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2003-02-19 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 19, 2003 6:30 p.m. RESUME Smith 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a Northern California Power Authority (NCPA) Video - Councilmember Smith M/RC(5-0) M/RC(5-o) 4. APPROVAL OF MINUTES a. Regular Meeting of January 15, 2003 b. Regular Meeting of February 5, 2003 MayOr Read 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Mayor Read 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC (5-0) al~l~rovinq items a throuq_ h g of the Consent Calendar: a. Approval of Disbursements for Month of January 2003 b. Award of Bid for 3/4 Ton Truck with Utility Body to Hoblit-Haynes-Jamison Fleet Group For the Sum of $20,472.38 Res.2003-25 c. Adoption of Resolution Removing On-Street Parking and Establishing Bus Loading Zones at Two Locations on South Dora Street Res.2003-26 d. Adoption of Resolution Removing 40 Lineal Feet of On-Street Parking Along Mendocino Drive Adjacent to Yokayo School e. Authorize Execution of Amendment No. 6 to the Agreement With EBA Engineering in an Amount Not to Exceed $2,514 for Preparation of a Work Plan to Further Define the Vertical and Horizontal Extent of Contamination at the Corporation Yard and Approve Budget Amendment in the Amount of $2,514 f. Approval of Agreements with Mendocino County and Superior Court of California to Provide Employee, Grand Juror, and Juror Parking g. Rejection of Claim for Damages Received from Charlene Ayala and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund Mayor Read 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. UNFINISHED BUSINESS a. Approval of General Plan Housing Element Update Committee b. Consideration and Possible Action Regarding Revisions to Procedures of Conduct Policy M/Rc (5-0)apl~r°vin-q su~$t~d re~i~i~hs t° pr0cedur~ ~f C6~dd~t M amhb~ized 9. NEW BUSINESS a. Approval of Contract with PAS & Associates for Preparation of A Revised General Plan Housing Element lan .tasks b. Approval of Settlement Agreement in Shoemaker v. Ukiah :M/RC (5-0)-aPl~roVin,q settlement.~Agreement_ -_, in Sh~meke~:V;:: h .~...:' :: c. Approval of Engagement of Legal Services Letter with Meyers, Nave Law Firm M/RC (5-0) approving engagement of .Legal serVices LetterwithMeyers' Nave iLawFirrn d. Discussion of Inland Water and Power Commission's Role Discussed and Inland e. Discussion and Possible Adoption of Resolution Opposing War Against Iraq- Councilmember Andersen M/RC (4-1) adopting ReS°lUti°n 2003'27 '°pposing preemptive mi'lita~ acti°n~againstlraq 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 12. CLOSED SESSION a. G.C. §54956.9(a)- Conference with Leqal Counsel- Existing Litigation, Name of Case: Shoemaker v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVG 00-83789 9:40 p.m. 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE February 19 2003 8:00 P.M.* 1. ROLL CALL Read 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. Read 3. APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. APPROVAL OF MINUTES M/RC(5'0) a. Regular Meeting of January 15, 2003 5. NEW BUSINESS a. Consideration of Disposition of Property-Assessor's Parcel No. 002-224-16 M/RC (5'0) to continue matter to March 5'2003 meeting ~ b. Consideration of Encumbrance of Funds for the Purpose of Establishing a Low and Moderate Income Housing Rehabilitation Program M/RC (5-0)apprOVing~encumbrance of $369'~ of LOW and MOderate Income Housing fUnds for the ~tabliSh~ent of a Hbusing R~habilitation Program 1 COMMISSIONERS REPORTS EXECUTIVE DIRECTOR REPORTS CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 002-224-16 Owner: Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions 10:10 p.m. 9. ADJOURNMENT TO MARCH 5, 2003 AT *8:00 P.M. *Or as soon as the meeting may be held in conjunction with the City Council meeting. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 February 19, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a Northern California Power Authority (NCPA) Video- Councilmember Smith 4. APPROVAL OF MINUTES a. Regular Meeting of January 15, 2003 b. Regular Meeting of February 5, 2003 ! RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of January 2003 b. Award of Bid for 3/4 Ton Truck with Utility Body to Hoblit-Haynes-Jamison Fleet Group For the Sum of $20,472.38 c. Adoption of Resolution Removing On-Street Parking and Establishing Bus Loading Zones at Two Locations on South Dora Street d. Adoption of Resolution Removing 40 Lineal Feet of On-Street Parking Along Mendocino Drive Adjacent to Yokayo School e. Authorize Execution of Amendment No. 6 to the Agreement With EBA Engineering in an Amount Not to Exceed $2,514 for Preparation of a Work Plan to Further Define the Vertical and Horizontal Extent of Contamination at the Corporation Yard and Approve Budget Amendment in the Amount of $2,514 f. Approval of Agreements with Mendocino County and Superior Court of California to Provide Employee, Grand Juror, and Juror Parking g. Rejection of Claim for Damages Received from Charlene Ayala and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. am UNFINISHED BUSINESS a. Approval of General Plan Housing Element Update Committee b. Consideration and Possible Action Regarding Revisions to Procedures of Conduct Policy gl NEW BUSINESS a. Approval of Contract with PAS & Associates for Preparation of A Revised General Plan Housing Element b. Approval of Settlement Agreement in Shoemaker v. Ukiah c. Approval of Engagement of Legal Services Letter with Meyers, Nave Law Firm d. Discussion of Inland Water and Power Commission's Role e. Discussion and Possible Adoption of Resolution Opposing War Against Iraq- Councilmember Andersen 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 12. CLOSED SESSION a. G.C. §54956.9(a)- Conference with Legal Counsel- Existing Liti_qation, Name of Case: Shoemaker v. City of Ukiah, Mendocino County Superior Court Case No. SCUK-CVG 00-83789 13. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO: MEETING DATE: 3a February 19, 2003 AGENDA SUNMARY REPORT SUB3ECT: NCPA VIDEO PRESENTATION - COUNCILI~IENIBER St41TH Councilmember Smith has requested that the Council view a brief video from NCPA, titled "We Bring Power to People." RECOMMENDED ACTION: View video and discuss. ALTERNATIVE COUNCIL POLICY OPTzONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Smith Candace Horsley, City IVlanager N/A None Approved: '~~""~"~"~ Ca-"~dace Horsley, Ci~Nanager 4:CAN/ASR. NCPAVideo.21903 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JANUARY 15, 2003 The Ukiah City Council met at a Regular Meeting on January 15, 2003, ti which had been legally noticed and posted, at 6:30 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin Staff present: Public Utilities Director Barnes, Finance Director Manager Fierro, Risk Manager/Budget Officer Harris, City Mar Attorney Rapport, Deputy Public Works Director Seanor, P Work Planning Director Stump, and City Clerk Ulvila. Ilowing In. Ste, Mayor Larson expressed condolences to the famil' the City of Willits, who recently had a fatal heart City of Willits and Mendocino County for his private citizen. Mr. wor Logan, City Manager ~n will be missed by overnment and as a 2. PLEDGE OF ALLEGIANCE Ana Araiza led the Pledge of Allegiance. 