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Home My WebLink About1997-08-06 PacketMINUTES OF THE UKIAH CITY COUNCIL Regular Meeting - July 16, 1997 A regular meeting of the Ukiah City Council, the agenda for which was legally noticed and posted, convened at 6:35 p.m. in the Ukiah Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Ashiku, Kelly, Mastin, and Mayor Malone. Absent: Councilmember Chavez. Staff present: Public Utilities Director Barnes, Community Services Director DeKnoblough, Finance Director Elton, Assistant City Manager Hams, City Manager Horsley, Public Works Director Kennedy, City Attorney Rapport, Senior Planner Stump, and City Clerk Henderson. 2. Pledge of Allegiance Mayor Malone led the 'Pledge of Allegiance. 3. Approval of Minutes 3a. Budget Session - June 25 and 26, 1997 .~ .......~¢!i?:i~ .... MIS Malone/Mastin to approve the Minutes of the Budget .S.:~ssion o.[i~i!~"and 26, 1997, as submitted, carried by the following roll call vote: AYES: Cou~'~:~mbe~='ii~i~!~iii~elly, Mastin, Mayor Malone. NOES: None. ABSTAIN: None. ABSEN:~i~?:~ouncilme~'~i~!~ .:.:.:.:.:~: :.. ~/s ~stin/M~one to ~pprove the Minute~ of the Join¢~~:~:~th the Uki~h W,'~*y S~nitatio, Dist~ct of July 2, 1997, as submitted ~ed by the followipg~!~t:e: AYES: Councilmembers Ash ku, Kelly, Mast n and Mayor Malone. NOES~??~o~?~.~AIN: None. ABSENT: MIS MastinlKelly to approve the MinuteS::~"the Re~'i:~:'~~?'July 2, 1997, as submitted, ~ed by the following ~ed by the follo~:ng roll ~i* vote'?~?~ouncilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES:..:NO~. ABStaIN: Non~?'":*~BSENT: Councilmember Chavez. .................*.. ..~;~:* ::~:~:[:;::" 4. RIGHT TO APPEAL DECi~iON ..~[~{;{~ Mayor Malo.~;~::[eviewed th~~l proces~[~[[~[~[~[~?~:*' MIS MastinlM:~i~~p. prove ~'{~~ht Calendar as follows: a. Approy:ed~~ments f~;~onth of June 1997; b. App~a:::t~:~:~i~/:~6~:.!~;ing se~es as submitted by the Ukiah Daily Journal for Fiscal Year ~9~/98, in th~?:~.~:.~:.$3.70 per column inch for the first day and $2.35 for additional c. ::~?~::::'Awarded bid to ~~hemical Co., in the amount of $14,893.80, for Sodium Hydroxide :::::::::: ..... .::::::::::::::: d:~::.::.::~??~::~:. Adopted Ordin~:~:ce No. 993, Amending Sections 7602, 7610 and 7611 of the Ukiah City :~?.~?:~?:~?:~??:~:. Code Provi~:~?~or a Hearing Before the Traffic Enginee~ng Committee on Appeal from a :~~ice 9:[::~!:~'ht to Remove Abandoned Vehicle from Private Properly; and ~?~?:~?:~?~~?~duction in Solid Waste Disposal Site tipping fee for Special Cleanup Project ':~:.~:~:~:~::~:~::~:?~::~:~:.i~:~?:?:::~:~onsored by the County of Mendocino and the California Integrated Waste .......... ~:~:~¥~:~:~'agement Board. The motioned carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. 6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. As it was not time for the scheduled Public Hearing of item 7a, the Council proceeded to Unfinished Business. Regular Meeting - July 16, 1997 Page 1 8. UNFINISHED BUSINESS 8a. Adoption of Resolution No. 98-04 AD_~ointing Members to the Golf Course Committee Community Service Director DeKnoblough noted the Parks and Recreation Commission had recommended Don Rones as its representative to the Golf Course Committee. There were two applications for the vacant Public Member position on this committee, Bob Burke and Harold Bray. The terms of both appointees will be for two years, until June 30, 1999. MIS KellylMastin to nominate Don Rones to the Golf Course Committee as the representative of the Parks and Recreation Commission, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. Councilmembe~' Ashiku nominated Bob Burke for the vacant Public Member position on the Golf Course Committee. The Council unanimously approved the nomination with Councilmember Chavez being absent. ....... MIS MastinlMalone to adopt Resolution No. 98-04, Appointing MedleYs J~!?~*e Golf Course Committee, with Don Rones Sr., being the representative of th~i::~..P, arks a~!~!!~'ation Commission and Bob Burke being one of the two Public Members, carri.p!~?~}he f°i¥~iiii~i!i?:~a, vote: Councilmembers Ashiku, Kelly, Uastin, and Mayor Ual~::.''' NOES..:..:.~:~[.~.~.~.~.~.~AIN: ND.d~:~* Da. ~l~ion No. 98~S Accepting Ol~~:~Cleveland Lane, ~'~'~'dee Drive, and a Potion of Orchard Avenue into the City ~~te.m Public Works Director Kennedy noted Olga Place, .~.?.~;:.south h~i~;~;~]..and Lane constructed ,.,.....,........................,...............,. in conjunction with the Cleveland Subdivision, ~;~.~.~.ye, and"~:~;~;~'' of Orchard Avenue, constructed in conjunction with Brookside .~;t~~;~arlene E~tes subdivisions, were const~cted to acceptable standards and ar~:~::.i~::~:~'Ss'{:~i~?~forma~:"with approved plans. He recommended acceptance of these streets~:~he not~~;~;' into the City street system, resulting in the responsibility for their ma[~[enance:~ing f~~a to the City of Ukiah. MIS MastinlMalone to adopt Resolua~;ho. ~8~;' Accepti~?'Olga Place, Cleveland Lane, Cindee Ddve, and a podion of Orchard Av~"~nto t~ity stre~ystem, carried by the following roll call vote: AYES: Councilmembers..As~i;~, Kelly,.:~tin, a.ad~ayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilme:~b~havez. Db. C~¥~ti.on o~:~~Costs f;:~:~6;~y Street Disconnection from Talmage In response '~?~{~uest ~~?~Public Works Director Kennedy repoded the cost of returning Betty S~{~:~i~:.~onfigur~i~;~r to the Wal-Uad project realignment was approximately $30,000. H~id¥:~'bt~~.e..the r~lignment, noted no adverse traffic impacts due to the new alignment?~:~d did no'{:'~{~aemand from the neighborhood ~r change. Cou.~: received the rep~::~::'action was taken. 9:~ Discussion of,~bbi Street Prope~y Transfer ~]~;~.Qager .~:~By reviewed the parcels of land owned by the City which are not tied to a J~~;~?:~:~e. She noted the issue before the Council was a possible properly exchange o¢~:~::~;~{~i'and for a parcel of equal value in the City which might be used for the proposed Ukia~"~'V~ll~y Cultural Ads and Recreation Center. She noted the City owned parcel at the end of Gobbi Street at the Russian River is approximately 17 acres and was given a "drive b~ appraisal value of $111,000. Even without this parcel, the City would retain Russian River frontage in this area. The parcel under discussion does have riparian rights. Discussion took place regarding proposed uses of this parcel, zoning issues, General Plan requirements for a cultural ads center, and whether the City might have an obligation to provide the land for such a project. Marvin Trotter, M.D., noted the group developing the funding for the arts and recreation center realizes no site exists in Ukiah which could possibly accommodate several acres for ball fields as well as 3-4 acres for a gymnasium and performing arts facility complex. The acquisition of additional community ball fields is being tied to the planning and siting for the new elementary school. Regular Meeting -July 16, 1997 Page 2 Discussion took place regarding possible City padicipation in this project and possible sites for the venture. It was the general consensus of the Council that it needed more information about the proposed project in order to consider the possibility of trading City properly to facilitate the siting of the complex. A presentation by the cultural ads and recreation complex formation committee outlining potential sites and the value thereof, projected costs of development and funding sources, as well as suggestions and alternatives on how the City might participate in this project would be helpful to the Council prior to making any decisions on exchanges of real properly. 7. PUBLIC HEARINGS 7a. Adoption of Resolution No. 98-06 Modifyinq Resolution Nos. 95-8 and 97-52, Regarding Landfill Tipping Fees and Charges and Days and Hours of Operation Public Works Director Kennedy noted the Resolution before the Council would revise the commercial tipping .fees at the Landfill if the cities of Fort Bragg and Willits and the County of Mendocino collectively direct their waste to the Ukiah Landfill for disposal. The Resolution also provides for a change in the days and hours of operation of the Landfill to accommodate commercial haulers from these jurisdictions. .,~iiiiiii::~ ....... .:'..i::iiiiiii The Public Hearing was opened at 7:49 p.m. !iiiiii liiii!} i iiiiiiiiiiii!i No one came forward. .:~!i ii~. .:~il ~' ..... The Public Hearing was Closed at 7:50 p.m. i iiiii iiii~ i. "' :...~iliiiiiiiiiii!ii}iiiiiiiiiiiiiii::ii:~iiiiiiiiii iiii iiiiiii!!i!iiiiiii i}!ii}iiiii iiiiii!iii iiilii M/S Ashiku/Masfin to adopt Resolution No. 98-08, ~i~!ii~esolution Nos. '~i~d 97-52 Regarding Landfill Tipping Fees and Charges and Days and"~?~!~peration at the Ukiah carried by the ~ollowin~ roll call vote: ~YES: Councilmo.~'~l~g~:, Kelly, Masfin, and Mayor ....... ~:~ ......================================================================================ . ~: ~ :~ ?.-?:~:.?::~ ~: ~:: ::~ ~ ~ ~ ~:~ ~h.. · Gowrnmont {~ECG} Imhatw~ fin~fi~$ .......... ~Og~nt Co~?:::~Sawn~ and Public Works Director Kennedy expiable:ned':':':':::: P[~;siona~::;ers=============================================== in California Government (PECG) has put fo,h an initiative w~[~ould ~'ibit Ioca[~:0vernments from awarding contracts for engineering design of "State [~:a" proje~. The i~[~i:ative would cause delays in designing State funded projects, would be co~::'{o the C~ and is,:j~eality, a job protection measure for and by State employees. Mu tiple.:~tie~nd entiti.~~e]l::~'~ the League of California Cities, opposes this initiative~easure ~;~;~[~::~::~:~ .......................................... ":':':'::':':':':':':':':':':':':':':':':':':':' .o....0.. ,.e " ove n e., cos, Savings an~::~~ Prot~:~i~:~.~dment,'' carried by the following roll call vote: AYES: Cou.c~e~:~i~?~?~8!:~b~::.Ke,~,':~i6~:n~ Ma~or Ma~o.e..DES: None. ~BST~N: None. ABSENT: C0 u~$i~6~gh a vez:'::~::::~:~:: .........-.. ..,., ...,.======================================================= ..... ...¥.~..~. ..~:[:~:j:~:~:~:~:~:~:~::.:.:.:.:.:.:.:.:.:.:.:.:.:.. PUblic..................... Utilities Direc~:~' Barnes noted the Mendocino Council of Governments (MCOG) is d~:~]Pping an Electd~?::::Vehicle Demonstration Project that will be funded through grants and ~i~ion by va~:~?~overnmental entities. The City of Ukiah has been asked to be a sponsor ~::~j~.~]~'s~a,in~ ~he ~n~as~uct~re requ~re~ for a c~ar~n~ s~a~ion. Pa~ or ~he C~y or UEi.~'~?~~:bntribution would be in-kind sewices for the construction of the charging station. Uki:~'~:'~?:~b:6'~orship would be funded from the Public Benefits Charge to be collected, as defined by AB 1890. Janet Orth, MCOG staff and a director of the Renewable Energy Development Institute, addressed the Council noting MCOG support for the project. Gary FID, InnEVations, lent his support to the project and distributed an InnEVations catalog and Pacific Electric Vehicles, LLC, brochures to the Council. MIS Kelly/Malone to support the Mendocino Council of Governments' Electric Vehicle Demonstration Project by providing a contribution that will not exceed $1,000, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. Regular Meeting - July 16, 1997 Page 3 9f. Authorization for the City Manager to Temporarily Waive Facility Use Fees for Non- Profit Groups and Community Events in Alex R. Thomas, Jr. Plaza City Manager Horsley noted since the dedication of Alex R. Thomas, Jr. Plaza there has been some use of the Plaza by community groups, but not to the extent hoped. The Make a Difference Committee brought the issue to the Chamber of Commerce and City staff. These groups met and are making the recommendation that fees for use of the Plaza be waived for non-profit groups on a trial basis in the hopes of stimulating more use of the Plaza and its facilities. Jerry Thurkow, 126 Clara Avenue, as a member of the Make a Difference Committee, urged the Council to adopt this policy. MIS Kelly/Mastin to authorize the City Manager to waive facility use fees for non-profit groups and community events at the Alex R. Thomas, Jr. Plaza for a trial period of six months, carried by the following roll call vote: AYES: Councilmembers Ashiku, Kelly, Mastin, and Mayor Malone. NOES: None. ABSTAIN: None. ABSENT: Councilmember Chavez. 10. CITY COUNCIL REPORTS ...... Councilmember Ashiku reported he and Councilmemb.e.~i!iiii~itY me~:~i~ii~i~ii?~..a, nd County stall: regarding air quality issues. Agreement was reached rega.[~!~' the ne~i.i~i~:~!!i~i.!;~t...~dies · value of City participation in the selection of the consulta..~i?to condu~!ii~iJch Councilmember Kelly noted the meeting with the ~t~rding air qu;i~{~:~:S was beneficial. She mentioned the need fo~ the formation '~i~{~e of the propose~'~:::~'~iah Valley Cultural A~s and Recreation Center to fo~ a pa~nership wi~t~i.n, this development. She and Community Se~ices Director DeKnoblough met witb~&~?:~~i~ders of the Community Development Commission project homes on Clevelan~ane. ":=~[~{~[~:~ .... Councilmember Mastin mentioned he attended th~~i~o Solid"~?:~anagement Authority board meeting. Mayor Malone mentioned his attendance ~:~e Fou~?0f ~~ks display, the Conce~ in the Park, the groundbreaking ceremony.~[~?the ne~afewa~{~', and the Northwestern Pacific Railroad board meeting. ..~:=~:' ..~?" City Manag~?~H0rsley g~?~pod. :~ ~}~ MIS M~Ain/Malone to a~~::"meeting ~rried by a vote of all AYE. ABSENT: Councilmember ................. ~: .:~::~::~:~ ~?[~eeting was adj.g~ed at 8:31 p.m. Colleen B. Henderson, City Clerk Regular Meeting - July 16, 1997 Page 4 iTEM NO. 5a DATE: August 6, 1997 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR STREET MAINTENANCE DEPARTMENT SUMMARY: The Public Works Department is requesting the City Council to approve a budget amendment to the FY 1997-1998 budget to allow the carry over of a much needed project involving the televising of the interior of approximately 4,900 lineal feet of storm drain pipe. This project was approved in the FY 1996-1997 budget at $8,000 under account #100.3110.250 and the fund balance calculations were based on this project being completed prior to the end of the fiscal year. On May 15, 1997, the City entered into a contract with Jones Construction at a contract amount of $3,185. Prior to the contractor beginning the work, the drains were to be cleaned by the Water Department; but because of previous project commitments, the cleaning work could not begin until the end of June. Because the work did not begin prior to June 30, it is necessary to carry over last year's funding to this new fiscal year. To facilitate an allowance for change order work, staff is requesting that the amount of $4,000 be carried over and added to the 1997/1998 fiscal year budget for this project. RECOMMENDED ACTION- Approve the requested budget amendment of $4,000 in account #100.3110.250.000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine amendment must be modified, define changes, and approve revised budget amendment. 2. Not approve the budget amendment. Acct. No. (if NOT budgeted): 100-3110-250-000 Appropriation Requested: $4,000 Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Acct. No.' N/A (if budgeted) Rick Kennedy, Director of Public Works/City Engineer Rick Seanor,' Deputy Director of Public Works Candace Horsley, City Manager Rick Kennedy, Director of Public Works/City Engineer Gordon Elton, Director of Finance Attachments: 1. Revised Budget Sheet 2. Budget.Amendment Worksheet APPROVED: ~ "JS:AG,AST,T.SUM Candace Horsley, City IV~anager LIJ i LIJ I..- Z U.I Z Z i AGENDA ITEM NO. 5b DATE: AUGUST 6, 1997 SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ESTABLISHING NO PARKING ZONES ON THE NORTH AND SOUTH SIDES OF CLARA AVENUE FROM THE WEST LINE OF ORCHARD AVENUE TO 330 FEET WEST Submitted for the City Council's consideration and adoption is a resolution which would, if adopted, establish no parking zones on the north and south sides of Clara Avenue from the west line of Orchard Avenue to 330 feet west. The no parking zones are required to accommodate the traffic calming measures currently under construction by K-Mart on the south side and the matching measure on the north to be constructed by the City in the near future. K-Mart's approval was conditioned to construct a meandering curb line along their frontage of Clara Avenue to create what the City of Santa Rosa calls a "chicane". The new curb line will encroach into the existing pavement thereby narrowing the roadway width to 24 feet which will accommodate only two travel lanes of 12 feet each without on street parking. The work as shown on the attached sketch is currently under construction. In the near future, under the Traffic Calming Project approved within the 1997/98 budget, a matching curved portion of curb will be constructed on the north side completing the calming measure. If the resolution is adopted, the no parking zones will be implemented upon completion of K-Mart's work. The Traffic Engineering Committee has reviewed this matter and it recommends that the no parking zones be established. RECOMMENDED ACTION' Adopt the resolution Establishing No Parking Zones on the North and South Sides of Clara Avenue from the West Line of Orchard Avenue to 330 feet West. ALTERNATIVE COUNCIL POLICY OPTIONS. Not adopt resolution and instruct Staff to stop construction on Clara Avenue. City will be required to reconstruct roadway. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Traffic Engineering Committee Rick H. Kennedy, Director of Public Works/City Engineer ~-~-~ Candace Horsley, City Manager I' 1. Resolution 2. Sketch showing traffic calming measure under construction. 3. Resolution No. 94-54 4. Description of similar traffic calming measure provided within the City of Santa Rosa. 5. Description of similar traffic calming measure provided by the City of Boulder. APPROVED' R:l',PW:kk ACLARA.NP Candace Horsley, City'~vlanager RESOL~ION NO. RF~OLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A NO PARKING ZONES ON THE NORTH AND SOUTH SIDES OF CLARA AVENUE FROM THE WEST LINE OF ORCHARD AVENUE TO 330 FEET WEST WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles are prohibited or restricted pursuant to Article 11, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the City Council has supported the installation of traffic calming measures on Clara Avenue west of Orchard Avenue; and WHEREAS, in order to accommodate the traffic calming measure it is necessary to prohibit the standing, parking, or stopping of vehicles on the north and south sides of Clara Avenue in the vicinity of the traffic calming measure; and WHEREAS, the Traffic Engineering Committee recommends that the no parking zones be established in the vicinity of the traffic calming measure upon the completion of the construction of the measure. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that no parking zones be established on the north and south sides of Clara Avenue from the west line of Orchard Avenue to 330 feet west upon the completion of the traffic calming measure. PASSED AND ADOPTED this 6th day of August, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk B:XBSI Cl~t~.Np (~"IlV. L~c1 UC~ ~NIY-ld ~nN~A v RESOLUTION NO. 94-54 RESOLUTION OF THE CITY OF UKIAH DECLARING ITS INTENT TO DEVELOP AND IMPLEMENT MEASURES TO LESSEN TRAFFIC IMPACTS IN THE RESIDENTIAL AREAS ON FORD STREET AND CLARA AVENUE WHEREAS, the City of Ukiah recognizes that the Wagenseller and Orr Creek Neighborhood (the Neighborhood) and its streets have been devoted historically to residential and other uses; and WHEREAS, Ford Street and Clara Avenue have become "collector" streets, being the only east-west streets currently available north of Perkins Street able to accommodate traffic to and from shopping areas developed along Orchard Avenue; and WHEREAS, it is recognized that recently approved expansion plans for KMart along Orchard Avenue will be completed prior to infrastructure improvements to Orchard Avenue and Brush Street; and WHEREAS, the purpose of this resolution is to assist in the preservation of residential uses in the Wagenseller/Orr Creek Neighborhood by discouraging the use of Clara Avenue and Ford Street as primary routes for cars and trucks trying to reach businesses on Orchard Avenue; and WHEREAS, nothing in this resolution is intended to, or has the effect of, limiting the City Council's discretion in adopting or amending general plan documents or zoning ordinances, or otherwise performing the planning and zoning functions assigned by law to the legislative body of the City. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah: 1. Declares its commitment to have the Public Works, Planning, and Public Safety staff work with representatives of the Neighborhood in a timely and effective manner to develop and implement a Neighborhood Traffic Management Program to reduce impacts of traffic on Clara Avenue and Ford Streets. 2. The City's commitment shall include immediate steps to enforce the 25 MPH speed limit on Clara Avenue and Ford Street to ensure continued observance of safe driving in the Neighborhood. 3. The City's commitment shall include efforts to discourage increased use of the Neighborhood streets by any traffic generated by new developments along Orchard Avenue in excess of projections by Barton-Aschman Associates' Traffic Impact Analysis prepared for the KMart project. 4. The City's commitment includes considering and implementing, where practical and financially feasible, any other mitigation measures deemed appropriate to lessen impacts, as mutually worked out by City staff and Neighborhood residents over time, and as appropriately phased with other regional traffic improvements which individually and cumulatively lessen the need for Clara Avenue and Ford Street to be utilized as "collector" streets to accommodate cross-town traffic. 5. In considering and implementing any mitigation measures which may include physical alterations to right-of-way segments, the City and Neighborhood residents shall refer to applicable resource material and literature to guide their proposals, including, but not limited to, "Traffic Calming" written and published by CART (Citizens Advocating Responsible Transportation). 6. Any proposals which require physical alterations to existing street right(s)-of- way shall be evaluated and approved by the City Engineer and Traffic Engineering Committee prior to implementation to assure that the public safety and welfare are not compromised. PASSED AND ADOPTED this 1st of June, 1994, by the following roll call vote: AYES: Counci lmembers NOES: None ABSTAIN: None ABSENT: None Mastin, Malone, Wattenburger, Shoemaker and Mayor Schneiter Fred Schh(~rer, Mayor WINWORD/RO2/SAWYER Chicanes Definition: Chicanes are artificial blockages on opposite sides of the street to create an S-curvature on a naturally straight street. Normally they are created through the use of throating devices at intersections and mid-block locations. Purpose: The purpose of the chicane is to reduce speed and produce caution in the driver. It removes the feeling that the street is straight and introduces a serpentine alignment for the local street. Considerations: Requires no parking and require good sight distances in narrower street segments. Not effective on street segments with substantial horizontal curvature or where crest-vertical curves limit sight distance. If retrofit, utilities may need to be reconstructed and drainage may be affected. Santa Rosa Experience: Fourth Street in the downtown area (although the street is not in a residential area). Cost (Typical): Varies dependent upon the design. Figure 3a. Chicane. Mid-Block '..'..'..'.' .' .'..i I".".' .'" ".".'i I'.......' .' .' .'i l"igure 3b - Chicane. Using Throating at Intersections Traffic Management and Calming Within Santa Rosa Page 18 SSS DEVIATION$ Definition: Deviations redraw the path of travel so that the street is not straight (by the installation of offset curb extensions. Temporal_: May be tried on a temporary basis for 6-12 months. Street Types: Any street with adequate right- of-way. Maintenance: Landscape maintenance will constitute an ongoing expense. Don't Use If: · Roadway is already narrow. Neclatives : · Expensive. Best Used For: · Excessive speed on straight street. · Adequate right-of-way exists to alter curbline. Benefits: · Accepted by public as speed control devices. · Aesthestically pleasing. · Reduce speed without significantly impacting emergency response. Considerations: · Deviations are not very effective unless significant offsets are created. · Neighbors may be responsible for landscape maintenance. ITEM NO. 5c DATE:. AUGUST 6, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPT RESOLUTION ESTABLISHING NO PARKING ZONES ON THE NORTH AND SOUTH SIDES OF FORD STREET FROM THE WEST LINE OF ORCHARD AVENUE TO 140 FEET WEST Submitted for the City Council's consideration and adoption is a resolution which would, if adopted, establish no parking zones on the north and south sides of Ford Street from the west line of Orchard Avenue to 140 feet west. The no parking zones are needed to accommodate the traffic calming measure that will be constructed in the very near future as a component of the Traffic Calming Project recently approved in the 1997/98 budget. The traffic calming measure at this location will be a traffic island located in the middle of Ford Street at its intersection with Orchard Avenue as depicted in the attached sketch. This island will reduce the roadway to two through travel lanes of approximately 12 feet in width and one dedicated left-turn lane for east to northbound vehicles. There will be no room for on-street parking. If the resolution is adopted, the no parking zones will be implemented upon the completion of the traffic calming measure. The Traffic Engineering Committee has reviewed this item and recommends that the no parking zones be established. RECOMMENDED ACTION: Adopt the resolution Establishing No Parking Zones on the North and South Sides of Ford Street from the West Line of Orchard Avenue to 140 feet West. ALTERNATIVE COUNCIL POLICY OPTIONS' Not adopt resolution and direct Staff to eliminate the traffic island as a planned traffic calming measure at this location. Appropriation Requested. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Residents adjacent to the proposed No Parking Zones. Traffic Engineering Committee Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Resolution. 2. Sketch of Proposed Traffic Calming Measure. andace Horsley,' Cit~ AFORD.NP Manager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING NO PARKING ZONES ON THE NORTH AND SOUTH SIDES OF FORD STREET FROM THE WEST LINE OF ORCHARD AVENUE TO 140 FEET WEST WHEREAS, the City Council, may by resolution designate portions of streets upon which the standing, parking of stopping, of vehicles are prohibited or restricted pursuant to Article 11, Chapter 1, Division 8, of the Municipal Code; and WHEREAS, the City Council has supported the installation of traffic calming measures on Ford Street at Orchard Avenue; and WHEREAS, in order to accommodate one of the traffic calming measures it is necessary to prohibit the standing, parking, or stopping of vehicles on the north and south sides of Ford Street in the vicinity of the traffic calming measure; and WHEREAS, the Traffic Engineering Committee recommends that the no parking zones be established in the vicinity of the traffic calming measure upon the completion of the construction of the measure. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that no parking zones be established on the north and south sides of Ford Street from the west line of Orchard Avenue to 140 feet west upon the completion of the traffic calming measure. PASSED AND ADOPTED this 6th day of August, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk F~D~P ITEM NO. 5d DATE: AUGUST 6, 1997 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE QUIT CLAIM DEED RELATED TO A FORMER PORTION OF HOSPITAL DRIVE Submitted for the City Council's consideration and approval is a request that the City Manager be authorized to execute, on behalf of the City, a Quit Claim Deed related to a former portion of Hospital Drive. To accommodate the construction of the new K-Mart Store, the City Council vacated a portion of Hospital Drive from the west line of Orchard Avenue to 800 feet west by the adoption of Resolution No. 94-59. The vacation of this portion of Hospital Drive eliminated it as a public street, however, the City remains the underlying fee owner. Hospital Drive was originally established with the approval and recordation of the Pear Tree Business Park Subdivision Final Map. Hospital Drive was offered to the City in fee and was accepted by the City Council· The vacation proceeding did not change ownership of the land. It was the City's intent to transfer all of its interest to the former property owner. The new K-Mart structure occupies this portion of the former Hospital Drive. A Quit Claim Deed has been prepared that will, upon execution and recording, transfer the City's interest to the adjacent property owner, Pear Orchard Associates. K-Mart is entering into a lease agreement with the property owner. RECOMMENDED ACTION: Authorize the City Manager to execute on behalf of the City a Quit Claim Deed transferring the City's interest to a former portion of Hospital Drive to Pear Orchard Associates, adjacent property owner. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Appropriation Requested: Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Rick H. Kennedy, Director of Public Works/City Engineer Rick H Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager I · . Quit Claim Deed Vacation Resolution No. 94-59. Copy of owners certificate on Final Map Granting Streets to City in Fee Simple. Portion of Final Map depicting Hospital Drive. APPROVED: Candace Horsley, Cit R:IXPW:kk AHOSPITAL.QCD Manager RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHER WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: ^ ...... PEAR ORCHARD ASSOCIATES 1050 NORTH GATE DRIVE, SUITE 285 s .... SAN RAFAEL, CALIFORNIA 94903 Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE uitclaiin Deed The undersigned declares that the docuntentary transfer tax is $ ......... -0- ......................................................................... and is [] computed on tile full value of tile interest or property conveyed, or is [] computed on tile full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in [] unincorporated area [~ city of.....IJ..K..[..A.~. ...................................................................................... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF UKIAH, ^ MUNICIPAL CORPORATION does . hereby remise, release and forever quitclaim to PEAR ORCHARD ASSOCIATES, LLC the folowing described real property in the CITY Of UKIAH state of California: county of MENDOCINO A strip of land, being a portion of Lot 2, as that Lot is numbered and designated on the Map for Parcel Map 76-18, Recorded in Map Case No. 2, Drawer No. 29, Page rio. 23, Records. of Mendocino County Recorder, also being a portion of Hospital Drive as that drive is shown on said Map, and more particularly described in Exhibit "A" attached hereto and made a part hereof. Dated. STATE OF CALIFORNIA '1 COUNTY OF. ~ SS. On this the .... day o! t 9 .__, before me, the undersigned, a Notary Public in and for said Counh/and State. personally appeared Candace ttorsley, City Manager .City of Ukiah, pursuant to Minute Order Dated August 6, 1997 ................................. personally known to me or proved to me on the basis of satisfactory evidence to be the person .... whose name__ subscribed to lhe within instrument and acknowledged that __~ executed the same. Signature of Notary FOR NOTARY SEAL OR STAMP M.-tll. 'F.tX STATEMENTS TO PARTY SIIOWN ON FOLLOWING LINE: 1F NO PARTY SO SIIOWN. MAll...tSDIIIEC'FEDABOX'i Name Street Ad,lres~ City & State EXHIBIT "A" TO QUITCLAIM DEED OF A STRIP OF LAND FORMALLY A PORTION OF HOSPITAL DRIVE CITY OF UKIAH TO PEAR ORCHARD ASSOCIATES Beginning at a point that lies on the west line of Orchard Avenue and on the centerline of Hospital Drive, as said west line and centerline are shown the Map of the Pear Tree Business Park Subdivision, recorded in Map Case No. 2, Drawer No. 39, Page 17, records of said County Recorder; thence S 00° 14' 12" E, 72.94 feet, along said west line of Orchard Avenue to a circular curve, concave to the southwest, having a radius of 40 feet; thence northwesterly along said circular curve an arc length of 65.59 feet through a central angle of 93° 57' 24" to a point of tangency with the south line of said Hospital Drive; thence S 85° 48' 24" W, 625.50 feet, along said south line to the northeast corner of Lot 10 of said subdivision; thence N 04° 11' 36" W, 60.00 feet, along the northerly prolongation of the east line of said Lot 10 to the north line of said Hospital Drive; thence N 85 o 48' 24" E, 640.42 feet, more or less, along last said north line to a point of tangency with a circular curve concave to the northwest, having a radius of 40 feet; thence northeasterly along last said circular curve an arc length of 56.75 feet through a central angle of 81 o 17' 09" to a point of tangency to the west line of said Orchard Avenue; thence S 04° 31' 15" W, 61.35 feet, along last said west line to a point of deflection of last said west line; thence continuing along last said west line, S 00° 14' 12" E, 3.30 feet, to the Point of Beginning. R:I\ENG PEARORCHARD.EXA 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 When Recorded Mail to: City Clerk City of Ukiah 300,:Seminary Ave Ukiah, CA 95482 RESOLUTION NO. 94-59 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ol,',." "~ VACATING AN EIGHT HUNDRED (800) FOOT PORTION OF .. COI.,t.;'~'( C;,[IF. HOSPITAL DRIVE BETWEEN HAMILTON STREET AND ORCHARD AVENUE WHEREAS, the City Council conditionally approved use permit 93-32 (Resolution 94-48) to allow construction of a 117,162 square foot K-Mart store over a portion of Hospital Drive; and WHEREAS, an integral component of the design for the K-Mart project calls for the closure of a portion of a city street; and WHEREAS, Section 8320 et. seq. of the State of California Street and Highways Code prescribes the procedure for the vacation of rights-of-way and public service easements; and WHEREAS, the City Council adopted a Resolution on May 18, 1994 declaring its intent to vacate an eight hundred (800) foot portion of Hospital Drive between Orchard Avenue and Hamilton Street; and , WHEREAS, the City Council provided the public notice required by the State of California Streets and Highways Code Sections 8322 and 8323; and WHEREAS, on June 15, 1994, the City Council conducted the public hearing in accordance with California Streets and Highways Code Section 8324 and heard and considered all evidence offered at said hearing by interested persons; and ' WHEREAS, based upon the evidence presented, the City Council finds that 1) the portion of Hospital Drive between Orchard Avenue and Hamilton Street is unnecessary for present or prospective public use and2) the Ukiah General Plan does not apply to the vacation of said street, and the right-of-way vacated herein is not useful as a unmotorized transportation facility as defined in California Streets and Highways Code Section 156 (a facility designed primarily for the use of pedestrians, bicyclists or equestrians). ' 28 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 NOW, THEREFORE, the City Council of the City Of Ukiah RESOLVES AND FINDS as follows: 1. A public hearing was conducted regarding the vacation of Hospital Drive between Orchard Avenue and Hamilton Street on June 15, 1994. 2. The vacation of a public right-of-way is made under the provisions of Section 8320 et. seq. of the State of California Streets and Highways Code. 3. The right-of-way vacated by this resolution is the street section referenced herein as that portion of Hospital Drive commencing at Orchard Avenue, and extending eight hundred (800) feet westward to a point just east of Hamilton Street, and particularly described in Exhibit "A," attached hereto and incorporated herein. 4. From and after the date this Resolution is recorded, the street section described and depicted in Exhibit "A" no longer constitutes public right-of-way or a street, and the property encompassed by said right-of-way is reverted to private ownership for the purpose of constituting a 117,162 square foot K-Mart store, consistent with City adoption of a Mitigated Negative Declaration (Resolution 94-47) and use permit approval (Resolution 94-48). PASSED AND ADOPTED this 15th day of June 1994, by the following roll call vote: AYES: Councilmembers Mastin, Malone and Mayor Schneiter NOES: None ABSTAIN' Counci lmember Shoemaker ABSENT: Counci lmember Wattenburger ATTEST: Fred Schneiter, Mayor CITY CLERK City of Uklah, California E)mct Certified To Be A,.,True /k SUBDIVISION PEAR TREE BUSINESS PARK BEING PARCEL P- OF M.5. TB-I~ FILED IN MAP CASE 8, DRAWER 2_9, PAGE 23 AND I~F_FLECTS THE ADDITION OF BOOK 1~:050. R., PAGF ~60, M.C.~. ALSO LYING WITHIN THE CITY LIMIT5 OF THE ~'ITY OF UKIAH, MENDOCINO COUNT~ CALIFORNIA 15 ON TE .ITY ERED )N. ON )IVI~ION OF' DAY OF , ~7~ 1142 0 THE UNDERSIGNED CERTIFY THAT THEY ARE THE OWNERS AND HAVE TIlE RIGHT, TITLE, AND INTEREST IN, AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAR THAT THEY ARE ALL PARTIES HAVING ANY RE~:DRD TITLE INTEREST IN THIS LAND SUI~DIVISION, EXCEPT A$ HEREON PERSUANT TO SECTION 5~63 OF THE URIAH CITY CODE AND TITLE 7, DIVISION E, CHAPTER ~, OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA; THAT T~EY ARE TH~ ONLY PER~N$ WHOSE CONSENT I~ NEC~SA~YTOPA~A~TI~E~ID PR0~R~ ~g ~T ~EY ~S~T ~ ~ ~A~T~ AND R~I~ 0r THIS ~P ~D ~ ~ ~VI6ION AS 5~WN ~I~IN I~ ~RDER LINES. ~HE UNDERSIGNED OFFER ~ GRANT ~ THE CITY OF URIAH, 'IN FEE SIMPLE ALL PARCELS WITHIN THEIR SUBDIVISION DESIGNATED STR~TS, DRIVES, WAYS OR ALLEY5 AND ALL IMPROVEMENT~ THEEEON.~EY OFFE~ TO DEDICATE TO THg C~TY OF UKIAH THOSE INTERESTS SHOWN IN ALL OT~Rz PS,ES5 INDICATED %O BE FOR ANY PUBLIC USE. ACHNOIiVI £ g6£tI4£NT ~P..'~_b~______, 1981 . BEFORE ~E A NOTARY PUBLIC IN AND FOR THE COUNTY OF MENDOCINO. ~TATE OF CALIFORNIA RESIDING THEREIN, DUL'Y c...:~;.lrvllS~l,3NED AND $WORN,PE-RSONALLY APPEA~ED ALEX ~. I-t~0MA~ AND GABRIELLE A. ]}~0;.~5 KNOWN %0 ME T0 bE THE PERSONS WHOSE NAMES AR~ S~SCRtBED THE WITHIN INSTR, UMENT AND ACKNOWLEDGED TO ME THAT ~EY EXECUTED T~E SAME IN WIT BANISH NESS~'HEREOF, I HAVE HEREUNTO 5ET D~FF~XED M~FIC~ ~ T~,~ ~Y AND YEAR IN THIS C~R~:~ ~ST W m . NOTARY--PUBLIC I~~D~O~ COUNTY OF MENDOCINO, ~~A~OF CALIFORNIA ~ ~M~iSSIO~ EXPIRES /-~~~ .............. I~..:_~. .... r STE[' CE TIFI VVESTERKI TITLE INSURANC.E COMPANY, TRUSTEE UNDER DIE]ED OF TRUST AGAIN3T THE TRACT OF LAND HEREON SHOWN CONSENTS TO 1-HE MAKING AND FILING OF THI5 MAP. IN WITNESS WHEREOF 5AID C3OP~PORATION HAS CAUSED ITS CORPO. PNA-FE NAME TO'~E H~REUNTO AFFIXED THIS_JtL DAY OF A Ct(#OIiYZ £DG£M£NT COUNTY OR MENDOCINO $TATE OF CALIFORNIA ON THIS~ DAY OF ~'~+~*~ 1eSI I~EFO~E ME A NIOTAR~' PUI~LIC IN AND FOR THE COUNTV OF MENDO~INO. '. ~ESIDING TMERglN DULY COMMISSIONED AND SWORN PE~NALLY APP~RED ~ ~ ' KNOWN TO ME %O ~E THE ~.~=:W4N{ '~~TITLE IN~U~CE ~PAN~ ~E ~RPO~T ThAT EXECUTED WITHIN INSTRUMENT AND ~MOWN TO ~E TO ~E ~hE PE~ WHO E~ECUTED ThE SA~E UPON ~Eh~LF OF THE ~PO~t~ON N~ED THEREIN AND ACkNOWLEDgED ~ ~E ~AT ~ID CO~ATION EXECUTED THE T~U~EE. IN W~TNE~ WHEREOF I HAVE H~EUNTO SET ~Y HAMD AND AFFIXED ~Y OFFICIAL 3EALJHE DAY ~ND ~E~ FI~3T A~V~ W~ITTEN. ~A~Y P~_~_~_.~D. FOR THE ~U~ OF .__G A RY L. IVIL F~. E P R.F__ ._~ E MY IS TRUE ARE OF .SURVEY ToI~. AFFIXED 8~ DAY OF, G C/Y Y 1 ALFRED 5. KR ~ND CH AS SHOWN THE -rI-.I E R.E 0 I:~', A COIv~ THE THE UKIAH ALI CIT/Y ENGI FILED AT OF MAPS THE CALI PAST ~ VIOLA N, COUNTY. FEE l~ 7. 4-10 EA$~ u I 'r; d 6 u 0 .I I ,.- /',A ,9S t I I .LZ oO0'n} "dO r~ "~O AGENDA SUMMARY ITEM NO. 5e. DATE: AUGUST 6, 1997 REPORT SUBJECT: AUTHORIZE CREDIT CARD ACCEPTANCE AS A REGULAR PROGRAM FOR PAYMENTS TO THE CITY OF UKIAH AND AUTHORIZE DEVELOPMENT OF A REQUEST FOR PROPOSAL FOR CREDIT CARD PROCESSING SERVICES. In February 1997 the City Council adopted a pilot program offering credit card acceptance for payments on utility and miscellaneous bills. This pilot program has offered customers an alternative method of payment. Although a majority of customers used their credit card to pay their utility bills, many building permits, business licenses, insurance payments, and parking citations have also been paid with a credit card. Customers have used credit cards an average of 23 times per month with an average transaction amount of $141.07. This level has occurred with very limited promotion. If implemented as a regular service, more aggressive marketing such as printing credit card Iogos on statements and publications should increase awareness of the convenience to all customers. Staff believes the pilot program has been a success, and is recommending that credit card acceptance become a permanent program. A regular program of credit card acceptance would necessitate installing credit card processing devices at the cashier station in the Civic Center, rather than continuing to use the equipment at the Conference Center which often delays receiving authorizations. The initial installation will incur increased operational costs and ongoing processing service costs may vary based on the number and average amount of transactions. Currently, costs are being absorbed through the banking service agreement that the City has with Westamerica Bank. Staff recommends that a Request for Proposal be developed to solicit processing services on a competitive basis. Staff recommends authorization of credit card payment acceptance for City bills and fees as a regular program, and the development of a Request for Proposal for processing services. RECOMMENDED ACTION: 1. Authorize acceptance of credit cards as a regular program of the City of Ukiah. 2. Authorize development of a Request for Proposal for Credit Card Payment Processing Services. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine if modifications to the existing program are necessary, identify changes, and authorize credit card acceptance program with revisions. 2. Do not authorize development of a Request for Proposal to accept credit card payment and direct staff to discontinue pro~lram. Acct. No. (if NOT budgeted): N/A Acct. No.: N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Patsy Archibald, Customer Service Supervisor Coordinated with: Gordon Elton, Finance Director and Candace Horsley, City Manager Attachments: None APPROVED? ~) Candace Horsley, City'~/lanager PA:credperm.agn AGENDA ITEM NO. 5f DATE' AUGUST 6, 1997 SUMMARY REPORT SUBJECT: AWARD REPAIR WORK TO EMPIRE TRACTOR FOR THE REPAIR OF LANDFILL HEAVY EQUIPMENT AT AN APPROXIMATE COST OF $65,000. Submitted for the Council's consideration and approval, is a request to award maintenance services to Empire Tractor for the repair of heavy equipment utilized at the Landfill. Cost of the services is estimated at $65,000. Included in the approved Landfill 97/98 Budget, is the replacement of the 955L track loader with a pre-owned unit at a cost of $52,900, and the rebuild of the compactor engine at $33,100. At the request of Staff, two equipment service firms inspected the 955 track loader, 826 compactor, and the D8 dozer to formulate a recommended repair program which would, if implemented or performed, facilitate two more years of service without major breakdowns. Both firms recommended that the 955 track loader be repaired in lieu of replacing it with a pre-owned unit. Another firm quoted a price for cleat replacement for the 826 compactor only. Attached is a summary of recommended repairs, and the corresponding estimated costs. It is to be noted that the recommended repair programs are not comparable between the service firms in all cases. Based on the amount or extent of repair at the estimated costs, Staff is recommending that repair work, as noted in the summary sheet, be awarded to Empire Tractor. The total estimated cost is $65,000. Staff is also recommending that the budgeted amount of $86,000, for the replacement of the track loader and engine rebuild for the compactor, be utilized to fund the recommended repair work. RECOMMENDED ACTION: Award repair work to Empire Tractor for the repair of Landfill heavy equipment at an approximate cost of $65,000. Authorize the expenditure of up to ,~86,000 within account 660.3401.800.000 for repair, rather than replacement/rebuild. ALTERNATIVE COUNCIL POLICY OPTIONS: Not award contract for repair work and direct Staff to formulate alternatives. Requested by: Prepared by: Coordinated with' Attachments' Rick H. Kennedy, Director of Public Works/City Engineer Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager I , 2. 3. 4. 5. Repair/Cost Summary Sheet Repair Estimate from Empire Tractor Repair Estimate from Peterson Tractor Repair Estimate from Caron. Budget Summary Sheet APPROVED: ,_~ ~~ Candace Horsle¥, City ~anager R: 1 ~d~IDFR.L:irk AEQUIP.RPR ESTIMATE FOR REPAIRS ON LANDFILL EQUIPMENT D8N 955 955 826 TOTAL UNDERCARRIAGE REBUILD ENGINE TRACK REPAIR REPLACE CLEATS (1 ) (3) (6) PETERSON CAT $33,019.44 $15,823.00 $6,691.77 $19,056.00 $74,590.21 (2) (4) (5) (7) EMPIRE $29,963.00 $13,390.00 $2,602.00 $18,580.00 $64,535.00 TRACTOR (8) CARON N/A N/A N/A $30,390.00 COMPACTOR (1) (2) (3) (4) (5) (6) (7) a. c. a. Reshell bottom roller. Moderate service track shoes installed. Excludes: any broken bolts. idler damage due to loss of oil. Split hauling cost to Willits. Super extreme service track shoes installed. New rollers. Includes broken bolts. Resealing track adjusters Includes hauling. Excludes: Includes: Machine work to cylinder block. Replacement of crankshaft or camshaft and lifters. 6 months warranty - parts & labor. Camshaft, lifters & bushings, Polish crankshaft. Recondition cylinder block. Hauling cost included. One year warranty - parts & labor. Empire Tractor recommends not investing in these tracks. After turning bushings and replacing sprocket segments, the remaining components may only be good for one to two thousand hours. They recommend running out the life remaining in these tracks, A complete under carriage replacement is approximately $13,5000. a. b. Turn around of ten working days. Excludes hauling - $600 each way to Santa Rosa. 4 year, 10,000 hour warranty. 2 - 4 day on-site installation - Sunday & Monday O.K. (8) a. b. Estimate is for replacement with Pin-On replaceable caps. 4 day on-site installation. R: 1 \LANDFILL:kk AEQUIP. REP 1.~,,,'3 ~-.~ A.~. ~_ ~ ~ ENGINE ARRANGEMENT _ CITY., L~,l'~.,- .... ~ ........................... ~,~.~:~ ........ HOURMETER ............................ AT~CHMENTS , . ~,.~. ~ .... ................................. - ~, = . , ..... , ~, ___~ ..... ! ' · ................................... , ....... . ~.~~ ..... .... , = , ~POSAL IS BASED UPON LABOR RATES PARTS PRICES AND CONDITION OF MACHINE HAULING EXISTING ON THE DATE OF THE PROPOSAL INDICATED ABOVE. THE CUSTOMER WILL BE ADVISED F A THE AB -- ' ' 'O NY , , ' OR DDITIONAL WORK REQUIRED PRIOR TO SIART OF WORK FREIGHT / CHANGES OR REVISIONS " 'E' OU~L~O H~DWARE, TAXES, AND C~S~ABLE WILL BE ADDED TO THE ABOVE PROPOSAL UNLESS SIAl D ~HERWISE, CU~M.~R.~~TO NORMAL TERMS UNLESS STARED OTHERWISE SUBMtTI'ED BY: ~ CUSTOMER DATE 'PLUS TRACTOR AND EQUIPMENT CO. · NEWARK RoHNEmPARK (510)790-3600 (707)584,9i61 (408) 848_4150 PHONE NO. DESCRIPTION OF REPAIRS ESTIMATE [] I F.O.B. QUOTE [] PARTS LABOR TOTAL rilE ABOVE PROPOSAL IS BASED UPON LABOR RATES, PARTS PRICES, AND CONDITION OF MACHINE HAULING ~XlSTING ON THE DATE OF THE PROPOSAL INDICATED ABOVE. THE CUSTOMER WILL BE ADVISED OF ANY ~HANGES OR REVISIONS OR ADDITIONAL WORK REQUIRED PRIOR TO START OF WORK. FREIGHT, SUBLETS qARDWARE, I~XES, AND CONSUMABLE WILL BE ADDED TO THE ABOVE PROPOSAL UNLESS STATED 3IHERWlSE. CUSTOMER AGREES TO NORMAL TERMS UNLESS STATED OTHERWISE THIS ESTIMATE IS GOOD UNTIL ~ I ~ ~ 'PLUS TAX DATE TRACTOR AND EQuIpMENT CO' P.O. # SERIAL NUMBER ENGINE ARRANGEMENT AND SERIAL NO HOURMETER ATTACHMENTS CUSTOMER EQUIP. NO. PHONE NO ......................................................... _:._ CONTACT DESCRIPTION OF REPAIRS ESTIMATE [] J F.O, Bi ! ' "' I ~ ~ QUOTE []J PARTS LABOR TOTAL . [HE ABOVE PROPOSAL IS BASED UPON LABOR RATES, PARTS PRICES, AND CONDITION OF MA6HINE HAULING EXISTING ON THE DATE OF THE PROPOSAL INDICATED ABOVE. THE CUSTOMER WILL BE ADVISED OF ANY 3HANGES OR REVISIONS OR ADDITIONAL WORK REQUIRED PRIOR TO START OF WORK. FREIGHT, SUBLETS ~ARDWARE, TAXES, AND CONSUMABLE WILL BE ADDED TO THE ABOVE PROPOSAL UNLESS STATED DTHERWlSE. CUSTOMER AGREES TO NORMAL TERMS UNLESS STATED OTHERWISE CUSTOMER DATE TRACTOR AND EQUIPMENT CO. NEWARK RoHNERT PARK GILROY (510) 790-3600 . (707) 584,9161 (408) 848:4150 : MACHINE MODEL SERIAL NUMBER ENGINE ARRANGEMENT AND SERIAL NO HOURMETER ATTACHMENTS CUSTOMER EQUIP. NO. ! DESCRIPTION OF REPAIRS ESTIMATE [] I F.O.B. ,, QUOTE [] PARTS LABOR TOTAL I . ~ ~ "~ ....... ~ ~l' '~ ' rilE ABOVE PROPOSAL IS BASED UPON LABOR RATES, PARTS PRICES, AND CONDITION OF MACHINE HAULING EXISTING ON THE DATE OF THE PROPOSAL INDICATED ABOVE. THE CUSTOMER WILL BE ADVISED OF ANY ;HANGES OR REVISIONS OR ADDITIONAL WORK REQUIRED PRIOR TO START OF WORK. FREIGHT, ,SUBLETS ~ARDWARE, TAXES, AND CONSUMABLE WILL BE ADDED TO THE ABOVE PROPOSAL UNLESS STATED ~THERWlSE. CUSTOMER AGREES TO NORMAL TERMS UNLESS STATED OTHERWISE CUSTOMER DATE MACHINE MODEL '~~ SERIAL NUMBER ENGINE ARRANGEMENT AND SERIAL NO HOURMETER ......................... ATTACHMENTS CUSTOMER EQUIP. NO ESTIMATE []I FO.B. DESCRIPTION OF REPAIRS QUOTE []I PARTS LABOR HAULING SUBLETS 'FO IAL THE ABOVE PROPOSAL IS BASED UPON LABOR RATES, PARTS PRICES, AND CONDITION OF MACHINE EXISTING ON THE DATE OF THE PROPOSAL INDICATED ABOVE. THE CUSTOMER WILL BE ADVISED OF ANY CHANGES OR REVISIONS OR ADDITIONAL WORK REQUIRED PRIOR TO START OF WORK, FREIGttT, HARDWARE, TAXES, AND CONSUMABLE WILL BE ADDED TO THE ABOVE PROPOSAL UNI.ESS STATED OTHERWISE, CUSTOMER AGREES TO NORMAL TERMS UNLESS STATED OTHERWISE /'' / THIS ESTIMATE. IS GOOD UNTIL I/"vll"r~ '"'~ ~ DATE /0 Z_/o?' SERIAL NUMBER ENGINE ARRANGEMENT AND SERIAL NO ..................................................... HOURMETER .......................... ATTACHMENTS ..... CUSTOMER EQUIP. NO THE ABOVE PROPOSAL IS BASED UPON LABOR RATES. PARTS PRICES, AND CONDITION OF MACHINE EXISTING ON THE DA'rE OF THE PROPOSAL INDICATED ABOVE. THE CUSTOMER WILL BE ADVISED OF ANY CHANGES OR REVISIONS OR ADDITIONAL WORK REQUIRED PRIOR TO START OF WORK. FREIGHT, HARDWARE, TAXES, AND CONSUMABLE WILL BE ADDED TO THE ABOVE PROPOSAL UNLESS STATED OTHERWISE. CUSTOMER AGREES TO NORMAL TERMS UNLESS STATED OTHERWISE CUSTOMER DATE THIS EST'IMAT'E IS GOOD UNTIL StJBM,~TED 8,Y'. 5'~'''~ HAULING SUBLETS 'TOTAL 'PLUS TAX San Le~,ndro S.L. - Power Chico Eureka (510) 357-6200 (510) 895-8400 (916) 343-1911 (707) 443.1653 Redding San Jose Santa Rosa Willits Willows (916) 243-5410 (408) 436-8835 (707) 576-1616 (707) 459-9006 (916) 934-8839 REPAIR ESTIMATE CUSTOMER CITY OF U~IAt[ DATE JulY.9_j_1997 MODEL 955 S/N 81J09965 EQUIPMENT NO, HOURS/MILES 4000 + i, ,, TOTAL PART..' DESCRIPTION ESTIMATE ESTIMATE ESTIMATE .~ , THE FOLLOWING WORK TO BE PERFO~ED AT PETERSON'S WILLITS FACILITY WITH MACHINE A. REMOVE AND INSTALL ENGINE AND RADIATOR 500.00 2520.00 $ 3,020.0 B. COMPLETE REBUILD OF....~NG~NE* i1,875.0 C. DISASSEMBLE, CLEAN ONLY, AND REASSEMBLE ...... RADIATOR .............. 250 . 00 678.00 928.0 *REPAIR _ THE FOLLOWING _k- Replacement of en~.~e mounts. ............... _.~.~ .......... Repair o[ a_ccessor!p~ such as air condi~.ioner components, air compressor fans, hubs, damP~r P~lie]'s"', heat e~changers and aftercoolers. 3. ~ o~~e~ ~rs to deteri(~rated or ~amaged ~stings, c 1.e., ~, ~a~'~ ~vers ~'~y~ ............... III ..................... $15~823.0 The above prices are estimates only and good for 30 days, If we find that additional repairs are required, it will be necessary to increase our estimate accordingly, The estimates do not include taxes, hauling charges, environmental fees or miscellaneous charges, / ' ' ' ~.~,d~_~ . ~ ,~ ; ~ I ~'~ I San Leandro S.L. - Power Chico (510) 357-6200 (510) 895-8400 (916) 343-1911 Redding San Jose Santa Rosa Willits (916) 243~5410 (408) 436-8835 (707) 576-1616 Eureka (707) 443-1653 Willows (707) 459-9006 (916) 934-8839 REPAIR ESTIMATE CUSTOMER CITY OF UKIAH __DATE JULY 14_., 1997 MODEL DSN S/N 9TC01462 EQUIPMENT NO. HOURS/MILES_~_ iX, 000 + TOTAL PART~ DESCRIPTION PARTS LABOR & LABOR , ~_T_I.M .A.._T_E_ ....... __ESTIMATEESTIMATE THE FOLLOWING WORK TO BE PERFORMED AT PETERSON'S WILLITS FACILITY WITH DOZER REMOVED · AND UNDERC~RR~AG_E~_A_REA__Q_F___M~_.C~_I~ CLEAN. ,, LIFT AND BLOCK TRACTOR, ......... REMOVE TRACKS, 31,490.4z SEGMENTS , BUILD 3 IDLERS TO CAT Sp.ECS, ASSEMBLE TRACKS WITH NEW 24" . _ SHOES AND INSTALL ABOVE COMPONENTS. ...... , MAJOR WELDING! REPLACEMENT OF R.0. C_K G_UARDS~ BOGIES OR BOGIE P_A. DS, ROLLER OR . GRAND TOTAL* 33,019.44 The above prices are estimates only and good for 30 days. If we find that additional repairs are required, it will be necessary to increase our estimate accordingly, The estimates do not include taxes, hauling charges, environmental f~es or miscellaneous charges, San Leandro S.L. - Power Chico Eureka (510) 357-6200 (510) 895-8400 (916) 343-1911 (707) 443-1653 Redding San Jose Santa Rosa Willits Willows (916) 243-5410 (408) 436-8835 (707) 576-1616 (707) 459-9006 (916) 934-8839 REPAIR ESTIMATE CUSTOMER ,. CITY Oil.. UKIAH DATE JULY 15, 1997 MODEL 9 5 5 S/N 8 5J 0 9 9 6 5 EQUIPMENT NO. HOURS/MILES TOTAL PART~ DESCRIPTION .......... . LABOR TO REMOVE AND INSTALL TP, ACKS AND SEGMENTS AT LANDFILL WITH UNDERCARRIAGE _ AREA OF ........... 3090.0C $ 3 GUARANTEED LABOR AND ESTIMATED PARTS*TO TURN 1517.94 1613.00 3,130. $ ,, , ,, PRICE OF SEGMENTS AND HARDWARE IF DONE TN CONJUNCTION WITH ENGINE WORK AT WILLITS FACILITY, A SAVINGS OF $990.00 COULD BE REALIZED. - _ PARTS CONSIST OF BUSHING/SEAL GROUP AND - 1/2 SE~ OF SHOE HARDWARE. -- ,,, GRAND TOTAL* $1,988.77 4,703.0C $6,691.7~ 83 The above prices are estimates only and good for 30 days. If we find that additional repairs are required, it will be necessary to increase our estimate accordingly, The estimates do not include taxes, .hauling charges, environmental fees or miscellaneous charges. Form #3.03 1/'97 San Leandro S.L. - Power Chico Eureka (510) 357-6200 (510) 895-8400 (916) 343-1911 (707) 443-1653 Redding Sen Jose Santa Rosa Wiilits Willows (916) 243-5410 (408) 436-8835 (707) 576-1616 (707) 459-9006 (916) 934-8839 REPAIR ESTIMATE CUSTOMER CITY OF UKIAH DATE JULY 17~: 1997 MODEL 826C $/N 89x01350 EQUIPMENT NO. HOURS/MILES 6800 + ,. TOTAL PART~ DESCRIPTION ESTIMATE__ ES.~T.I,MATE ESTIMATE THE FOLLOWING WORK TO BE PERFORMED AT ..PE.TERSON' S SANT6_.~ROSA __ CLEANED PRIOR TO SHIPPING. LIFT, BLOCK, REMOVE OLD "PLUS 3" COMPACTOR 13,444.0_.0.~ 5613.50 $19,057. TEETH AND REPLACE WITH NEW TEETH, 25 PER WHEEL FOR A CLEANING__..0F. MACHJ_N.E ....... ~ OTHER WORK NOT SPECIFIED THREE WEEKS NOTICE REQUES_TED FOR_..ALLEViATiO~ OF FREIGHT CHARGES. i .......... GRAND IOTAL* I, ................. 13,'144.00 §~13.50 $19,057.50 5O ' The above prices are estimates only and 9cod for 30 days, If we find ti~at additional repairs are required, it will be necessa~ to ir~crease our estimete accordingly. The estimates do not include taxes, hauling charges, environmental fees or miscellaneous cha~s. For~,~ #103 1/97 7-22- t 997 .4..: 41 Pf'.1 FROM PETERSON TRACTOR 7E'~7 ,4.,_I.._ 7°,9_,97 p. o ENGINE OVERHAUL DISASSEMBLE ENGINE COMPLETE AND CLEAN ENGINE PARTS- RECONDITION OR EXCHANGE CYLINDER HEAD. REPLACE FUEL INJECTORS AS REQUIRED. TEST AND/OR REPLACE GLOW PLUGS. RECONDITION INJECTION PUMP AND GOVERNOR. RECONDITION OR EXCHANGE OIL PUMP. REPLACE THERMOSTAT. RECONDITION OR EXCHANGE WATER PUMP. TEST OIL COOLERS. RECONDITION OR EXCHANGE TURBOCHARGER AND RESEAL AIR INTAKE SYSTEM. REPLACE PISTONS, RINGS, CYLINDER LINERS, RODS, WITH CAT EXCHANGE CYLINDER PACKS. (CYLINDER PACK HAS NEW PISTON, RINGS, LINERS, WITH RECONDITIONED ROD.) 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'..',.'.:*'/;..';',:.~.~,,j!:].]!,~.-.':,~;;;j..,, ..,'~; L68L E~ LOL ~010~1 NOS~3±Bd ~'"~0~ H'V' L ~: 0 I. /_66 [ -/_ ~ -Z CARON® COMPACTOR COMPANY 25 YEARS SERVICE TO THE, SOLID WASTE DISPOSAL INDUSTRY 809 :~YLVAN AVENUE, SUITE 500 WESTERN USA (800) 448-8236 MODESTO, CALIFORNIA 953§0-1500 EASTERN USA (800) §41-~531 PHONE (209) 57B-9514 * FAX (209) 578-2833 TOLL FREE FAX (800) 68CARON FACSIMILE TRANSMISSION SHEET TO: CITY OF UKIAH, CA Jose Castanon 707-463-6204 A TTN: FAX NO.- FROM: DATE- Lesley Baile_y' July 10, 1997 NUMBER OF PAGES INCLUDING THIS PAGE- 15 IF T~'IERE ARE, ANY PROBLEMS RECEIVING THIS TRANSMISSION, PLEASE CAI_.L (209) 578-9514 IMMEDIATELY. THANK YOU. Hello, Jose: I'm sorry our computer is down today, so this fax is a little informal and not as informative as what I usually send o~t. I've sent drawings of the 7" tall Super Duty Pin-On teeth we discussed for your 826C wheels and quite a bit of information comparing our teeth to th~ CAT 1-piece weld-on "Plus" tips you're using now. Our group of 128 "traction" teeth and 64 "contour" teeth weighs 2,700 lbs. more than the 100 Plus tips on your wheels. Added weight can increase your compaction density. Our Pin-On replaceable caps are also harder than the Plus tips because no welding is required to ~t. tach them to the reuseable bases. This means you will .-~chieve longer wear life with the CARON tips. Current price for a group of Super Duty Pin-On 'teeth J.s $24,840. Our 2-man crew would be able to install them on-site in about 4 days - labor charge will be $4,900. Estimated de].ivery charge to Ukiah for the parts is $650. I hope this in format ion will ~e~7o~ some things to think about, a1%d I will have Mark Stapp follow up with you as soon as possible. Thank you for your interest. T 0 0 I~ ITEM NO. 5g. DATE: AUGUST 6. 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING GRANT APPLICATION TO CALTRANS FOR RUNWAY SLURRY SEAL AND STRIPING AND APPROVAL OF BUDGET AMENDMENT The City Council approved as a 1997-98 Airport budget goal and funded project, the restriping of the runway and taxiway. Staff had requested a grant from CalTrans to complete this project through the State Transportation Acquisition and Development Fund. These grant funds are now available in the amount of $103,000. This state grant program is a 90% CalTrans contribution and 10% local government contribution. The City's required matching funds would be $11,444, since the total project amount is $114,444. Required match funds are available in the Airport Fund. Account No. 600.5001.505.000 includes $8,000 earmarked for runway striping, with the remaining $3,444 available in the unencumbered Fund Balance. The budget amendment is necessary since the total project was not specifically identified in the budget. During our annual airport inspection, State Division of Aeronautics personnel advised airport staff that a slurry seal would soon be needed to prolong the life of the runway surface. Their recommendation helped to speed the grant process and make the funds available. The State requires the City Council to authorize the application and to certify the availability of matching funds before State funds will be released. Staff recommends adoption of the resolution. RECOMMENDED ACTION: 1) City Council adopt resolution approving the CalTrans grant, certifying the availability of matching funds, and authorizing the City Manager to complete all matters relative to the grant. 