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HomeMy WebLinkAbout1998-11-18 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, October 21, 1998 3a The Ukiah City Council met at a Regular Meeting on October 21, 1998, the notice for which had been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Councilmembers Chavez, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Ashiku. Staff present: Airport .M...~Rager Bua, Community Services Director DeKnoblough, Finance Director Elton~iii~isk .~'agedBudget Officer Harris, City Manager Horsley, City Attorney R.a...:pport, Q~y.....~iiii~i~:ector of Public Works Seanor, and City Clerk Ulvila. ..:~!!!i!i!ii!iiii!!!!~: "~::iiiii~!ii~iii!~ii~!!iii!i!!ii~ ............. Councilmember Chavez led the Pledge of Allegi~e. ,~ili?* 3. PROCLAMATIONS;. 3a. Proclamation: National Business Womea..:~.~?:~~iii~iii~tober' 18-24.1998 Mayor Malone read the proclamation supportin~i!i~'atio~i~~:.s.s Women's Week of Gai, Fil~man, President of the Busine~iii~ii~~i~nal ~en's group in accepted the Proclamation on behat~' the ~.~f~~~'s Point,cai Caucus, the Assodafion of University Womea::~?:~oropt~'St, ~~r women's organizations throughout Uk~ah, and thanked .~:~fic~ ~o~r sup~l"' ~b. P~oc~m~on: ~eco~f~ o~ H~ ~n~ ~e~ ao~a~m ~o~ Od~n~ Pumpkin C~y M~~Hors~f~~ed the~~~ the Pumpk~nFest which was odg~a~te~ throug~::~~~ of ~~~~.h~rley'"~:~'~am. She noted that they organized the first fest~va~ ~'~~~. E~~?~re ~s ~ncreased enthusiasm and ~nt~rest for the Pumgk~nFe~:~::~~}:~}pant~-~~f~ and v~s~tors. Based on the Both~m s v~s~on, the Chamber of.:.:~~~~ oth~~mun~ty based organizations are now sponsoring the event. S~'~'~':::~~::~ard~"wrote the Proclamation. M~"M~one read'~~'~c~amat~on ~n recognition of Har~ ~nd Shirley Botham's ~n~ement ~n the Uk~' C0unt~ Pumpk~nFest and ~nv~ted eye,one to jo~n ~n the fun and f~t~es October 2~d 25. He reposed that there ~s a huge demand for booths at the ~~, wa~ch ~s .~ ~ah year o~ operation. ~~~~m advised that he retired to Uk~ah ~ years ago ~rom H~ Moon Bay, w'~?~?~'~d h~s w}fe were actively ~nvolved ~n the annua~ Half Moon Bay Pumpkin Festival, which ~s the second largest ~n No~h Amedca. They brought their ~ove of the pumpkin to Uk~h ~nd are h~ppy w~th the suppo~ the community has shown them. Mrs. Shirley Botham advised that the Ukiah PumpkinFest would not have gotten off the ground had it not been for her husband's enthusiasm. She recalled that Judy Pruden was October 21, 1998 Page 1 approximately 300 bike enthusiasts to participate in the October 25 event. It is their hope that enthusiasm and support for this event will continue. He discussed the 33-mile route and noted they are also sponsoring a salmon barbeque which is open to the public. 8. NEW BUSINESS a. Presentation by California Department of Forestry On Its Proposed New Air Attack Base Facility At The Ukiah Regional Airport City Manager Horsley introduced California Department of Forestry (CDF) and Fire Protection Assistant Chief Loyde Johnson to Council. She reported that a ..f....~ years ago CDF was considering moving out of the area, but the City has be~..:.mee.t:i~::'with them to find a way for them to keep a presence at the Ukiah Re..gional A!i~:!!~i:i:port) and CDF was receptive to the City's proposal. .:~iiiiiilili?~i?:i~:: .~::i!!iiiiiiiiiiiii~iiiiiiililiiiiiiiiiiii!i?~i?:i~ .... ~ Loyde Johnson, CDF and Fire Protection Assistant..ii!~i~ve a sl.i...d~!ii::~'r~~~:.to C.o..~i~il outlining their proposed new air attack base at i!i~ Airp~il~:~'~: CDF '~ii!~.t-'~i~d a firefighting air attack base facility at the Airport ~iiiii~ii~'5. The origi'~iiiii~ii~'y was intended to be temporary and after 30 years of u~iiii~i!i::..n..ot meet currer~{'"'"~iealth and safety codes, nor does it address CDF's operation..a, iiii~~ili~..d' requirements. In 1995, CDF was considering moving out of the Ukiah Valle'.=~i'"'io j~i!~i!~~i~ith the CDF facility in the Santa Rosa area. City staff immediate!y...:?~:!, with i:~iiiiii?~i~.....representatives to advocate for the continued existence of a Io~!i~ii~::~..a. ttack I~ii~i{~'in the Ukiah region and to discuss a joint partnership effort.:~i~~ili~iii~..i.~y and:~;~F as well as possible funding alternatives. In March 1996, h~ii~ii~'d an .~&~iii~iii~p.r..:~h the State legislature to fund a new air attack base on the sou...~'ast po..:~:n o~:¥~i!~i~t. The City in turn passed a resolution in May 1996, which s.t.~"the C.i[~ intenti~::::{'~:":~nter into a ground lease with CDF for at least 25 years. He..:i~~ed Gi~ncil thal~ii{~e State legislature has approved $5.2 million for this CDF exp~iisn proj~!i .... ?:iiiiii?? Due to th.e..ii!i!~ii:.ted spac.e..:ii~~le on tl~ii~~i!?ii::~i~e current facility design does not meet current',~~i!i.'..e, perai~i!~iii~.nnot I~':~:~i~:~signed for future needs. The proposed air attack b~:~?~i~!ii~e-ye~:~-ii~~i!i~-~...p..ital Outlay project beginning with Fiscal Year 1999- 2000 for acq'~i~i!~i.i~:f....:..site, ~i!~!iii~.~.r.s 2000-2001, and 2001-2002 for the construction phase. Corn :p.....l~{~i!~ii~hedul~!~¥~ili~:he 2002. Construction costs are estimated at $5.2 million, w......i~i?~i!i~i~iii~i~~ili~st ~:~{¥mated at 7.3 million. The.:~.!~ facilities wi'iiii!iiii~i~; an Air Operations building, Warehouse/Shop building, Ai~ff hangar, Hazar~u'~Material building, aircraft taxiways, four large aircraft loading ~ with one pad approved for landing helicopters, 5,000 sq. ft. of security fencing, and ~ii~. retardant de[.i~ry system with an integrated recovery system to each pad that will ~?~i~ater Q.u..a!~~' Control Board regulations in the future. He discussed increased ~~i~iiiii~~ and enhancement to the Airport for possible partnerships with such a'~i~ii~.ii~i::i!i::~cal fire protection departments that could share the facilities and provide mutual air response when needed. Anticipating that the public may be very interested in their operations, a planned public viewing area to the north of the helipad will be constructed to include picnic benches and a fenced-in area for public safety. Council discussed the project design and the location of the proposed structures. October 21, 1998 Page 3 Concern was expressed that the activities and structures located in the southeast corner of the Airport not impact the residential area to the south of the Airport. Alternative access routes to the site were discussed. A recommendation was made that the planting of trees or other vegetation would effectively create a barrier between the CDF facility and the residential area to the south. Mr. Johnson thanked the City Council for their cooperation and advised that, with the development of this project, CDF is making a long term commitment to Mendocino County. ..~:i:!:i:i:i:i:-' 9. CITY COUNCIL REPORTS Councilmember Kelly reported meeting with represent.atives fr~iiii~i.k..ii~ii~:~lnified School District (UUSD), Mendocino County, and the City Ma..n...~.r con~~ili~::.preliminary site plan for their proposed school on South State Street..i!!ii;~!!i~'~ distril~;~i!~i~!!~ .p,,ian drawin.~~ for Council's review. City Manager Horsley advised that the UUSD is n~i~.S..'~'~ring the Co'~~ii~'enter and a Skateboard Park in their design. She felt th~ili~ii~..was very encouraging. Councilmember Kelly reported that the City Coun~ili?~;a':~i~~ili~..g..ht held last night was very informative. All eight candidates felt the U...uS~D proje~'~!~ii'"=~ili~ii~at idea. Discussion followed concerning the con.d...i~i~?=i~ii!~ii~i.ng buji~ii~gs on the school site, many of which are not up to code. Co=~i'l disc..~~ii~ii~,~¢~'sed design and layout of the school site .... ~i!iii!i::i~::: ....~ili?~i!i!! ....... ~::!iiii!ililiiiii!!iiiiiiiiiiiiiiiiiiii!i~ .... Councilmember Kelly reporte~~ding.:~' 25th ag~:Nersary of the Ford Street Project, noting that much renovation.~ii~ been..~ii~ne to .~::"property. The Ford Street Project acknowledged the City's..~..rt!i~!::~ation ~ii~p...~i?~ver the years. She also reported on her attend~ at an Q~i~i~t Trian~i~ii~i~g. She re~::~!~i:~.t...~.ng '~?~:!?ii~ii?i~..a...h valley Cultural Recreational Steering Committee. They have d"~i~ii~i::..m, erge"~i!~iii~s with the Boys and Girls Clubs for the time being since they s..e...~iiii~ili~i::~urp0~i!iii!!~:~ey are setting up additional committees and hope to open t~ili::~:~'":~i~ii~!~.e, nter '~" May 1999, with an eye toward acquiring additional facilitie~?bver the n~ii!f.-i~i!i~rs. She discussed a news article in the San Francisco ...... 'i:i:i:i:i:i:i:i:i:~:i:i:i:i:i:i:i:i.!.::i:i::" ............ Ch~/e concerning [~i!ii~'nters and the types of activities they provide. ,.............,. .:.:,:.:.: S..:~iiii~eported that theiiii~:'un ...... House will be celebrating its 20th Anniversary on October 30, ~iii~be was very ~iied about the new exhibit on display at the Museum of women and ~!~...s clot.h..i~!!i~'"~ the Hudson's family. She noted that the Sun House Store will be a ~~ii~iii~A trolley and the Museum will be an official stop on its route. They are ir~i~i~::.~i~ays to attract more people to the Museum and store. Councilmember Mastin reported attending the City Council Candidates Night and felt there are some good candidates in the election. He inquired about the Year 2000 compliance and how it will affect the flow of water coming off the grid and whether electricity will continue to flow. October 21,1998 Page 4 City Manager Horsley advised that the City is currently assessing all of its systems, such as electrical equipment, fax machines, air conditioners, and all items that may have computer chips installed. She has alerted all Departments of potential problems. Councilmember Mastin proposed that the City may be able to negotiate a temporary agreement with the Army Corp of Engineers and Sonoma County Water Agency with regard to controlling the flow of water through the City's hydroelectric plant in order to be able to generate some power locally that would not be affected by whatever happens on the grid itself. The City needs to be aware of the status of others in orde~ii.:.to be better prepared for a potential interruption in service. He inquired if the~..e., are..~'r short-term procedures that could be done to help the situation, such ..as gene[~i".:..~.~!~i.~i!i~ase of a major Councilmember Kelly reported meeting today with .~i~ervisor.~i~~iii~..o rep..o..~:~ that Solid Waste Systems in now requesting a ~.ative.::~:~laratio'~::iiii~iiii~ii!~~fer Station. She expressed concern that this could sl~i?~iii~i'he process. "::~::::i{ii!iiiiiiililiiiiiiiii!~iiii?'' City Manager Horsley advised that she contacted: ; ii ii .t.,..e Systems regarding this matter and they will advise her on the matter. .:~:~iiii!i!ii? ....... ~!ii!iiiiiii!iiiii!?~i!iiiiiiiiiiiii?~i!i!iiiiii~::.. Mayor Malone reported on the hearing of t .h.~ii~~i~ili~ransp~!~{j~ii~ommittee~ in Ukiah on October 19, 1998 concerning the o..,~:'ii~!iii!~i~....,North~tern Pacific Railroad. Senator Kopp was impressed that, for .s.~' a sm. ~J!i!~i~!~i~i~ was a capacity crowd in the Civic Center Council Chambers. ::~:nator ~i~p ~::~i~' Caltrans if the money has been spent in the public interest a..~:,d, lii~lt the.:~¥iroad i~i!~:~ keeping alive. The Senator is expected to obtain reports c~~hing .t~"viabilit~ii!~:f the railroad from Caltrans. .:i~:i:i:~:!:~:.:::" -::::::.-:::::.-:r ..::::::::'.:" .:::::::::::::::~' ..:::::::::::::::: ..::::::::::;~ Mayor Mal.~ne advised .t..~..t ~'positio....'~iii~:i~...a..~::i!~i~:~Jssed at the Chamber of Commerce meeting t..~ii~:: City At..t..~iii~pport p~!~ii::~;~-guments to the Chamber in favor of the Proposi--t.:i~iiiiii~ii~0ted"~'{~?~ii~i!~ City '~:~'~il should appoint another representative to the Cha~iii~i!i~...mmer'~ili~i~i~i~i.s term expires in November. 10. CITY ~~i~D, R I~~!~?~ii~E po RTS City Ma .n.~::::~:~ii~iii~i..s. ed i:~ new street signs have arrived. These signs will be place .d...?:~;:JSerkins an~i~~i~treets to direct the public to various City buildings, such as the ..~'C Center and M~~i::'' She also mentioned that more visible Ukiah entrance signs ar~.i.~ing constructed ~ t'~:~ northern and southern entrance to the City. She noted that ~iiiiii~ountanos has ~iributed $5,000 toward these signs, which are close to completion. =========================== ..:iiiiiiiii::' ............ :::.':::::::: ...... ..::!i::i::iii::~i::' ~!!ili~.anked .C.o.'~il for their input on rearranging the City Council office. Executive ======================================================~================================= ~i~".t-:~'t'-:iii~~:~¥oast was instrumental in getting everything organized. Discussion followed concerning the City Council joint meeting with the Planning Commission scheduled for October 28, 1998, at 5:30 p.m. Consensus of Council was to order food for City Council and Planning Commission members. It was noted that no regular Planning Commission meeting is scheduled for that night. Consensus of Council was to not set a time limit on the meeting. October 21, 1998 Page 5 Mr. Eric Larson advised that the Planning Commission has reviewed the Housing Element. 7:45 p.m. - Adjourned to Ukiah Redevelopment Agency 7:56 p.m. - Reconvened as City Council 11. CLOSED SESSION Mayor Malone announced the Closed Session agenda as follows: ..::~::.. G.C. §54957.6 -Conference With Labor Negotiator .:i~::. ;::!:i:!:!:i::" Negotiator: Candace Horsley i. Employee Negotiations -All Units ....:~ ...... ........ :::::::::::::::::::::::::::::::::::::::., ..:.:.:.:,:.:.:,:,. ;,:.:.:.:.:,:.:.:.:.:,:~:.:.:.:.:.:.:.:,:.:.:.:,:., ,-:.:.:.:.:,:.:.:.:-:-:.. ' '-:-.'.:.:-:.:..'.:.:.:..'-.'.:.:cc-.'.:.:..'.:.:.:,:-.',. ============================ -===================================================== :::::::::::::::::::::::::: ==================================================== ....... The City Council adjourned to Closed Session at 7:$~!! .m. :,!i!:i',ili!ii? ............... ........ .:.:.:.:.:.:.:.:,:.:.:.:.:.:.:.:.:.:.:,:.:.:.:.:.. .-,.:.:.:c.:.: The Council reconvened from Closed Session at ~:5.. p.m,~iiii~}~' i::iii::i::iii!i::i::iiii~i?i~:~ ............ :~ii~fi~' .... "-'~¢~: ..... :::::::::::::::::::::::::::::::::::::::::::::: '?:::i!i~i~i~?:?:ii::~i~:'-"~: ..... 13. ADJOURNMENT ":':~:~:~:~:~:~:?:~:~:~:~:~:~:~:~:'::~:~ .... ~!i![!i::::!i!i!::!ii~ii!!::::i~::i::::::::!i[i::i::::!i!!~ .... Mayor Malone adjourned the meeting at 8:45 p.m. !?.!!~~'""..~!i~i~::,1998 at 5:30 p.m. for the .-:-:.:.:,:-.' ================================================ Joint Meeting with the Planning Commission. 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October 21, 1998 Page 6 MINUTES OF THE UKIAH CITY COUNCIL Regular Adjourned Meeting Joint City Council and Planning Commission Wednesday, October 28, 1998 3]0 The Ukiah City Council and the Planning Commission convened in a Regular Adjourned Meeting on October 28, 1998, the notice for which had been legally noticed and posted, at 5:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present: Chavez, Ashiku,..:~elly, Mastin, and Mayor Malone. The following Planning Commissioners were p::~..sent;~i~:son, Chiles, Puser, Corral, and Chairman Pruden. Staff present: Director ~ii~.'.b.J.i.~ii!~tilities Barnes, Community Services Director DeKnoblough, Finance D.'ii~!~tor Ei~iiiii~i~;.Marshal Evans, Risk Manager/Budget Officer Harris, City Manag~iiiiiii~'~rsley,..=iii=i~ii~iiiiiii~..o. rks Direc~ Kennedy, City Attorney Rapport, Planning Director S...:~er, Chief Williams, and City Clerk Ulvila. iiiiii!iiiiii!~ ....... :~i!i!!?~ ...... :~iii!!iiiiiiiii!i!ii!iiiiiiii!i!iii!ii!ii!ii~iliiiiiii!i!!iiiiii? .... ~i:.i::iiiii::i::iiiii::iiiii~::: ............ ~iiiii? '::~i~iliiiiiili!iiiiiii!iiiiiiiii~ii~!~ .... Mayor Malone led the Pledge of Allegiance. 3a. Introduction of Ordinance Amen~i~iiiiiii~i.a..pter l'?iiii~i~ii:~e 3 of the Ukiah Municipa Co e (Derno ,tion ..... ,? .... , Planning Director Sawyer discussed t~::~:~)rdina~ii~~e~ii~r Council s consideration which amends the City Code pertainig~ii:':i'o pro~i~ing :~ili~:...-"~ii~Wing demolition permits as they relate to older structures ~ii~ migh.~ii~i~'mbody:..::~istorical, architectural, or cultural significance. He noted that s~!!iii~as d.~'rmined.~::~t the project is exempt from the requirements of the Californi:~ili~:~viron~tal Q.u.. ii y Act (CEQA), pursuant to Section 15061 (b)(l:~}:. He discussed {~ follow[.."~!!~.:ai~i!~ures of the proposed ordinance: 1. Retai.~ii?~.'..e..:50-yea~i~~ld as t~!iii~~ate for historical review by the Council. 2. Est~i!ii~?~m pul~:i¥~iiiii~i~g requ'i'~'~nt, which is intended to make demolition appli~i~ii~...e., ope~ii~i!i~ii~:,.c, rutiny and provide for a wider range of input leading 3. Provides....~i~ii~i!~:ich tl~:~!ii~¥~ion-makers can determine if a structure should be co n si~~:~::~:::~~i~..O...r pr~ervation. 4. Bro..~es the subj~ii~i~ending the demolition permit approval process for a period ~iii~'0 days if the Permit Review Committee (DPRC) finds that any of the ?:~ii.~iteria for historic~ii?si~:nificance apply. ~iiiiiii?ii~elves into the s~j~ct of possible acquisition by: providing for a public hearing on the iiii!iiiiii!.ii~....molition per.~i!~i?providing the demolition permit applicant an opportunity to discuss !i~i~?~i!iii!!~!~tber or.:,::~f::"a viable market and/or economic return exists for the structure if :?i!iiiiiii~i~!i~ii::i~' otherwise warranted; and provides for the formal imposition of the 90- "~:~::~i~iiii~i~nsion period, during which time various private sector or public sector options are explored and/or commended to achieve preservation. 6. Requires the Planning Director to provide written notification to the applicant of the Council's determination, and an explanation of the ensuing process for seeking alternatives to demolition. October 28, 1998 Page 1 7. Provides for the salvaging of materials for reuse after the demolition permit has been issued. 8. Contains provisions and criteria for reconsidering a decision made by the City Council in regards to demolition permits and historically significant structures. He further advised that the new demolition permit review procedures have been deemed discretionary in nature by the City Attorney, which means that all demolition permits subject to these provisions will require environmental review pursuant to the requirements of CEQA. He discussed the composition of the current DPRC and recommended Council consider whether it should be changed, reconstituted, or possibly~i~abolis.h~i' :::::::::::::::::::::::::: ..::,:i!i~i::" City Attorney Rapport discussed the proposed ord.[~ce, n~!i~!ii~.t, two significant portions of the ordinance consider whether to allow .a. ili~;:ii=~'ing to ~iii~~!.'.i.~.hed and addresses the reconsideration process. He recomm~!~led to be historically significant, the demolition permit ~i~. be s .u..~'nded while Staff works with the applicant to preserve th&!!~!!!~j~?~ If the appli(~ii~~'lishes there is a viable market for the building, the issua~ii~i~..demolition pe~;~'~;"would be stayed for a period of 90 days. He discussed the 9~ii~ili~i~y process as well as other sections to the proposed ordinance. He noted th~J.'"ii~he "~~=..ordinance amends the 1984 ordinance. ' ....... %iiiiiii!iiiiiiiiiiiiiiiiiiii!i!~ .... Planning Commissioner Larson discu=..s...~iii~!i!!~~= .proce~ii~d how it will relate to the historical preservation ordinance Councilmember Ashiku express.e~l=i!~ncern..~;i:~al the i~i~i~'ry of buildings over 50 years old placing property owners in a..~i==i~[~ult p..o..~ifion. It [~?~i~=J~mportant that the property owners have a voice in determining if.,~.(-'~' want=~ir pro~ placed on this list. He discussed :::::::':':':'" ===================== ...... :::::::::i:F the financi...a..I burden pla.~diiii~ prope~ii~9~[~.==~to complete an EIR or the pursuit of possible .[i~i~.tion. He..~~iii~.".he pos~j~iiii~ii~i~ud occurring during the public hearing proces~i!i!~i..ii!.~;..estio~iiiii~iii~=.=.would=;~i~=iitute revocation of the permit. It was his recomm~~i~!~ii.J.'hat ar~'h=;i~i~;;.and renovation criteria be established, and a more compreher~=~i~ii'~'ii~i~[ical p'~~i~n, ordinance be initiated, rather than the proposed urgency o rd i na~iiiiiiiiiiiiiiiiii::i¥ ...... ~i::ii?::?~ ........................ ~:~i~iii::i::i::i::i~i::iii~i::i::i~i~i::i::i::i~i::i[iiiiiii~ Planni:.~ii~0mmiss'i:~i.~i].es inquired if a single Councilmember could bring an item bac~!i~i' reco n s i d e rati'~iiii!i~!ii!!i~!!ii? .............. ::::::::::' '"~i::::::r .... .,........... :.:.:.:.:.: -.:.:.:.:..-.- .~!i!~!i!i:' ..... ........ ..... .......... ~::'::i:~:~:i:i: ......' .... Ci~iliAttorney Rap .p.:.~ advised that the matter may be placed on the agenda by any ~i....cilmember ~!!':voted in favor of the decision. He discussed considerations for ~:.....~ii~. the pe[~!~?':'He further discussed the possibility of changing the ordinance so that ~iiii~~ii~j~iii~mit would be suspended from the point at which the matter was put on tl~!~i!~:i!~i!:i:~~il Agenda. The City Manager would be notified if the matter is scheduled on the Agenda, and would, in turn, notify the Building Official to suspend the permit until such time as the City Council makes a decision concerning the matter. Councilmember Mastin addressed the procedure for "reconsideration", as noted on page 6, beginning with line 17. He noted the 90-day time frame has passed with regard to the October 28, 1998 Page 2 demolition permit for St. Mary's Church. Planning Commission Chairperson Pruden advised that demolition permits are issued for 180 days after the City Council finds the structure to be historically significant. She questioned whether the City Council should review the permit again, if the structure has not been demolished within the 180 day time frame, or if the permit should automatically be renewed. Planning Director Sawyer advised that the UBC references extending th~iiii~xpiration of a building permit. Sometimes delays in construction, or demolition,.:Me be~:~l the control Dan Haehl, 230 South Highland Avenue, inquired ~iii~:~.?uild~ii~; significance, and is viable, can a party make a new ~i!i~..b.'.~~ if, in the City Attorney Rapport advised that, the way -t~'"'or;~~iii!ili!'.s..::..currently written, the property owner most likely couldn't reapply f.o..:...r...:~....o..ther P~i~iiiiiiii~.'.e..... circumstances, or market, could change, and there isn't an all0~~!~ili~i!!::~.e prop(~'~!i~i~'~'inance for possible Jeff Trouette, 807 Maple Avenue, ad~;d tha.t..i~ h~!ii~ili~;ugh the demolition permit process three times. He felt th~!::~rent ~!~ess is.:ii~i~'d. He noted that on several occasions, building materials h~ii~en s~'"'~l or rec~i!~d, however, it is has been difficult to find a party interested in ~:i'ng a ~Cture .t..~iii~:nother location or to purchase the building and conduct ren~.,v~n. He.'iiii~_~i~iiii::~be!i~:~'day waiting period for demolition is remode~.~i!iiiii~[b reg~i~iii~¢:.......'~ii~i!::::...demoli;~:i~i~::':':~:~ St. Mary s Church, the public was notified three ye~i~iii~...~i!~:t the '~~ili~.r.:::eet property would be surplus after their new church is construci'~!~iiiiiiiiiii~i~iiii~!t the"::~ili~ii!i~..enducting an EIR is prohibitive to many property owners, and m~i~i~i~ih::.the b~iii~?i3ecoming blighted. It was his opinion that the City Council s~i::~:~iii~~.~er a"=~'~nolition permit and that this proposed ord!nance not fit a m....O..'i~::'iust for o~?i~j~ii?~referring to the demolition permit for St. Mary s Church. Re~:ideration shoul~ii~~Pass all parts of the City s decisions, not just for demolition ....,..;......,.... ........... ~!i~iilManager Ho.r:..S.'!i~ advised that the City has been in contact with State and Federal ~i~~:..and is..,.~ii~ing information on funding sources. The City is taking a proactive ~~~iii~?i~i'ng sources, which could be available in the future. Mr. Trouette discussed property owners making alterations to their homes without conforming to the architectural features or age of the structure. When instilling a historical preservation designation upon properties, the property owner should be informed of limitations and restrictions related to historically significant buildings. October 28, 1998 Page 3 Councilmember Kelly discussed the City Council's vote regarding the demolition permit for St. Mary's Church and making their decision, not knowing important information was available which may have influenced their vote. She felt that with a delayed period of time, there would be adequate time for further information to be presented regarding a permit, and it could be used in a timely manner. Mr. Trouette discussed the takings law. He felt the process concerning St. Mary's Church, which the City Council followed, was fair and that Council should not take the matter under reconsideration. .~. ..::i:.-'.'.:::':F" Planning Commissioner Chairperson Pruden d~'"'~'sed h~iiiiiii~i~.ent with demolition permit process during the past 15 years,;i~fing tha.t:~i::¢~ I~iii~.t:-.e..~ he..r..:~:t;ii~'e to conducting historical significance evaluations?i~d hist~ of Several people have had their homes moved, there~i~..S:.e...'¢i:ng the histori~ili!~i~icance of the structures. She further reviewed demolition i~;~i~i!i!~t:;~,...various Iocatio~'~:':'in the City and noted that since 1984, approximately 40 demo!:[i!i~iiii~i.t..:.S have been approved by the City. She estimated it would cost approxi~(~ly':~i~~iii~to take CEQA through litigation concerning St. Mary's Church. ...,.::::~:~..-.:~;~:~ .... Councilmember Ashiku expressed cD~¢~i~i~ii!!iii!~..tion i[~;;ili~ City did not provide adequate CEQA evaluation on a p~j~'St. H~iii!i~i~!!!i!~!ii::!!.a..~'itectural and renovation standards should be established ...j.~i?::0rder.:~?pr(~:i~iiii~"...."~!ili¢~istorical character of the Mayor Malone referred to a "Exct-u: i§n". in uirin wh t ' ........ ~' P ~::!i:;i::~ ........ i ......q g y he Public Works Department.. is excluded.::.~[.o~i!::!i.~he pro~i~i~h:s~e.f..:!i~!:Ai-ticle 3. He also inquired about the process .w.....~:a public.::.a.'."~~ii, buildin~!i!ii~iii~~'sed by a member of the private sector. City Att;~ii~p.....:ort r~:~!i~i~i!ii.i.'~::could be possible that the court could order the City to pay all ati~~ii~'S...::shoul'~!ii~iii~i?~iii~oose its case against CEQA. He advised that the Exclusion pa.r...~~iiii~i!i~..rt of tl~i~i~i:ing ordinance and Chapter 1 applies to all building Plan~ii~g'~ Director S~~i!iii~dvised that City Staff's response time to applications to de~i:'ish structures o~ ~"years of age is approximately two weeks. He discussed the p...~:....~sed ordinance,.:.~mparing it to the existing ordinance. Should the project require a N~t..ive Declarati...o...~ii~r an EIR, the process with the applicant could take from four to six ~~:;~.t..o. com....p..J~?:' He discussed the public comment period for the City to receive input Planning Commission Chairperson Pruden discussed the residential building record that the City obtains from the County during the process of establishing the age of a structure. She noted the importance of tracking construction on properties for historical purposes. October 28, 1998 Page 4 Mayor Malone discussed establishing criteria for designating the historical significance of a building, and noted that, once a list of properties has been established, property owners may be contacting the City offices. He was of the firm belief that the ancestors of the designated property should have the first option of what the future of the property should be. The community has an interest in various properties, however, if the property owner lacks interests in preserving the structure, the structure may deteriorate due to lack of maintenance. He noted that the existing ordinance does not refer to a maintenance program. It is his hope that the new ordinance will encourage property owners to keep their buildings maintained. He felt that it is not right to approve this ordi.n..~ce without getting the input of the property owners who will be affected ~.:y the..;:~:inance. He opposed the reconsideration portion of the proposed or. dinance~iiii~fin.~!ii~'at it should be for all decisions, not just demolition permits, mher..e..'iiii~h.ould.:i!~iii~'e...:..,exemptions for continuous owners and to have more of a say than .t:~iii~'mmuni~iii~ii!iji~.~ ..... Councilmember Ashiku noted that, since the Ci~ii~ouncj. fii!~i~:~ quickly, many people in the community do not unde~~h~":;'"":"=~" they will be'~~?~y the ordinance. Discussion followed concerning the process th~ii!~:ih~ii!~~::~:.owner will need to go through once their property is placed on the lis.t:::..o...~ii:bistori~i-ii?~ii~i~..n, t buildings. City Attomey Rapport responded to a P.ai~i!!~!!~~ii~::..Plann[i~iii~ommissioner Larson regarding whether both the Planning CQ~:'issioni!i~i~iii~iii~.eu~['il would be voting on the proposed ordinance. He advised that~i~ City the ordinance, however, the Planning Commission may ex.::~ss theii~!ii~iews o~?i~::"matter. He discussed CEQA standards for determining if an E..:!!i~!!ii~ii;:nece.s..'~'n/for a.~ject, noting that if the matter were to be pursued in court, attentio~i~ii:i'~ be d~ to an~i!!~lverse environmental effects of the projects. Substantial ev[~~:'would.~i~:..'..~i..t..e...~iii~ubmitted and the applicant could be compelle...d, iiii~::i~.:p, rovide ..:.a."~iii~i~i. If the ~~i!~!~i:~; not historically significant, it could be categor-.:.J~!i!i~ii~empt. '~:~::::~ii~i~S.sed th'~::::::~:~'gs issue. F' ann,n, or p ob ms when p ac na a on the inventory.,.~.:~t.".i~iii~ii:S..ome ~~ owners do not want their property on the list. The time fram..e...~::~i~i~;~.t, be li~i'S unknown at this time as the consultant needs to go throughili~::~ exi sti n g":i:'~. ~....~. ~::ifi rst. Pl.~ing Comrnissio~'r ...... C-"Orrell felt that many issues have been addressed and should b~i~nsidered prior t~;i~ting on the ordinance. The ordinance should incorporated these ~~rns. ....... C,a,r, erson ru, en advised in October she eques d tl~:~ii~ii~:'~il go forward with a historical preservation ordinance, but little progress has been made since that time. She felt the City needs to make the demolition process more workable and that the new ordinance provide more guidelines. As the ordinance is implemented, its strengths and weaknesses will be shown, and the City Council can make revisions as needed. October 28, 1998 Page 5 Discussion followed concerning the cost of an EIR and the CEQA process. It was noted by Staff that a Negative Declaration on a project is completed internally by Staff. The importance of keeping the public informed of the process and historical listings was stressed. It was noted that the current historical listing is 10 years old. Planning Commission Chairperson Pruden drew attention to Exhibit A, page 2, line 1, and recommended the word "garage" be omitted from the sentence because from a historical standpoint, many garages were formerly carriage houses on older properties. She discussed other outbuildings which are not attached to main structure:.s..:-ii~:~. ..::i:i:i:i:i::: .:iii::, ..::::::::::::" Planning Director Sawyer advised that the City sho.uld not ..~~:::!!~;;ges explicitly exempt and recommended not deleting the word "g...a...~" fro~iii~ii!~ence. He will consult with the City Attorney and provide alternate.:~:.t~:~age f0~iii~iiiii~ii,iiii....o..~ page 2. Councilmember Mastin recommended deleting it::'~i(3) ol3111!~i~:ge 6, i~:~ii~ii~i!ii~i!ii~'e'!ii ii ii 6 concerning "Reconsideration of Decisions"· It w~ili~ii~iiii..d..~;~'e to narrow'~!i~i~ns for reconsidering and that item (3)is worded too broadlY;?i!i!!!!!~!!~.r:.essed concern";i~;'~t the City apply the reconsideration issue to other matters as weii!!ili!~~!~fer the demolition process· City Attorney Rapport discussed the fraud iss.u, eiilas it rei'~ii~iiiiii~.ii (1) on page 6. Mayor Malone polled the Council on va[i~ili~~ii~~rninglii~:: ~i~ proposed ordinance, with the following Consensus,, w,as re.a.~d: .... i!!iiii?~iiiiiiiiiiiiiiiiiiiiiiiiiiiiii!iiiiiiiiiiiiiiiiiii~i~ii!ili?' - Reconsideration: Page 6, a., le~ (1) a~::"(2),"::~iii~i~!~i'3). - Exemptions: Do not have an..:..e...~ption::~ owner.:~i~cupied structures. "~i~:~:~:~:~:;::'::::' , ........ - Suspension of demolition p:..:~.;~ii~il;t.'s: Su.~:~'nd dem~i~ion permit during reconsideration · .::::::::::::::' .:i:i:i:i:i:~:!:!:~:i, -'::::::::::::~' - Viable .m..arket: A new.::~a.'.'p~]!i~ation c~ii~:::.s..i~!i~ited at a later date. - Elimi.n.~ii![.h..e 90 d..a. Ylii~ii!iiiilne, Pag!~i~!~!iii~!i~, line 11. City:~iii!~anager Horsl~i::iii~ii:~ed that an emergency matter has developed which the C.o....~bil needs to take .~'d~:~' consideration at this meeting regarding a budget amendment i~i!i~ amount of $31:~0 for the Perkins Street Reconstruction Project. ~iiii::iliiiiiiiili::iiiiii ...... ~iiiii::i~~'' iiiiiiii shi. to place the emergency item regarding the Perkins Street ~~~i!i~iii::~'roject on the Agenda, and carried by a unanimous voice vote. 4. NEW BUSINESS a. Establish Updated Priority List of General Plan Implementation Measure~ Senior Planner Stump discussed the process of implementing the General Plan over the years and reviewed some of the complex projects that have been completed, or are underway, which fulfill implementation measures contained in the General Plan. He October 28, 1998 Page 6 reviewed various rezoning projects completed by the Planning Department as well as streetscape guidelines. It is Staff's hope that most of these projects will be completed by the Spring of 1999. The 12 major projects currently underway are: 1. Revisions to the City Zoning Code 2. Preparation of a Master Bicycle/Pedestrian Plan 3. Preparation of a Gobbi Street Riverside Park Site Design Study 4. Conduct a historical preservation program 5. Preparation of a stream and creek restoration/enhancement study 6. Preparation of an EIR for the Orr Creek Bridge and Orchard Aver3. ae extension .--:i:.--'i:i:F" project .:~i':i~ ..... 7. Revisions to the Hillside Zoning District regulations .~:~iiii!iiiiiiiiii!iiiii~::......:~iiii? ..... 8. Creation of computer generated General Plan .1.~. use .~iii~i~qg maps 9. Participation in the planning for the railroad d...~i~::':Prope~iii~ili~ntown tran.s.."~i~ center project .~i~ili!~!ii!i::' , ..::~i~ili?:" '":~::ii!iii!iiii!iiii!iiiii!iiiiii?iii~ .......... 10. Preparation of an Airport overlay zoning di~i~t and 11. Revisions to the City Subdivision Ordinanc~iiiiiiiiiiiiiiiiiiii::i!~i~:?:ili#i?'' '""~iiiiii!iiiiiiiiiiiiiiiiiiiiiiii?? .... 12. Air quality issue research/AQMD participati~ii!ii!ii~i~i~iii!iiiiii!i~i~iii!i!::~ .... ~ ......... :" city aanager .ors ey eported that each copy of the Gene a Plan Implementation Status Report to use as a...guli.de~ine.'"::"~iiiiii!iii!ii!iiiiiiii?,!iii!i!i!i!i?:~,,, Mayor Ma,one reoommended a copy to D,i/y.Jo, urn,/. He discussed transportation issues and ..t:~i~:":~end~i~iiii~~l~i?~ Government s (MCOG) influence over funding. The City's G~al Pla.~iiii~pl~~"'Plan should be consistent with MCOG's plans. ..:..~:~:~:~:~:~:~:~.~:~ Councilmember Kelly discus~:::ii~'e ma..~0f an ig~:'~"Pendent contractor which was hired to complete:!ithe air qualityiii,s..t~. Plannin~i!i!i~i~.tor[ S~~ii~..rted tl~:~!i!i::~::':'City was not included on the list to receive the adr~:~i~&iii~,,::..drart'"::~!iiii~i~,,..AQMD. After contacting the agency, a copy was forwarded [~::::!~iii~iiii~iii~.a..nd S'~iiii~ii~i!~e review process. Police...?:~'ief Willi~iii!~iii~.sed items listed on page 46. He advised that the Police Dep:a~!~ent is finishi~?~i~:Ure CF-8.1(a), which involves a coordinated response to in~nts involving mu...!~!!Pl~::"agencies by developing a central dispatch for all Emergency .M....~ibal Response, ..~!i.r:.e and Law Enforcement in the valley. He reported that the Police ~i~ment conti.n.~ to work with the schools. Poor bicycling habits and helmet laws ~ii!aiscussed~:..?~i~ invited all City Council and Planning Commission members to tour i~!~ili~iiD~:ment facility. Councilmember Chavez advised that the Mendocino County Public Health Department can provide helmets to individuals. Fire Mamhal Evans reported that, through a Public Safety Grant, the Fire Department can purchase helmets at an estimate cost of $2.00 each. October 28, 1998 Page 7 UTILITIES DEPARTMENT Councilmember Chavez recommended that utility bill mailings to promote education on energy efficiency and solar energy, Measure EG-7. l(a), be printed in Spanish as well as English. Planning Commissioner Puser queried staff about Measure EG-8.1 (b) regarding offering financial or other incentives to residential and commercial customers to install more efficient systems. .::iii'. Public Utilities Director Barnes explained that the program was.,:~.activ...:~ii~:~' a time. He advised that the cost to print their brochures in Spanish .should ~!!~=:~:"costly, as they are picture oriented. He reported that the undergroun .d..~ii..,of utiti~iii~iii~e largest price tag for completion. He advised that the electric utilitieS!filing Iocat..=~!iiii~ii~ii~i~ewalk alo..:~-~ Perkins Street and should not be affected by the P:~ins Stree[.:'iii~e(~;~~~i~n...: pr~:. city Manager Horsley reported that P.G.& E. has s~~ii~ergrounding';;~i~!!!~ii!ii!i~:-'lines.ii il Mayor Malone recommended that mention should be~i~ii!~i~A on Measure CF-1. l(d), page 67, noting that the City participates as a m~'be~:~i~iii~ii!i~{I;.a..nd Water and Power Agency. ...:.:..::~.~:~.~:~:~ ..... "::~i::iiiiiiiii~ii!iiii!i!iii!i!iiiiiiii!ii!iiiii~!ili:;~ ..... Public Utilities Director Barnes refere~ii::?"~~:~.~?:iCF-7, l;i~ii~::and reported that the Sphere of Influence has been submitt~:?{"~ LAE~Sii~;ii~81!i~blete. With regard to the City working with the Ukiah Unified S¢::~ol Dis:.t~t re'~¢~ii~iii~'eir new school site, he will keep the City Council and Planning:;~mmissli~'~ infor~'8":::~f the status regarding utilities. City Manager Horsley discu.S'.'~i~'"'Mea~ CF_3.:~.....t.;;i~i regarding water conservation and the City's efforts to place;ii?;p.,/~is in p~!i!!i~B~i!i~:'er surroundings that conserve water usage. Sbi~!!