3. PROCLAMATION 3a. Proclamation: Martin L~ Mayor Larson read a being held on January 19 and 20, the scheduled activities and pro! of this outstanding human being. ~n su[ and Martin ther King Day Event to actively participate in ~nd significant contributions Ana Araiza Comm ation program behalf of the Martin Luther King Observance 3. PI Marvin Marvin TrottE Recreation Center Fundraising Efforts- 'ted that with the help of Senator Chesbro's office, they might be in funding in February through the School District. Their y $375,000 of the $500,000 goal for the Angel The' has a $4.5 million goal. One million dollars of these funds ~unty of Mendocino Tobacco Funds and $1 million from the ,pment Block Grant (CDBG). They asked for $500,000 from and it is hoped it will also be funded. It is hoped that $1 million will be unity funds, $500,000 from the 100 Angel Program and $500,00 of room M, I expressed their appreciation for Dr. Trotter's efforts. Larson announced that item 9a has been postponed. Regular City Council Meeting January 15, 2003 Page 1 of 16 4. APPROVAL OF MINUTES 4a. Regular Meeting of December 18, 2002 Councilmember Smith recommended a correction to page 6, second paragraph, to read "M/S Baldwin/Smith selecting Councilmember Am participate on the General Plan Housing Element Update Committee..." ast Councilmember Andersen recommended a correction to page 2, read "M/S Andersen/Baldwin nominating Judy Pruden to fill the unE of Eric Larson ..." to term M/S Smith/Rodin approving the Regular Meeting Minutes amended, carried by the following roll call vote: Andersen, Smith, Baldwin, and Mayor Larson. NO ABSENT: None. 8, 2002, rncilm~ 9rs Rodin ABSTAIN: None. 5. RIGHT TO APPEAL Mayor Larson read the appeal process. 6. CONSENT CALENDAR City Clerk Ulvila advised of a typographical error on item $5,546 rather than $5,548. ~t should read Councilmember Andersen for 2000 STIP Arterial pulled from the Consent Calendar Approval of Completion 3n No. 02-15, be Mayor Larson advised that item 6g k on the agenda. Ana Araiza, meeting's had requested an item be included on this M~ g the matter to Council's attention under ~ms" on the agenda. M/S Smith/A~ ~n approving items a through f and h through i of the Consent on; s for Month of December 2002; Approving City of Ukiah Qualified Contractors List for for Damages Received from Matt and Michelle Smith and Randy and Referred to Joint Powers Authority, Redwood Empire Municipal for High Voltage Line Clearing and Tree Trimming at Various Locations City of Ukiah to Davey Tree Surgery Company in an Amount Not to d $30,000; Bid for Sodium Hydroxide to UNIVAR USA for the Sum of $341.41 Per Dry Regular City Council Meeting January 15, 2003 Page 2 of 16 f. Awarded Bid for Sodium Hypochlorite to Pioneer Americas, Inc. for the Sum of $.569 Per Gallon; h. Received Report of the Acquisition of Emergency Traffic Signal Repair Servic From Republic Electric in the Amount of $5,546; i. Adopted Ordinance 1043 Placing a Limitation on New Connections to Ukiah Sewer System Motion carried by the following roll call vote: AYES: Counci Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Ana Araiza, Ukiah, discussed the "Take Back The Ni¢ that will be held on January 17th in front of the requesting that the Mayor attend the event confirmation that the Mayor would be able to They are Gabriela Burleson, drew attention to a Avenue area and asked that a basketball court teenagers. She also requested a copy of the park plan. led Drive/Orchard in the park for the Jan Moore, 1021 W. Perkins. e: citizens who are concerned wit of the Patriot Act. She their intention to not be residents. They would like meeting. of Ukiah ~ce the passage a resolution stating itutional rights of their ~n at their March 19th Mary Lindley, town asked regardir U~ her pr~iViously stated idea of holding a meetings "are" town hall meetings. She at their next or following meeting next election concerning the election be elected by the voters and that the :ilmembers. Mayor sd of the City Attorney if the Public Hearing portion of the meeting at any time after 6:30 p.m. Rapp~ that the Public Hearings can be scheduled at any jly. polled Council and it was the consensus to schedule both matters for ,eir next meeting. IEARING Filed by Rainbow Construction, Inc. Concerning the Planning Decision of Variance 02-49 Smith declared a conflict of interest based on a campaign contribution ani recused himself from the Public Hearing concerning this matter. Regular City Council Meeting January 15, 2003 Page 3 of 16 Planning Director Stump advised that this matter concerns an appeal of a Planning Commission decision to deny a Sign Variance to Rainbow Construction. Th~ ~'s Municipal Code does not allow corporate flags/signs to be placed on top does allow the applicant to seek relief from that Code provision by filing fo The Planning Commission has denied the Rainbow Construction's applicant has appealed that decision to the City Council. He drew at1 section of the Staff Report outlining options available to the City Council. that a revised Sign Ordinance would be ready for Council's review Councilmember Andersen stated that it is not clear from #3 would work and asked staff to explain. He inquired a,, legally allow the signs to remain standing until the reviewed and adopted by the City Council. Director Stump explained that since the draft Council could wait and see what happens. review of the Si,qn Ordinance by the Planning this spring. He did not know what the Sign Ordinance regulations may not change or there very weft mai/be Staff Report. Staff is to display artful signage or art,, Commission. It is unknown application. review, would be a public to the City Council by at that point. The in the Ordinance ~m the Planning it could affect thi~ Councilmember Andersen in~ He felt it is pretty clear that it's ille~ the flaqs can stand in the about the could legally allow it. cil could legally say that cide what we are going to do City Afl conc( and long as it's Variance A Rapport that it's not City been a on that Staff es an agenda item under New Business I'.s preference, nforcing the Sign Ordinance between now discretion to enforce it or not enforce it as He advised that all Council could do on this on the Appeal or not act on it; you can't make generalized The City always has prosecutorial discretion and isn't obligated Code Every instance that it's awaro has the discretion to enforce it or not enforce it as long basis. Staff suqgested alternatives that Council might consider. between no to enforce now and could not going to enforce the prohibition on rooftop si. gns when the Ordinance is revised. You could say that you're not going on corporate flaqs where there is a Variance pending between the Sign Ordinance is amended, and just suspend enforcement for a of time, based on some criteria that would be applied generally. It on one person. Andersen inquired if there are some parts of the Code that are not Regular City Council Meeting January 15, 2003 Page 4 of 16 Public Hearing Opened: 7:18 p.m. Peter Richardson, owner of Rainbow Construction, addressed Council conc appeal and advised that this matter could go to court. He felt that, issue is not about corporate flags on his building but how we community and is a balance between public interest and characterized the flags as creating a sense of "whimsy" in the expressed an interest in the Planning Commission having decision making process. The City should encourage creativity in si tabling the matter until after the current Sign Ordinance is ed. H be willing to meet half way on the matter so as not to )re cor He and ;ir Upon questioning by Councilmember would be agreeable to Option #3, which would after the current Sign Ordinance has been Richardson advised that a d~ on his appeal Jim Mastin and Myron Sawicky spoke in support rooftop of Rainbow Construction and felt they are revisions to the current Sign Ordinance and that the discretion. the flags/banners on the Each discussed needed vested with Public Hearing Closed: 7:4~ Councilmember Rodin inquired the Appeal of the Variance at this Council wants to enforce violations, has to make a finding on )arate from whether or not issues. City it has the Plannm; that th~ similar situ just do that the and ncil could vote to continue this hearing since before Council is the Appeal of the are to uphold, reverse, or modify le New Business section of the Agenda, how they want to instruct staff to deal with interest were to continue the matter, they would on the Appeal at this time. In that way, Council would not have of findings at this time. He continued to discuss Variance Zoning Ordinance regulations. about elsewhere. favor of the Mr. Rich, An~ advised that