2) City Council approve budget amendment of $3,444 from Beginning Fund Balance of Fund 600 to account number 600.5001.305.000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution should be modified, identify changes, and approve revised resolution. 2. Determine grant is not to be pursued and direct staff to withdraw the request for grant funds from CalTrans Division of Aeronautics. Acct. No. (if NOT budgeted): 600.5001.305.000 Acct. No.: 600.5001.305.000 - $8,000 Appropriation Requested: $3,444 Citizen Advised: N/A Requested by: Don Bua, Airport Manager Prepared by: Paul Richey, Airport Assistant Coordinated with: Don Bua, Airport Manager, Mike Harris, Assistant City Manager, and Candace Horsley, City Manager Attachments: 1. Resolution for adoption, page 1. 2. Approved project list from CalTrans, page 2. 3. Cover Sheet of the Proposed Application, page 3. 4. Pertinent Excerpts of Adopted City Budget, pages 4-6. 5. Budget Amendment worksheet, page 7. Candace Horsley, City I~anager mfh:asrcc97 0806AIRPORT RESOLUTION NO. 98- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE SUBMITTAL OF AN APPLICATION, ACCEPTANCE OF AN ALLOCATION OF FUNDS, AND EXECUTION OF A GRANT AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR AN ACQUISITION AND DEVELOPMENT GRANT, AND CERTIFYING THE AVAILABILITY OF THE CITY'S SHARE OF MATCHING FUNDS WHEREAS, the California Transportation Commission has adopted the 1996 Aeronautics Program for airport improvement projects; and WHEREAS, the California Department of Transportation, pursuant to the Public Utilities Code and California Aid to Airports Program (CAAP) regulations, requires local government approval authorizing the application and certifying the availability of 10% matching funds; and WHEREAS, the City of Ukiah is submitting an application for Runway crack seal, slurry seal, and paint, which is included in the 1996 Aeronautics Program, at the Ukiah Municipal Airport. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah, State of California: o . . , Authorizes filing the application for the project in the 1996 Aeronautics Program; Authorizes accepting the allocation of funds for the project at the Ukiah Municipal Airport; Certifies the availability of the City's ten percent (10%) matching funds; Authorizes execution of the Grant Agreement; and o Authorizes Candace Horsley, City Manager, to sign any documents required to apply for and accept these subject funds on behalf of the City of Ukiah. PASSED AND ADOPTED this 6th day of August, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Sheridan Malone, Mayor Colleen B. Henderson, City Clerk mfh:resord RESAIRP Resolution No. 98- Page 1 of 1 California Department of Transportation 1996 Aeronautics Program 1996-97 Fiscal Year Projects ~ SPONSOR Previously Programmed Projects: Calipatrra MuniCipal City of Calipatria Chino County of San Bernardino Columbia County of Tuolumne Corona Municipal City of Corona San Carlos County of San Mateo Sequoia Field County of Tulare Tehachapi Municipal City of Tehachapi Witlits Municipal City of Willits New Projects: Adin County of Modoc Andy McBeth County of Del Notre Brawley Municipal City of Brawlcy Brawley Municipal Imperial County ALUC Buchanan Field Contra Costa Co. ALUC Calaveras County County of Calaveras Calaveras County County of Calaveras Calexico International City of Calexico Chico Municipal Butte County ALUC Columbia Tuolumne County ALUC El Monte Los Angeles Co. ALUC French Valley County of Riverside Hemet-Ryan County of Riverside Lincoln Regional City of Lincoln Mammoth Lakes Town of Mammoth Lakes Mariposa-Yosemite County of Mariposa Mariposa-Yosemite County of Mariposa Merced Municipal Merced County ALUC Montague-Yreka City of Montague Oxnard Ventura County ALUC Red Bluff Municipal City of Red Bluff Redlands Municipal City of Redlands Rohnerville County of Humboldt San Carlos San Mateo County ALUC Sequoia Field County of Tulare Sequoia Field County of Tulare Siskiyou County Siskiyou County ALUC Sonoma County Sonoma County ALUC Tehachapi Municipal City of Tehachapi Trinity Center County of Trinity Ukiah Municipal City of Ukiah PROJECT DESCRIPTION Install Segmented Circle Seal RVV's 3/21 and 8L/26R Overlay RW Construct Apron Slurry Seal Runway Install Segmented Circle Widen RW 10 Feet Lengthen RW, Land Acquisition, & Site Prel:) Install segmented circle Tree removal Reconstruct RW County-wide CLUP Cou nty-wide C LU P Enlarge runup area RW 31 and construct runup area RW 13 Re-ridge & surface RW 13/31 and TW Seal coat RW, TWs, and aprons County-wide CLUP County-wide CLUP County-wide CLUP Slurry seal RW 18/36 Overlay RW Seal coat RW Seal joints, remark RW and TWs Improve RW safety area & Slurry Seal RW Slurry seal RW and TW County-wide CLUP Slurry seal RW 14/32 and TW County-wide CLUP Slurry seal and remark RW and TWs Slag Seal shoulders, RW and TW Rehab RW, TW and apron County-wide CLUP Airport layout plan Reconstruct RNV County-wide CLUP County-wide CLUP Seal coat RW Overlay RW Slurry Seal RW and TW TOTAL, 96197 Projects ........ Programmed Cost $17 500 55 34O 22 15 125 13 15 26 206 41 82 124 68 167 41 103 201 62 412 64 121 268 113 155 49 103 172 26 227 37 21 206 155 103 62 175 103 ~! $4,795 STATE OF CAUFORNIA - DEPARTMENT OF TRANSPORTATION ACQUISITION & DEVELOPMENT FUND - APPLICATION DOA-O010 (Rev.5/96) PLEASE PRINT OR TYPE AND COMPLETE ALL ITEMS PART I. AIRPORT INFORMATION PUBLIC ENTITY City Of Ukiah (X3NTACT NAME Candace Horsley ~USINES$ ADDRESS 300 Seminary Ave. AIRPORT NAME Ukiah Municipal TITLE City Mana~ler Ukiah, Cal. 95482 pARTII, PROJECT INFORMATION Airport PERMIT NO. 23-3 BUSINESS PHONE 463-6200 PROJECT DESCRIPTION TOTAL COST FUNOS FUND~ ,, :unway crack seal, slurry seal & paint $114,444. $11,444. $103,000. mi I i R PART ilr ADDITIONAL DOCUMENTS Pursuant to Public Ulilibes Code Sections 21681-21684 and Section 4064 of the CAAP Regulations, please submit the following documents with this application: · Local ~mmt appro~ (re.so/ut/on or minute order) authorizing the application and cerlilying the availability of matching funds. · Completed Certificabon of Airport Eligibility for CAAP funds (Form DOA-0007). · Documentation evidencing full compliance with CEQA and State EIR Guidelines: State Clearinghouse No. SCM or Categorical Exemption Class No. · Application for Amended Airport Permit (Form DOA-0103) or Airport Site ApprovaJ Permit (Form DOA-O 100), if required. · Layout Plan showing project location and dimensions. i i i i ii i AUTHORIZED OFFICIAL'S SIGNATURE PRINT NAME Candace Horsley PART IV- AUTHORIZATION TITLE City DATE Manager SEND COMPLETED APPLICATION AND ALL REQUIRED DOCUMENTS TO: CAUFORNIA DEPARTMENT OF TRANSPORTATION AERONAUTICS PROGRAM . MS $40 P. O. BOX 942873 SACRAMENTO, CA 94273..0001 ~ 0 . ooo o ~0 m~ 0 0 ~ ~ o 0 ,~ uJ uJ I- Z LU Z Z 0 AGENDA ITEM NO. 5h DATE: AUGUST 6, 1997 SUMMARY REPORT SUBJECT: REPORT OF EMERGENCY WORK BEING PERFORMED PURSUANT TO SECTION 1530 OF THE UKIAH MUNICIPAL CODE AND REQUEST FOR BUDGET AMENDMENT TO FUND THE WORK At the request of the Public Works Director, the City Manager has authorized the removal and replacement of a concrete box culvert under South State Street in front of the Safeway store site, under the emergency provisions of the Ukiah Municipal Code, Section 1530. Cost proposals were requested from two local contractors and the work was authorized to be performed by Ferranti Construction on a time and material basis, not to exceed a maximum compensation of $12,300, based upon a defined scope of work. Wipf Construction provided an estimate not exceeding $16,300. During the performance of the site work within the Safeway store project area, a large subsurface void adjacent to an existing box culvert and drain inlet at the west end of the site was discovered. The City was notified, and upon inspection of the subsurface void, it was found that the bottom of the box culvert had collapsed and the drainage water had cut a large area under the sidewalk and portion of the northbound outside traffic lane of South State Street. A water line and a gas line were exposed and a portion of these pipes were unsupported. To safeguard against the collapse of the sidewalk and street and the subsequent damage to the water and gas line, the City hired Wipf Construction to fill the large void with sand cement slurry, however, portions of the failed culvert remain unsupported. For public convenience and safety, the removal and repair of this culvert should be completed as soon as possible. Staff recommends that the sum of $13,500 be transferred from the unobligated fund balance of Fund 301 (Gas Tax Fund No. 2107) to account 100.3110.250.000 within the Street Department budget (account total will increase from $26,000 to $39,500), to pay for the emergency work needed. Gas tax funds may be utilized for the replacement of this portion of the box culvert because it is within the Street right of way. The sum of $13,500 includes a 10% allowance for any extra work that may be encountered. RECOMMENDED ACTION: Receive report and authorize a budget amendment of $13,500 from the unobligated fund balance within Fund 301 to account 100.3110.250.000. ALTERNATIVE COUNCIL POLICY OPTIONS: Transfer General Fund monies from reserves to pay for the required work. Requested by: Prepared by: Coordinated with: Attachments: Rick Kennedy, Director of Public Works/City Engineer ./~ I~' Rick H. Kennedy, Director of Public Works/City Engineer Candace Horsley, City Manager 1. Letter of authorization to contractor to proceed with the work. 2. Budget Amendment Worksheet APPROVED' Ca dace Horsley, Cit~L Manager R: I kln~V:kk 300 SE~.I~~VE., UKIAH, CA 95482-5400 · Al)MIN. 7071463-6200 · PUBLIC ~n~-ETY 463-6242/6274 · · FAX # 7071463-6204 July 29, 1997 Don Ferranti Ferranti Construction P.O. Box 259 Redwood Valley, Ca 95470 Re' Notice to Proceed with Emergency Work Related to the Repair of an Existing Box Culvert Under South State Street Dear Don: This is to confirm that the City Manager has authorized you to remove and replace a portion of an existing concrete box culvert under South State Street fronting the Safeway store site under the Emergency Provisions of the City of Ukiah Municipal Code (Section 1530). Your compensation for performing the work as described in the attached letter dated July 28, 1997, and sketch, shall be on a time and material basis not to exceed $12,300. Any work that may become necessary, but not described in the scope of work, shall not be included in the not to exceed amount. Such extra shall include removal of existing box culvert beyond what is shown on the sketch by reason of unsuitability or unsuitable soil conditions encountered by reason of groundwater. Contractor will be allowed to close the north bound outside traveled lane to accommodate removal and replacement. Minor charges in the join to the existing box may be made to accommodate forming and striping. We ask that you start as soon as possible. A purchase order will be forthcoming. Director of Public Works/Cit~ Engineer RK:as CC: Candace Horsley, City Manager Gordon Elton, Director of Finance Jim Looney, Street Division Supervisor Nora Kennedy, Purchasing Supervisor '~Ve Are Here To Serve" _ 300 S,E.~ · ADMIN. 707/463-6200 · FAX /t 707/463-6204 k~--~VE., UKIAH, CA 95482-5400 · PUBLIC SAFETY 463-6242/6274 · July 28, 1997 Don Ferranti FERRANTI CONSTRUCTION Post Office Box 259 Redwood Valley, California 95470 RE: STORM DRAIN WORK TO REPAIR THE EXISTING BOX CULVERT UNDER SOUTH STATE STREET FRONTING THE UKIAH SAFEWAY STORE Dear Don: The City of Ukiah is seeking from you a proposal to provide construction services to repair the above mentioned box culvert. This proposal is to include your rates for labor and materials and give a stated not to exceed amount for performing the work as described below. . Remove existing walls and deck of the failed box culvert (approximately 12 linear feet). 2. Remove the 3' tall westerly wall of the existing storm manhole structure. . Construct new cast-in-place reinforced concrete single box culvert 18" x 72" x 12' per Cai Trans Standard Plan D80 tied into the existing box culvert and the existing storm manhole per details attached. . Reconstruct street section except for curb and gutter which will be constructed by Safeway as part of their frontage improvements. 5, Work to be coordinated with PG&E and the City of Ukiah Water Department for the relocation or installation of their facilities. If you have questions, please contact us as soon as possible as the City would like to proceed with this work immediately. Sincerely, ~ Rick Sands Engineering Associate Attachments RS:KK R: I \EN G LFERRANTI Are Here To Serve" I OITY OF UKIAH STD. PL. AN D8O ' U I 72 I.U UJ I- Z W Z Z 0 0 ITEM NO. DATE: August 6, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING APPLICATION FOR FUNDING AND EXECUTION OF THE GRANT AGREEMENT TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A PLANNING AND TECHNICAL ASSISTANCE ALLOCATION FOR DEVELOPMENT OF A COMMUNITY FACILITY The Ukiah Valley Cultural and Recreation Center Committee (UVCRC), which includes Councilmember Kelly, has been working for the development of a multi-purpose community facility in Ukiah. In pursuit of this goal, the Committee has requested assistance from the City of Ukiah to apply for grant funds through the Housing and Community Development Department (HCD) of the State of California. As these funds are only available to public agencies, the Committee has requested the City act as applicant and fiscal agent to receive funds. The grant application is for planning and technical assistance which will allow the Committee to complete a feasibility study and help determine ultimate costs for such a facility. The grant request is in the amount of $19,000 and will require a local match of $4,370. The local match is being funded entirely by the Committee through their private fundraising efforts. There is no direct financial obligation by the City of Ukiah attached to the application. The City will, however, incur some minor administrative costs due to accounting staff time. Madelin Holtkamp has prepared the attached grant application and will be present at the August 6 meeting to respond to any questions the Council may have. Staff believes the development of a community multi-purpose facility for arts, recreation, and sports programs would be beneficial to the community and recommends adoption of the Resolution authorizing application to HCD for grant funds in the amount of $19,000. RECOMMENDED ACTION: Adopt Resolution authorizing application to the Housing and Community Development Department for Planning and Technical Assistance Grant in the amount of $19,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine application is inappropriate at this time and take no further action. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: (if budgeted) Councilmember Kelly Larry W. DeKnoblough, Community Services Director~u~ Candace Horsley, City Manager Madelin Holtkamp, Economic Development Consultant 1. Proposed Resolution 2. Grant Application 4:LD:ASRRec Candace Horsley, City ~anager 1 2 3 4 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. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT FROM THE PLANNING AND TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM WHEREAS, the City Council of the City of Ukiah has determined the need for a multi-purpose community facility in which to deliver services to low income youth and their families; and WHEREAS, through the efforts of a community citizens group a local match in the amount of $4,370 has been raised and the City Council hereby approves use of these funds for the grant; and WHEREAS, the City Council has determined that federal Citizen Participation requirements have been met during the development of this application; and WHEREAS, the City Council has reviewed and hereby approves the application for planning and technical assistance in an amount up to $19,000. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Ukiah does hereby resolve to approve the application for a Planning and Technical Assistance Grant to the Housing and Community Development Department and authorizes the City Manager to sign agreements should the grant be approved. PASSED AND ADOPTED this 6th day of August, 1997 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Sheridan Malone, Mayor ATI'EST: Colleen Henderson, City Clerk 4:Res:UVARC.Res Applicant: r~ City of El County of: Ukiah 1997 PfrA Application Summary Form Applicant: City o£ Uki~ In the County of Mendocino Total Amount of Funds Requested: $19,000 . Name and title of person authorized in the resolution to sign the grant agreement if funded: Name: Horsle_x- Candace (Last) (First) Title: City Manager (MI) e Address of person authorized in the resolution to sign the grant agreement: Address: 300 Seminary Avenue (City) Ukiah CA 95482 ' (State) (Zip Code) , The work shall consist of: A feasibility study for a community facility in which to deliver services to low-income youth and their families.-~ 6. List activity rifle, amount requested and amount of cash match by applicant: Activity Title: Feasibility Study Amount requested may not exceed $35,000. Refer to Section V to determine minimum cash match required. 26 1997 P/TA Application Summary Form Applicant: ~ty of L~i~ 7. Proposed Beneficiaries by Income Group A B C Above 80% Between 50% - 80% Below 50% (Non-TIG) (TIG) (LTIG) (!) (2) (1) (2) (3) (b) Total # of families Total # of Total # of families Total # of Total # of families Total # of or households persons to or households persons to or households persons to to benefit benefit to benefit benefit to benefit benefit 125' 160' 100' 150' . Applicant's Staff Contact Information: ~based on usage projections for completed facility Last: First: MI: DeKnoblough Larry Title: Asst. Redevelopment Director Mailing Address: 300 Seminsry Avenue City: Ukiah State: CA Zip: 95482 Telephone #: Area Code: (70~) 463-6221 Fax #: Area Code: (705 463-6204 . Consultant/Other Public Agency Contact Information: Last: First: Holtkamp Made/in Mailing Address: 300 Seminary Avenue City: State: Zip: Ukiah CA 95482 Telephone #: Area Code: (707) 463-6717 Fax#: AreaCode: ~07) 462-2088 27 10. Type of Application 1997 P/TA Application, S.urn mar~, Form Applicant:Uz~y or om_an A. ~I On Applicant's Own Behalf B. /-i Joint Application: and C. F! On Applicant's Own Behalf and on Behalf of 11. Legislative Representatives D. l-IOn Behalf of _Only E. l/For Funding from the Economic Development Planning/Technical Assistance Allocation F. 171For Funding from the General Planning/Technical Assistance Allocation A. A. Member of the ASsembly District No. i Name:strum_Matin Capitol Room #: P.O. Box 942849 District No. Name: ' Capitol Room #: State Senator A. District No. 2 B. Name: Thompson C.' Capitol Room #: 3056 A. District No. 'B. Name: C. Capitol Room #: Ao Ao Member of Congress District No. 1 Name: R_t ggs Office Bldg and Address: 1714 Longworth District No. Sarlle.' Office Bldg and Address: 28 1997 P/FA Application Summary Form Applicant: City of Ukiah 12. Has applicant enacted limitations on residential construction which are not establishing agricultural preserves, not imposed by another agency, or not based on a health and safety threat? Yes l~[ No 13. 14. Has the applicant submitted an adopted Homing Element to the Department? 1'3rt Yes Fi No If yes, complete and attach a self certification (see Sample page 38) that the housing element is in procedural compliance with State Homing Element Law. Is the application for low income homing? Fl Yes [~ No It is_the finding of the City/~ of Ul~ that the activities proposed in this app!ication for State Community Development Block Gra~i-f~li'~r;~'(~i~;~~"''~ .env~i.ro..mn_..en_.tal r_e_vi_ew requirements under NEPA became they a~ ~-e-fi~'~l"~'e~J~;t activities in 24 CFR Part 58'34' The ac~vi, tyS~) judged exempt c°nsist(s' °f: ........ ~- ........... 2. 3. 16. OFFICIAL AUTHORIZED TO SUBMIT APPLICATION Name Candace Horsley Signature Title City Manager (Prin0 Date 29 17, Application Checklist: 1997 P/TA Application Summary Form Applicant: ~ of' Ulctah Application Summary Form Activity Description Form Activity Budget and Schedule Forms - Schedules 1-3 Statement of Assurances 121 Resolution by Governing Body Approving Application and Documenting Cash Match rn Housing Element Certification Fi Letters of Intent of Commitment from Business Owner (if applicable) Letters Received from Citizens Regarding Application and Responses (if applicable) Joint Powers Agreement (if applicable) Scope of Work/Documentation of Cost Estimates (if applicable) 30 1997 P/TA Attach one form for each activity. Page 1 of~ Activity Title: Fea~ibilit,v Study . . CDBG funds requested for this activity: $.~ o00 For General Allocation PfFA applications, please describe how the objective of principally benefitting TIG persons will be met by this activity. For Economic Development PfrA applications, please state which national objective this activity addresses and how the activity will meet that objective. See the Program Objectives section of this application package for the discussion about meeting national objectives. see page 2 of 4 following . . Attach a detailed description of the program design used to implement the activity. see page 3 of 4 following Describe the final product. see page 4 of 4 following 31 City of Ukiah p. 2of4 3. Activity Description The proposed Center to be studied would be an all purpose service center that would provide a space for the delivery of services to Targeted Income Group children and their families. Since eligibility for many of these services is determined by household income, the objective of benefiting primarily the Targeted Income Group would be met. Mendocino County is a largely rural county which has experienced a decline in traditional employment sectors. Mendocino County reports 14.2% of households live beIow the poverty line (13% in Ukiah). Minority residents represent a disproportionate share of households living below the poverty level. While 10.9% of white households live below the poverty level, 26.0% of Hispanics and 37.7% of Native Americans are below poverty (data based on 1990 Census). Local school districts have experienced increasing enrollments, but have faced a budget and space constraints. There are fewer available facilities in which to provide various services. With the mandated reduction of class sizes, there are even fewer rooms available at school sites to provide services such as vision screening, dental screening, alcohol and other drug prevention services, counseling and support services for children of families with alcohol and other drug problems, gang prevention activities, low or no cost after school programs, mentoring programs and the like. As welfare reform progresses, we anticipate an increased need in the community to provide services to newly employed, but still low-income, parents and their children. The proposed Center would fill an identified need to provide an accessible facility to provide these services to the Targeted Income Group. The facility would be served by public and school transportation services and available during a broad range of hours. City of Ukiah p. 3of4 0 Detailed description of the program design The feasibility study we propose has 4 components: A comparative evaluation of the proposed sites to determine cost, environmental issues, planning constraints and the like, with the result that a single most desirable site will be identified and the remaining sites ranked, along with a rough cost of development for each site. . Development of a funding plan for the implementation phase of the project. This plan will include identification of local contributors, an assessment of their level of participation, identification of sources of implementation funds from grant makers and lenders, projections of on-going income from service delivery agencies and use fees. o Surveying the participation needs of agencies who would deliver services to the targeted income group and whose rent contributions would form the principal portion of the income stream for the center once it is up and running. Agency space requirements, budgets, hours of service delivery and other needs would be surveyed. . Development of an implementation plan for the funded activity, including quantifiable goals.. This would include identifying the needed organizational componerits, needs assessment of staffing for implementation, job descriptions for board of directors and committee heads to direct implementation funding and coordination efforts between service agencies. The work on the study would be completed by consultants secured through the City of Ukiah's standard procurement process. Consultants with specific skills in each component of the study have been identified to determine approximate cost of each component, but a request for proposals will be issued for each component of the study. City of Ukiah staff would be responsible for grant administration. City of Ukiah p. 4of4 5. Describe the final product. The final product of the feasibility study would be a report containing: Ao final site selection outcomes report, delineating costs, constraints, and identifying the top three sites in ranked order Bo a funding plan for the implementation phase of the project including identification of possible sources of grant and loan funds, local contributors, agency contributors and including a timetable of activities to secure funding Co outcomes of the needs assessment survey and projections of the revenue stream which would be generated by the participating agencies. Do an implementation plan for the non-profit including tasks and timetables and outcomes of a community needs assessment. Notes on cost estimates We were unable to identify more than one consultant for the funding plan development portion of the feasibility study. We made several efforts including the use of a consultant finding service. Since the identified consultant has an excellent reputation and has been associated with some high profile regional projects, we feel that costs are reasonable. TASKS/MILESTONES site evaluation lundin development agency needs assessment dev Qtr I 1997 P/TA Schedule 3 Applicant: City of Ukiah Schedule 3 = Tasks/Milestones Year One 1997 Qtr 2 Qtr 3 Qtr 4 X Qtr 5 X Year Two Qtr 6 1998 Qtr 7 Qtr S X or X 34 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA COUNTY OF MENDOCINO I am a citizen of the United Slates and a resident of the County aforesaid; I am over the age of eighteen years, and not a party Io or interested in the above- entitled malter. I am the principal clerk of the printer of the Ukiah Daily Journal, a newspaper of general circulation, printed and published daily except Saturday in the City of Ukiah, County of Mendocino and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Mendocino, State of California, under the date of September 22, 1952, Case Number 9267; lhat Ihe nolice, of which the annexed isa printed copy (set in type not smaller than non-pareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: APRIL 2 all in the year 1997. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Ukiah, California, this _ //~ ~ - ..~.~ ,1997. day of PROOF OF PUBLICATION This space is for lhe County Clerk's Filing Stamp RECEIVED CITY OF UKIAH CITY CLE[{K UIcPAr( I IVlEbl i Proof of Publication of: NOTICE OF PUBLIC HEARING 221-97 "22!-97. ":'"':. .... Wedneeday, ' 7:000 p.m., or as i, may be he~ In the Gay Deve~ fa' a plMning and Infonn~lon ~ Counter c~ the Cay et Ukiah One copy ha~ public input may bo ITEM NO. 8a DATE: AUGUST 6, 1997 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND COMMENTS REGARDING 1996-97 MENDOCINO COUNTY GRAND JURY FINAL REPORT The Mendocino County Grand Jury has completed its 1996-97 Final Report and the City of Ukiah has been requested to comment on three of the 24 items considered. The three relate to the Mendocino Solid Waste Management Authority (page 4), County Library funding (page 18), and Prisoner Transport (pages 31-33). State law requires public agency responses within 90 days of the report submittal to the presiding judge (Honorable Conrad Cox). The specific comments are included in the attached letter to the Jury Foreperson, this year's presiding judge. Staff recommends the City Council approve the responses and authorize the letter be sent. RECOMMENDED ACTION: Consider responses to Grand Jury Report and authorize Mayor to execute letter of reply. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine responses should be modified, identify changes, and approve revised letter. 