~vised thai..';i~i ~y has b~i[:.~ii~nservative with expenses but is hoping to imple~¢i~e::..utilit¢iii!~~&~t, ion pr;~ again in the future. th, new ^ssistant City r ana e wi,, provide manageCf:'~SY:::i"~!~i~!i~ilf.:~?liti~'' and will prepare a strategic plan for the Airport. The plan sb~i~ld addres~!iiii~ili?~i~ues as noise which the Airport Commission has been d n,.. d da, ,o da, o, rations of the Ai rpo . C!~ CLERK ~::i;iiiii';:' .........,. ~!i~i~ing Comm....ii~'ion Chairperson Pruden discussed records management and ~.....~i~:;~:.tb....a.t...f....o..:r:.:~¢~ity Clerk Kathy McKay did an excellent job and kept her informed of ¢~2~8~iiii~iS~?~(~i;~::"destruction so that she could determine if they had any historical si'~i~~!":'"'i~"?~he advised that she is a Commissioner on the Mendocino County Historical Records Commission and that their services have not been used by the City since Ms McKay was City Clerk. She felt the City should go back on line using these types of programs. During reconstruction of records of historical buildings, they have found little information regarding building plans over 25 years ago since most were destroyed. She discussed the City's legal retention schedule and records management program. October 28, 1998 Page 8 City Manager Horsley advised that the records retention schedule is reviewed by the City Clerk each year. Newly appointed City Clerk Marie Ulvila will continue to follow this procedure. She noted that former City Clerk Colleen Henderson did a tremendous amount of work in records management and revised the retention schedule in cooperation with the City Attorney and each Department. Planning Commission Chairperson Pruden advised that Kathy McKay provided her with plans and specifications of buildings as retention schedules expired, and they were turned over to one of the historical units for retention. This has not occurred since ~McKay left the City's employment. She stressed the importance of Impleme...ntatio..~!!i!i~easure HA- 1.5(a), utilizing the volunteer services or staff services of the Men.d~ilh.o?=i~i~unty Historical Records Commission. She noted that the City has..:~::..opti~iii~iiii~i.ng its historical archives or sending them to the Historical Society. Discussion followed concerning plan and specific~i~.ns an..d, ili~i~ir noted by Planning Staff that Building Departmenti!~i~.~!~i~' specificatio~:;~ii!~ii~:~t in a separate storage area from those handled by the R~:.~ii~etention system'i':':'~:'~d are not destroyed. Preliminary plans have been include.:..d..iiiii~iii~i~i. Dg Commission and City Council packets for review. A suggestion was-~de'~iii~~.s..e a list of records for historical archives .............. :i ..... ":~iiiii!i!iiii~ii~iiiiiiiiiiiiiiii!~iiiiiiiiiiiiiiii~ .... City Attorney Rapport discussed rete~ii!~~i~iii~..a, nd Cili~!i!~:~ocedures prior to the destruction of records. It was his opi~ii~' that..~i!i~~s~.~t~ Ms. McKay fo?lowed, as outlined by Planning Commissioner P~en, w~!~ot i'~!!~~ce with the City s policies. However, if there is a procedure that~ii~as ':'::'"~::" :~:::::~:::""::~ ......... · , · · not.::~t~rpora[~ ~nto the C~ty s policies, and that subsequent City Clerk's were n.O.'.'~ii!~are o. fiiiii~ey sho~i~ be presented to City Clerk Ulvila for consideration. .:i~::iiii~ii~iiiill!~ ...... ::::::::::::::::::::::::::: .... ::::::::::::::::::::::: .~i~!!i~i~:~ ...... There ~iii~iii~ii~..f.. dis~ii~ii~iii:t.....h, e Cit~i'~ili~i~:~:ing lots, as noted on page 72. City Manag....e.~iiii~i~!La. dvis(~:~ii~'"':'~i'here is no room for bike lanes on Perkins Street, Plan~i~'g Commissi~iiii~'"'""~'iles discussed logging trucks on Maple Street and the de,::~oration of City st~e~§ due to large trucks. .......... -'-'-'- .......... · ........ ::::::::::::::::::::::: ...... ...... .-.-.-...... ~r Malone ro~:mmended MCOG be sent a copy of the City's General Plan :::i::::i:i:i...::i:i:i:i:i:i.. .':':':':':':-: [-~I~ntation.M~'sures Discussion followed concernin MCOG's la ' ~:~i~i~:~i~?~i~i~i~?~i~?~?~ii;i~i~?~ ..... g p n being updated. ======================================================================================================================== ...... Pi:' i ii 'A'm,ss,oner Larson discussed s ream restoration and ood con rol, as no ed on page 44. He stressed the importance of a residential traffic management program. COMMUNITY SERVICES DEPARTMENT Community Services Director DeKnoblough advised that the Community Services Department has not begun implementation measures because they are waiting for the October 28, 1998 Page 9 County to adopt their General Plan. City Manager Horsley discussed funding for Riverside Park, working with the Ukiah Unified School District regarding recreational programs, and working within the City's sphere of influence. Planning Commissioner Larson discussed the City establishing a parks and recreational district which encompasses the entire valley. The City should separate that vision from the goals confined within the City limits. Identifying parks and recreational~i~eds of the community was seen as a priority. He discussed the South .:~ashi.D~n Park and Wagonsellers Park and felt the needs assessment should be ~i~,t:-~'::~:'soon for those Consensus of Council was to have the needs assessment of ~'~ ~~~. Par.~ii~:d the Wagonsellers Park be made a priority. ?~i!ii~?~!i!i~ ..... .~iii!!i!!i!i~: ..... :~iiiii!i!iiiiii!iii!ili!ili!iii!!!iiiii!!!i!iiiiiiiiii!ii!i!iii? .... Discussion followed concerning the City being ~iii~ii~g mechanism ~:~::::~arks and recreation in the Ukiah valley. Joint use of recreatio~!ii~ii~i~, was also discussed. In- lieu fees, as noted on page 61, Implementation M~ur:~iii~ii!~iiiii.:.f..or Riverside Park was discussed. The matter of the property owner do.0..a..t..i.~g the la'~iii~~i~b, an paying the fees Planning Commission Chairperson E~n di.s..~~!i~i~k and inquired as to the City's economic constraints regardin~!!i~)arks .... Mayor Malone felt that the issue..;::i~[erns..~nomicsiiii~hereby the needs are greater than .:::::::::::::: t h e m o n e y a v a i I a b I e. .~.-'.:~:-' . Discuss:i~ii~:!.lowed.~:~~i. ng mai~.._~ii!~nd security of the City's parks. Plannin~:~~i.0ner;::~!~~i~i~:gussed~ Implementation Measure PR-7. l(b), as noted on page 72, '~~!i~::~:the c0':~i~~::of public use of the existing community garden at the Observa.t:.o.~iii~i~!iii!i~:....~.'d....rep0~ili!i~;~t the community garden has been discontinued. City C~;ilmembe?~i~i!i~!ii~ised that she took a proposal to the Sun House Guild for a ~:~i~'n, but they ha!!!!!~i~'y ..... found a new site. .::::::::::.':::::: .:.:.:.:.:. EMERGENCY ITEM.:,::i',i?? ========================== ....::: ~~st For Auth.o:'~Aation ........ Of Budget Amendment And The Expenditure Of Gas Tax E~!~!::~::.:..To ~un~?Required Change Order Work For The East Perkins Street ~~~::'Project- Specification No. 98-11 City Manager Horsley distributed an Urgency Item Summary Report to Council, as submitted by Public Works Director Kennedy. She advised that during the reconstruction of Perkins Street on October 23 and 26, 1998, unsuitable material within the roadway subgrade was found at various locations, as well as unstable areas. The Contractor was directed to remove unsuitable material within the roadway subgrade at various locations October 28, 1998 Page 10 along the eastbound lane of East Perkins Street. Since the subgrade has been exposed and inspected by Staff, it has been determined by Public Works Director Kennedy that it is necessary to install geotextile material (fabric) on the subgrade prior to the placement of the new structural section. On October 15, 1998, the grinding machine hit the steel rail culvert top at the Gibson Creek crossing and a Notice of Claim has been received from the Contractor indicating that additional costs in the amount of $8,700 have been incurred. There was no indication on the plans that the rails were there, nor was City Staff aware of their existence. Additionally, the number of existing detector lead cables to which the Contractor is to splice the new detector loops to are not as indicated on the c~tract plans. She noted that a lot of the composition of Perkins Street is not sh~n on..~:"maps. She discussed the Contingency and Gas Tax Funds. . .~iiii!!i!i!!ii!?~!!ii::i~:....:~iii!!!!!ii::I~ .... Finance Director Elton advised that the emergenc...~ii~i~:~nse ~ii~iii~!~...v.e an inte.?§~ Budget amendment and expenditure of $31,200 frae?Gas ma~..:ii~'n'~ii!~i~ii~:.the Pr..~j~t Account of 303-9646.250.000. :iiiii~iiiiii~ ..... ~iiiii? ....... ~i~iiiiii~i~iii~iii~iiii~iiiii~i~ii~iiiiii~iiiii~ii~iiiii~i~iiiiiii!~i~i~ ..... M/S Ashiku/Malone authorizing a Budget amendm~ii~ii!~-.x..pense of $31 ,~:~::~rom Gas Tax Fund 2105 to the Project Account of 303-9645.2.5..~ii~ii~ii~[? purpose of funding the required Change Order work and the potential clai~i~r t~!~~....,Street Reconstruction Project, and carried by the following roll call v~te.;::i~,YES: ~::~i~:. ~iii~.hiku' Kelly, Mastin, and Mayor Malone. NOES: None. Senior Planner Stump advised th..a.~i!i~:he Uki~:' G~:~iiiiii~i~:~ Housing Element Status Report was prepared by staff, and:~d that:;~'ch mor:"':~ii~"'~'ds to be done. He discussed recent rezoning of various areasii~ghou:t..'ii~'e City ~' their affect on housing. He noted that there is vacant land availa~i~;i~::"howe~i:' the m..a"~._~i~ity of vacant properties are located in the western hillside are.a:..,o~i!ii~ the F[~iii~.e..D~i!!ilili[::~ C°nse'~!iiii~i!i~.,:C. oun:~iiiiii!:.~~:~.d the":~::~;:~'ing Element Status Report presented by M/S Mal.o~:~ii~iiiiiii~iiiii~j..ourr??~he joint meeting at 10:10 p.m., and carried by a unanim~':~' voice w~i'~iii~i~iii~ity Council. ...-.-.... ...... ............... ~. .,i:::.-?:!i::i~' · :. ;-:.:.:.:.:. ii .... ~i~ii~iiiiUl.vila, C.i:t~i~:i'erk October 28, 1998 Page 11 MINUTES OF THE UKIAH CITY COUNCIL Regular Adjourned Meeting Joint City Council and Planning Commission Wednesday, October 28, 1998 3]:) The Ukiah City Council and the Planning Commission convened in a Regular Adjourned Meeting on October 28, 1998, the notice for which had been legally noticed and posted, at 5:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The following Councilmembers were present: Chavez, Ashiku,..:~elly, Mastin, and Mayor Malone. The following Planning Commissioners were p.:.~:sent;~iii~:son, Chiles, Puser, Corral, and Chairman Pruden. Staff present: Director ~i!~.'b.!.i.~!ii~tilities Barnes, Community Services Director DeKnoblough, Finance ..D..'i~tor Ei~iiiii~:Marshal Evans, Risk Manager/Budget Officer Harris, City Manag~iii!ii~'~rsley,;::i;i~ii~iiiiii~.o..rks Direc~ Kennedy, City Attorney Rapport, Planning Director S~er, Chief Williams, and City Clerk Ulvila. Mayor Malone led the Pledge of Allegiance ..... 3a. Introduction of Ordinance Am.e....~!!~!'!!!'!~?ter l?i!~i'e 3 of the Ukiah Municipal Code (Demolition Pe~i~;;:~:~i~i~!~ii~ii~iiii::~ ......~iii;;!~iii~ .... , Planning Director Sawyer discussed ~:;brdin..a..~{~~ii~r Council s consideration which amends the City Code pertainig~!~:~o pro~ing '~iii~-"". ~i!~wing demolition permits as they relate to older structures ~:~ii~ migh...~i~ii~mb°dy.:~i~~st°rical, architectural, or cultural significance. He noted that .s.....t..~ii::~as d~'rmined.~ii~at the project is exempt from the requirements of the Californ[~iii~;~viron.~tal Q..u..~ii~y Act (CEQA), pursuant to Section 15061 (b)(l.~.).:, He discus..s.:~.d.., i~ follow, l.'..;~i~a.i.'~iii~{ures of the proposed ordinance: 1. Retai.~ii~.'..e..:..50-ye .a.~i~~ld as t~!iii~'":"'~:~iate for historical review by the Council. 2. Est~iiii~ii~iiia pul~:iii~iiiii~i~g requ;i'~'ent, which is intended to make demolition appli~{i~i~...e., ope~!~iii~ii~i.-.s..;...c, rutiny and provide for a wider range of input leading 3. Provides....~i~!ii~ii~ich ti~:~iii~i:~ion-makers can determine if a structure should be co n s i.~~;~::~::;~~ii...f..o, r pr'~ervation. 4. Bro..~'es the subi:~iii~ii~ending the demolition permit approval process for a period ~iii~'0 days if the D."~ii!~i:~n Permit Review Committee (DPRC)finds that any of the ..~iiiiii~iteria for historic.~iii!'si~'nificance apply. 5...ii~iiiiiii~elves into the s~j~ct of possible acquisition by: providing for a public hearing on the ~ili?iiiiiiii~.rnolition per .m..j~i?providing the demolition permit applicant an opportunity to discuss ~ii!?~i!!!?~i!~her o.r........~ii?a viable market and/or economic return exists for the structure if :::iiiiiiiiiiii~~ii~ii¥~' otherwise warranted; and provides for the formal imposition of the 90- ~:~?:i~iiiii~i~nsion period, during which time various private sector or public sector options are explored and/or commended to achieve preservation. 6. Requires the Planning Director to provide written notification to the applicant of the Council's determination, and an explanation of the ensuing process for seeking alternatives to demolition. October 28, 1998 Page 1 7. Provides for the salvaging of materials for reuse after the demolition permit has been issued. 8. Contains provisions and criteria for reconsidering a decision made by the City Council in regards to demolition permits and historically significant structures. He further advised that the new demolition permit review procedures have been deemed discretionary in nature by the City Attorney, which means that all demolition permits subject to these provisions will require environmental review pursuant to the requirements of CEQA. He discussed the composition of the current DPRC and recommended Council consider whether it should be changed, reconstituted, or possibly~?:abolisl~"i' ...:iii':ii!iliiii..':: ...... ~i!i~i~ii .... City Attorney ,apport discussed the proposed ordain,ce, two significant portions of the ordinance consider whether to allow a.!!;8~!ii"~'ing to ':.~i¢~~!.i.~.hed and addresses the reconsideration process. He recomm~i~ed to be historically significant, the demolition permit ~i~ be su~"nded while Staff works with the applicant to preserve th~!ii~!!~j~¢;!'"' If the appli~!~!i~6'iishes there is a viable market for the building, the issua~i!i~ii~e., demolition pe~'~"~:("would be stayed for a period of 90 days. He discussed the 9:~;;i~¢i~i~y. process as well as other sections to the proposed ordinance. He noted th¢;;ii'he":~~::;~...o, rdinance amends the Planning Commissioner L~mon discu=.s...¢ieii~ii!i~~,~:..proce~!i;~kd how it will relate to Councilmember Ashiku express~i;~ncer~¢~i'iq the i~i~?~i;i~'W of buildings over 50 years old placing property owners in a...iiii~ult pg~i(ion. It i:~iiii!~'nportant that the property owners have a voice in determining if:~i~ want:~ir pro~, placed on this list. He discussed the financi.91 burden pla.~diii~ prope..~iii~9~(~!i!~ complete an EIR or the pursuit of possible .[i~i~;.a..tion. He.::~~ii~.".he pos¢!!~ii!i~i~ii~ud occurring during the public hearing process.'~iii~ilili~estio~iii~iii~:...t:,:..would::~:'~8~:~itute revocation of the permit. It was his recomm~8~(~?~i.t, bat a~!i~~t:...and renovation criteria be established, and a more compreher~:~i~i!iii~ii~iiSr.-:ical P'~~i~n:. ordinance be initiated, rather than the proposed urgency ord i na~iii!iiiiiiiiiiiii::~:. ":--.:¢:::::::::?:?:::~::?:::~?' lann~..~g~::(::;omm,ss,~.::h~i~de, s inquired if a single Councilmember could bring an item ,....,..,.., ......................... ........ ......... ......... ..... ,-.-.-.-.. Oi~iilAttorney Rap@8~ advised that the matter may be placed on the agenda by any -i:!:!:!:i:i:....i:i& ~?..cilmember ~"voted in favor of the decision. He discussed considerations for ~!i~:...!he ..p..~!~ii!~::'He further discussed the possibility of changing the ordinance so that t~i~i~~!i~j~i~¢;~:'i'mit would be suspended from the point at which the matter was put on ti~:'~ii~ii!~i:ii~~il Agenda. The City Manager would be notified if the matter is scheduled on the Agenda, and would, in turn, notify the Building Official to suspend the permit until such time as the City Council makes a decision concerning the matter. Councilmember Mastin addressed the procedure for "reconsideration", as noted on page 6, beginning with line 17. He noted the 90-day time frame has passed with regard to the October 28, 1998 Page 2 demolition permit for St. Mary's Church. Planning Commission Chairperson Pruden advised that demolition permits are issued for 180 days after the City Council finds the structure to be historically significant. She questioned whether the City Council should review the permit again, if the structure has not been demolished within the 180 day time frame, or if the permit should automatically be renewed. Planning Director Sawyer advised that the UBC references extending th~i~xpiration of a building permit. Sometimes delays in construction, or demolition,.;Me be~'~l the control of the permittee, such as weather conditions. . .... ~ii!iiiiiiiliiiii!!ili!iii::i~::~iiiii!? .... Public Hearing Opened: 6:20 p.m. ~ .:~iiiiii!iiiilliiiiiiii::i~ .....'"~iiiiiiiiiiii!ilili!i!iii!i!!iiii!iiii!i!i?~iii~ .... ~ .::i::!ii~? Dan Haehl, 230 South Highland Avenue, inquired ~ii~:..~uild~!iiii~[ foun~ili~!i~iii~!li~!~i'cal significance, and is viable, ~n a pady make a new ~i~~~ if, in the futu'~~pedy seems not to be viable. "=~?~?~?:~ .... ' ................ City Attorney Rappo~ advised that, the way -t~'o~~i~::..currently written, the properly owner most likely couldn't reapply f9.~:~9ther p~~~., circumstances, or market, ~uld change, and there isn't an allo~~~be prop~~'inance for possible Jeff Troueffe, 807 Maple Avenue, ad~;d tha~ h~:~~~0ugh the demolition permit process three times. He felt th.~rrent E~ess is.:~~d. He noted that on several o~sions, building materials h~~en s~ or rec~i~d, however, it is has been difficult to find a pady interested in ~:'~g a ~:Cture t~nother location or to purchase the building and conduct re~v~n. He~b~:'day waiting period for demolition is adequate~H:e inqui[e~~0 who ~~~ determination if a structure is to be remode~?~b reg~~?~emoli{¥~?:~'~' St. Ma~ s Church, the public was notified three ye~:'~;. ~~.t the '~~[eet properly would be surplus after their new church is construc~'~?~~:lt the"::~~enducting an EIR is prohibitive to many properly owners, and.m~[~~::the b~~:becoming blighted. It was his opinion that the City Council s.~i~:~::~~~id.er a '~molition permit and that this proposed ordinance not fit a m~::'~'ust for o~::~~~:~referring to the demolition permit for St. Ma~'s Church. Re~:ideration shoul~~Pass all pads of the City's decisions, not just for demolition ~i:~:~:~Manager HorS~i~ advised that the City has been in contact with State and Federal ~~::and is..,.~hing information on funding sources. The City is taking a proactive ~~~~~:~'ng sources, which could be available in the future. Mr, Trouette discussed properly owners making alterations to their homes without conforming to the architectural features or age of the structure. When instilling a historical preservation designation upon propedies, the properly owner should be informed of limitations and restrictions related to historically significant buildings. October 28, 1998 Page 3 Councilmember Kelly discussed the City Council's vote regarding the demolition permit for St. Mary's Church and making their decision, not knowing important information was available which may have influenced their vote. She felt that with a delayed period of time, there would be adequate time for further information to be presented regarding a permit, and it could be used in a timely manner. Mr. Trouette discussed the takings law. He felt the process concerning St. Mary's Church, which the City Council followed, was fair and that Council should not take the matter under reconsideration · ..::i:i:i:~:.:::" "::::::::::::" .,;:::::::::::,' :.:.:,:.:,. Public Hearing Closed: 6:35 p.m. . ..... Planning Commissioner Chairperson Pruden d~.~":~'~ed h~i!iii!i~ii~.ent with t~ demolition permit process during the past 15 years,.:?~iing that?:~ i~iii~te~ her..::~.fi~'e to conducting historical significance evaluations~!~d histe.'"~ of Several people have had their homes moved, there~!~.S...e...'~ii:~g the histori'~ii!~i~i~i'cance of the structures. She further reviewed demolition i~i~ii!~t~::..various Iocatio~'~':':in the City and noted that since 1984, approximately 40 demol:iiii~iiii~its have been approved by the City. She estimated it would cost approxim~ly'"':~i~~iiii:.t..o' take CEQA through litigation concerning St. Mary's Church ......... Counci member Ashiku expressed c ' '?: iiiiiiillii ...tion i[,;iiii City did not provide adequate CEQA evaluation on a p~j~:~t. H~ii!i!::~j~i!!~ii!iii!i..a..~:Jtectural and renovation standards should be established ..i~i?:~rder...::!~!?pr~:i~iiii~ii!ii::~istorical character of the ..::~i~::::i~i~i~i~i!iiiiii::i;. ..::~': .:~' .::ii?:!i!i!?:!ii?;" -:!:!:!:!:!::' ..i:!:!:!:'. ":':':':':':" Mayor Malone referred to Exb~ii":~, a .::~i!i!~" "Excl~i~3n". in u' ' ' .. , p ~.?-::., .: q ~nng wh the Public Works .:::::::::;::::....::::::::::::. ...:.:::.:.:::.:. , Y Department... is excluded..::.f:r::..o~i?~i.~he pro~i~i~h::s~!~..e.'..f;!~!i~:i'ticle 3. He also inquired about the process w~:..a public..:a~~ilbuildin~iiii~ii~~!~'sed by a member of the private sector. City Att~~i~ .p......ort r~:~i~!~iii[::.could be possible that the court could order the City to pay all ati~~i~::shoul'~ii~ii~i?~iii~oose its case against CEQA. He advised that the Exclusion pa..r.:~~iiii~!!~."'a....rt of tl~ii~i~i;ing ordinance and Chapter 1 applies to all building ............................ Pla .n~i~ng Director ................... ~::::::';:~::::'~:~ .... ' ' ' · S~:...wy~'adwsed that C~ty Staffs response bme to applications to de....:~¥ish structures o~ ~"years of age is approximately two weeks· He discussed the p...~.."~sed ............. ordinance,::~:mpanng it to the existing ordinance· Should the project require a ~.t:.!ve Declarati...o...~iiSr an EIR, the process with the applicant could take from four to six ~~iii:.t..~.......c~......m....p...~!~?~::' He discussed the public comment period for the City to receive input Planning Commission Chairperson Pruden discussed the residential building record that the City obtains from the County during the process of establishing the age of a structure. She noted the importance of tracking construction on properties for historical purposes. October 28, 1998 Page 4 Mayor Malone discussed establishing criteria for designating the historical significance of a building, and noted that, once a list of properties has been established, property owners may be contacting the City offices. He was of the firm belief that the ancestors of the designated property should have the first option of what the future of the property should be. The community has an interest in various properties, however, if the property owner lacks interests in preserving the structure, the structure may deteriorate due to lack of maintenance. He noted that the existing ordinance does not refer to a maintenance program. It is his hope that the new ordinance will encourage property owners to keep their buildings maintained. He felt that it is not right to approve this ordi.n..~ce without getting the input of the property owners who will be affected ..~y. the..;:~:inance. He opposed the reconsideration portion of the proposed or..dinance~ili~fi..n..~iii~'at it should be for all decisions, not just demolition permits, mher..e..'iiii~..h.ould.:!i~i!ii~~:~:~::''~e:.. exemptions for continuous owners and to have more of a say than ~iii~'mmun[~ii~ ..::¢i?~i;~~ Councilmember Ashiku noted that, since the Ci~ii~ouncj..fili!~:~ take i!i~~!~"so quickly, many people in the community do not unde~~.......~ they will be ..~":by the ordinance. '::"::iii!iiiiii;iiii¢i¢¢iiii¢;iiiilili!i¢iiiiii~::. '":"":"::'":": .... Discussion followed concerning the process tl~¢(?'ih~i~~i~..owner will need to go through once their property is placed on the list.:.~i:.histori~iiii~!:.~i~nt buildings. ..::~:,,:;¢;;iiiiiiii;;iiiiiiiiii!iiiiiii~,,..... ..:..:::..::..........::::::..:..:,~... City Attomey Rapport responded to a P:~!~!!i~!i~~i!~,:.Planni~iii~ommissioner Larson regarding whether both the Planning C~'issio~i!i~iii~(!~iii~¢~il would be voting on the proposed ordinance. He advised that~i¢:8 City .~¢~ncii:~iiii!i~ii~n the ordinance, however, the Planning Commission may e-x.~ss theii~iii~iews o~!i!~:'"matter. He discussed CEQA standards for determining if an E!li~iiii~ii;neces~:~/for a .~ject, noting that if the matter were to be pursued in court, attentio.~ii~ii:i" be d~ to an..~ii~lverse environmental effects of the projects. Substantial evi:.d.e~:' would.~:;~ta:;i::~iiii~ubmitted and the applicant could be compelle...d, iiii~::!~.p..rovide ...:.a:'~ii~i~. If the ~~ii!ii:~ not historically significant, it could be catego~i~iii~ii~empt. ":~::~ii~s.sed th'~::ii~!~f:~gs issue. P anning Di' E ii er of the problems when placing a structure on the inventory.,.?~t:.'i:.~ii!~?::S..ome ~~ owners do not want their property on the list. The time frame:~::¢~'-'"::~:-~~~ ~¢?:i.t. he li~::~i'S unknown at this time as the consultant needs to go throughi::i~:~ exi sti n g"':i~~'"'"'~. ~::::f i ret. .:.:::,:.. ,.::::::::::::.' Pl.~'ing Commissio~r'~rrell felt that many issues have been addressed and should b~iii~nsidered prior t~ii~ting on the ordinance. The ordinance should incorporated these .................. :: ....... =============================== ..:::.:i:i:i:i::" ~i~~iii~8~i~sion Chairperson Pmden advised that in October 1988 she requested tl~'~ii~:..". ~ii~~'il go forward with a historical preservation ordinance, but little progress has been made since that time. She felt the City needs to make the demolition process more workable and that the new ordinance provide more guidelines. As the ordinance is implemented, its strengths and weaknesses will be shown, and the City Council can make revisions as needed. October 28, 1998 Page 5 Discussion followed concerning the cost of an EIR and the CEQA process. It was noted by Staff that a Negative Declaration on a project is completed internally by Staff. The importance of keeping the public informed of the process and historical listings was stressed. It was noted that the current historical listing is 10 years old. Planning Commission Chairperson Pruden drew attention to Exhibit A, page 2, line 1, and recommended the word "garage" be omitted from the sentence because from a historical standpoint, many garages were formerly carriage houses on older properties. She discussed other outbuildings which are not attached to main structur .e=..~ii!~:~ Planning Director Sawyer advised that the City should not ..~:::~='ages explicitly exempt and recommended not deletin the word" at~I~:: "fro~!ii~!i''?:~!~=:~![!i[!% t ' · g :::::::::::::::::::::: .:.::::i[~ii!i~ ence. He w~ll consult with the City Attorney and provide alternate.:i~'~age f0~iii~ii!i~ii~ili:..o..~ page 2. Councilmember Mastin recommended deleting i~;(3)o~:ge 6, ~~~'e~ ~ ~ 6 concerning "Reconsideration of Decisions"· It w~~?:;~:~re to narrow':{~~ns for reconsidering and that item (3)is worded too broadl~?~~[essed concern"~:~:'~t the City apply the reconsideration issue to other matters as the demolition process. City Attorney Rappo~ discussed the fraud is~;~s it reJ'~{~~.~ (1) on page 6. Mayor Malone polled the Council on va~l~~~~rning;;~ proposed ordinance, with the following Consensus, ~s re~:~d: - Reconsideration: Page 6, a. , le~ (1) - Exemptions: Do not have an..,~ption.:.~¢~ ownec:~¢~cupied structures· ..~:~:~:~:~:~¢:'::~.. - Suspension of demolition pe..~m~s: Sus~7~'nd dem&~i':~ion permit during reconsideration ====================== ..:j~:~:{.::::~.' ..~:::~:::{:' process. '::~:~:~:~:~ .... - .............. ;' .... ~" ..;.:.:.:.:.:.- - Viable market: A new.::~ap~ii~ation c~~?:~¥{ted at a later date· - Elimina~he 90 da~;~;~i~i~ne, Pag~~, line 11. Cit~anager Horsl~?~¥~ed:.=...... .~<::.:~.. that an emergency matter has developed which the Co~bil .......... needs to take.:~d~:~ consideration at this meeting regarding a budget amendment i~ amount of $3!:~b0 for the Perkins Street Reconstruction Project. ,:~:~:~:~:~:~:~:~:~:~:~:~:; ..:::::..:::.- ::::::::::::::::::::::::::::::: ,.::~:~:" ~~hJ.k.~:Ma~:'n to place the emergency item regarding the Perkins Street ~~~~::~'roject on the Agenda, and carried by a unanimous voice vote. 4. NEW BUSINESS a, Establish Updated Priority List of General Plan Implementation Measure~ Senior Planner Stump discussed the process of implementing the General Plan over the years and reviewed some of the complex projects that have been completed, or are underway, which fulfill implementation measures contained in the General Plan. He October :28, 1998 Page 6 reviewed various rezoning projects completed by the Planning Department as well as streetscape guidelines. It is Staff's hope that most of these projects will be completed by the Spring of 1999. The 12 major projects currently underway are: 1. Revisions to the City Zoning Code 2. Preparation of a Master Bicycle/Pedestrian Plan 3. Preparation of a Gobbi Street Riverside Park Site Design Study 4. Conduct a historical preservation program 5. Preparation of a stream and creek restoration/enhancement study 6. Preparation of an EIR for the Orr Creek Bridge and Orchard Ave..n..~ extension project ..~:: ...-:~::~'..'--'-:'-"" 7. Revisions to the Hillside Zoning District regulations ::~iiiiiii!iiiiiiiiiiii~:......::~iiiiii? .... 8. Creation of computer generated General Plan ..!~, use .~ii~i~qg maps 9. Participation in the planning for the railroad d...~i::'"prope~ii!~ili~ntown tran.s..:ii center project .~iiiiiiii? , ..:~iiiiiiiiii~::::" "::~iiiiiiiiiiiiii!iiiiiiiiiiiililiiii!i~....~: ...... 10. Preparation of an Airport overlay zoning dis.'.'"'~iibt and..~i~'":~iosure'::~'~ii~~!!iiiii!i?'' 11. Revisions to the City Subdivision Ordinanc~iiiiiiiiiii!i!i!iiii~:~':iii? "::~iiiiiiiiiiiiiiiiiiiiiiiiiiiii!i!? .... 12. Air quality issue research/AQMD participati~i!i?~iii!iii~!ii!iii~ii!i?~i~!i~i?:i~ .... , ........... "::: City Manager Horsley reported that each Departm{~ii~'"::h~ii~~:..a copy of the General Plan Implementation Status Report to use as a..:g...u'ii.deline. Mayor Malone recommended a copy of...:t-~!iii~ii~i!ii~iii~Bt to th;i!!~iah Dai/y Jo, urnal. He discussed transportation issues and t~i~':':~end~i~ii~~!iii~ Government s (MCOG) influence over funding. The City's G~al Pla.~ili~pl~':i~:'Plan should be consistent Councilmember Kelly discus~i~he ma':of an ig~Pendent contractor which was hired to complete.::.the air qualit.y::?:::..S..t~. :~iiiiii!!i!iiiiii!ili?:?:~::i::iiiiiiiii?~:'' Plannin~i!ii?~.t. or'"':~:'"~":'::'~:~:~:~:~:~:~::" S~;. ~i~'"". ~b. rted tl~:~ii~!~::~::':'City was not included on the list to receive the ad~:i~i~i~!ii~::..draft'~i~i!i!ili~i?:~AQMD. After contacting the agency, a copy was forwarded t'~i::i~iiii~iiii~?:i~..and S'~iiii~iii~:.:. :..~iii~e review process. Police:?:~'ief Willi,~iiii!~ii!~sed items listed on page 46. He advised that the Police Dep:a~i~ent is finishi~i?~i~!~:Ure CF-8. l(a), which involves a coordinated response to in .cj'.~ts involving mui~i!i3i'~?~agencies by developing a central dispatch for all Emergency M~i.~al Response, ~iii~ and Law Enforcement in the valley. He reported that the Police i:..rtment contin.~ to work with the schools. Poor bicycling habits and helmet laws ~?~i~iscussed~::~i::iiii~!~ invited all City Council and Planning Commission members to tour { ii ii iiii :ment facility. Councilmember Chavez advised that the Mendocino County Public Health Department can provide helmets to individuals. Fire Mamhal Evans reported that, through a Public Safety Grant, the Fire Department can purchase helmets at an estimate cost of $2.00 each. October 28, 1998 Page 7 UTILITIES DEPARTMENT Councilmember Chavez recommended that utility bill mailings to promote education on energy efficiency and solar energy, Measure EG-7. l(a), be printed in Spanish as well as English. Planning Commissioner Puser queried staff about Measure EG-8.1 (b) regarding offering financial or other incentives to residential and commercial customers to install more efficient systems. Public Utilities Director Barnes explained that the program was...:~.activ.::.~ii~:~' a time. He advised that the cost to print their brochures in Spanish....should ~{i!ii~:~:"costly, as they are picture oriented. He reported that the undergroun .d...i.~ii:?.of utiti~ii~i[i~e largest price tag for completion. He advised that the electric utiliti~!iii~:~ Iocat..=~!!!ii~!ii~iii~i~ewalk alo....~~ Perkins Street and should not be affected by the P~ins Stre..e.'.'~i!i~e(~:~~~.i...o...~: .pr~j~:. city Manager Horsley reported that P.G.& E. has Mayor Malone recommended that mention should be~~iii~!~A on Measure CF-1. l(d), page 67, noting that the City participates as a m~'be~:~{!ii~iiii~i~.a..nd Water and Power Agency ........... .... ............ "::~i!i!!!ii~!i!i!iiiiiii~i!!!!ii!iiii!iiii~ii~i!i~ ..... ,u ic U i i ies irec or arnes Sphere of Influence has been submitt.e.'."~::~"i"~ LAE~ii~iii~i!i~Flete. With regard to the City working with the Ukiah Unified S~':~ol Dis:.t:~t re'~!~~iii~'eir new school site, he will keep the City Council and Planning::i~mmissli~':~ infor~:"""~f the status regarding utilities. ana er ,ors e co,s va ion the City's efforts to place.'!ii?:p...l~is in p~!i!ii~Ddi~ii~"er surroundings that conserve water usage. S....:~ii~ised th.~ii~ili~y has b~ii~:....~ili~nservative with expenses but is hoping to imple~i~......utilit:~:~i~~t, ion pr~=~ again in the future. ^ssis an Manager will provide manage~i~i:::i:~iiii~!~ii~..:c, iliti~'' and will prepare a strategic plan for the Airport. The plan s~i~'ld addres~!iii!~ii?~ii~ues as noise which the Airport Commission has been discd~'ing.. She disc~::~!ii~"~e day to day operations of the Airport. CI~ CLERK ........... ~!~i~ing Cornm...i.:~J~:0n Chairperson Pruden discussed records management and ~ii~::~:.t..b...a..t..f....o.:~::~ity Clerk Kathy McKay did an excellent job and kept her informed of ~~?~?~i~i~!iii~::"destruction so that she could determine if they had any historical si~i~~?'~he advised that she is a Commissioner on the Mendocino County Historical Records Commission and that their services have not been used by the City since Ms McKay was City Clerk. She felt the City should go back on line using these types of programs. During reconstruction of records of historical buildings, they have found little information regarding building plans over 25 years ago since most were destroyed. She discussed the City's legal retention schedule and records management program. October 28, 1998 Page 8 City Manager Horsley advised that the records retention schedule is reviewed by the City Clerk each year. Newly appointed City Clerk Marie Ulvila will continue to follow this procedure. She noted that former City Clerk Colleen Henderson did a tremendous amount of work in records management and revised the retention schedule in cooperation with the City Attorney and each Department. Planning Commission Chairperson Pruden advised that Kathy McKay provided her with plans and specifications of buildings as retention schedules expired, and they were turned over to one of the historical units for retention. This has not occurred since ~:McKay left the City's employment. She stressed the importance of Impleme.ntatio..~iiiii~'easure HA- 1.5(a), utilizing the volunteer services or staff services of the Men.d~i!h.o.~i~i~unty Historical Records Commission. She noted that the City has.~::.opti~iiii~i!ii~".~.i, ng its historical archives or sending them to the Historical Society. Discussion followed concerning plan and specific~ii~ns noted by Planning Staff that Building Department i~i~:'.si~La.-~" specificatio~ii~!~iii~:~)t in a separate storage area from those handled by the R~:.~ii~etention systern"i':':'~:'~d are not destroyed. Preliminary plans have been include?d..i!iiii~!iii~i~~g Commission and City Council packets for review. A suggestion was-~de'~ii~~se a list of records for City Attorney Rapport discussed reten..[i~ii!~~i~?:i~..and Cili~ii!~:~'ocedures prior to the destruction of records. It was his op!~ii~' that..::~-~ii!i~~~::i~.t.:B~ Ms. McKay fo, llowed, as outlined by Planning Commissioner P~en, w~i!::~ot i'~!!i~~~ce wit,h the City s policies. However, if there is a procedure tbatii~as not.:~rporat--'"~'~;3 the City s policies, and that subsequent City Clerk's were n~{!ii~are o..f..:~ii!~ey sho ii be presented to City Clerk Ulvila for consideration. .~iii~i~ii?~ii::i::~ ..... ::~ili!~?~?~i!' There ~iii~iii~ii~.:f.. dis B ii iiLh, e lots, as noted on page 72. City Manage[iiii~!:.~i~i!ii..a..dvis~'~iii~?~i'here is no room for bike lanes on Perkins Street, wh chis Plan:~ii['g~ Commissi~iii!~'"':~'iles discussed logging trucks on Maple Street and the de.....i~ioration of City s.~et~§ due to large trucks. ..:.:.:.:.:.:.:.:.: -':':':':':':':':':' ..i:!:i:i:i: ====================== .::i:'.:!iiii::' ~i~?: Malone ..:::,::::::::::re~'mmended MOOG be sent a copy of the City's General Plan i~i~ntationM~sures Discussion followed concerning MCOG's lan bein ~i~i~i~::~:::::i~::i::~i::::~::~:?:??:~::~i~?:~::i::~i~..'.::~ ............. ~:~:~::::::i~::-" · p g updated. ========================================================================================================================== ...... P'i [ i ii A'missioner earson discussed stream restoration and flood control, as noted on page 44. He stressed the importance of a residential traffic management program. COMMUNITY SERVICES DEPARTMENT Community Services Director DeKnoblough advised that the Community Services Department has not begun implementation measures because they are waiting for the October 28, 1998 Page 9 County to adopt their General Plan. City Manager Horsley discussed funding for Riverside Park, working with the Ukiah Unified School District regarding recreational programs, and working within the City's sphere of influence. Planning Commissioner Larson discussed the City establishing a parks and recreational district which encompasses the entire valley. The City should separate that vision from the goals confined within the City limits. Identifying parks and recreationa|~i~eds of the community was seen as a priority. He discussed the South .:~ashi.g~n Park and Wagonsellers Park and felt the needs assessment should be ~]..'