he spoke to many people in the community been an issue publicly debated in the newspaper and it's a real problem that we have public opinion that is clearly in we have a Sign Ordinance which prohibits them. He agreed with comments that it's not the flags that are the problem; it's the Sign was his ' ' that the Siqn Ordinance is outdated, antiquated, and He expressed concern with the enforcement issue because there is in the community that need to be addressed. He explained that the where people were able to illegally grade on the hillside but there was no for that. He stated that aesthetics are really the issue here and in his opinion, Regular City Council Meeting January 15, 2003 Page 5 of 16 we have to find a way to come up with a Siqn Code that allows creative expression through signs. A big issue in the Sign Code that he hasn't seen a lot about in the revision is murals. He thought that Council should approve Option #3, #2, or Council could decide not to take action at this time and secure and from the property owner to suspend processing of the A the new Siqn Ordinance is adopted. and table Councilmember Baldwin drew attention to the term "state flag" Ordinance and felt it should be eliminated and the term "cor place. He felt that Rainbow Construction's flags display a represent corporate advertising and should be removed debated. The flags also rotate, and that is prohibited He would be supportive of a tabling motion if the the issues continue to be discussed. It was his longest case of civil disobedience in the City's hi~, and the City Council should uphold the and thei le the is be Ordinance in the interim and that this matter may be defiance of the )n. As a response to questioning from Councilm~ explained that if Council didn't deny the Variance, it WOL give more legitimacy for not taking enforcement action. agreement with Mr. Richardson' initiate enforcement action unti reason why Council couldn" aspects of the Sign would respect that decision. '"' if he applied for th; final action on the and still ce has ...... City Attorney Rapport the question open and gentleman's would not There is no not to enforce ~n revised. City Staff As a response to questioning from that City Staff att. Io make every series of wart staff file has filed ved injunctie and the inance past, but it , ~y Rapport explained to gain vo ~ntary compliance that involves a action in court to enforce. In the past, staff violations of the Zoning Ordinance been as a last resort. concerning with the curre~ urn the iregard to each Councilmember's viewpoints the aesthetics of the flags, compliance Permit, and whether Council could make all three findings to decision to deny the Appeal. M/S appeal findings. in/Rodin Rainb~ 3g the Planning Commission's decision and denying the ~nstruction, Inc., based on an inability to make the required Discussion how to enf ~tinued with regard to whether or not Council could make the findings, the violation, the granting of special privilege, the unwillingness of the concessions, and whether the matter should be tabled until the Ordinance is revised. Regular City Council Meeting January 15, 2003 Page 6 of 16 Councilmember Andersen stated that he did not see how Council could deny a Variance and not enforce it, and that it would not be a granting of special privilege to this particular applicant. City Attorney Rapport explained that if the City Council denies the Richardson has the right to file an action in court to challenge the 'deci= would review that decision to determine whether the findings are evidence and whether the findings support the conclusions, or if th~ law committed. by the of M/S Baldwin/Rodin clarifying that the motion is to su decision and deny the appeal filed by Rainbow Con Planning Commission's findings; carried by the Councilmembers Rodin, Baldwin, and Mayor Andersen. ABSTAIN: None. ABSENT: Coun~ NOES: AYES: 8:32 p.m.: Councilmember Smith returned to 9. UNFINISHED BUSINESS 9a. Presentation by Ross Mayfield and Possible Action Diversion Project Request This item has been postponed River Mayor Larson advised th~ Enforcement Policy, be taken next g Sign Violation 10. NEW BUSINESS 10d. Di= Planning Di Council staff wo~ acti( at Enforcement Policy was the intent of this agenda item that if 3n's Appeal for a Variance, the ordinance. Based on the Council's ~ere would be a need to address that issue 8:34 p.m.: Co; ember Smith left meeting due to conflict of interest. to whether Council should take further action to pursue Ihe current Sign Ordinance as it relates to the matter 's flags. There was also debate as to whether to =e Sign Ordinance until the current Sign Ordinance is revised. whether to take action concerning a sign enforcement policy. Rapport explained that Council could decide to temporarily suspend certain provisions of the current Sign Ordinance since the City is in the g it and there may be significant changes in the Ordinance. He the City Council could determine what the scope is of the circumstances instruct staff not to enforce the current Sign Ordinance as to violations that Regular City Council Meeting January 15, 2003 Page 7 of 16 already exist and to continue to enforce to violations that may come into existence after today. M/S Rodin/Larson suspending enforcement of the existing Sign Ordinance existing rooftop signs until a new Sign Ordinance is adopted. Tim Pletcher, Ukiah, voiced strong support of enforcement of Ordinance. Sign Discussion continued among Council and staff regarding has recently addressed among businesses in the City ...... Motion failed by the following roll call vote: Larson. NOES: Councilmember Rodin, Andersen, and STAIN: None. AB~ Councilmember Smith. 8:50 p.m.: Councilmember Smith returned 8:50 p.m.: Recessed 9:00 p.m.: Reconvened 10. NEW BUSINESS 10a. Assignment of Mayor Larson advised appointments to various commiE, Council. ;rs to Variou ~nges .= Councilmembers' were distributed to James Mulher, g Imember Rodin, to t they wo~ Chamber of Commerce, be appointed, rather than Councilmember Councilmember Rodin. Ma~ ~on discu: why he ~mended Councilmember Rodin to that M/S Smith ,intments to to approve Mayor Larson's recommendations for Councilmember us committees. Motion carried by unanimous consensus of .. 10. 10b. Ad~ Re Assistant ceived stl of Accepting "City of Ukiah Economic Development Strateqy" and Directing City ManaGer to Transmit Report to the of Housing and Community Development Manager Fierro advised that in early 2001 the City applied for and bs Housing Balance Program Grant from the Department of Housing and Development in the amount of $100,000. The grant was executed on 2001 and is intended to fund the preparation of an economic development lic plan and business targeting and outreach. Applied Development Economics was retained by the City and was able to prepare the strategic plan. Acceptance Regular City Council Meeting January 15, 2003 Page 8 of 16 of the report enables the City to utilize approximately $75,000 in funds for business targeting and outreach. Wes Ervin of ADE advised that the purpose of the $100,000 grant is to imbalances and trends, create appropriate jobs, organize for job creation created via other programs. He reviewed the required components work, their community assessment and elements of the assessment, base and target industries, employment opportunities, targeted office users, and the strengths and weaknesses of Ukiah. With Development Strategy, he proposed that Ukiah should activel businesses and provide an incentive plan. Other things to ider a retail establishments, revitalize the downtown area, grants for economic development in the community. plan is to be implemented by September 30 20 recruiting industrial type businesses and $33,0~ businesses in the community. and lic $85,000 of the Discussion followed and inquiries were made of Mr. report. There was also discussion related to using the are related to recruitment, such as infrastructure improvem he would research the matter. prospective