2. Determine responses are not necessary and take no action. Acct. No. (if NOT budgeted): N/A Appropriation Requested: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Acct. No.: N/A N/A Candace Horsley, City Manager Michael F. Harris, AICP, Assistant City Manager Candace Horsley, City Manager 1. Draft letter of response to the Grand Jury, pages 1-10. 2. County of Mendocino Grand Jury Final Report 1996/97, pages 11-62. Ap p ROVE D: c-~~~N~C,~,~_ ~-~.,,,, Candace Horsley, City Manger mfh:asrcc97 0806GDJURY 300 SEMIN~RYAVE., UKIAH, CA 95482-5400 · ,a~3MIN. 707/463-6200 · PUBLIC SAF'ETY 463-6242/6274 · FAX # 707/463-6204 · August 7, 1997 Ms. Vicky Crawford, Foreperson County of Mendocino Grand Jury. P.O. box 629 Ukiah, CA 95482 Re: Response to 1996-97 Grand Jury Final Report Dear Ms. Crawford, At its August 6, 1997 meeting the Ukiah City Council considered the Grand Jury's Final 1996/97 Report and approved the following responses relative to AB 939, County library funding, and Prisoner transport. AB 939 COMMITMENT The City of Ukiah is committed to its recycling program and to meeting the AB 939 state mandated 50% diversion by the year 2000. The City has identified ways in which it intends to meet this.goal in its Source Reduction and Recycling Element and Household Hazardous Waste Element which was produced by the Mendocino Solid Waste Management Authority in 1992 on behalf of the Cities of Willits, Fort Bragg, Ukiah and the County of Mendocino. The Mendocino Solid Waste Management Authority is a joint powers agency that provides services to its members, among which is preparation of certain plans and reports. The 1996 diversion rate for the City of Ukiah, as determined by the Mendocino Solid Waste Management Authority, pursuant to the California Integrated Waste Management Board's method of calculation is 26.9%. To date, the City has implemented the following programs: * City owned/operated Landfill: Recycling/Diverting of woodwaste, yardwaste, tires, scrap metals, concrete, carpet padding and the various "curbside collection materials" i.e., glass, plastic, tin, aluminum, cardboard, brown paper bags, newspaper, office paper, magazines, junk mail, and paperboard. .- [- '~Ve Are Here To Serve" Ms. Vicky Crawford, Foreperson County of Mendocino Grand Jury August 7, 1997 Page 2 * Residential/Commercial, Multi-dwelling Curbside, and City Departments Collection: Recycling/Diverting of yardwaste, glass, plastics, tin, aluminum, cardboard, brown paper bags, paperboard, newspaper, office paper, magazines, junk mail, and paperboard. *Community Pride Program. Held once a year in May. Program includes a City-Wide Garage Sale and "Free Dump Days" at the landfill for one week for recyclable materials only to emphasize City's commitment to recycling and waste diversion. Currently, certain recyclable materials such as tires, scrap metals, and yard/wood waste which are brought to the landfill are charged fees to cover the costs of contractor recycling. The following attachments identify and detail the various programs implemented by the City of Ukiah and demonstrate its intent to attempt to meet 50% diversion by the year 2000: o City of Ukiah Resolution 94-21, Adopting the Source Reduction and Recycling Element and Household Hazardous Waste Element as its Solid Waste Management Plan. . The 1996 Assessment of Progress made Planned Programs identified in the Source Recycling Element. in Implementing Reduction and . City of Ukiah Program Descriptions and implementation dates. COUNTY LIBRARY FUNDING Since the opening of the County Library, the City of Ukiah has been a strong supporter and continues this long positive tradition in several ways. The library was built on City owned property which has been provided to the County for "free" ($1 per year), an estimated monthly cost savings of $800 or more. Additionally, for several years the City directly participated financially in the operation of the library through funding of staff positions and special programs. Over the last two years, the City has been unable to contribute to the library in light of its own one million dollar deficit between annual revenues and expenditures. This resulted in reductions of the number of City employees and Ms. Vicky Crawford, Foreperson County of Mendocino Grand Jury August 7, 1997 Page 3 the amount of available resources, and decreases in the vast array of services the City was previously able to provide. As the fiscal picture improves, it is the City's desire to continue to provide assistance to the library. In the interim, the City expresses its support of the downtown Ukiah location and acknowledgment of the importance of the Library, by maintaining the current "free" property rent. Prisoner Transport and Court Security Prisoner Transport: The City of Ukiah Police Department personnel are not involved in the transport or care and security of prisoners who are being transported to the Courthouse. This responsibility lies with the Sheriff of Mendocino county. VVhen an officer of the Ukiah Police Department makes an arrest and it is determined that the arrestee is to be held in custody, pending a court appearance, the arrestee is transported by the officer(s) to the Mendocino County Jail at the Low Gap Road facility. The arrestee is placed into the care and custody of the Sheriff's Department. From that time, and until the arrestee is released from custody, the Sheriff is responsible for security of the person. Court security: In the event of an escape or attempted escape or violence connected with the transport of a prisoner to or at the Courthouse, it is probable that the City Police Department would become involved since the jail facility, Courthouse, and routes in-between lie within the City limits. Any violence near or at the Courthouse could certainly endanger citizens of our community. A study of existing conditions and a review of current procedures with the goal of improving all around safety, as recommended by the Grand Jury, would be appropriate. The City believes that if the various county agencies impacted could cooperate, and agree to some specific changes, the overall security of the facility would be greatly improved, i.e., video procedures, in- custody arraignments, at the jail, etc. The elimination of civilian parking on the south side of the Courthouse would have an immediate affect on local businesses in the area. It may be premature to consider adding additional transport parking without consideration of how transport scheduling is currently done and what other options could be considered to mitigate the problem. Ms. Vicky Crawford, Foreperson County of Mendocino Grand Jury August 7, 1997 Page 4 Overall, there are many factors to consider for court security. In order for a security plan to be successful all of these elements must be considered. The reality that the Courthouse was not originally designed with security measures in mind will somewhat hamper or limit certain security precautions. However, with cooperation and planning, most security concerns can be overcome. The City of Ukiah appreciates the opportunity to address the Grand Jury's concerns and trusts this reply is of use in your deliberations. If you have other questions or we can provide additional information, please don't hesitate to contact Candace Horsley, our City Manager, at 463-6213. Sincerely, Sheridan Malone Mayor Attachments c: Honorable Conrad Cox mfh:letter97 0807GDJURY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 94-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE FINAL DRAFT SOURCE REDUCTION AND RECYCLING ELEMENT AND HOUSEHOLD HAZARDOUS WASTE ELEMENT AS THE CITY'S SOLID WASTE MANAGEMENT PLAN WHEREAS, the California Integrated Waste Management Act of 1989 (AB 939, SHER) requires each city and county in California prepare a Solid Waste Source Reduction and Recycling Element and a Household Hazardous Waste Element; and, WHEREAS, the cities of Ft. Bragg, Willits and Ukiah and the County of Mendocino joined together through the Mendocino Solid Waste Management Authority to have a single document prepared which incorporated program goals and objectives of each jurisdiction; and, WHEREAS, the required Public Hearings have been held on September 2, 1992 and October 20, 1993 and public comment received; and WHEREAS, appropriate modifications have been incorporated into the Final Draft of the Source Reduction and Recycling Element and Household Hazardous Waste Element to reflect the hearing process; and, WHEREAS, the document has been approved by the AB 939 Local Task Force, the City's Recycling Task Force and the Mendocino Solid Waste Management Authority; and, WHEREAS, the City Council for the City of Ukiah has determined that the document meets the requirements set forth in the California Integrated Waste Management Act of 1989 (AB 939, SHER); THEREFORE, BE IT RESOLVED, that the City Council adopts the Negative Declaration of Environmental Impact associated with the Final Draft Source Reduction and Recycling Element and Household Hazardous Waste Element. BE IF FURTHER RESOLVED, that the Final Draft Source Reduction and Recycling Element and Household Hazardous Waste Element be adopted and established as the City of Ukiah's Solid Waste Management Plan. PASSED AND ADOPTED this 20th day of October, 1993, by the following roll call vote: AYES: Schneiter. NOES: None. ABSENT: Councilmember Mastin. ABSTAIN: None. Councilmembers Malone, Wattenburger, Shoemaker, and Mayor R:Sue /~ Ressrre 'Fred Schnelter Mayor SECI'ION B: SRFIE PFIOGRAM IMPLEMENTATION ASSESSMENT f'y~fkcv'C,-,~r~,~'~' "V'L.. B.! Progress in implementing planned programs The charl below lisls new programs sel forlh in Ihe SRRE in 1992. Al lhal time, lhere already exisled a curbside and commercial recycling program, yard wasle colleclion, backyard composling promolion and public informalion aclivilies by lhe Cily of Ukiah and Ihe Mendocino Solid Wasle Mar~agernent Authority. Program Add HDPE plaslic Io curbside recycling SRRE Implement. Date Provide additional recycling bins at landfill. Begin educational campaign for self-haulers. Evaluale need for additional load- checking staff and add if necessary. Expand commercial & industrial recycling services from garbage hauler & provide commercial yard wasle pickup. Hauler oulreach 1o commercial cuslomers. Require recycling of self-haul loads al landlill & separalion of yard wasle. Adopt planning requirements that new commercial developmenls provide sufficienl space for recycling. Pending feasibilily sludy, begin pilot resale aclivily al landfill Adopl source reduclion procuremenl policy. Adopt ordinance prohibiling disposal o! yard wasle wilh garbage. ^parlmenl recycling wilh specialized bins al all aparlmenl complexes Resale activity at landfill Adopl ordinance prohibiling disposal of yard wasle wilh garbage 411/92 7/1/92 7/1/92 10/31/92 1/1/93 2/1/93 5/1193 6/1/93 411/94 0/31/92 5/1/93 4/1/94 Status Fully implemented. Fully implemented. Additional staff added for several years. Expanded responsibililies of load checkers to include other operalional duties. In Sept., 1995, load checking HHW exclusion procedure "formalized" using existing staff. Random load checking occurs four times per month. Generally implemented by 1995. Apartment recycling services not fully implemented, efforls continuing. Penally surcharge adopted for non-separated loads. Gate altendant directs customer Io · separate, if significant quantity of recyclables seen in load. Ordinance adopted to be implemenled by community development staff. Pilot aclivilies conducted but discontinued. Nol feasible due to Iraffic concerns and insufficient space. Fully implemented. Nol implemented. High 3arlicipation in voluntary program. Ordinance not necessary at this time. Goal has been met by use of toters in lieu of more expensive specialized bins. Although nol all aparlmenls are padicipating, the City and the hauler are continuing their efforts to.fudher expand these services. Determined infeasible due to limiled space and increased traffic conditions. Reevaluated as not being necessary due to high participalion in voluntary program CITY OF UKIAH SOLID WASTE DISPOSAL SITE RECYCLING AND WASTE DIVERSION PROGRAMS DATE IMPLEMENTED PROGRAM DESCRIPTION LANDFILL_ (city owned/operated) February, 1990 March, 1990 June, 1990 July, 1990 May, 1991 October, 1991 August, 1992 November, 1992 December, 1992 January, 1993 February, 1993 April, 1993 July, 1993 September, 1993 January, 1994 July. 1997 Yardwaste/compost diversion. Recycling - cardboard, glass, tin, aluminum, plastic (PET), newspaper. Scrap metal and appliance diversion. Tire diversion. Wood waste diversion ("give away"). Landfill customers allowed to remove wood waste from landfill premises free of charge. Concrete diversion. "Give Away" pile. Reusable materials. Landfill Staff remove potential reuse items from loads and set aside. Landfill customers allowed to remove these items from premises free of charge. Telephone book diversion. (Recycling container) Office paper diversion. (Recycling container) Magazine diversion. (Recycling container) Carpet padding diversion. (Recycling container) Mixed load policy. All self-haul loads which do not separate recyclables or materials being diverted are charged double tipping fee. This procedure is to encourage recycling. Recycling additional plastic tubs and bottles (#1 - #6). Excluding styrofoam. (Recycling container) Brown paper bag diversion. (Recycling container) Paperboard, waxed milk carton diversion. (Recycling container) DATE IMPLEMENTED PROGRAM DESCRIPTION RESIDENTIAL/COMMERCIAI,- Curbside Program March, 1983 March, 1990 November, 1990 April, 1991 May, 1991 June, 1991 July, 1991 August, 1991 September, 1991 April, 1992 April, 1992 August, 1992 November, 1992 October, 1993 November, 1993 March, 1994 February, 1995 Commercial cardboard recycling. Pilot Program. Residential curbside recycling. Newspaper, glass, plastic (PET), aluminum and tin. (3 bins). Office paper collection at schools. (Bins) Commercial glass recycling. Pilot Program. Multi-dwelling recycling. Pilot Program. 3-Bin Curbside recycling- small commercial generators. Curbside yardwaste collection. Collected twice a month. Multi-dwelling recycling. Pilot Program ended, entire 72 units served. Curbside yardwaste collection. Collected weekly. Commercial yardwaste collection. Addition of HDPE plastics to residential, multi-family and landfill recycling programs. Commercial glass collection. Pilot Program completed. Program expansion begun. Addition of telephone books to curbside collection program. Addition of brown paper bag collection. Pilot program at High School for recycling aluminum and plastic. Waxed milk carton recycling at Schools. Residential and Commercial Program expansion. Included all plastics (#1 and #6), magazines and paperboard. --8- DATE IMPLEMENTED CIVIC CENTER March, 1990 June, 1991 April, 1993 October, 1994 February, 1997 PARKS/SPECIAL EVENTS July, 1994 March, 1996 PROGRAM DESCRIPTION Cardboard and aluminum recycling. Office paper recycling. Magazine, newspaper and junk mail recycling. Glass and plastics recycling. Paperboard recycling. Pilot recycling program at Todd Grove Park (pool area), and picnic areas at Vinewood and Oak Manor Parks. Aluminum and glass, and plastic. Clubhouse (aluminum, ghtss and plastic.) Golf Course recycling (mixed). All special events offer recycling opportunities (i.e., Sunday Concerts in the Park, Pumpkin Festival, etc.) DATE IMPLEMENTED July, 1990 June, 1991 April, 1992 October, 1992 HOUSEHOLD HAZARDOUS WASTE PROGRAMS I - DAY COLLECTIONS PROGRAM DESCRIPTION City participated with County hauler. 165 City participants. City participated with County hauler. 91 City participants. City participated with County hauler. 204 City participants. City participated in program with County, Environmental Health Department, funded through CIWMB discretionary grant. 280 City participants. HOUSEHOLD HAZARDOUS WASTE COLLECTION EVENTS - continued DATE IMPLEMENTED September, 1993 June, 1994 September, 1994 February, 1995 March, 1995 April, 1995 September, 1995 Spring, 1996 PROGRAM DESCRIPTION MSWMA (Joint Powers Agency between Willits, Fort Bragg, Ukiah and Mendocino County) funded program. Number of City participants unavailable. MSWMA funded program held in Fort Bragg, Gualala (shared costs with Sonoma County), Willits and Laytonville. MSWMA funded program at Mendocino College. FEMA funded program at Mendocino College. FEMA funded program in Fort Bragg. FEMA funded program in Willits. MSWMA funded program at Mendocino College. MSWMA/ Lake County Haz Mobile Program started. Monthly collection events at North State Street Fire Station, Ukiah. R: IXLANDFILL RIICYCLI~IG.PRO Final Rep or . 199¢197 The Honorable Conrad L. Cox Presiding Judge Mendocino County Superior Court June 1, 1997 Dear Judge Cox: As Foreperson of the 1996197 County of Mendocino Grand Jury I respectfully submit our Final Report. This Grand Jury has functioned as civil oversight to the various Govemrnental entities of Mendocino County. The Final Report reflects the scope of our concerns and findings, as well as the hard work of the Jury as a whole and each member individually. Despite this Jury's year of delayed be~nnings and bereavement, the members long hours of researching, tabulating, and evaluating information pertaining to the function of Government in our fair County, has resulted in a Final Report that enjoys.. both clarity and insight. I want to thank each and every Juror for their dedication and commitment in the performance of their duties. I have particularly appreciated the unflagging moral support this group of Jurors has provided me. I am proud to call myself one of them. I am grateful to you, Judge Cox, for always having your door open to me and for performing the thankless job of providing me with counsel, assistance, and encouragement when it was sorely needed. Please extend my gratitude to Diane Curtis and Doreen Venturi for the time they have spent answenng my queries. A respectful thank you goes to Susan Massini, District Attorney, and to Peter Klein, County Counsel, for their time and guidance. I want to take this opportunity to acknowledge the support Dennis Huey, Auditor-Controller, and Naomi Adams from the County Clerk-Recorders office gave me. Also, I would like to thank the Board of Supervisors for listening to my requests. I believe that the civic duty rendered by the members of the 1996J97 Grand Jury has contributed to the well-being of the County of Mendocino and to the betterrr~nt of the D:~emances providing services to ~s communities. Sincerely, Vicky Crawford Foreperson, 1996J97 Grand Jury In ~[emoriam Carl .anthony Gosline Carl Anthony "Goose" Gosline, foreman of the 1996197 County of biendocino Grand Jur~, died of heart failure at his home in V~'illits on October 24, 1996, at the age of ~eventy-five. Goose was servlnt his second term as Jury Foreman at the time of ]lis ~. ~ ~ ~ an Fo~m~a w.a ~th ~e 199~ ~d J~. He .lao se~ ~a ~ mem~r of ~e 1991 J~. Althou~ ~e was no( a mem~r ~ 1994 he suc~ss~Hy ,dv~a~d t~e ~de ~s~min-~on Of t~e ~an~ J~'a F~I Re~ ~u~ its publica~on ~d ~~on aa a newsier ~se~ ~o~ [or ~s o~ani~io~] a~es aM ~1~1 s~ll8, he con~~d ~ld ~o~ ~ ~e ~ of ~e ~aM J~. Goose wa, beta in Beloit, ~risconsin. Duri~ W'orld ~rar II he ser,~l a, part of the atomic beml~ project at Rich]and, Waa]~;-L, ton. He spent the next ~d~ years pioneeril~ indu~cria] environmental design. He worked for numerous companies engineeri~ systems to deal with air pollution and treat hazardous waste. Goose introduced microclimatolo~y to the design and operation of DuPont's chemical plants. As senior environmental officer got Occidental Petroleum he led efforts to report ou Love Canel and other operations. In 1980 he retired from environmental work and moved from San Francisco to Willits. There he volunteered his time and talents to many civic causes. Besides servin~ on the Gram Jury, he promoted redevelopment and other proiec~ in willits, and was a director of the .'~endocino County and Little Lake development companies. Goose's last years w~re touch~ by sac[ness; he saw his belov~i wife Ca~l, develop Alzheimer's disease and progressively lose her cognitive faculties, l~V~en he no loag, r could care for her at home, he ]~-came her un~aili~ visitor and faithful companion at the Nortlxbvook Convalescent Home in ~,rillits, where abe now lives. He was a voracious reader, interes~l in liability laws and environmental concerns. An avid fisherman, Goose would come hack/rom Shelter Cove with lots of salmon to l~rbecue. After dinner he enjoy~l the European tradition of a snilter of hrancly, and a sood argument. Goose is also su~vi,~l by his sons Carl Dennis Gosline of Winter Park, Florida, and Charles Michael Gosline oxc ]~u'leson, Texas; five grandchildren; and two great-grandchildren_ IX, re will miss him. May he r~st in peace. James F. Kine Roster of 1996197 County of Mendocino Grand Jury Jurors who finished term: Eleanor Campbell (Committee Chairperson) Ann Coolidge Vicky Crawford (Foreperson) Judith Frank (Committee Chairperson) Clara Grizzle Margaret Hosier (Committee Chairperson) Ethel Humphrey (Sargeant-at-Arms) Eric Jurgensen Nickolas Lapkass Wayne Pittman (Foreperson Pro-Tern, Committee Chairperson) Joel Steed ~(Secretary) Robert Tjepkes Joan Walsh (Committee Chairperson) Carl VVilson (Committee Chairperson) Fort Bragg Covelo Hopland Albion Fort Bragg Boonville UkJah UkJah UkJah Redwood Valley UkJah Willits Philo Fort Bragg Jurors who were unable to finish their term: John Bemert Cart Gosline f) Richard Jacobsen Carl Johnson Table of Contents Page No. Preface I Administration And Finance _L Review of Mendocino Solid Waste Management Authority... I Review of Local A~ency Formation Commission .......... 4 Review of Debt Service Forwarding Agreement Element of County"s Pension Obligation Bond Sale ............... 5 Investigation of Complaint Regarding Potential Conflict-of-Interest on me Part of a Former Fort Bragg City Manager ............................ 7 2 Building And Planning !1 Review of New General Plan Process ................. i I Review of Permit Streamlining Process ................ 13 Review of Mendocino Historical Review Board .......... 15 3 Education And Libraries 17 Review of Branch Libraries ......................... 17 Review of Pomolita Middle School ................... 19 Review of Regional Occupational Program .............. 22 Investigation of Complaint Regarding Laytonville School District Board of Directors ..................... 23 4 Special Districts 26 Investiga~on of Complaint Regarding Hopland Public Utilities District Board of Directors ................... 26 Investigation of Complaint Regarding Westport County District Board of Directors ......................... 27 5 Law Enforcement 29 Report on County Jail ....................... 29 Report on Holding Cells ....................... 30 Review of Prisoner Transport ....................... 31 Report on Juvenile Hall ...................... 33 Review of Coroner's Duties ....................... 35 5 Law Enforcement (continued) Investigation into Complaint Regarding Grievance Procedure at County Jail .................... 36 6 Welfare and Health 38 Review of Alcohol and Other Drugs Program .......... 38 7 Response Review ~1 Review of Responses to 1995196 Grand Jury Final Report ..................... 41 8 Complaint Log I know of no safer depository of the ultimate powers of society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion. Thomas Jefferson Preface: Created by the Fifth Amendment to the United S~te's Constitution, me institution of the Grand Jury has long played a vit21 role in American civil life. Mendocino County's Grand Jury has been impaneled annually (i.e. new members are chosen to serve and sworn in on an annual basis) and been in comJnuous session for the past. 147 years. While the Grand Jury may be used by the District Attorney to bnng an indictment of criminal charges against individuals, this years County of Mendocino Grand Jury was impaneled to perform the Jurys Civil functions of review and investi~tion of government in Mendocino County. Those responsibilities include the investigation of complaints made by citizens to the Grand Jury ~:)om the conduct of local government bodies and public officials. It is noted that the Grand Jury is not a "Super Government". The individuals who make up the jury have not been selected by any democratic process to represent a constituency, or the general citizenry of the County, in the policy making process of government. That is left to the counties publicly elected officials and their staff. Beyond that however the G~nd Jury has a wide scope of authority to investigate the function and activities of govemment bodies and public officials within the county; allowing the Grand Jury to play a vital role in the den'oc~tic checks and balances of local government, if it so chooses. The following Report is arranged in eight sections. The first six sections classify government by its six basic functions with the appropriate separate reviews and investigations grouped therein. The seventh section is a review of the responses from government agencies to the 1995 J96 County of Mendocino Grand Jury Final Report The eighth section is the Complaint Log of complaints received by this yea~s Grand Jury. Quotes from various American historical figures, and philosophers of the ancient world, appear under section headings throughout this Report. These are offered merely for your amusement, if not enlightenment, not as a substantial element of the Report proper. They simply garnish the reviews which themselves provide the true heart, pith, and essence of this, The 1996J97 County of Mendoono Grand Jury Final Report. A D M I N I STRATI O N AND FINANCE A decent and manly examination of 1he acts of govemment should be not only tolerated but encouraged. William Henry Harrison, I st inau~uraJ Address I~eview: Mendocino Solid Waste Management Authority Summary:. The 1996197 County of Mendocino Grand Jury elected to review the activities of the Mendocino Solid Waste Management Authon~ (hereafter referred to as MSWMA) because decisions cent~l to the future of solid waste disposal for the whole County were in the process of being finalized. Although all of MSWMA's functions were reviewed, emphasis was placed on both the process leading to the decision to ship the Countys waste out of County using a centralized transfer station, and the process used in selecting a site for that tm~nsfer s't~tion. In the course of this review, the committee interviewed the General Manager of MSWIVlA, and read relevant materials including ~ Joint Powers ~ment establishing MSWMA, the California Integrated Waste Management Act of 1989 (hereafter referred to as AB939) and de~iled reports on me rnemodology used for site selection of the transfer station. Finding: MSWMA is a Joint ~rs A~ established in 1990 by the County of Mendocino, the City of Fort Bras~ The City of WilIM, and the City of Ukiah to implement the provisions of AB939. MSWlVlA's funding is pfirrsrily derived from a landfill surcharge of six dollars per ton. MSWIV~ has three full-~ime employees (a general manager and two household hazardo~ waste technicians). AB939 requires local government to develop inte~ratecl waste management plans which must include A) a source reduction element, and B) a siting element. A) Source Reduction Element: I) AB939 required a solid waste reduction of twenty-five percem from 1991 levels by ~he year 1995 and reduczion to fifty percent of 1991 levels bythe year 2000. Althou~ the 1995 goal was I < cou.-n, o,.. M 'NDOClNO GIN NO ADMINI$~TION AND F'INANCle easily met, interim reports indicate that furmer reductions by the junsdictions involved have slowed consider~ly. The State has a schedule of fines for those jurisdictions not meeting year 2000 goals. 2) Recycling is abetted by a prc~gram which encourages efforts to find productive uses for recyclal~les. In 1995 MSWMA got the California Integrated Waste Management Board (hereafter referred to as CIWMB) to approve Mendoono County as a Recycling Development Zone (one of only two rum counties to gain this designation). This allows MSWMA to administer a CIWMB program providing Iow interest loans to manufacturers in the county whose products use recycled materials. These loans may be used to fund up to fifty percent of a venture's cost. In 1996, MSWMA approved two companies for loans through this proD-am. 3) MSWMA has a contract with Lake County to collect and dispose of Lake CountT~s household hazardous waste. Cooperation between the two counties assures suffident volume for MSWMA's pro~ram to be cost effective. A grant from CIWMB helped to buy equipment for this prc~am, including the Hazmobile which has sen~! 3,267 customers in the first seven months of its operation, beginning in April 1996. This proD-~n's technicians receive forty hours of basic training as well as supplemental training provided by MSE Environment (the company MSWMA contracts with to remove the household hazardous waste from the collection site in Ukiah). MSE ships the hazardous waste to ENSCO inc, in Arkansas for its ultimate disposal. Other counties in California do business with ENSCO. 