..e....t~:'soon for those Consensus of Council was to have the needs asse..~ent of ~'~ ~~~. Park..-~ii~:~ the Wagonsellers Park be made a priority. ?~!~i!~ii~!i!i~ .... ~iiii!i!?' .... ~i!i!!!!!iiii!!!!iii!ili!iiii!ii!!iiiiiiiiii~iii!i!iliiii!~iii!i? .... Discussion followed concerning the City being ~iiii~i~.g. mechanism ~:~::::~arks and recreation in the Ukiah valley. Joint use of recreatio...~iiii~i~i~..was also discussed. In- lieu fees, as noted on page 61, Implementation M~ur~iiii~iii~iiiii~or Riverside Park was discussed. The matter of the property owner doQ.a..t...i.~g the la'~i~iii~~i~.an paying the fees Planning Commission Chairperson E~n di~~!i!!~!~.r....:~i~k and inquired as to the City's economic constraints regardin~i!!~arks ..... Mayor Malone felt that the issu~ii~berns.~onomics, i::ii~hereby the needs are greater than the money available. ~..~iiiiiiii? .::!::ii~iiiiiiiii!:' ...:?:!i~:..? Discussi~!~!~.'.o. llowed ~~ing mai~i~::..'..~i!ii~nd security of the City's parks. Plannin~'~~i.0ner:::~~ii~i:..s...~ussed Implementation Measure PR-7. l(b), as noted on page 72, '"~~!i~:.the cc~:~ii~!~::of public use of the existing community garden at the Observa.t:a~i!~i~i!i~..rep0~ii!~':~at the community garden has been discontinued. City C..o..~ilmemb~?~!i~!ii~ised that she took a proposal to the Sun House Guild for a gailY'n, but they ha~!i!~i~'y found a new site. .:::::::':: EMiE, ENC¥ ..-.:.:.:.:.:.:.:.:.:.:.:., ~~st For Autho':'~'ation ........ Of Budget Amendment And The Expenditure Of Gas Tax E~!~ii::~::.?.'i'o ~u~?'Required Change Order Work For The East Perkins Street s,eci,cat,on No. City Manager Horsley distributed an Urgency Item Summary Report to Council, as submitted by Public Works Director Kennedy. She advised that during the reconstruction of Perkins Street on October 23 and 26, 1998, unsuitable material within the roadway subgrade was found at various locations, as well as unstable areas. The Contractor was directed to remove unsuitable material within the roadway subgrade at various locations October 28, 1998 Page 10 along the eastbound lane of East Perkins Street. Since the subgrade has been exposed and inspected by Staff, it has been determined by Public Works Director Kennedy that it is necessary to install geotextile material (fabric) on the subgrade prior to the placement of the new structural section. On October 15, 1998, the grinding machine hit the steel rail culvert top at the Gibson Creek crossing and a Notice of Claim has been received from the Contractor indicating that additional costs in the amount of $8,700 have been incurred. There was no indication on the plans that the rails were there, nor was City Staff aware of their existence. Additionally, the number of existing detector lead cables to which the Contractor is to splice the new detector loops to are not as indicated on the C...:~¢tract plans. She noted that a lot of the composition of Perkins Street is not sh~n o .n..?:~ maps. She discussed the Contingency and Gas Tax Funds. ::~i!i?~!!!!!?~![i~!?:::'.-~::....::~i!!!![ii::~ .... ..i:~i!~!~!i~i~!~i~!!::.. ====================================================== Finance Director Elton advised that the emergenc...~?i~'~nse ~ii~iiiiii~!~:',/..e an inte.r<.r).~ Budget amendment and expenditure of $31,200 fr~i::"Gas Ta...~..i~"n~!ii~i~i!i~i~.t. he Pr..~j~t Account of 303-9646.250.000. :iiiiii~iii~ .... ~iiiii?~ ...... ::~i::iiiiil}iiiiiiiiiiiiiiiiii?~ii}}iiiiii}ii!i!iiiiiiiiii!iiiiiii~i?:i~ ..... MIS Ashiku/Malone authorizing a Budget amendm~iiii~ii!i!~xpense of $31 ,~'~::~rom Gas Tax Fund 2105 to the Project Account of 303-9645.2~ii~i~i~.e purpose of funding the required Change Order work and the potential clai~ii~r tl~i!~!~::.Street Reconstruction Project, and carried by the following roll call V.~::t.:~i::i::i~....YES: ~'~~iii~hiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAINi~iiii~~:. 4b. RECEIVE HOUSING ELEMEN~ili~ATu~?~i!~~!i~:~:~?:?:::i? Senior Planner Stump advised th.a.'~i!~'he Uki~" G~:~iiii!i~i~:n Housing Element Status Report was prepared by staff, and::~d that::~'ch mo~i!~::'~'ds to be done. He discussed recent rezoning of various area~i~!~gho~i:!~'e City ~' their affect on housing. He noted that there is vacant land availa~ii~::i' howe.g~i the m..~:Hty of vacant properties are located in the western hillside are.a::..o~ii~ the Fl~ii~.e..~ii?~?:i~ .... Conse-fii~iiii~iii~:....C. oun'~ii~iiiii~~,d the"~'~:~:fi'sing Element Status Report presented by 5. A DJ O U RN,MiEN..~iiiiliiiliiiiiiiii~ .... ...... · ,...,*,..,..,-,,...v,.. ===================== ...:::~:::::~::..:!...~::.:.:.:.:.~.::::~.~.~:i:i:i:i:::i:i:i:i.~.[:i:::i:.::i:i:i:i::.:.:. · "::i:i::" MIS Ma.!.~n$~A:~J~!~ii~:~.i:!:~j:~urn"::~he joint meeting at 10:10 p.m., and carried by a unanimOUs voice vot~iii~ii~h$iiiB:.ity Council. ...... ...... .............. ....... .:.:.:.:.:,:.:., ....... ...-.....-...,.. ,:.:.:.:.:. ::ii::!~iii::i::iii::: .:.:.:.:.:.:.:.:.:. ........... .......... :~i!::~::~::~i~::~::~?:~i~ ..~:i:~:i:i:' -.-.-...-.-.,.-.~.-.-.,, ..:.:.:.:.:.:.:.:.:.:,:.:.; ..:.:.:.:.:,~ ::::::::::::::::::::::::::::: ..::::::::::::. :::::::::::::::::::::::::::::::: ..::::::::::::-' ~i~j!$~?~Ul.vi I a. , Ci:t~:i'erk. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~:.:~:~:~:~:~:~:`:~:~:~:~:~:~:~:~:~:~:~:~:~:~:`:~:~~~:~:~:~:~:~:~:~:~:~:~:~~~:~:~:.~~ ============================================================================ -.:,:.:.:,:,:.;.;.:,:.:.;.:.:.:.,~:,:.:.:.:,:.:.:.? ...,:.:.:.:.;.:.:.:.:.:.:.: - ....:.:.:,:.:.:,:.:,:.:, October 28, 1998 Page 11 ITEM NO. 5a DATE November 18, 1998 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF OCTOBER 1998 Payments made during the month of October 1998, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedules of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 108286-108389, 108506-108697, 108823-108920, 108926-109037 Payroll check numbers: 108390-108505, 108698-108814 Direct Deposit numbers: 3738-3912 Void check numbers: 108815-108822, 108921-108925 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of October 1998. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Director of Finance Coordinated with: Kim Sechrest, Accounts Payable Specialist Attachments: Report of Disbursements APPROVEO!'-~ Candac~, I-:lorsl(~y, Ci~ Manager AGENDA.WPDIkrs Oo ~ ~ ~ U~ ~ ~ I omoo~o~o~o~o~~oooooo ~  o ~ I oo~o~o~~~o~o~ 0 ~1~ OOO OOO OOO OOO OOO O0 oo oo O0 OO O0 ~0 ~ ~ ~ ~ ~ ~0 000~ ~ ~ ~ ~ ~ ~ 0000 O0 O0 O0 O0 0 O0 0oo0 oo oo O0 O0 o O0 0000 O0 O0 O0 O0 o O0 0000 oo oo OO O0 0 O0 ~o 0~ 0~ o000 o000 0000 {'-OD ,-~,~ O0 ,--~ ,-~ ~'~0 O0 O0 O0 O0 oo O0 O0 o 0 O 00o 000 000 000 000 ~l ~l ~l 0 0000 .H v ~O ~0 0000 O0 ~ O0 O0 0 O0 0000 O0 0 O0 O0 0 O0 0000 O0 0 O0 O0 0 O0 0000 O0 O~ O~ O~ ~ O0 ~~ O0 O0 ~ O~ 0 ~0 U OOOO H~ HHHH ~ ~h ~ 0 ~0 ~ 00000 00000 ~~0 000 000 000 ~ ~ 000 ~ ~ HH O Oo U~ O{JO o00 HU HHHHH oo oo H HH 0 B HH ~ &~ ~ -OH ~H O0 O0 O0 OO o3o3 OO OO OO ~.-I ~---I O0 (~1 (~1 I I ~000 ~1 ~--I 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~ 0 Z U ~ ~ ~H H~ ~U ~1 ~ ~O~ ~ ~ ~0 ~~ ~b ~HHHH H m H~HU ~ 0 I 0 ~ ~ 0 ~ ~H 0 UOH~ H H~X ~oo: 0 ~ ~ ~ ~ ~ ~ ~ ~0~ ~ ~ ~ ~ ~ ~ 0 0 0 O0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 000 0 0 0 0 0 0 0 0 0 O0 0 0 0 0 000 LF) ~3 0 O0 0 0 0 ~-I ~I ¢q 04(~ (~ ~ (x3 (30 ~ (30 (~0 (:D (~0 (33 CO 0 0 0 O0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 0 o o U 0 0 o o ~-I O O o O o o o O · H {/'} ~ r=.] r~ o z ~ ~ o o ~; u o ooo HHH m o ooo O O O ~ ~Oo O O O O ~O~ 0 0 0 o o o o o o~ o ~ ~ o 0 w-t · o u'") lO o O ~ 04 o ,.4 ,.4 ,-; ,::; ~o o O~ HI2 ~Z o ~ UU U~ OE~ H i O0 O0 O0 O0 ~0 O~ O0 O2OO O0 O0 O0 O0 ~ ~o O0 0 ~ 0 O0 O0 0 0 0 O0 O0 0 0 ~0 0 0 0 O0 O0 OO OO oo oo oo OO o~ 00o 00o 00o 0oo 2~ZZ ooo ~i~ ooo o00 u~ o o oo oo O0 ['"-- t'"'-. oo ~.--I {'-..- ["-.-04 O02 l~U'~ ~--I ~--I oo oo o O U r:, o ~o oo o r-- ,.-I o O ~ oc) i.~ i.r'~ ~ O ~ 04 u~ ,< ,::; oo o,:; o - ~ ,::; ~ 00 0200 ('%10,I 04 ~ O O O z ¢; ~ ~;~; o o ,:; o o :D kO ,-I ~--t OO O .LO O O kD OO O ~ ~ O ~ HH H H ~ ~ H o O0 o o Z ~ o ~ oo o ~ ~ ~ o oo · OO OO oo ~o ~o o00 ooo oo0 o o oo oo0 o o oo 00o 0 o oo OOO O ~ OO ~O~ ~ O OO H HiM Z HH mm~O ~ ~ mm 0 oooo 0ooo o000 kDk.0 OO UO o oo o ~ oo o ~ r,4HH i O0 012 0 0 0 0 000 000 000 000 000 000 000 ~--I ~-I ~-I ~-4 ~.--I 0000 0000 0000 0000 0000 0000 0000 O0 0 ~~~0 00000000 00000000 00000000 HHHHHHHH 00000000 00000000 0 0 0 0 0 · 0 o o o E-4 i..r} i.~ o o ~ ~ o o  P,- [,..-. o o 00 ~ o oo o I.~ ¢~ ~ o ~oo 0oo OOOO ~ O OOOO O O OOOO O O OOOO ~ O 0000 0 0 00000000 00000000 00000000 00000000 ~0~00~ 00000000 00000000 HHHHHHHH HHHHHHHH UO H ~o 0 o H H ~0~ H ~H ~00 m ~ 0~ ~ U~ ~UUUUUUUU HHHHHHHH HHHHHHHH HHHHHHHHH H 00000000000000000 00000000000000000 00000000000000000 00000000000000000 HHHHHHHHHHHHHHHHH 00000000000000000 00000000000000000 000000000000000000 000000000000000000 000000000000000000 000000000000000000 000000000000000000 O0 O0 O0 O0 O0 O0 0 o o 0 0 UZ H HHHHHHHHH HHHHHHHHHHHHHHH~H0 00000000000~000000 000000000000000000 000000000000000000 000000000000000000 ~OOO~~~O~OO~ OO~~OOOOOOO~~O O~~OO~O~O~~O OOOO~OOOOOO~O~O~O OOOO~OO~O~O~O~O UUHHHHHHHUHUHHHHHH HH~~~H~H~~~ OO O0 O0 oo UU HH O0 ooo ooo · U~ UO 0 0t~ ~UUUUUUUUUUUUUUUUU ~ HHHHHHHHHHHHHHHHH HHHHHHHHHHHHHHHHH ~0 HHHHHHHHHHHHHHHHHH ¢~ 00000000000000000 UUUUUUUUUUUUUUUUU 00000000000000000 UUUUUUUUUUUUUUUUU U H 00 ¢~ i 0 i ~0~ 00000 00000 ~O~ OOOOO U 00000 c0 o o o o ~o oooo oooo OOOO oooo [.... {-.. OO oo {.~ {,..... oo r,~ t...,,,- ~.-I ~--I o2oo oo oo o 0 000oo 0 ~~ U ~~ ~0o~ O o o · o · oooo oooo oooo oooo OOOO OOOO oo oo OO ~OO OOOO ~OO o · O · o O U o o O · · o o · o O U H o o 0 o · o :~ oo ~~ B HH ~ooooo ~ ~ ~ O H D~ -00000 ~ >~ O0 O~~ 0 ~ ~ U~ H ~O ~ ~ MUUUUU ~ ~ ~ OO0000 O~ ~ ~ ~UUUUU ~ m UU H 0 ~ ~ O~ oo~ H o~ ~o OO HHUU HHHH o HE4 ~o ot~ o~q o OE4E~ 0L~ o H 0 O0 O0 0 0 0 O0 0 O0 0 0 0 O0 0 O0 O0 0 0 0 O0 0 O0 0 0 0 O0 O0 O0 O0 0 ~ ~ ~ ~ ~ ~ 0 ~ ~ O0 0 0 0 O0 0 O0 0 0 0 O0 O0 0 0 0 O0 0 O0 0 0 0 O0 o 0 U 0 O0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 o ~o ~ ~ ~ o o ~ ~ ~ ~ o. ~ o ~ .o o O0 o ~ 0 ~ 0 ~ 0 ~o ~ ~0 ~ ~ ~ ~ ~ oo o ~o o ~ o ¥~ o oo o ~o o o o ~ oo 0 0 ~0 I~ l~ ~l {::~ 0 0 ~:~ ~ {~0{~ 0 lO 'cPu-) 0 ~ O U ~:~ I-I H H D.-] F-t-]D-]  t~ 0 o o ~ O~ UO o Om O~ ~0- 0 ~. 0 0 ~00 OH H:~ ~ o~ ~H ~O ~ HD ~HH ~ oo ~oo ~ ~0 HUU H~ 0 i O~ 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 O0 0 0 0 0 0 0 0 O0 1~ ~0 0 0 0 0 0 0 O H ~ ~ H 0 ~ rO · ~ 0 o o -~¢~ ~ 0 Dc~ Ot~ r~ Oeq ~r~ ~ ITEM NO. 5b DATE: NOVEMBER 18, 1998 AGENDA ~UMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM JENNIFER DAVIDSON; AND REFERRAL TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Jennifer Davidson was received by the City of Ukiah on October 14, 1998 and alleges damages related to trip and fall on September 23, 1998 at Vinewood Park. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim for Damages Received from Jennifer Davidson; and Refer It to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Claimant Claimant ~~~)'~ Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Jennifer Davidson, pages 1-2. APPROVED: (~" 'a~e Horsley, Ci~nager mfh:asrcc98 1021 CLAIM NOTICE OF CLAIM AGAINST . ,. . o 77~is clafin taus! be presented, as prescribed by Paris 3 and 4 of Division 3.6, of Title 1, of the Government Code of lhe State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 Number/Street and/or Post Office Box City State Home Phone Number Zip Code Work Phone Number PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): Name Number/Street and/or Post Office Box ( Telephone City State DATE OF THE ACCIDENT OR OCCURRENCE: q '- ~ PLACE OF ACCIDENT OR OCCURRENCE: ~d ~ n p-J,,O o o._.~ zip Code GENERAL DESCRIPTION OF THE ACCIDENT OR OCCC:R;.~'ENCE (Attach additional page(s), if more ~'..2ace is needed): I 7. NAME(S), if known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: e WITNESS(ES), ff known (optional): Name ' b. Address Telephone . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREATED: 10. 11. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the claim: _~L~. STATE THE AMOUNT CLAIMED ff it totals less than ten thousand dollars (510,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as if may be known at the time of the presentation of fha claim, together with the basis of computation of the amount claimed (for computation use ft12 below). However, ff the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included, but you must indicate whether the jurisdiction over the claim would be in Municipal or Superior Court. or Appliceble JuHsdicb'on 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages fo~ General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospeclive 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 of action for death or for injury to the person or .~o personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after th~'ad6';:ual of the cau:;e of action, whichever is longer. Claims rr;lating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of / "' 'SI~I~TURE OF CLAIMANT(S) RECEIVED OCT 1 4 1998 ...... II I ..... i r I /x i i 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 rfghLs or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 3/18/98 AGENDA SUMMARY ITEM NO. 5c DATE: November 18, 1998 REPORT SUBJECT: REPORT ON EXPENDITURE OF BUDGETED ITEM FISCAL YEAR 1998- 99 - YEAR 2000 CONVERSION OF THE ORCOM BILLING SOFTWARE In accordance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of services costing $5,000 or more but less than $10,000. The OrCom billing software changes relative to the upgrade for year 2000 compliance for producing City of Ukiah utility bills for electric, water, sewer, garbage and parking permits has been completed. The changes included updates to the current version that provides enhancements to processes already in place. We expect the enhancements to assist the Customer Service Representatives in performing their jobs. In addition, staff was able to benefit from training on technical procedures unrelated to the year 2000. The original proposed cost of $10,000 was included in the fiscal year 1998-99 budget under Contractual Services (Account No. 697.1305.250.000). The actual expense is $7,288. At the same time, the prototype of the unbundled billing module was installed. This software will allow staff to design a utility bill that displays an itemization of charges for the electric portion of customers' utility bills. The unbundled electric bill could include, but not be limited to, listing the costs of: generation, distribution, transmission, energy cost, public benefis charge, competition transition charge (CTC), meter reading, billing and collection pursuant to California State Assembly Bill 1890. RECOMMENDED ACTION: Receive and file report regarding purchase of the year 2000 compliant version of the utility billing software from OrCom in the amount of $7,288. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Gordon Elton, Finance Director Customer Service Supervisor Patsy Archibald, Candace Horsley, City Manager Gordon Elton, Finance Director Fiscal Year 1998-99 bud~let sheet PA: yr2k.agn Candace Horsley, City rV~nager Z Z I-- Z ~) 0 EEEE 0 0 0 0 o o ,-' > o ~ o ,.- o -! -.~ .o .~- 0 -0 c~ AGENDA SUMMARY ITEM NO. 5c] DATE: November 18,1998 REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR AWARD OF U.S. DEPARTMENT OF JUSTICE - SCHOOL BASED PARTNERSHIP GRANT IN THE AMOUNT OF $114,590.00 SUMMARY: As part of the City's Community Policing Program, the Ukiah Police Department, in partnership with the Ukiah Unified School District, Pomolita Middle School, Mendocino County Youth Project, Nuestra Casa, Mendocino College and San Jose State University, applied for a Department of Justice, Community Policing Program, "School-Based Partnership Grant" in June, 1998. In September, 1998, the City of Ukiah received notification that our Department had received a grant under the School-Based Partnership Grant program, in the amount of $114,590, with no local funding needed. The Department of Justice stated, "The ...grant program promotes the use of a problem-solving model to identify crime problems; analyze these problems to determine why they persistently occur in certain locations and in certain ways; develop tailor-made responses to the problems, based on problem analyses; and finally, assess whether these responses significantly impacted the problems. We sought to fund agencies that indicated they were open to taking a different approach to reducing crime and disorder..." In May and June of this year, participants of the grant formed a core group of problem solving members. Through consultations conducted with focus groups, community/ neighborhood meetings, evaluation of complaints from affected parties, and officer input, the committee elected to study "Alternative Problem Solving Methods" as they relate to loitering and truancy in and around the Pomolita Campus. Missed school leads to increased student safety concerns, and increases in assault and property damage crimes in and around schools. This problem affects students, teachers, local service groups, local businesses, neighborhood residents, and parents. Currently, the Department of Justice has completed a budget audit (notifying us verbally of approval), with final written authorization to proceed with the grant to be received in November. The grant team has selected December 1st, 1998, as an official start date, pending this final authorization. A budget amendment to reflect this grant opportunity is now requested for FY 98-99 budget. There is no matching costs for this grant, with 100% of the funding provided by the Department of Justice. RECOMMENDED ACTION: Approve Budget Amendment to Create Department 206.2026.xxx.xxxx and Authorize Revenue and Expenditures of $114,590. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not approve budget amendment and direct Staff to advise other agencies that City will not participate in grant program. Citizen Advised: N/A Requested by: Public Safety Departments - Police Prepared by: Chris Dewey - Police Sergeant Coordinated with: Candace Horsley, City Manager, Gordon Elton, Director of Finance, John Williams, Police Chief. Attachments: 1. Grant Award Letter 2. Grant Budget Breakdown 3. Budget amendment worksheet Candace H~sley, City~anager U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Ave., N.W. Washington, D.C. 20530 September 18, 1998 Chief John Williams Ukiah, City of 300 Seminary Avenue Ukiah, CA 95482 Dear Chief Williams: Congratulations! It is with great pleasure that I write to inform you that your department will receive a grant award under the School-Based Partnerships grant program. We are very excited about the work that will be undertaken by law enforcement agencies, communities, and schools as part of this grant program. The School-Based Partnerships grant program promotes the use of a problem-solving model to identify crime problems; analyze these problems to determine why they persistently occur in certain locations and in certain ways; develop tailDr- made responses to the problems, based on problem analyses; and finally, assess whether these responses significantly impacted the problems. We sought to fund agencies that indicated they were open to taking a different approach to reducing crime and disorder, and who requested resources that would help them do this. As you know, addressing problems through the SARA model or other similar processes, means taking a very different approach than policing agencies have relied upon in the past. Because there has always been much pressure to "do something" right away to address problems, policing agencies and communities have rarely had the opportunity to analyze problems before responses were implemented. That is why this grant program focuses on providing tools and the time necessary to complete analysis prior, t° implementing a response. Enclosed is an estimated funding memo for your review. (Funding amounts are estimated until your budget has received final clearance from the COPS Office.) This document outlines the items in your application that we could fund as well as those that we could not fund under this grant program. We could not fund items that were disallowed in the budget guidelines of the School-Based Partnerships grant application, items that were not clearly linked to problem-solving efforts, or items that were response-oriented in nature. Also enclosed in this packet are some administrative forms that need to be completed as soon as possible in order to update our records. Upon budget approval, you will be notified that your budget has been cleared and you may begin drawing down grant funds. At that time, you will receive an award packet that provides detailed instructions about grant conditions and requirements as well as draw down procedures. If you have any questions about your grant, please call your COPS grant advisor or the COPS Office Response Center at 800-421-6770. ~lY(~Joseph E ~~. Brann School-Based Partnerships Estimated Funding Memo U.S. Department of Justice, Office of Community Oriented Policing Services Jurisdiction: Ukiah, CRy'of ORI: CA02303 Crime Problem: Loitering on School Grounds That Relates to a Specific Crime or Student Safety Problem Based on the initial review of your application, the estimated amount of your allowed costs are listed below. These amounts are estimated and therefore may change during the budget review process. ESTIMATED ALLOWABLE AWARD AMOUNTS BY COST CATEGORY: Personnel/Fringe: $ 18,531 Supplies: $ 25,924 Travel: $ 7,135 Consultant/Contracts: $ 21,500 Equipment: $ 41,500 Other Costs: $ 0 Total Estimated $114,590.00 ITEMS DISALLOWED BY COST CATEGORY: Disallowed Personnel: Disallowed Equipment: Disallowed Supplies: Disallowed Consultant/Contracts: Disallowed Travel: Other Disallowed: Total Disallowed Costs: $ 0.00 PdmaryApplica,fs Name: Ukiah Police Department ORI #: CA0230300 ~te: CA OMB approval 1103-0019 Expiratiot3. 3/20001 Budget Detail Worksheet & Personnd List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project. Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. Name/Position Computation Cost Part-time School Coordinator (Teacher's Aid)(3hrs per day) 540hfs x $9.10 $4,914 "Partners" Student Group (Survey/Data Collection) 4 x 3hfs x 100dys (4 Students)x(3hrs per day) x $6.00 $7,200 Stipend Student Coordinator (260hrs x $15.00) $3,900 Total: $16,014 Linkto Problem Solving: The School Coordinator will work on-site for coordinatic of all aspects of the problem solving project. They will ensure adequate access to students and teachers for data collection efforts, and will also evaluate proposed responses and serve as a point of contact for all phases of the project. The 4 students will serve on the Problem Task Force / Advisory Group, and distrubute, and collect survey information, encourage response, and interview consenting victims and offenders. The student coordinator will provide assistance to the student group, who will earn Work Experience Credit during their assignmentil assis managing student time, and act as a resource for the stude supervising their activities on a daily basis. t nts Budget Detail Worksheet - Yeu must return this page as part of your application 55 Primary Applicant's Name: ORI#: CA0230300 IBciah Police Denartment ~te: CA B. Fringe Ben Fringe benefits should be based on known actual costs or an established formula. Fringe benefits are for the personnel listed in budget category (A) and only for the percentage of time devoted to the project. Uniforms, equipment and vehicles are unallowable costs under this grant program. Name/Position Computation Cost School Coordinator FICA (0.62) Medicare (.0145) SSI (.OOO5) Workers Comp. (,0205) Total (.0975) Student Group FiCA/MediCare (.0765) Unemployment ( .0350 ) Workers Comp. (.0721) Total (.1836) Student Coordinator FiCA/MediCare (.0765) Unemployment (.0350) Workers Comp. (.0721) Total (.1836) $479.12 $479.12 $1321.92 $1321.92 $ 716.04 $ 716.04 Total: 56 Budget Detail Worksheet - You must return this page as part of your application ORI #: O0 State: C~ Trav ! Itemize travel expenses of project personnel by purpose (e.g., staff to training, field interviews, advisory group meetings). Show the basis of computation (e.g., six people to 3-day training at SX airfare, SX lodging, SX subsistence). In training projects, travel and meals for trainees should be listed separately. Show the num- ber of trainees and the unit costs involved. Identify the location of travel, if known. Purpose of Travel Location Item Computation Cost COPS Conference TBA CPTED Training TBA (4attendees) Transportation Costs and Police Department Airfare 3x $ 500 $1,500 Lodging 3x $ 79 / Nx3 N $ 711 Food/Sub 3x $45/Dx4D $ 540 Airfare 4x $500 $2,000 Lodging 4x $79/Nx3N $1,264 Food/Sub.4x $45/Dx4D $ 720 to Comparison School $ 400 for Students Total: $ 7,13 5.0 0 Link to Problem Solving (for expenses other than COPS conference): Four project staff (Problem Solving Task Force/Advisory Group) will attend CPTED training at the beginning of the project: the "School Partnership Sworn Officer"with primar' responsibility for the project, the Pomolita Teacher Coordi the Nuestra Casa Student "Partner" representative, and Project Supervisor. Attending the CPTED training will enab the project staff to conduct environmental surveys of the entire school campus and adjacent blocks; identify enviornmental factors, such as seclusion or crowding, that facilitate the loitering and related crime activity probler and determine which - if any- enviornmental changes may he] reduce the problems at the Pomolita Campus. On occasion, students will travel both to the comparison school and the police department to collect information and meet with personnel working on the project. nator, may .p Budget Detail Worksheet - You must return this page as part of your application 57 Primary Applicant's Name: Ukiah ORI#: CA0230300 Police Department S~: CA 58 D. Equipment List nonexpendable items that are to be purchased. Nonexpendable equipment is tangible property having a useful life of more than two years and an acquisition cost of $5,000 or more per unit. Expendable items should be included either in the "Supplies" category or in the "Other" category. Applicants should analyze the cost benefits of purchasing versus leasing equipment, especially for high-cost items and those subject to rapid technical advances. Rented or leased equipment costs should be listed in the "Contractual" category. Explain how the equipment is necessary for the success of the project. Item Computation Cost Crimeview Analysis Software $38,000/unit $38,000 Crimeview Workstation $ 3,499.95 $ 3,499.95 Total: $ 41,499.95 Link to Problem Solving: The Crimeview Analysis Software will be used a number of ways: 1) Crime data from the last 3 years will be entered into the system for crimes that have occurred on the Pomolita School campus grounds to see what patterns can be identified, 2)Project participates, (Problem Task Force/Advisory Group members will be given access to the mapping program to develop their own database on Crime and Student safety concerns related to loitering, as well as information collected during the student surveys and victim/offender interviews. This data will be mapped at the lowest possible level, so that distictions can be made between assaults and other crimes occurring outside of buildings, inside buildings, or locations on the outsid~ campus. 3) In addition, information supplied from database of Youth Project and the Pomolita School will be added to the system for analysis. No data provided to parties outsi Law Enforcement will disclose sensitive information. Budget Detail Worksheet - You must return this page as part of your application Primary Applicant's Name: Uk±ah ORI #: CAO 2 3 0 3 0'0 Police Department ~: CA List items by type (office supplies; postage; training materials; copying paper; and expendable equipment items costing less than $5,000, such as books, hand- held tape recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during the course of the project. Supply Items Computation Cost 5-Pentium 233MHZ or above.Laptops $2,555 $12,775 5-Modems 56K $ 230 1,150 2-Color Laserjet Printers $4,550 9,100 1-Color Scanner $ 899 899 Paper, printer cartridges, survey supplies, project supplies $2,000 2,000 Total: Link to Problem Solvin~ Each primary member of the Problem Task Force/Advisory Group will be issued a laptop computer and modem. Member: will use these computers to imput and analyze data within the crime analysis software applications. The "Partners" students will be issued two laptop computers to obtain and imput information from the field. In addition, one color printer will be located at Pomolita School and the other located at the Police Department for use with the mapping and crime analysis applications. The color scanner will be used to obtain and down load building floorplans and survey information into the crime analysis applications for further analysis. Office supplies, surve supplies, will be used to further the phases of the project, and complete progress reports. Budget Detail Worksheet - You must return this page as part ef your application 59 I I Pdma~ Applim~s Name: Ukiah Police Department 0RI#: CA0230300 Sta~: CA F. Consuflan Consultant Fees: For each consultant enter the name (if known) service to be pro- vided, hourly or daily fee (8-hour day), and estimated time on the project. Consultant fees in excess of $250 per day require additional written justifica- tion. Name of Consultant Service Provided Computation Cost Mendocino County Youth Project (MCYP) Problem Solving Training / Assistance Technical Assistance Resource Assistance Interview/Survey Assistance .25FTE Case Worker 12Month Period_ $14,000 Subtotal: $ $14,000 Link to Problem Solving: MCYP Worker assigned to assist with this project will act as a consultant and trainer for the group, bringing the resources and programs the MCYP offers to assist in daily student supervision, overall innovative problem solving solutions, and daily interview and survey assist with 7th and 8th grade student populations. MCYP offers low cost training and counseling services that will be available through the case worker's time experience and past training. MCYP will additionally provide resource training assistance, technical assistance in problem solving methods, and interview/ survey training assistance on a daily basis to the other problem task force/advisory group members. race 6O Budget Detail Worksheet - You must return this page as part of your application Primary Applicant's Name: Ukiah Police Department 0RI#: CA0230300 $tate: CA Consultant Expenses: List all expenses to be paid from the grant to the individual consultants in addition to their fees (e.g., travel, meals, lodging). Item Location Computation Cost N/A Subtotal: $ Contracts: Provide a description of the product or service to be procured by con- tract and an estimate of the cost. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole-source contracts in excess of $100,000. Item Cost Mendocino College - Project Evaluation Costs Subtotal: $ 7,5 O0 Link to Problem Solving: The Mendocino College, Administration of Justice Departm~ will evaluate the impact of the responses implemented during the project. The College will have qualitative ant quantitative baseline~.and post-response data on the measures of effectiveness identified in this application Based on their findings, they will develop a briefing paper for the Ukiah Police Department to distribute and publish one article on this problem-solving project. All Consultants/Contracts Total: $ 21,5 0 0 Budget Detail Worksheet - You must return this page as part of your application 61 Pdma Applim s Ukiah Police Department ORI #: CAO 3 0 0 State: CA List items. Description Computation Cost Link to Problem Solvin~ Total: $ 62 Budget Detail Worksheet - You must return this page as part of your application Pdmar/Appiimfl~s Name: T_Tk~ ah Pm] { o_m Denartment & ORI#: ~A02~0~00 Sate: CA When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total project costs. Indicate the amount of Federal funds requested. Budget Category Amount A. Personnel B. Fringe Benefits C. Travel D. Equipment E. Supplies F. Consultants/Contracts G. Other Total Project Costs $16,014.00 2,5,6-~. 08 $ 7,135.00 $ 41,499.95 $ 25,924.00 $ 21,500.00 0.00 $1i4 r4-3~. 03 Budget Detail Worksheet - You must return this page as part of your application 63 I,LI - ._~ = o~ ~~~~~ . c~o~=< ~xxx x x x x x x x 88888 8888° 888 OOOo o8 0 0 0 0 .~0 .000 . . 0 ~ ~ 000 ~ O00 O0000000 ~0 ~,~ ~ ~ ~000 ~ 0000000000000000 ~ O, OiO 0000000 0 O00000 O00000000000 O000 O000 ooo oooo oooo, 8 o, ooooo:oooo ~d~ddd~;d;f~; ;;~d~~~f~f~ ~ ~ o ~ 0 ~ 0 o ~ ~'~ ~ o o o ~ o 00:o:o 00 o o o o ~ ~ ~ ~ ~ ~ ~ o ~ ~ ~ ~ o 0 ~ ~ 0 oi~ 00 o o o o o ~ 00 0 : ~ 000 O00000 ~0~ 0000 ~ddd ~00 0~ ITEM NO. 5e MEETING DATE: November 18, 1997 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID OF CONTRACT TO, HARPER FORD COUNTRY FOR THE PURCHASE OF AN AUTOMOBILE IN AN AMOUNT NOT TO EXCEED $11,685.44. In compliance with the City of Ukiah Purchasing Policy this report is being submitted to the City Council for the purpose of awarding a bid for the acquisition of a budgeted vehicle costing more than $10,000. This vehicle will be used in the course of investigations by the Police Department Detective Bureau. A request for quotation was made with eighteen vendors. Six of the vendors responded by submitting proposals. The proposals that were submitted were evaluated by Police Department Staff. (Details of proposals are attached). Based on the evaluation process and the recommendations of staff the vendor chosen for the purchase is Harper Ford Country. Harper Ford Country is the lowest bidder and has offered a 1996 Ford Taurus GL 4-Door Sedan with 31,441 miles and a 12 month/12,000 mile power train warranty at a cost of $11,685.44. The FY 98~99 budget contains the funds previously budgeted for this purchase. RECOMMENDED ACTION: Award of Bid to Harper Ford Country for the purchase of a 1996 Ford, Taurus in the amount of $11,685.44. ALTERNATIVE COUNCIL POLICY OPTION: 1. Reject proposal. 2. Reject all bids and direct staff to reissue the RFP. Acct. No. #698.2001.800.000 Citizen Advised: N/A Prepared by: Wayne R. McBride, Captain Coordinated with: Candace Horsley, City Manager Attachments: Request for Quotation and bid proposals. Candace Horsley, City M~ager TO: AVIS SALE OFFICE BARFS MOTOR CIIY BIDDULPH CHEV. CAR COMPANY HENRY CURTIS DOWNTOWN FORD SALES ESPOSTI FORD HANSEL FORD HARPER FORD COUNTRY HERTZ OFFICE/BIG 4 RENTS KEN FOWLER MOTORS CITY of UKIAH 300 Seminary Avenue Uldah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WiLL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER MENDO LAKE HONDA ROD NIESEN MOTOR SALES NILES NISSAN W.C. SANDERSON FORD THURSTON CHEV. UKIAH FORD ~ u I(l~, ~1 i~o~l::" VOGEL'S USED CARS REQ. NO. E 18436 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. November 5, 1998 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila QUOTATIONS ARE REQUESTED FOR THE FOLLOWING HEMS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. QUANTITY DESCRIPTION UNFI' PRICE TOTAL 1 Used 1994 or Newer Ford Taurus GL 4 Door Sedan as per attached Cost: City of Ukiah specifications. Sales Tax: Grand Total: i If you have questions regarding the specifications, please contact: Mickey DeWaal at 707-467-2807. ., , TERMS: DEL. TO: DEL. DATE: BIDDER: BY: TITLE: Phone: Fax: DATE/BID: TERMS: 1. Right is reserved to reject any and all bids. 2. Right Is reserved to accept separate items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the odglnal bidder liable for any Increased costs. 4. Ail substitutJons shall show manuMcturer"s name, catalog number and comparable specs. 5. The prtce, terms, delivery point, and delivery date may individually or collec~ely be {he basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Ukiah, within 30 days constitutes a contract., CITY OF UKIAH AUTOMOTIVE EQUIPME~ SPECIFICATIONS FOR ONE USED 1994, OR NEWER FORD TAURUS GL 4 DOOR SEDAN October 1998 The City of Ukiah invites proposals for furnishing one (1) used 1994, or newer Ford Taurus GL 4 Door Sedan. The following specifications shall be considered minimum. Bidders who feel they can supply a comparable unit that does not fully meet the detailed specifications are encouraged to submit proposals. All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. GENERAL SPECIFICATIONS Year Model: Production date -1994 or newer Mileage: 35,000 to 40,000 miles Engine: One-year warranty Engine V6 3.8L Gasoline Type: 6 cylinder Transmission: Automatic Brakes: Power-disc, front- power drum, rear Steering: Power Smog: All smog devices must be in placed in working order. A copy of a valid California Smog Certificate for the Vehicle offered must be attached to the bid. Accessories: Power Door Locks, Power windows, Air Conditioning, and AM/FM Radio. INSTRUCTIONS TO BIDDERS Al B. Gl Bi Ee F1 Gl H. Only proposals from licensed auto dealers (new or used) will be considered. Price range for this unit is not to exceed $15,000.00 including all applicable taxes, registration, ownership documents, smog certificate, and transportation changes for delivery to the City of Ukiah Police Department at 300 Seminary Avenue, Ukiah. Each bidder shall attach to his bid a complete, detailed description of the unit he proposes to furnish. All equipment catalogued as standard shall be furnished and included in purchase price of the unit. The vehicle furnished under these specifications is to carry the standard warranty offered to the general public. A complete detailed description of the standard warranty shall be provided with the bid. The City Police Equipment personnel for acceptance, will inspect vehicles offered in proposals. In making its selection, the City will consider all factors relating to the vehicle including operating performance, condition, operator comfort and safety, service and parts availability as well as cost. The vehicle is fully equipped and ready for service. Lights, mirrors, brakes and other components shall meet or exceed the current requirements of the I.C.C., P.U.C., D.O.T., California Vehicle Code, Cai/OSHA and State and Federal Emission Control Standards. The City reserves the right to reject any or all proposals and to determine which proposal, in its opinion, will best serve the needs and requirements of the City. ee ee CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 10/19/98 REQ. NO. E 18436 TO: HARPER FORD COUNTRY 4800 Hwy 101, North Eureka, CA 95501 Attn: Kurt Medeiros BIDS WILL BE RECEIVED UNTIL 2:00 p.m. November 5, 1998 AT THE OFFICE OF THE CITY 300 SEMINARY AVE. ~ of UILLAH BY: Marie Ulvila QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: QUANTITY ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. DESCRIPHON Used 1994 or Newer Ford Taurus GL 4 Door Sedan as per attached City of Ukiah specifications. 