businesses and ha: by City Manager Horsley successful recruitment City's web site. to the findings in the for other purposes that advised that to meet with ;s. It was noted ind time to provide be posted on the James Mulheren, Ukiah, ex report and that h~ have in, 3f the charts provided in the sly since the year 2000. MIS "City Man~ Dew · Andersen, ABSENT: No~ reporl h transmit report to · Resolution 2003-22 accepting the and Strategy" and directing the City of Housing and Community call vote: AYES: Councilmembers Rodin, Larson. NOES: None. ABSTAIN: None. ~BUSINES 10c. ,rt to Cou Deputy P~ jurisdiction (NPDES). and a National Pollutant Discharge Elimination lase II ~irector Seanor advised that the City of Ukiah falls under the II rules of the National Pollutant Discharge Elimination System er Phase II rules, the City would be required to submit a Notice of Intent management plan, including best management practices and oals to comply with the General Permit for NPDES Phase I1. He six minimum control measures, public education and outreach, public and participation, illicit discharge detection and elimination (dumping into construction site storm water runoff control, post-construction storm water Regular City Council Meeting January 15, 2003 Page 9 of 16 management, and pollution prevention and good housekeeping for municipal operations. Councilmember Andersen expressed his concern that there is a p~pe flowinq down the hillside onto Standley Street and into a storm drain. with sedimentation building up in the storm drain. Deputy Director Seanor explained it is his understandinq that th, runoff that had quite a bit of sediment carried with it and that the to implement some measures to get that cleared up. He explained drain system is entirely separate from the sanita~_ sewer so directly into the creeks and on to the rivers. He went on that Water Manaqement Plan, staff would be the locations of all inlets, where the pipes drain and Considerable discussion pursued regarding de construction sites, erosion control on hill arranging times for sweeping when cars are not ;cting ;ome the that shows discharge to. drains, runoff from operations and of residences. It was the unanimous consensus of Council to receive tht 10k. g. Approved Notice of Rehabilitation Prl Councilmember Anderse~ his concerns and is supportive of for 2000 STIP Arte No. 02-15 Ilector from staff regarding M/S Smith/Andersen accepting Rehabilitation ;pecification AYES: Coun< ~odin, None. AB: ,BSENT: N, )mpletio! 2000 STIP Arterial/Collector !-15; by the following roll call vote: ~, Baldwin, and Mayor Larson. NOES: 10. BUSINES: i · Pro City Manager deficit, that the serv~ techn~ pilots and agreed to been very $ his office State Budget Deficit and Base ey advised that as part of the proposed reductions for the State ia Department of Forestry (CDF) has recommended to the base in Ukiah be closed. CDF has said that they can Santa Re and Humboldt County. They claim that their improved ill allow i's service to be uncompromised. However, CDF tanker ~r staff ;agree. She spoke with the Fire Chief's Association and they a letter to the Governor and Senator Chesbro. Senator Chesbro has of Ukiah's efforts to retain the CDF Air Attack base in Ukiah and stant, Jennifer Puser, keeps her informed of any changes. Senator that letters be sent to the Governor and a copy be sent to him. Ms. .Iso let us know that the Air Attack base item will probably be pulled off of the 's immediate cut proposal and dealt with at a later time. Regular City Council Meeting January 15, 2003 Page 10 of 16 Of special significance has been the involvement of Mike Sweeney who has spent many hours retrieving information on the various costs of the CDF operation to compare their claim of potential savings against the actual costs. The latest update from Mr. Si .ey estimates $172,000 verses the CDF letter's reference of $405,000 per year a~ in line with the actual costs. She received yesterday to send a letter to the Governor opposing the closure :1 a second letter to Andrea Tuttle, Director of CDF, requestin! Mendocino County for a public meeting to allow CDF to explain to believes the closure of Ukiah Air Attack base would receive information from the public about this issue. City Council be sent to the Governor and Sen~ appreciation to Senator Chesbro and Jennifer Pu~ of the City's efforts in this endeavor. The Cou~ figures related to savings and Council's ideas conteni information that the Mendocino County Board of voted sent she to wh, m~ and to ~ a from tht also a letter of participation and suppo would include he letter Mike Sweeney expressed a debt of gratitude to City alarm on this issue and recognized how difficult a fight Press Democrat finally received a perspective cost $391,000 that appeared in tod; Chico and Santa Rosa. He information he has points to from Ukiah, not counting Board of Supervisors' invitation is the issue, not only with CDF, but al urged the City Council to second the He discussed how CDF got lose )n~ Supervi~ y who sounded the would become. The. Irom CDF of ;e times from when all of the g the tankers sts. He felt that the in terms of pushing and the legislators. He invitation in their letter. Councilmem concurre~ Council's I~ should be con1 :ional com specific expeJ Elizabeth call to action th Mr. Sweeney's comments and felt that the Board of Supervisors' letter and that the City of Ukiah would of Commerce's Executive Board would do a membership regarding this matter. Discussi concerns the westerr immediate ~d his support to retain the CDF Air Attack Base in Ukiah. Ilowed to staff composing a letter on behalf of the City Council's Other topics of discussion included the potential for fire on s and the importance of having the air tankers available in Ukiah for an onse and not leaving Ukiah vulnerable. was th~ animous consensus of Council to approve sending a letter concerning Davis. Ci anager Horsley discussed the State budget deficit and how it would affect the There is a good possibility that the City would lose a lot of transportation funding. Regular City Council Meeting January 15, 2003 Page 11 of 16 Other concerns include the Vehicle License Fee. The City receives about $865,000, which is 10% of the City's entire General Fund revenues. Some legislators don't want to have the one-cent sales tax that the Governor is proposing because they feel uld hurt the economy and businesses even more. Redevelopment schools. The City can probably expect not to receive booking fee (about $65,000 per year), the COPS grant allocations (over $100,000 Local Law Enforcement Block Grants. The City has had a 50%-1 in fees for various permits and new permits. These events will most likely affect the City from $300,000 to over year. She has put on hold the recruitment for five they are going to do about this financial situation. workshops and asking Council for direction. accomplishments in the last seven years to get She discussed current personnel in various dep be placed on hold until State budget cuts recommendations to Council concerning Staff rmined. :il the g pre-bud~ City's financial he $1 million deficit situatior an~ ow some projects m~ will provide some cuts, however, the City might need to cut its programs. She reported are proposals from some of the legislators to increase the Vehicle License Fee at the backfill will not be taken from cities but we will have to wait to see what in the upcoming budget, staff will ,rward under the assum City will not receive these funds. More develop by the ti City's budget is considered. Discussion followed related to the was noted that the League of C~ noted that the City has taken a very it will affect the City. It information to cities. Staff to the City's budget. 