.:.:.:.:.:.:.:.. v...-... . ......., ·..:.:,:.:.:.:.:.:.:.:.:.:.:.:.:.:.:. :. .......... .......... ................... .......................... · .-.'.-.-.- . ........... ..... ;,:.:-:-:.' .:.:.:,:.:.:.:,:.:.:.:.:.:.-.. 10c. Approval_ _ of Stipulated O..r:..~?"Of Coffi~liance..........._ .........:~hd Agreement No. 99-01 for the Completion of Final Cl0~i::i~nd ~t Closu:[~!:::Maintenance Plans for the Ukiah Deputy Dire...~:.tor ....... of Publi~iii~:~s Sean~i!~~iiiffiat the Stipulated Order of Compliance ..................................................... and Agre.e..~B.t.. No. 9~i~iiii~i~h sets ~?~ii~pletion dates for the submittal of Final Closure :~i:i~!~:!osu'~?~~~:pce ......................... Pi'~'"for Ukiah's Solid Waste Landfill is submitted for Council-?:~i$i$i~~:.a.I. A:gli~i$!~!~... by Solid Waste regulations promulgated by the California Inte'~~i~g....ste M~i:~~t Board (CIWMB), final plan documents for closure and post-cl.0...:~i$i!~i~~nce "~:i:~:"be submitted to the CIWMB two years prior to the anticipated.'::ii::~:6'§ui;~::~:,d~t'~iiiif:. ~i~..t. he L~i'ndfill. The closure date for Ukiah's Landfill will most -':':':':': .... i:i:i:i:i:i:i:i:i:i:i:i:!:i:i:i:i:i:!:!:!:!:i:!::.. ...... ...... likely m...~ ...... ...... to Novemb~$i~ii~i:)m the established date of May 2000 because of potential delag~ii~i0 the completiO~i~:~}iii~lq'e pending Solid Waste Transfer Facility. Due to staff work ................ Ioa~iiii~d other higher p~ritg' projects, the process did not meet the deadline of November !'!'!'!'i'i'i'!'i'i'i'!'i'. ":':':':':" ............... .............. i'i'i'i'i'i'i'i'i'i'i'i'i'i'i': -':':':':':':" ................ ............., :.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ..:.:.:.:.:.:.: A."'-~ili~iiiii~:...e.....S...t..:.9~::ii~Local Enforcement Agency (LEA), Staff submitted a schedule outlining n~iii!~mi~~i::::f6r the submittal of the required plan documents. He discussed the time ................................. lind:~::.f~i~l~Request for Proposal (RFP) and completing the documents. He noted that failure to comply with the deadlines contained in the Stipulated Order may lead to the imposition of a civil penalty. The Closure and Post-Closure Maintenance Plans are planning documents and their purpose is to provide a basis for the Landfill Operator to establish a detailed estimate of closure and post-closure maintenance costs which are certified by a registered engineer or engineering geologist. The City's Preliminary Closure February 17, 1999 Page 16 and Post-Closure Plans were accepted by ClWMB on May 2, 1994. Staff's current estimates for closure and a 30 year post-closure maintenance costs are $1,586,200 and $2,402,230 respectively, in 1998 dollars. MIS LibbylAshiku approving the Stipulated Order of Compliance and Agreement No. 99-01 for the Ukiah Solid Waste Disposal Site #23-AA-0019, and authorizing the Mayor and City Manager to execute the document, carried by the following roll call vote: AYES: Libby, Baldwin, Ashiku, Kelly, and Mayor Mastin. NOES: None. ABSTAIN: None. ABSENT: None. 11. CITY COUNCIL REPORT~ Councilmember Libby had nothing to report. Councilmember Baldwin advised that he has difficu~?~ttendin..g..ii~' of Commerce meetings at 3:00 p.m. due to his w~:..sche..:~i~e. He Councilmember be appointed to attend in his ii~iiii~~. Councilm~~Y:'" Libby volunteered to attend the meetings. '~::::::::.iii;iiiiiiiiiiiii;iiiiiiiii;iiiii;i;ii ........... .... ~i~i~::~::~?:~::iiiii::!::!iii!::!::~i!?:~::~i~i~ .... ..:.:.:.:.:.:.:.:.:.:.:.:-:.:.:.:.:.:-:.:.:.:.:.:.:.;. ............................... He reported attending the Mendocino County I~i~;3d":=~i~iiiiii~d Power Commission meeting. There was open discussion regarding..::~:~~asing t~i!ili~~iii..::Valley project. The Commission discussed whether they shou.[~~i~er $100::~::bn an Army Corp of Engineers' study or to encourage a stu.~,~iii~:~:~'~i.!i.~i.ii.~.m..H.'~:?~)rojected that the City Council will most likely need to discuss.~:?h3atte.r....~;=i~::~iiiii~?i~!~. The Steiner Ditch was also discussed. He noted that the Fe~al Ene[~ Re~!~i::~Commission (FERC) will be releasing the Environmental Impa~ili~!~teme:~i~:i~'EIS)s~i';';""'it.......... was reported that the Forest Service would like to control the!iiil~:l at La~ Pillsb~' to protect the bald eagle habitat. ,:.:.:.:,:.:.:,:.: :.:,:.;.:.:.:... .-...-,,...-.-.-.. .............. .......................... ................ ::::::::::::::::::::::: . :'!'!'!'i? ....... . ............ . ....... , .....,.......,..... ..::i!i:; iiiiiiiiiiii" .... !::. .;?:i::i??:~i~!::.. ii~i~i~::~i .!:i:~:!:!:~:i-~:i:i:i:i:i:i:i:i:i-i:i:!:i:i:i:i:i:i:i:!:! .... Councilm...~ber Kelly~iiiii~~ed mee~i~?ii~i~;?Uayor Uastin and Uendocino County Supervi~iii~~ak~i~i~:::i~i~? tod~:~:~i~:i:~entifying a number of issues that the group would like t~ii~!~iii~...::.. The~:~!!iii~~:....u. e to meet on a monthly basis. They discussed tax sharing agree'~~.ii~:~..what {~!~?i~~l interests are as well as their concerns for fiscal impacts. It .!~ili~!~!~!!iiii~ii?~[edict'::~iii!~ffects ..... on all parties and continued discussions are anticipate:~ilili?.i~'&i~;~iiii~!~::=;~::..disc~i§sion of the 60 foot strip of property along Low Gap Road w:h~h is owned'::~?~i~ii~i~unty ..... and has been under consideration for a Skateboard ....... . .... :.:.:.:.:,:.:.- ..... ................ .~::~?::. ..-...,,-.-.-.-. .....,.......... .:.:.;.:,:.:.;.:.: ..... T~!ii~kateboard ............. Park.:~'mmittee met and City staff members were present. P.A.L. (Police Am~. League) .~:" made available a 20'x50' indoor ramp area and they will work with t~iii?i~~.~.[~::::i~ Committee to set up a temporary facility indoors. Those using the a~i~!~ii~iii~:"fee and become members of P.A.L. The fee would be shared by each gr~i~iiiii!iii!~;?~°ted that Justin Capri, owner of the Freedom Skate Shop, set up a clay platform in his shop whereby kids could design their idea of a Skateboard Park. The clay model will be on display at the Civic Center. She noted that Jim Lacey has been assisting with the architectural drawings for the Skateboard Park. Mayor Mastin had nothing to report. February 17, 1999 Page 17 12. CITY MANAGER/DIRECTOR REPORTS None. 13. CLOSED SESSION 9:50 p.m. a. G.C. 6_54957.6 -Conference With Labor Negotiator Employee Unit: Fire Unit Negotiator: Candace Horsley No action taken, ,;;i::.. b,G,C, §$4955,8 -Conference With Real Property Ne.~tiato~? Property: F.A.A. Building .:~}~}~}~?:~:::~? .... Owner: Community Air ~~ Negotiator: Candace Horsley .:~::~ ~?~?:~? Under Negotiation: Price and Terms ~::ayment.:~::~ ................................................. ================================== .... ============================================================================= --:.:.:.:.:-:.:.:.:-:.:.:.:---..:.::::~ ............ R~ardin~ ~ndin~ Uti~ation - 8i~nifi~h~~~uro to Liti~ation~ 1 ma~er ~? ...... ~::::~:~~?~::~ No action taken. - ................ "::~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ .... .-:.::~:~:~:~:~:~:[:[:~:~:[:~:~::. ::::::::::::::::::::::::::::::::::::::::::::::::::: .... ~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~:~ .... "::~?:~::~?: ..... ==================================================================== There being no fu,her business the m~ing :30 p.m. ............................... .................. ................................................... ======================================== ======================================================== "::~:~:~:~:~:~:~:~:[:~.... ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:............. ~:~:~:~:~:~:~:~:[:~:~:~:~:~:~:~:~:~:~:~:~:[:~:~:~:~::.. ====================================================== ..:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. '.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. ====================================================== -.:.:.:.:.:.:+:-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.. .................................................. 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Sa DATE: MARCH 3, 1999 AGENDA ,~I,IMMARY REPORT SUBJECT: DENIAL OF CLAIMS FOR DAMAGES RECEIVED FROM CATHY EDMONDS AND KATHLEEN MCMINN, AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Cathy Edmonds was received by the City of Ukiah on February 9, 1999 and alleges damages related to a power outage on February 7, 1999 at 710 W. Smith Street. The claim from Kathleen M. McMinn was received by the City of Ukiah on February 18, 1999 and alleges damages related to a power outage on February 15, 1999 at 620 Joseph St. #4. Pursuant to City policy, it is recommended the City Council deny the claims as stated and refer them to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Deny Claims for Damages received from Cathy Edmonds and Kathleen McMinn; 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 Claimant Michael F. Harris, Risk Manager/Budget Officer ~ ,'[~'-~'.-'~ Candace Horsley, City Manager 1. Claim of Cathy Edmonds, pages 1-3. 2. Claim of Kathleen M. McMinn, pages 4-6. aPPROVEd: ~ ~~ Candace Horsley, City M~nager mfh:asrcc99 0303CLAIM e e e . NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIF This claim must be presented, as presc~fbed by Parts 3 and4 of Division 3.6, of State of California, by the claimant orby a person acting on his/her behaff. RETURN COMPLETED FORM TO: CiTY OF UKIAH le CLAIMANT'S NAME: CLAIMANT'S ADDRESS: . Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box State Home Phone Number ~f the Government Co FEB 9 1999 CITY OF UKIAH CITY CLERK'S DEPARTMENT Zip Code )_ Work Phone Numbe~"-- PERSON TO WHOM NOTICES RE~ARDING THIS CLAIM SHOULD BE S~ ENT (if different from above): Name k . - Number/Street and/or Post Office Box ' ' - - Telephone P~CE OF ACClDENT OR OCCURRENCE: _ GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (A~ach additional page(s), ff more space is needed). NAME(S), if known, OF ANY PUBUC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: Se WITNESS(ES), ff known (optional): Name a. b. Address Telephone Se DOCTOR(S)/HOSPITAL(S), ff any, WHERE CLAIMANT WAS TREA TED: Name Address a. b. Telephone - t - 11. 12. 10. GENERAL DESCRIPTION OF . h THE INDEBTEDNESS, OBUGA-T-ION,.INJURY, DAMAGE OR LOSS so far ~ " ~-.~, e time of presentation of the claim: ~ STATE THE AMOUNT C~L~.IMED if it totals less than ten thousand dollars ($10,000) as of the date pre..s, entation of the.. claim, i..~cluding the est/mated amount of any prospective injury, dama e o ' as it may be ;~.nown at the ti'me of the presentation of the claim, to ether ' . .g_ r Ios. s. , msofa~ _ g w/th the basis of computation of th~ amount claimed (for.bomp:utation use #12 be/ow). However, ff the amount claimed exceeds ten thousano dollars ($10,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Supedor Court. Amount Claimed $_ !, ~.~'-~, ~ ~ _ or Applicable Jurfsdicb'on 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 foc 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 claim must be signed by the claimant or by some person on his/her behalf. A claim relating to a cause acfion for death or for injury to the person or to personal 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. 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:- '~ ~ I ~1~-~ ~ 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 maybe 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 interpretab'on of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 CRAWFORD'S VCR REPAIR 1128 SOUTH STATE STREET UKIAH. CALIFORNIA 95482 Telephone (707) 468-1371 FREE ESTIMATE 70765 - . DAYS WILL BE SOLD FOR SERVICES RENDERED "O EXCEPTIONS ~O _'-'~ ..... '~ 71'~"~'~1 RE-INSTAL~TION AND PARTS, ~F U~N CLOSER SHOP ANALYSIS ADDITIONAL REPAIRS ARE NEEDED. YOU WILL BE CONTACTED FOR -- ,,,, 30 OAY LABOR. 30 OAY 'PARTS GUARANTEED ON ALL WORK PERFORMED NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALl This clahn must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Slate of California, by ~e claimant orby a person acting on hi.s/her bohalf. RETURN COMPLETED FORM TO: le CLA IMA N T'$ NA ME: CLAIMANT'S ADDRESS: , e CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Nurnber/$lreet en~or-Pos! Ol'fice Box' City ~tata Home Phone Number CITY O~ CITY CLERK'S DEPARTMENT ZSp 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 Telepl~one City State Zip Cocle 5. PLACE OF ACCIDENT OR OCCURRENCE: 6. GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Affach additional page(~), ~ more ~pace is needed): - - - ~ ~ . 1/ ' 7. NAME(S), ff known, OF ANY PUBUC EMPLOYEE(S) A~EGEDL Y CAUSING THE INJURY OR LOSS: 8~ WI'I'NESS(ES), if known (optionaO: Name Address Telephone b, . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: Name Addre.s~ a. b. Telephone 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBI_IGATlO~, INJURY, DAMAGE OR Loss ,,s?~ far a~ it may~e known ~t the time of pm~en~ationi~c~d th claim' ~ n ~o ~ ~ ~ ~ ~ ,/~" ~ ~ ' ~ _ . . .... , , ...... , ~1. 5TATE THE A~OUNT CLAIMED if it tatal~ less than tan thousand doila~ (~¢O, OO0) a5 ~f the date of p~sentafian of/he claim, including the esfi~ated a~ount of any ~m~ctive inju~, damage or I~, insofar as ff may ~ hnown at the ti~ of the presentation of the claim, logether with the basis of computation of the amount claimed (for computation use ~12 below). Howeve~ E the amounl claimed exceed~ ~en lhou~and dol/a~ (5 ~0,000), no dollar amount shall be included, but you must indicate whefher the jurisdiction over the claim would be in Municipal or Su~dor Coud. Amourrt 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: S~cial damages for.. Genera/damages: $ b. Estimafed prospective damages as far as known: Futura expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damage ,;; $ Prospective general damages: $. This claim must be signed by the claimant or by some per=on on hi=/her behalf. A claim relating to a cause of acfion for death or for injury to fha per, on 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 =hall be presented not lafer than one (1)~y~/afler accrual of the cause of action. ~/ SI~IA?URE'OFCLAIMANT(S) Received in the Office of the Cify Clerk this /~ dayof NOTE: This form of claim is for your convenience only. Any other type of form maybe used if desired, as long a,~ It .satisfies t~e requirements of the Government Code. The use of this form i.s not Intended in any way 1o advise you of your legal rlghLs or Io 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. RADIOSHACK 01-3258 PEAR TREE CEHTER 522 E PERKIHS ST UKIAH CA 95482 (707) 462-0505 VOID VOID VOID INVOICE: 0z18098 02/17/'1999 !2:56P HJZ FOR ALL SERVICE INQUIRIES, CALL 1-800-867-3783 SKU NO. DESCRIPTION QTY. PRICE ANOUHT SERVICE IHVOICE ~: 048098-013258 RETURN: SERVICE CENTER: 40-0309 BEAR # 10667 ADDRESS: 14860 WICKS BLVD CITY: SAN LEAHDRO CA 94577 CATALOG -~ 13-1289 ITE)I CODE: CONSUI~IER SERIAL ~ 005407 PURCHASE DATE: 01/01/'1997 WRHTY PARTS: OUT WRHTY LABOR: OUT COMPLAINT: POWER SURGE POPPED UNIT CONDITION: USED ACCESSORIES: NOHE ADVANCE PAY!:IENT .00 "A buyer of this product in California has the right to have this ~roduct serviced or repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer's hands for warranty repairs. If a defect exists within the warranty period, the warranty will not expire until the defect is fixed. The warranty period will also be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within 60 days ~. · . : . _ - . ITEM NO. 6b DATE: MARCH 3, 1999 AGENDA ~UMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING DIVISION 1, CHAPTER 3, ARTICLE 5, SECTION 350 OF THE UKIAH MUNICIPAL CODE REGARDING CITY CLERK COMPENSATION At the February 17, 1999 City Council meeting the ordinance amending the Municipal Code adjusting the City Clerk's salary was introduced by a unanimous vote. Adoption of the ordinance is now appropriate. Staff recommends that the City Council adopt the ordinance. RECOMMENDED ACTION: Adopt Ordinance Amending Division 1, Chapter 3, Article 5, Section 350 of the Ukiah Municipal Code Regarding City Clerk Compensation ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the salary should not be modified and do not adopt ordinance. 2. Determine ordinance requires modifications, identify necessary changes, and adopt revised ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Michael F. Harris, Risk Manager/Budget Officer~.,~) ,~~ Candace Horsley, City Manager 1. Ordinance for adoption, page 1. APPROVED: Candace Horsley, Ci~ Manager mfh:asrcc99 0303CCSA ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 1, CHAPTER 3, ARTICLE 5, SECTION 350 OF THE UKIAH MUNICIPAL CODE REGARDING CITY CLERK COMPENSATION The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 350 of the Ukiah Municipal Code is hereby amended to read as follows: {}350: COMPENSATION; BOND: The Clerk of the City shall receive as total compensation the sum of twenty thousand and sixty dollars ($20,060.00) per year payable biweekly. This increase in compensation shall be retroactive to January 1, 1999. Subsequent modifications to City Clerk compensation shall be determined by the City Council and established by resolution as adopted from time to time by the City Council. The City Clerk shall be bonded in the sum of twenty five thousand dollars ($25,000.00) or such other sum as the City Council shall determine by resolution. The bond fee shall be a proper charge against such funds of the City as the City Council shall designate. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on February 17, 1999, by the following roll call vote: AYES: NOES: ABSENT: Councilmembers Libby, Baldwin, Askiku, Kelly, and Mayor Mastin None None Adopted on March 3, 1999, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk mfh:resord ordclerk Ordinance No. Page 1 of 1 ITEM NO. 6c DATE: March 3, 1999 AGENDA SUMMARY REPORT SUBJECT: CORRECTION OF CITY COUNCIL MINUTES OF OCTOBER 7, 1998 In composing the City Council minutes for the February 17, 1999 meeting, I became aware of an error in the October 7, 1998 minutes which were previously approved by the City Council. On page 10 the minutes report that Jerry Ward spoke to Council during the Public Comment period of the Public Hearing concerning "Certification of the Supplemental Environmental Impact Report, Adoption of Appropriate Findings, and Approval of the Project for the City's proposed modification to its Solid Waste Facilities Permit for the Ukiah Municipal Solid Waste Landfill located at the terminus of Vichy Springs Road". I have listened to the tape recording of this meeting and did not hear Mr. Ward speak. Additionally, Public Works Director Kennedy has confirmed that Mr. Ward was not in attendance at the October 7, 1998 meeting. I request that Council authorize the deletion of that portion of the minutes referring to Mr. Ward speaking to Council from the official City Council minutes of October 7, 1998. I apologize for the error and any inconvenience this may have caused. RECOMMENDED ACTION: By Motion, Amend the City Council Minutes of October 7, 1998 To Delete Reference To Jerry Ward Speaking To The City Council ALTERNATIVE COUNCIL POLICY OPTIONS: Determine Minutes Are Not To Be Amended And Take No Action Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Marie Ulvila, City Clerk Marie Ulvila, City Clerk Candace Horsley, City Manager 1. Page 10 of the City Council Minutes of October 7, 1998. Candace Hor~ley, C~ty~anager c;asrcounc Management Board (CIWMB), the CIWMB staff notified City Staff that the Draft EIR did not assess the noise effects associated with the proposed daily maximum capacity of 295 tons per day. On September 2, 1997, the Cities of Willits and Fort Bragg, and adjacent unincorporated County areas began directing their waste stream to Ukiah's Landfill. The resulting increase in disposed waste caused the City to occasionally exceed its permitted maximum daily tonnage. The City has elected to augment the noise analysis performed for the original EIR to include an updated assessment of noise impacts resulting from the daily maximum disposal of 295 tons per day. He reported that the SEIR concludes that there are no significant environmental effects anticipated as a result of the proposed permit modifications. It also concludes that the new entrance alternative could reduce noise impacts at the adjacent Vichy Springs Resort that would be associated with the Project. He recommended that the City reject the alternative access road from further consideration due to its potential impacts to the Vichy Springs Subdivision area and the potential impacts to biological resources, slope stability, and down stream water quality. Discussion followed concerning the types of trucks hauling to the Landfill in addition to the hours of operation. Staff and Council discussed the analysis and evaluation of the SEIR, along with ESA consultant Paul Miller, who was also in attendance. The number of trips per day on the 'road to the landfill and the hours of operation were discussed. The environmental impacts to the Gun Club property and surrounding areas, as well as cost to construct the alternate route to the Landfill, were evaluated. It was noted that the Landfill is expected to close in one year and seven months. City Attorney Rapport advised that, in regards to the FEIR which was part of a law suite, there was a challenge to it procedurally, and the court upheld the findings of the FEIR. The court, therefore upheld the Supplement and the findings as being supported by the evidence in the record. Public Hearing Opened: 10:10 p.m. Judy Pruden, 304 S. Hortense, advised that she is an advocate of the promotion and protection of historical resources in the Ukiah Valley and expressed her concern for Vichy Springs Resort. She discussed the Landfill's hours of operation and its impact on Vichy Spdngs Resort, voicing her objection to the increased tonnage and truck hauls on the road past the Resort. She commented that the noise from the trucks makes it difficult to hear conversations while at the Resort. She recommended the City establish the Transfer Station. Jerry Ward, owner of Solid Wastes of Willits, felt the increased hours would benefit his company. He felt the hours of operation at the Landfill should allow his company to enter at 7:00 a.m. Public Hearing Closed: 10:16 p.m. Discussion followed among Staff and Council concerning noise impacts to those properties near the Landfill. The hours of operation, as it relates to trucks hauling from Willits and Fort Bragg was addressed, especially as it relates to extended period of noise for those staying at Vichy Springs Resort. It was noted that Vichy Springs Resort has been in existence longer than the Landfill. MIS Malone/Ashiku Adopting Resolution No. 99-19 Certifying Final Supplemental Environmental Impact Report (SEIR) for a Revision to the Solid Waste Facilities Permit For The Ukiah Landfill As Adequate and Complete, carried by a roll call vote of all AYE: Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Chavez. Discussion followed concerning the proposed Resolution making findings, and recommended revisions were discussed in consultation with the City Attorney. October 7, 1998 Page 10 ITEM NO. 6c~ DATE: March 3, 1999 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY, PURSUANT TO GOVERNMENT CODE {}25351 SUMMARY: The Department of Public Health of Mendocino County has requested a waiver from the 60-day notification requirement, as established by Government Code {}25351, to lease property within the City limits at 327 North State Street (Suite 205). Government Code [}25351 provides for such a waiver if the City Council adopts a Resolution to this effect. (Continued on page 2) RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code {}25351. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt the waiver Resolution, thereby require the County to wait 60 days to lease the property located a 327 N. State Street. Citizen Advised: N/A Requested by: James McLain, County Public Health Department Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: Resolution McLain Letter APPROVED:,--~-~ ~~"'~0_ Can~ac~ Horsley, ity Manager Page 2 As described in the attached letter, the Public Health Department (Division of Alcohol and other Drug Programs) wishes to lease the subject property to provide training to county and community based organizations regarding various issues related to substance abuse. They would like to lease the property and begin providing services at this location in a timely manner in order to avoid losing the office space to another prospective tenant. The site for this facility consists of a second story office suite of the brick-facade, two- story commercial office/retail building located at the northeast corner of North State and Smith Streets, diagonally across the corner from the Palace Hotel. The building consists of four ground floor commercial units, and four upstairs suites, wherein two bottom floor units will house other County facilities, one remains vacant, and one houses the Visual Identity Printing Company. This second story office housed a private law office. It is zoned for commercial use, and lies amidst a commercially developed area. Accordingly, staff can find no reason to oppose the County's immediate use of this site in the manner described, and, therefore, believes that the 60-day noticing waiver is in order. Without the waiver Resolution, the County would simply have to wait the 60 days otherwise required by State law before entering the lease and occupying the building. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, 1. Government Code {}25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and 2. Government Code [}25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and 3. The Public Health Department of Mendocino County has requested a waiver of the 60-day notification requirement to lease property at 327 N. State Street (suite 205) for the purpose of providing a training facility for County and community based organizations regarding various issues related to substance abuse; and 4. The granting of the waiver will enable the Public Health Department to lease the property and establish the training facility in a timely manner, thereby avoiding loss of the property to another prospective tenant; and 5. The property located at 327 N. State Street is zoned for commercial use; lies amidst a commercial district; and has previously been used for a similar office use, thereby making the site compatible with the intended County use, and not detrimental to any City code, policy, or anticipated use of the subject site. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino a waiver of the 60-day notification requirement so as to lease the property at 327 N. State Street in a timely manner in order to house their substance abuse training facility. PASSED AND ADOPTED on March 3, 1999, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Resolution Page 1 of 2 Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page 2 of 2 MENDO£INO COUNTY tIQMI~.IT P1R IT, FORT BRAGQ, GA ~ AODP ID:707-463-5696 FEB 24'99 COUNTY OF MENDOCINO DEPARTMENT OF PUBLIC HEALTH DIVISION OF ALCOHOL, AND OTHER DRUG PROQRAM$ (AODP) 302 WEST HENRY ITREET, UKIAH, OALIFORNIA $6482 2-24-99 14:14 No.004 P.02 WILLIT$ OFFICE TI W~.$'!' C~31MMERCIAL, GT. (707) City Manager City of Ukiah 300 Seminary Avenue Ukiall. CA 95482 Re: County Lease of 327 North State Stmel, Suite 205 Agenda Rem for Next City Council Meeting Dear City Manager: Thc County of Mcndoci.o, Department of l~)blic ] lealth. Division of Aloohol and Other Drug Programs~ proposcn to lease the office property located at 327 North State St., Suite 205 in Ukiah, The intended use of this space will he to pruvide, training to county and community based organlzadons regarding various issues related to substance abuse. This location previously housed a private law practlc~ and is in die same building complex as ~he County Mental licalth Department Adult Day Treatment Program (317 & 345 N. State St.), Fly way of this letter, AODP requests tho City Council adopt a resolution waiving the 60 day notification requirement (reft:ronco State of California Government Code, Section 25351), The City's cooperation in granting this request will enable thc 'rrnining Coordinator to begin presemations at this location during thc month of March, 1999, In the absence of such waiver, the County ia at risk oflosh~g fl~c office to mmthcr prospective tenant and will be forced to delay thc provision of a service AODP believes will significantly benefit thc citizens of Mcndocino County. Thmlk you tbr your attention to this mutter. If you have any timber questions, please call mc at thc number listed above, Sincerely, ...n /q L/ Admioistrative Services Officer cc: Ned Walsh. AODP Administrator Cra'oS Mordhorst, Public 1 lea ith Director Joyce Bern'd, Clu,-k of the Board Pete lialstad, General Services Director Leslie Kirkpatrick. AODP Training Coordinator ITEM NO. 6e DATE: March 3, 1999 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF COMPUTERS FROM QUANTEX MICROSYSTEMS IN THE AMOUNT OF $7,619.04. Section 1522 of the Municipal Code requires that a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the acquisition of four (4) computer systems for the Planning Department. The Purchasing Department issued a Request for Quotations and five (5) bidders responded. After careful consideration of the bids received, a Purchase Order was issued to Quantex Microsystems of Somerset NJ. Attached is detail of the bidders who responded along with their corresponding bids. RECOMMENDED ACTION: Receive report regarding acquisition of computers from Quantex Microsystems in the amount of $7,619.04. ALTERNATE COUNCIL POLICY OPTIONS: N/A Citizens advised: Requested by: Prepared by: Coordinated with: Attachments: None N/A Paulette M. Klingbeil, MIS Coordinator Nora Kennedy, Purchasing Supervisor, Gordon Elton, Director of Finance, and Candace Horsley, City Manager 1. Summary of Bids Received. APPROVED:'-~:~-'~ Can-"~ce Hors'le~t, City Mtager AGENDA SUMARY ITEM NO. 6 f DATE: March 3, 1999 REPORT SUBJECT: APPROVE CONTRACT FOR THE PREPARATION OF A SITE DESIGN STUDY FOR GOBBI STREET RIVERSIDE PARK AND AN ASSOCIATED BUDGET AMENDMENT SUMMARY: In June of 1998, the State Coastal Conservancy awarded a grant to the City of Ukiah for the preparation of a Site Design Study for the Gobbi Street Riverside Park project. Later that year, the City Council adopted Resolution 99-23 authorizing the execution of a grant agreement with the Coastal Conservancy, and directed staff to proceed with requesting proposals from qualified consulting firms to perform the work. Staff sent Requests for Proposals to fourteen (14) qualified consulting firms and received a total of four (4) proposals. No local firms or individuals were pursued, because there are no qualified local firms or individuals specializing in park facility planning and landscape architecture. After a lengthy interview process, RRM Design Group from San Luis Obispo was unanimously selected as the top choice. RRM Design Group has extensive experience with preparing site design studies for parks, and have considerable experience dealing with the State Coastal Conservancy. Additionally, the consultants have worked in both Sonoma and Mendocino County on projects involving the planning and development of public places adjacent to important agricultural operations. Three (3) of the four (4) firms interviewed proposed budgets that exceeded the grant amount. The one (1) proposal that was submitted that did not exceed the grant amount came from an inexperienced team lacking the overall expertise to provide acceptable services to the City on this project. (continued on page 2) RECOMMENDED ACTION: 1) Approve the contract with RRM Design Group for the preparation of a Site Design Study for Gobbi Street Riverside Park; and 2) transfer $1000.00 from the Park Development Funds (140.283.250) to the Special Projects Fund (250.281.140), and increase the consultants expense budget (250.1501.250.000) by $1,000.00. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not approve the contract and requested budget amendment and provide direction to staff. Appropriation requested: $1,000.00 Citizen Advised: N/A Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager, Bob Sawyer, Planning Director, David Rapport, City Attorney, and Larry DeKnoblough, Community Services Director Attachments: 1. RRM Design Group consultant contract 2. Budget worksheets ~ Candace , City Manager After a detailed negotiation process, RRM Design Group brought their proposed budget down significantly, but still not under the awarded grant amount. Any further reduction in project scope or elimination of important tasks would jeopardize the eventual work product, and not meet the expectations of staff or the State Coastal Conservancy. VVhile it is conceivable that the other firms could have reduced the scope of their proposals to meet the grant amount, staff is of the strong opinion, that the community participation process and eventual work product would be significantly inferior to that produced by the RRM Design Group. To accommodate the minor financial shortfall, the Coastal Conservancy is providing an additional 10% ($1,200.00) over and above the awarded grant. Additionally, staff is requesting that $1000.00 of the park development funds within the Community Services Budget be used to supplement the Coastal Conservancy grant. This will provide the necessary funds to execute the contract with the RRM Design Group, and provide a small amount for contingencies. CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF A SITE DESIGN STUDY GOBBI STREET RIVERSIDE PARK This agreement shall be considered a contract, and is entered into this __ day __, 1999, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and RRM Design Group, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a Site design Study, more particularly described in CONSULTANT's bid proposal, dated February 21 1999 referred to as Exhibit "A", and attached to this agreement. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such study which are determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional services as described in Exhibit "A," which consists of the Bid Proposal from RRM Design Group dated February 2, 1999, which is attached hereto and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are agreed by both CITY and CONSULTANT to be a part of normal procedure for a study of this /-/ 1.03 1.04 1.05 1.06 1.07 1.08 2.01 2.02 2.03 type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all findings, recommendations, studies, and reports shall be made and prepared in accordance with generally accepted professional practices. When the agreement calls for the preparation of studies and reports, they shall be in a form acceptable to the CITY. CONSULTANT shall bear the expense of all printing and reproduction costs not included as reimbursables in the proposal, until final reports are accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents. The schedule for the project, and the preparation of all work products shall be consistent with the scheduled detailed in the bid proposal identified as Exhibit "^" (attached). Changes to the agreed upon schedule detailed in the proposal may be made only upon written consent by the CITY. Time is of the essence and of the utmost importance in the performance of the agreement. CONSULTANT shall prepare and deliver all draft and final work products consistent with the bid proposal. CONSULTANT shall be responsible for attendance at all meetings with staff, the general public, and decision making bodies consistent with the submitted bid proposal. CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." Upon request, and its expense, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. CITY will examine the required site design study, reports, or other submittals from CONSULTANT and will render, in writing, decisions or comments pertaining to their adequacy and acceptability within fourteen (14) calendar days of receipt thereof. 3.01 3.02 3.03 3.04 3.05 4.01 4.02 5.01 ARTICLE III TERM OF AGREEMENT The term of this agreement shall be pursuant to the proposal submitted by CONSULTANT as contractor's bid response and in accordance with paragraph 1.05 above. This agreement may be extended on its same terms and conditions for a period not to exceed thirty (30) days, upon written agreement between the Planning Director and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A.'t All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph 1.05 above. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 and 8.04 above and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project, the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY consistent with sound professional practices. ARTICLE IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed $13,790.00, which includes all reimbursables, on a job completion basis. Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A." ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 5.03 5.04 5.05 6.01 6.02 7.01 7.02 Payment scheduling: Total payment not to exceed $13,790.00, which includes all reimbursables. Fees for professional services as outlined herein shall be paid subsequent to the receipt of monthly invoices from CONSULTANT. Payments to CONSULTANT shall be based on monthly invoices submitted by CONSULTANT, with work items reported as set forth in Section 10.0 of Exhibit "A." Payments will be made by CITY within ten (10) days of receipt of funds from the State Coastal Conservancy (approximately thirty (30) days from the date CITY receives invoice from CONSULTANT) or within fortyfive (45) days from the date CITY receives invoice from CONSULTANT, whichever occurs first. If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS CITY acknowledges that the original studies, maps, plans, reports and documents together with such backup data as required by this agreement ("Documents") were produced by CONSULTANT for the design of Riverside Park as discussed in Exhibit "A." CITY acknowledges that the documents were not prepared by CONSULTANT for any other purpose and that CONSULTANT does not assume any responsibility for the Documents if they are used by the CITY for any other purpose, or if they are disclosed by the CITY to any third party who uses the documents for any other purpose. CITY assumes the risk of using the Documents for any other purpose and shall not seek to hold the CONSULTANT responsible in any manner if the CITY uses the Documents other than for the design and construction of the Riverside Park. CITY shall only disclose the Documents only to third parties if required to do so by law. In any such disclosure the CITY shall include a notice that the CONSULTANT assumes no responsibility for the use of the Documents by third parties for any purpose. CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body 8.01 8.02 8.03 8.04 of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non- employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided (subject to the provisions of paragraph 8.04), CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least ten (10) days prior to the date of termination specified in the notice. During this ten (10) day period CONSULTANT may use its best efforts to correct any performance issues identified in the notice. CITY, in its sole discretion, shall determine whether CONSULTANT has satisfactorily corrected its deficient performance. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement, provided that the amount of damages does not exceed the amount of the contract. CONSULTANT is not responsible for delays caused by factors beyond the CONSULTANT'S reasonable control, including but not limited to delays because of strikes, lockouts, work slowdowns or stoppages, accidents, acts of god, failure of any governmental or other regulatory authority to act in a timely manner, failure of CITY to furnish timely information or approve of disapprove of CONSULTANT'S services or work product promptly, or delays caused by faulty performance by CITY or by contractors of any level. When such delays beyond CONSULTANT'S reasonable control occur, CITY agrees that CONSULTANT is not responsible for damages, nor shall CONSULTANT be deemed to be in default of this agreement. 9.01 10.01 11.01 12.01 13.01 ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury are caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. ARTICLE Xll ENDORSEMENT OF DOCUMENTS It is understood and agreed that, the CONSULTANT will endorse studies, reports, and documents in accordance with applicable portions of the Business and Professions Code of the State of California. ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. 13.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contract sanctions as it may determine to be appropriate including, but not limited to: al Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT 14.01 The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS 15.01 This Agreement shall be binding on each party's heirs, successors or assigns. 15.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. 15.03 In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members, shall complete the professional services covered by this agreement. ARTICLE XVl EXTENT OF AGREEMENT 16.01 This agreement shall consist of this agreement, the proposal submitted by RRM Desiqn Group dated February 2, 1999 identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." 16.02 This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. 17.01 18.01 ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVlII NOTICE VVhenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Senior Planner CONSULTANT/ CONTRACTOR: RRM Design Group 3701 South Higuera Street San Luis Obispo, CA 93401 ATTN: T. Keith Gurnee, Principal 19.01 20.01 ARTICLE XlX DUPLICATE ORIGINALS This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Candace Horsley, City Manager Date CONS U LTA NTICO NT RACTO R T. Keith Gurnee, Principal IRS IDN Number Date APPROVED AS TO FORM: David Rapport, City Attorney Date /.-? RRM DESIGN .-..,'.!:~ : · .. :. '! - .