8) $itin~ Element: I) All existing landfill sites in Mendodno County will be full by February 1999. A 1992 study exptonng potential new landfill sites in Mendocino County revealed that: a) Mendocino Countys high average rainfall makes finding an EPA compliant site problematic. b) The high cost of meeting EPA standards made local siting prohibitive to local Thus it became dear Mendoono Countys waste stream would need to be diverted out of the county with the infi-~0'ucture in place to do so before the final landfill dosing in 1999. 2) All four jurisdictions invoN~ in MSWMA have supported the pre.on of a plan to create a centr~ transfer station that will accept all of the Countys solid waste, compact it, and ship it by truck or rail to an environmenl~ily secure disposal site. All four jurisisdictions have reserved the right of final approval until a final proposal is before them. 3) The Ukiah-Willits comdor contains the County's heaviest concercration of population and business, along with its best access to highways and railroads. It is therefore, the most cost AND F'INAN~Ir e~e~ive area in v~aich to site a transfer station and becarne the focus of the sea/da for that site. 4) The following criteria were used to compile the initial list of potential sites: a) Zoning codes specify that a solid waste t~nsfer station be locked in an area zoned for either industrial or public facility use. b) Five acres is the minimum size for a transfer station site. c) Ease of access to rail, defined as frontage on a railway to allow development of a rail spur, was considered essential to facil~te shipment to the remote, arid destination sites available for solid waste disposal. d) Only parcels that were vacant or already for sale were to be considered. 5) Nineteen parcels were identified as complying ~ the criteria listed above. A list of sixteen further criteria (incompatibility w~ adjoining land uses, parcel within two-hundred feet of a known Holocene earthquake fault, parcel includes wetland, riparian, or flood, way, unstable slopes, sewer or water service unavailable, etc.) was used to eliminate ten of the nineteen sites from consideration. 6) A more detailed evaluation of traffic, engineering, and cost considerations reduced the number of potential sites to three. 7) An independent feasibility study of the three remaining sites was conducted by the engineenng firm of George Rau and Associates. This study focused on environmental and geo-technical concerns. All '~atal flaws" and negative environmental effects were to be identified and mitigating measures to be recommended. The results of the above study were: a) A traffic circulation problem was identified at the 200 Brunner Street site. The high cost of mitigating that problem eliminated this s~. b) The 3505 Taylor Road site was identified as having a high ground wa~er problem. This problem would place significant constraints on the struc- ture of any t~nsfer station to be built on this site. c) Potential environmental problems, noise and air quality (odor and dust), were identified at the 3401 North S~te Street site. Accomplishing all material handling within the transfer station building will adequately miti~te this problem, reducing the impact to negligible levels. d) The 3401 North State Street site was recommended due to its larger size and the mitigatible nature of its problem. 8) The North State Street site is nine and three-tenths acres in size, located in an Industrial I Zone. Amving trucks, and their waste, will be handled within a building, recessed two-hundred feet from North State Street. ADMINI$~TION AND F'INANC[ 9) MSVVMA sent Requests for Proposals on the transfer station to twenty-two interested companies in the Fall of 1996. These Proposals have two separate components. One component seeks bids for the design and construction of the facility, the other its operation. As of late March four proposals from two different companies are being considered for final approval. These Proposals cover the construction of the facility and its oper~on for a twenty year period. The t~pping fees range from forty-nine dollars per ton to fifty-four dollars per ton. A final decision on these four proposals will be made later in the Spring of 1997. Recommendations\Dispositions: I) The Grand Jury urges the four jurisdictions represemed in MSVVMA to show diligence in reaching the AB939 mandated goal of fifty percent (of base year 199 I) reduction of solid waste by the year 2000. Programs should be developed, with MSWMA monitoring them, to ensure success in reaching this goal in all jurisdictions. 2) MSWMA is advised to continue plating the environment and its care in the forefront of all its decisions. Comment: MSWMA has been under pressure since its inception to comply with AB939. Pro[tess has been commendable, and cooperation between the jurisdictions involved high, given the complexity of the problems to be solved and the short time in which to solve them. Responses Required: I) Board of Supervisors 2) Willits City Council 3) Ukiah City Council 4) Fort Bragg CJty Couno~ 5) Mendocino Solid Waste Management Authority Review:. Local Agency Forrr~on Commission Summary:. Pursuant to state law the 1996197 County of Mendocino Grand Jury elected to review the Mendocino County Local Agency Formation Commission (hereafter referred to as LAFCO). In the course of this review members of the Grand Jury interviewed LAFCO's Executive Officer and read various documents pertaining to the budget and functions of LAFCO. Finding: i) In 1963 State law mandated each County create a Local Agency Fon'rmJon Commission. FIN,U. R[~:~,r > I 996 ADMINIS'T'f=b~TION AND F'INANCI=' LAFCO was reorganized by law in 1985. 2) LAFCO covers all governmental jurisdictions within Mendocino County. LAFCO reviews all proposals for city and~or district formations, annexations, city incorporations, consolidations of e~asting districts, sphere of influence studies, and service plans and may approve or deny them based on the proposal's logical development, sound planning, and financial feasibility. LAFCO may initiate the consolidation of Districts. 3) The County is obliged to provide all of LAFCO's operating fees not covered by the minimal income generated by LAFCO's filing fees. Hiatt Consu~rTts is under contract with me County to operate LAFCO as an independent commission. Their 1996197 budget is $79,393. 4) LAFCO consists of an Executive Officer and seven Board members. The Board consists of two members of the County Board of Supervisors, two City Council members from The incorporated cities, two representatives from the Special Districts, and one at-large member. The Board determines LAFCO's policy and makes all decisions on applications and LAFCO inma~ves. The Executive Officer is responsible for processing applications and implementing the ~:)ard's policies and decisions. Recommendations: None Comments: LAFCO performs an important State mandated function for the County. The Executive Officer was very cooperative with the Grand Jury. Review: Debt Service Forward Delivery Agreement of Count,/s Pension Obligation Bond Sale. Summa0c. The 1996J97 County of Mendocino Grand Jury chose to review the DeR Service Forward Delivery Agreement of the County's Pension Oblig-~Jon Bond sale of Decemt>er 1996. This review includes the alloc~on of those funds as recommended to, and allocatec ~y, the Board of Supewisors. Findings: !) A Debt Service ~ Delivery Agreement (hereafter referred to as DSFDA) was prod (as Resolution #96-212) to and approved by the Board of Supervisors at their November 19, 1996 meeting. The DSFDA is an agreement with the U. S. Trust Coml:~ny of California who serve as the Trustees for the Pension Obligation Bonds. When Mendodno County fulfills its Bond obligations to the Bond holders those funds (debt ser~ce funds) are deposited with the Trustee (U. S. Trust Company of California) who holds those funds for subsequem transfer to the Bond 199~J97 < COUNTY 0~' M~NDC)CINO Gl=AND ADMINI$'T'F~'T1ON AND F'INANC~Ir holders. The DSFDA provides that the County of Mendocino will receive the present equivalent of interest earnings those funds will have earned over time while deposited with the Trustee. Note that this agreement does not involve any of the funds raised from the now Bondholders in their purchase of Pension Obligation Bonds. 2) The DSFDA was full,/executed on December 19, 1996. On December 20, 1996 $ i ,573,000-the full amount of the DSFDA- was transferred to the County. Those funds were then invested by the County in the Local Agency Investment Fund pending allocation by the Board of Supervisors. 3) On January 3, 1997 the County Administrative Officer made the following recommendations for allocation of these funds to the Board of Supervisors: a) Deposit $1,280,000 into the Closure Account Trust Fund which provides funds for the closure of the Count, s solid waste landfills as required by the California Integrated Waste Management Board to bnng the County into solid waste compliance. b) Deposit $ i 00,000 into the Capital Projects Fund (712) to be used to fund unanticipated ~mprovements already made to the Administrative Center and at other County locations. c) Deposit $193,200 into the General Uability Insurance Trust Fund (713) to be applied toward the balance on a promissory note executed by the Board of Supervisors on February 13, 1996 (Resolution #96-029). 4) The Board of Supervisors accepted recommendations a and I;;Z. For recommendation c the Board voted to use those funds ($193,200) as follows: a) $43,200 to purchase computers for the Board members. b) $150,000 to be used for youth oriented projects ($87,00 for the Mendocino County Community Foundation, $63,000 in support of eight other youth projects throughout the County). I~ecommend~ons~)ispositiontc None C0mmen The County yeas ~ble to become compliant with the State as regards dosure of its solid waste landfill sites, fund several capital expenditures, and make funds available for y~th projects in the County. The County Auditor, the County Administrative Officer and the County Treasurer were generous with their time, as well as czx)~rative and helpful in providing the necessar7 inforn'mion. ~JURY FINAL REPORT )' I gg~Jg7 ADMINI$'T'F~TION AND FINANCE Investigation: Conflict-of-interest complaints concerning a former Fort Bra~ C~ Manager Summary: The 1996197 County of Mendocino Grand Jury accepted for investigation, three separate citizen complaints alleging a former City Manager violated Fort Bragg's conflict-of-interest codes. In the course of the investigation members of the Grand Jury subpoenaed and interviewed the following Fort Bragg officials: the City Attorney, the Finance Director, and the City Clerk. The then Mayor and the then Deputy City Manager/Economic and Community Development were interviewed as well. In addition, numerous documents (minutes, mernoranda, contracts, budgets etc.) were reviewed. Findings: The Grand Ju~s findings fall into two cate~:~'ies: the complaina~s allegations, and an inquiry into the City of Fort Brag~s management (i.e. identifying and enforcing) 0f its conflict-of- interest codes. A. Complainants Allegations: I) The complainants allege the former City Manageffs acquisition of a 6.3% interest in the California Wes'mm Railroad (hereafter referred to as CWR) was a conflict-of interest violation as defined by Government codes. a) The former City Manager also served as Executive Director of Fort Brag~s Re0evelopment Agency (hereafter referred to as RDA). As regards Redevelopment Law, Section 33130 of the Health And Safety Code prohibits any govemrnent official in a position to formulate or approve plans and policies in a Redevelopment area from acquinng interest in property in tint area. The State Attorney General has given a legal opinion that the ownership threshold for 33130 is a three percent interest, which the forrrer City Manager dearly exceeded with CWR. b) Regarding the former City Manager's signing a parking lot lease agreement with ~ the Fort Bragg City Attorney, citing numerous Court findings and precedents, concludes the former City Manager was in violation of Govemmem Code Sections 1090 and 1091.5. (Memo to City Council members from City Attorney, October 23, 1996) c) The n'nximum penalty for violation of those codes is removal from office. 2) Complainants alleged a failure on the part of the former City Manager to substantially turn over his pote~al conflict-d-interest duties to subordinates as he asserted. a) In a July 15, 1996 confidential memo to the Fort Bragg City Coundi ~ former C~ Manager asserted he had transferred all responsibility for managing contracts between the City and CWR to a s~ff member. This was confirrred by that staff member. The Grand Jury notes that in the case of a CalTrans Grant for ~ roadbed improvement, CarTrans counsel did not think shi~ng responsibility to a subordinate went far enough to prevent potential conflict-of- interest, and insisted that administration of the grant monies be shifted out of Fort Brap::~s hands e~rely, which Fort Bras eventually did by ~iving the administ~tion respcx~sibilities to Willi'cs. 7 I gg~lg? ~ CouNTY or MF..NDOClNO Gl:lAND ADMINISTF%&'I'ION AND F"INANCIr b) In nree separate memos (two to ne City Council and one to ne RDA) between July 15, t996 and September 16, 1996 the former City Manager asserted RDA management had been "shifted to" a staff person who had "assumed many of ne RDA's management run--ons". That staff member maintains ney did not have nat level of management autJ~rity within RDA until mey toot< over as Executive Director on Oct I, 1996. c) The Grand Jury notes nat in ~ July 15 memo to City CounoI, ~ former City Manager asserted mat he has conferred w~ me City Attorney al:xlrt potential conflict-of- interest. The City Attorney asserted mat he ctid not learn of mis situation until some time in B. City of Fort ara~'$ handling (identifying and enforcing) of their conflict-of-interest policy. I) In April of 1996: a) On me ~ ~ Fort Bragg City Courcil reviewed, discussed, and passed a revision of me conflict-of-interest cocle for tie City and ~ RDA. b) On me ~ the men City Manager, representing Fort Bragg, signed a contract wi~ CWR (parking lot lease). c) After learning of CVv~s pending sale, me men City Manager conta~d its owners atsc>ut ~ possibility of a local buyout instead. Owner agree to confidential negoti~ons for sale of CWR. 2) In May of 1996 me then City Manager: a) sou~t legal advice from RDA's counsel concerning potential conflict-of-interest in CWR purmase. City Attorney rnai~ns if I'e ~d reviewed l~e situation at mat time he would have advised bom me City Manager and me City Council ~ the City Manager's ownership of CWR had tre potential to violate ne ~s and ~ RDA's conflict-of-interest codes. b) sent a memo to top level City Aclminist~tors informing them t~at he is working w~ a local group exploring ire possibility of community ownership of CWR. c) sent a memo to Deputy Ci:y Manager/Finance, whim stated in part, '1 have joined wi~ a group of nine otter indMduals in exploring local ownership of OvVR .... mis effort may evolve into an arrangement wt'ereby mis group would acquire tl'e ~lroad as a private venture ..... ' This is tie first time a staff member learns of City Manager's pote~al ownership interest in CVVR. d) informed t~e :~en Mayor of Fort Bragg of his involvement wi~ a group nat may pur~ ~ and ~at ~ ~d consulted wi~ legal counsel concerning potential conflict- of-interest. Citing ~e City Manager's request for confidentiality (as required by sellers), ~e Mayor did not advise fellow City Council members or ~ City Attorney, of me City Manager's actions. 3) In early June 1996, ~e staff member in ~arge of enforcement of conflict-of-interest codes ADMINIS'KR~'KION AND F'INANCI~' became concerned the then City Manager's involvement in ~ purchase was in violation of those c~es and expressed those concerns to the City Manager. The City Manager's response was n0n-c0mmit'tnl. 4) In a July 15, 1996 confidential memo to the City Council the City Manager discloses his intention to purchase an interest in CWFL acknowledged he could no longer continue as Executive Director of RDA and still comply with conflict-d-interest codes, and requested they name a new Executive Director of RDA at their July 22, 1996 meeting. a) City Council did not act on this memo until late September 1996, when a new Executive Director of RDA is named. b) Staff gave the City Manager opportunities to place this matter on the agendas for the July 22, August 12, and August 26 City Council meetings. He declined the offer. 5) Throughout this June through August period, staff members with concerns about the City Manager's potential conflict-d-interest violations brought them to his attention. As time went on his reaction to these concerns became increasingly negative, resulting in deteriorating working relations between them. 6) On August 16, 1996 escrow closed on CM/R Corporation's purchase of CWR assets from Kyle Ra~lroacls. The then City Manager owned a 6.3% interest in CWR Corporation, and was appointed its President. RDA was not notified of this until September 17, 1996. The City Manager remained as Executive Director RDA until October I, 1996. In late October 1996, the City Manager resigns. 7) It was generally acknowledged the morale at City Halt declined because of the conflict between staff and the City Manager. In addition, it was acknowled:~:~ that gra~rdng an Aclministrative leave to the City Manager, allowing the City Manager and City Council time to sort this issue out, might well have prevented the turmoil that otherwise ensued. I[~t0mmendati0ns: The Grand Jury was struck Dy the City Council's lack of leadership in providing direction and action to resolve what ultimately became a cdsis in their City Government. Therefore, c~sidering the clarity of the codes that define and govern conflict-of-interest, given the inherent d~tty of a subordinate enforcing codes ruling a seniods cor~uct, ~ the City Council's delayed and rather lengthy response time to this sftuation (particularly in li~t of their having revised the conflict-of-interest codes only weeks before), the Grand Jury recommends the following: i) The City Coundl recognize and accept its responsibility for the behavior of the Cites top level administ~tors and not leave staff unsupported in l~e management of a senior official's conduct. City Council should be amenable to ;~-~nting administrative leave in cases where any doubt concerning conflict-of-interest exists, until that doubt can be resolved. 2) The City Attorney be given the authority and responsibility of identifying potential gg~l~D7 < COUNTY oF MENDOCINO GI~AND · ADMINISTI=.ATION AND F'INANCE~ viota~ons of the City and RDA conflict-of-interest policies, and advising enforcement of the relevant codes. Comments: The Grand Jury reminds the Fort Bras City Council members and the future City bqanager that you have been honored with the guardianship of a vital public trust. The conflict-of- interest codes speak to the very heart of that trust; public officials must always work in the best interest of the citizens whom they represent, and not allow the publids interests to become secondary to their own personnel agenda. In that re~ard, it is incumbent upon you to be paragons of the laws intent, as well as its technicalities. The Grand Jury extends special recognition of the character and commitment to the public ~ of Fort Brag[ staff members who were willing to raise the question of conflict-of-interest with a superior, and who then persevered in the face of much criticism, until the law Was observed. Responses Required: Fort Bra~ City Council ,.JURY FINAL RE:I=ORT I0 BUILDING AND P NNING The first person who, having fenced in a piece of land, said "This is mine" and found people naive enough to believe him, that man was the true founder of Civil society. Jean Jacques Rousseau I~ep0rt: Preliminary Steps Towards a New General Plan Summa~ The 1996\97 County of Mendocino Grand Jury elected to review the Count, s current efforts to rewrite the County's General Plan. In the course of its study the Grand Jury interviewed the Director of the Planning and Building Services Departn~nt (coordinator of the General Plan rewrite). The Grand Jury became familiar with the 1981 General Plan, the latest Slate Guidelines for General Plans, activities of the Mendocino Council of Govemments, and the fiscal restrictions limiting the ideal handling of this project. Finding: I) The majority of the County's currant General Plan was adopted in 1981. A General Plan is not just a static document. It is an ongoing process as well, with large components, such as Housing, updated more frequently yet still maintaining conformity to the ove~ii Gene~l Plan. 2) The purpose of the General Plan is to provide a basis for r'~onaJ decisions affecting ~ Count, s long-term lanct use. The County is required to tie its General Plan to current realities while incori:~rating new trends and visions. II I ~61~7 < COUHTY OF M£rIDOC~O Ol~,~O BUILDING AND PLANNING 3) The State has identified seven elements that a General Plan must address: Land Use, Circulation, Housing, Consersration, Open Space, Noise, and Safety. Mendocino County must also include a Coastal Element and has chosen to include some optional elements (Seismic Safety, Recreation, and Scenic Highways) as well. 4) The Housing Element of the Mendoono County General Plan underwent significant updating and revision in 1986 and 1993. The Coas~ Element was certified by the California Coastal Commission in 1986. 5) Drafting a General Plan is an extensive project which will span several years. Assuming funding is available, the work in 1997 will focus on the initial planning steps: a) Identifying issues, opportunities, and assumptions b) formulating goals. c) collecting and analyzing dam. 6) The Planning and Building Services Department (hereafter referred to as PBS) has provided oversight and staffing for several local planning encleavors (Brooktmils Specific Plan, Gualala Area Plan, Ukiah Valley General Plan, and the Ukiah Airport Use Plan). The aim of PBS's participation is consistency of planning goals. PBS has been directed to initiate public hearings on these plans. This should afford an opportunity to check on PBS's success in maintaining consistency. 7) It is estimated - based on the recent cost to a comparable county - that drafting a new General Plan, using consultants, will cost over one-million dollars. This cost will be spread over the several years it will take to complete this project. 8) In March of 1994, the Board of Supervisors authorized an additional registration fee of one- dollar per vehicle to finance development of those parts of the new General Plan which impact air quality. As of June 26,1996 the County Air Quality Management District has earmarked 210,000 dollars for the drafting of a new General Plan. The General Plan coordinator anticipates a total of 280,000 dollars form this source. 9) The PBS requesm~ 25,800 dollars fi'om the Mendocino CounoI of Governments to prepare the first phase of the Circulation Element of the new Gene~ Plan. This request has not yet been approved by CafFmns or the Mendoono CounoI of Governments. 10) Funds may be forthcoming from the federal government as a result of the near-endangered status of Coho Salmon and Steelhead. I I) The current Board of Supervisors has not yet expressed its de~ree of fiscal commitment to this project with an allocation from the General Fund. ,JURY FINAL REPORT 12 BUll. DING AND PI. ANNING Recommendations/Dispositions: I) Under the circumstances, PBS is following a prudent course. However, the Grand Jury reminds PBS of the tendency for time to render planning decisions irrelevant in a project this large and complicated. The Grand Jury endorses the four-year target date for completion of this project and recommends the hiring of a consultant. 2) While the requirements of some funding may dictate a piecemeal approach to this project, that approach requires effective coordination if it is to be successful. Towards that end we recommend computer use be maximized to facilitate data gathering, assemble information in an accessible form, and enhance cross-referencing amongst the Elements. 3) As of this writing, public input into this process has been limited to hearings by the local jurisdictions formulating local General Plans. in order to achieve widespread citizen acceptance of the new General Plan we recommend more widespread citizen input. Respons~ R~luir~l: Department of Planning and Building Services Review:. Permit Streamlining Process Summa~ As part of its obligation to review County Government and its operation the J 996\97 Count), of Mendocino G~nd Jury elected to review a Department of Planning And Building Services (hereafter referred to as PBS) project titled "Streamlining the Permit Process". During the course of RS review the Grand Jury interviewed ~ Director of PBS, read the monthly minutes of the projects steering committee and the project working groups, and followed the development of the final recommendations of these committees. Finding:. I) At the pr :xr~ng of the County Aclrninir, d~ve DepartJ'nent, the Permit Streamlining project was conceived in November of 1993. Its first meeting was held two years later on November 22, 1995, and it is ~ in RS final phase. 2) To accomplish the streamlining project's missions and objectives, a steering committee and a working group were established. The working group's responsibility was to research and develop proposals, the 'nuts and bors' work of the effort. A user group of developers, occasional users, and owner~builders, reviewed the efforts of the working group and made recommendations. 13 199~J97 < COUNTY 0~' MW'ND(:X;INO GRAND BUILDING AND PLANNING 3) The steering committee and working groups made these proposals: a) Create a permit resource center. b) Develop a permit tJ-acking system. c) Provide pre-application meetings. d) Review applications in a timely manner. e) Expedite second residential unit permit process. f) Modify subdivision comm~tee process. g) Request Board of Supen~sors discuss priority processing for commercial and industrial projects. h) Stress customer satisfaction training. i) Each County Department needs to identify steenng committee proposals specific to that department. 4) The ultimate goal of the proposal for a Permit Resource Center is an office or building where most if not all permit related business will be transacted. An interim step involves the training of permit coordinators who will be assigned to each permit applicant and follow the progress of the application to its conclusion. In addition, a set of binders containing the necessary procedural information for permit application will be compiled, made available to the public, then updated as need be. Recommendations/I)isposidons: t) A building or office to house the Permit Resource Center should be funded and esl~blished. This should in no way interfere with the progr-~n to train and assign project coordinators or the thoughtful construction of resource binders. 2) Track results of new procedures after implementation and make the results available to the public. C0mment~ The Grand Jury war~ to t~ke this opportunity to acknowledge the difficult yet thorough work of the steering comm~ee and working ~roups, and express our appreciation of the efforts by the Planning arx::l Building Services Department in providing responses and documentation to the Grand Jury. Complying with the requirements of a land use or building permit is a rare circumstance for most citizens. Often times this will cover an extended period of time, during which changes will occur in the rules and regulations affecting the permit. This may well cause confusion and frusb-~on on the part of the permit holder. The implementation of the streamlining study's proposals will go a long way towards guiding the permit applicam,4-~der through this complex process with a minimum of frustra~on. dURY FINAl. RF..I~OI~'T > I gg61g7 14 BUILDING AND PLANNING Responses Required: Departrnem of Planning and Building Services Review:. Mendocino Historical Review Board Summary: The 1996197 County of Mendocino Grand Jury elected to follow-up the work of the previous Grand Jury by reviewing the history, responsibil~es, and procedures of the Mendocino Historical Review Board (hereafter referred to as MHRB). This overview provided insight into why MHRB's decisions may be controversial and the subject of complaints to the Grand Jury. Members of the Grand Jury interviewed the staff person from Planning and Building Services Department (hereafter referred to as PBS) who serves as a liaison between PBS and MHRB. This staff person was able to give a detailed and documented summary of ~ history and activities of MHRB. Findings: I) The PBS-MHRB liaison receives applications for MHRB perm,, examines them for ccmem. and prepares materials on codes and guidelines that will aid the MHRB in deciding the ~ate of these applications at MHRB's regular monthly meeting. This liaison work consumes twenty percent of the staff person's work hours at PBS. MHRB applica:ion fees pay for that ,~me. 2) In 1973 the town of Mendocino was placed on the NatJonal Register of Historic Places. At the same time the Board of Supervisors established the town and a specific area around ~ ~ ?.e Mendocino Historical Preservation District. Highway One divides the District into Zcre A to the west and Zone B to the east. In the early years after designa~on, the citizens of Mer, c~cx:~no labored to define the intangible, i.e., What gives the town its unique historical charac:er.