1996 Ford Taurus GL 4~Door Sedan Low Mileage 31,441 with 12month/12,000 warranty. If you have questions regarding the specifications, please contact: Mickey DeWaal at 707-467-2807. ii powertra uhTr ?RICE TOTAL Cost: $10,889.97 Sales Tax: S ? -q s 47 Grand Total: 11,685.44 ~ HARPER FORD COUNTRY 4800 Hwy. 101 N.  , EUREKA, CA g5501 Expedition · Ranger ~, Windstar · F-Series - Explorer ~ Econoline Van - Club Wagon KURT MEDEIROS Bus. Phone (707) 443-7311 Commercial Account Manager FAX (707) 443-3839 Email harper@northcoast.com 1-800-524-8608 Visit us on the Internet! harpermotors.com TERMS: Net 30 or as agreed DEL. TO: 300 Seminary Ave, Ukiah DEL. DATE~ithin 7 days of acce BIDDER: Harper Ford Country , I?ITLE: Fle et / Co m~er c ~'a i Manage JPhone:4 4 3 - 7 3 11 Fax:4 4 3 - 3 8 3 9 IDAt,V~ID: I X [ 3 / 9 8 E X 8 4 3 6 1. Right Is reserved to reject any and all bids. 2. Right Is reserved to accept separate Items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other t a n c e sources and hold the original bidder liable for any Increased costs. 4. All subsUtutlons shall show manufacturer's name, catalog number and comparable specs. 5. The price, terms, delivery point, and delivery date may Individually or colleclively be the basis of the awarding of the bid. 8. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST' be prominently displayed on submltling envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quomUons by the City of Uklah, within 30 days constitutes a contract. CITY OF UKIAH AUTOMOTIVE EQUIPMENT SPECIFICATIONS FOR ONE USED 1994, OR NEWER FORD TAURUS GL 4 DOOR SEDAN October 1998 The City of Ukiah invites proposals for furnishing one (1) used 1 994, or newer Ford Taurus GL 4 Door Sedan. The following specifications shall be considered minimum. Bidders who feel they can supply a comparable unit that does not fully meet the detailed specifications are encouraged to submit proposals. All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. GENERAL SPECIFICATIONS Year Model: Production date-1994 or newer 1996 Mileage: 35,000 to 40,000 miles 31,441 miles Engine: One-year warranty 1year Powertrain Engine V6 3.8L transmission and Gasoline Type: 6 cylinder 3.0 v-6 warranty:Engine, drive line. Transmission: Brakes: Steering: Automatic Automatic Power-disc, front - power drum, rear"4 wheel Power Included disc w/AB$ Smog: All smog devices must be in placed in working order. A copy of a valid California Smog Certificate for the Vehicle offered must be attached to the bid. Accessories: Power Door Locks, Power windows, Air Conditioning, and AM/FM Radio. I n c 1 u d e d 6 passenger center seating console, cruise control/tilt wheel, AM/FM/Cassette, split folding rear seats, driver and passenger air bags, adjustable safetybelts Exterior-$&lver Interior-Gr~y INSTRUCTIONS TO BIDDERS A. Be Ce Bi E. F. Go He Only proposals from licensed auto dealers (new or used) will be considered. Price range for this unit is not to exceed $15,000.00 including all applicable taxes, registration, ownership documents, smog certificate, and transportation changes for delivery to the City of Ukiah Police Department at 300 Seminary Avenue, Ukiah. Each bidder shall attach to his bid a complete, detailed description of the unit he proposes to furnish. All equipment catalogued as standard shall be furnished and included in purchase price of the unit. The vehicle furnished under these specifications is to carry the standard warranty offered to the general public. A complete detailed description of the standard warranty shall be provided with the bid. The City Police Equipment personnel for acceptance, will inspect vehicles offered in proposals. In making its selection, the City will consider all factors relating to the vehicle including operating performance, condition, operator comfort and safety, service and parts availability as well as cost. The vehicle is fully equipped and ready for service. Lights, mirrors, brakes and other components shall meet or exceed the current requirements of the I.C.C., P.U.C., D.O.T., California Vehicle Code, Cai/OSHA and State and Federal Emission Control Standards. The City reserves the right to reject any or all proposals and to determine which proposal, in its opinion, will best serve the needs and requirements of the City. 6-2-95 1996 TAURUS MAJOR STANDARD EQUIPMENT 4-Door Wagon INTERIOR (Continued) GL LX SIlO GL LX SEATS -- Six-passenger seating with dual recliners, armrests -- front and rear (except wagon), front seat map pockets, two-way headrests, and center seating console · o Five-passenger seating with dual recliners w armrests front and rear, front seat map pockets, 4-way headrests, and floor console Leather sport bucket seats with unique sew style, front seat map pockets, and 4-way headrests, and floor console or' 60/40 split fold rear seat back ..... SEAT BELTS m Manual lap/shoulder belts with adjustable D ring on oulside front ~o~tions. (Sedan rear center and all center front seat lap belt only) (Includes automatic feature for child seats on outboard sealJ~ positions) STEERING COLUMN m Tilt STEERING WHEEL -- Leather wrapped 4-spoke with center horn engagement °v' Color-keyed 4-spoke soft feel with center horn engagement STOWAGE ~ Hidden Iockable under floor and non-lockable right quarter o o SUNVlSORS ~ Cloth-covered with covered vanity mirrors ° , Driver/passenc,,ler illuminated mirrors and secondary visors ,v' · ,v' FUNCTIONAL AIR CONDITIONING -- Manual temperature con~'ol CFC Free AIR DUCTS ~ Rear seat air condil~oning outlet (only available with 5-passenger seating and fixed console) ° v' · · v' AIR EXTRACTORS m Quarter panel for improved ventilation and door closing efforts AIR FILTER -- (MicronAir) ALTERNATOR -- 13o amp ANTENNA ~ Fixed whip quarter panel mounted ° o Power automatic quarter panel mounted °v' · ANTI-THEFT -- Non drive away (coded key) or" · .v' BATTERY ~ Low maintenance 58 amp o o Low maintenance 72 amp ,v' ° °v' BATTERY SAVER ~ Turns off interior lights after 45 minutes · · · ° o BRAKES m Power assisted front disc/rear drum · Four-wheel disc or' · Four-wheel disc/anti-lock brake system (ABS) °v' CARGO NET °v, CHIME -- Safety belt reminder, headlamp on, door open/key in ignition DECKLID/LIFTGATE RELEASE DEFROSTER/DEFOGGER, REAR WINDOW DUAL EXHAUST WITH BRIGHT TIPS ~ (Unique styled oval on SHO) or' ° ELECTRONIC ENGINE CONTROLS -- EEC-V FRONT WHEEL DRIVE FUEL TANK- 16 gallons (includes tethered quick release gas cap) Extended range (18 gallons only with FFV) o Fuel shutoff switch (deactivates fuel pump upon rear impact) GLASS -- Solar-tinted complete HEAT- Rear seat outlets HOOD -- Gas assist and remote release HORN, DUAL NOTE INSTRUMENTATION- Temperature and fuel gauges, electric 120 mph speedometer (150 mph on SHO), Iow brake fluid alert light, trip odometer, 1 million mile odometer and tachometer o o o · , LOCKS ~ Child safety on rear doors Unique wagon liftgate latch, night latch, and exterior release handle~ o o LOCKS, POWER DOOR- Illuminated controls with central locking (includes lock disabling to prevent accidental locking of keys inside) °v' · or' PARKING BRAKE- Foot operated SEALS -- Full perimeter dual with third seal on door frame SEATS, POWER ~ Driver six-way with power driver/passenger lumbar or' ° or' SHIFTER -- Column with soft feel handle · Leather wrapped floor with redundant PRNDL in cluster ,v' · or' SPLASH SHIELDS m Front and rear fender/quarter protection STEERING ~ Power, rack and pinion with variable assist · Power rack and pinion ZF with variable assist .v' v' Unique equipment compared with column to immediate left. - 2 - Ford Division 6-2-95 1996 TAURUS MAJOR STANDARD EQUIPMENT 4-Door Wagon LX SHO GL LX FUNCTIONAL (Continued) GL SUSPENSION m Independent MacPherson front with nitrogen gas-pressurized struts and front stabilizer bar o Independent rear quadralink with nitrogen gas-pressurized struts and rear stabilizer bar ° . . Independent rear short- and long-arm-type (rear) with nitrogen gas p~essurized shock absorbers and progressive rate springs and rear stabilizer bar · , Semi-active handling suspension ,v' TIE DOWNS -- Decklid provision in latch , , . Load floor o , TIRES -- P205/65R 15 all-season , · · · P225/55 VR16 all-season Iow profile sport handling ·v' Mini-spare TRANSAXLE- Electronic 4-speed automatic overdrive, with switch on shifter · · · · · Overdrive lockout ° v' · · v' Auxiliary transaxle oil cooler ° · · · , WINDSHIELD WIPERS -- 2 speed with variable intermittent Aerodynamic autobahn windshield wipers ·v' WINDOWS, ILLUMINATED POWER SIDE- Includes lock-out switch, express-down driver's window, and accessory delay/ 1 v' Unique equipment compared with column to immediate left. -3- Ford Divi~ir, n SMOG CHECK VEHI CLE INSPECTION REPORT PUBLIC AWARENESS STATEMENT SMOG CHECK IS MAKING A DIFFERENCE - AND YOU ARE HELPING. EMISSIONS HAVE BEEN REDUCED BY MORE THAN 50 PERCENT ON VEHICLES FAILING A SMOG CHECK INSPECTION. KEEP YOUR VE~tCLE TUNED UP AND IN GOOD RUNNING CONDITION BETWEEN SMOG CHECKS A~gD USE PUBLIC TRANSIT WHENEVER YOU CAN. WORKING TOGETHER, WE CAN CONTINUE TO IMPROVE OUR AIR QUALITY. OVERALL TEST RESULT: PASSED CERTIFICATE OF COMPLIANCE ISSUED ~DD698741 Initial Smog Check Performed on: OCT 12, 1998 at 03:26 PM CON@RATULATiONS ! Your vehicle has passed the California Smog Check Inspection. EMISSION CONTROL SYSTEM UNDERHOOD INSPECTION RESULTS PCV s~st em Fuel vaporat ive Controls Catalyst Exhaust Gas Recirculation Ignition Spark Controls Fuel Injection 02 Sensor and Connectors Wiring of Other Sensors/Switches/Computer Vacuum Line Connections to Sensors/Switches Other Emissions Related Components PASS PASS PASS PASS PASS PASS PASS PASS PASS PASS MANUAL FUNCTIONAL CHECK RESULTS Fuel Fillpipe Lead Restrictor Exhaust Gas Recirculation System Emission Control Check Engine or System Malfunction Light/Indicator PASS PASS PASS EMISSION TEST RESULTS 2500 RPM HC PPM CO % C02 02 RPM MAXIMUM ALLOWABLE EMISSIONS 0130 1.00 AVERAGE EMISSIONS MEASURED 0012 0001 00.10 0.00 14.9 0.0 *02 OUT OF CAL 2679 RESULT PASS PASS IDLE RPM HC PPM CO % C02 02 RPM MAXIMUM ALLOWABLE EMISSIONS 0100 1.00 AVERAGE EMISSIONS MEASURED 0017' 0000 00.00 0.01 14.9 0.0 *02 OUT OF CAL 0897 RESULT PASS PASS VEHICLE IDENTIFICATION INFORMATION License Plate Number License Issuin~ State Vehicle ID Num er (VIN) Vehicle Ty~e Vehicle Ma e Vehicle Model Vehicle Model Year Number of C~linders Vehicle Engine Size Transmission T~pe Certification ;ype Odometer Reading Test Type Vehicle Fuel T Type of Exhaus~pe Inspection Reason DMV ID 3SKH564 CALIFORNIA 1FALP52U3TG277071 PASSENGER CAR FORD TAURUS 96 6 3.0L AUTOMATIC CALIFORNIA 31360 INITIAL INSPECTION GASOLINE SINGLE CHANGE OF OWNERSHIP 7939D604D201 The true ter reading is 31360. I certify, to ~ under e i California that of erju~ under penalty he m~leage i and accurate. ST INFORMATION HARPER MOTORS 4800 HWY 101 EUREKA, CA 95501-0000 Stat ion Telephone Station Number Mechanic' s Qualification Mechanic' s Name: Software Version ~hicle describ~ above~a ance ith al~/~Surea'u ~'e~ information listeq~/o~n th/is/~Om~ is true and corr~ / //" ..... //// ults communicated YOUR ELECTRONIC CERTIF CA ILL AUTOMATICALLY BE RETAIN THIS COPY FOR USE 707-443-7311 CA00i724 Number: EB005328 / COLE LARRY EUGENE / 9611 The ,~ been inspected in accordance with q-~irem~nts and the icle ~nspection report TRANSMITTED TO THE DMV. ON RETEST OR AS A RECEIPT FOR DMV ./'~ DO NOT MA I L TH I S FO RM TO DM V TO: ESPOSTI FORD P.O. Box 710 Geyersville, CA 95441 CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 10/19/98 REQ. NO. E 18436 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. November 5, 199s AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila 0UOTATION~ QUANTITY _ ARE REQUESTED FOR THE FOLLOWING ITEMS: · .. DESCRIPTION ............ ALL QUOTATIONS SHALL Bl~ UNIT PRICE Used 1994 or Newer Ford Taurus GL 4 Door Sedan as per attached City of Ukiah specifications. If you have questions regarding the specifications, please contact: Mickey DeWaal at 707-467-2807. NOV lgg8 CITY, S DEPARTMENT Cost: Sales Tax: Grand Total: F.O.B. UKIAH, CA. TOIAL oo 7. 'z / / 3 / '7 z. 3'. '7 / TERMS: DEL. TO: DEL. DATE: BIDDER: TITLE: Phone: Fax: DATE/BID: TERMS: 1. Right is reserved to reject any and all bids. 2. Right is reserved to accept separate items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any increased costs. 4. All substitutions shall show manufacturer's name, catalog number and comparable specs. .5. The price, terms, delivery point, and delivery date may individually or collectively be the basis o! the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City ot' Uklah, within 30 days constitutes a contract. Nov 3, 1998 Suggested Retail Kelley Blue Book Nov-Dec 1998 1997 Ford Taurus GL Sedan 4D ...................... $14,200 VIN: 1FALP52U4VG289653 V6 3.0 Liter .......................... Included Automatic Trans ....................... Included *** Equipment *** Front Wheel Drive ............. Included Air Conditioning .............. Included Power Steering ................ Included Power Windows ................. Included Power Door Locks .............. Included Tilt Wheel .................... Included Cruise Control ................ Included AM/FM Stereo .................. Included Cassette ...................... Included Dual Air Bags ................. Included ABS (4-wheel) ................. 265 Power Seat .................... 135 Alloy Wheels .................. 200 Retail value without mileage .......... $14,800 Mileage adjustment (20,000 miles) ..... 475 *** Total Suggested Retail value .................. $15,275 Esposti Ford KARPOWER values for Californl& Values are sub~ectlve opinions. Kelley Blue Book assumes no responsibility for errors or omissions (C) Copyright Kelley Blue Book 1998, all rights reserved TO: UKIAH FORD 1170 South State Street Ukiah, CA 95482 Atttn: Bill Luczo CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 10/19/98 . REQ. NO. E 18436 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. November 5, 1998 AT THE OFFICE OF THE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: II QUANTITY I DESCRIPTION 1 Used 1994 or Newer Ford Taurus GL 4 Door Sedan as per attached ICity of Ukiah specifications. If you have questions regarding the specifications, please contact: Mickey DeWaal at 707-467-2807. TE~IS: TERMS: 1. Right is reserved to reject any and all bids. ALL QUOTATIONS SHALL BE F.O.B. UKIAH, CA. t UNrI' PRICE TOTAL Cost: t Sales Tax: Grand Total: ,, DEL. TO: DEL. DATE: BIDDER: TITLE: ~ DATE/BID: 2. Right Is reserved to accept separate items unless specil~ 3. In CASE OF DEFAULT, the City of Uldah may procure tt sources and hold the original bidder liable for any Increa 4. All substitutions shall show manufacturer's name, catal( 5. The price, terms, delivery point, and delivery date may II basis of the awarding of the bid. 6. ALL QUOTATIONS MUST BE SIGNED. OPENING DA' prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the ac( by the City of Ukiah, within 30 days constitutes a contr~ JOHN LANZIT Sales Consultant Ukiah Ford_l in(.oln_Mercuw I 170 Soulh SI.He Ukiah, CA 95482 (707) 468-0091 - Office (800) 718-3673 - Toll Free (707) 462-7430. Home Sales Consultant Member TO: CITY of UKIAH 3130 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER KEN FOWLER MOTORS 2150 North State Street Ukiah, CA 95482 .... o. ,=,,o~d Fax: 468-5930 DATE: 10/19/98 .REQ. NO. E18436 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. November 5, 1998 AT TILE OFFICE OF THE CITY CLERK 300 SEM/NARY AVE. crrY of UKIAIt BY: Made Ulvila QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: ALI_ QUOTATIONS SHAI TERMS: ,,QUALITY DESCR~TION UN~ PRICE I TOTAL 1 Used i994 or Newer Ford Ta~s GL 4 Door Sed~ as per attached Cost: ,City of Uh~ sp~ifications. S~es T~: / ~~ /~6 ~e( r~/~,e~ ~~ ~~~/~~ Grand Total: /~/~qo ff you have questions reg~ding ~e specifications, plebe contact: Mickey DeWafl at 707-467-2807. NO / 5 , ~ ~ OF UKIAH - ~1~ CLE ~K'SDEPARTMENT DEL. TO: DEL. DATE: BIDDER: BY: TITLE: Phone: Fax: DATE/BID: , 1. Right is reserved to rejec 2. Right is reserved to acce 3. In CASE OF DEFAULT, sources and hold the orig 4. All substitutions shall she PONTIAC · C A D I L L A C * GMr' BUICK. BUBARU 5. The pdce, terms, delivery ' 2150 North State St. basis of the awarding of I Ukiah, CA 95482 Jcrry B. ALL QUOTATIONS MU$ (707) 468-0101 Sales Representative , Fax (707) 468-5930 Toll Free 800-287-0107 prominently display¢.d on 7. In submitting the above, the veneer agrees that the acceptance o! any or all quotations I by the City of Ukiah, within 30 days constitutes a contract. Ken Fowler Auto Center 1995 Pontiac Grand Prix SE Sedan 4D Vin# 1G2WJS2M7SF284039 White V6 3.1 Liter Automatic Trans. 19,100 Miles Front Wheel Drive Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Dual Air Bags ABS (4-Wheel) Alloy Wheels Blue Book Suggested Retail $13,020 Dealer's Selling Price $11,995 Sep-Oct 1998 Kelley Blue Book KARPOWER values for California Values are subjective opinions. Kelley Blue Book assumes no responsibility for errors or omissions (C) Copyright Kelley Blue Book 1998, all rights reserved I<en Powl e r Au t o Cent e r 1996 Buick Century Sed. an 4i) Stock #134830 Blue V6 3.1 Liter Automatic Trans. 36,448 Miles Front Wheel Drive Custom Pkg Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Con-trol AM/PM Stereo Cassette ABS ( 4-Wheel ) Blue Book Suggested Retail $1.2,575 Dealer · s Selling $12, 350 -- · . Sep-Oct, i998 Kelley Blue Book K.ARPOIVER values for, C, alifornia Values are subjective ooinxons, .Kelley Blue Book asSumes'no resnonsib_~l_ity fpr errors or omissions (C) Copyright Kelley Blue Bbok 1998, ali rfghts reserveo Ken Fowler Auto Center Vehicle//157 1997 Pontiac Bonneville SE Sedan 4D Vin//1G2HX52K1VH269325 White V6 3.8 Liter Automatic Trans. 40,786 Miles Front Wheel Drive Air Conditioning Power Steering Power Windows Power Door Locks Tilt Wheel Cruise Control AM/FM Stereo Cassette Premium Sound Dual Air Bags ABS (4-Wheel) Power Seat Premium Wheels Blue Book Suggested Retail $17,315 Dealer's Selling Price $14, 9 95 ~' ¢ -7-~ / / £ L -- 16//Z.?- ~ Sep-Oct 1998 Kelley Blue Book KARPOWER values for California Values are subjective opinions. Kelley Blue Book assumes no responsibility for errors or omissions (C) Copyright Kelley Blue Book 1998, all rights reserved TO: CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 REQUEST FOR QUOTATION NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER BIDDULPH CHEVROLET ISUZU 2770 Corby Avenue Santa Rosa, CA 95407 I DATE: 10/19/98 .REQ. NO. E18436 BIDS WILL BE RECEIVED UNTIL 2:00 p.m. November 5, 1998 AT THE OFFICE OF 'DIE CITY CLERK 300 SEMINARY AVE. CITY of UKIAH BY: Marie Ulvila QUOTATIONS AREREQUESTEDFORTHEFOLLOWING ITEMS: ALL QUOTATIONS SHALL BE F.O.B. UKIAH CA. _QUANTITY DESCRIFI'ION UNIT PriCE TOTAL 1 Used 1994 or Newer Ford Taurus GL 4 Door Sedan as per attached Cost: City of Ukiah specifications. Sales Tax: ~A ./,, tO ,-.i. Grand Total: t u tv t.., ,,,,2, If you have questions regarding the specifications, please contact: :Mickey DeWaal at 707-467-2807. CITY OF L KIAH - ..--..._.. ri'tv ~', .-.:, ~.,q Di PARTMENT -- TERMS: DEL. TO: DEL. DATE: BIDDER: BY: TITLE: Phone: Fax: DATE/BID: TERMS: 1. Right Is reserved to reject any and all bids. 2. Right Is reserved to accept separate Items unless specifically denied by bidder. 3. In CASE OF DEFAULT, the City of Ukiah may procure the items quoted on from other sources and hold the original bidder liable for any Increased costs. 4. All substitutions shall show manufacturer's name, catalog number and comparable specs. 5. The price, terms, delivery point, and delivery date may Individually or collectively be the basis of the awarding of the bid. 5. ALL QUOTATIONS MUST BE SIGNED. OPENING DATE and TIME "MUST" be prominently displayed on submitting envelope. 7. In submitting the above, the vendor agrees that the acceptance of any or all quotations by the City of Ukiah, within 30 days constitutes a contract. CITY OF UKIAH AUTOMOTIVE EQUIPMENT SPECIFICATIONS FOR ONE USED 1994, OR NEWER FORD TAURUS GL 4 DOOR SEDAN October 1998 The City of Ukiah invites proposals for furnishing one (1) used 1994, or newer Ford Taurus GL 4 Door Sedan. The following specifications shall be considered minimum. Bidders who feel they can supply a comparable unit that does not fully meet the detailed specifications are encouraged to submit proposals. All deviations from these specifications shall be described in the bid proposal. There will be no trade-ins involved in this bid. GENERAL SPECIFICATIONS Year Model: Production date -1994 or newer Mileage: 35,000 to 40,000 miles Engine: One-year warranty Engine V6 3.8L Gasoline Type: 6 cylinder Transmission: Automatic Brakes: Power-disc, front - power drum, rear Steering: Power Smog: All smog devices must be in placed in working order. A copy of a valid California Smog Certificate for the Vehicle offered must be attached to the bid. Accessories: Power Door Locks, Power windows, Air Conditioning, and AM/FM Radio. CITY of UKIAH 300 Seminary Avenue Ukiah CA. 95482 Phone 707-463-6217 TO: HANSEL FORD 3075 Corby Avenue Santa Rosa, CA 95407 Attn: Gordon Feist NO FAX WILL BE ACCEPTED RETURN THIS FORM THIS IS NOT AN ORDER DATE: 10/19/98 REQ. NO. E18436 _ BIDS WILL BE RECEIVED UM1L 2;00 p,m. November 5, 199s kT THE OFFICE OF THE CITY CLERK i00 SEMINARY AVE. CITY of UKIAH ly: Marie Ulvila ALL QUOTATIONS SHALL BE QUOTATIONS ARE REQUESTED FOR THE FOLLOWING ITEMS: DESCRIPTIOI~~~.~~~~- QUANTITY 1 Used 1994 or Newer Ford Taurus GL 4 Door Sedan as per attached City of Ukiah specifications. If you have questions regarding the specifications, please contact: Mickey DeWaal at 707-467-2807. // UNIT PRICE Cost: Sales Tax: F.O.B. UKIAH, CA. TOTAL NOV RMS: 1. Right is reserved 2. Right is reserved 3. In CASE OF DEl sources and ¢. All substRutions 95%r)7 543-7351: Fax (707) 591-0178 956-5 5. The price, term., basis of the aw~ '. 6. ALLQUOTATI(.'~ ..... - .-.. -' .:' ' 7. In submi~n9 ~e above, ~e vendor agrees ~at ~e a~p~ of ~y or ~1 quoauo[~ by ~e Ci~ of Ukiah, wl~in 30 days ~ns~tutes a ~nffact. 14.8 02 (%): ' 0.4 EngS~ne RF-'M: 892 FUNCTIONAL TEST RESULTS **** pass check **** Fuel Fillpipe Lead Restric'bor Exhaust Ga~ Recirculation oystem Emission Control Check Engine or System Malfunction Liglnt/Indicator GENERAL 'INFORMATION **%* test information **** T~st date: 03/0~_,/98 Test Test start time: 7:18 AM Reason for test: Change of ownership tvoe: Initial 7 . vehicle information License number: 3ViW361 Vehicle make: MERCURY Vehicle type: Passenger car Transmission type: Automatic Odometer reading: 014398 Exhaust type: Single Vehicle certification type: Issuing state: California VIN: 1MELM50U4VG642039 Model year: 97 Vehicle model: SABLE Fuel type: Gasoline Number of cylinders: 06 Engine size: 3. 0 Liters Cal i lorn i a / DMV iD: 3197K008C2i9 /'/ // Fhe true and correct odomete//eading is 014398. I certify, to the best of ~~owledge, ur, der penalty of per3ury under ~e laws/~ the State of California that tree mileage i'nfor~ion ~-e in is true and accur-a'b~ . ecF~nlclao- s signat,~re stat ion information HANSEL. F'ORD -'" '"'1 -" ~'-' -- .- '"' ;~ ' ' R~¥ SAI',.I TA ROSA ( 707 ) 54 2- C A ;:) 5.401 Technician qualification numbe'r: EBli145;3 S-k ~ation number: RA002910 S~-,'F'bwa'r".e ve'rsion 'number: 9L~ll . The vehicle described above has been inspected zr/C/?acc ~ith all bureau 'requirements and the information~i.~_~¢~ on this vehicle .... ~.. . Technician' s signature SMOG CHECK VEHI CLE INSPECTION REPORT PUBLIC AWARENESS STATEMENT OVERALL TEST RESULT RESULTS OF YO~JFi ZNS?ECTiON UNDERHOOD iNSPECTION RESULTS EMISSION TEST RESULTS ";" 0 L1R V i:'Z.'-i i C L F-' :' cd .":,~'- ~',"1]. ~'- c'-._~._, :[ 0 N R E FI I") ]. Iq E; 1 0~ 00 'l 4. "9 26]5 R E ~'-:; L I L , t,. r..i-. i:'AS S E: ITEM NO. 5 f DATE: November 18, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR HIGH VOLTAGE LINE CLEARING AND TREE TRIMMING AT VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH TO FAMILY TREE SERVICE IN AN AMOUNT NOT TO EXCEED $30,000. Included in the 1998/99 Budget, Account No. 800.3728.250.000 is $30,000 for tree trimming. Bid packages were sent to eight tree trimming contractors. One bid was received and opened by the City Clerk on October 19, 1998 at 2:00 p.m. Family Tree Service submitted a bid based on an hourly rate of $110.00 for a three person crew. Family Tree has provided all required documentation to verify high voltage line clearing experience as required in the bid package. The appropriate insurance has been provided. Therefore, staff recommends that the bid be awarded to Family Tree Service in an amount not to exceed $30,000. RECOMMENDED ACTION: Award bid for high voltage line cleating and tree trimming at various locations within the City of Ukiah to Family Tree Service in an amount not to exceed $30,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids. Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Candace Horsley, City l~anager o o o 0 I-- Z I.U ITEM NO. DATE: NOVEMBER 18, 1998 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR SUPER DUTY 4 x 2 DUAL REAR WHEEL CAB AND CHASSIS WITH UTILITY BODY TO HARPER FORD COUNTRY IN THE AMOUNT OF $29,551.13. SUMMARY: Quotations were requested for delivery of one (1) new 1998 or 1999 Super Duty 4 x 2 dual rear wheel cab and chassis with utility body. Quotations were received from five vendors and opened by the City Clerk on November 5, 1998. Some vendors included quotations for a choice of options. The quotations were reviewed by fire department staff for accuracy and compliance with specifications. It was discovered some bidders did not include or had miscalculated sales tax on the quotation form. The corrected amounts have been added to the BID OPENINGS form submitted by the City Clerk. The option # 1 quotation submitted by Harper Ford Country of Eureka was the lowest priced quotation and it meets the service needs of the fire department. This vehicle will replace an existing patrol unit with more than 86,000 miles and the cost is less than the $35,400 approved in the 1998/99 budget (account 698.2101.800.000). RECOMMENDED ACTION: Award bid in the amount of $29,551.13 for delivery of one (1) new 1999 Super Duty 4 x 2 dual rear wheel cab and chassis with utility body, as specified in option # 1, to Harper Ford Country. ALTERNATE COUNCIL POLICY OPTIONS: 1. Direct staff to select another quotation. 2. Determine not to purchase the vehicle. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Roe M. Sandelin, Fire Chief Candace Horsley, City Manager 1. Tabulation of Bids with corrected amounts noted. 2. Excerpt of 1998/99 Budget APPROVED: ',_~--~.. Horsley, City M~ager ~D o~ o o o o o o~ o ITEM NO. 5h DATE: November 18~ 1998 AGENDA SUMMARY REPORT SUBJECT: APPROVE BAD DEBT WRITE-OFF REPORT FOR FISCAL YEAR 1997/98 Attached for Council's approval are the bad debts accumulated during the past fiscal year (1997/98). The amounts to be written off are from utility billings and total $34,519.22. This represents 0.19% of the total billings generated during that period. This bad debt rate is better than the City's standard of ½ of 1 percent of billings as an allowance for doubtful accounts. After approval by Council, staff will adjust the "allowance for doubtful accounts" in the general ledger by the actual write off amount. To measure collection performance, utility billing revenues for the year were compared to this loss. Of the total billings of $17.8 million, 99.81% were collected through the efforts of the utility billing staff and the collection agencies. Page 3 of this report is a schedule that identifies the general reason for the write off, the amount associated with it, and comparisons with prior years. The graphs on pages 4 and 5 display the amount of write- offs for the past several years and the percentage of the total amounts billed that these write-offs represent. The affected departments and accounts are: Sewer 612.116.100 $3,469.18 Garbage 670.116.100 $1,328.99 Electric 800.116.100 $26,666.10 Water 820.116.100 $3,054.95 (Continued - Page 2) RECOMMENDED ACTION: Approve the Bad Debt Write off for fiscal year 1997/98 in the amount of $34,519.22. ALTERNATE COUNCIL POLICY OPTIONS: 1. Not approve the bad debt write off. 2. Suggest alternative collection methods. Citizen Advised: N/A Prepared by: Coordinated with: Attachments: Gordon Elton, Finance Director; Patsy Archibald, Customer Service Supervisor Candace Horsley, City Manager Detailed listing of accounts to be written off APPROVED: Can~dace Horsley, ~lty Manager GE:BAD-DEBT.AGN 1997/98 BAD DEBT WRITE-OFF REPORT (Continued) The following information illustrates the volume of late paying accounts compared to the total customer volume per month during fiscal year 1997/98. Average No. Day* Event/Notice Of Customers Percent 1 Initial billing issued 8,858 100% 36 Delinquent letter 1,250 14.10% 46 Final Notice 589 6.70% 53-55 Electric service disconnected 33 0.37% * Actual number of days may increase due to holidays and weekends. As the above numbers indicate, the majority of the customers pay before the Delinquent Letter is issued. Almost half of the customers who receive a Delinquent letter also receive a Final Notice, however very few of the customers who receive Final Notices actually have their service interrupted. Sewer customers who have unpaid balances when the next bill is issued are assessed a 10% penalty on their sewer charge. No additional late charges are assessed until the "Final Notice" is issued. More than 9 out of 10 customers have paid before this happens. The Customer Service Representatives interact with the customers at each of the steps in the collection process. They continually strive for the right balance between firmness and flexibility that promotes good customer relations and a high level of collections. They utilize all the options available within the City policies and procedures to allow continued utility service and receipt of payment for balances due. Not all customers pay their accounts within the allowed time limits and have their utilities discontinued. When accounts are closed with balances due, a series of three letters and various telephone calls are made before a decision is made to pursue small claims and/or collection agency action. Accounts are pursued even after the Council has taken action to write-off the account. Amounts collected on written-off accounts are recorded as adjustments to the "Allowance for doubtful Accounts". Staff recommends the City Council approve the bad debt write-off for 1997/98. GE:BAD-DEBT.AGN Page 2 Z 8 8 8 8 8 8 ~,unotuv ~jo-itl!JM ~ ~ ~'- 0 8 ~ o o o o o ~ o ~ Bad Debt Write-offs Compared to Total Billings 18,000,000.00 16,000,000.00 14,000,000.00 12,000,000.00 10,000,000.00 8,000,000.00 6,000,000.00 4,000,000.00 2,000,000.00 FY 1993/94 FY 1994/95 FY 1995/96 FY 1996/97 FY 1997/98 [] Write-off Amount [] Billing Amount Page 5 .:. .~.~ ~ ~ ~ ~ ~oo :~°~° o~o ooooooo~ooo o,~o ~ ;~ ''"''''' '~ AAA& '~'T'~' ,:,T?°~°~ ~o ~ ~m°~< ~ ~,.<~ ~ ~ z~mz~o~o~O ~ mz~ ~ ~ ozt , ~ , Z ;(30 ~0 , ' O-O~-I. ll, l 1'4U04 ITEM NO, 5 i DATE: November 18, 1998 AGENDA SUMMARY REPORT SUBJECT: RECEIVE REPORT ON COST OF REPAIRS TO CiViC CENTER EMERGENCY GENERATOR AND APPROVE BUDGET AMENDMENT Maintenance staff has recently completed repairs to the Civic Center's emergency generator. Staff had originally intended to replace only the core of the radiator, however, upon close inspection it was determined the entire unit would need to be replaced. The approved budget includes $8,500 for repairs and servicing of the generator in Account No. 100.1915.302.000. Due to the need to replace the entire radiator, the total cost was $11,125. An additional $500 is also needed for other routine servicing during the remainder of the year. Staff is therefore requesting a budget amendment to increase Account No, 100.1915.302.000 from $8,500 to $11,625. RECOMMENDED ACTION: Receive report on repairs to Civic Center generator and approve budget amendment increasing Account No. 100.1915.302.000 from $8,500 to $11,625. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by' N/A Prepared by' Larry W. DeKnoblough, Community Services Director Coordinated with:.~ Candace Horsley, City_Manager Jim Looney, Public Works Superintendent Attachments: 1. Garage Repair Order 2. Budget amendment worksheet 3. Excerpt from the 1998/99 budget APPROVED;_~----~.~ {~~ LB2 Candace Horsley, City, Manage GENERATOR.ASR .REPAIR ORDER NO.: '- WRITTEN BY: L'~..~ - REQUESTED BY: MELTER READING ~ JO~.'- ~. 'DATE ENTERED: DATE PROMISED: REASON FOR REPAIR: REPAIR CLASS: REPAIR SITE: PROCEDURES 'PROBLEM: DATE DONE I PART NUMBER 1. LI N - 1 H _L~___~_ ASI~YS REM HRS 'VAR COST , QTY COST CODE INT 3. H uJ '-g_]_gH R~o~o WORK ACCOMF'LISHED CODE ** ENTER ADDITIONAL PROCEDURES/PAR~ ON REVERSE, REMEMBER TO INCLUDE COST CODES, :~RS, REM ACTION CODES, ETC.** .I. 5o5- I~_zE ~noS~ · i, LI i.u 0 0 .-- 8.~ * ~ ~ ~ o o o o o o~~'s ~ ~ - ~:=:= ~ · · ~ · ~ ~ ~ ~= mux~<g<<mmm6~ x x x x~x x x x x xu °°8888 8888© 8 8888 ~q:~ oo ~ooo o o o' ' ooo o, ....... ~~ 00~ 000 ~ ~ 000'00000000 ~ 0 ~ ~ ~ ~ ~ 000 ~ 0 00 0 0 0 0:0~0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 ooooooooooo,ooooooooooooooooo: 0~ ~'~0~~~00~~~~~ ~000 ~ ~ 0 ~ 0 ~ ~'0 ~ ~ ~ ~ 0 0 0 ~ 0 0]0 0 0 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ Jo ~ ~~ ~ 0 0 ~0 o,0 0 0 0 0 0 00~ ~ 0 ~ ~ ~ ~ ~ ~ 00'~ 0 ~ 00000000,0000000 000 ooo© - ·0 ~ 0 I I I I I I I I I I I l 0000 ~00 ITEM NO. 5_i DATE: November 18, 1998 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY FOR THE GOBBI STREET RIVERSIDE PARK SITE DESIGN STUDY, AND APPROVAL OF BUDGET AMENDMENT SUMMARY: Last June, the California State Coastal Conservancy awarded a grant to the City of Ukiah to fund the preparation of a Gobbi Street Riverside Park Site Design Study. The grant is for $12,000, and will be complemented by $4,000 worth of in-kind assistance from City Staff. The Coastal Conservancy recently submitted the formal Grant Agreement documents to staff for review and execution. As indicated in the agreement documents, a number of conditions must be satisfied prior to the commencement of the project and the disbursement of any funds. The primary condition is the adoption of a Resolution by the City Council authorizing the execution of the agreements. A Resolution satisfying this condition has been prepared, and is attached for the Council's consideration. RECOMMENDED ACTION: 1) Adopt the Resolution authorizing execution of Grant Agreement with the State Coastal Conservancy for the Gobbi Street Riverside Park Site Design Study; 2) Approval of amendment to 1998/99 budget authorizing $12,000 in revenue account 250.0600.488.000, and expenditures of $12,000 in account 250.1502.250.000. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not adopt the Resolution, and provide direction to staff. Appropriation requested: N/A Citizen Advised: N/A Requested by: Planning Department Prepared by: Charley Stump, Senior Planner Coordinated with: Candace Horsley, City Manager and Bob Sawyer, Planning Director, and David Rapport, City Attorney Attachments: 1. Draft Resolution 2. Grant Agreement from the State Coastal Conservancy 3. November 10, 1998 letter from the Coastal conservancy regarding $4,000 City participation 4. Budget amendment worksheets APPROVED: Candace Horsley, city I~nager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE STATE COASTAL CONSERVANCY REGARDING THE GOBBI STREET RIVERSIDE PARK SITE DESIGN STUDY WHEREAS, 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; and WHEREAS, the grant is for a not-to-exceed sum of $12,000, and is contingent upon the City dedicating a minimum of $4,000 worth of staff time to oversee and manage the Site Design Study; and WHEREAS, in November of 1998, the City received the Grant Agreement Document from the State Coastal Conservancy detailing the terms and conditions of the agreement; and WHEREAS, City staff, the City Attorney, and the City Council have reviewed the Grant Agreement Document, and understand the terms and conditions listed therein; and WHEREAS, the City Council finds the terms and conditions of the Grant Agreement reasonable and acceptable; and WHEREAS, the City Council designates the City Manager or her/his appointee to act on behalf of the City in executing the Agreement, and fulfilling the approved terms and conditions. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby approves of the terms and conditions contained in the Grant Agreement between the State Coastal Conservancy and the City for the preparation of the Gobbi Street RESOLUTION NO. Page 1 of 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Riverside Park Site Design Study, and authorizes the City Manager or designated appointee to execute the document. PASSED AND ADOPTED on November 18, 1998, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Sheridan Malone, Mayor ATTEST: Marie Ulvila, City Clerk RESOLUTION NO. Page 2 of 2 City of Ukiah Grant Agreement 98-038 Page 3 TERM OF AGREEMENT (Continued) This agreement shall run from its effective date through December 31, 1999 (the "termination date") unless otherwise terminated or amended as provided by the agreement. However, all work shall be completed by September 30, 1999 ("the completion dateD. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its June 25, 1998 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. City of Ukiah Grant Agreement 98-038 Page 4 Standard Provisions WORK PROGRAM Prior to beginning the site design, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this agreement. The work program shall include: 1. A final work plan for development of the site design and public meetings. 2. A schedule of completion for the project specifically, listing the completion date for each project component and a final project completion date. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the Conservancy agrees to disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon the grantee's satisfactory completion of project implementation, compliance with the "PROJECT COMPLETION" section of this agreement, submission of a fully executed final "Request for Disbursement" form and upon the Conservancy's acceptance of the project. City of Ukiah Grant Agreement 98-038 Page 5 COSTS AND DISBURSEMENTS (Continued) The grantee shall request disbursements by filing with the Conservancy fully executed ~Request for Disbursement" forms (available from the Conservancy). The grantee shall include in the forms its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description of all work done for which disbursement is requested. The forms shall be signed by an authorized representative of the grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the project funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form, the grantee shall submit a supporting progress report summarizing the current status of the project and comparing it to the status required'by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among items contained in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreemdnt. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Within ninety days of completion of implementation of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report which includes: 1. Final site design to include: type of recreation facilities and their location; extent of, and species for agricultural buffers; designation of areas for riparian and riverine City of Ukiah Grant Agreement 98-038 Page 6 PROJECT COMPLETION (Continued) enhancement; designation, mapping, and recommendations to protect valuable natural habitat areas; recommended locations for walk-in fishing and trail access; recommendations to prevent trespass and vandalism of the surrounding agricultural operations; and summaries of the two public meetings. 2. A fully executed final ~Request for Disbursement~ form. Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether the project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter acceptance. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of implementation of the project, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of implementation of the project, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement, and the Conservancy shall be responsible for any reasonable and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this agreement. If the grantee fails to complete the project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the ConservanCy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. INSPECTION Throughout the term of the agreement, Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement. City of Ukiah Grant Agreement 98-038 Page 7 LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, .damage or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of eXpress or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Throughout the term of this agreement, the grantee shall maintain self-insurance for personal injury and property damage liability assumed by the grantee under this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this agreement. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to the construction of the project. The grantee shall retain these documents for three years following the date of final disbursement by the Conservancy under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during this period. The grantee may use any accounting system which follows the guidelines of "Generally Accepted Accounting Practices" published by the American Institute of Certified Public Accountants. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family-care leave, medical-care leave, or pregnancy-disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment City of Ukiah Grant Agreement 98-038 Page 8 NONDISCRIMINATION (Continued) are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor. Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), ge incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. : INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with resPect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. City of Ukiah Grant Agreement 98-038 Page 9 AMENDMENT As expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. GOBBI STREET RIVERSIDE PARK SITE DESIGN COASTAL CONSERVANCY Project Summary June 25, 1998 GoBBI STREET RIVERSIDE PARK SITE DESIGN File No. 98-009 Project Manager: Richard Retecld RECOMMENDED ACTION: LOCATION: PROGRAM CATEGORY: ESTIMATED COST: Authorization to disburse funds to the City of Ukiah for a final site design at Gobbi Street Riverside Park on the Russian' River. Gobbi Street RiVerside Park, City of Ukiah (Exhibits 2 & 5) Public Access City of Ukiah Coastal Conservancy TOTAL PROJECT COST: $ 4,000 12,000 $16,000 PROJECT SUMMARY: The City of Ukiah is seeking Conservancy assistance for the preparation of a site design for Gobbi Street Riverside Park, which the Conservancy has identified as an important public access point in its Russian River Public Access Plan (see Ex- hibits 3 & 4). The proposed site design will include recreational facilities and appropriate buffers to protect neighboring agricultural uses. Cost estimates for development, of the 39-acre park site will also be included. The placement of recreation facilities will be designed so as not to impact riparian and rivefine habitats. The site design will also contain recommendations for the en- hancement of all valuable natural habitats located within the park. Presently, Riverside Park contains three Little League fields and a BMX (bicycle moto-cross) racing course. These uses will remain and will be included in the final site design for the park. It will be extremely important for the design process to take into account the proximity of long-established agricultural uses and the potential impacts of recreational development on those COASTAL CONSERVANCY Staff Recommendation June 25, 1998 GOBBI STREET RIVERSIDE PARK SITE DESIGN File No. 98-009 Project Manager: Richard Retecki STAFF RECOMMF_NDATION: Staff recommends that the State Coastal Conservancy adopt the following Resolution pursuant to Sections 31400 et seq. of the Public Resources Code: "The State Coastal Conservancy hereby authorizes .the dis- bursement of an amount not to exceed twelve thousand dollars ($12,000) to the City of Ukiah for the preparation of a site design for the Gobbi Street Riverside Park. No funds shall be disbursed until the Executive Officer has approved in writing: 1. A final work plan and budget for the site design; 2. Evidence that the City of Ukiah has obtained all other funds necessary to complete the project." Staff further recommends that the Conservancy adopt the fol- lowing findings: "Based on the accompanying staff report and attached ex- hibits, the State Coastal Conservancy hereby finds that: 1. The proposed project is consistent with the purposes and criteria set forth in Chapter 9 of the Public' Re- source Code (Sections 31400. and 31400.3) regarding developing a system of public accessways and related support facilities; 2. The proposed Riverside Park improvements will pro- vide increased public access to and along the Russian fiver, a designated aquatic trail, and will serve greater than local needs; and 3. The Gobbi Street Site Design and Facilities Analysis will help develop the Russian River as a fiver trail and Site Description: Riverside Park comprises 39 acres, of which only seven are in active recreational use (see. Exhibit 5). The present uses are for Little League baseball and a BMX track for moto-cross bicycle racing. The remainder of the park is undeveloped open land with native and invasive species and a riparian corridor along the Russian River. There currently is no developed system of trails or accessways to and along the river, but rather a network of informal trails. Riverside Park is approximately one and one quarter miles from downtown Ukiah (see Exhibit 2). Transit service currently does not extend to the park, but the General plan Update rec- ommended extension of service in conjunction with park im- provements. Ukiah is presently involved in a Master Bikeways planning effort which will designate the portion of Gobbi Street that leads to Riverside Park as a bikeway. Riverside Park may be reached from Highway 101 from the Gobbi Street exits. Project History: The Riverside Park site was one of nine Mendocino County sites evaluated during preparation of the Conservancy's Rus- sian River Public Access Plan. In an effort to increase public access to and along the Russian River, and eventually to the coast, Conservancy staff evaluated publicly owned sites larger than 1.5 acres or existing park or recreation areas that could ac- commodate fiver access improvements. The Riverside Park site has over 30 acres available for recreational activities and more than 1,700 linear feet of fiver frontage, can accommodate a va- riety of activities and facilities, and has an agency that will manage the operations. All those factors, together with others, ranked the Riverside Park site highest of all the Mendocino County sites. While the Conservancy was developing the Russian River Public Access Plan, the City of Ukiah was conducting its Gen- eral Plan update process. The Park and Recreation element re- viewed new and existing facilities within the general plan boundary, established findings, and recommended implemen- tation measures for each location. The Riverside Park site is a major focal point for future recreation improvements within the city. The General Plan Update is complete and adopted, and contains implementation recommendations for all park and rec- reation sites. The City of Ukiah has identified Riverside Park as a high pri- ority for park improvements but has lacked the necessary funds system of public accessways to and along the state's coastline. The Russian River Public Access Plan recommended a series of canoe put-in/take-out access points and improvements. The canoe access locations were recommended to be six to ten miles apart and offer minimal seasonal access facilities. Such a series of access locations, if implemented, would develop the river as an aquatic trail. Both Sonoma and Mendocino Counties and the Conservancy have begun to implement this series of canoe public access locations. Under Public Resources Code Section 31400.1 the Conser- vancy is authorized to award grants to local public agencies for the initial development of public accessways if the proposed access improvements will serve more than local needs. The Conservancy's Russian River Public Access Plan, through nu- merous public surveys, documented the fact' that the river serves a regional population as a recreation destination. The de- sign of facilities at Riverside Park will take into account the many positive attributes of the site and recommend public ac- cess facilities that will provide many and varied types of rec- reational opportunities. Riverside Park's close proximity to Highway 101 will make it easy for local and long distance trav- elers to reach the park. CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: Coastal Access Standards Consistency: The Riverside Park site design process is intended to ensure that proposed recrea- tion activities and facilities, when constructed, will provide rec- reational opportunities, protect and enhance natural habitats, and be compatible with surrounding agricultural.land uses (Ac- cess Standard No. 1). The site design will also take into ac- count the concerns of Access Standard No. 2 which pertain to the hazards related to the agricultural activities and their impact on the use of the park. With respect to Access 'Standard No. 4, regarding privacy, the site design will address the needs of the park, its users, and the surrounding agricultural operations. The site design and facilities analysis will avoid sensitive habitat areas and also recommend enhancement and restoration of spe- cific natural areas within the park, to adequately address Ac- cess Standard No. 5. Transportation recommendations, including bikeway improve- ments to Riverside Park, were included in the Ukiah General Plan Update and relate to Standard No. 10. Standard No. 12, Support Facilities, will be addressed by the siting and identifi- Navarro Ukia~~ El. ~!0 Hendr, Woods i~---' Hopland ! ~lma. ge I \ Marshall PO/N1' RE~E~ · ." . NAT'L '.. Pt. P. · :'.". :.. . , .. .. .... . .. · :.-":'.. . . .' I. ' i.. ;.'i.--:..' · ~'~.:; '" . · ' '" ' ~: ' ' ' " : ' I. ' :' Mt. 'Tama~pai, ':'/~"-' "': · I : Golden Gate Nal I Rec Area "~'~_~l'ailoO' J ..... OOLOEW ~'r[ TO '~'1 Wildlite· .'.. . · ..... FRANCISCO :.~':..: ~:2.: .:..' . .' . ~1. ~ . ~".'J.;.:."! ': '- ' ' ' PA~iFlgA ":~_.-. . SAN BRI · :"~" - .- ' O I I D I Exhibit 1 Area Map IX-9 ',. \ Dee? Park utherford Oakville P£ $onoma S1. H/~I. · S.n P=:.4. ~ VALLEJI S 'A N £EANo --" ~ WTnter~ tt Hill OST,. Ukiah ¥1chy Springs Road Brid~e RiversidePark · ,,, Figure 8 ' Planning Unit Three Potential Sites RUSSIAN RIVER PUBLIC ACCESS & TRESSPASS STUDY Station %% County Line to UIdah 'HYden Assoc~es Landscape Architect~ ® NORTH SCALE J \ \ \ %% Exhibit 2 SITE SELECTION SUMMARY OF SITE SELECTION CRITERA MATRICES FOR PLANNING UNIT THREE COUNTY UNE TO UKIAH I$1;L~,N~ Recr~tio Land, " Capital Community Land NGtur31 Tot~- & Improvements Servce~ Use & Access O&M .and V'~ual Demand ' In~r~_~_~ctu re Re_~_~urces Riverside F~-k 19 ' ' 14 18 ' 13 lO ~4 I (Gobbi Bridge '~ City~werTteatmcnt " 13 15 15 10 12 65 Co~nsky Station 18 "' [7 ..... 10 8 12 65 Talmage Road 11 ....... i5 16 1 t I0 6.3 Bridge Squaw Rock " 15 ' ' ~5' ' 10 11 9 60 ltighway 10t ' ' 16 i5 4 9 ' 6 $0 Bridge. -- , , l Hopland Road 12 15 4 4 10 45 Bridge Table 4 RUSSIAN RIVE~ PUBUC ACCESS AND TRESPASS MANAGEMENT PLAN Exhibit 3 iX-ii PAGE 32 Russian River Public Access Site Selection Criteria matrix Mendocino County Site Name Riverside Park (Gobbi St.) CATAGORIES / MAXIMUM POINTS A. Recreation and Access Demand A t. High demand for the uses tha site can provide / 3 x 2 A 2. Lack of similar facilities nearby / 3 A 3. Multiple use potential / 3 A 4. Future on site expansion potential ! :3 A $. Strong pa~em of existing public use / 3 A 6..Potential to avoid trespass on adjacent property ! 3 TOTAL POINTS ~ CATAGORY Between River Miles: 90&9! POINTS ASSIGNED B. Land, Capital Improvements, and Operations & Maintenance Costs B 1. Under public ownership / 3 x 2 B 2. Privately owned-willing seller / .3 x 2 B 3. Potential to generate revenue 13 x 2 B 4. Cost of land and capital improvements/'3 B $. Cost of operations and maintenance / 3 TOTAL POINTS THIS CATAGORY C. Community Services and Infrastructure C 1. Willing agency to operate and maintain/.3 X 2 C 2, Potential for public service extensions / 3 C 3. Availibility of emergency services / 3 C 4. G6od transportation access/3 C 5. M~imurn traffic and parking impacts / 3 TOTAL POINTS THIS CATAGORY D. Land Use D I. Compatible with land use designations / 3 x 2 D 2. Compatible with long range plans / 3 D 3. Compatible with existing adjacent land use / 3 x 2 TOTAL POINTS THIS CATAGORY Natural and Visual Resources E 1. Minimum habitat impact'/3 X 2 E 2. Compatible with river flood plain / 3 E 3. Minimum visual impact / 3 TOTAL POINTS TEIS CATAGORY 6 3 2 19 9 0 0 3 2 14 6 3 3 3 3 1 $ 3 4 13 4 3 TOTAL POINTS FoR THIS SITE A 1-E 3 74 f RATINGS: 0 UNDESIREABLE OR NOi~ APPLICABLE: 1 ADEQUATE: 2 D~LL-~_~.A__._Rt~: 3 HIGHLY D~:-~[REAttLE [ NOTES Two little league, one senior league fields, concessions stand at fields. Potential conflict for adjacent Agricultural lands. Buffer area possible, River access may require removal of some habitat. Human waste present on site. Exhibit 4 IX- 12 LiJlle ~lcLs ¢3) I 44',44 Riverside Park existing facilities Exhibit 5 IX-J3 , . . Se 6. , 8, ,, 10. 11. 12. 13. 14. UKIAH RIVERSIDE PARK List of Desired Facility Improvements Retention of the existing ball fields and BMX bike track. River beach access for fishing, swimming, etc. A passive hiking trail system along the river. 'RestOration and enhancement'of the riparian corridor along the river. Picnic areas. A multiple-use turf field (softball/baseball/soccer) An outdoor volleyball court/facility. ^ basketball court. Horseshoe pits. Ample open space/buffer from the existing vineyard and orchard to the west anti south. Security/caretaker housing (optional- depends on financial resources and the concerns of surrounding property owners). Access improvements along East Gobbi Street (mad widening, bike lanes pedestrian walk'ways). Parking facility improvements. Public 'restrooms. Exhibit 6 IX-J4 Letters of Support IX-15 300 S~~VE., UKIAH CA 95482-5400 · ADMIN. 707/463-6200 ,, PUBLIC SAFETY 463-624216274 · FAX # 707/463-6204 · Mrl William Ahern, Executive Officer" California State Coastal Conservancy 1330 Broadway, 11th Floor Oakland, CA 94612-2530 June 4, 1998 RE: Gobbi Street Riverside Park Dear Mr. Ahern: On behalf of the Ukiah City Council and the citizens of Ukiah, I would like to express our strong, and unanimous support for the Gobbi Street Riverside Park project. The community has envisioned a park at this site for many years, and recently included it as a high priority in the updated General Plan. We greatly appreciate the Coastal Conservancy's focus on this project, and we are excited about the possibility of receiving funding for a Site Design Study, as well as possible future funding for the first phase of actual park development. Thank you for your consideration on assisting the City of Ukiah with the funding of this very important Russian River public access project. Sincerely, Sheridan Malone Mayor IX-16 Are Here To Serve" Coastal Conservancy Charles Stump, Senior Planner City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Subject: Riverside Park Site Design Dear Charlie' November 10, 1998 This letter is reference to our phone conversation about Ukiah' s committment to the Gobbi Street Riverside Park Site Design project. Ukiah's contribution can be in-kind services and staff time hours that will eventually total four thousand dollars. The Conservancy does not require that your contribution be made in cash. If you have any other questions please contact me at (510) 286-4170. Thank you. Sincerely, Richard Retecki Project Manager CI'IY 01: LII{IAIt 1PLAHItlHG O[I~T. C 1 i f o r 1l i a S t a t e C o a s t a 1 Co 1330 Broadxvay, 11 tlr Floor Oakland, California 94612-2530 510'286'1015 Fax: 5~6'0470 n s e r v a ~li~C y 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 durin.q 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 Riversid Park Contract Services Account No. 250.281.110 $ 81,504 250.9646.250.000 $ (81,504) 250.0600.488.000 $ 12,000 250.1502.250.000 $ (12,000) Revised ending fund balance 6/30/99 $ 165,225 RESERV99.XLS 11/13/98 Page 9 Funds 200 through 280 1,1.1 0 LU I-- m ITEM NO. 5k DATE: November 18, 1998 AGENDA SUMMARY REPORT SUBJECT: Adoption of Resolution Approving the Execution and Delivery of Agreements to Provide certain Information as Required Under Rule 15c2-12 of the Securities and Exchange Commission and Authorizing the Mayor to Execute such Agreements on Behalf of the City of Ukiah. REPORT:The Northern California Power Agency (NCPA), in an effort to reduce debt payments relative to various participation projects, has determined that it is an opportune time to refund the Transmission No. One and the Combustion Turbine No. One Generation Projects. The City of Ukiah is a participant in both of these projects and will participate in the refunding. Savings, to the City, from this refunding effort will be approximately $40,000 annually in reduced debt payments for the remaining life of the bonds (2010). A requirement of the refunding, obligates the City of Ukiah to provide annually, certain financial information and operating data relating to the electric system of the City. The information required by this agreement appears to be information produced by the city as part of our normal annual reporting process, therefore suppling this information annually will not be a significant burden. The proposed Resolution authorizes the Mayor to sign documents necessary to comply with Securities and Exchange Commission (SEC) Rule 15c2-12. The attached draft "Continuing Disclosure Agreement.." is the agreement that details the information that is to be provided and the time frame within which it must be provided. A final "Disclosure Agreement" will be prepared when the Bonds are ready for market. Advance approval by the members is necessary to facilitate timely completion of the refunding. If each participant does not (Continued on page 2) RECOMMENDED ACTION: Adoption of Resolution Approving the Execution and Delivery of Agreements to Provide certain Information as Required Under Rule 15c2-12 of the Securities and Exchange Commission and Authorizing the Mayor to Execute such Agreements on Behalf of the City of Ukiah. ALTERNATE COUNCIL POLICY OPTIONS: Deny Approval of Recommendation Requested by: NCPA Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager, Gordon Elton, Finance Director Citizens advised: None Attachments: 1) Resolution; 2) Draft Disclosure Agreement APPROVED: Candace Horsley,~City Manager GE:NCPA.AGN adopt a resolution similar to the resolution proposed herein, it is unlikely that NCPA will be able to continue with the planned refunding. The Annual Report, required under SEC Rule 15c2-12, shall contain the following information: (I) A summary of the results of operations and balance sheet for the most recently completed fiscal year. (ii) A summary of power supply resources of the City's electrical system. (iii) A summary of customers, energy sales, revenues and peak demand of the City's electric system. (iv) Audited financial statements for the most recently completed fiscal year. If audited statements are not available by the information filing deadline, unaudited statements presented in substantially the same format may be substituted. Staff recommends Adoption of the Resolution Approving the Execution and Delivery of Agreements to provide information as required and Authorize the Mayor to Execute such Agreements on behalf of the City of Ukiah. GE:NCPA.AGN Page 2 RESOLUTION NO. APPROVING THE EXECUTION AND DELIVERY OF ONE OR MORE AGREEMENTS TO PROVIDE CERTAIN INFORMATION AS REQUIRED UNDER RULE 15c2-12 OF THE SECURITIES AND EXCHANGE COMMISSION; AND CERTAIN OTHER MATTERS RELATING THERETO, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENTS ON BEHALF OF THE CITY OF UKIAH WHERAS, the City of Ukiah (the "CITY") is a municipal corporation duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the CITY is a member of and a participant in one or more projects of the Northern California Power Agency ("NCPA"); and WHEREAS, NCPA is a public entity duly organized and existing pursuant to the Northern California Agency Joint Powers Agreement, dated as of July 19, 1968, as amended and supplemented (the "Agreement") and the provisions relating to the joint exercise of powers found in Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California; and WHEREAS, NCPA's projects have been financed and refinanced through the issuance of bonds by NCPA which are payable primarily from payments made by the project participants under the respective Third Phase Agreements for such projects; and WHEREAS, the Securities and Exchange Commission adopted amendments to Rule 15c2-12 under the Securities Exchange Act of 1934 (Rule 15c2-12, together with such amendments, and as the same may be amended from time to time, shall be referred to herein as "Rule 15c2-12") which has the effect of imposing upon the CITY the obligation to provide annually certain financial information and operating data relating to the electric system of the CITY in connection with outstanding bonds issued by NCPA; and WHEREAS, the CITY desires to comply with Rule 15c2-12 by entering into a written agreement or agreements to provide certain financial information and operating data relating to the electric system of the CITY; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Ukiah as follows: SECTION 1. The City Council hereby authorizes and approves the execution and delivery by the CITY of one or more written agreements to provide continuing disclosure relating to the electric system of the CITY in connection with bonds issued or to be issued by NCPA to finance and refinance NCPA's projects in which the CITY is a participant, as required under the Rule 15c2-12, and hereby authorizes and directs the Mayor of the CITY to execute such written agreements for and on behalf of the CITY. DOCSLA 1:278960.1 -1- SECTION 2. The Mayor, the City Clerk, the City Manager and the Director of Public Utilities of the CITY, each acting singly, are hereby authorized to execute and deliver or cause to be delivered, upon receipt and approval of the City Attorney, any and all documents and instruments and to do and cause to be done any and all acts and things necessary or convenient in carrying out the purposes contemplated by this Resolution. SECTION 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Council of the City of Ukiah this 18th day of November, 1998, by the following vote on roll call: AYES COUNCILMEMBERS: NOES COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ATTEST: MAYOR City Clerk D(')CSI~A i :278960.1 -2- CONTINUING DISCLOSURE AGREEMENT BY AND BETWEEN THE CITY OF UKIAH AND STATE STREET BANK AND TRUST COMPANY, N.A. This Continuing Disclosure Agreement (the "Disclosure Agreement") is executed and delivered by the City of Ukiah (the "Project Participant") and State Street Bank and Trust Company, N.A., as trustee (the "Trustee") in connection with the issuance by Northern California Power Agency ("NCPA") of $ aggregate principal amount of Northern California Power Agency Transmission Project Number One Revenue Bonds, 1998 Refunding Series A (the "1998 Bonds"). The 1998 Bonds are being issued pursuant to an Indenture of Trust, dated as of December 1, 1998 (the "Indenture"), by and between NCPA and the Trustee. The Project Participant and the Trustee covenant and agree as follows: SECTION 1. Purpose of the Disclosure Agreement. This Disclosure Agreement is being executed and delivered by the Project Participant and the Trustee for the benefit of the Bondholders and Beneficial Owners of the 1998 Bonds and in order to assist the Participating Underwriters in complying with the Rule. The Project Participant and the Trustee acknowledge that NCPA has not undertaken any responsibility with respect to any reports, notices or disclosures provided or required under this Disclosure Agreement, and has no liability to any person, including without limitation any Bondholder or Beneficial Owner of the 1998 Bonds, with respect to the Project Participant's performance of its obligations hereunder. SECTION 2. Definitions. In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Agreement unless otherwise defined in this Section 2, the following capitalized terms shall have the following meanings: "Annual Report" shall mean any Annual Report provided by the Project Participant pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. "Beneficial Owner" shall mean any person who has or shares the power, directly or indirectly, to make investment decisions regarding ownership of any Bonds (including without limitation persons holding Bonds through nominees, depositories or other intermediaries). "Disclosure Representative" shall mean the Director of Public Utilities of the Project Participant or his or her designee, or such other officer or employee as the Project Participant shall designate in writing to the Trustee from time to time. "Dissemination Agent" shall mean the Trustee, acting in its capacity as Dissemination Agent hereunder, or any successor Dissemination Agent designated in DOCSI,A 1:279001.1 writing by the Project Participant and which has filed with the Trustee a written acceptance of such designation. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Rule. The National Repositories currently approved by the Securities and Exchange Commission are listed in Exhibit B attached hereto and incorporated herein by this reference. "Participating Underwriter" shall mean the original underwriter[s] of .the 1998 Bonds required to comply with the Rule in connection with the offering of the 1998 Bonds. "Repository" shall mean each National Repository and the State Repository. "Rule" shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. "State" shall mean the State of California. "State Repository" shall mean any public or private repository or entity designated by the State as a state repository for the purpose of the Rule and recognized as such by the Securities and Exchange Commission. As of the date of this Agreement, there is no State Repository. SECTION 3. Provision of Annual Reports. (a) The Project Participant shall, or shall cause the Dissemination Agent to, not later than 210 days after the end of each fiscal year of the Project Participant (which presently ends on June 30), commencing with the report for the Fiscal Year ending June 30, 1999, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Agreement; provided, that the audited financial statements of the Project Participant may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the fiscal year changes for the Project Participant, the Project Participant shall give notice of such change in the manner provided under Section 5 hereof. (b) Not later than fifteen (15) Business Days prior to the date specified in subsection (a) for providing the Annual Report to the Repositories, the Project Participant shall provide its Annual Report to the Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent). If by such date, the Trustee has not received a copy of the Annual Report from the Project Participant, the DOCSI.A 1:27900 I. 1 2 Trustee shall contact the Project Participant and the Dissemination Agent to determine if the Project Participant is in compliance with this subsection (b). (c) If the Trustee is unable to verify that an Annual Report has been provided to Repositories by the date required in subsection (a), the Trustee shall send a notice to each Repository and the Municipal Securities Rulemaking Board in substantially the form attached hereto as Exhibit A. (d) The Dissemination Agent shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) file a report with the Project Participant and the Trustee (if the Dissemination Agent is not the Trustee) certifying that the Annual Report has been provided pursuant to this Disclosure Agreement, stating the date it was provided and listing all the Repositories to which it was provided. SECTION 4. Content of Annual Reports. The Project Participant's Annual Report shall contain or include by reference the following: (i) A summary of the results of operations and balance sheet for the Project Participant's electric system in tabular form for the most recently completed fiscal year; (ii) A summary of power supply resources of the Project Participant's electric system in tabular form for the most recently completed fiscal year; (iii) A summary of customers, energy sales, revenues and peak demand of the Project Participant's electric system in tabular form for the most recently completed fiscal year; and (iv) The audited financial statements of the Project Participant's electric system for the most recently completed fiscal year, prepared in accordance with generally accepted accounting principles for governmental enterprises as prescribed from time to time by any regulatory body with jurisdiction over the Project Participant and by the Governmental Accounting Standards Board. If the Project Participant's electric system audited financial statements are not available by the time the Annual Report is required to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financial statements in a format similar to the audited financial statements, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Project Participant or public entities related thereto, which have been submitted to each of the Repositories or the Securities and Exchange Commission. If the document included by reference is a final official statement, it must be available from the Municipal Securities Rulemaking Board. DOCSI.A 1:27900 I. 1 3 The Project Participant shall clearly identify each such other document so included by reference. SECTION 5. Reporting. Notices required by Section 3(a) or Section 8 of this Disclosure Agreement shall be filed with the Municipal Securities Rulemaking Board and the Repositories. SECTION 6. Termination of Reporting Obligation. The obligations of the Project Participant under this Disclosure Agreement shall terminate upon the legal defeasance, prior redemption or payment in full of all of the 1998 Bonds. SECTION 7. Dissemination Agent. The Project Participant may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may discharge any such Dissemination Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by. the Project Participant pursuant to this Disclosure Agreement. The initial Dissemination Agent shall be State Street Bank and Trust Company, N.A. SECTION 8. Amendment~ Waiver. Notwithstanding any other provision of this Disclosure Agreement, the Project Participant and the Trustee may amend this Disclosure Agreement (and the Trustee shall agree to any amendment so requested by the Project Participant which does not impose any materially greater duties or risk of liability on the Trustee), and any provision of this Disclosure Agreement may be waived; provided, that, in the opinion of nationally recognized bond counsel satisfactory to the Trustee and the Project Participant, such amendment or waiver is permitted by the Rule. In the event of any amendment or waiver of a provision of this Disclosure Agreement, the Project Participant shall describe such amendment in its next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the Project Participant. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the manner as provided under Section 5, and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. SECTION 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to prevent the Project Participant from disseminating any other information, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report, in addition to that which is required by this Disclosure Agreement. If the Project Participant chooses to include any information in any Annual Report in addition to that which is specifically required by this Disclosure Agreement, the Project Participant shall DOCSI.A 1:27900 I. 1 4 have no obligation under this Agreement to update such information or include it in any future Annual Report. SECTION 10. Default. In the event of a failure of the Project Participant or the Trustee to comply with any provision of this Disclosure Agreement, the Trustee may (and, at the request of the Bondholders of at least 25% aggregate principal amount of Outstanding 1998 Bonds, shall), or any Bondholder or Beneficial Owner of the 1998 Bonds may, take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Project Participant or the Trustee, as the case may be, to comply with its obligations under this Disclosure Agreement. A default under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Agreement in the event of any failure of the Project Participant or the Trustee to comply with this Disclosure Agreement shall be an action to compel performance. No Bondholder or Beneficial Owner may institute any such action, suit or proceeding to compel performance unless they shall have first filed with the Trustee and the Project Participant satisfactory written evidence of their status as such, and a written notice of and request to cure such failure, and the Project Participant shall have refused to comply therewith within a reasonable time. Any such action, suit or proceeding shall be brought in Federal or State Courts located in Mendocino County, California for the benefit of all Bondholders and Beneficial Owners of the 1998 Bonds. SECTION 11. Duties, Immunities and Liabilities of Trustee and Dissemination Agent. Article X of the Indenture is hereby made applicable to this Disclosure Agreement as if this Disclosure Agreement were (solely for this purpose) contained in the Indenture, and the Dissemination Agent were a Fiduciary thereunder. The Dissemination Agent (if other than the Trustee or the Trustee in its capacity as Dissemination Agent) shall have only such duties as are specifically set forth in this Disclosure Agreement, and the Project Participant agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the Project Participant under this Section shall survive resignation or removal of the Dissemination Agent and payment of the 1998 Bonds. SECTION 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of NCPA, the Project Participant, the Trustee, the Dissemination Agent and the Bondholders and Beneficial Owners from time to time of the 1998 Bonds, and shall create no rights in any other person or entity. SECTION 13. California Law. This Disclosure Agreement shall be construed and governed in accordance with the laws of the State of California. DOCS[.A 1:27900 I. 1 5 SECTION 14. Notices. All written notices to be given hereunder shall be given in person or by mail to the party entitled thereto at its address set forth below, or at such other address as such party may provide to the other parties in writing from time to time, namely: To the Project Participant: City of Ukiah 300 Seminary Avenue Attention: Director of Public Utilities Ukiah, California 95484 Telephone: (707) 463-6295 Fax: (707) 463-6220 To the Trustee: State Street Bank and Trust Company, N.A. 61 Broadway, 15th Floor New York, New York 10006 Attention: Corporate Trust Department Telephone: (212) 612-3447 Fax: (212) 612-3202 The Project Participant and the Trustee may, by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent. DOCSI,A 1:27900 I. 1 6 SECTION 15. Counterparts. This Disclosure Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Date: ,199 -- CITY OF UKIAH By¸ Sheridon Malone Mayor STATE STREET BANK AND COMPANY, N.A., as Trustee TRUST By. Authorized Signatory DOCSI,A 1:279001.1 7 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Northern California Power Agency ("NCPA") Name of Bond Issue' $ aggregate principal amount of Northern California Power Agency Transmission Project Number One Revenue Bonds, 1998 Refunding Series A (the "1998 Bonds") Name of Obligated Party: City of Ukiah (the "Project Participant") Date of Issuance: ,1998 NOTICE IS HEREBY GIVEN that the Project Participant has not provided an Annual Report with respect to the 1998 Bonds as required by Section 3 of the Continuing Disclosure Agreement with respect to the 1998 Bonds, dated as of , 1998, by and between the Project Participant and State Street Bank and Trust Company, N.A., as trustee. [The Project Participant anticipates that the Annual Report will be filed by . ] Dated: STATE STREET BANK AND TRUST COMPANY, N.A., as Trustee on behalf of the Northern California Power Agency cc: Project Participant DOCSI.,A 1:27900 I. 1 A-1 EXHIBIT B Nationally Recognized Municipal Securities Information Repositories approved by the Securities and Exchange Commission as of the date of this Disclosure Agreement: Bloomberg Municipal Repository P.O. Box 840 Princeton, NJ 08542-0840 Intemet address: MUNIS~bloomberg.doc (609) 279-3200 FAX (609) 279-3235 (609) 279-5963 Contact: Dave Campbell JJ Kenny Information Services The Repository 65 Broadway, 16th Floor New York, NY 10006 (212) 770-4595 FAX (212) 797-7994 Contact: Joan Horai, Repository Thomson NRMSIR Secondary Market Disclosure 395 Hudson Street, 3rd Floor New York, New York 10014 Internet Address: Disclosure~muller.com (212) 807-5001 or (800) 689-8466 FAX (212) 989-2078 Contact: Carolyn Chin DPC Data, Inc. One Executive Drive Fort Lee, N.J. 07024 Internet address: nrmsir~dpcdata.com (201) 346-0701 FAX (201) 346-0107 Contact: Dick Stout DOCSI.A 1:27900 I. 1 B-1 ITEM NO. ?a DATE: November 18. 1998 AGENDA SUMMARY REPORT SUBJECT: INTRODUCE ORDINANCE AMENDING SECTION 3016 OF ARTICLE 3, CHAPTER 1, DIVISION 3 OF THE UKIAH MUNICIPAL CODE (DEMOLITION PERMIT REVIEVV) SUMMARY: On October 28, 1998, the City Council and the Planning Commission held a joint session to discuss, among other items, revisions to the ordinance affecting demolition permits as they relate to structures possibly having historical, architectural, or cultural (Continued on Page 2) RECOMMENDED ACTION: Introduce the ordinance amending Section 3016 of Article 3, Chapter 1, Division 3 of the Ukiah Municipal Code, as this section relates to the processing of demolition permits for older structures. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not introduce the subject ordinance, and provide direction to staff as to how the ordinance might be amended and brought back at a future introduction hearing. 2. Articulate any additional and necessary revisions at the hearing, and introduce the subject ordinance, as revised. Citizen Advised: N/A Requested by: City Council Prepared by: Robert Sawyer, Planning Director Coordinated with: Candace Horsley, City Manager; David Rapport, City Attorney Attachments: Draft ordinance Candace Horsley, City iVla!ager Page 2 significance. Previously, certain revisions were requested by the City Council after dealing with the St. Mary's Catholic Church demolition permit (on two separate occasions), and finding that the current regulations pertaining to demolition permits and older structures are inadequate. The version of the ordinance taken before the Council and Commission on October 28th consisted of several procedural and substantive changes. In brief, they include the following: maintaining the 50-year old, or older threshold for referring structures to the City Council for historical determination; adding a public noticing requirement for Council hearings on relevant demolition permits; adding criteria for determining historical, architectural, or cultural significance; maintaining the Demolition Permit Review Committee (DPRC) as the Council's citizen advisors on historical significance; providing for a 90-day suspension to explore demolition options; providing the applicant an opportunity to discuss the structure's market viability for re-use or resale; adding provisions for the salvage of materials; and adding a subsection which gives the Council some latitude, under specific circumstances, to reconsider a demolition permit after it has been issued. After reviewing and discussing the earlier revisions, cited above, the Council remanded the ordinance back to staff for additional changes. The City Attorney, City Manager, and Planning Department staff met to discuss these additional changes, and the attached version of the ordinance, prepared by the City Attorney, would appear to be consistent with the Council's direction, and with the spirit and intent of the new regulations. These changes consist of the following: excluding from the exempt status certain accessory structures, such as carriage houses, which are presumed to be historically significant (see page 1, line 16); adding language which gives the applicant an opportunity to submit a new application to possibly prove that new or changed market conditions warrant reconsideration of the demolition permit (see page 3, line 24); establishing criteria for Council reconsideration, whereby misrepresentations or misinformation made solely by the applicant shall warrant grounds for reconsideration (see page 5, line 19); adding a requirement that the Building Official shall notify the applicant in writing when an already issued demolition permit is being suspended for the purpose of Council reconsideration (see page 6, line 6); and adding a section which renders intact and valid all parts of the ordinance not otherwise held to be invalid or unconstitutional by a court of law (see page 6, line 20). All of the new changes requested by the Council, and cited immediately above, are self- explanatory, and all of them would seem to meet the intent of the Council's October 28th direction. In regards to the provisions for reconsideration, however, staff has taken the liberty to limit the grounds for reconsideration to statements of misinformation made solely by the applicant, and not statements made by audience speakers at large. The Council may recall that the suggested language would allow reconsideration if anyone, applicant or audience speaker, made statements which misrepresented facts or misinformed the Council. Upon closer scrutiny, the City Attorney and staff have decided that this would be unfair to the applicant, in that the applicant has no control over statements made by audience members, and, therefore, should not be penalized by their comments. Page 3 Beyond the actual contents of the new ordinance, staff would like to reiterate that the new regulations, according to the City Attorney, constitute a discretionary review and approval process, and that, therefore, the California Environmental Quality Act (CEQA) must be administered on all demolition permits meeting the previously cited age criteria. Accordingly, most common demolition permit applications would merely be subject to a CEQA exemption pursuant to CEQA Guidelines Section 15301-1, and no additional environmental review would be necessary. However, whenever it can be determined by research and analysis that a structure proposed for demolition probably has historical, architectural, or cultural significance, staff will most likely be compelled to cause the preparation of an Environmental Impact Report (EIR). Staff would expect, based on the past demolition permit record, that the EIR tack would be rare, indeed, relative to implementing the proposed demolition permit regulations. Moreover, once we are able to establish and gain adoption of a definitive inventory of historic places in the City, through our current efforts to develop a historical preservation ordinance, the decision by staff to prepare an EIR will become ministerial in nature, and property owners will know, by virtue of being on or off the list, whether a structure's proposed demolition will require an EIR. Last, staff would also like to remind the Council from the earlier staff report and presentation that the nominal fees currently required to process demolition permits do not reflect any Planning Department costs associated with CEQA review, such as public notices, County Clerk processing, and the staff time to analyze, prepare, and process documentation. Accordingly, if the subject demolition permit ordinance amendments are adopted by Council, a future proposal to amend the Planning Department Fee Schedule to reflect the new process will be in order. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3016 OF ARTICLE 3, CHAPTER 1 OF DIVISION 3 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 3016 contained in Article 3 of Chapter 1 of Division 3 of the Ukiah City Code is amended to read as follows: §3016: MODIFICATIONS TO THE UNIFORM BUILDING CODE: 1. The Section of the Uniform Building Code relating to applications for building permits is modified to require in an application to demolish a building, the date when the building was first constructed, if known. 2. The Section of the Uniform Building Code, relating to permit issuance, is modified to require that, as to buildings constructed 50 years or more prior to the date of application, the Director of Planning or his/her designee shall determine whether: a. The building is an accessory building such as, but not limited to, a garage, storage shed, or carport, whether attached or detached to a main building; except that certain accessory buildings, such as carriage houses, which are presumed to have historic or architectural significance shall be subject to further review as provided in subsection, unless the building is subject to demolition under subsection 2.b. b. Immediate demolition of the building is necessary to protect the public health or safety and the failure to immediately demolish the building would constitute a serious threat to the public health or safety. 3. If subsection 2.a or 2.b applies to the building, no further review shall be required under this Section and the permit shall be issued in accordance with the provisions of the Uniform Building Code. 4. If the Planning Director finds that neither of the exceptions in subsections 2.a or 2.b applies to the building, the demolition permit shall be subject to further review in ORDINANCE NO. Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accordance with this Section. The Planning Director shall transmit the proposal to the Demolition Permit Review Committee, or other official reviewing body established by the City Council, for review, comment, and a recommendation to the City Council. Once the Demolition Permit Review Committee formulates a recommendation concerning the disposition of the proposed demolition permit, the Planning Director shall schedule and duly notice the matter for a public hearing and decision by the City Council. The Public noticing shall indicate the day, time, place, and purpose of the public hearing, and how additional information about the subject matter can be obtained. The public noticing shall be accomplished in the following manner: a. Publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing. b. Mailing or delivery at least ten (10) days prior to the hearing to the owner(s) of the subject property, or his/her agent, and to the project applicant, if the applicant is not the owner. 5. In reviewing proposed demolition permits, and formulating recommendations to the City Council, the Demolition Permit Review Committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: a. has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or b. exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or c. is strongly identified with persons or events significant in local, state, or national history. 6. If the Demolition Permit Review Committee finds that any of the criteria listed in Subsection 5 apply to the building proposed for demolition, it shall recommend denial of the demolition permit to the City. 7. a. The City Council shall conduct a public hearing pursuant to Section 3016.4 of ORDINANCE NO. Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 this Article to consider the recommendation of the Demolition Permit Review Committee, and to determine if any of the criteria listed in Section 3016 (5) apply to the building proposed for demolition. If the City Council determines that any one of the criteria apply, it shall make a corresponding finding to that effect. b. At the hearing, the applicant shall have the opportunity to present evidence that a viable market does not exist for the building, taking into account the condition of the building, the probable cost to put the building into marketable condition, and the uses of the property allowed under existing or probable future zoning regulations. The City Council shall consider such evidence offered by the applicant and any other information presented at the meeting by any interested party or by staff, to determine whether or not a viable market exists. "Viable market" means that it is reasonably likely that the building could be sold within a commercially reasonable period of time for more than the seller would be required to invest in the purchase of the property and preparing the property for sale, or that the property could produce a reasonable return on the amount of money it would take to purchase the property and prepare the building for income producing purposes. "Reasonable return" means the average rate of return on real estate investments in the Ukiah Valley. C. If the City Council determines that a viable market exists: (1) It shall so notify the Building Official who shall not issue the demolition permit. The City Council shall determine whether a viable market exists based on substantial evidence presented at the hearing, or, it may assume that a viable market exists, if the applicant fails to present substantial evidence that a viable market does not exist; (2) Not more than once within any 12 month period, the applicant may submit a new application for a demolition permit and the City Council may reconsider whether a viable market exists: i. upon a showing by the applicant that market conditions have ORDINANCE NO. Page 3 of 7 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 changed; or ii. based upon new information that in the exercise of reasonable diligence the applicant could not have produced at the first hearing. d. If the City Council determines, based on substantial evidence, that a viable market does not exist, the issuance of the demolition permit shall be stayed for a period of ninety (90) days. (1) During that ninety (90) day period, the City shall do the following: i. Determine whether other alternatives to demolition exist, which are acceptable to the applicant, that would preserve the historic, architectural or cultural significance of the building; ii. Determine whether funds are available from any private source for the acquisition and preservation of the building through a negotiated purchase on terms acceptable to the applicant; or iii. If sufficient funds are available from any private source and a negotiated purchase is not possible, determine whether to acquire the building through eminent domain. (2) If within the ninety (90) days, the City does not reach agreement with the applicant or commence acquisition of the building, the Building Official may issue the permit in accordance with the provisions of the Uniform Building Code. (3) Ifwithin the ninety (90) day period, the City either (1) reaches agreement with the applicant or (2) commences acquisition of the building, the Building Official shall not issue the demolition permit. (4) However, the Building Official shall continue to process the application for a demolition permit in accordance with the Uniform Building Code, if the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. ORDINANCE NO. Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 (5) The City Manager or his/her designee shall inform the Building Official whenever the City and the applicant terminate their agreement or the City fails to diligently pursue or abandons acquisition of the building. e. "Diligently pursue acquisition" means taking all steps within the time required by law to acquire the building by eminent domain. f. References to "applicant" herein shall include the building owner. 8. The Planning Director shall provide a written notice of the City Council determination to the applicant. The written notification shall be mailed or hand delivered within five (5) days from the date of the City Council's decision. The notice shall include the finding(s) and decision made by the City Council and a copy of this Section 3016. 9. The applicant for a demolition permit for a building determined to have historic, architectural or cultural significance shall salvage the building materials for reuse to the maximum extent feasible, and shall ensure that upon completion of the demolition, the site is left in a safe, presentable, and clutter free condition. 10. Reconsideration of Decisions a. Grounds for Reconsideration: The City Council may reconsider a decision under this Section within sixty (60) calendar days from the date the decision was made, if information that may have materially affected the decision was (1) misrepresented by the applicant, or (2) not disclosed by the applicant, if the applicant knew or should have known that the information may have affected the City Council decision. "Information" as used herein means matters of fact or law. A decision may not be reconsidered, if all three of the following have occurred. The demolition permit (1) has been issued, (2) did not at the time it was issued violate any provision of the Uniform Building Code, as adopted by the City of Ukiah, or any other City Ordinance or state or federal law, and (3) the permittee has commenced demolition in good faith reliance on the permit. b. Procedure on Reconsideration: Reconsideration of a decision under this ORDINANCE NO. Page 5 of 7 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Section may be placed on the agenda for a regular City Council meeting by any member of the City Council who voted in favor of the original decision. Notice of any meeting where reconsideration is on the agenda shall be provided in accordance with Subdivision 4 of this Section. If already issued, the permit shall be suspended from the date that an eligible city council member requests that the matter be placed on the agenda and until the City Council makes a final decision upon reconsideration. The Building Official shall notify the applicant in writing of the permit suspension. At the meeting, the City Council shall determine, based on evidence provided to the City prior to or during the meeting, whether reconsideration is permitted under subdivision 10. a of this Section. Any motion to reconsider the decision shall contain findings supported by substantial evidence. If upon reconsideration the City Council makes a different decision, the City Clerk shall provide notice of that decision to the Building Official and the applicant/permittee within five (5) working days after the decision is made. If, upon reconsideration, the City Council determines that a building has historic, architectural, or cultural significance, and the Building Official has issued a demolition permit based on the previous decision, the Building Official shall revoke the permit. If the previously issued permit has expired, the Building Official shall deny an application for a new permit, unless the permit is issued in accordance with subdivision 7.d of this Section. SECTION THREE If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Ukiah hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION FOUR ORDINANCE NO. Page 6 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on AYES: NOES: ABSENT: ABSTAIN: , by the following roll call vote: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk ORDINANCE NO. Page 7 of 7 AGENDA SUMMARY ITEM NO. ?h DATE: November 18. 1998 REPORT SUBJECT: REPORT OF ACTION STEPS REGARDING MENTAL HEALTH AND OTHER ISSUES The recent shooting incident in our community was not only tragic but emotionally traumatic for our Police Department and community. There had never been a shooting death by a Police Officer in the history of the City, a testament to the fact that the Department has always strived to exercise other alternatives to deadly force. Though we realize that there can be no guarantees of future circumstances, it certainly has been a time for placing emphasis on introspection, assessment, understanding, and to develop a plan of action for review and problem-solving. To that end, the Police Chief and his staff, the City Manager, and community members have worked together to identify areas for developing improved protocols and procedures, training, and communications. The following is a summary of the issues and action steps developed and initiated, to work towards this goal. Mental Health Intervention Chief Williams personally met with the Mental Health Director to discuss the working relationship between the two agencies and to find ways to improve communications. Staff members were assigned to a joint agency committee to meet, identify issues of concern and develop protocols between the two agencies. The issues identified by the group include communications, procedures for dealing with mentally ill individuals, appropriate situations and circumstances for Police assistance, protocols for those contacts, and training. RECOMMENDED ACTION: Council receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Attachments: N/A N/A Candace Horsley, City Manager 1. Notes of Meetings APPROVED.L-~:~. 4/Can.^SRMH Candace Horsley, '~it~ Manager Report of Action Steps Regarding Mental Health and Other Issues November 18, 1998 Page 2 Achievements to date include the identification and development of specific policies and protocols between the two agencies for working with mentally ill individuals some of which have already been initiated. The committee will continue to research and develop additional protocols to improve the working relationship. In addition, training was identified as a major factor in improving contact with individuals with mental illness. Materials have been received from Sonja Nesh, President of the National Alliance of the Mentally III for Mendocino County, including videos and written materials. She has also agreed to provide direct training to our Police Officers. Sonja has been involved in mental health issues in Mendocino County for many years. Other Contacts and Developments The Police Chief and City Manager have also been meeting and working with a group of citizens regarding some of their community concerns and issues. Areas of interest discussed included protocol for mental health intervention, complaint procedures, safety issues, traffic stops, use of deadly force, and pepper spray. Results from these continuing meetings at this point have produced the following action steps approved by Chief Williams. Diversity Training: The Department recognizes the importance of diversity and sensitivity training and is looking to expand its efforts in these areas. They have received suggestions regarding several professionals who have proven to be excellent trainers, as experienced by some members of the committee. To be effective, the training must be credible and presented in a manner that best suits the needs of our community. We are also going to include training on mediation techniques, not only for the Police Department but any other employees who also have customer contact. Improve Communications: Efforts by the Police to improve communications with residents have been greatly enhanced by the Police Citizens Academy. This program which was created, developed, and implemented by our Police Staff is intended to foster better communications and understanding between citizens and Police. The following courses are offered through the Police Academy: communications, constitutional law, canine training, traffic enforcement, accident investigations, firearm safety, narcotics enforcement, domestic violence, crime scene investigation, juvenile procedures and gangs, use of force, officer safety, fraud/forgery training, and reserve officer programming. The Academy allows citizens the opportunity to obtain greater understanding of the duties and responsibilities of the Police Department. To improve communications with our citizenry, Chief Williams has been meeting with community groups to discuss their ideas and concerns, and has established a pilot project to target minority youth for the Cadet and Reserve Programs. Another Program that has proved quite successful is the Ride-Along Program where citizens are given the opportunity to interact with Police Officers during work duty. It is also a useful way to improve communication between citizens and Police. Another Program that is just coming to fruition is the Community Oriented Policing Program. Officers will Report of Action Steps Regarding Mental Health and Other Issues November 18, 1998 Page 3 focus on community concerns and problems of local businesses and neighbors to assist in solutions. Chief Williams and his Staff have supported the process of developing these policy changes and new programs. He and I will continue to be available and meet with any concerned citizens as issues and community needs arise. Our goal is to allow free dialogue and discussion and for individuals to feel comfortable to speak openly with us about their concerns, whether directly or through a liaison. We also wish to recognize the assistance of Booker Nell, from the Department of Justice, who has been helping to coordinate and mediate several of our meetings, LeCretia Peoples, Laurel Near, and David Lincoln who have been part of our meetings with concerned citizens. The Police Department and City Manager's office have taken several positive steps forward in increasing communication, reviewing policies and protocols, and increasing training opportunities for both citizens and Police. Many accomplishments have been achieved during the last several months and we look forward to further community dialogue as we move ahead with our goal of improving communication and service. 4/CAN.ASRMH Notes from Meetings with Community Group 9/98 Present: LeCretia Peoples, David Lincoln, Laurel Near, Chief John Williams, Philip Ashiku, Booker Neil, Candace Horsley Goal--Through a team effort to develop better communication and trust between the community and City depamnents and staff Discussion Items: 1. Training--The City is looking at expanded training in the areas of diversity, sensitivity, and mental health. We have already arranged for additional training at all levels for mediation, and the Police Department has contacted the Mental Health Dept. to obtain training and also to develop protocols for mental health contacts, which may include a mental health professional in attendance in some circumstances. There was also a question whether our new police officers know this community. All hires in the last years, have been candidates from the Ukiah area. Others hired in the future from outside the area will be given an orientation during theh' field training program. 2. Communication--The group has expressed a need in the community for a mechanism that provides easy access to City staff to discuss concerns and issues, and finding ways to possibly do things better. We need to find a pathway for those that are fearful of talking with 'officials'. Roving City Hall did not meet this need. Discussion centered on having liaisons who could interact with citizens and city staff to be able to assist in the process. The goal would be to give citizens who cmTently do not communicate with the City, to be able to feel comfortable in doing so. Also discussed was how can police officers be seen as a resource and friend in their own communities? We talked about attending events as a liaison rather then in typical police role. Other options are being considered and discussed by Chief Williams. 3. Human rights commission--we all agreed that a county-wide commission would be effective and could se~we all areas of the county with one set of policies, goals, and procedures to eliminate confusion and inequity. M.E.M.O.R.A.N.D.U.M DATE: TO: FROM: RE: September 11, 1998 Candace Horsley, City Manager Kathy Kinch, Administrative Secretary MEETING OF SEPTEMBER 11, 1998 - Mr. Booker Neal Those attending the meeting: Booker Neal, LaCrisha Peoples, Sonya Nash, Candace Horsley, Dan Walker, Jim Mastin, John Williams, Wayne McBride, Laurel Near, John Hill, and Dave Lincoln. Mr. Neal introduced himself and explained he is providing assistance to the City Manager, Candace Horsley, and Chief of Police, John Williams, on issues, concerns, to conclude any misunderstandings, and work together to resolve problems in the Noble matter. Mr. Neal stated the goals of the meeting are: Identify some of the causes. Create a climate to speak openly. To have a mutual understanding and agreement of constructive policies. Ms. Peoples stated that some of the issues she would like addressed are policy and procedures on complaints filed with the Police Department, pepper spray, traffic stops, K-9, and the Cops Program. City Manager Horsley stated that since the Cops Program was explained in detail at the previous meeting, if there were any further questions, they would be glad to answer them. Chief Williams noted that within the last 3 to 5 years the Police Officers that were hired lived in Mendocino County. A benefit in hiring a Police Officer who lives locally is that the Officer is familiar with the community and the City. He advised that the City of Ukiah Police Department received grant funding for the hiring of 3 Police Officers for the Community Policing Program. Those Officers will focus on community concerns and problems of local businesses and neighborhoods, to assist in a solution, a mediator, in resolving concerns and problems. As the community grows so will the problems, however, since the number of Police Officers has not increased in many years and, there is not as much time for Officers to get to know people as we would like to see. Also, job regulations and technology are much more complex. David Lincoln asked if it is a policy to transfer Police Officer from another agency to another. Chief Williams explained when a Police Officer is hired, that individual must go through the entire hiring and review process. Officers do not transfer from one agency to another without extreme scrutiny, like they do at California Highway Patrol. City Manager Horsley stated that individual's must sign a form allowing the City to review in detail their personnel file. Ms. Peoples asked that there be more interaction between the Police Department and the Mental Health Department. Chief Williams stated when a Police Officer comes in contact with a person who has an existing mental condition, or Mental Health calls and asks for an Officer to pick up a person, that Officer makes an observation (5150) of that individual and then transports that person to the mental health facility. He also noted, in some cases, when an Officer transports an individual to the mental health facility or the hospital, the Officer can be detained for several hours until mental health is able to take the client and then Officer is released to return to his responsibility. In the case of Mr. Noble, he was to report to the mental health facility for an evaluation. When Mr. Noble did not show up, the Mental Health Department called the Police Department asking for an Officer to pick-up Mr. Noble and transport him to the mental health facility for an evaluation. Ms. People asked whether a policy and procedures could be established between the Mental Health Department and the Ukiah Police Department on how to evaluate and transport a mental health client. Chief Williams responded the Police Department is currently in the process of meeting with Bob Wolf to set up training sessions between the Police Department and Mental Health, for the all Police Officers, to establish and policy and procedures to assist both departments. Ms. Nash stated in May 1996 the Criminal Task Force recommended the establishment of a Crisis House. The purpose of the Crisis House is for the Officer to transport a client to the house and is then immediately released to return to his responsibilities. There is currently one in Napa called the Napa Progress Foundation. The Crisis House would be a joint venture between Willits, Fort Bragg, and Ukiah. She also advised that there needs to be a mobile crisis unit. City Manager Horsley asked what is the difference between Puff and the Crisis House. Ms. Nash responded the Crisis House offers pre-hospitalization. Ms. Nash noted that a book called "Out of the Shadows" by E. Fuller Torrey, M.D. is an excellent book on mental health issues. Chief Williams stated he would like to meet with Ms. Nash to discuss these issues. He noted that he attends the Law Enforcement Administration Association and Major Crime Task Force which meets monthly, and he will bring these issues to the next meeting for discussion and input on whether other agencies would like to be involved. It was noted that Mendo¢ino County may hire an outside consultant to set up a policy. Chief Williams stated that he is very much interested in establishing a mutual understanding, agreement, cooperation, and training of Officers to assist both the Mental Health Department and Police Officers in working together to help mental health patients and still have Police Officers serve the public. Ms. Nash stated the Dr. Marvin Trotter supports this issue 100%. City Manager Horsley stated when there is a mutual agreement with the Department of Mental Health, Staff, and the City Council, she will be happy to go before the Board of Supervisors to discuss this issue. Chief Williams noted that the Ukiah Police Department is currently in the process of updating the General Orders. Ms. Peoples stated that she had difficulty understanding the complaint form, and asked if there could be more clarification on the form as to the procedures of the complaint (such as who receives the complaint, if the individual filing the complaint feels it was not handled satisfactorily what is there next step, who gets the complaint next). She stated that these steps should be written clearly on the complaint form. She also asked how effective is filing a complaint form, is there an investigation, and what is required to have an investigation. Chief Williams stated there are established policy and procedures for filed complaint forms. Many complaints filed are due to miscommunication and misunderstanding. Most can be resolved by having the Police Officer talk with that individual. If a complaint form is filed regarding a traffic ticket, or if the individual cannot give detailed information of the incident, is not able to explain what happened, cannot explain why that person has a complaint or problem with an Officer, this does not warrant an investigation. It is very difficult to conduct an investigation if the individual does not give his/her name, address, or telephone number. Based on the circumstances will determine if an investigation is warranted, and if the circumstances require an investigation, an investigation will be done. All complaints that have been filed are investigated. Complaints are filed and logged by all Police Officers, and is a requirement of the Law. Ms. Peoples asked if all complaint forms filed with the Police Department are listened to. Chief Williams responded filed complaints are not dismissed and are handled in an appropriate manner, responded to, and resolved. He also noted that a traffic ticket, by law, cannot be dismissed. If determined by the Department that the ticket was issued in error, it is required by law that the Department write a letter to the Court with an explanation, and is resolved through the Courts. Ms. Peoples asked if the complaint form could be modified to show in detail who will review the complaint form and who handles the appeal process. Chief Williams stated he will contact other Police agencies requesting a copy of their complaint forms to review the wording. He noted that all complaints filed with the department are taken serious and resolved in a serious manner and to the satisfaction of the individual. Ms. Peoples asked who will review the complaint forms and how with the issue be resolved. Chief Williams stated he reviews all complaint forms, then assigns to an Administrative Officer for completion. If the individual feels the issue was not handled to their satisfaction, there is an appeal process. The appeal process first begins with the Chief of Police who is responsible to resolve those issues, and is followed by other avenues and recourse, and can also be heard by the City Council. He also noted that the Police Department does not have available to them a lab technician or an internal affairs investigator. Mr. Neal asked if the Police Department has something to give citizens to file as commodations for Police Officer. He stated it is important to build trust and confidence between the pubic and the Officers. He noted that in the complaint form there is a very small paragraph on how to submit commodations for a Police Officer, and would like to see more emphasis on that paragraph. Mr. Mastin expressed the sentences that are in bold are unfriendly. Captain McBride advised when an individual comes into the office requesting a complaint form that individual is asked at that time if they would like to speak with an Officer. The Officer takes the individual into a conference room and to discuss the problem on a one to one basis. In most cases, the individuals complaint has been resolved to their satisfaction without completing the complaint form. Ms. Peoples asked what warrants a traffic stop. Chief Williams responded a traffic stop has to have probable cause such as driving violation, bald tires, mechanical defects, expired license tag, and speeding. It was discussed that when a Police Office makes a traffic stops that Officer calls into Dispatch that he as made a traffic stop. If requested by the Officer the Dispatcher runs a warrant check and runs the license plate number for verification. The Dispatcher logs into the computer the date and time of the traffic stop, vehicle license, reason for the traffic stop, and final result of the traffic stop such as warning or issued a ticket. Also discussed, there is a Vehicle Code pertaining to traffic stop in private parking lots. Captain Walker advised that if an Officer observes a number of violations with a vehicle, the Officer has the authority to impound the vehicle. Captain McBride advised the Citizens Police Academy instructed by Sergeant Barclay covers the issues discussed here today, including traffic stops, K-9 units, pepper spray, and other valuable information. Other issues discussed were K-9 units, and pepper spray. City ML~ag~-Candace Hor~ley, City Secretary ': ~et of PoUc~]o~ Wfllia~ Cap~ M~d* .' ~p~ W~er .' l~ Mas~~ Missioo ~e Ad H~ C~~ee of Conc~, AHCG, w~ will ~w to ~p~o~mately ~~ &~e~, will ~ude repr~ta~ves bom a broad co~~i~ ~ ~ emphas~ on pa~~n~ with mina~ conce~. ~is co~~ee ~fl ~iew the pro~~es ~d general orde~ ~d ~ve ~co~nda~o~ ~or ad~o~, del~flo~ ~angc$ lo ~e ~ ~ager ~d U~ Ciiy Co~. ~ ~CC wffi work wi~ ~e manager to dele ways to problem solve potential ~ict {or ~ ~e~ Back~oun~ David Lincoln, ~el Near. Inquired abou[ ~d requited polic~ ~d pr~ed~es ~nc~$ zbou~ use of deadly force, K-9, Pepp~ Sp~y, prowl ~ men(~ he~ ~te~.n~o~ ~c ~topz, compl~nt pro~d~z and s~eW i~ues ~or ~~ ~om all ~~~fie~.