10. NEW 10f. A Plannir Gene th, St~ Housing Plan Ho~ that th Update C Committee recently directed Staff to form a ~ittee and he provided Council with a list of interest in serving on this Committee. Discussion the commil of young;:~ to the composition of the committee and it was felt by some ~hould be expanded to include at least two representatives or senior citizens and people who are renters. M/S include oliciting additional people to serve on the committee to or senior citizens and renters. Discussion for this cz as to what would be the most effective means to solicit candidates such as a press release to the media and newspaper. ~nded there be a representative from the Latino community. M carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, , Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting January 15, 2003 Page 12 of 16 10. NEW BUSINESS 10g. Approval of 2002/03 Mid-Year Budget Amendment Risk Manager/Budget Officer Harris advised that the Mid Year Budget Ame the opportunity to address issues with financial implications that have cc the budget was adopted or are anticipated to arise throughout the re fiscal year. Each proposal is discussed in the Staff Report to Council. A brief discussion followed relative to costs and change orders new Civic Center addition. M/S Smith/Rodin approving Mid Year Amendment specified in the 2002/03 Mid Year Budget Amen~ carried by the following roll call vote: AYES: Counc Baldwin, and Mayor Larson. NOES: None. ABS' of Transactions; ~bers Rodin, Andersen, Non~ ~BSENT: None. 10. NEW BUSINESS 10h. Award of Three-Year Bid for Printin¢ Assistant City Manager Fierro advised that this it{ August 21, 2002 and was deferred due to issues raise~ Libby. Currently, $6,000 is bu~ g for this publication in has been expended to date. Ier to SDN Inc .~d to Council on 9mber Ir and $2,387 Discussion followed regardi to have articles that would encoL provide information concerning n newsletter for Council to review. an( 9re were suggestions Council meetings and compiling a draft M/S Baldwin three- for printin 9r; Councih Rodin ~dersen, Smith AB~ AB~ None. ontract totaling $4,774 per year to SDN Inc. the following roll call vote: AYES: win, and Mayor Larson. NOES: None. 10. 10i. Consil Robert Com on issu6 agreeing o face in unique to and comm, st · of Request to Participate in Pre-Application Process to thc Foundation for an Active Living by Design Grant F that there was a meeting today of the Active Living both ;uzanne Pletcher focused on getting input from the group addressed in the narrative for the proposal, which included .r the partnership, identifying the partners, challenges they may an Active Living by Design program, and special opportunities that are rea. She will provide a draft timeline to the committee by January 22nd should be received by January 27th. The proposal is due on January n followed with regard to support of the program. The amount of staff time to the program was discussed. Regular City Council Meeting January 15, 2003 Page 13 of 16 Councilmember Rodin also reported that the Committee agreed that the geographical area would extend south to Hopland and north to Redwood Valley so ultimately their plan could include those areas, however, the partnership may decide to or prioritize its projects within the Ukiah Valley area or the City limits. Those an be decided at a later time. Councilmember Larson noted the absence of senior citizens' input. Councilmember Rodin explained that she has discussed the m'i Center director and they are interested in the program. 'or M/S Smith/Baldwin approving participation by the City process to the Robert Wood Johnson Foundation for carried by unanimous voice vote of Council. 10. NEW BUSINESS 10j. Award of Bid to Data Trends for D~ Assistant City Manager Fierro advised that the directed staff to explore the cost to design a commun used to determine what issues Ukiahans feel are importar the quality of life in Ukiah:1 ide the City Council witi potential policy issues in the content. Of the three fin with a bid of $600 to draft a,~ is only for the d, RFP, only n the by Design grant; budgeted funds and The survey would be in ler to improve ament of the survey, not ds responded Further information concerning current clients.In general, Counc providing . Cor demograph y re was such as previous or felt urvey could be beneficial in was expressed that the survey should be M/S Data a contract for $600 to draft a survey Councilm~ devoted to Io{ implications. of a good portion of the survey being B Imember survey rised that he would be happy to work on a subcommittee Manager Horsley, and Assistant City Manager Fierro Smith concurred with Councilmember Baldwin's recommendation. by the following roll call vote: AYES: Councilmembers Rodin, Andersen, r~, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. ICIL REPORTS Regular City Council Meeting January 15, 2003 Page 14 of 16 Councilmember Andersen reported that he attended the firefighters dinner on January 11th and did a ride along with the Fire Department earlier in the week. He also attended an Active Living by Design meeting. Councilmember Smith reported that he plans to attend the NCPA workshop scheduled for January 21-23, 2003 in preparation for their Washington, D.C. Councilmember Andersen advised that he would not be able workshop next week in Sacramento with Councilmember Smith. Councilmember Smith explained that NCPA would attend their workshop. He plans to attend the Wash April 8-10, 2003. The Main Street Board by Design Grant and at their Board meeting they involvement in this project. Their annual community awards is scheduled for April 3, committees and developed objectives/work plans fo~ the First Night for New Years Eve activities and They cited issues involving lack of publicity, advertising, Santa Rosa also discontinued thei officials is scheduled for meeting on the Active Livin. gii!i!!!!:? ..... Beeler to continue heF recognition and some community 9e. They reviewed the First Night. reported that Councilmember Baldwin Power Commission with optimism about the eventual FER seems like NIMPS is the challeng federal and state agencies. Accordir they are cautiou~ about they are in a uation and than ~ssian River near a crisis in Valley Inland Water and that there is some P.G.&E. power plant. It ::'is being isolated by other e Commission, Janet Pauley, Valley made a report that to the State Emergency Services rather District in arbitration. They are someday impact Ukiah. looking to Mayfield discu project. '"Redwood Valley is in dire straights and is and it will be a controversial endeavor. Ross ~is Eel River Diversion project and it seems like there is less interest eed other public agencies' support but to date they haven't been Mayor emceeing He also Division of ti reportE he attended the firefighters dinner and the First Night event :ry and Ily dancing. He attended the Miss Mendocino beauty pageant. the recent water forum. The next meeting of the Redwood Empire ue of California Cities will be held in Cloverdale on February 8th. pi S~ th~ CITY :LERK REPORTS Horsley advised that the matter concerning the Eel River Diversion was this agenda because the group will be going to back to the Board of who denied them sponsorship and support, to try to negotiate a deal with If that doesn't work, they will submit a proposal to the City Council. Regular City Council Meeting January 15, 2003 Page 15 of 16 She announced that January 30th is the Redwood Empire Municipal Insurance Fund (REMIF) will be holding their annual meeting at the Hampton Inn in Ukiah and Council is invited to their dinner, She polled Council as to who would be dinner, City Clerk Ulvila advised that the annual Statements of Economic Int, have been distributed and the deadline is April 1,2003. 