~¥hat elements of its cultural past can be preserved?How can Menctocino maintain the 'fee!" of a ccas-~l logging community while allowing modem life to flow through it comfortably? It was decided that preserving the architecture and street iayout would be of primary importance. An inventory of existing stru~ms was compiled and dividecl into four cate~es. Category I structures are the most intact and have :he .most reliable d~ng. They are refe.~-~d to as "landmark structures'. There are ninety-five lanc~mark s:-uct, ures ~n Zone A whit.~ =_re afforced the most protection. It should be emphasized however, that since ~ entire town of Mendocino lies within the Preservation District any improvements are :igrrdy regulated' Substan~r~ we~gt~t is given to maintaining the open spaces and established vistas of me District. 3) Preservation District design review guidelines are very precise and overlaid on standards 15 COUNTY OF MF..NDOClNO GRAND BUILDING AND I=}LANNING already set forth in the zoning code. However, in its Town Plan, the planners recognized that Mendocino is a living community with no "right set of develooment standards for each parcel." The MHRB is the body charged w~ maimaining standards in the face of steady pressure to allow variances to them. 4) If an application is denied by the MHRB the applicant may: a) Accept the denial. b)/kopeal to the Board of Supervisors within ten days. c) Reapply in six momhs. The appeal to the Board of Supervisors involves submitting a letter to the Clerk of the Board of Supervisors stating :he grounds for appeal along with a fee of $580. Recommendations\Oispositions: I) Given the unique nature and special requirements of owning property in Mendocino, the Grand Jury believes greater communication between MHRB and land owners (present and prospective) about the histoncal status of their property and the responsibilities and strictures of that status is essential. 2) Visitors should have more information about the historical significance of the town of Mendocino. Pamphlets, placed in cover~ containers, directing visitors on a serf-guided tour around the town, should be made available. C0mment~: The Grand Jury is not part of the MHRB appeal process; it provides oversight of government process', and is not a substit~e for them. Responses Required: Mendcx3no Historical Review Board ~JuRY FINAL RE;ImORT 16 EDUCATION AND Lib RAt I ES if a nation expects to be both ignorant and free, in a state of civilization, it expects what never was and never will be. Thomas Jefferson I~eview:. Branch Libraries of the Mendocino County Library System Summary:. Pursuant to California Penal Code Section 925, the 1996197 County of Mendocino Grand Jury elected to review the operation of the Fort Bragg and Ukiah branches of the Mendocino County Library System. Members of the Grand Jury toured both branch libraries, interviewed their Head Librarians, as well as the County Librarian. Findings: I) Public libraries in California rank last in America in open hours per-capita. The Mendo0no County Library System ranks 15 I st out of 170 California Library jurisclictions in per-capi~ support. 2) Despite these Iow levels of State and County funding, use (treasured by monthly circulation figures) of the Book~ile, Ukiah and Fort Bragg Branch Libraries has been record setting. 3) Citizens of Mendocino County have consistentJy demonstrated (by voter majorities) support for increased library funding (though initiatives failed to garner the necessary two-thirds of the vote required for passage). 4) Each Branch has a devoted "Friends of the Library" support group that gal~rs donations and provides volunteer help. This patronage enables these libraries to stay open longer hours and to operate more efficiently. 17 199 1 7 < CouN oF.M£NDOCINO GRAND EDUCA, TION AND LIBI=~,A~II='S 5) The Ukiah Library is open for thirty hours a week, while the Fort Bragg Library is open For thirty- five. The Fort Bragg branch is open longer hours because their "Friends" group helps finance one more full tJrne staff person. Neither Branch is open enough hours to meet the publics need or desire for library services. Both Branches are open longer than their respective shortened staffs' are able to maintain as well as they would like. 6) From 1989 through 1996 the Mendocino County Library System has sought and received 869,658 dollars from sixteen outside grants. These funds have been used to purchased books, chitclren's materials, Native American multi-media CD's, intemet workstations and general materials, as well as helped fund literacy programs and an expansion of the Round Valley Library. 7) The libraries in Covelo and Point Arena have become branches of the County Library System. The County Librarian is researching library grants to help purchase a more suitable building for the Point Arena facility. 8) The Ukiah Branch has a large children's room which requires a full-time library technician. This tech would perform some professional librarian functions, teach, and supervise all children's rcx:x'n activities. Fort Bragg has a similar area that is somewhat isolated. 9) Both Branches are making computer technology available to the public. Due to inadequate funding there are neither enough computers to meet the demand, nor enough staff time to satisf'actonly provide instn.~on for, and supervision of, their use. Children are not allowed to use the irrtemet without supervision. 10) Mendocino County libraries are in the process of being linked to the Sonoma County Library database. So far 65,000 ~ have been entered (barcoded). When this network is complete it will be easier to locate overdue ~, collect fees, and individual sites will be able to access and share each others inventory (increasing circulation while minimizing purchases due to the larger group listing I I) Students make extensive use of Mendocino County Libraries in researching school assignments. While private schools and those participating in home schooling progran~ routinely inform Librarians of their students needs well in advance of these assignments, public schc~ teachers are less likely to do so. Recommendations\Dispositions: I) The County Board of Supervisors and the local City Coundis need to work together to increase funding to the County Libr'ar7 system so that the branches may be open longer. 2) The Ukiah branch needs a s12ff person to supervise its children's room. The Fort Brag~ branch ~Ju~Y F~N,~L R~:~,o~rr ) 1996197 18 EDUCATION AND should consider moving me children's section to the present conference\reference area. This will allow full-time supervision of the children's section from the front desk. 3) Public school teachers need to advise and inform Branch Libranans of assignmerr~s given to their students requiring ex~ensive use of branch libraries for research. Comments: Dunng the interviews of the County Librarian, and the two branch Librarians, it was refreshing to see the dedication, i~eres~ and enthusiasm these individuals bring to their positions. They are detailed managers, tireless fund raisers, and the backbone of the Library S,/~em. Mendocino County is blessed to have such devoted serrate. The Grand Jury wishes to tJ~ank these people for their dedication and their willingness to share with us all. The Public lending library is a uniquely Arneri~ and democratic institution, providing access to information, knowledge, and culture for all. The people of Mendocino County have demonstJ~ted how highly they value their libraries both through high levels of usage and private support. The Grand Jury believes it is time for the Count, s elected officials to do the same, joining in a common effort to increase funding to this valuable and venerable inst~on. Response R~lui~: I) Board Of Supervisors 2) Fort Bragg Cit7 Council 3) Ukiah City Council 4) Fort Bragg Branch Librarian Review:. Pomolita Middle School S;umma~ The 1996J97 County of Mendocino Grand Jury chos to review me adminisl~on of me Pomolim Middle School (hereafter referred to as Pomolim), as well as ~ pr~ available there. Members of ~he Grand Jury toured the c~mpus. This tour s~rted early (before classes allowing them to observe studerr~ arriving on campus, and then I~ter in tJ~ns~on bem~een The school principal was irrcerviewed providing a thorough description of Pornol~'s past, preserrc, and future. Findings: I) The campus comforl~ly serves 800 students, and man accommodate as many as 1050- 1100. I ~a~Ja? < cou,,m, oF MENDOClNO GRAND EDUCATION AND LI~I=~,RIE$ 2) Pomolita is a Seventh and Eighth Grade middle school. Five elementary schools annually promote a toT, al of approximately 400 students to it. Due to a lack of classroom space at the elementary school facilities Pornotita's campus also accommodates two gifted classes (one for grades one to three, and one for grades four to six) and three "intersession" classes for grades K through six. 3) Thirty-one students is the target for individual class size as set by contract with the Teachers Union. The actual size will vary due to enrollment. 4) Students at Pornolita are each assigned to seven classes from among the following: Social Studies, Science/t-tealth, Reading, Mathematics, Physical Education, Language Arts (two) and an ele~ve (Band, Choir, etc.). 5) Promotion from Pomolita is not automatic. A student must accumulate twenty-one out of a possible twenty-eight academic units in order to be advanced to High School. 6) There are two grant funded programs for the "at risk" student. a) The After-School Academic Prc~ram (ASAP) b) The Tutorial Learning Center (TLC), is open on Mondays, Tuesdays, and Tnurs~a,/s, serving as many as thirty-five students, each of whom receives one-on-one he~p ~n me specific areas of study he\she needs. Both of these prc~mams are designed to help students overcome academic di~culties ,¢ertt~fiec~ in their regular course of study. 7) Students have the opportunity to participate in ~ After School Activities Program,. c;~s,s;..-g of sports and clubs. Pomolita provides bus transpon3tion home to those participating ~;cer.~ 'who have no means of getting home after ~ regular bus service encls for the day. 8) Regardless of their overall academic standing, the hard work and dedi(-~tion of inchviclual stuc3ents in improving their grades is acknowledged and in some cases rewarded. For instance, bom me student who is in danger of failing and raises their Grade Point Average to a 2.0 and the stuc~ent who raises their Grade Point Avera,:oe from 3. I to 4.0 cam win the scm:x~ls 'q'um Around Jump Snot Award". 9) Pornolita has used a schedule that ro13tes dasses dmly since t968. This provides for me foilcwing advantages: a) Varying dirnate for outside activities. b) Both the educational prime time of 8:00 a.m. to I I:00 a.m. and the Post L~nch Blues are shared by all. c) Friction between individual students and inctividual teachers is largely reduced since ,.ney do not encounter each other at the same time each day. d) The latest Poll shows 8096 of the teachers ancl 9096 of Be stude~ in favor of the rotating JURY FINAl. RE.I=N:3RT ~' I ~I c~7 ZO J[DUCATION AND LIBI:~ARIF_S schedule. 10) Pomoli~a may use teaching in teams for the 1997j98 term. This approach provides the teachers Of a team with a common daily prep period for discussing individual students and srtuatJons. This will reduce the number of instructors a student has during the course of the academic year. I I) English is a second language to approximately 21% of Mendocino Counys students. These students require, and are provided with some form of specialized curriculum. The faculty at Pomolita understands the need to sustain the parent language yet recognizes the necessity of both teaching and using the English language. 12) Eighty-four per-cent of the Ninth Grade in Mendocino County public schools will go on to graduate from High School. The average rate for California is only seventy-nine percenL Pomolita and the other Mendocino County middle schools deserve credit for this high rate of success. 13) Pomolita's pregnant students are too young to do well in the regular High School Pregnant Minors Prosram. Coping with the inevitable ostracizing by their peers and the pre-naB demands of their pregnancy has proven to be too much for these young people. Providing for these students educational and pre-natal requirements has been difficult. The Independent Study Prosram is currently being used but is not considered to be an adequate solution to this situation. 14) Members of the Grand Jury who toured the Pornol~ campus noted that students on campus were supervised at all times, student comings-and-goings were quiet and orderly, no loitering was observed, and the students seemed content. 15) Parents are a vital component in the academic success of their children. Pomolita provides programs to counsel the parents of at-risk students in how to provide the support and guidance their children need to become better students. Recommend~ons: None Comments: Schoc~s tcx~ay face the challenge of providing an education to an ethnically diverse student body bringing many of societ)/s problems into the dassroom with them. Pomolita meets the challenge through student organiz~ons such as the Native-American Club ar,:l the Hispanic-American Club which furnish support for those students involved, by working to instill responsibility in all i1~ students, and by identifying 'at risk" students e~ly on, then providing pre,'ams to help them. Pomolita is looking to the future to see what adaptations will be needed to meet the constantly changing needs of the school's students and parents. Keep up the good work! Thank you for your 21 I ~ J~7 ( COUNTY OF ME:NDOGINO GI~tAND F'DUCAI'ION AND LIBI:bAIRIES time ~nd cooperation. Response Required: Mendocino County Office of Education R.ie~. Mendocino County Regional Occupational Prosram :[ummarF, The Grand Jury is charged with the t~sk of periodic review of county schools and educational programs. Since the last Grand Jury review of this program was in 1988 the 1996J97 County of MendOOno Grand Jury elected to review it. , Members of the Grand Jury visited the Mendocino and Fort Bragg sites of the Mendoono County Regional Occupational Prosram (hereafter referred to as ROI=). Classrooms, shops, greenhouses, and a variety of labs were toured. The Superintendent of Schools supplied information prior to the visit. Two administrators were on hand to guide the committee and provide background, as well a specific site information dunng the tour. Findings: I) ROP operates eighty vocational prcsr-~'~, serving between 4500 and 5000 part-time students annually. The total classroom hours of these students is the equivalent of 1200 full-time students. 2) Though the ROP has a general academic curriculum, the programs of each indMdual site also reflect the interests of the community it serves. This assists students in becoming employed through community classrooms and coope~dve vocational educational programs. 3) ROP is an independent, self-sustaining entity that works with individual schools but remains separate from them. Th~ independence allows ROP to focus its i~on on occupational skills rat~er man on college prepar~on. 4) In order to better serve the educational needs of the community, adults are allowed to enroll in some programs. 5) Interest and enrollment in all programs are regularly evaluated. Programs can then be enlarged, reduced, terminated, or left alone as needs be. 6) Public schools and ROP are integrated as much as possible, with students using techniques from their ROP classes to complete schcx~ assignments. ~URY FINAL REPORT ) I ~6J97 EDUCATION AND LI~Im.A~IE,$ 7) The Mendoono ROP recording: studio is four-tenths of a mile across town from the rest of the Menclocino ROP campus. Rec0mmendati0ns/1)isp0siti0ns: It is critical that funds be made available to follow through on ROPs intention to site the Mendocino ROP recording studio on the Mendocino ROP campus grounds. This would eliminate the students' unsupervised walk, back-and-forth across town, between the two sites. The Grand Jury feels this walk exposes the students 'co an unwarranted risk of injury, abduction, and other hazards of society. Comments: The Mendocino County Reg~onat Occupational Pro,'am is an obvious success and a valuable educational componet of the communities it serves. Interest and enthusiasm runs high amon~ rts' students and instructors. Administrators are very proud of the progress the Program has made over the years. Responses Required: Mendocino County Office of Education Investigation: Complaint concerning Laytonville School District. Summary: The 1996197 County of Mendocino Grand Jury received and investigated a complaint against a former Laytonville School Superintendent, a forrrer Laytonville School Board 'President, and a member of the Laytonviile School Board. Dunng this investigation members of the Grand Jury interviewed the forrrer School Board President, the Mendocino County Supenntendent of Schools, and the County Counsel. The Superintendent of the Mendocino County Office of Education consulted with the law firm they hold on retainer to get answers to some of the Grand Jury's questions.. Findings: i) Complainant aJiej~,,d falsification of a public document by the three previously named individuals. At issue is the employment corrcr3ct of the fon'ner Laytonville School Superintendent. 2) In preparation for the June 29, 1995 meeting ofthe Laytonville Schod Board either the School Superintendent or the Sdx:x~ Board's representative prepared a document setting forth terms for the Superintendents continued employment or resignation. The Superintendent accepted the terms, signed the document, and dated it June 15, 1995. At its June 29, i 995 meeting the Scrc~ Board reviewed the document, made some changes, and then approved it. 23 I eee < cou.w o. JVJgNDOCINO Gl=lAND EDUCATION ,&ND LIBI:~RIE$ 3) A School Board representative met with the Superintendent, the Board's changes to the document were discussed and found acceptable by the Superintendent. The document was then signed by the School Board's President. 4) After requests by the complainant to see this contract, a copy was provided in early September, 1995. The released document was signed by both the former Superintendent and the School Board President, and dated August 3, 1995 by the School Board President. 5) The released document had been altered. Terms from paragraphs la, 2d, and 2e had been omrtted. The following reasons were given for these altera[ions: a) The former Supenntendent was advised by School District legal counsel that only articles of financial content in an employment contract should be regarded as public record. All articles pertaining to financial matters were included. b) Paragraphs la and 2d concern the School Board's comment to help with the Superintendenfs job search efforts. The special privilege granted privacy in personnel matters validates the exclusion of these para. phs. c) Paragraph 2e lays out a reorganization plan and a timeline for i~ implementation. Individuals who would be affected by this reorganization were away on summer break and had not yet been apprised of the changes to take place in the fall. While the subject matter of para~h 2e is a proper topic for public disclosure, autho~es did not feel that this was an appropriate ~ime or vehide for making this plan public. 6) Complainant alle~s.s non-release of public document.; seven requests were made between eady July 1995 and December, 18 of the same year, before the complete June 29, 1995 document was released. A review of the law regarding release of public records showed: a) Any public agencies, including public school districts, have a responsibility to provide copies of public records\documents upon request. Records concerning personnel matters are typically exduded from disclosure because that would constitute an unwan-cted invasion of privacy, (Government Code Section 6254) b) Procedures for enforcing one's fight of access to public records is con. ned in Government Code Section 6258. 7) Due to the attention this complaint received, the La,/tonville School District reviewed its legal obligations and responsibilities in these ma~rs. The ~ district has also corrl~cted for legal services throu[h the Mendodno County Office of Education. This will provide direct access to assistance when issues such as these arise. Recommendations\Dispositions I) The Grand Jury reminds the members of the Laytonviile ~ Board that they occupy a position du~Y F'~NAL RF.J=Ol=rr > I ~g~ I ~7 ~4 F'DUCA'I'ION AND LIBF~FtlE$ of public trust. They must make every effort to lead-by-example; to explain and to inform without regard to the size of the issue or by whom it is being raised. It is a Board's responsibility to study Doth sides of an issue, providing interest, effort, and concern equally to all the involved parties. Approach each s~uation with the highest professional attitude, acting on your responsibility to the public whom you serve, not your opinion of its particular individual members. 2) Just as a Board should follow parliamentarian procedure so should they also take the time to know and follow the rules set down by the Brown Act. You must comm~ yourselves to seek legal counsel when even the smallest doubt of the propriety of a procedure exists. When further inforrr~tion is needed to make a judicious decision, seek a reliable source for that expertise. Comment The Grand Jury's investigation does not support a finding that the School District withheld documents it knew and understood to be public information. The document released in August was a goocl faith statement of the then Supenntenden~s employment. The three items present ~n the June' dated document, but omitted from the August documem, included understandings w~, .~c~ ~e District believed to be confident~aJ personnel matters. While the t~me lapse between the recue~ for the document and its final release was extensive, it does not suggest criminal wrong doing. H©VVEVER, the Grand Jury finds it easy to understand the complainar~s frust~tion in dealing with ~e School District. The former Superintendent and then Board President managed to comptic~ze an oc)wous and uncomplicated matter, confusing the situation, and creating the appearance of c~e::F,e~-.e non- compliance. These individuals at times were indulging in a personality conflict with the compiainant rather than exercising good public policy. Responses: Laytonville School District Board of Directors I c~i~7 ( CouNTY oF- MENDOClNO GIro, AND SPECIAL DISTRICTS Facts are stubborn things; and whatever may be our wishes, our indinations, or the dictates of our passions, they cannot alter the state of facts as evidence. John Quincy Adams Investigation: Complaint Against the Board of Directors of the Hopland Public Utility District. Summary: The 1996197 County of Mendocino Grand Jury received, and chose to investigate, a complaint against the Board of Directors of the Hopland Public Utilities District (hereafter referred to as HPUD). The complaint alleged that: a) HPUD's Board of Directors had violated the Brown Act. b) There was a conflict-of-interest on the part of HPUD's legal counsel. c) Public funds had been misappropriated. In the course of its investigation members of the Grand Jury reviewed a number of pertinent documents and interviewed representatives of the HPUD Board, the Hopland Voluntary Fire Fighter Association, and the Fire Advisory Board. Findings: I) The complainant alleged that a dosed door personnel session conducted by the HPUD's Board violated the Brown Act. In point of fact personnel matters are not subject to the Brown Act. The Grand Jury does note however that the personnel session in question resulted in an individual losing his job, the session was never put on a public agenda, and the HPUD Board never performed a job evaluation of this individual even though that had been on their agenda for six months. However legal their handling of this finng may have been, it created, at the very least, the impression of unfairness, which in turn intensif~:l already stormy relationships. 2) Questiork~ble though it may seem, being employed as legal counsel by two different groups of citizens-even if they have opposing agendas-does not constitute a conflict-of-interest on the part of the attorney. 3) The Grand Jury did not detect any misappropriation of public funds. There were two discrepancies in bookkeeping and accounting that were subsequently explained to the Grand Jutes ~c~on. 4) Individual's statements, as well as some documents, indicate that mistrust between those involved is ,JURY FtNA[. RF. PORT> I ag~ ~ Si=I='ClAI. DISTRICTS resulting in harsh rhetoric, spurious accusations, and a disturbing lack of cooperation. 5) There is ample evidence that the aforementioned mistrust and the issues which have led to it have e~s~ed for years. There is no evidence of anyone trying to work toward a mutually satisY'acory resolution of those problems. liec0mmendati0n$\Disp0siti0ns: While the complainar~s allegations were found to be unsubsl~miated, ~he hostile environment which caused them to be raised cannot ~o vvith~ comment by the Grand Jury. Therefore: I) Voters are strongly encouraged to express their preferences in the upcoming June election. 2) The HPUD, the Fire Advisory Board, and the Hopland Voluntary Fire Fighter Association need to share opinions and maint~n open communication between their respective organizations. 3) Personal animosities need to be put aside and an emphasis placed on fire fighting knowledge and experience. It is time to quit making inflammatory statements about one another and s~rt cooperating; realizing that fires and accidents ~ for no man ~ recc~onize no boundaries drawn by committee. 4) The sele~on of legal counsel needs to be done in a prudent manner, after a careful assessment that an uneasy relationship will not result. Comments: The Grand Jury thanks all those who made themselves available for an interview and submitted pertinent documents. Ilesp0nses: Hopland Public Utility District Investigation: Complaint again~ Westport County Water District Summary. The 1996197 County of Mendocino Grand Jury received a complaint against the Westport County Water District (hereafter referred to as WCM/D). An investigation into the allegations of the complaint involved interviews with members of WCWD's Board of Directors, an Independent Auditor, and the Mendodno County Clerk. rindin~ I) Complaint alleged that yearly audits for years 1993 thru 1996 were not completed. Audits for 1993 and 1994 have been completed and received by the Mendocino County Auditor. An 199G 197 > COUN'rY OF M~'NDOCINO Gl=lAND SPECIAL DISTRICTS independent auditor ~s preparing the 1995-96 WCWD audit and says it will be completed by May t997 "pending cooperation of WCWD's Board of Directors". 2) Complaint alleged eleven months of Minutes for Board of Directors meetings were not approved, and only three 'monthly' meetings of the Board of Directors had been held within the prior six months. No one contested this. Regular monthly meetings of the WCWD Board are now being held. Minutes of those meetings are being recorded and approved. 3) Complaint alleges the Mendocino County Board of Supervisors failed in their obligation to appoint two new directors to the WCWD Board to fill the Iong-s'canding vacancies on the WCWD Board. In Fact the Board of Supervisors is only required to fill vacancies if there are not enough WCWD Board members for a quorum. There are presently three directors on the WCVVID Board, which does constitute a quorum. At its March 4, 1997 meeting the WCWD Board passed a resolu~on calling for a special election to fill the two vacant seats. 4) Complaint alleges the EtectJon Departrrent refused to put the two vacant Board seats up for election on the November 1996 ballot. The County Clerk states the Election Board cannot call an election. The WCWD must call for their own election, which they have now clone. The County Clerk further states that when the WCWD resubmits a correct application with the Election Board, an election for the two Board vacancies can be held as early as September 1997. Recommendation\Dispositions: In the past Wes'q:x~ has looked to the outside (County government, Grand Jury) to solve its problems with its Water District. The WCWD Board of Directors has recently made significant progress in solving Water District problems on its own. The G~cl jury commends them on their efforts and seriously recommends that they continue this good work. Comments: The Grand Jury appreciates the cooperation and assistance provided by the County Clerk in the investigation of this complaint. Response Required:. Westport County Water District Board of Directors ,.JURY FINAL REI=OI=~r ~ I LAW EN FO RC EM ENT Government implies the power of making laws. It is essential to the idea of law that it be attended with a sanction; or in other words a penalty, or punishment for disobedience. Alexander Hamilton - Federalist Papers No. 18 Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice without constraints. Ibid. They that can give up essential liberty for a lil~le safety, deserve neither liberty nor safety.. Benjamin Franklin I[,i~. Count,/Jail Summa~: The County of Mendocino Grand Jury is mandated by law to make annual inspections of the County Jail. Findings: I) The occupancy was not overcrowded and the environment was positive. 