-"See allayed ci[y ma~er no~. ~/I~CC add'seal ~e Ci~ Co~ on ~ ~oHo~ ~once~: ]) Officer ~en Compl~nt Panel 3) Pro~e~ of ~vez~gafio~ 4) Re~e~ to be on ne~ Ci~ agenda ~/~7/9~Mee~ ~th ~ Manag~-Candace Horrid, ~e~ Wi[li~, David ~~- Ci~ A~tomey, Pbillip As~u-Ci(y Cou~l ~mber, B~ker Ne~ ~d ~C~ Verb~ly reques~ ~H&es and pro~dures tot ~e same above i~. -9/9/~~e Ad H~ ~~ Co~~ee of Concern s~t ~ offi~ le~ r~u~~ ~VE~~ CODE 62~ ~ a~a~ed l~er 9/9/~) Use of Deadly For~ U~ o~ Pep~r Spray Routirm Traffic Stops/Enl~orcement K-9 Use Prom. col for Mental Health Intc-rvention Complainl Procedures and Form Div~n'slly Training for Officers ~H~C~C'~ Goal of m~ltin~__9/_ll/98: 'q'he g~l of t~s me~ng is to Eel ~~on of po~d~ ~ ~o~~ ~ w~~ to have some points of ~d~st~~g of how Uki~ PoH~ ~~ o~~, ~d to dev~op a pl~ of a~on whe~ ~ed. We an~pate t~s mee~ ~ ~t 3 ~ 4 ho~. ~oker Ne~ U.S. D~a~ent of Justice ~ be ~e ~cffitator.' ~Rer to C~dace Ho~l~, 9/~/~, ~ker Neal inbound ~e m~~. ~, Ne~ d~n~ ~s role ~ ~ ~e~g w~ to ~diate ~sundemandmgs, lay out ~ideHn~ for ~mmuni~tiom, assist ~ ~~ a ~st~ of co~~~on for present ~d ~re wo~ (see aRach~d ~ ~idelin~) ~. Nesch ~odu~d ~o ~deos, which dis~ss worki~ ~ the m~l~ ~. She a~o ~duced ~e boo~ "Su~iving S~op~e~". She m~e reco~en~fions ~r 1) a ~sis house, one in Fort Bragg a~ one ~ U~ah. 2) an expe~e~ed, ~ained and · q~pped mobile m~t~ he,th te~. ~e suggested these p~~ be ~ by ~ ~bHc Haalth Dep~ment instead of ~ Men~ H~alth ~pa~enL Chief Williams and C~dace Horsl~ stated ~at th~ w~m ~~t~ in such an id,a b~~ !~.wo~d ~e a work load off of th~ ~Hc~ r~n~g to ~ose ~ ~s. ~y wo~d ne~' more ~o~afion. Candace Horsley spoke of the ~n~pt of s~n~e~ lhe ~H~ce with other dep~~g ~d saw ~t ~ndace said she was v~ intar~ted ~d would ~ke to ~ ~her ~th ~, N~. C~ W~~ said t~t he ~d Bob Wolf wRl be m~~ 9/17/~ to d~op poH~. ~. L~co~ r~quested ~at someone kom the Men~l Heal~ DepoSit be ~~d ~ ~ ~t~ to ~y me~~ of ~CC wi~ city ~ger ~d ~ Police D~~ent ~. Ne~ s~g~ted that ~r Chief Williams and Bob Woff m~i ~t tha Ad Hoc Co~~ee wo~d review ~e mat~M and a represeniafive ~om ~e Men~ Heal~ Depa~ent could be invit~ to the next me~ng with ~e d~ and UPD_ No ~e obje~ed to t~. On behalf of the Ad Hoc Committee, LaCretia Peoples requested the fo/lowing General Ord,: 1) Wr/t~en Pol/ces & Procedures for intervention with htdividuals with mental illness and .hw en/orcement. Response: Chief Williams sidled iai he is scheduled to meet with Bob Wolf 9/17/98 ~o develop Ihose poli~e~. He stated there are currently no written procedures interfacing mental health and law enforcement. Perhaps the policies will be read), in the next month. Ms~ Peoples asked if NAMI representative, Ms. Neschcould be at that meetin§ 9/17/98. Response: Chief Williams said no. He stated the purpose of Lhe meeting is to establish UPD relat/onship to mental health, lie said he would like to meet with Ms. Nesch prior to the 9/17/98 meeting, He would also like to discuss officer training with her. 2) Written Polices & Procedures or General Orders for Police. Response: Chief Williams is currenUy relooking at General Orders. Not available at this time. AHCC is welcome to come look at them and take notes. (Attached is ACLU # giving citizens the right to these orders within 10 days after request.) 3) Written Interagency "pursuit policy". Response:. no response recorded. 4) "Complaint Procedure Form" Ms. Peoples suggested that, a) step by step instructions for the appeal process be added to the complaint procedures. Chief YVilliams stated thai he prefer to verbally inform the complainant of the appeal process. Ms Peoples introduced an example of a complaint procedure process from the "Principles of Good Pohcing-3/93 USDJ Community Relations Service, b) all complaints be investigated and put into of~icer~ file, c) separate the complaint form from the compliment/commendation form. Ms. Peoples inquired what standards are used to determine which complaints are investigated. Response: Chief Wi_Uiams said since they are a small department they don't have a separate internal affairs department. The watch commander on duty at the time hears the complaint and decides. Mr. Neal asked if there is written general orde~ for the complaint procedores. Chief Williams said the form itself is basically the general order. Jim Mastin suggested tal~ing out the bold lettering on the form to make it a "less aggressive, triendlier form". Mr. Lincoln asked how many complaints the department receives in a year. Chief Williams stated very few. Captain Walker stated that he Finds most complaints are misunderstandir~s. Captain McBr/de stated they try to "mitigate" the complaint by listening to the complaint and having the officer talk directly to the complainant. 5) Written Policy for Stops- Mr. Lincoln asked ii there was a written policy for stop~ Response: Captain Walker said yes. Probable cause for stops, are mechanical, drivLn$ violation, tires, speeding etc. Mr. Lincoln asked if all ~op~ are logged. The Captain said that all stops aze logged, however, there are times when the police are very busy ~at the stop ~ not loggY. ~. L~coln ~ de~~ ~ ~dent w~ch he v~ew~ wh~ "g~~y accep~d ~~" di~'t ~eem to be ~ed out. ~. L~~ ~e wo~ 'autonomo~ and di~efiona~" de~s much of what a po~ ~r d~. ~p~ Wa~er a~eed ~t ~e~ words define mu~ of what a ~H~~ d~. Mr, Lin~ d~b~d ~o~ty ~n~s a~ut "se~ra~y accep~d ~des" and do ~~m~n o~ate ~s way, the ~ncept of D~Dri~g ~e Bla~, ~d the ~mt bill ~ Co,ess. ~. ~ncoln ~ated he wo~d be hap~ to ~ out co,laSt ~ fo~ ~m ~ef W~lia~. ~ef Wgli~s neither a~owi~Bed not gave ~. Ltnco~ the ~laint 6) W~tten ~~ for ~ve~i~ ~~. As yet ~ey ~ve ~ w~ ~~ for t~ ~ of ~~~. ~. Neat s~w~ co~ of one example of a ~ai~. ~ef W~li~s a~eed t~t it shoed be add~ to ~e~ ~ai~B and ~t it should ~ spe~z~ ~ Wti~en Polities ~d ~o~d~es: Use of ~adly fo~, K~9, Use of P~r 5~ay. ~e~les ~ested ~en Poli~ ~ ~oced~ on above. C~ef W~a~ stated ~t ~e ~CC m~ come to ~e ~i~ Ponce D~a~ent and l~k ~ their Genial Action ~la~ -C~ WBI~ w~ ~et with ~. N~ to d_~ss o~cer ~ai~ when t~~~ to ~divid~ ~ ment~ illness, ~o~ation on devetopin~ a ~ ~ house and mob~e ~t etc. ~e will ~so br~ ~ ~~a~on to ~e money Law ffnforcement Admi~atozs ~ee~ff- ~ajot C~mes Task ~o~e. ~ef ~o~ W~ia~ w~ ao~ ~e ~CC when ~e po~c~ ze~r~ with meatal Ulness w~ be ready for ~w by the Ad ~oc Co~~ee. -~s. Peoples ~d ~. Ne~ w~ me~ ~ C~ef ~o~ W~~ ~ ~eat~ a ~v~i~ ~~g pro,am that ~ e~e~ly s~ted ~t ~i~ law ~cemenL ~1~ dis~ss how o~en ~ trai~ shoed ~ o~ered ~d ~b~h ~en C~ef Wi~~ wal look at ~mpl~t fo~s kom ~ d~ and eo~et ch~gm .~ requited ~om Ad Hoc Co~~ee ~d sugg~o~ ~om o~s at mee~8 ~sted above. -~. ~1~, ~. LJnco~ ~. ~!1 a~ Ms. Near ~ meet ~ ~pt~ McBride to l~k at ~en ~offces for a) the Use of ~eppet gpray, b) use of K-9, c) ~e , -~. Neat sugges~d ~t ~o~s ~om ~ ~et~, ~. N~ ~d Booker ~ ~ ~en up sep~ately. ~ese notes wo~d b~ compge~ and eye, one at ~e mee~ would si~ o~ on them to be sent to the press. This was aS;reed on by fltose presenL MATERIAL GIVEN TO CHIEF WILLIAMS- 1) Model Policy Dealin~ with the Mentally Ill 4/97 IX)J, from Mr. Mc.N~! z) Addressing Police Misconduct-U.S. Department of Justice, $/99 Civil Ri§h~s Division 3) Hate Crimes axticle, City of Richmond 4) SFPD Psychological Illne~ Response Team, Prolx~sal '95 STILL TO COM1/: -M~. Peoples will send 1077- National Organization of Black Law Enforcement-NOBLE -Mr. Neal will send to Chief Williams 30 copies of "Principles of Good Policing; Avoiding Violence Between Police and Citizens"-U.S. Department of Justice 1993 Ivir. Neal will be attending a l-I~te Crimes Conference soon- Chief Williams was interested in lhe information on this and possible furore trail~hl§. Mr. Neal will s~nd materials to Chief Williams. Traffic Stops, DWB- Driving While Black AGENDA SUMMARY ITEM NO. ?c DATE: November 18, 1998 REPORT SUBJECT: REPORT REGARDING WEED CONTROL METHODS At the October 1,1997 Council meeting, staff presented a report to the Council on the various techniques used to control weeds within the City limits. The Council requested that staff investigate alternative methods of weed control with the goal of eliminating the use of herbicides by the end of December 1998. History. The Divisions within the City which conduct herbicide application programs are the Parks/Golf Maintenance, Public Utilities, and Street Departments. Each Department has trained and certified personnel in charge of implementing the specific program for vegetation control. Pesticide applicators must pass a State of California Qualified Applicator's Exam, and are required to complete at least 10 hours of state prescribed continuing education per year for recertification. This rigorous education and testing program is conducted by the State of California Pesticide Regulation Department. Prior to use, a written recommendation as to proper material and application rates must be secured from a State of California Certified Pest Control Advisory. Additionally, the Mendocino County Agricultural Commissioner's Office inspects the Street Maintenance Division's spraying operations and safety program. The City has never been cited or reprimanded for any violation of state regulations. The three products used by the City were RoundUp, Surflan, and Weed and Feed fertilizer, all of which are available over the counter and carry a label denoting the lowest possible level of relative toxicity and minimum hazard designation. CONTINUED ON PAGE 2 RECOMMENDED ACTION: Council receive report and approve proposed Integrated Weed Management Control Program. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Attachments: Committee City Council Candace Horsley, City Manager Memos from staff; October 1, 1997 council report; letter to committee member 4/Can. ASRHerb.4 Candace Horsley, ~it~Manager Report Regarding Weed Control Methods November 18, 1998 Page 2 Ob!ective Though in the past, conventional weed control techniques have relied substantially on the use of chemical herbicides, staff has spent the last year investigating ways to provide the City with long-term, cost-effective weed control measures while reducing the risks associated with weed control to both workers and citizens. PROCEDURE FOR ACTION STEPS The following action steps were taken to provide the data measurements necessary to analyze various alternatives to weed control: . . . Professionals and technical experts in the field of weed control were contacted to provide information and guidance to staff in the realities of the various alternatives to weed control. Utilizing the skills of this group of experts not only enhanced the quality of the process but also provided credibility to the data results. Also included were members of the community who are practicing various alternatives to weed control besides the use of herbicides. Several Departments eliminated the use of herbicides as of January 1998, with the goal of observing the effects of alternative methods to report actual results by the end of October. Data tabulated included long-term effectiveness, cost, time efficiencies, health and safety, and training. Staff contacted other selected reference cities that currently use alternatives to herbicides to obtain additional weed control techniques, and personally observed applications of alternatives by the State Department of Transportation. ALTERNATIVES USED ANI~ INVESTIGATED The Public Works Department is responsible for weed control on the corridors of State Street, portions of Gobbi Street, Perkins, and the downtown core. The majority of weed problems occur along sidewalk, curb, gutter, and cracks in the asphalt pavement, which do not allow the use of a mower. Two methods were used by Public Works Department during the past year; mechanical removal and spot burning. Mechanical methods included the use of a wire brush wheel on a converted lawn edger. Torch burning was specifically used in gutters and on curb sidewalk joints. The Community Services Parks and Golf Divisions ceased all applications of RoundUp and Surflan. Mechanical methods were used to achieve weed abatement in the 48-acre park system. This included placement of cover materials, string trimming in perimeter grass areas, and extensive manual removal of weeds from landscape and hard scape areas and tree wells. Report Regarding Weed Control Methods November 18, 1998 Page 3 The Utility Department controls weeds only on the grounds of their facilities. This Department also eliminated the use of herbicides in the first part of the year and attempted weed abatement strictly by mechanical means. Additional mowers and weedeaters were purchased to keep high fire hazard areas under control. Other types of non-herbicide methods that were investigated include corn gluten meal, currently in its pilot project program with Caltrans, and various types of household chemicals. Staff met with Glenn McGourty, the Cai State Agricultural representative in this area, and with Dave Bengston, the County Agricultural Commissioner, to discuss the non- chemical weed control methods of vinegar, soaps, bleach, and oils. We were informed that our certified applicators cannot use non-registered materials or their licenses will be in jeopardy. Household chemicals, such as aspirin and bleach, are highly toxic and they strongly recommended that these materials not be tried in any way due to water/ground contamination. Though some household chemicals, such as vinegar, may be used by private parties, the City does not have the flexibility to use them if they are not registered by the state under our current certifications. Currently only one type of vinegar has been approved by the state for herbicide control but it is 30% more concentrated than household vinegar and it is also strongly recommended that it not be used, as it is highly acidic and migratory. If used, a mask and gloves must be worn as it is much more toxic than RoundUp. We are also currently exploring the potential use of the alternative organic product corn gluten meal (CGM). This product is a non-selective, limited pre-emergent herbicide applied in granular form and when introduced to the soil releases rhizomes which eliminate the vegetation within the soil upon seed germination. According to the distributor, CGM is generally applied once in the fall, with a follow-up application in the spring. It can be used safely on all turfs, as well as flower beds and open soil areas. At this time, we have no time tested experience with this product but we will be purchasing a limited quantity to begin applications for the next growing season to determine the total effectiveness of the product. Discussion and Results We experienced a wide spectrum of results, including some successes and some failures, from the elimination of herbicide use. In many areas it was found that mechanical means worked well and quite efficiently, however there are associated impacts of these alternatives which need to be discussed. . Mechanical methods do not get the roots of many weeds in the concrete and asphalt areas. Burning cannot be used in the asphalt as it destroys the asphalt material. Weedeaters only get the top of the weed while the root continues to grow and breaks up the asphalt pavement. This will also cause a denser growth of Report Regarding Weed Control Methods November 18, 1998 Page 4 . vegetation in the upcoming years. Until there are effective alternatives for adequate control, the problems associated with mechanical methods will only increase over time. Mechanical methods generally equate to an increase in staff and equipment costs. Although this year current staff performed all weed control measures, time constraints to complete the normal duties and projects of the department would require the assistance of additional workers if the same techniques were to be applied again. In the Community Services Department the cost of using mechanical means for all flower beds and landscape areas is estimated to require two 32-hour per week service workers, eight months per year, at an additional annual salary expense of $24,000. Much of this time is required to remove weeds from bedded areas that also have other vegetation and hard scape areas, and staff cannot effectively reduce the weed population by mechanical means except by individual removal by service workers. Approximately $12,000 per year is estimated for the Water and Wastewater Plants, if total mechanical means are to be used. This is to keep high fire hazard areas under control and does not include sub-station landscaping maintenance. The Public Works staff must return to the same area two to three times within the growing season as mechanical removal will not destroy the roots in many weed species and the plant will continue to grow throughout the season. It is not prudent to wait until the end of the season to cut down weeds, due to the high risk of fire, and also the demand on street personnel for other needed maintenance activities. Weed control in certain areas required eight times the amount of staff hours due to the requirement for returned visits to the same site during the growing season. . . , Though herbicide use is reduced, there is an increase in both noise and air pollution from weedeaters and torch burners. As more weeds go unattended, the aesthetics and risk of accidents in the various areas, such as downtown will become more critical with time. There are certain health risks and associated liabilities with mechanical removal of some plants such as poison oak and puncture vine. ACTION PLANS AND RECOMMENDATIONS In the past year we have found several alternatives to weed control that are safe and effective. Through the use of mechanical weedeaters, mowers, burning, and prevention planning for future design of landscaped areas that will include weed barriers, woven fabrics, and mulches, we will be able to reduce our need for herbicides to a minimum. Based on the results of our study and taking into consideration the relevant factors of excessive cost, fire danger, lack of effective alternatives for certain situations, and possible Report Regarding Weed Control Methods November 18, 1998 Page 5 health issues, staff is recommending the following Integrated Weed Management Control Program. The Utilities Department can immediately reduce their herbicide usage by 90%, with the use of weedeaters, mowers and with assistance from the Fire Department for controlled burning. Community Services will continue to develop eradication programs through the use of the pre-emergent Corn Gluten. Public Works has totally eliminated all insecticides, and instead uses a soap/water mixture to control aphids on public trees. Through this year's pilot program, they are also able to reduce their use of herbicide by 5 gallons to 3 gallons for use only in very selective identified sites. The only areas that staff would recommend the use of the herbicide RoundUp be continued is: , . . In very limited spot-spray areas where mechanical methods are ineffective or so labor intensive that the cost does not justify the methods we currently have available to us. Where asphalt would be destroyed by the proliferation and growth of weed roots which can not be destroyed under current mechanical methods resulting in costly replacement of asphalt in a short period of time. Areas where current alternatives to weed control have not been found to substitute for an herbicide, such as fungus growth on the Golf Course greens. Both Glen McGourty and Dave Bengston discussed the use of RoundUp with staff at our meetings. We were informed that Roundup has a 25 year history of usage, with testing being performed by professional laboratories, unaffiliated with the chemical companies. It is less toxic than chlorine, bleach or the approved vinegar alternative. It is non-migratory and extremely short lived in the environment. Glen McGourty will be at the meeting to discuss weed control management and to answer any questions you may have. Based on the pilot program instituted this year, staff is recommending a balanced Integrated Weed Management Control program which will incorporate mechanical methods, restricted use of herbicides, plans for all future landscape areas to include design incorporation of weed prevention techniques such as weed barriers, woven fabrics, and mulches, and to continue to investigate, research and perform pilot studies on new alternatives as they become available on the market. MEMORANDUM DATE: July 24, 1998 TO: Candace Horsley, City Manager FROM: Larry W. DeKnoblough, Director of Community ServicesJ-v~ SUBJECT: Community Services Pesticide Use Update Prior to the City Council's action to eliminate use of Pesticides on City property, the Parks and Golf Divisions of the Community Services Department had reduced its regular pesticide use down to the application of only three products. These consisted of Roundup (4 gallons annually), Surflan (2 gallons annually), and the granular application of weed and feed fertilizer intended to eliminate broadleaf in turf areas. The total acreage maintained in our park system is 48.2 acres and approximately 85 acres of Golf Course, totaling 133.2 acres. This amount of area equates to a total annual rate of application of only three ounces of Roundup per acre, per year. This level of application is a direct result of a conscious effort on the part of City staff to reduce not only the amount of materials to the lowest level possible, but also to limit applications to the safest material available. Since the Council's action, Parks and Golf has initiated several steps to begin implementation of the ban and assess the impacts of such a program. As of May 1, 1998, both divisions have ceased all spray applications of both Roundup and Surflan. The weed growth which has resulted over the subsequent three month period has required the use of two Park Service Workers, dedicated to weed abatement of the 48 acre park system. This includes increased placement of cover materials, string trimming in perimeter grass areas, manual removal of weeds from landscape and hardscape areas, and tree wells. In order to maintain this program on a permanent basis, we would be required to dedicate this amount of staff time for the entire eight month growing season. The cost of this program, if implemented permanently, would initially require two, 32 hour per week Service Workers, eight months per year, at an annual salary expense of $24,200. In addition to the salary expense, further costs will be incurred for materials and equipment such as weed cloth, cover material, string trimmers, hand tools, and fuels. Transportation, such as a service truck, will also be required and may be the largest initial expense. I have based this cost estimate on the short term experimental program conducted this summer and would anticipate a significant increase in the time demand for a longer term program. This is due to the lack of immediate weed growth as a result of the use of the pre-eme~:~ent Surflan. Once this inhibitor has been depleted and weed growth resumes, the areas requiring maintenance will significantly increase, subsequently requiring increased attention. If we are to retain the current level of maintenance, which the public expects within our parks system, I would estimate the cost of a long term program to be approximately $30,000 per year. It is important to note that the staff time and costs which I have identified, are limited only to the Parks and does not include any maintenance related to municipal parking lots, substations, golf course, or other City owned properties requiring landscape maintenance. These figures compare to our current spray program which requires one applicator for fifteen hours at an annual salary expense of approximately $250, plus four gallons of materials at less than $100 per gallon. Including training and certification, transportation and equipment, the annual cost of our spray pro. gram for Parks and Golf is less than $2,500. I have discussed this issue at length with my staff and they have expressed both concern and confusion as to the implementation and effects of this program. They have also expressed concern regarding the use of staff time and funds, which could be utilized to provide badly needed improvements to our parks, for the manual eradication of weeds. Should the necessary staffing not be available, our staff was adamant that they could not meet the demands of this program and continue to provide the high quality of maintenance the public expects of our parks. In addition to these concerns, Community Services staff has requested clarification as to whether the ban is on all pesticides or just herbicides, and if the ban applies to all City properties or just applications by City staff. The concern regarding the materials banned is related to the list of regulated materials published by the State of California Department of Pesticide Regulations. According to that list, several of the mandatory pool chemicals such as chlorine and algecides would be banned by the Council's action. If this is the case, both Community Services will need to plan for the purchase and installation of new water treatment equipment at the Community Swimming Pool. Community Services also uses several custodial sanifizers which are at least partially listed and would come under the ban. In addition, pesticides are used on a regular basis at all City facilities for the control of ants, wasps and other insects. Staff would also request clarification as to whether the ban will apply to all City properties, including those being leased or utilized by outside organizations such as the Men's Softball League, Little League, Rusty Bowl BMX, etc. Many of these properties are directly adjacent to City facilities,, such as the Water Treatment Plant, or are in environmentally sensitive areas such as the Gobbi Street River Park. I believe that if it is the Council's goal is to eliminate City of Ukiah sponsored use of pesticides, these issues should be clarified. LD2 SPRAY.MEM M.E.M.O.R.A.N.D.U.M DATE: May 19, 1998 TO: Candace Horsley, City Manager FROM' Rick H. Kennedy, Director of Public Works/City Engineer RE' SUMMARY REPORT REGARDING VEGETATION MANAGEMENT PROGRAM UNDER THE JURISDICTION OF THE PUBLIC WORKS DEPARTMENT As you requested, I am providing this Summary Report which outlines our current weed abatement management practices which are observed by the Public Works Department subsequent to the new policy for vegetation control established by the City Council. New Policy: The use of herbicide for the control of vegetation within City- owned or controlled properties is prohibited after December 31, 1998. Vegetation management within the Public Works Department is performed by the Street Division. The vegetation management program is a limited program constrained by available resources and it consists of weed removal from street pavements, sidewalks, curb and gutter, parkways abutting City property, street landscaping areas, the property located at the corner of Talmage and Waugh Lane and pedestrian access areas. The program also incudes vegetation removal where vegetation is obscuring traffic control signs. Vegetation control and landscape maintenance within the median islands on Airport Park Boulevard and the planters along School Street and within Clara Avenue and Ford are or will be maintained by others. Landscaping maintenance between the curb and property line (referred to as the parkway) is the responsibility of the abutting property owner. Prior to the announcement of the new policy, the vegetation management Program included the use of roundup, a post-emergent herbicide, within selected public rights- of-way applied in a spot spray manner. The selected areas included portions of Smith Street, Mason Street, Standley Street, Perkins Street, Hastings Avenue, and Gobbi Street and all of State Street. Spot spraying with roundup was also performed along the pedestrian pathway between the highway and Oak Manor Elementary School and along the landscaped parkway on the east side of Bush Street north of Arlington Drive opposite Frank Zeek Elementary School. The annual usage of roundup was approximately five (5) gallons concentrate. Although the no herbicide application policy is not effective until the first of next year, the Public Works Department has already eliminated the use of herbicide from its week abatement arsenal. Spot spraying with roundup has been replaced with mechanical removal which is accomplished with gas/oil fueled weed eaters. The initial mechanical removal takes anywhere between two to three times longer than spraying depending upon the density of the vegetation because of the gathering and removal of the cut vegetation. With spot spraying, physical removal or pickup of the vegetation is not needed because it decomposes and vanishes after it dies and dries. Because the vegetation will grow after it is cut, it is necessary to return to the same area two to three times within the same growing season. For the same growing season, mechanical removal may take up to 27 times longer than spot spraying for the worse case scenario (3 x 3 x 3) or perhaps 8 times longer in most cases (2 x 2 x 2). To reduce the impact to the time we have available for weed abatement, we will begin modest capital expenditures in the placement of woven landscape fabric and either bark or course mulch along planted areas such as the Bush Street location and perhaps the parkway along the Airport (which we mow today) and the pedestrian walkway to Oak Manor, and the strip along the south side of Hastings. I do not know what this modest capital expense would be. Of concern to Jim Looney and I is the mechanical removal of weeds in asphalt pavement, curb, gutter, and sidewalk. As you know we cannot pull these weeds with their roots intact. Removing the weed at the base of the stem will encourage growth including the enlargement of the root system. An enlarged root system will cause the breakup of pavement and spalling of concrete surfaces. I have included within the pending Street Division budget the acquisition of a propane tank and wand to flame or burn the weeds in concrete. Unfortunately, we cannot burn weeds in asphalt pavement because of the damage it would do to the pavement. We'll just have to live with weeds in pavement, and replace the pavement when the root systems have destroyed the surface. RHK:kk R: 1 \PW MHORSLEY.24 SEMi~"R%f,,~_VE., UKIAH, CA 95482-5400 30O · ADMtN. 707/463-6200 · PUBLIC SAFETY 463-6242/627~ · FAX # 707/463-6204 · July 27, 1998 Sheila Olivera PO Box 272 Redwood Valley, CA 95470 Dear Ms. Olivera · On behalf of the City Council and staff, I would like to thank you for offering to take part in our process and goal of reducing herbicide use within the City'limits. in the last 10 years the City has reduced its use of herbicides from 50% to 80%, depending on departmenta! function. The City Council took action several months ago directing staff to investigate the possibility of eliminating the use of herbicides by December 1998. Since that time, we have researched various other methods of weed control, consulted with experts in both agricultural and the U.C. system, and have continued to reduce our use of herbicides by a significant amount. At this meeting, with your assistance, we will be reviewing current methodology and possible new techniques for controlling weeds on City property and the public right-of-way. We will also be hearing from experts in the field and receiving input from all members of the Committee. Staff will be presenting our current weed reduction methods, along with estimated costs of alternatives and the associated benefits. Enclosed please find staff reports from all of the Departments within the City system that use herbicides, on their use of herbicides. Karen Yoast will be contacting you soon to set up a convenient date and time that meets your schedule. We look forward to meeting with you; and, in the meantime, if you have any questions, please feel free to contact me at 463-6213. Sincerely, Candace Horsley City Manager CH:ky 4:Can:LHerb '¥/e Are Here To Serve" AGENDA SUMMARY ITEM NO. 9b DATE: OCTOBER 1. 1997 REPORT SUBJECT: REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH At the September 17, 1997 City Council meeting, CalTrans presented its Herbicide Spray Application Program for use within the State rights-of-way. The Council subsequently requested a report by City Staff regarding similar use within the City of Ukiah by City forces. Identified in the following report is a brief history of previous spray practices and the measures taken to date to increase safety and reduce the overall application of herbicides. The divisions within the City which conduct herbicide application programs are Parks/Golf Maintenance, Public Utilities, and Streets with each department having trained and certified personnel in charge of implementing the specific program for vegetation control. Our pesticide applicators must pass a State of California Qualified Applicators exam and are required to complete at least 10 hours of State prescribed continuing education per year for recertification. This rigorous education and testing program is conducted by the State of California Pesticide Regulations Department. Prior to use, a written recommendation as to proper material and application rates must be secured from a State of California Certified Pest Control Advisor. The State of California also requires monthly pesticide use reports to be submitted to the County of Mendocino providing (continued on page 2) RECOMMENDED ACTION: Receive report regarding City's use of herbicides. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine additional information is required prior to receiving report and identify meeting date at which to return with report. 2. Determine report is not desired and proceed to next agenda item. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: NA Requested by: NA Prepared by: George Borecky, Acct. No.' N/A Coordinated with: Attachments: Water/Sewer Operations Superintendent, Larry DeKnoblough, Director of Community Services, and Rick Kennedy, City Engineer/Director of Public Works, Michael F. Harris, Assistant City Manager and Candace Horsley, City Manager None APPROVED: Candace Horsley, City ~,~anager REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH OCTOBER 1, 1997 PAGE 2 local oversight of all applications. Additionally the Mendocino County Agriculture Commissioner's office inspects the Street Maintenance Division's spray operations and safety program. The Council should note that the City of Ukiah has never been cited or reprimanded for any violation of state regulations. Three products are used throughout the City: "Roundup", "Surflan", and "Weed and Feed Fertilizer". All of these materials are available over the counter and carry a "Caution" label which denotes the lowest possible level of relative toxicity and minimum hazard designation. Many common household cleaners such as bleach and kitchen cleanser carry the same or a more severe designation. "Roundup" is a post-emergent, systemic herbicide with no soil residual activity. It gives a broad spectrum control of many annual weeds, perennial weeds, and woody brush. It is a water soluble liquid formulated for dilution. It is classified as a Category E non-carcinogenic material with a "Caution" label for minimum toxicity. 