-.. :....; EXHIBIT "A" RRM DESIGN GROUP Gobbi Street Riverside Park Site Design Study Gobbi Street Riverside Park Site Design Study Scope of Work Revised February 2, 1999 I, Understanding and Approach Gobbi Street Riverside Design Study Project is the first phase of a larger effort that will ultimately result in a number of improvements being funded and implemented on this site on the western edge of the Russian River, just east of the community of Uldah. This first step to resolve a concept site plan for the Park is on a fight budget funded by the California Coasta/Conservancy. However, it is anticipated that the Conservancy and the City will provide further ftmcllng in thc future to prepare construction documents and construct pubtic improvements per the plan developed in this first phase. RRM Design Group's approach to the Gobbi Street Riverside Design Study will involve pursuing a mo-phase process. Getting to lenow the community_ and the_~'txt_e~. This phase ~ be devoted toward initial data gathering and research, conducting a fidd trip with the Coastal Conservancy and City staff, conducting key informant interviews with all Stakeholders, including adjacent land owners and conducting a public workshop and design charettc to gage what the community sees as issues and design directions they want to explore for Gobbi Street Riverside Park . Ext~lofin~ the alternatives and resolvingthe vision. In this phase, alternative site plazas willie prepped and ~eviewed by City staff. The alternatives dill subsequently be refined and presented to the City Council before being finalized based on Council approval Cenual to this effort wilJ. be citizen involvement and RRM proposes to directly engage Uldah's stakeholders in the planning process ~ the following ways: RRM DESIGN Gobbi Street Riverside Park si,¢ s .dr Conduct a tTeld trfda o£ the site sad a set o£stalcel;older interviews proposes to tour the Gobbi S~eet ~v~sidc P~k ~ GV ~ Co~t~ Consc~an~ o~d~ as wcR ~ o~ ~t~es~d ~du~s. ~ ~ hold ~ extensiw set of ~te~ews to id~6~ issues, conchs, md asp~aOons h~ by key st~ehold~ts ~ ~e p~k ph~g process. ~o~ ~e s~choldc~ to be ~t~ewed wo~d be ~e foHo~ · Recreational User Groups ' Neighboring Agriculturalists · Coastal Conservancy · City Council Members · City Planning Staff · Parks and Recreation Commissioners and Staff · Rural Residential Neighbors Along Gobbi Street · Canoeing and Kayaking Advocates · Others with an interest in this process Holcb'ag an'Issues ajad Design Chazettd'public workshop RRM would organize and facilitate a community workshop devoted to identify/rig and priod6zing issues and oppommities associated with the site design study. RRM will also facilitate a design c. haxette to extract from workshop participants their ideas for improvements to the park. The result of this cffort will be a site concept plan and study that can be readily uscd to design and construct thc future improvements desired for Gobhi Street Riverside Park. It is a plan that will enjoy strong public support as a result of the public outreach process undertaken during the effort. In preparing the Scope of Service and budgets set forth in Scction$ II and III, below, we havc presumed that thc City has accurate and adequate aerial photographic information of the site. XVhilc we understand that the City does not have accuxate topography- an absolute necessity for doing any construction documents to implcmoat the approved com:ept design plan - good aerial photographs should give us enough to work with at this level of worlr_ If, however, the City desires to obta~ accurate topographic and boundary information now, wc have provided an optional task to handle the topographic and boundary surveying services for the City. It is our understanding that the City will providc strong staff support throughout this effort including organizing meetings, prep~rlng and distributing all public notices to ensure maximum, attendance at the public workshops. RRMDesign Gto up RRM DESIGN Gobbi Street Riverside Park Site Design Study II. Work Program and Tasks A. Getrlng to lr~ow Ukiah ~nd Gobbi Street Riverside Park 1. Client / staff meeting #1: To tin,lite scope of work and schedule, obtain dl City documents md information x~3~ting to the par~. Data analysis and research: RRM will evaluate all City plans ~nd polities, as well as related County and Coastal Conservancy plan, and polities as they might affect Gobbi Street Park. This would also ind~xde a prdiminttT biological reconnaissance of the Russian River riparian corridor by I-Iabitat Restoration Group. Preparation of Gobbi Street Riverside Park Ba~e Map: RRM will prepare a presentation-qllal/ty base map in ink on mylar at thc largest scale possible to fit on a 32" :~ 40" mylar sheet The basis for the mappi~ ~ bc aerial photos at a pre-determined scale to be provided by the City. (Should the City wish to fully survey the pmp~, RRM would be prepared to provide such a topographic boundar7 survey for a cost of $6,000 to $8,500 in addition to the budget indicated for ~ task, depending on the level of detail desired by the City.) Field trip / key informant interviews: Ove~ a one-day period, RRM Design Group ,sill wu~ Gobbi Street Park with the City stuff, interested user groups, and the California Coastal Consexvancy. After that morning tour, RRM mill then conduct a series of kcy infomlant interviews to define the needs, aspirafons, and issues associated with improvements to thc park. Interview participazts should include adjacent agricultural owners, recreational us~ groups, affected City departments and department heads ejected and appointed decision S. Gobbi Street Riverside Pa~k Community Workshop: RRM will conduct an intcractive public workshop with affected stakeholders, agencies, etc. to conduct an issue identification of priority-setting exercise md conduct a design charctte to help dcf:me the issues that will be faced w-ith a plarming effort and what paxticip~nts fed ~ be tn appropriate site planning dixcction for the park. 6. Client / Team Coordination, Corregpondence, Communication During Task A. Total Task A $290.00 $80O.OO $1,100.00 $1,500.00 $1,800.00 $600.00 $6,090.00 .RRd~ DesiS~ Group /-/2- RRM DESIGN Gobbi Street Riverside Park Site Design Study B. Explorin~ the AItemat/ve$ and Resolving the Vision Preparation of Akemadve Site Plans: RRM will prepare two (2) · ltemafive concepwal site pl~ ske~che~ ~n ink ~m tradng p~per ~ ~n overlay to the baae mzp. These altemativcz will depict two very different ways to achieving the desired development program for Gobbi Street Park. To include colored pxint~ of each concept plan and a brief summary paper outlining the issues and implications imposed by each alternative. Prepare Refined Concept Plan: Bazed on staff feedback on thc zltemative concept plans, this refined plan will be prepared in ink on mylar as an overlay to the haze map. To include a color site plan rendering, with two vignette sketchca, and a bric£ paper ootlining the i~sues, phasing considerations, budgeting considerations, and implications associated with thc £efined concept plan. Presentation of Refined Plan to Cioy Council: RRM will p~esent the refined concept plan to the City Council meeting, obt, i, directions from the Council on finalizing the plan. , Preparation of Final Concept Plan: Ba~ed on direction received from the Council ~od staff, RR~ will prepare the final concept plan in ink on mylar as an overlay to the base map. 5. Client / Team Coordination, Communication, Correspondence During Task B. Total Task B Reimbursable expenses budget photography, report reproduction, blueprinting, etc. TOTAL ALL TASKS $1,800.00 $1,700.00 $'/,000.00 $700.00 $1~,790.00 III, Budget and Schedule The individual budgets by each task and sub-task arc indicated in the Work Plan under Section II. Thc overall labor budget for .RRM Design Group's services will be $13,790, including reimbursable expenses. As for schedule, we anticipate that thc entire project could be compkted within th~cc (B) months of the City's authorization to proceed, with the time to complete each task broken down as follows dating from the City's authorization to proceed: RRM DESIGN Gobbi Street Riverside Park Site Design Study I I Illllll Task A-1 Tasks A-2, 3, 4 Task A-5, 6 Task B-1 Task B-2, 3 Task B4, 5 Week 0 thru Week 1 Week 1 thru Week 3 Week 4 Week 4 th~ Week 6 Week 6 th~ Week 9 Week 9 thru Week 11 ~ Desig~ (;to up EXHIBIT B INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with he performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: , Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). . Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE CONSULTANT shall maintain limits no less than: . General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the City of Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages a. The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insureds as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance of officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. Co Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. d. The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. 3. All coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Ukiah. E. ACCEPTABILITY OF INSURERS Fi S. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTS CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. LU 0 Z 0 ,mm. ~ a ~ ~ ._ ,.. ~ ~ ~ g~ -- ~ .... ~~o~ :E ~ .- oo o:gO g g ggg ggg ooogggggggg o o: ,o ooo E o ~ ~ ,o ~io ~ io .o oo . o o i~o oo 000 ~ ~ 00000000000 ~ 0 ~ ~ ~ ~ ~ 0 O0 ~0000:000 0000000000000000 ~ 00000000000000~ 00 0 0 00lO 0 O0 0 0 0 0 0 0 0 0 0 0 0 0 0:0 0 0 O0 O0 0 0 0 oodI~odoo~o~dooo~odo~:~d~ddd~~d~ ~ ~m ~ m ~ ~ ~ o ~ ~ ~ ~ 0 ~ ~ 00 o 00~0000i0 ~ ~ ~ ~ ~ 0 ~ 0 ~ ~ ~i~ ~ ~ 0:0 ~ 0 ~ 0 0 0 0 0 0 0 0 0~0 0 0 O~ 0000 0 ~ 0000 = · · 0 000 000 :0 ~ ~I~I~ 0 · 0 0 ~ .~ ii 0 0 0 PARK DEVELOPMENT - FUND #140 Budgeted amounts: Beginning fund balance 7/1/98 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/99 $ 54,755 $ 62,634 $ (30,065) $ 87,324 Adjustments made durinq the fiscal year: Date Approved 7/1/98 Change in beginning fund balance per audit 3/3/99 Transfer to Special Projects Fund for Riverside Park Account No. $ (311) 140.283.250 $ (1,000) Revised ending fund balance 6/30/99 $ 86,013 RESERV99.XLS 2/25/99 Page 2 Funds 120; 140; 141 142 143 150 SPECIAL PROJECTS FUND #250 Budgeted amounts: Beginning fund balance 7/1/98 Revenue budgeted Transfers budgeted Expense Budgeted ending fund balance 6/30/99 $ 177,325 $ 24,500 $ (36,600) $ 165,225 Adjustments made durinq the fiscal year: Date Approved 7/1/98 Change in beginning fund balance per audit 9/2/98 Transfer from General Fund Reserve #110 9/2/98 Perkins Street Reconstruction project 11/18/98 Coastal Conservancy grant - Riverside Park 11/18/98 Riverside Park Contract Services 3/3/99 Transfer from Park Development Fund 3/3/99 Riverside Park Contract Services Account No. $ 10,123 250.281.110 $ 81,504 250.9646.250.000 $ (81,504) 250.0600.488.000 $ 12,000 250.1502.250.000 $ (12,000) 250.281.140 $ 1,000 250.1501.250.000 $ (1,000) Revised ending fund balance 6/30/99 $ 175,348 RESERV99.XLS 2/25/99 Page 9 Funds 200 through 290 ITEM NO. 6g DATE: MARCH 3, 1999 AGENDA :SUMMARY REPORT SUBJECT: AUTHORIZATION OF CITY MANAGER TO EXECUTE CERTIFICATION OF LOCAL APPROVAL FOR PROJECT SANCTUARY USE OF FEDERAL EMERGENCY SHELTER GRANT FUNDS Project Sanctuary (PS) is applying for Federal Emergency Shelter Grant (FESG) funds from the State of California. New regulations allow organizations dealing with domestic violence to apply individually without City sponsorship. Required however is recognition from the local municipality that the program is approved to be conducted within the jurisdiction. Project Sanctuary proposes to provide homeless prevention services to their clients in addition to the services currently furnished. These activities should enhance the efforts of Ukiah Community Center (UCC) and The Ford Street Project (FSP) who are presently funded through FESG. According to State program representatives, there should be adequate funding to meet the continued needs of UCC and FSP with PS's application for $60,000 over two years. Staff recommends that the City Council authorize the City Manager to execute the certification of local approval for Project Sanctuary. RECOMMENDED ACTION: Authorize City Manager to Execute Certification of Local Approval for Project Sanctuary Use of Federal Emergency Shelter Grant Funds ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the City does not support Project Sanctuary's use of Federal Emergency Shelter Grant funds and take no action. 2. Determine Project Sanctuary's program requires modifications, identify necessary changes, and authorize revised certification. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Project Sanctuary Project Sanctuary Michael F. Harris, Risk Manager/Budget Officer~,.,,~ ~ Candace Horsley, City Manager 1. Certification of Local Approval, page 1. APPROVED: Candace Horsley, City Manager mfh:asrcc99 0303PS 300 SEMIN~EYAVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC S~,FETY 463-6242/6274 · FAX # 707/463-6204 · ATTACHMENT E CERTIFICATION OF LOCAL APPROVAL I, Candace Horsley, duly authorized to act on behalf of the City of Ukiah, hereby approve the following projects proposed by Project Sanctuary which are to be located in the City of Ukiah: Project Sanctuary will provide Homeless Prevention services to victims of Domestic Violence and their children. Clients who have participated in the Transitional Housing and/or Shelter Program(s) will receive assistance with first and last month rent payments to support them in establishing and maintaining emotional and economic self sufficiency. Clients will also receive support services through Project Sanctuary including services provided by the Transitional Client Advocate/Case Manager. CERTIFICATION Signature Candace Horsley, City Manager Name and Title March 4, 1999 Date '~(/e Are Here To Serve" ITEM NO. 8a DATE: March 3, 1999 AGENDA SUMMARY REPORT SUBJECT: PLANNING DEPARTMENT FEE SCHEDULE AMENDMENT FOR DEMOLITION PERMIT REVIEW SUMMARY: On December 2, 1998, the City Council adopted an ordinance which requires discretionary review of certain demolition permits associated with potentially significant historical, architectural, or cultural resources. Discretionary review of such permits requires that the City conduct environmental review pursuant to the California Environmental Quality Act (CEQA), and requires that such projects be publicly noticed (Continued on page 2) RECOMMENDED ACTION: Adopt Resolution amending the Planning Department fee schedule in order to defray costs associated with discretionary review of certain demolition permits. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt the fee schedule amendment, and provide direction to staff. 2. Adopt a fee schedule amendment, but articulate a different fee amount than $225 for the processing of discretionary demolition permits. Citizen Advised: N/A Requested by: Planning Department Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: Resolution Planning Permit Fee Schedule Planning Permit Fee Study APPROVED:' .~..~_________2 "~,~..~~.,. Candace 'H°rsley, ~t~anager Page 2 for a hearing before the City Council. These activities cost money in terms of staff time, newspaper noticing, and filing fees, and, in keeping with City policy relative to other planning and building permits, it would be advisable to recover these costs by charging a fee to process relevant demolition permit applications. The Council will recall that the newly adopted demolition permit review ordinance (Ordinance No. 1014) applies to structures 50 years old or older, and requires staff to analyze all such demolition permit applications to determine if historical, architectural, or cultural significance exists in the structure intended for demolition. Staff's findings, including an environmental review pursuant to CEQA, are passed to the City's Demolition Permit Review Committee (DPRC), wherein an advisory judgment call is made as to historical significance. Thereafter, the demolition permit, along with staff's findings and advice from the DPRC are forwarded to the City Council for a discretionary action as to whether the demolition permit should, or should not, be issued based on historical preservation merit to the community. Most accessory structures and all buildings posing a health and safety threat to the public are exempt from this process, although the vast majority of structures in the age range cited will undergo the discretionary review process embodied in the new ordinance. Presumably most such structures slated for demolition will be found historically insignificant, and subsequently cleared by the Council for demolition; however, the process required by the ordinance, therefore the fees associated with the subject fee schedule amendment, will apply to most structures 50+ years old. Accordingly, staff has compared the anticipated work and filing fees of demolition permits with other similar planning permits and their respective fees, as adopted from time to time by the City Council, and finds that the appropriate fee should be set at $225. This would make demolition permits akin to the lesser of the fee requirements, such as Minor Site Development Permits, Minor Variance Permits, and Minor Use Permits, which are currently set by a past Council action at $225. The current and adopted Planning Permit Fee Schedule is attached for comparative purposes (Attachment 2), as is the Resolution justifying the subject fee increase (Attachment 1). Moreover, staff has also included the planning permit fee study conducted in January, 1996, which shows that the fees associated with the various planning permits are very much justified in relation to the staff time, materials, and resources spent on any given permit. As stated above, we are convinced by experience that the review and processing requirements associated with the newly enacted discretionary demolition permits will be nearly identical to those associated with minor Site Development or Use Permits, and that, therefore, the attached fee study suffices as the justification for establishing the $225 fee. Indeed, in either case staff must analyze the project; visit the site; notice it in the paper 10 days prior to either a Planning Commission or City Council hearing; perform an Initial Study and proper environmental documentation pursuant to Page 3 the California Environmental Quality Act (CEQA); and generally prepare, process, and handle all the same paperwork associated with any planning permit. If the City Council does not want to amend the fee schedule relative to discretionary demolition permits, the aforementioned inherent costs to process such permits would be absorbed by the Department's share of general fund monies. In effect, therefore, the community at large would be subsidizing individual applicants seeking to demolish a building, and this, in staff's opinion, would not be a fair or equitable circumstance. Last, as a courtesy and pursuant to State law (Government Code §66016), Planning staff has notified in writing the Mendocino County Employers Council (Al Beltrami) of our plans to take the subject fee increase proposal to the City Council for consideration. We also have provided the background data, fee amount, and rationale for the proposed fee to Mr. Beltrami, and have invited him to participate in the hearing process if he is so inclined. State law requires such a notification if any party has filed a written request to be notified of any new or increased fees, and, based on past experience, the Employers Council is the only such party having made this request in the past. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING FEES TO PROCESS DEMOLITION PERMITS REQUIRING DISCRETIONARY REVIEW AND APPROVAL WHEREAS, 1. On December 2, 1998, the City Council adopted amendments to [}3016 of the City's Building Regulations (demolition permits) as they pertain to the demolition of structures possibly possessing historical, architectural, or cultural significance; and 2. The demolition permit processing provisions associated with these amendments have been deemed to be discretionary in nature, therefore subject to the requirements of the California Environmental Quality Act (CEQA); and 3. Processing projects which involve CEQA review and documentation routinely results in costs to the local agency in terms of staff time, hearing notices advertised in the local news paper, county clerk filing fees, and alike, which typically are the responsibility of the permit applicant, and not the agency; and 4. In keeping with the City's current fee schedule for similar permit processing tasks and requiring similar CEQA review requirements, such as Minor Site Development Permits, Minor Use Permits, and Minor Variance Permits, the fee for discretionary demolition permit review should be set at a minimum of $225 per application; and 5. Chapter 1, Article 4, Section 3050 of the City Code allows that "the City Council may, from time to time by resolution, establish fees to be charged and collected for permits issued and services rendered" relative to the building regulations, wherein the recently adopted demolition permit procedures are codified. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following fee schedule amendment: 1. The fee to permit applicants seeking a demolition permit subject to the provisions contained in City Code [}3016 shall be $225. Resolution No. Page 1 of 2 Attachment 1 2. This fee shall become effective immediately upon adoption of this Resolution. PASSED AND ADOPTED on ,1999, by the following roll call vote: AYES: NOES: ABSTAIN' ABSENT: Jim Mastin, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. Page 2 of 2 PLANNING PERMIT FEE SCHEDULE Effective July 18, 1996 General Plan Amendment ............................. $900.00 100-0800-611-001 Rezoning ........................................... $900.00 100-0800-611-002 Subdivision (more than 4 lots) .......................... $900.00 100-0800-610-001 Subdivision (less than 4 lots) .......................... $450.00 100-0800-61 0-001 Boundary Line Adjustment ............................ $450.00 100-0800-610-001 Site Development Permit .............................. $450.00 100-0400-449-001 Use Permit .......................................... $450.00 100-0400-449-001 Variance ............................................ 100-0400-449-001 Minor Site Development Permit ......................... 