700) 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business, the City Council was adjOurned at 11:54 Marie Ulvila, City Clerk Regular City Council Meeting January 15, 2003 Page 16 of 16 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 5, 2003 The Ukiah City Council met at a Regular Meeting on February 5, 2003, ti which had been legally noticed and posted, at 6:31 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin Staff present: Public Utilities Director Barnes, Assistant City Manager/Budget Officer Harris, City Manager Horsley, Associate Attorney Rapport, Deputy Public Works Director Sean~ Police Chief Williams, Fire Marshal Yates and City Clerk 2. PLEDGE OF ALLEGIANCE Ukiah Firefighters Riddleberger and Corippo I~ 3. INTRODUCTION OF NEW EMPLOYEER 3a. Introduction of Fire Department Career Em Fire Marshal Yates introduced the Fire Departm Riddleberger and John Corippo. He discussed the fire ti Street this morning and that it !ght for six hours by firefi career employees, Jeff South State 4. APPROVAL OF MINI 4a. Regular Councilmember Andersen reque= 2003 the M/S Andersen/Baldwin to delay c January 15, next meetin of 1 the next meeting. ular Meeting Minutes of pending further clarification. Councilm~ lack ( clarified th. Rainbow Con ng the Nati~ are incomplete with regard to his in portion meeting. He also noted the Pollutant Discharge Elimination System City Manager .~y advised that Councilmember Andersen contacted her and then Ier with the City Clerk. They have agreed that the City Manager on the minutes. he could not support the motion because he has witnessed g :ling over the minutes and felt that the minutes are a ~uncil's business. He does not approve of making editorial changes to d felt it is the City Clerk's responsibility. He would support agendizing of how the minutes are kept and presented at a later date. Andersen did not feel that the minutes adequately reflect the n that took place. Regular City Council Meeting February 5, 2003 Page 1 of 12 Councilmember Smith advised that he would have to abstain from voting on this matter since he recused himself from the portion of the meeting concerning the Rainbow Construction item Councilmember Baldwin advised that he felt that Councilmember valid point and that his comments were not represented in the minutes. City Manager Horsley wanted to know if Council agrees it work with the City Clerk on these minutes. to Mayor Larson explained that he thought that was implied in Motion carried by the following roll call vote: AYES: Cz irs Rodin, Andersen, and Baldwin. NOES' Mayor Larson. ABSTAIN' :ilmember Smith. None. · 4. APPROVAL OF MINUTES 4b. Special Meetin_cj of January 24, 2003 M/S Baldwin/Andersen approving the Special carried by the following roll call vote: AYES: Council Baldwin, and Mayor Larson None. ABSTAIN: ABSENT: None. ~tes of January 24, 2003, n, Andersen, Smith. 5. RIGHT TO APPEAL Mayor Larson read the appeal pm 6. CONSENT CALENDAR M/S Smith/Rodi a. Received and Ea b. Re Di nsent Calendar as follows: dization Fund for South Orchard Avenue Otis Meadows and American Tire Redwood Empire Municipal c. Awarde~ d. Received m g. M Specifi the for Sole in the as n No. to Polydyne, Inc. for the Sum of $13,200; ~d Report Regarding the Purchase of Liquid Polymer Emulsion for the Sum of $.647 Per Pound; of Forensic Evidence Equipment from Astec to Exceed $14,000; ~lete for Class 2 Asbestos Work at 410 Waugh Lane, Ukiah, and Authorized the Filing of the Notice of completion with for Sewer Main Lining to Pacific Liners for the Sum of $30,492; otification of Emergency Purchase from Bearing Engineering Company ;arboxes with Motors and Accompanying Drive Sprockets, in the Amount i3.36. M~ carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting February 5, 2003 Page 2 of 12 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Peter Good, 418 W. Mill St., Ukiah, voiced his support of a proposed Bill of Resolution for City of Ukiah and citizens are circulating a petition in su resolution. hts Richard Shoemaker, 115 Brush St., Ukiah, spoke regarding the Ukia Coalition and thanked the City for its sponsorship in regard to the by City staff. He provided a letter to the City Attorney that was to review with regard to potential questions related to the CEQA base. Tomorrow he will be attending a California State As meeting and major discussion will be conducted regardin cities, counties, schools, and other districts in occurring in Sacramento. He hoped that the and the School District concerning funding issues. Base issues that are Mayor Larson noted that Councilmember Kevin Jennings who heads the volunteer firefighters involved in this effort. Yates, and well as him have been 8. UNFINISHED BUSINESS 8a. Status Report Re, Master Plan Planning Director Stump the Ukiah Bicycle and Pedestrian in the Staff Report. A number of a( of the Plan. He discussed the Staff Report. He staff's su a new techn( .treetPrint. on page should be Pedestrian ress in implementing in 1999, as referenced in made since the adoption projects listed as in the Council regarding implementing an error in the Staff Report that item #5 Fog Lines", not "bike lanes". He ~d to g can be tim( development ;] facilities a Code and ~g by Councih Andersen by noting that grants are a ement of the grants once they are received to discuss bicycle parking requirements for and noted that staff does impose code requirements for bicycle commercial and residential projects. He explained that with the Coordinator, staff would be establishing a program for adherence. ;d that another clarification in the Staff Report concerns item Ihe Fairgrounds frontage project. He noted that it would be constructed ~d is in excess of 1,000 feet of sidewalk along the State Street frontage. projects, the railroad crossings include all eight major crossings. Most of the project came from MCOG. followed between Associate Planner Lohse and Council with regard to h( access to the eastern and western ramps approaching the Highway 101 overpass could be utilized by scooters used by disabled persons, It was noted that the Regular City Council Meeting February 5, 2003 Page 3 of 12 overpass is in the Caltrans right-of-way and the City could not do anything to it. However, the City can work on an approach to the overpass that would allow these vehicles to attain momentum to get up the ram and onto the overpass, Laura Fogg, 1143 W. Church Street, commended those who have w~ pedestrian and bike access to Ukiah. She encouraged the City to work to expand and connect the trails. Josh Rodner, 1085 W. Standley Street, identified various Iocati~ not have bike racks. He also expressed concern with riding bikes that more signs should be installed alerting automobile bicyc Stre~ Jennifer Puser, 309 Jones Street, Ukiah, as a m~ thanked the City for all of the improvements that h~ could obtain a schedule of future projects that are Roll Coalition, she een made and inquired if sh~ ~ed an, eir timelines. Director Stump responded that staff is cu timelines for various projects and he would provide hE ping specific It was the consensus of Council was to receive the re 8. UNFINISHED BUSINESS 8b. Status Report Planning Director Stump considerable progress towards the He provided Council with a statu~ constraints that have led to modifi possible future Additionally, Riverside the City has made Street Riverside Park. ress. He also identified Plan. Staff is pursuing Conservancy (Conservancy). .rtment is seeking grant opportunities. Staff is apl env of trails so planned. Th~ Staff is currently preparing a Phase 2 include a floodway/floodplain analysis to doing some site grading and construction public. Installation of a parking lot is also in a Dog Park, the soccer field, the public offering to help with )lants from the riparian corridor and assistance in planting native P~ the Concept Plan might continue to change. The east .n important component of this plan and staff will begin working on issues as they proceed with developing the park. by Councilmember Rodin and Director Stump regarding the funding from the Coastal Conservancy that is due in March. s discussion by Councilmember Baldwin and Director Stump regarding the and Recreation Commission and the City Council being involved in changes to Regular City Council Meeting February 5, 2003 Page 4 of 12 the Conceptual Plan. There may be a need to hold a joint meeting between Council and the Commission. There was discussion by Councilmember