'Surflan A.S." is a pre-emergent herbicide for the control of most annual grasses and select broadleaf weeds by disrupting growth at germination. It is available in either water soluble liquid or as a granular form. This product is also listed as a non-carcinogenic material with a "Caution" label for minimum toxicity. 'Weed and Feed Fertilizer" is a broadleaf herbicide in granular form combined with fertilizer for application on turf areas. In the Parks Division the material is applied by a walk behind spreader which broadcasts the granular material in approximately ten foot radii. Use of this product is limited to the Parks/Golf Maintenance division. The specific locations and details of each department's application are presented here. ELECTRIC, SEWER, AND WATER: The Water/Sewer Division currently conducts all of the herbicide application for the Public Utilities Department (including electric). Spraying is conducted to control weeds at the facilities as well as controlling blackberry bushes which are almost impossible to control by hand cutting. In addition to the reports and recommendations from outside agencies relative to spraying, the Water Treatment Plant is required by law to routinely sample for Glyphosate, the active chemical in "Roundup". No trace has ever been detected in our water. Mowing is still the mainstay of the Public Utility weed control program. However, in June 1997, the Fire Department conducted a training burn at the Wastewater Treatment Plant which provided valuable training to firefighters while minimizing the weed population. Staff hopes to expand this program in areas where safety can be insured. PARKS: The Parks Division currently conducts a seasonal spray program consisting of the annual or semi-annual application of the three primary herbicides noted earlier. The current use of herbicides has been reduced significantly over the last 15 years. Materials such as Simazine and Amitrol, were once widely used in the parks. These materials were not only more toxic, but were often applied by boom sprayer utilizing non-certified and often untrained personnel. While many of these more severe materials are still available for use, the City of Ukiah has voluntarily chosen to eliminate them from our program. Boom REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH OCTOBER 1, 1997 PAGE 3 spraying in the parks was eliminated approximately ten years ago in favor of the more selective hand application, and a conscious effort was initiated to reduce the amounts of spray as education regarding safety and materials increased. Since that time the Parks Division has continued to implement a philosophy of application on a as needed basis only, with an overall 50% reduction of materials and costs. However, the more significant reduction statistic, in terms of public safety, is the transition to safer, less toxic, over the counter materials, with non- migratory properties. Currently, the application is only to select areas with the intent of reducing labor in otherwise significantly labor intense areas such as fence lines, along walls and buildings, park fixtures, and planter areas. Approximately four-five gallons of 'Roundup" and two-three gallons of "Surflan" are used annually. All spray activities are conducted in the early morning hours, prior to 7:00 a.m., providing a minimum of wind disbursal and allowing the appropriate reentry period prior to use of the parks by the public. Material Safety Data Sheets (MSDS) are present and available for public review at all times and on ali locations where spraying is conducted. Parks Staff readily reviews these sheets if and when a citizen inquires as to the material being applied. Also no sprays are used in areas where there is general public activity such as lawns or near playground areas. Alternative means of weed control are continually being implemented to further reduce usage such as application of bark, mulch, soil barriers including cloth and plastic, and increased use of drip irrigation. STREET MAINTENANCE: The Street Division has a very limited herbicide spray program. Approximately 40 man hours per year are dedicated to spot spraying a minimal area within the City twice a year. The Division utilizes only "Roundup" applied to the surface of weeds and unwanted vegetation during a plant's growing stage. Approximately five gallons of "Roundup' concentrate are used per year. The areas within the City whore "Roundup" is used are the corridors of State Street and portions of Gobbi Street from State Street to US 101, Perkins from State Street to Leslie Street, Bush Street from Arlington Drive to Garrett, Smith Street and Standley Street from State Street to Mason. The pedestrian path from Oak Manor School to Orchard Avenue is also treated with Roundup. Roundup is sprayed in a continuous manner along the sidewalk edge and curb line of Hastings Avenue. The herbicide is either applied from a portable and towed chemical tank with motorized compressor and spray wand or a small chemical hand pump sprayer with wand. The majodty of our weed problems occur along sidewalk, curb and gutter, and cracks in asphalt concrete pavement which do not allow the use of a mower. Because of this, there are only two feasible alternatives available to the Street Division which can replace the herbicide program. These alternatives are mechanical removal with hand equipment, such as a weedeater or a spade, and spot burning with a propane tank and wand. Mechanical removal with hand equipment can eliminate the plant above the surface but it will not remove or destroy the root system. It is estimated that the mechanical removal alternative will require at least twice the man hour effort as that of the herbicide program, REPORT REGARDING USE OF HERBICIDES BY CITY OF UKIAH OCTOBER 1, 1997 PAGE 4 because of clean-up and removal of the cut vegetation. It is also possible that the treated areas will require three visits per year instead of two treatments with the herbicide. Therefore, the estimated man hour effort for the same level of work under the herbicide program is 80 to 120 hours. More time spent on weed removal means less time available for the other high priority programs such as permanent pavement patching, crack sealing, sign maintenance and replacement, pavement marking maintenance, maintenance of storm drainage facilities, and personnel support for the landfill. The spot burning of weeds would most likely destroy the root system of the unwanted plant and would reduce the amount of vegetation clean-up, however, it is perceived that this method of vegetation removal would not be acceptable to many individuals in our community. SUMMARY The present Citywide herbicide program has been significantly reduced and is strictly regulated. These materials are only used in situations where hand work is ineffective and inefficient. Though alternatives are available and being used where feasible, further, reduction of herbicide use would result in labor intensive activities, unsightly vegetation buildup in inaccessible areas, and increased material for disposal, and a significant decrease in fire safety along the public rights-of-way. The City has decreased its use of herbicides by approximately 50% over the last eleven years and continues to seek alternative methods to herbicide control. Only minimal risk materials are used and only trained and qualified personnel are assigned to the herbicide programs. mfh:a~7 1001 HERBICIDES ITEM NO. ?d DATE: NOVEMBER 18. 1998 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT ON MTA'S PROPOSED INTER-MODAL TRANSFER STATION AT RAILROAD DEPOT SITE Vice Mayor Jim Mastin will present an oral report at the meeting regarding MTA's proposal at the railroad depot site. RECOMMENDED ACTION: Receive oral report from Vice Mayor Jim Mastin ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not receive report. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice Mayor, Jim Mastin Candace Horsley, City Manager N/A None APPROVED: ~. ~.. Cand-'--ace Horsley, Cit~Manager mfh:asrcc98 1118MTA AGENDA SUMMARY ITEM NO. ~ DATE: November 18. 1998 REPORT SUBJECT: CONSIDERATION AND APPROVAL OF STAFF TIME TO FACILITATE AND SERVE ON BEAUTIFICATION AND PRESERVATION COMMITTEES Though the first priority of the City is to provide such basic services as Police and Fire protection and utilities, we also serve our citizens by offering other non-essential services such as youth and adult sports programs and recreation classes, as well as participating in the Summer in the Park Concert series and annual Fall PumpkinFest. A living community is a sum of many of factors, which together provide for an improved quality of life that our citizens have come to expect. Many times City staff receives requests from community members for our assistance in solving a neighborhood problem or to provide technical expertise on a particular community- oriented project. Staff is requesting Council's approval of staff time to participate in two projects that have become prevalent issues in our community. The recent controversy over the SL Mary's Church has emphasized the need for a preservation society in the Ukiah Valley. A recognized group could develop funding sources through the private sector and grants to provide formal funding for the purchase of historic buildings that the community wishes to save when they are on the market for demolition. Specific criteria for what types of buildings would be considered for purchase would be established by the preservation society. Staff has already been in contact with state and federal preservation agencies that assist in forming preservation groups and we are obtaining model guidelines to assist a group, should it be formed. Staff's goal would be to facilitate interested citizens who would want to participate in this endeavor. The second area of community interest has evolved from contacts with concerned citizens who are looking ahead to our community's future and are interested in forming a committee to enhance the visual quality of our City. In meeting with several representatives of this group, we toured the main entrances into the City as well as several of the main thoroughfares going north and south. The goal of this committee would be to establish objectives for enhancement of visual aesthetics in our main corridors, identify areas that could be improved, and provide private property owners with several types of assistance that would be identified through the committee process. Participation of the public would be voluntary. By establishing this stewardship body, the community can develop and define a framework through which they can work towards implementation of these goals. RECOMMENDED ACTION: Council approve allocation of staff time to facilitate and serve on Beautification and Preservation Committees. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Council not approve allocation of staff time. Citizen Advised: N/A Requested by: Prepared by: Candace Horsley, City Manager Attachments: 1. None. APPROVED: ~ I~,,.. ,/C,,.^SF,~ut.~ Candac~ l':l°rsle-y"~ity/Manager Item No. 8 h Date: _November 18. 1998 AGENDA SUMMARY REPORT SUBJECT: Authorize a Budget Amendment in the amount of $ 96,743.00 to Fund 612- 3850 for the Replacement of Inflow Grinders at the Wastewater Treatment Plant. REPORT: As part of the installation of the Advanced Wastewater Treatment Facility, it was required to replace the current inflow grinders. Specifications for these grinders were prepared by Kennedy/Jenks Consultants and were to be supplied as part of the construction bid. The specifications were prepared based on current industry standards. Monoflo Corporation, who then was owned by Ingersoll-Dresser Company submitted a lower bid on an "as equal to" basis. Staff and Kennedy/Jenks Consultants throughly evaluated their product. Since these grinders were manufactured and used only in Great Britain and did not have any American facility experience, staff requested several assurances from Ingersoll-Dresser to insure performance of the grinders. Staff said that a favorable review of their product would be contingent upon certification and receipt of an extended three year warranty on parts and labor. In addition, the manufacturer would provide service arrangements and stocking of spare parts through the Benecia Ingersoll- Dresser facility (See the attached Review Letter ). ( Continued Page 2 ) RECOMMENDED ACTION: Authorize a Budget Amendment in the amount of $ 96,743.00 to Account 612-3850-800-000 for the Replacement of Inflow Grinders at the Wastewater Treatment Plant. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Request and Direct Staff as to Alternative. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:l) Specification Review Letter 2) Gall letter of June 19, 1997 to Kennedy/Jenks 3) Gall letter of February 24, 1998 to PMC 4) Kennedy/Jenks letter of June 26, 1998 to PMC 5) Cost Estimate for Replacement 6) Budget Amendment Worksheet APPROVED,: Candace Horsley, Cit er ( Page 2 ) During the first winter flow after installation of the units, it was clear that the grinders would not meet flow specifications. In addition, we experienced other significant problems, such as control failures, motor failures, and motor shaft coupling failures ( See Gall Letter of June 19, 1997 ). A meeting was held with representative from Monoflo a subsidiary of Ingersoll-Dresser, Kennedy/Jenks and the City of Ukiah. At that meeting, Ingersoll-Dresser again assured us that they would do whatever was needed to make the grinders work. Based on this meeting, they promised, to replace the existing motors with new heavy duty motors. They brought technical staff from Great Britain to evaluate and make modifications to improve grinder performance. In addition, they were going to supply a spare grinding assembly for emergency repairs, since the grinders were showing premature wear. While these changes were being made, Ingersoll-Dresser and Monoflo separated and Ingersoll- Dresser turned the grinder business over to Monoflo. Modifications to the grinders continued. During the second winter, we continued to experience problems. Even with modifications to the grinders to increase the flow rate, they still could not meet the specified requirements. In addition, the spacing on the grinders now allowed larger than specified debris to pass through the grinders. We also experienced additional motor coupling failures. We requested replacement parts, which now had to come from Great Britain. Both times the wrong parts were shipped, requiring us to have replacement parts machined locally to place the unit back in service. Because the grinders could not meet the flow requirements and due to grinder failures we nearly flooded the grinder room during high flow periods. Jerry Gall's letter of February 24, 1998 and Kennedy/Jerks letter dated June 26, 1998 to the Prime Contractor outline the problems we were encountering. Numerous meetings between Monoflo and the City have taken place during this time. However, none of the above problems has been resolved. Monoflo has now indicated that their product meets all specifications and is not willing to replace the grinders. Staff firmly believes that these units must be replaced. Since these units have not demonstrated that they can meet the specification, we are requesting that the Prime Contractor replace the current grinders with grinders supplied by the next bidder. It is important that these units function as designed or significant damage could occur to other plant equipment. Therefore, we are requesting a Budget Amendment in the amount of $ 96,743.00, as described in the attached cost estimate obtained from the Prime Contractor to facilitate the replacement program. It is planned to spend funds currently within the Fund 612 Operating Account Fund Balance to complete this work. The Prime Contractor will do the installation and JWC Company will supply the grinders. JWC Company has a lengthy history of supplying grinders to the wastewater industry. This matter has been referred to the City Attorney for legal action that could recover all or part of the replacement costs. ,, .~_A .' 97 07: 34F'H I,::EHHEDY/'._TEHt(S COHE;UL :/~¢p ~_DRAWiNG REVIEW LETTER /ADDENDUM P. 17/18 KENNEDY/JENKS CONSULTANTS Marathon Plaza, Tenth Floor North 303 Second Street San Francisco. CA 94107 Telephone: {415) 243-2150 TO: ATTN~ Pacific Mechanical Corporation P.O. Box 4041 Concord, CA 94524 Mr. Tom Jorgenson Page: Date: Serial No.: Spec. Ref,: Project: K/J Job. No.: Submittal: lofl 10 March 1995 11334.01-A ADDENDUM 11334 Ukiah WWTP Upgrade 920524.03 052 A- The action noted below has been taken on the enclosed drawings. NET = No Exceptions Taken MCN = Make Corrections Herod A&R -- Amend and Resubmit NR = Not Reviewed RR - Rejected, Resubmit K/J · Refer to Item Action Comment Manufacturer or Supp. l!er Title of Drawing 1 MCN 3 Thru 5 Ingersoll-Dresser Channel Screen Comminutors COMMENTS: These comments are as a result of our meeting in Ukiah on 17 February 1995 and additional information provided to us_by. !_ngersoll-Dresser Pump._C. 0mpany dated 2 March 1995 (Copy attached). They__are to be added to our comments noted in Shop Drawing Review Letter 11 334.01 A. . The City has called the references noted in response No. 1 of Mr. Sommerhalder's facsimile of 2 Marcl~ 1995 and have 'received favorable comments. However, since all of these locations are located in the UK, there is still some concern over the long term reliability of the Discreen in the United States with no reference installations of 3 years or more. Therefore, this favorable review is contingent upon the certification and receipt of an extended three year parts and labor .w..arranty..by the manufacturer from the date the unit is placed in service. In addition, the manufacturer shall provide in writin.q, ~ped, on company letterhead and signed by an officer of the Company, the service arrangements and the stocking of spare parts that wit1 be provided locally for this installation througl~ the Benecia lnqersoll-Dresser facility. S. Corrections or comments made on the shop drawings during this review do not relieve the contractor from compliance with the requirements of the drawings and specifications. This check is only for review of general conformance with the design concept of the project and general compliance with the information given in the contract documents. The contractor is responsible for: confirming and correlating all quantities and dimensions; selecting fabrication oroces~es and techniques of construction; coordinating his work with that of all other trades; and performing his week in a safe and satisfactory manner. Distribution SDR~L Encl. Contra c~or ( O rlglna I) 3 3 Prolec~ Coordinator (Bill L~tone, K/i)// ' i" 1 Construct. l,'lanager (Carl Thompson, I ___1 Clty of Uklah) KENNEDY/JENKS CONSULTANTS William I. Latone, P.E. MEM ORANDUM DATE: TO: FROM: RE: CC: June 19, 1997 Joel Failer Jerry Gall Ingersol Dresser Channel Munchers George Borecky Daryl Barnes Joel: After much consideration and deliberation between Frank and I, we have decided that in the best interests of the City and Treatment Plant performance that the Ingersoll Dresser Channel Muncher/Discreen Units be removed and replaced with the units specified on page 11334-2 of the project manual. Our decision was based on the following reasons · The current units do not meet specifications for head loss. During the high flow periods in January of 1997 we experienced a backup of sewage in the interceptor and the need to divert through the Headwork's bypass channel due to the equipment's inability to meet the required specifications. · As it is currently operated the bypass channel has the ability to accommodate 20 mgd in an emergency. We are of the opinion that should a third unit be installed in this channel, flooding of the Headwork's becomes a possibility in the event of a power or equipment failure. · The overall reliability of the current units as they relate to our specific system is questionable. As of May 24th 1997 we have replaced three explosion proof motors on the Discreen portion of the two units due to bearing failure and it is showing signs of a fourth motor failing. · The number one unit broke a spacer in it's Grinder. We were lead to believe these units would grind gun barrels with no adverse performance. · It was our understanding that should emergency maintenance be required we could expect service from a local representative with a one day turn around. When the broken spacer developed we had to wait several days on a technician to be dispatched from Oregon. We have experienced several problems with the control and alarm panels. The control alarm strategy was to be when a unit encounters an object it cannot pass it would stop and reverse three times. At that point it would shut down and signal an alarm as to which portion of the unit failed, either Discreen or Grinder and what caused the failure. Initially when a unit shut down, no failure or alarm was transferred to the plant alarm system. This problem has since been corrected but due to an incompatibility it is no longer possible to distinguish which portion of the unit failed even on the control panel. On May 17th 1997 we developed a problem we find totally unacceptable. The grinder portion of the Number one unit blew a fuse, The unit did not relay any alarm nor display any alarm or off condition on it's control panel. The result was the interceptor line became surcharged. Fortunately this was on a weekend and flows were at a minimum. If you have any questions regarding this memo or the equipment please call me Sincerely~ Gall. I City of Ukiah WWTP 300 Plant Road Ukiah Ca. 95482 (707) 467-2818 Fax: (707) 467-2844 February 24, 1998 Tom Jorgenson Pacific Mechanical Corp. P.O. Box 4041 Concord Ca. 94524 Mr. Jorgenson: This letter is to inform you that the City of Ukiah is again requesting that the Mono Muncher / Disc Screen be removed from the Wastewater Treatment Plant and replaced with units ~neeting the specifications described on page 11334-2 of the project manual. As you will recall from our meeting with representatives from Mono and Ingersoll Dresser last July those representatives were aware that the current units ~nust ~neet minimum flow, perlbrmance and reliability standards in order for the units to remain in service at our facility. The following is a narrative of problems that have taken place since that ~neeting. · Complete all repairs by November 1997..Repairs are not finished as of this date. Submit in writing the proposed repairs. They did not submit this proposal. Install a larger diameter spacer in both Disc Screens allowing the units to treat approximately 9.5 MGD at the specified head loss. When the Service Technicians arrived to install, only one set of spacers ~vere shipped causing a delay. Send new cast iron motors for the Disc Screens and one replacement motor for the In Line Grinders. Sent two shipments of incorrect motors for the Disc Screens and have yet to send the correct motor for the In Line Grinder. Anvic (Mono / IDP's electrical panel builder) was to come on site and repair panels. This did not happen. The panel was turned over to Kennedy/Jenks and KBL to repair. Mono / IDP has informed me on at least three occasions that the PLC supplier would come to the U.S. to resolve problems in the Control Panel. He was scheduled to arrive on 3-11-98, but I was informed yesterday that he would be delayed a week due to the cost of Air Fare. KBI_, needed reprogrammed PLC's as part of needed repairs. At that time we requested that at least two be programmed and shipped imlnediately to avoid delays. Mono insisted the PI,C's be removed shipped to England, reprogrammed and returned. KBI~ shipped one to Mono, they in return shipped two incorrect units back to KBL again causing a long delay (almost one month) We again requested an additional PLC for the second panel along with a back up in case of a problem due to the long lead time in obtaining one. Mono refi~ses to do this. · The coupling on one of the Disc Screen units self destructed, Mono contends this is common and an inherent design flaw and agreed to send a new coupling fi'om England. They Stilt tile wrong coupling. We have yet to receive tile correct coupling (two and a half weeks since we were promised it would be delivered ASAP). · Originally a service center was to be established In Benicia Ca. and provide us with 24 hour service. The site of this center was changed to Southern Ca. and now to Houston Texas but even it is not stocked nor operational. Even with one reworked electrical panel on the No. 1 unit we are experiencing unit shutdowns for no- apparent cause. Although the unit is close to meeting its hydraulic load / head loss specifications we are now seeing substantial amounts of materials passing through the larger openings in the Disc Screens. At one point during the testing of the No. I unit a piece of'pine wood molding approximately 2.5 by 6.0 by 0.625 inches was put into the stream, the wood passed directly through the Disc / Screen with no attelnpt to direct it twords the Grinder. We were fortunate enough to retrieve the wood. An object of that size could easily damage a downstream pump or render an Air Lift inoperable. It is our contention that we have al,forded this manufacturer every opportunity to resolve the deficiencies and provide the reliability and fast ef,ficient service that xvas promised prior to the purchase of their product. Other than coming close to the Flow / ltead loss specification, (At a decreased and unacceptable level of comm inution ). Not one dead l has been met and neither unit is fimctioning at an acceptable level of performance. Parts availability and service within a remotely reasonable time is ahnost non existent. I Fyou require any other inf'ormation please contact me. Respectfully yours, CC: Joel Faller Frank Noyd Darryl Barnes George Borecky David Rapport Tom my Knappich Wayne Moore Jerry Gall Senior Plant Operator Kennedy/Jenks Consultants 28 June 1998 Engineers and Scientists MarathOr~ Plaza., Tenth FloOr 303 Second o,:eet Sari Francisco, Califorma 415,243-2150 FAX 415.898.0999 Mt. Tom Jorge~son Pacific Mechanical Corp. (PMC) P.O. Box 4041 Concord, CA 94524 Subject: City of Ukiah Wastewater Treatmen'[ Plant (WWTP) Upgrade Project Discreen/Munchpr Installation K/J 960535.04 Dear Mr. Jorgenson: On behalf of the City of Ukiah and as the design engineer for the above referenced project this letter serves as the final no[ice of rejection of the Monoflo Discreen/Muncher installation at the headworks of the Ukiah VWVTP. The installed equipment and subsequent modifications have failed to meet the specified requirements of the Project Specifications and conditions of the shop drawing submittal review. The faulty equipment shall be replaced with units that meet the equipment specifications, provide reliable operation and performance, and offer readily available spare parts arid service. Equipment Warranty and Approval Conditions Tile proposed Monoflo (manufacturer) Discreen/Muncher (unit) equipment was conditionally approved in our shop drawing review letter dated 3/10/95 (Exhibit A). The approval was cantingent upon th~ receipt of an ext,.~ded warranty from the manufacturer for 3 y~:a:s from thc date the equipment is placed in .~ervice. A[.~o, the approval was contingent upon a cornmitmen[ in writing from the manufacturer to provide and maintain a local inventory of spare parts and to provide arrangement~ for local and responsive service. The manufacturer responded to these conditions in a letter dated 3/24/95 (Exhibit 1:3). In this letter the manufacturer crmfirmed that spare [.)arts would be held locally at the Ingersall-Dresser Pump (IDP) facilify in Ben¢cia, California, and thai service and after market support would be provided through this facility. The letter also offered an ex[ended warranty for the first 3 years of service but was limited to faulty workmanship and material~. This was not acceptable and was rejected with acceptable warranty language provided in our shop drawing review letter dated 4/25195 (Exhibit C). The manufacturer submitted a revlsed wan'anty statement in a letter dated 8/2/95 (Exhibit D). The revised warranty and equipment resubrnittal items were favorably reviewed in o[~r shop drawing review letter dated 8/21/95 (Exhibit E). Subsequently, the equipment was deliver9d to the site ;n October 1995, installed by PMC arid certified by the manufacture for service in February-March 1996. The rnanufaott~rer's warranty would therefore be in effect until February-March 1999. The specific date of oert. ificatior~ can be retdeve from the City through inspection files maintained during construction. Mr, Tom Jorgcnson Pacific Mechanical Corp. 26 June 1998 Page 2 Kennedy/Jenks Consultants Equipment Performance Problems Sl~ertly after the equipment was certified for service in February-March 1996, it became evident that the individual units wou!d no~. meet the specified peak flow capacity based on the observed performance by City operat:e,n staff_ The specifications call for two units, each with capacity of 10.5 MOD at a ma×imum head drop of 11.65 inches, to be installed in e.×isting, parallel infiX, lent flow channels (Exhibit Fi. The concern regarding the flow capacity of the units was immediately brought to the attention of PMC and the manufacturer. We repeatedly requested that the manufacturer review their hydrau!ic calculations and to conduct a flow capacity test in the field. A letter dated 4/18/97 was received from the manufacturer, over a year after the units were place in service, indicating ~.n error irl their hydraulic calculations for sizing the units. The head drop was recalculated by the manufacturer to be 23 inches at 10.5 MGD which is double the specified head drop cf 1 t.6.5 inches. However, field tests conducted by the City dudng wet weather flows in January 1997 indicated an even worse condition. The units could only process 8 MGD each with a head drop of 30 inches. It was clear that the installed units did not meet the specifications and were undersized based on the calculation error by the manufacturer in the sizing the equipment and the flew test conducted by the City during wet weather. Replacing the units with ur]its of greater capacity from this m'-anufacturer was net feasible as riley are greater in width and would r~ot fit within the existing char~nels. The manufacturer proposed installing a third unit ir~ tl~e bypass channel to gain additional capacity. This approach was considered but rejected as fl-~e bypass channel serves as an emergency overflow and must remain unobstructed and handle the plant capacity ef 20 MGD. In addition to the flow capacity deficiency, there have been repeated motor and bearing failures, problems with control and'alarm panels, lack of available spa~e pads and unavailable service. These deficiencies were noted in a memorandum from the City to KennedylJenks dated 8/19/97 (Exhibit G) with a City directive to remove and replace the units with equipment that meet the Project Specifications. Upon review of the noted deficiencies, the equipment specifications and the shop drawing review conditior~s we concurred with the City's decision. The units clearly did not meet the specifications, the performance was unreliable and the lack of available spare parts alad service was unacceptable. A letter dated 7117/97 from Kcnncdy/Jcnks to the manufacturer (Exhibit H) was issued outlining the equipment deficiencies and requiring that the equipment be replaced with units meeting the Project Specifications. The manufacturer responded by arranging a meeting on 7/23/97 at the Ukiah WWTP with the manufacturer's representatives, City and Kennedy/Jenks to discuss their proposal to correct the v_~rious deficier~cies. A follow-up letter was received from tl~e ma~uraclurer outlining a corrective action response to each of the deficiencies discussed in the meeting. Tl~e City and Kennedyldenk~ agreed to allow the manufacturer to proceed with their proposed corrective measures with the understanding that ali repairs must be completed by November 1997. The most significant deficiency is the limited flow capa6i[y. The manufacturer proposed and proceeded with removing the comb bars and reducing the width of t~e spacers on the Discreen to increase the flow capacity. Although this did Increase the capacity the performance was unacceptable as stringy material, debris and sewage solids passed through the larger screen ,~, .H@~ DF:.~W~Nu REVIEW LETTER DENDUM KENNEDY/JENK$ CONSULTANTS Marathon P!aza, Tenth Floor North 303 Second Street; San Francisco, CA 94107 Telephone: (415] 243-2150 Page: 2 of 2 Date: 10 March 1995 Serial No.: 11 334,01-A ADDENDUM Spec. Ref.: 1 1334 Project: Ukiah WWTP Upgrade K/J Job No,: 920524.03 Submittal: 052 C01",'II','t'ENTS (cont..) . The quoted price for the explosion proof motors needs to be submitted through PMC in response to our Request for Quote No. 4. The submersible explosion proof motors will not be considered for this installation. 5. Per comment No. 4 on The Mr. Sommerha!der's facsimile, the motors will have spacers so that the motors are Iocated above the channel. 6. The Discreen is tO be installed on the channel floor as shown in the Drawings and will not be recessed in the flcor as discussed on 17 February 1995. . We have yet to receive the installation df.swing showing how the units are to be oriented and installed within the existing channels, We have requested this drawing on several occasions and is one of the reviewc.~mments.'"' --:-; .... '"'~'~ : · · .. 3L'L !6 'gT' O?:~JPM I<EI'.t[',tF'_DY/"!EI',!~<S COI'-.ISUL Inger.~olI-Dresser Pumps Monoflo Date: ~27, .994, Pacific Mechanical Corporation P.O.Box 4041 Concord CA 94524 Direct Line: Fax: (804) 485 8087 (804) 485 s149 Attention: ~ Tom Jorgenson ~eferenco: Ukiah WWT~ Upgra~o channel 8¢roun Comminutors Dear Mr Jorgenson, In response to the letter to you dated March 10, 1995, from Kennedy/Jenks Consultants we are pleased to confirm the following: We are prepared to offer a 3 year parts and labor warranty for the eqllipment to be supplied. This warranty to commence from the date of installa=ion. The warranty would be limited to faulty workmanship and material. Replacement costs due to fair wear and tear would be excluded. We confirm that Spare Parts for the equipment to be supplied will be held locally at the IDP Service Facility, Bernicia, california. In addition service and aftermarket support will be available through this facility. We trust that this will now satisfy your requirements. Sincerely .M~ke }tarrison./ .... ' Manager, I4~fi~"~' Products North ~erica November 9, 1998 CITY Or UKIAlt PUBLIC UTILITIEI DEPT. 300 Plant Road Ukiah CA 95482 (707) 467-2818 Fax: (707) 463-6234 Darryl Barnes Director of Public Utilities RE: JWC Grinder Cost Darryl: Costs for the JWC Grinders to replace existing Monoflo equipment in the Treatment Plant Headworks is as follows. 2 each CDD5010-MS-6 Channel Monster $ 75,284.00 (Includes Frieght) Tax@ 7.25% = $ 5458.09 Installation approximately $16,000.00 (This includes Parts and Labor for PMC, AC Core Drilling and D & G Electric.) Total Cost $ 96,742.09 Should you have questions or comments please call. Senior Operator mmm Z~ cn (..) ITEM NO. 8c DATE: NOVEMBER 18, 1998 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUMS OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNITS - DEPARTMENT HEAD, MANAGEMENT, MISCELLANEOUS, AND POLICE The City Manager has met with representatives of the Department Head, Management, Miscellaneous, and Police Units to discuss negotiation items for the 1998-99 fiscal year. The negotiations have resulted in tentative agreements as previously discussed in closed session which have been ratified by the Units. The proposed Memorandums of Understanding (MOUs) are being submitted for Council's review and consideration. If the City Council approves the agreements, we recommend adoption of the attached resolution. RECOMMENDED ACTION: Consider MOUs and Adopt Resolution Approving Memorandums of Understanding for Department Head, Management, Miscellaneous, and Police Units. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt resolution. 2. Refer matter to Staff for amendments Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/A 1. Resolution for Adoption APPROVED: t~~ i~~ ~ Candace~'H~rsley, CitI Manager mfh:asrcc98 1118MOUS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD, MANAGEMENT, MISCELLANEOUS, AND POLICE UNITS WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Department Head, Management, Miscellaneous, and Police Units; and WHEREA6, a Memorandum of Understanding has been approved by the Department Head, Management, Miscellaneous, and Police Units; and WHEREAS, said Memorandums of Understanding have been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED, that the Memorandums of Understanding for the Department Head, Management, Miscellaneous, and Police Units are hereby adopted and the Employee/Employer Relations Officer is authorized to enter into these Agreements for the Fiscal Year 1998-99. PASSED AND ADOPTED this 18th day of November, 1998, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Sheridan Malone, Mayor Marie Ulvila, City Clerk Resolution No. Page 1 of 1