100-0400-449-001 $450.00 $225.00 Minor Use Permit .................................... $225.00 100-0400-449-001 Minor Variance ...................................... $225.00 100-0400-449-001 Appeal .............................................. $ 00.00 Agenda/Minutes ................................. $150.00/Year 100-0900-905-000 Copy per page ......................................... $ .20 100-0900-905-000 CEQA Document Filing ................................. $ 25.00 NOTE: Minor Use Permit, Variance, and Site Development Permit applications are projects involving minor amendments to previously approved projects, projects involving a change in use, but no significant construction, small construction projects, and projects that do not raise major environmental or community issues, or that raise significant policy questions, as determined by the Planning Director. Attachment 2 Planning Permit Fee Study CITY OF UKIAH, CALIFORNIA Prepared by the City of Ukiah Planning Department January, 1996 Attachment 3 INTRODUCTION The City of Ukiah last revised its fees for planning and zoning activities on September 7, 1989. Prior to that time, the fees had been modified in 1964, 1973, and 1976. The purpose of raising the fees in 1989 was to move closer to recovering the costs associated with processing the planning and zoning permit applications. Since, 1989, the processing of applications has become more complex and time consuming. This is due to changes in State mandated procedures, increased citizen involvement, an increase in infill development, the demand for a higher quality planning analysis, and the emergence of typical growth pains such as, traffic congestion and the erosion of community character. Accordingly, the City is revisiting the fee schedule to determine if they are adequate in terms of recovering the actual costs of processing development permit applications. METHODOLOGY To determine the adequacy of the current fee schedule, two primary factors were explored. First, the fees were compared to the fees charged for the same permit by other jurisdictions. A number of jurisdictions, both large and small, as well as local and distant, were used for comparison purposes. Second, an average timeframe for processing a typical development permit application was established, and the staff salary implications were calculated. It was generally assumed that the processing time for the permits was basically the same as the surveyed jurisdictions, because the review process is basically the same statewide. SURVEYED JURISDICTIONS The planning permit fee schedules of nine (9) other cities were Redding Newark examined. Three (3) of the cities were located in the immediate Paradise Cloverdale area, two (2) from north of Ukiah, two (2) from the southern bay Claremont WillitS Carson Healdsburg area, and two (2) from southern California. Populations of the Cupertino MendocinoCo, cities ranged from 5,000 (Willits) to 84,000 (Carson), and in municipal square miles from 2.5 (Cloverdale) to 52.0 (Redding). In an effort to provide a contrast between various jurisdictions, both urban and rural cities were chosen for the survey. In all nine (9) cases, the fee schedules had been revised within the past six (6) years. To provide additional contrast, the City of Ukiah fees were compared to planning fees for the Mendocino County Department of Planning and Building Services. Most important were the fee schedules of Willits, Cloverdale, and Mendocino County, because of their close proximity and similarity to the City of Ukiah. ANALYSIS 1. Comparison of Fees The City of Ukiah's fees for planning permit applications are less than all surveyed jurisdictions. In some cases, particularly with respect to more urban jurisdictions, the differences were dramatic. For example, to process a General Plan Amendment application, Ukiah charges $600, while the City of Redding charges up to $5,490. It should be noted that the general procedures for processing a General Plan Amendment application are the same. In other instances, particularly with respect to more rural jurisdictions, the differences were minor. For example, the City of Ukiah charges between $125-$225 for a Variance application, while the City of Willits charges a flat fee of $160. The important comparison was between Ukiah and the Cities of Willits and Cloverdale, and Mendocino County. Overall, the research indicated that Ukiah's Planning fees are approximately 40.8 percent lower than Cloverdale fee's, and 22 percent lower than the fee's charged by the City of Willits. The Mendocino County Department of Planning and Building Services fees are substantially higher than those of the City of Ukiah. For example, Mendocino County charges $2,035 for a General Plan Amendment application, which is $1,435 more than the City of Ukiah's fee of $600. Again, the procedures for processing this type of application are generally the same. 2. Processing Time and Salary Implications To determine the actual cost of processing a typical development permit application, a breakdown of the hours of staff time was performed. Typically, all members of the Planning Department staff have some involvement in the review and processing of development permit applications. The most time is spent by the Associate Planner, followed by the Senior Planner/Environmental Coordinator, Department Administrative Secretary, and Planning Director. To compute the cost of processing, each staff member estimated how much time they generally spend with a typical development permit application, and hourly wages were totaled accordingly. The results, as illustrated in the Table below reveal that in order to process a typical development permit application, the Planning Department spends 25 hours at a cost of approximately $600.00. Position Time Spent Salary/Benefits Total Cost Associate Planner 15 Hours $22.91 $343.65 Senior Planner 5 Hours $30.10 $150.50 Secretary 3.5 Hours $14.30 $50.50 Planning Director 1.5 Hours $36.86 $55.29 TOTALS: 25 Hours $599.94 This dollar amount reflects the approximate "median" cost. In our judgement, there are an equal number of permits that cost the Planning Department more and less than this amount to process. CONCLUSIONS The City Planning Department fees are significantly less than what similar nearby jurisdictions charge for the same service. Additionally, our fees are substantially less than what the County Department of Planning and Building Services charges for identical permits generally processed in the same manner. The City fee collected to process a typical development permit application, such as a Site Development Permit is $150.00, where it costs $600.00 to process. Accordingly, on the average, the Planning Department recoups approximately 25 percent of the costs of permit processing. RECOMMENDATIONS . It is recommended that the City Planning Department propose an increase in the fees collected for processing Use Permits, Variances, and Site Development Permits to recoup a minimum of 75 percent of the cost of processing. This would result in the following fee schedule: Use Permit $450.00 Variance $450.00 Site Development Permit $450.00 Boundary Line Adjustment $450.00 . Establish "minor" Use Permits, Site Development Permits, and Variances. Examples of "minor" permits would be small amendments to previously approved Permits, projects involving a change in use, but no significant construction, and small development projects. In the opinion of the Planning Director, these types of projects would not involve major issues or raise significant policy questions. The fee for this type of permit would be $225 (50% of standard permit fee). Minor Use Permit $225.00 Minor Variance $225.00 Minor Site Development Permit $225.00 . Processing General Plan Amendments, Rezonings, and Major Subdivision applications are typically more complex and take approximately twice as much time as typical development permit applications. Accordingly, it is recommended that the fees for these permits be increased to an amount twice that for processing the typical permit: General Plan Amendment $900.00 Rezone $900.00 Major Subdivision (more than 4 lots) $900.00 1 Establish a fee for appeals of decisions made on permits. The intent would not be to discourage an appeal, but rather to recoup the costs for processing it. We suggest a fee of $75.00 to cover the cost of legal noticing, reproduction of staff reports and associated documents, and a minor amount of staff time. 4 TABLE 1 Comparison of Planning Department Fee Schedules APPLICATION UKIAH REDDING PARADISE Parcel Map $225 $545 $985 Major Subdiv $700 $2220 $1400 Use Permit $125-$450 $240-$1620 $ 375-$1070 Variance $125-$225 $310-$465 $590-$750 Site Plan Rev $150 $440-$1470 $330-$750 GP Amendment $600 $1280-$5490 $1340 Rezone $325 $890-$3550 $1280 Appeal $0 $85-$145 $36-365 APPLICATION UKIAH CLAREMONT CARSON Parcel Map $225 $2500 + Dep $2000 Major Subdiv $700 $4000 + Dep $2000 Use Permit $125-$450 $2500 + Dep $1500 Variance $125-$225 $1000 + Dep $1000 Site Plan Rev $150 $500-$4000 - GP Amendment $600 $4000 + Dep $2500 Rezone $325 $3500 + Dep $2500 Appeal $0 50% of App Fee $300-$1000 APPLICATION UKIAH CUPERTINO NEWARK Parcel Map $225 $1847 DPW Major Subdiv $700 $1847 DPW Use Permit $125-$450 $1509 $1500-$2400 Variance $125-$225 $706 $250-$900 Site Plan Rev $150 $327 $950-$1500 GP Amendment $600 $1847 $4000 Rezone $325 $1847 $4000 Appeal $0 $373 $80 APPLICATION UKIAH CLOVERDALE WILLITS Parcel Map $225 $515 $350 + $50/Iot Major Sub $700 $750 + $20/Iot $750 + $50/Iot Use Permit $125-$400 $400 $160-$500 Variance $125-$225 $180 $160 Site Plan Rev $150 $800 $125-$250 GP Amendment $600 $845 $500 Rezone $325 $340 $400 Appeal $0 $75 $100 APPLICATION Parcel Map Major Sub UKIAH $225 $700 HEALDSBURG $1,500 Consult Fee MENDOCINO COUNTY $1,685 $3,610 Use Permit $125-$450 $800 + $635-$1,475 Variance $125-$225 $300 $610 Site Plan Rev $150 $600 $620 GP Amendment $600 Consult Fee $2,035 Rezone $325 Consult Fee $800 Appeal $0 $150 $300-$600 Consultant Fee: The City hires, at the expense of the applicant, a consultant to process large project applications. The applicant is required to deposit 120% of the consultant's fee (actual cost plus administrative fee). This fee is for a minor use permit. Major Use Permits are jobbed out to a consultant at the applicant's expense. TABLE 2 Planning Permit Fees Cost Differences: Ukiah, Cloverdale & Willits APPLICATION UKIAH CLOVERDALE $ Difference Parcel Map $225 $515 $290 Major Sub $700 $750 + $20/Iot +$50 Use Permit $125-$400 $400 $275 to 0 Variance $125-$225 $180 $55 to $-45 Site Plan Rev $150 $800 $650 GP Amendment $600 $845 $245 Rezone $325 $340 $15 Appeal $0 $75 $75 APPLICATION UKIAH WILLITS $ Difference Parcel Map $225 $350 + $50/Iot +$125 Major Sub $700 $750 + $50/Iot $50 Use Permit $125-$400 $160-$500 $35 to $100 Variance $125-$225 $160 $35 to -$65 Site Plan Rev $150 $125-$250 -$25 to $100 GP Amendment $600 $500 -$100 Rezone $325 $400 $75 Appeal $0 $100 $100 APPLICATION UKIAH MENDOCINO $ DIFFERENCE COUNTY Parcel Map $225 $1,685 $1,460 Major Sub $700 $3,610 $2,910 Use Permit $125-$450 $635-$1,475 $510- $1,025 Variance $125-$225 $610 $485- $385 Site Plan Rev $150 $620 $470 GP Amendment $600 $2,035 $1,435 Rezone $325 $800 $475 Appeal $0 $300-$600 $300-$600 TABLE 3 Planning Fee Increase Scenarios APPLICATION UKIAH 10% Increase 15% Increase Parcel Map $225 $248 $259 Major Sub $700 $770 $805 Use Permit $125-$450 $138-$495 $144-$520 Variance $125-$225 $138-$248 $144-$260 Site Plan Rev $150 $165 $173 GP Amendment $600 $660 $700 Rezone $325 $360 $375 Appeal $0 $10 $15 APPLICATION UKIAH 25% Increase 30% Increase Parcel Map $225 $281 $293 Major Sub $700 $875 $910 Use Permit $125-$450 $155-$565 $165-$585 Variance $125-$225 $155-280 $165-$290 Site Plan Rev $150 $190 $195 GP Amendment $600 $750 $780 Rezone $325 $405 $420 Appeal $0 $25 $30 APPLICATION UKIAH 4o% Increase 50% Increase Parcel Map $225 $315 $338 Major Sub $700 $980 $1050 Use Permit $125-$450 $175-630 $188-$675 Variance $125-$225 $175-315 $188-340 Site Plan Rev $150 $210 $225 GP Amendment $600 $840 $900 10 Rezone $325 $455 $490 Appeal $0 $40 $50 11 ITEM NO. 9a DATE: March 3, 1999 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF COMPENSATING THE PLANNING COMMISSION WITH A MONTHLY STIPEND AND/OR INCREASING THEIR ANNUAL TRAINING BUDGET SUMMARY: On February 3, 1999, the City Council considered the suggestion of paying its Planning Commissioners a monthly stipend, after hearing from two Planning Commissioners at a previous meeting that this action seemed justifiable and warranted to them. Council (Continued on page 2) RECOMMENDED ACTION: Increase the Planning Department's budget to $5,000 per year for the purpose of expanding and facilitating the Planning Commission's annual training opportunities (prorated for the final 1/3 of this fiscal year amounts to $833). Direct that a budget amendment be forwarded in the amount of $833 for the current fiscal year. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Act affirmatively on the Planning Commission's proposal to increase the training budget for Commissioners and afford each of them a monthly stipend in an amount not to exceed $40 per Commissioner, per month. 2. Deny both facets of the proposal, which include increasing the training budget and providing a monthly stipend. Citizen Advised: Planning Commission Members Requested by: City Council Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager; and the Planning Commission Attachments: Planning Commission "Minutes" (February 10, 1999 Meeting) APPROVED:~~------~ ,'~/~::~L~'~.~ ._ Cand~ce ~orsiey, Ci~'y ~anager Page 2 referred the matter to staff, and subsequently a survey was conducted by the City's Budget Officer which showed that some cities paid their Planning Commissioners a monthly stipend, ranging from $25 to $100, and others did not, relying instead on the spirit of volunteerism to maintain the ranks of the Planning Commission. The survey consisted of 63 cities in Northern California with 38 (60.3%) indicating no payments to Planning Commissioners, and 25 (39.7%) providing the range of compensation cited. During the discussion of this item, Planning Commission Chairman Judy Pruden gave an overview of past Planning Commission dialogue on the subject of compensation. She indicated that beyond the compensation issue, increased training opportunities for the Commission were quite important, and that the Council should consider increasing the Planning Department's budget to allow for each Commissioner to attend legitimate classes or training sessions from time to time. In effect, the Council then had both the stipend issue and the training issue on the table for discussion, and possible action, although increased training was not a subject covered in the staff report, nor a subject previously addressed by the Council. After deliberating this item, Council decided that more information was needed relative to budget implications and training needs, and remanded the matter to staff for additional information and guidance. In response, staff formally placed this discussion item on the next Planning Commission agenda (February 10, 1999), and the Commission developed some guiding criteria for the Council to consider. Generally, the Commission concluded that both a small stipend and an increased training budget seemed justified. The "minutes" of this meeting are attached, and the following enumerated points would seem to summarize or capture the essence of the Planning Commission's opinions on the matter of compensation: 1. Expanded training in the field of planning is highly desirable, in addition to the two slots reserved each year for the League of California Cities' Planners Institute. There are numerous opportunities available throughout the year to satisfy each Commissioner's training needs, and the better equipped and qualified the Commissioner, the better the community is served. Accordingly, the Council should increase the Planning Department's budget to facilitate more training opportunities for the Commission. 2. A nominal monthly stipend also seems justified in that Commissioners experience out-of- pocket expenses to perform their duties in a responsible and meaningful manner (e.g., gas for site visits, time away from work, an occasional long distance phone call related to a planning matter, and subscriptions to pertinent professional periodicals), and each Commissioner sacrifices much personal time to the task. 3. The total financial obligation or commitment by the City towards training and compensation (items 1 and 2 above) should be reasonable, and a cap should be established and maintained. A reasonable cap for both the expanded training (including the existing $2,500 committed to the Planners Institute) and the stipend should be $5,500 per year. Page 3 4. The monthly stipend should be about $20 per meeting, per Commissioner. Recognizing that a handful of meetings are canceled due to holidays or lack of business during the year, and that the average is typically 18 meetings per year, the total cost using the $20/meeting criterion would amount to $1,800 per year for the entire Commission. 5. Subtracting the stipend's $1,800 from the proposed $5,500 cap, a total of $3,700 would be left for an annual training fund, which typically, although not certainly, would include the two slots (or $2,500) for the Planners Institute. 6. Regardless of the total amount of the training fund, the Commission should be able to utilize the fund money throughout the year for meaningful, relevant, and useful planning- related seminars, classes, and other training opportunities. 7. The Commission understands, appreciates, and agrees with the need for the training exercises or seminars to be relevant and useful to the duties of the Planning Commission, and that no Commissioner would be expected or allowed to pursue extraneous or irrelevant training functions. In staff's opinion, the items listed above would reflect the flow and content of the Commission's dialogue on the compensation issue. Nevertheless, the Council is encouraged to read the attached "minutes" from the Commission's meeting for a more complete picture of their discussion and consensus opinions. It might be worthy to note that after the Commission discussed the compensation issue, it coincidentally dealt with the matter of determining which two Commissioners should attend this year's Planners Institute Conference, to be held March 24 - 26 in Monterey, California. After reviewing the conference's list of sessions, only one Commissioner felt that attending the conference would enhance his planning knowledge, while the others opted to reserve the balance of budgeted money for future training opportunities more relevant to their needs. This conscientious approach to the training issue underscores this Commission's commitment to pursuing only relevant and meaningful training at the City's expense, rather than attending possibly redundant conferences due to an arbitrary prescription in the budget. Accordingly, the City Manager and Planning Director are whole-heartedly in favor of increasing the Planning Commission's travel and training budget. Not only is the amount being requested quite reasonable and responsible, but we too recognize and appreciate the value to the community in having and maintaining a well trained and qualified Planning Commission. However, the issue of the monthly stipend is less appealing to staff. As previously pointed out to Council, the Planning Commission is but one of several other commissions and committees made up of volunteers assisting the City with its business. Specifically, the City maintains the following permanent citizen advisory bodies besides the Planning Commission: Parks and Recreation Commission; Airport Commission; Traffic Engineering Committee; Golf Course Committee; and the Demolition Permit Review Committee. Moreover, temporary Page 4 committees are also formed from time to time to work on specific assignments (e.g., Growth Management Steering Committee; General Plan Element committees; Bicycle and Pedestrian Master Plan Committee; Urban Forest Committee, etc.), which are always based on volunteerism and not monetary compensation. Paying the Planning Commission, albeit a relatively small amount, would therefore constitute a significant departure from the expectation of volunteerism associated with other committees and commissions, and would set a precedent the City may not be able to apply to these other committees. This scenario, in staff's opinion, raises an issue of fairness which should be considered, and which, at the present time, the City Manager cannot support with any degree of enthusiasm. Nevertheless, staff is very supportive of having the City (Council and staff) show all the commissioners and committee members its appreciation for their dedicated service, often times long hours, and general commitment to a better Ukiah. Accordingly, the City Manager's office is currently developing ideas for ways to show its appreciation to all the commissions and committees on an annual basis. A dinner party has been discussed, as well as other possible events, and something definitive will be forwarded to the Council at a future date. In summary, staff can enthusiastically support the proposal to increase the Planning Commission's training budget, but finds the stipend proposal contrary to the spirit of volunteerism, which traditionally has been the underpinning of all past and present City commissions and committees. Also, staff is concerned about paying a stipend to only one of the many citizens advisory committees, and not paying the others, thereby creating an equity issue relative to the many other sitting committee/commission members. Consequently, a reasonable and more "cost productive" solution or compromise in staff's opinion would be to sizably increase the Commission's annual training budget to $5,000 (from the current level of $2,500), and forego, for the foreseeable future, the stipend idea. In so doing, the City Council would be offering the entire Planning Commission a substantial budget for on-going and meaningful training opportunities throughout the year for all the Planning Commissioners. If Council decides to expand the Commission's training budget for the current fiscal year, it would be advisable to prorate the amount over the final few months of this fiscal year, since the current fiscal year is 2/3 complete. Thus, using the additional $2,500 annual amount which would otherwise be added to each upcoming fiscal year, the 1/3 of time remaining on this fiscal year would amount to $833 to be added to this year's budget. In this context, the Council will recall that the Planning Commission opted to send only one Planning Commissioner to this year's Planners Institute, resulting in an additional $1,250 remaining in their travel/training budget. In any case, a budget amendment in the amount of $833 would have to be processed at the next Council meeting, if the decision is made to prorate the additional $2,500 for the remainder of this fiscal year. Last, both the Planning Commission and the City Council expressed an interest in seeing that the Planning Department staff had reasonable opportunities to hone their professional Page 5 skills from time to time by attending seminars and classes. Indeed, each body inquired as to the budget amount reserved for staff training, and stated or implied that the travel and training budget should reflect the inclusion of staff. Accordingly, the Planning Director agrees with this goal, and intends to make it a discussion item during the upcoming fiscal year (FY 1999/2000) deliberations with the City Manager and City Council. Similarly, the subject of increasing the travel/training budget for the Planning Commission could be accomplished in the context of the budget cycle, if the City Council opts not to deal with it at the present time. 7C. DISCUSSION OF COMPENSATION FOR PLANNING COMMISSIONERS A lengthy discussion followed regarding which issues constitute fair and reasonable compensation for Planning Commissioners. It was noted that currently the City provides reimbursement for specifically approved Commissioner expenditures and pays the expenses for Commissioners' attendance at the annual League of Cities Planning Commissioners Institute and other training sessions. Staff surveyed 63 cities in Northern California with 38 (60.3%) indicating no payments to Planning Commissioners and 25 (39.7%) providing compensation ranging from $25 to $100 per month. The City Council directed the Planning Commission to provide a more detailed outline as to what constitutes fair and reasonable compensation for Planning Commissioners. The current budget for two Planning Commissioners to attend the annual League of Cities Planning Commissioners Institute is $2500. There was discussion regarding increasing the present budget to $5,000.00, which would increase the possibility of additional training seminars. Chairman Pruden stated she would like to keep the present rotation schedule for attendance of two commissioners at the annual League of Cities Planning Commissioners Institute. Essentially, an increased budget would allow Commissioners the opportunity to attend training seminars other than the Planning Institute, relevant to an individual Commissioner's planning needs and experience. Planning Director Sawyer stated he receives many training seminar announcements and will provide the Commissioners with these brochures so the Commissioners have the opportunity to review a particular future training conference they may wish to attend. He suggested the Commissioners develop a training conference budget, which is both fair and reasonable for the benefit of the