Baldwin and Associate Plann regarding Councilmember Baldwin's preference that the one-acre dog located in the center of the park. The matter of placing aerators in the p water circulating and avoid stagnation was also discussed. There was discussion by Councilmember Baldwin and Director parking configuration and the possibility of locating the majority of Gobbi Street. Maintaining compatibility with surrounding ~uch Little League fields was addressed. Interest was kayak/raft entryway other than the south end of the Concept Plan includes two other access points river. caretaker quarters have been planned for the made soon as to when a caretaker should b~ concerning the development of the parking in of explained that the further discussion Director Stump responded to an inquiry by Councilm~ cost estimate for the park by stating that no cost estimate explained that staff will pursue ith available and is encouraged wi' Andersen concerning a Lrk exists. He .hat becomes Jennifer Puser, 309 Jone~ that they are at the end of a very I~ timeline for implementation of the 1 through the Park Bond there's U approximately si If the secure the volunt6 RELEAF, advised the City and requested a park. She explained that Ihere is enough funding for RELEAF could write the grant, dant the trees. It was nsensus was to the report. Se Enhancem troval of Planne~ ino Air Pede make of Reconstruction and the Crosswalks at the State and Perkins Intersection, and Amendment that the City received a grant of $40,000 through ,nagement District from AB 2766 funds, to help implement Master Plan. Some of the major goals of that Plan are to rovements to the downtown pedestrian district and pedestrian ~ments on key corridors to connect the most vital pedestrian activity to a new proprietary process from Integrated Paving Systems, Inc. for coloring asphalt. It is economic to install, has Iow maintenance, easy to ~d rejuvenate, and simple for Iow cost reconstruction projects. Staff the purchase of the equipment and becoming licensed with the company the product because of the long-range savings derived from having the Regular City Council Meeting February 5, 2003 Page 5 of 12 equipment and being able to install it ourselves. The Public Works Department has funds available through the Surface Transportation Projects (STIP) and staff is recommending Council approve those funds be allocated towards this to supplement the grant. Upon questioning by Councilmember Baldwin, Planner Keefer explain the intersections would be implemented at night as much as possibl begin in April. would Chris system uses a propane system and in heating the as however, propane burns very clean. He provided th Committee with information on this product and noted in the County in leasing the equipment from the some projects. Brown, Mendocino County Air Quality Manager District, ay Tecl Advi~ from other cities a short period of time to d~ Planner Keefer noted that expressed wri~ from Integrated Paving Concepts because operators to be obtained icensed. M/S Andersen/Smith approving the expenditure of the purchase of the StreetPrint Muni~ [I Package and coloring of the crosswalk/inter State and Perkins following roll call vote: AYE: Rodin, Mayor Larson. NOES: Nor funds for the ping and carried by the rnith, Baldwin, and M/S Smith/Andersen authorizing with Integrated Paving Concepts In installer, carried e following Andersen, S ~, and Mayo ABSENT: NOES: into a License Agreement ;come a certified StreetPrint !S: Councilmembers Rodin, None. ABSTAIN: None. M/S 250.9835.; Councilm{ N: None nt to the 2002-03 budget authorizing .9835.250.000 and $40,000 in account carried by the following roll call vote: AYES: Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ;ENT: None. 9. N 9b. Risk Man Emergency Ukiah Em~ and tasks is c~ of of Ukiah Emergency Plan .~r advised that staff has been working with the Mendocino Authority (MESA) staff for several years to complete the City of Plan. The Plan prescribes the emergency organization, assignments and general procedures for addressing emergency situations. The iant with the Standardized Emergency Management System (SEMS) that ed through the State so all emergency situations are handled in the same He recommended Council adopt the resolution approving the plan. This is a document and there is a provision in the resolution that changes or mo( ifications would not have to come back to the City Council for formal approval. Regular City Council Meeting February 5, 2003 Page 6 of 12 Councilmember Andersen felt that the biggest potential hazard for Ukiah is a wildland fire or a fire starting on the western hillside and moving into town. He expressed his concern that the Plan's hazard analysis does not address this issue adequately,felt that the City should look more seriously at the most prevalent types of plan for those, especially given the precarious situation of CDF. City Manager Horsley explained that the Fire Department would to Council and they have prepared for those types of situations. ~ntation Councilmember Baldwin expressed his interest in the City commercial air carriers about use of the beacon above from the north. He referred to Quiet Flying Rules that carriers to spend less time over the City. He would lik~ future or provide a letter from Council to the M/S Smith/Andersen adopting Emergency Plan, carried by the following roll Andersen, Smith, Baldwin, and Mayor Larson. ABSENT: None. A as ~rage cc ;it that issue in the ing City of Ukiah lcilmembers Rodin, ABSTAIN: None. 9. NEW BUSINESS 9c. Presentation and Discussi Councilmember Anders City Manager Horsley be agendized for discussion Councilmember Andresen met with local office, to discuss the equipmer Council meetin¢ Lamb options regar City Cc Televisin Meeting_ s - uested that this item City Manager and er of Adelphia Cable's and a: ated costs for televising City ;m with irmation concerning the various s that she discussed with Council. Steve er for Adelp see citizens of U advised that the City Council might the meetings are televised. Col information, but also to ge~ Chann would make it easier for people to access is really important and that it is money well spent. He explained ;re could be a running bulletin board on the channel so that not ieetings and other commission meetings be televised on be utilized to announce workshops, recreation programs, some revenue. It could also be used for emergency could become an emergency broadcast system for the local inquired if the tituler would allow the City to have a 24/7 stream of :ross the bottom of the screen on Channel 3. to an inquiry by Mayor Larson regarding the use of the titular, Mr. Lamb ded that messages could be displayed all day long. He went on to describe various options available. Regular City Council Meeting February 5, 2003 Page 7 of 12 Councilmember Andersen noted that the proposed bid does not include construction costs and it should be a consideration. The City receives approximately $84,~ year from Adelphia in franchise fees that goes into the General Fund ant dedicated to any type of fund for public access television and felt that his ju spending some of that money on this project is well founded. Discussion followed with regard to Pomo TV's bid and that staff woi what the construction costs would actually be for installation ,arch Councilmember Baldwin stated he is'very supportive of concern that people watching the art programming concerned about losing their programs. Doty Copeland, King Collins, and Richard project and felt it would be a great asset to Collins also discussed the educational value courses· V~ proje~ expres,, Jay become their support for th~ ous City issues. Mr. and college Discussion followed with regard to various topics of con, televising City Council gs, construction and installation co as well as operating costs upcoming budget session. franchise fee and dedicating it to fund the project. included directing television station p ~uld review th~ the matter of estimated .I would be paid, ~rmation during its iking a portion of the funding mechanisms It was the conse f Council to to research costs. 