2) General Services provides the jail facility with one maintenance t~ined employee during regular business hours. For emergency maintenance situations there is a personnel on caJI twenty-four hours a day. Requests for repairs and the time they are completed are recorded in a journal, all repairs were shown to be completed in a timely manner. 3) The kitchen and laundry area are well maintained. Supervision allows inmates to provide labor support, in both of these areas. 4) A medical technic. Jan employed by the California Forensic Group is on staff at this jail facility twenty- four hour a day. Dental services are available when needed. 5) The Grand Jury received a copy of the report pertaining to the inspection done by the California Forensic Medical Group completed December 1996. I ggsJg7 < couN~ or MENDOClNO GIJ~ND [.AW ENFORCEMENT 6) Inmates were invited to talk with the visiting Grand Jurors without dose scr~ny by deputies. Recommendations\Dispositions: None C0mmenu: The educational opportunities at the facility are exemplary: There are classes available for, Life Skill Counseling, General Education Diploma Certification, Alcoholic and Narcotics anonymous, Substance Abuse Counseling, and religious services. A core cumculum designed to reduce criminal offending called 'q'he Essentials" is being developed and will be offered. It. deals with learning and understanding the skills necessary to be a law abiding member of society. Responses: None Review:. Inspection of Mendocino County Holding Cells, located in Fort Bragg, Willits, and the Courthouse in Ukiah. Summa~. State law requires :he County of Mendocino Grand Jury to inspect all county jail facilities and holding cells annually. Findings: I ) All the facilities had dean, adequate accommoda~ons, thus mee:ing the needs of the prisoners. 2) The Fort Brag[ and Willits criminal jus~ce centers were desiF~zcl to keep prisoners from having any contact with the public. Prisoners are escorted to and from the courtroom through secured hallways which have no public access. VVlnen it is necessary to t~nsfer inmates to or from one of these sites, a "sally port": (entr~exit) provides a secure vehicle Ioading~unloading environmem. 3) Because of its age the Courthouse in Ukiah, built in 1926 and expanded in 1953, was not designed to meet the security needs of today or the future, prisoners are not kept separate from the public. When transfemng to or from a transport vehide, prisoners are not in secured areas, nor in gaining access to the five coup. Prisoners may come into dose contact with the general public alleged victims, their families and potential jurors. Recommendations\Dispositions: See report on Prisoner Movement W'rthin the County. Comments: None Responses: None ~JuRY FINAl. REPORT )' I gg61g7 30 I__*.W Re¥iew: Prisoner Transport Summar)c. With the rna~ate to annually inspect all jail facilities and holding cells, it was decided to participate in the transporting of adult and juvenile prisoners throughout the county. Findings: 1) Inmates are transported between jail facilities and courts within the county. They are also sometimes moved to jails outside the county as well as to state prisons. 2) On an average there are six or seven Field officers (who are generally on overtime payroll) facilita~ng the transportation. A conservative estimate of $750 a day is spent in Overtime for these officers. 3) Typically, fifteen to twenty-five prisoners are transported daily. 4) Twelve prisoners can be transported in a van and four by car. Male and female prisoners are sometimes transported in the same vehicle. 5) There are three reserved prisoner t~nsport parking spaces along the Perkins Street side of the Courthouse. 6) Prisoners exit the transport vehicles at the sidewalk outside the Perkins Street courthouse entrance and proceed through a storage area, then to the main ground floor hallway, (none of which is secure) and on to the holding cells. 7) If ail reserved transport spaces are occupied, the transport vehicle will circle the Courthouse looking for a space to park. Any spot that is open will be utilized, Which in turn, creates a greatly unsecured exposure for prisoner(s) and deputies. 8) Leaving a prisoners name off of the daily transport list is a frequent occurrence. This list is issued to the Sheriff's Department by the courts. When a name is omitted it requires two deputies on security detail at the courthouse to make a special trip to transport the prisoner from the jail to the courthouse. 9) The Perkins Street ground floor entrance is also the only courthouse access that accommodates the handicapped. I0) The storage area used to enter the ground floor hallway is usually piled high with cardboard 31 I ~6 J~7 > cou.~ o~- MENDOCINO GI~.AND LAW F'NFORC;F_H£NT boxes and plastic bags full of garbage. This access is also used for trash removal. A large refuse dumpster is located immecliately outside the basement access storage door area. I I) Moving prisoners to ancl from courtrooms is not done in a secure environment. Pnsoners must be escorted c~own public hallways, as well as using a common elevator. The public is not allowed ~lizaUons of the elevator when prisoners are occupying it, however the elevator will stop on floors where people are seeking admittance. 12) Due to preliminary arr~gnmen~s occumng in all five courtrco'r~, prisoners must be individually shaclded. When sentencing takes place, prisoners may be shackled together or in a group when there is a common destina~on. 13) Prisoners creating a disturbance or posing a security risk must be t~nsported immediately, therel~y removing two deputies from their duties in the courtroom. 14) Judges often hear other cases before handling the cases that involve prisoners. 15) A 199 5 report from Supervisors McMichael and Peterson stated in part: 'This section of the report suggests that the Sheriffs Departrnent could save an estimated $56,000 annually by instituting a video arraignment procedure, it recommends that we spend approximately $ I 0,000 for the equipment. Such a procedure wilt require the cooperation of all departments involved and the court. The Sheriff cannot unilaterally pursue such a procedure. This recommendation has .l~en made in the past but the courts have refused to consider it. Recent past escapes at the courthouse and upcoming trials for recent murders underscore the need for such a courtroom. The liability costs of one incident would more than pay for the cost of construc~on. Over five to ten years, the savings from transportation costs would pay for it, depending on construction costs." Recommendations\Oispo$itions: I) Eliminate civilian parking on the south (Perkins Street) side of the Courthouse, reserving those spaces for prisoner :~anspon vehicles. 2) Hire a security offer to review and implement procedures to secure the Courthouse. 3) Make all egresses emergency exits except for the main entrance fronting Sam Street. This main egress is to become a secured entrance/exit with metal detector units in place. Prisoners and handicapped persons will then enter through a secure ground floor entrance. 4) Remove garbage from the storage area and the dumpster from outside the basement ent~ce. ~.IURY FINAL R~'I~RT )' I gg~lg7 32 L,~w F-.NFORCF'MENT 5) Cases involving prisoners should be heard by the judge prior to other cases in order to reduce the security ask. 6) With the redesign of the courthouse currently in progress, separate entrances to courtrooms should be constructed in order to eliminate the commingling of prisoners and the public. 7) Video arraignment for both juveniles and adult prisoners is strongly recommended. This is also h~ghly recommended for Fort Bragg and Willits arraignments thereby eliminating the transportation of prisoners to and from these c~es. This would reduce the risk to the public and also be a significant sawngs for the county. 8) At me jail and juvenile facilities, construct courtrooms with appropriate security built-in for transferring prisoners. Non-jury trials and sentencing would be held at this facility. Comments: The elimination of transporting prisoners in an insecure environment is I~ramaun: :o the safety of the public, jurors, victims, deputies, as well as the prisoners. The present envrcnment makes it all too easy for physical endangerment of the public. The apparent lack of concern for me safety of the public is ludicrous if one visualizes the devas~tion that can occur in me hai!s cf iumce when, in fact, that is what the judicial system is trying to cease from happening or at occurring again. Responses: I) Board Of Supervisors 2) District Attorney 3) Judges 4) Shenff-Coroner 5) City of Ukiah 6) County CAO Revit,~. Juvenile Hall Summary: The County of Mendocino Grand Jury is mandated by law :o make annual ,ns~ons of the Juvenile Hall. Findings: I) Juveniles who are subject to a pending court aC. Jon and juveniles sentenced to less 'Nan a year are incarcerated in Juvenile Hall. I count, MENDOClNO GI IAND LAW E:N I~ORCE~MI='N'I' 2) There are twenty-nine single occupancy rooms with two additional rooms available for incoming bookings. There are no rooms assignments by sex. That varies depending upon the popula~on. 3) There is an activity room for the males and a separate activity room for the females with the single occupancy rooms connecting the two. 4) The Booking room is also the storage and employees break room, and is open to the male activity room. 5) If individuals have displayed good behavior, they are allowed to decorate their rooms with posters provided by the Juvenile Hail. 6) Given the time of the inspection during the wimer monms, the grounds where in acceptable condition. One outside area was to be prepared for their annual summer garden. 7) West Hills School is located within the confines of Juvenile Hall. Juveniles are required to attend, unless they have received a high school diploma, or passed the G.E.D. test. Children are enrolled in the scYo~l as soon as possible following I:x:x::~ng. Needless to say, cumculum vanes drastically between individuals so customization is needed in each and every case. Credits are transferable. 8) California Administrative Code, Title XV, requires that the more serious offenders be kept separate from the less sophisticated. There is no secure dassroom for Code Three (more senous offenders) individuals so they do their school work either in the living unit or in their room. 9) If an individual refuses to go to school and stays in h~her room, a packet of school work is still required to be completed or he\she will lose evening a~vity privileges. I0) The kitchen is also within ~e confines of Juvenile Hall, it is immaculate. A medical office is located within the confines as well. I ! ) Parents pay a d~ily fee during their childrens' stay in Juvenile Hall. Collection of Juvenile Hall fees is now being done by Juvenile H~II Aclministm,,CJon instead of the Probation De~nt. 12) There is no medicaJ technioan on site, but one is on call. 13) The Juvenile Work Program w~s established by resolution of the Board of Supervisors in 1995. This pr~ram reinforces to the youth that they are accountable for their i~cts. The approach is to assist by turning the offender's ne~tive behavior into positive contribution by giving them the opportunity to become responsibly involved. The actual work occurs on weekends thereby not interfenng with education. ~IuI~Y FINAL R~'I=OI~I' > 199el97 .34 LAW F'NFORCIrMENT Recommendations\Oispositions: I) To fund a Day Treatrrent Program to work with the juvenile, family, and friends toward a positive environment for the juvenile. 2) The facilities cannot accommodate the following needs, so they need to be procured: a) Juvenile crime is on the increase, therefore, more rooms are needed. b) A separate booking or intake center room is needed to provide a safe and secure environment for :he incoming individual as well as individuals in the activity rooms. c) A break room is exactly that, and must therefore be a place to get away from the work environment. The current facility is not providing it. d) A confidential area for the juvenile to consult with their attorney is mandated. e) A separate classroom for serious offenders is mandated by taw and needs to be provided. 3) Video arraignments for juveniles will eliminate the t~nsport~on requirements. This also will reduce the security risk when commingling these young offenders w~ the public at the unsecured environment with the courthouse. Comments: To neet the educational needs of twenty-nine interim students of varying educztional backgrounds and to be successful at it is very commendable and West Hills School is accomplishing this arduous :ask. Due to the logistical limil~t, ions of the facilities, the staff is laboring under many obstacles to create a pos~ve environment for these young people who need it most. lesponse: a) Sheriff b) Board of Supervisors Review:. Review of Mendocino County Coroner Summa~ A segrrent of the Grand Jury annual review of Law and Enforcement includes the duties perforTred by the Coroner. Findings: I) The Coroner, or a deputy coroner, ~ determine a person dead due to obvious signs, but cannot pronounce a person dead. 2) The Coroner is required to investigate all deaths that come within the provisions of sec'don 27491 of Government Code. 35 I gg~lg7 > COUNTY OF MENDOClNO Gla.~NO 3) Some examptes of when a Coroner shall inquire into a death are when: a) an individual has not seen a doctor in the last twenty days b) a homicide has occurred c) a suicide is suspected d) a traffic ,fatality happens e) a death of suspicious circumstance f) a death is from "Sudden Infant Death Syndrome" 4) Forensic autopsies are perforrred in Sonoma County by a forensic pathologist. 5) Deaths related to accidents are subiect to toxic screening. 6) If a physician can not sign a death certificate, the case file is transferred to the Coroner's Office. An investigation into the manner of the cause and circumstance(s)is perforrred. 7) In 1996 there were 235 deaths in Mendocino County investigated by the Coroner. Recommendations/Dispositions: None Comments: None Responses Required: None Investiiation: Grievance procedure of the Mendocino County Jail Summary:. The 1996197 County of Mendocino Grand Jury received and investigated a complaint from an inmate of the Mendocino County Jail regarding the Jail's grievance procedure. Members of the Grand Jury obtained and reviewed a copy of the Jail's grievance procedure, and visited the jail faolity to review the log and the disposition of the particular grievance in question. Findinis: I) The grie~ procedure is simple and straight-forward. It sets time limn for review of, and response to, grievances. 2) The review of the logs at the jail facility revealed that the time frame of all the recorded entries concerning this grievance corresponded with the time frame given by the inmm~. The members of the Grand Jury also tracked the forwarding of the grievance through the different levels of the process and the response notification back to the inmate. LAw F_.N IrORClC'~lc'N'r' 3) The grievance was reported to the proper departmem for action. Recommendations: No~ Comments: The vehicle for communicating inmate grievances is established and is being enforced effectively, so as to ensure me protection of me inmates' constitutional rights. Responses: None 37 I c~[~7 > COUNTY OF MENDOCINO GEAND WELFARE AND HEALTH A sound mind in a sound body is a short but full descripl~on of a happy state in this world John Locke The people's good is the highest taw. Cicero R.iew: Alcohol and Other Drugs Program Summary: The Alcohol and Other Drug Program (hereafter referred to as AODP ) was formed in 1985 as a division of the Department of Public Health, previously it was known as the Division of Substance Abuse. In 1995 the Mendocino County Board of Supervisors resolved that AODP issues be made a top priority. This program has never been reviewed by the Grand Jury. Concentrating basically on intervention services, we interviewed the director, a therapist and other employees; reviewed reports, budgets, files, and other documents; toured Ford Street Project and attended meetings and sessions of Drug Court. Findings: !. Wr~hin Mendocino County: a) Ninety per-cent of child abuse is drug/alcohol related. b) Ninety per-cent of arrests made are drug/alcohol related. c) Ninety per-cent of the county jail inmates have drug/alcof~ related problems. d) Seventy per-cent of mental health problems are the result of drug/alcohol abuse. 2. AODP has a budget of approximately $2.3 million dollars. The following are services provided within this agency. a) Treatment Services: WINDO (Women & Infants Needing Drug-free opportunities), Detox, Out-Patient, Youth Services. ~IuRY FINAL 38 WI='L,F'AI~£ AND {""I~.~/TH b) Intervention Services: MAV (Men's Alternative to Violence), EIEP(Early intervention Education program), Drug Court, DUI/DDP(Driving under the influence and Dnnking Driver Program) OPTIONS (Opportunities Provided to Interested Offenders Needing Sobriety) c) Prevention Services: CWP~IF (Community Works Program, Community Initiative Fund), TAPP (Teen Alcohol Prevention Program) AIDSEducation, Community Health Partnership Grant, Safe Haven. 3. AODP is funded by federal, state and private grants and $62,000 from the county. 4. Mendocino County has one of only thirty-eight drug courts in the state. 5. The Ford Street Project' is the only residential drug rehabilitation program with funding form AODP. it receives $60,000/yr. for a six bed for detox program. The majority of Ford Street's detox clients are there for Methamphetamine abuse. The Ford Street Project also handles alcohol detox and other drugs. The Ford Street Project is a private non-profit public benefit corporation providing services for drug rehabilitation (and related problems) and emergency shelter, transitional housing and other services for Ukiah area homeless. It is strictly a voluntary program. 6. OPTIONS is the AODP prc~mam spotlighted by this committee for review. OPTIONS is a program for addicted drug offenders who are referred and supervised by the Mendocino County Drug Court. This program began receiving referrals on August 2, t996 for adult offenders. Among the twenty-eight clients as of February 1997, there were two failures. Nationally there are 200 of these programs, with the eleven drug courts reporting having recividism rates ranging from zero to twenty percent. The rate of re-arrests of these graduates is thirty-three per-cent less than non-drug court offenders. Recommendations: I) Encourage irrter-agency cooperation between AODP, Social Services and Mental Health. 2) Investigate the possibility of establishing a residential rehabilitation facility for adults and juveniles, perhaps in conjunction with neighboring counties. 3) Expand OPTIONS Program to the coastal communities with supervision by the local branch of the Municipal Court and the two new AODP workers in Ft. Bragg and Gualala. 4) Encourage the public and private sectors to work together - using Ford Street as a rn~el - for another detox/rehab on the coast. 5) Expand Ford Street Projects presem six bed Ukiah Fadlity. I ~C~1C~7 < COUNTY OF' M~'NDOCINO Gl=AND WELFARE: AN D H E. AL.'r'H Comments: I) AODP is a commendable program which benefits all ages, all socio-economic groups and ultimately saves tax dollars that would be spent on incarceration without stemming the progressive condition of addiction. 2) The Drug Court has survived without adequate funding its first year of operation. The Federal program that funded it initially has dried up and at this time has not been supplanted. 3) Human Services agencies throughout the nation are realizing how critidal it is to treat substance abuse before it becomes a life-style beyond help from intervention. Responses: a) Director of AODP b) Board of Supervisors JURY F~NAL REP'OR"r ~' I ~c~ J~7 40 REVIEW Of RESPONSES TO 1995 REPORT Summary: In order to maintain continuity between sitting Grand Junes the 1996197 Grand Jury reviewed responses to the 1995196 Grand Jury Report. This Grand Jury believes that tracking responses to the previous Grand Jury Report is an essential function of each Grand Jury. finding: I) Each year the Grand jury is required by law to submit a Final Report on its investigations a~d reviews to the Presiding Judge of the Superior Court. The 1994195 Grand Jury was the first to also publish and distributes its Final Report, in newspaper form, to the citizens of Mendocino County. 2) The California Penal Code requires a response to Grand Jury R~ports from elected County Officers and Agency Heads within sixty days of the t~ports publication. Public agencies and governing bodies being reviewed have ninety days after publication in which to respond. 3) This years Grand Jury had some difficulty acquiring the responses. While some responders sent copies of their responses to the Grand Jury some only sent copies to the Presiding Judge of the Superior Court. 4) The responses, when received, all carried dates indicating they had been sent within the mandatory time frame. 5) Responses were uniformly well thought out. I~commendations: in me future, responses should be sent directly to the Grand jury as well as to the Presiding Judge. Comments: The responses to past Reports illustrated the need for Grand Judes to confirm their findings (basic facts in their reviews) before publication. 41 1996J97 > Coum'~ oF MENDOCINO GRAND COMPLAINT LOG All that is necessary for the triumph of evil is for good people to do nothing. John Burke The consideration of citizen's complaints against local agencies and public officials is one of the Grand Jur,/s essential functions. The ability of the Grand Jury to provide a vigorous, objective investigation into a complainants allegation can be instrumental in maintaining ethical and fair government in Mendocino County. Any individual may file a complaint with the Grand Jury about the conduct of local agencies or units of government and public officials, whether elected or not. Anyone may ask for an investigation of alleged misconduct. The first step the Grand Jury will take with a complaint, is to ascertain if it is within the scope of the Grand Jurys powers and authority to investigate. The following list specifies different grounds for rejection of a complaint: I) Prior consideration by the Grand Jury of the complainants allegations. 2) Subsequent events have resolved the matter. 3) Matter not properly within the Grand Jury"s jurisdiction. 5) The matter is currently before the courts. 6) Lack of time dictates that the Grand Jury refuse a complaint where other remedies exist. 7) Adequate remedy lies in the electorial process where an elected offiOal is involved. 8) Lack of detail. 9) Preliminary inquires lead Jury to condude no further action is warranted. 10) Jury suggests complainant consult with legal counsel as to their rights and remedies in this matter. Note tha~ in the following log "gfr" stands for ~rounds for refusal, which is followed by a number. That number corresponds with the above list. Note also that the Grand Jury is not obligated to investigate any complaint. Acceptance of a complaint is always at the complete discretion of the Grand Jury. The Grand Jury keeps all complaints it receives in the strictest confidence. For this reason all names and the subject matter of the complaints have been deleted from this published form of the Complaint Log. .42 Complaint received status closed number I 9\~96 referred to L. E. Com. 9\3\96, L. E. committee found no grounds for comp. Jury closed on I 1\07~96, letter sent informing I I\1cA96 1\07~96 2 9\5~96 request refused 10X3\96, letter sent 10X8~96 IC)X3\96 3 7XI 6\9( complaint refused 9\05X96, letter sent 9\10XI 6 9X05X96 4 7XI7X96 complaint refused 9\05X96, letter sent 9\10X96 9X05X96 5 9\05X96: sent letter acknowledging receipt and requesting return 4X24\97 of filled out complaint form 9\i3\96, referred to Sp. Districts 9\05\96,letter sent 9\10X96 Sp. Districts reports audit done, 10X03\96, Spec. Dis. Co. report on investigation of complaint accepted and approved for inclusion in Final Report by panel 4X24X97 6 '9\12\96 I~anel referred to Ed. and Library committee I 0X03X96 5XI 5~97 sent letter noting referral 10X08X96, Ed. and Lib. Com.'s report on investigation presented to Panel, accepted and approved for inclusion in Final Report 5~15X97 7 9XI 2\96 sent letter acknowledging receipt cA I cA96 I 0X08X96 complaint refused by panel,(gfr #9), I 0X03\96, sent letter of refusal I C~08~96 8 9\ 12\96 sent letter acknowledging receipt 9\1 cA96 I 1\07X96 referred to Law Enforcement committee I 0X3\9 letter sen informing of refen-~l I 0X9\96\ Jury refused (gfr# I) I 1\07\96\letter sent I 1\19~96 9 cA0&96 sent letter acknowledging receipt 9XI cA96, 1\07X97 Deferred any action to next panel meeting I 0X03\96, sent letter informing of deferral of action I 0X I 0X96.\ Referred t~ Ad.& Fin. Com. I 1\7X96,\ Ad. & Fin. Com. recommend that complaint be refused(gfr#8) Jury passes 1\7X97/Letter sent I\1C~97 informing complainant of decision. 10 9X25~96 rejected #3, #9, I 0X03\96 sent letter informing of I C~03\96 refusal I C)X08~96 I I I C~2cA9~ refused (gfr #3), I 1\7~96/sent letter informing of 1\7X96 refusal I 1\07X96. 12 ~1 ~0~9~ sent le~er ackn~le~ging recei~ of co~laint 1~1~96 ~2~97 ,~ferred to ~.&Fin. Com. I 1~0~96/se~ le~er informing of refer~l, I 1~12~96, ~. and Fin. Com. ~resented re~ on inve~i~tion to Panel ~o accepted appr~e~ for inclusion in Final ~~ ~2~97 13 1~0~9~ sent le~er acknowle~ng receipt of complaint 1~1~96. ~2~97 Refe~e~ to ~.&Fin. Co., I 1~0~96 / I i~12~96 le~er sen~ informing of refer~l, ~. and Fin. Co. presente~ ~ rear of inve~i~on to pa~l who accepte~ a~ appr~d ~ fo~. inclusion in Final Re~ ~2~97 14 1 ~9~9~ sent te~er ackn~le~ging receipt and 2~0~96 ~anel's I 1~0~96 refer~l to ~w Enf. Com. on I !~12~96. Wrote le~er informing of panel's rej.& referring i~ividual to D.~'s o~ce 12~0 ~96 15 ~3~9~ sent le~er acknowledging receipt and I 1~0~96 panels I 1~0~96 refuel (~r ~3) on l 1~12~96 16 ~3~96 ~nt le~er acknl, receipt and i~. of pa~l's I 1~96 ~4~97 refer~l to Sp. Di~. Com. I 1~12~96, Sp. Dis. Com. pre~nted re~ ~ ~ in~~on to panel ~o accepte~ and appr~d for inclusion in Final ~~ ~97 17 I 1~06~9sent le~er acknowledging receipt and info~ing of ~nel's ~2~97 1~0~96 refer~l to ~.&Fin. Com. I 1~12~96/,le~er u~a~ng s~ua~on se~ 1~96, ~. an~ Fin. Com. pre~ed re~ of ~ in~~tion to ~t ~o accep~d and appr~d ~ for inclusion in Final ~~ ~2~97 18 IXI ~9~ ~ te~e~ ackn~edging rec. I IXI9X96 ~e le~er of 12X0~96 ~l's re~l (~3) 12X0~96 19 ~ yea~ wr~e le~er of refuel (~e ~ lim~s e~i~d) 12X1~96 12X1~96 20 12~13~9~Sent le~er ackn. receipt, and info~ing of refer~l to Sp. Di~. Com. I XI 6X97, Sp. Di~. Com. prese~d rein to Panel who accepted and approved it for inclusion in Final Report 5%15%97 21 12\11\9~ Sent letter acknowledging receipt and panel's request that a complaint form be filled out to clarify nature of complaint (2\1197) , 22 1\14\97 Sent letter acknowledging receipt and requesting a complaint form De filled out to clarify nature of complaint 23 5%16\97 Sent letter acknowleclging receipt and informing of panel's referral to Health and Wel. Corn.5%27\97, Health and Welfare Com. presented report on its review of PHF Unit to Panel who accepted and approved it for inclusion in the Final Report 5~2\97 ~ , 24 3\16\97 Sent letter acknowledging receipt and informing of panel's 3~_4\97 to refuse (gfr # 4) 3~7~97 25 4\17~97 Sent letter acknowledging receipt and informing of panel's 4\24\97 recommendation to re-submit complaint to next year's G.i. 4 24\97 , ITEM NO. 8b DATE: August 6, 1997 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF VOTING DELEGATE AND ALTERNATE FOR OCTOBER 12 - 14, 1997 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE It is, once again, time to make a final determination on which Councilmembers will be attending the League Annual Conference, and select a voting delegate and alternate from those attendees. Details regarding the date and time for the Business Meeting can be found on the attached letter from the League, along with other pertinent voting procedure information. Staff will be coming back to the Council with the actual conference resolutions for discussion at a future meeting. RECOMMENDED ACTION: Council make appointments of voting delegate and alternate by minute order and direct the City Clerk to forward the completed form to the League of California Cities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Acct. No. (if NOT budgeted): Acct. No.: Appropriation Requested: N/A (if budgeted) Citizen Advised: N/A Requested by: League of California Cities Prepared by: Candace Horsley, City Manager Attachments: 1. League of California Cities letter, dated July 18, 1997 Ca~'ace H~3r~ley, Ci~ Manager 4/Can:ASRVote League of Californi.a Cities IIII I~~~~ 1400 K STREET · SACRAMENTO, CA 95814 (916)658-8200 California Cities F Work Together July 18, 1997 RECEIVED CITY' OF UKIAH ,JUL 2 9 1997 CITY CLERK DEPAR'I MENI" To: Re: The Honorable Mayor and City Council Ronald Bates, League President, Mayor Pro Tem, Los Alamitos Designation of Voting Delegate for League Annual Conference This year's League Annual Conference is scheduled for Sunday, October 12 through Tuesday, October 14, 1997 in San Francisco. One very important aspect of the Annual Conference is the annual Business Meeting when the membership takes action on conference resolutions. Annual Conference resolutions guide cities and the League in our efforts to improve the quality, responsiveness and vitality of local government in California. It is important that all cities be represented at the Business Meeting on Tuesday, October 14, at 9:30 a.m. at the Moscone Convention Center. To expedite the conduct of business at this important policy-making meeting, each city council should designate a voting representative and an alternate who will be present at the Business Meeting. League bylaws provide that each city is entitled to one vote in matters affecting municipal or League policy. A voting card will be given to the city official designated by the city council on the enclosed "Voting Delegate Form." If the mayor or a member of the city council is in attendance at the Annual Conference, it is expected that one of these officials will be designated as the voting delegate. However, if the city council will not have a registered delegate at the Annual Conference but will be represented by other city officials, one of these officials should be designated the voting delegate or alternate. Please complete and return the enclosed "Voting Delegate Form" to the Sacramento office of the League at the earliest possible time (no later than Friday, September 26, 1997), so that proper records may be established for the Annual Conference. The voting delegate may pick up the city's voting card at the Annual Conference registration area. The voting procedures to be followed at this Annual.Conference are printed on the reverse side of this memo. Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated. If you have any questions, please call Lorraine Okabe at 916/658-8236. League of California Cities Annual Conference Voting Procedures o o , , o e ° Each member city has a right to cast one vote on matters pertaining to League policy. To cast the city's vote a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. Prior to the Annual Conference, each city should designate a voting delegate and an alternate and remm the Voting Delegate Form to the League for use by the Credentials Committee. The voting delegate or alternate may pick up the city's voting card at the Annual Conference registration area. Free exchange of the voting card between the voting delegate and alternate is Permitted. If neither the voting delegate nor altemate is able to attend the Business Meeting, the voting delegate or alternate may pass the voting card to another official from the same city by appearing in person before a representative of the Credentials Committee to make the exchange. Prior to the Business Meeting, exchanges may be made at the Annual Conference registration area. At the Business Meeting, exchanges may be made at the voting card table located in the front of the meeting room. Exchanges may not be made while a roll call vote is in progress because the Credentials Committee will be conducting the roll call. Qualification of an initiative resolution is judged in part by the validity of signatures. Only the signatures of city officials, who, according to the records of the Credentials Committee, are authorized to use the city's voting card and who have left a sample of their signature on the Credentials Committee register will be approved. In case of dispute, the Credentials Committee will determine the right of a city official to vote at the Business Meeting. G:\policy\acres\voteprox.doc CITY: LEAGUE OF CALIFORNIA CITIES 1997 ANNUAL CONFERENCE VOTING DELEGATE FORM 1. VOTING DELEGATE: (NAME) (TITLE) . VOTING ALTERNATE: (NAME) (TITLE) ATTEST: (NAME) Please Complete and Return To: League of California Cities Attn: Lorraine Okabe 1400 K Street Sacramento, CA 95814 FAX: 916/658-8240 No Later Than Friday. September 26. 1997 Io (TITLE L:\policy~acres\votedel.ltr ITEM NO. 8c. DATE· AUGUST 6, 1997 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF INVESTMENT POLICY REVISIONS One of the responsibilities of the City's Investment Oversight Committee is to review our investment policy on an annual basis as required by law. The City's investment advisor, Public Financial Management, Inc., (P.F.M.) has made several revision recommendations to the Investment Committee as required by ever changing State law. These recommendations were discussed by the Committee and a final draft was completed in June, which is now being brought to the Council for discussion and adoption. Exhibit I attached for Council's review is the July, 1996, adopted Statement of Investment Policy with the recommended changes by P.F.M. underlined. The sections of the Policy that are recommended for deletion are crossed out. These changes will bring the City's policy into compliance with the Government Code and insure a higher degree of safety in our investment decisions. Exhibit 2 is the final draft Statement of Investment Policy for Council adoption as recommended by the Investment Oversight Committee. Nancy Jones, Managing Director of P.F.M., will be available at the Council meeting to summarize the revisions and to answer any of the Council's questions. RECOMMENDED ACTION: City Council adoption of the Revisions to the Statement of Investment Policy for the 1997/98 fiscal year. ALTERNATIVE COUNCIL POLICY OPTIONS: I · Determine additional revisions to Policy are necessary, identify changes, and adopt revised Statement. Appropriation Requested. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A 1. July 1996 Statement of Investment Policy 2. June 1997 Draft Statement of Investment Policy 3. Letter from P.F.M. dated May 7, 1997 APPROVED: ,..~¢,..~ Candace Hor~ley, City I~lanager I. PURPOSE CITY OF UKIAH STATEMENT OF INVESTMENT POI. ICY Avril, 199%...y 1996 The. T_h~OB~ose of this document is to establish an__o_~9_rganize investment policies which wilhgovern the investment activities of the City of Ukiah. Il..SCOPE This investment~rs all the Cit~nds and investments exce t retirement ~and investment activities under the direction of the Ci~ent of bond .proceeds will be further restricted by the provisions of relevant bond documents The investment policies of the Cit_x of Ukiah are based on state la~rudent mone~ ~ractices. All funds will be invested in accordance with this Investment Poli~ applicable California Government Codes, including sections 53601 and 53635, et se~2. I~_. OBJECTIVES . · . . . . . J J l-/ · I%.ILILLI. IIIlLLllt./IL4.1 lllOl-lLtl~,.l~dllO.. The primary_ objectives of the City, in order of priority, shall be 1) Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio. 2) Liquidity: The investment portfolio of the City will remain sufficiently liquid tc enable the City to meet its cash flow requirements - 3) Yield: The investment strategy_ of the ~11 be to earn a reason.able investmen.____._~t return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities which can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions. lily_:. POLICIES , . Public Funds: It is the policy of the City of Ukiah to invest public funds in a manner which will provide the maximum safety and liquidity, while earning an investment return consistent with the objectives and parameters set forth by this policy .......... Prudent Investor Rule: Ukiah operates its investments program under the Prudent Investor Rule which states, '__'Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be · "Th' derived .... Is ~r~,,..,~ ~ OV I~ILI4~~ ......... y ........... ~ ......... Of o . . ° Management Responsibilities: Management responsibility for the investment program is delegated, for a one-year period, subject to annual review and delegation~ resides-to the [Director of Finance/City Treasurer]. The [Director of Finance/City Treasurer] may further delegate day-to-day management of the investment program to a professional external investment advisor. Internal Controls: A system of internal controls shall be established and documented in writing by the Finance Director. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Ukiah. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separating transaction authority from accounting and recordkeeping, avoidance of bearer-form securities, specific limitations regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions. Safekeeping, Custody, and Delivery: The City's investments shall be held in safekeeping, in the name of the City of Ukiah, by a third party custodian. Investment transactions shall be executed and settled using the "delivery_ vs. payment" method. Reporting: The [Director of Finance/City Treasurer] shall present ..... ns. Il '~tULOln~l,'~ Jk.~l I ~Oglll~lll .............. ~ ........ and ...... ~ ~ igh ~ ..... <[~ the hvestment Overs t Co--tree ~and City Council monthly investment repoas, far ....... " - ........... 6 and ......... Required elements of the report will include type of investment, issuer, purchase and maturity date~mf ~ ~,, ~: ......... y~ rating, purchase price~ p~, ~u~ent m~ket value as of the date of the report and the source or this valuation,: and yield to maturity. These repons shall ..... :~ ...... a:~ ~h~, :~,~,,~ · v ......an -vv ................... ~nclude a list of all transactions during the past month. O_.~n a ~ _withi___n. 30 da s f~e?nd of the uarter the ~ ~i/ilfli~/City Treasurer] will deliver to the ~.o~_'e .... ~'v~xtl;-~ v£._%~_~., [the internal auditor,] Investment Oversight Committee and City Council an investment report which will provide data similar to the monthly report; this report will include (i) a statement that tN: portfolio is in compliance with the policy or the manner in which the portfolio is not ir comt~liance and (ii) a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficiem money shall, or may, not be available. Deviations from expectations shall be reported in a timely manner and shall include recommendations for appropriate action to control adverse developments. . . o The Oversight Committee will meet at least every six months in order to conduct a comprehensive review of the investment activities of the City so as to insure that regulations are being adhered to and that strategies are being followed. Conflict of Interest: In accordance with California Government Code sections 1090, et seq. and 87100, et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. All investment personnel shall comply with the reporting requirements of the Political Reform Act, to include the annual filing of Statements of Economic Interest. Return On Investment: The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The Investment Oversight Committee will establish an appropriate benchmark against which the performance of the portfolio will be measured. The - .... - .... t,,..,.., ,., ti-, ...... *la TT K" rT'""'"'o,,--,, 1-,111,.-. ~,,:,1-, .4,-b- I;,-,-,;*~,;~.,,..e. ,-,,-. rln'f';,-,n~i I,n*-e~;,., ,,-~1 1¥1[.11 1101~. IIIII. IT. LgLL%JIiO, L~.O Ug.,i.Liii%..~%.j. JLl%,~l%~lll, *a.~ll%~. I. JLU%.~%,~iiL · ............... s ............... erage ..,.,n ~.c ..n, .... Annual Review of Policy: The Treasurer shall annually render to the City Council and the Investment Oversight Committee a Statement of Investment Policy, Which shall be considered at a public meeting. Any changes in the policy shall also be considered by the City Council at a public meeting. tV. AUTHORIZED INVESTMENTS Generally, investments shall be made in the context of the "prudent investor rule." The City is further governed by applicable the California Government Codes, including sections 53600, 53601 and 53635, et seq. Within the context of these regulations ........... ns, the following ' ' investments are authorized, and further limited herein: (a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by thc: ..City or by a department, board, agency, or authority of the City. (b) U.S. Treasuries: United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for payment of principal and interest ~1~ .... h~h ......... s ..... average (c) California State Obligations: Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency. or authority of the state. - - - (d) Local Agency Oblieations: Bonds, notes, warrants, or other certificates of indebtednes.,: of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a .department, board, agency, or authority of the state rated "AA" or better by a nationally recognized rating service. (e) U.S. ency ations: .,. ; ...................... 6,,. Obligatio '"'""""-', - ~ J.,,~ ns Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; oc in guaranteed portions of Small Business Administration notes; or in obligations participations, or other instruments of, or issued by, a federal agency or a United State:: government-sponsored enterprise. (f) cc, Bankers Acceptances: Bills of exchange or time drafts drawn on and accepted ,[~tl by a commercial bank, otherwise known as bankers acceptances. Purchases of bankers acceptances may not exceed 270 days maturity or 40% of the cc. st value cf thc. portfolio. ........... ; ma;,' o o~ o .... ,..a b) x.,,,,j k~l,-o ..,k;r,h J-J' Z J. lo ~ The City may only purchase Banker's Acceptances issued by domestic or foreign banks, which are eligible for purchase by the Federal Reserve System, the short term paper of which is rated in the highest catego~ by Moody's hvestors Services or by Stand~d & Poor's Co~oration. (g) (h) Commercial Paper: Commercial paper ranked "PI" by Moody's Investor Services or ~A!: .... Al" by Standard and Poor's, and issued by domestic corporations having assets in excess of $500,000,000 and having and "A" or higher rating on its long term debt as provided for by Moody's or Standard and Poor's. Purchases of eligible commercial paper may not exceed 180 days to maturity nor represent more than 10% of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15% of the cost v-~'ae of the portfolio. An additional 15%, or a total of 30% og the cc, st ';al'ac of the portfolio may be invested in commercial paper if the dollar weighted average maturity of the amount invested in commercial paper does not exceed 31 days. Negotiable Certificates: Negotiable certificates of deposit issued by a nationally or state-chartered bank or a state or federal savings institution, or a state-licensed branch of a foreign bank ("Yankee CD"); provided that the senior debt obligations of the issuing institution are rated "AA" or better by Moody's or Standard & Poor's. Purchases of negotiable certificates of deposit may not exceed 30% c,f the cc, st value of the portfolio. Repurchase Agreements: The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement. The maturity of repurchase agreements shall not exceed 365 days. The market value of securities used as collateral for repurchase agreements shall be valued at 102% or greater of the funds borrowed against those securities at all times and shall be ;,l~-:,ll .... lo,~,4 ...... m~gm,-~*:~..~o of !~ '~' ~*~'~'~""'~*~* w*~-,6~:~: ..... ,,,,.~' ~ monitored daily by the investment staff and --~ ~ ~'~ ..... n ,~ e~ ~ .... ~aq~. ~an~ ~e ,h .... ~ .... e ,h~ · ~v ........ agreement, h order to conform with provisions of the Federal Ban~ptcy Code, which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities a~ceptab]e as collateral shall be~:c~*~~**.~o ~.~ ~e~o$Jt~ .............. v~v~, ~,.~ .............~v~ .... *,~-~o, ~, o~ ~ .:*:~,~o *h~*~.~, ~ direct obligations of the United States or any agency of the United States as described in (b) and (e). In addition, the City may enter into Repurchase Agreements only with "primary_ dealers" as designated by the Federal Reserve Bank of New York. All securities underlin~ Repurchase Agreements must be delivered to the City's custodian bank (delivery_ vs. payment) or be handled under a properly executed "tri-party" repurchase agreement. The market value must be recalculated each time there is a substitution of collateral. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement. (j) Reverse Repurchase Agreements: The City may invest in reverse repurchase agreements only with "primary_ dealers" with which the City has entered into a master repurchase agreement contract. The City may invest in reverse repurchase agreements with the following conditions' Reverse repurchase agreements may be used only after prior approval of the City Council. The City may only use reverse repurchase agreements to (1) cover a temporary_ cash shortage, or (2) augment earnings. Reverse repo may not be used to leverage the, portfolio. In addition: If a reverse repurchase agreement is authorized, it may be utilized only if the security to be sold on reverse repurchase agreement has been owned and fully paid for by the City for a minimum of 30 days prior to the sale; the total of all reverse repurchase a~reements on investments owned by the City does not exceed 20% of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of the security using a reverse repurchase agreement and the final maturity date of the same security. The proceeds of the reverse repurchase agreement may not be invested in securities whose maturity exceeds the term of the Reverse Repurchase Agreement ,(k) Medium-Term Notes: The City may invest in medium-term notes issued by corporations organized and operating within the United States, or by depository institutions licensed in the United States or any state and operating within the United States.,: ..__gee'd-fit4es-N°tes- , _- eligible for investment shall be rated "AA-" or better by a nauonany recogmzea raung service.; ...... ,~ ....... ;f~- +~,~ .~``f...-;, .... ~ ~.~; ....;+~ · · ~,~, .................... ~j~ Purchase of medium-term notes may not exceed 30% ' q~ ~ +n .... + "~"'~ of the portfolio No 12l Money. Market Mutual Funds & ,-,,,,,,~,,,~,.~.°"-"n~:"' .,,,,,.t"* .... ~o.' ~,.,-,eh ..... ,~o. Share of beneficial interest issued by diversified management companies "~,~, ~iii,.,,~,lt'~"'f"``' .,~a.,~o:~""~°~ investing in the securities and obligations authorized by (a) through (j) of this policy and which either: LD shall be rated in the highest rating category of least two of the three nationally recognized rating services or (2) have an investment adviser registered with the Securities and Exchange Commission with not less than five years' experience investing in the securities and obligations as authorized by Government Code section 53601 and must have in excess of $500,000,000 in assets under management. The purchase price shall not include commissions and shall not exceed 20%.'~c~.~ ,,~ ,,."c f~,,a~ .... -;,~o,f -,~', -~.,~,,4: the portfolio. (m)Local Agency Investment Fund: The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted under Section 16429.1 of the Government Code. Current maximum is $20 million. ~) Time Deposits: The City may invest in non-negotiable time deposits FDIC insured or .fully collateralized in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. All time deposits must be collateralized in accordance with the California Government Code section 53561, either at 150% by promissor~ notes secured by first mortgages and first trust deeds upon improved residential property in California eligible under section (m) or at 110% by eligible marketable securities listed in subsections (a) through (I) and (n) and (o).in those L/Laail~o l,~aau OCL v XLt.~ c~.Ilx, a ix JLa. al ca-oon. J~.~llJ. t, in. jzl vv iii~.,~zl iix~,.,~,,~ L, IiX~, t~t'n ~ i,,~s ....................... t-,,,oit. Since time deposits are not liquid, no more than 25% of the cost value of the portfolio may be invested in this category. ......"'"' D..+ /'~--',+;,--n,-.l~ ............ .,..,;.1-1.., ,..,~ .... .l- ~0 TT ~J fT~'~Aa~&&"~ll~a'~' or TT ~' ^ ,.,-,~..,,-,,, ,-,i-,I;,-,-.-,+;,-,.,,, · 90t.,99,. ........... j ...... ~, .... j .... ,,5 ............ Tk,. max;.rp, Lh-lt ,.-.,,,t-,-.t,~.-.,,-l;, ........... 11 ..... ,-I ;,, ~ mill;,-,.., ,c ...... 1,,,~ ,c,_,,.. P,-.,ll,-, k,-,,,n-k+ f';+., .',.-,A ~'0 ~ -'-',;11;,-,.', {r.-. ,., .,, ,.,.-,1.,,~, F,',.- D.,t~, i-,,-,.,o,i-,f ,-,., ~,'~1,4 1-,,, +1-,,-. ('%t,~ TI-,,-, ~-,,,.,,,,,;.-.-,+; '~.,.,1.. i.,4.1.1..), '~,.,',....,`..L,·t.L,...,I.. ····· `.&'~.JL. ",,~.,%".,~',..,'9'U...,.',~ · -,11 ,; .......... ~*~ I-,,, ,-, ,,.-,liA ~,.,-,, ,-,,.; ,-,,.; t ..... ,,,.;h, ;.-,, .... t ; ..... ,,-;t;~,-, ,.,,,c +k~, , ..... I-,,-,,,; ..... 1.--,-,+ ,',+ l,~o~. ..... 1 *,-., *ko* ..... ;.-.,.-A ....... 65:, 8...,.,·.,.9,. ;'~.]~,..,. ·9,.,.o.~ ~,,,,-,,;,-,,, ~:,~.~,..) ,c.,.,.. .................... pu~ose o[ .... ;,-, 1,-,,-.ol ..... A~,.-,,-,,,-,;{-,~ TI.,~ ,-.,=, .... ;{4 ...... ;--,,- ,~o ,-,,-,,11,-,~-,~..,-,1 ,-1-,.-,11 1-,,-~ --1.-,.-.,..1 --':', ~::m. ,."v '..'m/', ,4,,~!; ....... 1-,,-,,-,1,- ,-.,.,+,.,, ;,.,+,., +1-, .....t,-,,-1., ....... p Y f ............. l-' ......... O a /'~,'--',",-',-,,~--,-.;ol a"%-~A~, ,-,,. F,~A,~.-.-,1 --~,-,-.,lo+;,-,,,-, o,-,,-,l;,~..-,kl,~ +,-, +h,-, + ..... nF ,",~.,,--;+;~o ,h;,-.h -.-.,., ...... 9·,,·..,.· ,...,,.,,,..,,.., ,.,· .~.,.,,...,,...,·,.,.· ·9~,~·,.,. ....... t-'H'·'-''-','-'·,.' ,-,., ..... jl--,90 ,.,· 09.,9,.,··,·,.,0 V, ' ~,m .... ;+-, ;.-,+,~,-.~ot ;,-. ,---.o,.,+,~,4 U ..... ;+;,-,.o ,~l;r,-;kl,.,, F,~.- ; .... o+,.~-,,.-,,,,+ ,,,-.A,-,,- +1-,; .... ,4.,~,,, u.. t ..... a hv ,',-,: .......,~ ,,.a ;., ...-,,-: by ""*;'"'"'-'~" r ..... ;,-,,,,4 ,..-.+; ...... ; .... ,a k,~,,; .... ,, a ,, ,-,,.-,,-,.`.,~ or .,.,.65::,·.9.., .... '",5 '-'.-'· ,...9 ;,-.,-,,,,-,,,.',-, ,,rio,-.,-.,,..,=,,,,] A,~kt ,~ .-,..,-,.,,;A,,A k,, .-, .',.-,+;,-,.-..-.11 .... ,-.,,-,~.-;.-,~A ..,-,+; (o) Mortgage-Backed and Asset-Backed Securities !nvestmenLs: Any mortgage pass-through security, collateral,zed mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of "AAA" 'AA' or its equivalent er-besae~by a nationally recognized rating service and having an 'A' or higher rating for the issuer's unsecured debt, as provided by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20 percent of the agency's surplus money that may be invested pursuant to this section. VI. INELIGIBLE INVESTMENTS: t ..... ,-.,.-,-,. ,.,,-,,- a .... ;u~a u~.~;. ;--,,,a;.,, k,,,- 1;~;+~A + ...... ~ ~ +~! .... A ]o~g + ......... +~ ~+~nA ....... kih;+~A from ,g~...~ ~:,.~..~ ~.~ ~T,.:~U,~~.~.. o ,~.~e~':~..~..~. The City may only invest in those obligations authorized by this policy. The City shall not invest any funds in inverse ~aters, range notes, or interest only strips that ~e derived from a pool of mo~gages, or in any security that could result in zero interest accrual if held to maturity. However, the City may hold prohibited investments until their maturity dates VII. PORTFOLIO LIMITS AND DIVERSIFICATION Maximum Investment Maturity: Unless otherwise noted within this investment policy, the City may not invest in a security with a maturity that exceeds five years from the date , of purchase. Investments which exceed 5 years in maturity require authority granted by City Council before purchase. Written authority of the City Council must be granted specifically or as part of an investment program no less than three months prior to the date of purchase. Maximum Portfolio Average Maturity: The ~._~get'~ maximum average maturity of the City's investment portfolio shall be 2.5 years to control overall exposure to interest rate risk. ge Diversification: With exception of obligations of the United States Government and it~,: Agencies, no more than 10% of the portfolio may be invested in the securities of any single issuer. CITY OF UKIAH STATEMENT OF INVESTMENT POLICY June, 1997 I. PURPOSE The purpose of this document is to establish and organize investment policies which will govern the investment activities of the City of Ukiah. 11. SCOPE This investment policy covers all the City's surplus funds and investments (except retirement funds) and investment activities under the direction of the City. Investment of bond proceeds will be further restricted by the provisions of relevant bond documents. The investment policies of the City of Ukiah are based on state law and prudent money management practices. All funds will be invested in accordance with this Investment Policy and applicable California Government Codes, including sections 53601 and 53635, et seq. III. OBJECTIVES The primary objectives of the City, in order of priority, shall be: 1) Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio. 2) Liquidity: The investment portfolio of the City will remain sufficiently liquid to enable the City to meet its cash flow requirements. 3) Yield: The investment strategy of the City shall be to earn a reasonable investment return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities which can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions. Nn3UC FINANCIAL MANAGEMENT, INC. Financial and Investment Advisors 505 Montgomery Street, Suite 800 San Francisco, California 94111 415-982-5544 (Fax) 415-982-4513 May 7, 1997 Ms. Candace Horsley City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Dear Candace: Enclosed are two copies of the City's investment policy with PFM's recommended changes incorporated. One copy is blacklined so you can see the changes; the other version has no blacklining so you can read it through without interruption. The changes we recommend are described below. Purpose and Scope: We drafted new language for the purpose and scope of the policy and the City's investment objectives. You will note that we redefined the objective regarding yield to be to obtain a "reasonable return" rather than to "maximize" yield. Management Responsibilities: You will see that we have typed in [Director of Finance/City Treasurer] in several places. We recommend that you or the Oversight Committee designate either the Treasurer or the Finance Director as the person responsible for the investment program (preparation of reports in compliance with the California Government Codes, reconciliation of custody statements to portfolio statements, etc.) Safekeeping, Custody, and Delivery_: We recommend adding this new section on the safekeeping of securities. Reporting: We recommend changes to bring the reporting requirements into compliance with the California Government Codes. Since the City's 1996 policy requires monthly reports, we did not want to change the frequency of reporting to the Council. But since the California Government Code requires certain information be reported quarterly, by the 30th day following the end of the quarter, we recommend providing an expanded report on a quarterly basis. Authorized Investments: You will see a number of changes in this section. Changes are made either to bring the City's policy into compliance with the Atlanta Austin Boston Dallas Fort Myers Harrisburg Memphis Minneapolis Newport Beach Orlando Philadelphia Pittsburgh San Francisco Government Codes or to ensure a higher degree of safety than is required by the Code. Our recommendations include the following: Allow investment in any Federal Agency or U.S. Government sponsored enterprise as allowed by code. All Federal Agencies are "AAA" rated and carry minimal credit risk. This additional flexibility would allow for higher yields without adversely affecting credit quality. Consider permitting high-grade, taxable California municipal securities (state, local agency, or Ukiah's own) as a permitted investment. High grade municipals, many of which are further insured by "AAA" rated insurance companies, typically offer higher yields than similar quality and maturity corporate securities, but have somewhat less liquidity. · Clarify the credit requirements for bankers' acceptances and negotiable certificates of deposits. Slightly loosen (from Al+ to Al) the credit requirements on commercial paper to provide greater opportunities to capture attractive yield through the use of this security. Revise policies governing the use of repurchase agreements and reverse repurchase agreements to comply with the Code and to ensure the safety of principal. · Clarify collateral requirements for time deposits to ensure the preservation of principal. · Eliminate the security types not permitted by California Government Codes. Increase the percentage allowable in medium-term notes up to code limits, but tighten credit parameters to "AA-" or better. The minimal relative spread of "A" rated issues over "AA" rated issues does not justify the additional credit risk. In addition, should an issuer get downgraded, a downgrade from "A" to "BBB" would have significantly greater impact on value than a drop from "AA" to "A". · Eliminate Section N. Notes, Bonds, or Other Obligations because these are securities which are secured by other securities permitted by the Code. Limit mortgage-backed or asset-backed securities to those rated "AAA." Issues rated below "AAA" are significantly less liquid and not worth the additional credit risk. Ineligible Investments: We believe it is important to limit the list of authorized investments to the investments specified in the policy. Also, the Code specifically prohibits certain investment structures so the policy needs to conform to the Code in this area. Average Maturity and Diversification: We added these section to ensure portfolio diversification and liquidity. We strongly believe that such limits are necessary to control exposure to interest rate risk and to limit overconcentration in any single issuer. I would welcome the opportunity to discuss these changes with you, Gordon, and Allen. Following that conversation I can finalize a recommended policy for review by the Oversight Committee. NBJ/pjr Cordially, Nancy B. Jonest~ Managing Director Enclosures