community, for City Council review and recommendations. Should the recommendation of an increased budget of $2500 be made available, this would allow each Commissioner $500 to attend training conferences at their discretion. The original $2500 would still be used for two Commissioners to attend the Planners Institute. Commissioner Larson stated he would prefer the Commission have the flexibility to determine how the budget money, in terms of training, will be spent within the guidelines allocated by the City Council. He proposed that the Planning Commission create a training conference budget wherein Staff would approve all final training seminar decisions. It was noted that the Planning Commission does not necessarily have to limit the proposed budget to $5000, but plan a budget to be presented to the City Council that would represent and provide fair and reasonable monetary appropriations. Chairman Pruden asked the City Council to consider reduction of their monthly salaries by $30 a month in order to allow increased budget money for Planning Commission training seminars. This would amount to $150 per month or $1800 per year. There would still be an additional request of $700. MINUTES OF THE PLANNING COMMISSION Page 8 February 10, 1999 Chairman Pruden inquired if the Commissioners were interested in a monthly stipend which would assist in covering added expenses or costs incurred by the Planning Commission position. Commissioner Chiles stated he was in favor of attending training conferences. It was noted that even though the Commissioners may receive a small stipend for their civil services, the position of Planning Commissioner is still considered voluntary. Commissioner Larson stated he would be in favor of a modest monthly stipend for his public duty as a Commissioner which would be considered a gesture to offset real or perceived expenses of time and actual costs incurred over the years as a Planning Commissioner. He feels a modest stipend of $25 per month would not be considered a reward, but simply an acknowledgment for services rendered as a public official. He proposes that Commissioners receive a modest stipend as well as money allocated for Commissioners to attend training seminars. Commissioner Correll proposed an expense/training budget be developed for review by the City Council. It was the consensus of the Commission that no one was opposed to a monthly stipend in addition to money allocated for attendance of training conferences. The Commissioners would be in favor of the City Council discussing the idea of a monthly stipend of $20 per meeting as well as discussion for an allowance of some budget money for training seminars. The $20 stipend can be used at the individual Commissioners discretion for expenses or costs incurred as a result of their appointment to the Planning Commission. Chairman Pruden stated she doubted whether the City Council would approve a modest stipend and an additional $2500 for training seminars. She also stated that during the course of a 12 month period, there are approximately 18 Planning Commission meetings, which would amount to $100 stipend per meeting or $1800 a year. This would essentially recapture what the City Council would forego on their total annual salary. A more realistic approach to satisfying the training seminar budget would be for the Commissioners to agree to limit themselves to one additional training seminar. The total amount of compensation per year including the original $2500 for the Planning Institute, modest stipend, and training seminar money would be $5500. 7D. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN It was the consensus of the Commissioners to allow Judy Pruden to continue to be Chairman and Eric Larson to continue as Vice-Chairman until the Commission has their election for Chairman and Vice-Chairman in July, 1999. ON A MOTION by Commissioner Puser, seconded by Commissioner Correll, it was carried by an all AYE vote of the Commissioners present to elect Judy Pruden Chairman and Eric Larson Vice- Chairman of the Planning Commission. 8. PLANNING DIRECTOR REPORTS: 8A. 8B. City Council and Redevelopment Agency'Action Future Planning Commission Agenda Items MINUTES OF THE PLANNING COMMISSION Page 9 February 10, 1999 AGENDA SUMMARY ITEM NO, lea DATE: March 3. 1999 REPORT SUBJECT: DISCUSSION AND POSSIBLE RECOMMENDATIONS ON THE PROPOSED MENDOCINO COUNTY WATER AGENCY MANAGER POSITION The Board of Supervisors took action at a workshop on July 15, 1998, asking staff to assess the merits of reorganizing the Mendocino County Water Agency and establishing a position to deal with water development issues. At that time, the Water Agency was staffed by one full-time Hydrologist who worked mainly on water quality issues throughout the County. On December 15, 1998, the County administrative staff brought back to the Board of Supervisors a report and their recommendations on reorganization of the Water Agency, which included the structure, financing, and some possible job duties for a Water Agency Manager. The Board of Supervisors directed staff to develop a proposed job description for the full-time position of General Manager, evaluate possible funding sources, and return to the Board for further discussion and direction. Since that time, County staff has developed a draft job description and has held three public meetings to receive public input on this position. Administrative Analyst Sue Goodrick has been kind enough to provide us with the minutes of these public meetings as well as correspondence and documents generated since the December Board meeting. Staff is bdnging the issue of the proposed Mendocino County Water Agency Manager's position to the Council for discussion, and to possibly formulate a recommendation to present to the Board of Supervisors who will be discussing this issue in the latter part of March. The Board of Supervisors will need to determine not only the organization of the Agency and possible funding sources, but also decide whether to have a full-time Manager or not. This is the area that the Council should address if you choose to make a recommendation to the Board of Supervisors. (Continued on Page 2) RECOMMENDED ACTION: After Council discussion, develop position relative to Mendocino County Water Agency General Manager position. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine position is not to be taken and take no action. Citizen Advised: N/A Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. Draft Job Description 2. "Minutes" of County public meeting regarding Manager position. 3. Communications from the public APPROVED:i._.~~ Candace Horsley Ci Manager 4/Can.ASRWater.99 The issue of staff resources for water matters within the valley, and throughout the entire County, is significant in light of recent activities involving many local entities. The Mendocino County Inland Water and Power Commission (IWPC) Joint Powers Authority was formed in September 1996 between the Mendocino County Water Agency, Mendocino County Russian River Flood Control & Water Conservation Improvement District, Redwood Valley County Water District, the Potter Valley Irrigation District, and City of Ukiah. The purpose of the Commission was to provide a united voice in issues relating to (1) the continued Eel River Diversion; (2) the viability of the PG&E Potter Valley Project; (3) the potential sale by Pacific Gas & Electric of the Potter Valley Project; and (4) to conduct negotiations and enter into agreements with agencies and entities located outside Mendocino County and with the State and Federal Government respecting Eel River and Russian River waters. One of the major benefits of the IWPC that has come to fruition since its inception is the development of a cohesive, cooperative, and unified force of many entities within the valley all leading toward a common goal. This is the first time, though several previous attempts have been made in the last 40 years, that this has truly has been accomplished. In the last two years, the Commission has been responsible for coordinating efforts on the Section 7 process of the Russian River, the Potter Valley Hydroelectric Plant FERC process, and several other water- related issues that are concurrently affecting the Ukiah Valley. The Commission consists of dedicated individuals who have spent many hours researching and replying to the various possible threats to the valley's water resources. All accomplishments to this point have been done without the benefit of staff, except through ancillary services. When PG&E submitted their proposal for the reduction and diversion of the Eel River, Mendocino County and the IWPC had to rely primarily on the Sonoma County Water Agency for staff resources in the areas of analysis, alternate diversion proposal, and staff expertise as to the best possible alternative to the PG&E proposal. Obviously, though we share many common concerns, the Sonoma County Water Agency's proposal is developed with service delivery to its customers as a primary concern. In Mendocino County we do not have similar staff expertise or resources. Though the new Mendocino County Water Agency General Manager's position is not being proposed to be a staff liaison with the IWPC, the expertise and resources of this position would be invaluable in all areas of water retention and development throughout Mendocino County. The draft job description describes the proposed responsibilities of the Manager as being responsible for planning, organizing, directing, and coordinating all activities and functions of the water agencies. This would include the planning, organizing, directing, and performing policy analysis of considerable complexity related to the development, preservation, restoration, enhancement, and management of County water resources. This would be accomplished through the formation of long-range goals, planning for future water supplies, facilitating communication and cooperation with other agencies and the public, negotiating the purchase of water, and developing programs for funding and water conservation. As indicated in the minutes of the public meetings and communications received by the County, there is a wide divergence of opinions regarding this position. Some feel that several Managers should be hired for various districts within the County and that they be funded separately as the areas all have different water issues. Others feel that a Manager could possibly inhibit the independent decision-making of the Hydrologist on water quality issues. Others have expressed their desire that there be only a Manager, who performs all of the duties now performed by the current Hydrologist and the proposed Manager's position. Though all of the proposals submitted by various parties have merit and present arguments worth consideration, staff proposes that, though the individual circumstances regarding water issues may be different, there is a general concern for water needs throughout Mendocino County, with the possible exception of Willits. Several areas on the coast are currently attempting to develop future water sources, and Anderson Valley residents have submitted many applications for water rights in the last ten years, none of which has been approved. Staff feels that it would be redundant and costly to separate the various areas of the County and hire a Manager for each zone. If one Manager is hired under the Mendocino County Water Agency, this person would be responsible for assisting each district in maintaining current water rights as well as securing new water right sources if it is deemed by the communities they have such a need. Mendocino County is in sore need of the expertise and assistance a proposed General Manager position would supply to the agencies who serve both residents and agricultural customers. When the County Board of Supervisors entertains discussion on this position, there will be many viewpoints as to the ultimate destiny of the Water Agency and the type of positions to be hired by the Board. If the City Council feels that this position will ultimately be of great value, not only to the Ukiah Valley but to the entire Mendocino County area, then staff would recommend that the Council discuss and take a position on the Water Agency General Manager proposal. Staff will communicate the Council' position to the Board of Supervisors by letter and attendance at its Board meeting on this issue. ** l:()l~, SOI.,ICITING F'UIILIC INI"IJ]' ONLY** (; ENI.~'I~.AIJ I)I~SCI~,I 1)TI ON: ,1OB I)ESCI~.t ]"l'I ()N END O CINO COUNTY '~VA']'I,]I~, AG GENE1L,'~L BIANAGI.I~. Under pc,licv direction of the \\'ater :\ge. ney Board cd'Directors, and administrative direction of the County. Administr:tti,.-c Ofl~cer. this person will toc tine General Manr,~,er.: of lbo .&oc~cv.~ . . responsible for plannings, or~,a~izin~,~ clirectin~, :..'.t,.! t_uigaAlizi~, dirccti~_a!~d performingd}olicv analysis of considerable compJexitv relalcd to the hv Water ,'\~.4'.e~cx' (_ienc'ral Massager shall bo the t)r'incipal administrative person in reporting lo the Water Agency . Directors. TI~c ]3oard c)I'])jrcctors of thc Agcncy determines overall policy Ihrouph orctinancc, resolutio~s. ]'}{(-)I'().SI.7.1) ]~,I';SI"ON.'ql 1211 l_~l']'l . . . . General mal~agclner~t, zt~d oversioht= oI' \\"ater ACencv:~ . . bttctqet~. , staf!'and day-to-day, operation,s. ]:om~ulating lc)~g-ra~qge goals relatecl to the development, prcservatio:~, restoration, enhancement and mana~_~c~nc~t of County water resources. Emphasis on water supply development (securing and ctex.'clopi~g new xvater sot~r,'cs) ancl protecting existing water sources and rights. t'rovicte mechanism and process for planning fllttu'e water supplies, both quantity and quality. Facilitate communication and cooperation with other a~encies (regional, state and federal), and the public. tidal County wide concerns can be represented by a single a~encv, cnhancino l]~e efI~ctiveness of l( cai representation. Supporting/coorctinating interagcncy efforts. Negotiate purchase of water as deemed appropriate by the Board of Directors, including establishment of inter- relationships between various water districts. Secure and administer, as appropriate, mechanisms xvhicla will assure revenues adequate to tkmd local water (grants. benefit assessments, improvement districts, etc.). Develop and implement programs promoting water awareness and water conservation for the County. Participate in the Russian River watershed process. ])evelop centralized data base l~r cotmtv wide water agencies. Collection and maintenance of data for Mcnctoci~,, County water resources. .\ TI 1 ~,I 121 1 i'I'ES/I( N O WLI.~I) (; E- l . -. 'l'cc]~nical co~npetencv in some aspect of'water, prel'crablv water ri<~hts and developing new water sources. ~tro~g administrative, managerial, fiscal and negotiation skills. ,.Xbilitx' to exercise inclcl)cnclc~t .judgment and initiative i~ interpreting and establishil~g policies tbr the el)Yeti\ Ability to collect, analyze and present l~nztncial a~d statistical data: and to prepare and rex'iow comprclac~': ..Xbilitx' to mal<c e/'IC'ctix'c prcsetatatio~s to at~d Ibr tiao Xk'ater ,,Xgc~c', 13c~arct oF l)ix'cctors, otl~er agency oi'/5 a~d tiN'it~"-~ OUlOS' or or~anizatio:as~ . and thc =,'choral public. ,=Xbilitx' to commui~icato cFlbctivolv, orally and in xvritin~, :Xbilitv to ostablisl~ and maintain cooperative relationships xx'itl~ govcmn~cntal agencies, x'ariot~s civic grot~p.-; organizations, coworkcrs and the general public. Computer literacy. Including knowledge of geographic inlbrmation systems ("G1S"), data bases, water models, etc. o o DRAFT PUBLIC MEETING - POINT ARENA, CALIFORNIA JANUARY 11, 1999 Mendocino County Water Agency Job Description - General Manager The meeting was called to order at 7:10 P.M., January 11, 1999. Present: Michael Scannell, County Administrative Officer; Sue Goodrick, Analyst; Lisa Warrick, Administrative Assistant; Supervisor David Colfax; Michi Colfax; Craig Bell, County Fish and Game Commission; Peter Y. Dobbins, Friends of the Garcia River; Steve McLaughlin, Coast Observer; Leslie Dahlhoff, Point Arena Mayor and Friends of the Garcia River; and Daniel Myers, Friends of the Navarro River. o o Sue Goodrick opened the meeting explaining that the Board of Supervisors, at its meeting of December 15, 1998, discussed the issue of Mendocino County Water Agency reorganization The outcome of that meeting was the recognition of the need to expand the Water Agency to focus more attention on water development issues. Staff was directed to obtain citizen comments on a job description for a General Manager of the Water Agency and report back to the Board in February. She further explained that the Water Agency reorganization was approved in theory only and that staff will receive further direction at the February meeting. Mr. Dobbins, representing Friends of the Garcia River asked for clarification on the issues discussed at the December Board meeting. It was his understanding that the Board wanted a general manager to increase water quantity and not to participate in the technical aspect, that being water quality. He did not agree with the idea that the General Manager would have "control" over the hydrologist with the ability to suppress environmental issues or concerns. Sue clarified that staffs desire, and that which will be delivered back to the Board, is that the General Manager position would serve as a manager to the district and the technical aspect will continue to be administered by the hydrologist, Dennis Slota. . Sue further explained that the Mendocino County Water Agency is a special district receiving approximately $60,000 from the County general fund and that the General Manager position would not decrease the amount allotted for technical/scientific research. A gereral fund augmentation would need to occur to support both the technical/scientific functions of the Agency. . Mr. Myers, representing Friends of the Navarro River, explained his concerns relative to the protection of the hydrologist position and that he would like to see some assurance that the hiring of a General Manager would not be used to eliminate that position. He also expressed his desire to have the funds currently allocated to the Water Agency protected and secured for the purpose of continuing the work presently being performed by Water Agency staff. o Mr. Myers expressed his desire to have the position defined as half-time position and questioned the decision to advertise for a full-time General Manager. Scannell discussed reasons why staff had recommended a full-time position. o Mr. Bell, representing County Fish and Game Commission, stressed that he does not want to see the Mendocino County Water Agency mimic the work and attitude of the Sonoma County Water Agency. He further explained that his desire is to have the Water Agency balance the work of water quantity and water quality. He believes, depending on the person hired, that the present emphasis on water quality could begin to pale by comparison. . Mr. Dobbins shared his belief that the current Agency is now operating under a "very balanced power" He questioned the motive for creating the General Manager position asking for assurance that the position is not being created so that the County taxpayers can pay for water development. He shared his belief that, as an example, the residents of Point Arena should not support (via Tax dollars) the valleys search for additional water. Discussion ensued relative to the utilization of a "Zone of Benefit" in which improvement/development costs remain in the local area where the benefits will be derived. 10. Mr. Bell stated his belief that defending water rights should be included in the general job description. Mr. Dobbins echoed the concerns of the group by stating that those with the greater needs should provide the greater resources. Scannell explained that Zones of Benefit, if created, would be divided by geographical areas and accomplishing this task would require a vote of the people. 11. Mr. Myers asked that some reference to consistency with the General Plan be incorporated into the position description. He also stated that the description as presented appeared to be a fair and valid explanation of the position if some mention of General Plan consistency was included. 12. Mr. Dobbins provided staff with a draft Mendocino County Water Agency memorandum addressed to Sue Goodrick. She explained that she had not received the document and that it appeared to be a "work-in-progress" document. However, Mr. Dobbins, on behalf of the Friends of the Garcia River, stated that the document is an accurate statement of their concerns and requests. The document, as presented, is attached for reference. 13. Mr. Myers asked that past Water Agency staff be solicited for input. Staff agreed to make the job description available and t© seek input from past Water Agency staff. 14. Those present voiced their appreciation to staff for holding the meeting in Point Arena. Scannell reiterated that the job description is still a "work-in-progress". The item will be presented to the Board along with possible funding options in February, sometime after the Willits, Fort Bragg, and Ukiah public meetings. 15. Ms. Dahlhoff, Point Arena Mayor, stated that Point Arena has benefitted from Slota's work and that he has been extremely helpful in protecting the Point Arena water supply. She reiterated that the type of work that is performed by Slota needs to be protected. 16. Mr. Myers discussed his distrust for the motivation behind the reorganization and development of a General Manager job description based on a report addressed to Supervisor Delbar and prepared by Kristin VanPatten, Deputy Clerk of the Board regarding the history of the Water Agency and the estimated cost savings derived by eliminating the Agency. Staff agreed to obtain a copy of the document and review it prior to the next public meeting. 17. Scannell closed the meeting at 8:45 p.m. agreeing to provide the final staff report to all those present at the meeting and any other interested party. Prepared by: Lisa D. Warrick Administrative Assistant County Administrative Office cc: Participants of Public Meeting o o PUBLIC MEETING - UKIAH, CALIFORNIA JANUARY 25, 1999 Mendocino County Water Agency Job Description - General Manager The meeting was called to order at 7'10 P.M., January 25, 1999. Present: Richard Shoemaker, Chairman of the Board[ Supervisor Michael Delbar; Michael Scannell, County Administrative Officer; Sue Goodrick, Analyst; Lisa Warrick, Administrative Assistant; Roger Wong, Personnel Director; G. C. Beeson, Mendocino Cattleman's Association; Peter Bradford, Landowner; Bill and Sibyl Townsend; Bill Randolph, Ukiah Valley Streams Coalition; Dave Sagehorn; Keith Tieman, Redwood Valley CWD; J. Nelson Jones; Candace Horsley, City of Ukiah; Linda Bailey; Dianne Chocholak, Mendocino County Water Agency; Janet K. F. Pauli, MCIWPC; Chet Van Vleet; Barbara Spazek, MCIWPC and MCRRFC; Daniel Myer; Linda McClure, Mendocino Environmental Center; Steve Thomas, Russian River Flood Control and Water Conservation District; and Jean Harmon, Millview Water District. o Sue Goodrick opened the meeting my thanking those in attendance and introducing Chairman Shoemaker, Supervisor Delbar, and CAO Michael Scannell. Sue explained that at the December 15, 1998 Board of Supervisors meeting, staff received direction to develop a draft job description for a Water Agency Director for the Mendocino County Water Agency and to hold several meetings to obtain input from the public. o Candace Horsley, Manager of the City of the Ukiah, explained that the City has been working with the County on water issues in the valley. She further explained that the City of Ukiah has used the resources of the Sonoma County Water Agency many times, and that they have been accommodating with research and biological information. Ms. Horsley supports the recommended draft position because she believes that the added position will allow the County to get the expertise needed to gather appropriate data and perform the required research. o Janet Pauli reiterated the comments made by Ms. Horsley. She feels that it is important that the general manager should be able to demonstrate a track record for negotiation ability and strong management skills in addition to "good people skills''. She feels the draft job description is adequate. Ms. Goodrick explained that Ms. Hillary Adams has written numerous news articles regarding the draft position but has not talked to County staff directly. Ms. Goodrick further explained that the articles are very interesting and Ms. Adams' statements about the draft job description not having adequate qualifications regarding environmental issues has been noted. Bill Randolph reiterated Ms. Pauli's comments about the general manager being a strong person and that the person should have a sound basis of hydrology and water resources. He also requested that the general manager be skilled in dealing with groups and be well schooled in water shed and resource management. o Dave Sagehorn explained that the Personnel Director, Roger Wong, was asked to evaluate the possible costs of this position. Mr. Sagehorn stated that he believes incentives will need to be offered by the County. He also read a list of qualifications he feels are necessary for this position (attached). o Gerald Beeson stated he would like to see the general manager be a longtime Mendocino County resident with water resources knowledge and strong ties in Sacramento. 10. Peter Bradford stated that he believes the previous speakers were accurate in there desires and observations regarding this position. Mr. Bradford asked the question "will this administrative person deal with all aspects of water in the County, such as gravel issues?" 11. Daniel Myers inquired about the reporting relationship, asking if the staff hydrologist would answer directly to the Director. Mr. Myers feels that the draft job description does not adequately cover the specifics of the position. He believes "water quality" should be specifically mentioned in the document and that both the general manager and the hydrologist should posses knowledge in all aspects of the Water Agency. Mr. Myers believes the position of general manager should be a one-half time position. 12. Michael Scannell explained that the job went well beyond water rights and, the option that there exists a population of people who have degrees in civil engineering and experience in the legal side of the issue is not being discarded. 13. Linda McClure stated her concern about the general manager may become a "filter" for the person doing the job now. She is concerned about water quality and, therefore, would like to see the general manager serve in a parallel position with the hydrologist. 14. Ms. Goodrick explained that the general manager would oversee the department, (including the hydrologist), stating that staff believes this to be the direction of the Board during its December 15, 1998 meeting. 15. Mr. Sagehorn compared the general manager position and the hydrologist position to that of the control of a ship, stating one person must be responsible for steering the ship while the other should posses the knowledge to take over for the captain, but leaving the captain as the one held accountable. 16. Bill Townsend stated that he believed the efforts to create this position has come 30 to 40 years too late, however, he also believe the draft job description a good place to begin. He stated that it is his belief that mistakes will be made but that the creation of a general manager is a necessary beginning. 17. Ms. Horsley asked if this person would be involved in water shed issues and stream restoration? 18. Mr. Scannell explained the North Coast Water Quality Control Board (NCWQCB) is looking to the Water Agency to be involved in water shed issues and stream restoration. He further explained that the NCWQCD has commented ~n the "good job" that is currently being accomplished by the Water Agency. 19. Linda Bailey stated her belief that the draft job description is too broad and that there appears to be no mention of the hydrologist. She feels that the current job description of the hydrologist should be used as a "building block" and that the general manager should be conversant with the scientific principals of water. Ms. Bailey stated her belief that someone with a water shed resource background should be sought. She further explained that there appears to be a concern with the public that the scientific position could be removed if funding becomes an issue and that the Board of Supervisors should make a commitment to maintain the hydrologist position funding, that being funding from the tax base. Ms. Bailey further commented that a zone of benefit should be used in obtaining funding for the position. She stated her desire to see that Inland Power and Water work closely with the County generally, and the general manager specifically. She went on to say that the majority of people in Mendocino County do not pay for water and that if we want to protect our water, the citizenry must start paying for it. Her suggestion is that 75% of funding come from Inland Power and Water (including the County), and 25% from the County's general fund. 20. Mr. Sagehorn stated his opinion that the Board of Supervisors would have to agree to the goals of the Water Agency and that the general manager would need to assist the Board. 21. Keith Tiemann explained that he felt the draft job description is a good start for a position that has been needed for some time and that he believes the general manager should answer directly to the Board. He reminded those present that in 1990, nineteen agencies joined forces to attempt to create a valley-wide task force involving fire, water, ambulance, etc. That attempt failed and he believes the failure to be a direct result of not having a general manager. 22. Steve Thomas agreed with Mr. Tiemann and explained that he believes this process is long over due. Mr. Thomas commented that the Sonoma County Water Agency has the ability to "speak with one voice" and Mendocino County lacks in this effort. He believes that water supply needs to be an issue, but not at the expense of water quality. 23. Diann Chocholack asked that the person hired be directed to ask the water districts if it is their desire to be united. She explained that the Sonoma County Water Agency speaks with one voice because they are in control of water for the entire county and that districts will have to decide what they expect with this position. 24. Chet Van Vleet stated his belief that the County does need to place someone in control, however, he is concerned about the job description stating that the general manager will answer to the County Administrator. He believes this to be a conflict and seeks clarification as to whether the person hired will be an administrative person or answer to the County Administrator. 25. 'Mr. Scanne!l explained that he (the County Administrator) takes direction directly from the Board and that his role is Eo carry out the desires of the Board. The Board sits as the policy making body of the County, but also sits as the Water Agency Board of Directors. There is no legal conflict. He further explained that the general manager would received policy direction from the Board of Supervisors, but the day to day operations of that policy would be reported to the County Administrator only for administrative direction. 26. Mr. Bradford stated his desire to maintain the goal of obtaining public input regarding this important issue and does not believe that the Board should make this decision without that input. 27. Ms. Goodrick announced that another public meeting is scheduled for Wednesday, January 27, 1999 at the Willits Community Center and that staff will be reporting back to the Board with the results of all the public meetings in late February. She further explained that every person who placed an address or phone number on the sign-in sheet will receive a notice of the Board meeting. 28. The meeting was adjourned at 8:20 p.m. Prepared by: Lisa D. Warrick Administrative Assistant County Administrative Office cc: Participants of Public Meeting o o PUBLIC MEETING - WILLITS, CALIFORNIA JANUARY 27, 1999 Mendocino County Water Agency Job Description - General Manager The meeting was called to order at 7'10 P.M., January 27, 1999. Present' Supervisor Tom Lucier; Sue Goodrick, Administrative Analyst; Lisa Warrick, Administrative Assistant; Carrie Brown, Farm Bureau; Ellen and Daird Drell, Willits Environmental Center; and Mike A'Dair, Willits News. o . o o Sue Goodrick explained that the County's intentions are to report back to the Board of Supervisors in late February with a staff report based on the comments received at the public meetings, and to ask for direction regarding the Mendocino County Water Agency General Manager position, as well as funding options for that position. She further explained that the proposed salary range is somewhere between $60,000 and $70,000 and that the proposed position will be full-time equivalent. Mike A'Dair asked for clarification from staff as to who is responsible for preparation of the draft job description which will be presented to the Board of Supervisors. Ms. Goodrick clarified that the draft job description and staff report will be prepared by staff from the County Administrative Office and reiterated that it will be seeking direction. Carrie Brown commented that she believes that the Board of Supervisors may be demonstrating too much authority over the Water Agency and that she would like to see the legal issues clarified before the final decision on proceeding with Yhe hiring of a general manager is made. . Ms. Goodrick stated that at the initial Board meeting (that being December 15, 1998) these legal issues were mentioned, however, she also believes clarification is needed. She committed to following up on this issue. o Ms. Brown explained that, in the past, a staff member of the Water Agency had testified at a state legislative meeting and gave an opinion that was not necessarily that of the Board. She feels that this is a concern to the public and that the general manager position is necessary to oversee the staff of the Water Agency. o Ellen Drell stated that she believed the $60,000 to $70,000 salary range is too high, especially since the general manager would be overseeing only one full-time hydrologist and one part- time support staff member. She went on to say that she feels that Mr. Jackson, the Mendocino County Water Agency Hydrologist, is doing a great job and that she believes he would like to continue to perform the job he is now doing. Ms. Drell also stated that the water districts of the inland area are well represented, but on the coast the feeling is that they do not have anyone to assist in locating additional water. She stressed that finding more water should not be confused with overseeing a person (Mr. Jackson) whose main concern is water quality. She suggests that the County may want to hire water advocates instead of a general manager. 10. Ms. Brown explained that water district boards are almost all volunteers, and that these people to not deal with legislation, which is something the general manager would be doing. She further expressed that water quality and water quantity should not be confused. Both are equally important to the citizens of Mendocino County. Ms. Brown continued by stating that while Mr. Jackson is doing a good job, he is often asked to comment on Planning matters, road matters, and other assistance as it relates to water. She wants to see the general manager position recreated, as it was deleted during hard budget times. 11. Ms. Drell believes that if the County is looking for a water advocate, that should be the draft job description and should not be a job description for a general manager. She does not want to see a general manager overriding hydrologist decisions. She further explained her desire to see the county hire someone to advocate for water, but, again stressing the position should not be a general manager. She feels that the county needs an expert~ . not a general manager. 12. Ms. Goodrick stated that Ms. Drells concerns would be reported to the Board. 13. David Drell questioned whether there existed a real need for additional water, except maybe in the Redwood Valley area. 14. Ms. Goodrick explained that part of the issue of water is growth verses no growth. She further explained that there were areas in the county that definitely needed additional water. Ms. Goodrick explained that the idea of zones of benefit was mentioned at both the Point Arena and Ukiah public meetings. The people present at those meetings seemed to favor the idea of zones of benefit. 15. Mr. Drell asked why the Inland Power and Water could not hire a water advocate to fight for legislation for water quantity. His opinion was that he believed it was inappropriate to consider removing water from sources already devastated and that if water was stored during the wet seasons, the ecosystem would suffer. He explained that the ecosystem needs the water produced by the wet seasons and that even if there appears to be excess water, there may not be. A general manager should not be making these decisions, an expert should. 16. Ms. Drell shared her believe that one person cannot possibly do all that needs to be done, that to expect one person to perform all the tasks necessary is unrealistic. 17. Supervisor Tom Lucier explained that the hiring of a general manager is a step towards adding staff to the Water Agency to accomplish all the necessary tasks. He explained that the County currently has one hydrologist who works very hard and feels a general manager would be an asset to the Water Agency. 18. Mr. Drell asked if the position should be a colleague as opposed to a general manager. 19. Ms. Drell again stressed her feeling that the position should not be a general manager, but instead, someone specifically for fighting political battles. The problem with the draft job description is that it combines political expert with technical expert and that it is not realistic that one person can perform all the required tasks. She again stated her belief that the general manager should not oversee the technical person, that being Mr. Jackson. 20. Supervisor Lucier reiterated that, although Mr. Jackson works very hard, it is impossible to expect him to accomplish all the necessary tasks. He assured those present that there concerns would be made available to the other members of the Board of Supervisors. 21. The meeting was adjourned at 8'45 p.m. Prepared by' Lisa D. Warrick Administrative Assistant County Administrative Office cc- Participants of Public Meeting Mendocino County Water Agency Memorandum TO' From: Subject. Sue Goodrick, Administration Dennis S 1 ora, MCWA /~~.~.~.. January 19,1999 Comments for Proposed Qualifications and Tasks of Water Agency General Manager The proposed job description does not match option 3 as presented to, and voted on by, the Water Agency Board of Directors on December 15, 1998. Option 3 states equal orientation of the scientific and administrative functions of the Water Agency. However, the proposed job description is a hierarchical model with all functions of the Water Agency (staff, budget, tasks, day to day operations) under the control of the General Manager. This manager will have unlimited power for "planning, organizing, directing and coordinating all activities and functions of the Mendocino County Water Agency." I believe that this Agency will function most effectively with a cooperative, team effort involving the different disciplines of hydrology and long range water quantity policy planning. While each position has some clearly distinct functions, one focussing on water quality and one focussing on water quantity, these functions clearly overlap. The hydrologist and water quantity specialist should work together in cooperative fashion, without the subordination of one discipline to the other, as the current job description indicates. This mutual coordination and respect will allow the major Water Agency tasks of securing adequate water and protecting existing ~vater supplies to occur in a credible fashion. To be clear, this Agency has been involved in water quantity issues over time. An inventory of water use and future water needs was prepared for the Russian River Basin, the Eel River Basin and the Coastal Basins during the period of 1986-1992. More recently, this Agency has focussed on water quantity issues in Redwood Valley, Anderson Valley, Brooktrails, and the Town of Mendocino. Enclosed for your review is a revised job description that I believe more accurately reflects the intent of Option 3 as presented to the Water Agency Board of Directors. CC: attachment Mendocino County Water Agency Board of Directors Michael Scannell, CAO C:~DAT-VW P ADMIN',MCWA MAN.ME2 DRAFT DRAFT DRAFT DRAFT Job DESCRIPTION MENDOCINO COUNTY WATER AGENCY c~v~vD A, ~ A ~ ~CVD WATER SUPPLY SPECIALIST GENERAL DESCRIPTION: Under policy direction of the Water Agency Board of Directors, and administrative direction of the County Administrative Officer and in cooperation with the Hydrologist, this person will be the ~ ................ ..... ~ ~,,t ...... &,,, of' Water Quantity Specialist for the Agency, responsible for planning, organizing, directing and coordinating all activities and 5dnctie, ns regarding the development of water resources o~ by the Mendocino County Water Agency. This shall include planning, directing, and performing policy analysis of considerable complexity related to the development, preservation restoration, enhancement and management of County water resources. The Water Agency r,. ..... ~ ~,,~ ...... ............... ~,.~ Water Supply Specialist shall be the principal administrative person in reporting to the Water Agency Board of Directors regarding water quantity issues. The Board of Directors of the Agency determines overall policy through ordinance, resolutions, and directions The r,_ ..... ~ ~/~ ...... ............... 5'., Water Quantity Specialist, in cooperation with the Hydrologist, shall enforce the policies of the Board of Directors. PROPOSED RESPONSIBILITIES: 1. General management and oversight of the Water Agency's efforts to develop water resources; ~",~,~'* ~,~,4w ~,~ Formulating long-range goals, in cooperation with the Hydrologist, related to the development, preservation, restoration, enhancement and management of County water resources. Emphasis on water supply development (securing and developing ne~v water sources) and protecting existing xvater sources and rights. In cooperation with the Hydrologist, provide mechanism and process tbr planning future water supplies, both quantity and quality. Review and update, as needed, the Agency's projections on water demand in Russian, Eel and Coastal basins. Hold public meetings in/he Russian, Eel and Coastal basins to discuss water resource development. Facilitate communication and cooperation with other agencies (local, regional, state and federal) and the public, such that County ',vide concerns can be represented by a single agency, enhancing the effectiveness of local representation Supportinffcoordinating interagency eflbrts. 5. Negotiate purchase of water as deemed appropriate by the Board of Director's, including establishment of inter- relationships betxvcen various xvater districts- Secure and administer, as appropriate, mechanisms ~vhich xvill assure revenues adequate to fund local water needs (,grants, benefit assessments, improvement districts, etc.) Develop and implement programs promoting water awareness and water conservation lbr the County. Participate in the Russian River watershed process. ...... v ............Update and computerize the Agency's database lbr county xvidc water agencies. Assist thc Hydrologist in the collection and maintenance of data lbr Mendocino County xvater resources . _ . _ _ ATTRIB UTES/KNOWL E DG E: 1. Technical competency in some aspect of water, preferably water rights and developing nc~v water sources. 2. SU'ong administrative, managerial, fiscal and negotiation skills. 3. Ability to exercise independent judgment and initiative in interpreting and establishing policies tbr the effective operation ^c.~,~, ^ ...... ....... s .... j development of water resources. MENDOCINO COUNTY EMPLOYERS COUNCIL 597B SOUTH MAiN STREET UKIAH, CA 95482 TEL-707-462-5021 email: abel~saber, net FAX-707-462-031 $ Mr. Michael Scannell, CAO Mendocino County Administration Center 501 Low Gap Road Ukiah, CA 95482 12 FEB 1999 Dear CAO Scannell: The M.C.E.C. Directors have requested that I forward to you their recommendation for consideration in finalizing job specifications for the MCWA general manager. First of all, our recommendations are based on the supposition that the County is truly interested in serious water development and management responsibility throughout the County, but especially, in coordinating the various water interests relating to the Russian River Our recommendation is also tied to the concept that staff NOT be increased at this time, but modified to meet the new direction of the agency relating to water inventory, development and planning.. If this is the basic County direction, then M.C.E.C. recommends that a General Manager position be created which provides for proven administrative ability including management of any staff assigned, experience in public finance, knowledge of the history and legal structure of MCWA, and the ability to execute policy decisions by a board of directors in cooperation with various other public agencies. The GM should have experience working for a policy board as well as the ability to work with many disparate groups in coming to a common set of goals, and working effectively to meet such goals... The GM should be a generalist with the ability to hire or contract for technical or legal assistance. The GM should be able to work with the Regional Water Quality Control ' '- ' -': .,..-, :-: '-. ,u_ ":'.A v ' PAGE Board on issues dealing with water quality, rather than duplicating such efforts... The GM should be able to assist and coordinate local water districts and agencies to present unified positions with outside agencies, especially SCWA. The GM should be able to develop regional efforts to develop and protect water rights as well as working towards additional rights, if appropriate. The GM should work for water conservation, funding lbr projects, develop a water conservation program, provide information and update studies on Mendocino County water needs. Finally, the GM should report on a regular basis to the Board of Supervisors in public session as to the MCWA activities.. The emphasis on the GM. position must 'be of general ability to work with differing groups, while developing a long term action plan fbr water development, protection and utilization within Mendocino County. The ability to utilize technical, financial and legal expertise should be part of the GM's attributes, subject to Board of Director approval. Al Beltrami Executive Director DR?,.3'T DRiWT DR33'T January 16, 1999 Nlendocino County Water Agency Board of Directors (?ourthousc 100 North State Street Ul<iah. CA oq.~ ~'~ re: Water Agency Staffing Needs Dear Board of Directors: Sue Goodrick has asked me to review a job description entitled, Mendocmo C'ou,tv II'¢terAgen©, (_;e~era/Mam:kger. I understand that the development of this job description is the result of action the Board took at their I)ecembcr 15. 1998 meeting. I am told that thc Board adopted Option 3 i__ \Vater Quantity and Water Quality issues should have equal weight. The Water Agency was created in 1949 to act as the local sponsor for tile construction of Coyote Dam. Clearly the creation of Lake Mendocino was an attempt to deal with water quantity issues. However, when tile voters of the county were asked to support tile project they refused. The people outside of the Russian River watershed used their vote to tell their elected officials that they did not want to pay tbr a project that would not directly benefit them. The county-w/de rejection of the Coyote Dam project lead to the creation of the Russian River Flood Control and Water Conservation Improvement District (RR)'C&WCID). The ibcus of the Improvement District has shifted fi'om flood control issues early in its histm.'y to efforts to secure additional water supplies in recent )'ears. Just a few years ago they were actively seeking to create a new reservoir. Itowever, their efforts seemed to have failed. Redwood Valley Water District (RV\~T)) has been under a court ordered moratorium on new hook-ups. They hired a consultant to locate a new reservoir site for them. Their consultant was unable to come up with a prqject thc District could at'ibrd. That led the RV\¥q) to hire the \Vater Agency and the U.S. Geological Survey to conduct a study of ~'oundwatcr conditions within the District's boundaries. ttoxvever, this etlbrt also fliled to find an economically viable source of water for the District. These tlu'ee examples de~nonstrate that securing new water supplies is reD: difficult and costly and that county voters tend to reject projects that do not directly benefit them. These facts suggest that the Board may bc well advised to try a different course to solve thc watcr resource needs in the Count)'. Thc first step that needs to be taken are to define the water quantity needs of the different regions in the county. The second step is to establish zones of benefit to clearly tie the expense of development to the project beneficiaries. The legislation that created the Water Agency specifies how zones of benefit are to be created and operate. Each Zone can have its own Board and staff. Thc water resource needs in Mendocino County are spelled out in a series of tltrec reports that Dr. Sari Sommarstrom prepared ibr the Water Agency. Dr. Sonunarstrom prepared a separate report tbr each of the major watersheds in the County, the Russian River, the Eel River and the Coastal Basins. Dr. Sommarstrom's work is accepted and respected. The RRFC&WCID uses Dr. Sommarstrom's Russian River report to define the quantity of water they need to meet their projected future needs. Which areas of the County am potential candidates ibr a zone of benefit? The Russian River certainly has the need for additional water supplies, ttowever, would voters of the L~iah Valley be willing to pa)' an assessment to a zone of benefit to develop water supplies when they are already paying the DRAFT DR,~WT DRAFT RRFC&\VCID tbr similar services? I think that successfully creating a zone of benefit for water supply in the Ukiah Valley is highly.' unlikely. Additionally, there is no reason to believe that a new entity will have an}' more success in developing water supplies then thc organizations that have already tried. Besides RRFC&WCI1) thc Russian River '~vatcrshed is ah'eady scpvcd by several water districts including the City of Ukiah and the inland Power and \\Pater Cotmnission. Fostering conununication and cooperation among these agencies is a ve~.-y worthwhile goal. Itowever, the County Water Agency ma,,' not be the best vehicle to achieve tlmt goal. Perhaps the Inland Power and \Vater Conmfission u'ould 1Je a better choice to coordinate the various water resource agencies in the Russian River watershed. LAFCO studied the problem of coordinating/consolidating water agencies in the Ukiah Valley in the 1980's. Their report concludes that the while technical benefits of coordinating/consolidating thc districts was great but the political reality suggests that such a move is extremely unlikely. The Town of Mendocino has significant v,.'ater supply problems. The residents of the Tov,.'n of Mendocino rely on indMdual wells, several of which run out of water each }rear. The Mendocino City Community Services District (MCCSD) provides thc Town of Mendocino ,,vastcwater disposal scpdccs. The MC~SD also has authority to mange ground water within their district boundaries. The MCCSD has also been pursuing the development of water resources. Fort Bragg has also been struggling to secure additional water supplies tbr several };ears. It would be natural to considerjoining these two entities and thc SmTounding area in a common zone of benefit to develop water supplies. Of course, the formation of a zone of benefit would not guarantee the successful development of water supplies. Thc ,4~nderson Valley is another potential location tbr a zone of benefit. I notice that this important agricultural area of the count}, was left off the public meeting schedule to take input on the new \grater Agency position. Numerous water rights applications have been filed in thc Anderson Valley area in the last ten years. None of these applications have been approved. The5.' are stalled because the state DMsion of Water Rights has concerns about the environmental impacts of the proposed diversions. A benefit assessment district could offer applicants a mechanism to pool their resources to fund the enviromnental studies required by the state. The Division of Water Rights is also considering tying diversion periods to th= USGS gauge on thc Navan'o. Thc USGS is requiring a local sponsor tbr most of their stream gauges. They have closed several gauging stations in the last few years due to a lack of funding. A zone of benefit could be a vahmble vehicle to provide long telm funding tbr the Navarre gauging station. The City ot' \Villits has its own watershed and reservoir system It is unlikely tlmt a zone of benefit can provide any real advantage to Willits. Brooktrails was intcrestcd in developing additional xvatcr supplies. t towever, they already have the power to assess property owners tbr water development. Funding The Watcr Agcncy's tax basc is vcr}' small. I had to obtain grant funding and limit myself to 32 hours pcr week to have enough money to pay for clerical and field assistance. Funding fi)r thc ncxv position should come from the County General Fund until a zone of benefit is established. Once a zone of benefit has been created funding could come fi'om the assessment. DR,~'WT DRAFT DRAFT Conclusions The goals of the Board of Directors may best be met by establishing a Water Supply Specialist position to set up zones of benefit in the ,~nderson Valley and the Fort Bragg -Mendocino area. The position would be fundexl by the County General thnd until the zones ot' benetit were established. Funding tbr the position could then come fi'om the zone assessments. Sincerely, Dennis Jackson Hydrologist COAST ACTION GROUP P.O. BOX 215 POINT ARENA, CA 95468 Mike Scannell Mendocino County Board County Administrator 501 Low Gap Road 501 Low Gap Road Ukiah, CA 95482 Ukiah, CA 95482 Subject: Water Quantity Staff Position- Water Policy 1 am sure it will be of no surprise to you to be told that water is the single most important element offishei.T habitat. Loss of water, as habitat, is the largest of the limiting factors related to the sustenance of our fisheries. And once water is lost from a rive,'ine system that has provided habitnt, it is very rare that it is replaced. This is one cfa xvhole list of reasons why water quantity issues are contentious in our time. In the eft'crt to secure, at the direction of the Board of Supervisors, a new water quantity staff' person; care should be taken to review and acknowledge potential problem areas. Failure to make such recognition could bring serious financial and ecological calamity to tile County of Mendocino, land owners dependent on water' for residential, commercial, industrial and agricultural uses, and the environment of our county. First, it must be recognized that all the major rivers in the county have been declared as impaired for' failure to support beneficial uses (EPA 303 (d) list - 305 (b) report). Most of these very same rivers supply water for agricultural and residential use. Many of these water sources are already over'- allocated. That means xvhen an allocation is applied for, protest can be made, and allocation and adjudication ofxvater rights must be made by the State Water Resources Control Board - Division of Water Rights. As a result of these processes unintended consequences can occur with ensuing litigation (as on the Russian River and N.F. Gualala, and likely on the Noyo and Navarro). The consequences include the loss of moneys spent studying and developing policy and on litigation, to loss or reduction of water rights. All of which are potential big ticket items - loss of money, resources, and opportunity costs. I have included legal arguments in a Water Law Review (you can just skip to the quantity issues) - Attached. Water Policy developed by the Water Agency must meet Clean Water Act and Endangered Species Act mandates. Also, State of California environmental and xvater ia~v and state Fish and Game Code must be complied with. The County of Mendocino has it's own compliance mandates, including Water Policy and other resource protection mandates itl the General Plan (see attached appendices). There are several water availability studies and inventories fox' future needs or coastal Mendocino and other areas in the county that point to appropriate water management. One of the recommendations found in these documents, but rarely acted on, is suggested conservation measures. Conservation oFwater may be the single largest thctor in providing fox' future needs. Any new \Vater Agency staff should be aware of the above constraints and work with existing staW (Dennis Slota) for the development of comprehensive water policy and planning objectives. WATER QUALITY AND QUANTITY - LEGAl_, ARGUMENTS The Discussion and Outline fi'om Text compiled by Alan Levine fox' Coast Action Group from ARIZONA STATE LAW JOURNAL, Emerging issues in Water Quality Standards in tile West: Quality AtTecting Use and use Affecting Quality, by David Baron ,Volume 27 * Number 2 * Summer 1995 I. Introduction Clean Water Act (CWA) to restore an maintain the chemical, physical, and biological integrity of the Nation's waters by 2 key initiatives: 1) development of national, technology-based effluent standards and treatment requirements for major categories of polluting activities; 2) adoption of ~vater quality standards for' rivers and lakes to protect actual and potential uses such as fishing and s~vimming. The EPA initially focused on technology - based standards and technology based effluent limitations - mostly industrial categories (40 C.F.R. §§ 405-71). Effluent limits were implemented / controlled by NPDES permits { 33 U.S.C. § 1342 (a) (1)} required for all point source dischargers. The nations waters still remain badly polluted. Over 38% of river miles and 44% of lake acres are too contaminated to support designated uses - fishing and swi~nming (actually newer studies show the situation to be ~vorse than indicated). Studies shoxv that nonpoint sources - such as runoff from rangelands and farm fields - are responsible for' much of the pollution. Technology based effluent limits do not ordinarily address such sources. In 1987 Congress strengthened the Act. With EPA guidance there is new focus on protecting and enhancing the uses of rivers and lakes. Standards can be adopted for a wide range of pollutants in all types of waters, and apply regardless of the source of contaminants. Because standards under tile CWA are fairly absolute, they carl also force development of innovative pollution control techniques 1I. Process The Clean Water Act sets up a joint federal and state program for fighting pollution. Tile Act requires each state to adopt water quality standards and submit them to the EPA for approval. If the EPA disapproves the standards, in whole or in part, tile EPA must promulgate federal standards to supplant the disapproved portions (33 U.S.C. § 1313 (c) (3)). NPDES permits must contain effluent limitations sufficiently stringent to ensure threat tile state water quality standards xvill not be violated by tile discharge (33 U.S.C. §§ (b) (1) (c), 1324 (a) (1); 40 C.F.R. §§ 122.4 (d), 122.44 (d) (1) (i)) [ this has a nexus with TMDL promulgation/ implementation]. The EPA can delegate NPDES permitting.authority to states with adequate permit programs of their own (U.S.C. § 1342 (b)). Many of the most applicable requirements of the Act are set forth in Volume 40 of the Code of Federal Regulations, part 131 (often refereed to as EPA's "Water Quality Standards Regulations"). In addition to ensuring that the standards comply with the Clean Water Act, The EPA must also ensure that they are consistent with the Endangered Species Act (16 U.S.C. § 1536 (a) (2)) (see also Joint Memorandum, Coordination Between the Environmental Protection Agency, Fish and Wildlife Service and the National Marine Fisheries Service Regarding Development of the Water Quality Criteria and Water Quality Standards Under the Clean Water Act, July 27, 1992 - reprinted in EPA, Water Quality Standards Handbook: Handbook) If EPA disapproves the state standards, it must inform tile state of the nature of the deficiencies and allow ninety days for their correction ( 33 U.S.C. § 1313 (c) (3) - see Handbook). If the state does not make timely corrections, EPA must "promptly" propose substitute federal standards, and finalize those standards within 90 days of proposal, unless the state makes the necessary corrections interim (33 U.S.C. § (c) (4) (B) (see also - ttandbook) 111. Waters Covered Definition of waters covered extends to intrastate lakes, rivers, streams (INCLUDING INTERMITTENT STREAMS), mudflats, sandflats, wetlands, or natural ponds - the use or degradation of~vhich could effect interstate or foreign commerce (40 C.F.R. 232.2). Tributaries and impoundments of such waters are also included, as are adjacent wetlands. EPA's regulatory definition is so expansive that is rare to find a river or lake that is not covered. Tile EPA definition expressly cites recreational use by interstate travelers as an exalnple of an actual or potential connection to interstate commerce (see, e.g., United States v. Byrd, 609 F. 2d 1204, 1209-10 (7th Cir. 1979); National Wildlife Federation v. Laubscher, 662 F. Supp. 548, 549 (S.D. Tex. 1987). But see Hoffman Homes, Inc. v. EPA, 961 F. 2d 1310, 1316-23 (Tth Cir. 1992)). The definition also sweeps in tributaries of such waters, including normally dry xvatercourses, an'oyos, and washes ( Quivira Mining Co. v. EPA, 765 F. 2d 126, 129-30 (10th Cir. 1985). The definition also encompasses wetlands adjacent to the kinds of waters mentioned above (40 C.F.R. § 232.2). Wetlands are areas that are inundated or saturated by surface or ground water at a fi'equency and duration sufficient to support and that under normal circumstance do support a presence of vegetation typically adapted for life in saturated soil conditions (40 C.F.R. § 232.2 (r). An ad. jacent wetland can be a water' of the United States even if there is no surface connection to the nearby river or lake. ARTIFICIAL CANALS are also treated as xvater of the Untied States ifthey have some connection to navigable waters ( see, e.g. Weiszmann v. District Eng'r, 526 F. 2d 1302, 1305 (Sth Cir. 1976). WHAT ABOUT GROUND WATER? the courts that have addressed the issue seem to agree that groundxvater is not within the reach of the CWA if it is totally isolated fi'om surface water (citation not included). Tile courts are split, however, on whether the groundwater can be covered if it has a hydrological connection to surface water (citations not included). Most of these cases address the question of whether a discharge to tributms, groundwater should be treated as a discharge to a water of the United States, thus requiring a NPDES permit under the CWA. At least one court has ruled that water quality standards are required for "any subsurface waters having a clear hydrological nexus" with surface waters ( Kentucky ex rel. Hancock v. Train, 9 Env't Rep. Cas. (BNA) 1280, 1282 (E.D. Ky, 1976) - see 33 USC § 1314 (a) (1), 33 USC § 1313 (c) (2) (B); 40 C.F.R. § 131.11 (b); infi'a notes 102-17 and accompanying text) IV Form of the Standards A state water quality standad "shall consist of the designated uses of the navagable waters involved and the water quality criteria for such waters based upon such uses (33 USC § 1313 (c) (2) (A)). The Standards shall "protect the public health or welfare, enhance the quality of water and seve the purposes of th CWA. Standards must pro,note achievement of teh CWA goals, which include the attaimment of "fishable ans swimmable" waterrs throught the nation (Id. § 1251 (a) (2); Handbook) A. Designated Uses Criteria (numeric pollution limits) must be developed to protect designated uses - swimming, cold water fish habitiat, drinking water. States can define designated uses - but, existing uses must be maintained and protected (33 U.S.C. § 1251 (a). A second requirement of"designated use" comes fi'om the CWA national goal of achieving, wherever attainable, water quality" which provides for the protection and the propagation of FISH, SHELLFISH, and WILDLIFE (aquatic life habitat) and provides tbr recreation in and on tile water'" (33 U.S.C. § 1251 (a) (2)) -- fishable / sxvimable. A state can overcome the fishable/swimable presumption fora given watercourse be performing a "use attainability" analysis showing that tile use is not attainable. This process is difficult and rarely used. EPA rules indicate that states must provide a use attainability analysis meeting the requirements of 40 C.F.R. § 131 (g) (1) through (6). A use is deemed attainable if it can be achieved by imposition of all applicable national effluent limits on point sources and adoption ora reasonable control program for' non-point sources (40 C.F.R. § 13 I. (d), (h) (2)). B. \Vater Quality Criteria 1. General Requirements The Act requires state to adopt water quality criteria to protect designated uses. Water quality criteria carl consist of numeric pollution limits, or narrative standards. Criteria must be sufficient both in terms of coverage (for example, range of'pollutants limited) and stringency to protect tile designated uses. 2. Numeric Criteria The choice of numeric criteria by the state is heavily influenced by tile national criteria documents prepared by the EPA under section 304 of the CWA C. Narrative Criteria According to the rules, states should set narrative or biomonitoring criteria "where numerical criteria cannot be established or to supplement numerical criteria (40 C.F.R. § 131.11 (b)) The EPA has taken the position that narrative criteria are necessary to comply with section 303 (c) (2) (A) of the CWA, which requires standards to protect public health or welfare, enhance the quality of water, and serve the purposes of the CWA (Handbook). Narrative standards typically consist of broad result - oriented requirements applicable to all waters, such as the following: All xvaters, including those xvithin mixing zones, shall be fi'ee from substances attributable to wastewater discharge or other pollutant sources that: 1) Settle to form objectionable deposits 2) Float as debris, scum, oil or other matter forming nuisances 3) Produce objectionable color, order, taste, or trubidity 4) Cause injury to, or are toxic to, or produce adverse physiological response in humans, animal, or plants 5) Produce undesirable or usance to aquatic life EPA rules require that where a state adopts narrative toxicity criteria to protect designated uses, the state must also identify procedures for implementing those criteria (Handbook). The state must explain how it will develop specific limits on point source discharges to ensure that the narrative standard is met (Handbook), For-the meaningful implementation of narrative standards as well as the mandate in section 303 (c) (2) (B), EPA needs to develop specific guidelines for acceptable levels of species survival- level that ensure both tile short and long term maintenance of health aquatic ecosystems. D. Antidegradation In addition to designated uses and xvater quality criteria, state standards must include antidegradation requirements (40 C.F.R. § '131.12) - strong policies to prevent degradation of existing water quality. This policy must contain 3 elements or tiers (Handbook): Tier one - requires that existing uses and water quality necessary to protect uses must be maintained and protected ( 40 C.F.R. § 131.12 (a) ('1)), Tier two - prohibits degradation of tier-two waters to below fishable/swimable quality, and preclude lowering event to those levels without showing that: a) such degradation is necessary to accommodate important economic and social development; and b) the most stringent requirements for point sources and best management practices for nonpoint source pollutant controls ~vill be achieved (id.). Antidegradation rules are significant because they require protection beyond ~vater quality criteria. E. Total Maximum Daily Loads The CWA requires state to identi~, those xvaters for which technology-based limitations are not sufficient to produce compliance with water quality standards ( 33 U.S.C. § 131 (d) (1) (A)). For such "water quality limited xvaters", states must develop "total maximum daily loads" (TMDLs) for-each pollutant for which standards are being violated (33 U.S.C. § 131 (d) (1) (C)). The TMDL sets the maximum amount of the pollutant that the water body can receive daily without violating the ~vater quality standards, with a margin of safety (Id.). EPA rules further require the state to assign portions of the load to point and nonpoint sources along the waterbody, limiting the allo~ved contribution from each category so as to ensure the standards will be attained and maintained ( 40 C.F.R. § 130.7, Handbook). States are required to submit lists of water quality limited segments, along with TMDLs. to EPA every two years ( 40 C.F.R. § 130.7 (d) (1)). EPA must review the lists and TMDLs within thirty days and approve of disapprove them. lfthe EPA disapproves the state's list or TMDLs, the Agency must promulgate its own list and TMDLs within thirty days (33 U.S.C. § 1313 (d) (2)). V. Application and Enforcement of the Water Quality Standards The CWA requires NPDES permits for all point source discharges, and those permits must contain effluent limits stringent enough to protect all water quality standards in the receiving river or lake (33 U.S.C. § 1311 (b) (1) (C), Handbook). Effluent limits must not only protect numeric and narrative water quality criteria, but also must ensure compliance ~vith antidegradation requirements and any applicable TMDLs (citations omitted), the Supreme Court recently ruled that the CWA mandate to protect designated uses has legal significance independent of the criteria that are require to protect those uses ( PUD No. I of JetTerson County v. Washington Dep't of Ecology, I 14 S. St. 1900, 1910-11, 1994). Water quality standards also impact the issuance of permits under section 404 of the CWA for the discharge oFdredge and fill material into waters of the United States (33 U.S.C. § 1344). Such permits cannot be issued iFthe discharge xvill cause or contribute to violation of any applicable state water quality standard or "significant degradation of the waters of the United States" ( 40 C.F.R. ,{ 230.10 (b)- (c)). Tile statues and rules governing water quality standards are also among the very Few provisions in federal law' that address nonpoint source pollution. As noted above, EPA rules prohibit state fi'om removing a designated use if that use can be attained by implementing technology based effluent standards through NPDES permits and "cost effective and reasonable best management practices for nonpoint source control" (40 C.F.R, § 131.10 (h)(2)). The antidegradation roles prohibit degradation in high quality waters unless the state assures implementation of best management practices for nonpoint source control (40 C.F.R. § 131.12 (a)(2)). In some cases, courts have indicated that Federal agencies must limit nonpoint source pollution where necessary to prevent violation oFthe state water quality standards (see, e.g., Marble Mountain Audubon Soc'y v. Rice, 914 F. 2d 179, 182 (9th Cir. 1990)). VI. Water Quality and Water Quantity The CWA and EPA's implementing rules contain a number of provisions relevant to the interface between water quality and water quantity. The stated purpose of the CWA is "to restore and maintain the chemical, physical, and biological integrity of the nation's waters," indicating a broader goal than just pollution prevention (33 U.S.C. § 1251 (a), 1988). The CWA also contains a heavy emphasis on protecting uses such a fish habitat and recreation - uses that obviously require maintenance of adequate flows. There is a strong presumption in favor of protecting fishable/swimable uses, even in Iow flow waters (citations omitted). If'the state wishes to rebut this presumption, it must show not only that natural flows are too low to support the use, but also that this deficiency cannot be corrected by addition of sufficient volumes of effluent into the stream (40 C.F.R. § 131.10 (g)(2), '1004). There are also provision in the act suggesting congressional respect for state water rights laws. The Supreme Court recently clarified the interplay of these provisions in PUD No. I o£J'efferson County v. Washington Department of Ecology (114 S. Ct. 1900 (1994)). Tile Court found that state water quality standards are incorporated by reverence in 33 U.S.C. § 1311, citing the language of 33 U.S.C. § 1311 (b) (1) (C) and supportive legislative history. The Court upheld the specific instream flow condition on several grounds - including designated uses "migration, rearing, spawning, and harvesting of salmonid and other fishes." The Court found that the state's minimum flow requirement xvas appropriate to protect these uses. Section 303 of the CWA, said the Court, required state standards to contain both designated sues and water quality criteria, indicating that each component has independent significance. The Court reasoned that although water quality criteria offer a convenient enforcement mechanism, and in most cases will be sufficient to protect uses, they cannot be expected to address all potential threats to uses. The Court rejected arguments that a generic requirement to protect "uses" was to open-ended, noting that the CWA allowed states to adopt narrative criteria that were similarly broad. The state's antidegradation policy provided a separate ground for upholding the stream flow condition. In accordance with EPA's antidegradation regulation, Washington had adopted and antidegradation rule providing that "existing beneficial uses shall be maintained and protected and Plo further degradation which would inter£ere with or become injurious to existing beneficial uses xvill be allowed" . The stream flow condition, said tile Court, was a proper' application of this policy because it was designed to protect existing use. the Court noted" "EPA has explained that under its antidegradation regulation, 'Plo activity is allowable ...... which could partially or completely eliminate any existing use.'" Next, the Court rejected PUD;s argument that tile CWA was concerned only with water quality, not quantity, stating: "This is an artificial distinction. In many cases, xvater quantity is closely related to water quality; a sufficient lowering fthe water quantity in a body of water could destroy all of its designated uses, be it £or drinking xvater, recreation, navigation or, as here as a fishery." The Court noted that the CWA defines "pollution" in terms of the "physical" and "biological" as well as tile chemical alteration of water, and recognizes that the pollution may result fi'om changes in water flows. A strong argument can be made that EPA water quality standards rules require limits on such diversion to effectuate antidegradation and use protection policies - even in the case of pre-existing stream diversions. Because the Court viewed stream flow depletion as a form of pollution (for-example, because it degrades the physical and biological integrity of the waterbody), then minimum stream flow requirements are the type of "pollution controls" than ( and probably must) be imposed on top of existing water rights (see PUD, 11 S. Ct,. at 1913). The CWA goals of maintaining and restoring the Nation's waters are not somehow suspended merely because a diverter or waste discharger has previously been allowed to act contrary to those goals ( EPA take the position that water quality standards must in some cases limit existing rights in order to effectuate the CWA. Fol' example, EPA has propose ~vater quality standards for the San Francisco Bay delta that can only be implemented by limiting upstream diversion that were authorized by xvater rights permits issued decades ago. CONSISTENCY WITH GENERAL PLAN Fisheries a. Protect, maintain, restore, and enhance salmon and steelhead spawning and nursery habitat. b. Identify streams with spawning and nursery habitat and determine their current and potential fish population levels. d. Alloxv only compatible development along those important stream sections identified in/Cb above. f. Modify the grading and surface mining ordinances to incorporate the necessary measures to protect and enhance fish habitat, including riparian vegetation protection, and erosion and sediment control measures. n. Support instream flo~vs adequite to maintain and protect historic fishery values within all county streams. Water Resources 2b. An effective grading ordinance which is complimentary ~vith Chapter 70 of the Uniform Building Code shall be adopted and implemented within the next 12 months. Forestry 3c. Encourage forest management practices on public lands which ',,viii avoid or minimize resource and land use conflicts. 3e. Encourage enforcement of the State Forest Practice Act and attendant regulations. Vegetation and Wildlife a. Mendocino County Grading Ordinance shall be adopted and implemented within 12 months which will include reasonable measures to: i. Retain and restore riparian vegetation. ii. Protect and retain natural vegetation in or near construction and road-building sites More General Plan - Water Policy Attached - Appendix A APPENDIX A MENDOCINO COUNTY WATER POLICIES General Plan - Land Use Element Water Resources 5a. Initiate and support, in conjunction with appropriate state and federal agencies, detailed studies of all groundwater basin in the County to determine more accurate estimates of the location and quantity of the groundwater supplies. Aquifer recharge areas particularly need to be identified. 5b. Provide incentives for water conservation practices by all water users by supporting: i. Technical and financial assistance for irrigation management; ii. Additional research and education on water conservation methods; iii. Appropriate water charges to users by water purveyors; iv. Water conservation in the sizing of water supply and waste water treatment facilities; v. Use of water conservation fixtures and drought-resistant landscaping. 5c. Encourage the State to revise water rights law to: i. Facilitate doordinated management and use of surface and groundwater resources; ii. Reserve adequate stream flows for protection of fish and wildlife habitat and other instream uses. 5d. The quantity of water necessary to maintain and enhance agricultural uses shall be determined and positive measures taken to assure this quantity. 5e. Promote the use of wastewater for irrigation, where feasible. 5f. Support and promote an accurate inventory of: i. Available water, both surface and groundwater; ii. Existing water rights; iii. Current and potential water demand. 5h. No new water diversion shall be allowed that directly or indirectly exports water from within the County to areas outside of the County. 5i. The County shall encourage the construction of water storage facilities, such as water tanks, small reservoirs, and farm ponds for water supply and fire protection. 5j. Water development plans shall include mitigation and enhancement features for fish and wildlife. 6a. No development shall be allowed in the County beyond proof of A-1 county when and where appropriate. General Plan - Coastal Element p. 107: Area designated on the Local Coastal Plan maps as having a variable density zoning classification, which are proposed for greater density by the development of a surface water supply, shall be required to have adequate engineering, proof of water during the dry season, and operation of the system by a duly licensed Water Treatment Plant Operator of the proper grade. As the County completes its Coastal Groundwater study, greater densities may be allowable within the variable density zoning classifications. 3.8-8: Newly constructed public water supply and sewage disposal systems and expansion of existing systems should be designed to serve development consistent with that permitted by the Land Use Plan, provided that a reasonable capacity should be reserved for potential industrial development at locations designated by the plan. 3.8-9: Approval of the creation of any new parcels shall be contingent upon an adequate water supply during dry summer months which will accommodate the proposed parcels, and will not adversely affect the groundwater table of contiguous or surrounding areas. Proof of water supply shall be made in accordance with policies found in the Mendocino Coastal Groundwater Study dated June 1982, as revised from time to time and the Mendocino County Division of Environmental Health's Land Division requirements as revised. 3.8-10: In order to be developed to the smaller parcel size, areas indicated on the map as having a variable density zoning classification shall be required to be served by a public water system which utilizes surface waters, and which does not impact upon the ground water resource, or by completion of a hydrologic study which supports those greater densities. 4.13-16: Ail new development (in the Town of Mendocino) shall be contingent upon proof of an adequate water supply during dry summer months which will accommodate the proposed development and will not deplete the ground water table of contiguous or surrounding uses. The findings of the Coastal Ground Water Study of June 1982 shall be incorporated in the Mendocino Town Plan. A-3 menrJocino County Farm Bureau AffiJia~ed with the Colifomb Farm Bureau Federation and the American Form Bureau Federal'ion Norma C. BortoJomeL ~,,,~,,~ Corre J. Bro~n, ~,~,~.. ,~;~i~ January. 25, 1999 Mr. Mike Scannell, Administrator Cotmty of Mendocino 501 Low Gap Road Ukiah, California 95482 Dear Mr. Scannell; 3//endocino Count)' Farm Bureau (3dCFB) has~ long a&,ocated to &e Board of Supetwisors that the COUrl~. : of g,fetMocino must assist residents, small water districts o~M cities concerning ~uater issues attd water nee&. MCFB feels the g~endocino Ccntn~ Water Agency ('3dCI$'A,) is the profler enti.ty' for this purl)ose. Fee believe the Supervisors have no, v recogT~ized this responsibiliO, by a reorganization of the agency to include a general manager position arm by directing Administrative staff to develop a job deso'itotion for the ne~v position in MC[VA. Farm Bureau believes the following should be the duties of a general manager of th is agency: a.) Help water districts throughout the County protect odsting water rights, help establish water righ ts for th e present supply if n on e exists, an d/or assist a district to apply for additional or ne**, water rights; h.) Collaborate regional efforts to explore, evaluate and, when practical, develop all possible surface water resources to address the need for continuing orderl, r developmcnt of water resources to meet the growing needs for water in futttre years; c.) Identify sources of fundbtgfor both the agency and its projects; ct) Help protect groundwater qualiO, and supply; ~) Support local input, control and administration to achieve water quality standards an d regulations; f) Sapport the wise use of our water resources by developing a water conservation program.; 303-C Talmage Road * Ukiah, California 95482-6417 * {707) 462-6664 Fo~ (707) 462-668I g..) Coordinate informational water forums within the Count.' to keep water districts, the public and elected of J~cials informed on water issues, laws, cImngin~, regulation and supply. h.) Catalogue and maintain past/present studies related to water in the County; Manage and oversee MCgt~A staff work within the agency; j.) Manage and oversee MCWA staff work in collaboration with County departments., other governmental agencies and private entities; lc.) Prepare and submit quarterl), reports to the Board of Supervisors summarizing the work and activities of 3dC~VA. Sincerel.~; ~Vorrna Bartolomei, President P.O. Box 178 · Philo, CA 95466 Phone 707 895-2876 Fax 707 895-3786 Ms. Susan Goodrick Mendocino County Administration Department 501 Low Gap Road Ukiah, CA 95482 Re: Water Agency Organization Dear Ms. Goodrick: I have attended two of the workshops you have conducted on this reorganization. I have some comments and concerns with the draft job description and the process. INDEPENDENCE OF THE AGENCY The independence of this agency has been under attack for many years. This issue resurfaced again in August 1997 when, in response to supervisor Delbar's inquiry, Kristen Van Patten prepared its history. Her memo, attached, outlines the past attempts to place the agency under the control of either administration or planning. The memo also responds to the inquires about the cost savings of eliminating the agency. The meetings that followed culminated in this agenda item, which is again about compromising the independence of the agency. Attempts have been made to isolate the agency hydrologist in administration, planning, solid waste, transportation and other departments that would impose a non elected department head between the agency and the directors of the agency. Both Ray Hall and Dennis Slota have pointed out the conflict of interest that such a relationship would create. I do not oppose the hiring of a full time or half time general manager, however the agency should be free of any official connection to the other departments and particularly free from the administration department. The environmental community has been an adversary in these proceedings as they see them as an attempt to weaken support for the watershed efforts. Any reorganization must address this distrust. Linda Bailey suggested that any new position be funded either out of the general funds or from funding generated from water development and that the hydrologist continue to be funded from water agency funds. While this wouldn't bind future boards of supervisors, it would make a statement with respect to the intent of this board. POSITION DESCRIPTION I understand it is the proposal that a full time general manager be hired and that the hydrologist report to the general manager. That general manager would be responsible for the entire agency. As written the position description reads more like a description for a water development specialist who reports to a general manager. It describes only part of the responsibility, the water development portion. None of the specific responsibilities of the current ongoing watershed work are listed; i.e. support of the TMDL process, CEQA reviews, gravel extraction, water quality monitoring, THP review, review of use permits, etc. These should be specifically stated along with all the other responsibilities. How the general manager apportions work between his or her self and the staff hydrologist will be determined by the general manager. While the section on responsibilities should clearly list the entire responsibilities of the agency, the section on attributes may be tailored to the aspects of water development. The language in the first sentence of the position description concerning "...administrative direction of the County Administrative Officer..." is vague and in conflict with the concept of independence. It should be deleted. I would suggest that the position description state that the duties shall be commensurate with the generalplan andfitrther its goals. I suggest that it specifically state a responsibility for implementation of the general plan's Water Resources Goals and Policies Goal #2 Policy 2b: An effective grading ordinance which is complimentary with Chapter 70 of the UBC shall be adopted and implemented. For ten years or so it seems to have been the responsibility of the planning department to frustrate this requirement of the general plan. The planning department has now requested to be relieved of that task and whereas the water agency has been assigned to work with the 5 county commission, it makes sense to ask the water agency to take on that responsibility. This would go along way toward gaining the support of the environmental community. The new person should have credentials in hydrology in addition to their other requirements. Mr. Scannell stated that much of the current staff's time is spent in the collection of data connected with the TMDL process for the Garcia and Navarro rivers. This is true, and their work load will increase five fold when our other rivers have active remediation programs. The requirement of monitoring river data will continue for a very long time and will involve every river in our county, including the Eel and Russian, all of which are listed as TMDL impaired. The county does not need a administrative supervisor for the present well functioning agency. It needs another hands on person. The Board of Supervisors must determine if the county can afford to fill this full time position. The board originally voted 3-2 to fill only a half time position. It was Mr. Scannell who insisted this be a full time posilion. It seems reasonable if the position is advertised, it be indicated that less than full time status would be considered. If it has broad public support, enlargement of the water agency can be a major benefit to the county. It will have that support if the board returns the agency to a fully independent status, affirms its continuing responsibility for support of water quality monitoring and is fully supportive of the county's general plan. ~Daniel Myers CC' Board of Supervisors Allen Levine Attachment