9. NEW 9d. Pre., Iion and changes in conflicts of an ove~ ualifying of I flicts of Interest Pamphlet Prepared David Rapport Manager Horsley asked him to address the ssion's (FPPC) regulations for analyzing He discussed the information contained in the Staff Report and of an eight-step approach for determining when a public official ~terest. It was I to receive the report. 9. NEW BI 9e. Con~ fr~ ion and Direction Regarding Posted Time for Public Hearings on enda- Mayor Larson r~ advised that he is requesting Council's consideration regarding changing · timeslot for public hearings at Council meetings. This change would .~il from having to hear other agenda items out of order, and may allow public hearings to be heard before 7:00 p.m. Regular City Council Meeting February 5, 2003 Page 8 of 12 Discussion followed with regard to the matter of scheduling the time for public hearings before 7:00 p.m. and the agenda order as noted in Policy Resolution No. 1. Since the current Policy Resolution does not indicate a time for public hearings, it the consensus of Council that the public hearings should be noticed for 6:45 soon thereafter as the matter may be heard, and directed Staff to pre Resolution for Council's consideration that would amend the agenda meetings. 9. NEW BUSINESS 9f. Set Date for Pre-Budget Workshop Meetin~o City Manager Horsley advised that the Governor has spending plan, which is being considered by the State le~ case scenario from what has been presented so far. over $800,000 in revenue to its General Fund pre-budget workshop with the City Council in M the Council regarding reductions in the City's see a reduction of iture budget. After some discussion it was the consensus of Co 2003, from 3:00 to 5:30 p.m. for a pre-budget work~ regular City Council meeting would commence at 6:30 p.m the date of March 19 Council and staff. The 9. NEW BUSINESS 9g. Discussion and Possibh City Manager Horsley appointed Councilmember Anders~ recent change in employment, Cou~ have a conflict of interest in serving from this position at serve oard an to Lib~ 3ry BoarH 15 m~ g, the City Council Board. Due to a determined that he would requesting to remove himself Discussil position. whethe a member of the public to the It on the Libra selection. Intt applications from the public to fill the position ~vould then review the applications and make a applicants would not be necessary. IClL REPI Cou~ Roe that she found an article on the web site for the State De Con~ on Division of Lane Protection regarding the California Farmland gram that gives money to public agencies and non-profits to acquire con: easements. A question. U raised as to whether the City could purchase conservation easements undaries on agricultural land. It was also noted that a grant might be the Land Trust for this purpose. Discussion followed regarding the City of use policy regarding open space, and the possibility of exploring the ise of conservation easements around the City and defining a green belt and limit. It was noted by Councilmember Rodin that one of the criteria is that the Regular City Council Meeting February 5, 2003 Page 9 of 12 purchase be consistent with the General Plan. She advised that she would continue to research the matter further with regard to funding the establishment of a district. She reported that she attended the Chamber of Commerce luncheon. James spoke as the new incoming president and she noted her disappointment to jabs at those that were recently elected. She plans to write an open lett, with regard to her being the ex officio member with an intention of wor finding a common ground. and Councilmember Smith advised that some of the Chamber Board confused by Mr. Mulheren's statements and that it seem( Chamber's position on supporting candidates rather happen in the next year. Councilmember Rodin reported that she rec~ Division of the League of California Cities Cloverdale's new park and their designs for street. They toured ~locks of their main Councilmember Andersen reported that he attended Management Authority meeting them. There were some chain may affect them because th~ and other locations. Inmat~ Solid Waste an issue for past year that roadside cleanup He attended a couple of the CDF Ukiah and it is proceeding at pace CDF has given that 2003-04 budt nue to fight ~ ,e base open, the Air Attack Base in ,udget process is lengthy and Jkiah Air Base cut on the next lose the base. Therefore, it is important to As and support opportunities new job, a Council meeting in Southern California concerning long-term care and in-home y affect the City, there are some funding level that could impact the City positively. he spent three days in Sacramento at an NCPA g in preparation for the Washington, D.C. meeting in April ill be federal legislators concerning California and NCPA needs. is January 1, 2005 because it will be the first day after the te contract with Western to provide firming electricity to NCPA. It is an see what is going to happen to replace that electricity. He received a from NCPA entitled "We Bring Power to the People", and with he will show the video at a subsequent meeting. led the CDF hearing and was pleased with the turnout. He also attended the ier of Commerce installation dinner. He attended the Project Sanctuary 25th anniversary reception and also to the REMIF dinner. Regular City Council Meeting February 5, 2003 Page 10 of 12 Councilmember Baldwin was of the opinion that Council should honor Mary Lindley's request to agendize the ballot proposition to change the Mayor selection process. City Manager Horsley advised that she has informed Ms. Lindley scheduled for a Council meeting in March. Councilmember Baldwin reported attending the REMIF din discussions. At the last Ukiah Valley Sanitation District meeting community protests concerning the maximum five-unit hookup. directed City staff to look at the cost sharing implicationsratios District v. the City for the new $30 million project. It willicant they handle it and get the public ready. no si District San ;rms of reat ,nt Mayor Larson reported that he attend the REMI CDF Air Attack Base Coalition and he felt last committee assignments were made. There as interesting ideas. He is involved with the commun be requesting time at various organizations to provid, matter and soliciting letters of support. He brought up Redwood Division of the League for further information, sample impacts to their community il been involved very productive and expertise as well aspect where they will ;sentation regarding this :ities in the requests the possible He reported that he also Sanctuary 25th anniversary which they honored one of their the Christmas He attended the Project an Elks Lodge dinner in a great deal of money to He noted t ~e is in the The incur huc :osts for fie up in budget or osses er CDF's budgetary responsibility. in and around Ukiah that will not show to their budget in the future because they He reported of' received a response to the Vehicle License Fee (VLF) letter from ~ember of the 34th District, and he is not supporting an increase in be provided to Council. 11. City Baldwin at that the researchin~ :IK REPORTS ;d that in response to an inquiry made by Councilmember last Council meeting, staff investigated the Sign Ordinance and found ~al document does say "state or federal", not corporate flags. In e City's historical records and talking to staff, there is no. However, option of making that wording change to the Ordinance at this time or the Sign Ordinance is revised. Ci anager Horsley discussed the revisions to the State Compensation law. Regular City Council Meeting February 5, 2003 Page 11 of 12 City Clerk Ulvila reminded Council to recycle their envelopes from Council packets. 10:11 p.m.: Council adjourned to Closed Session. 12. CLOSED SESSION G.C. §54956.9(a)- Conference with legal CounseI-Existin Name of Case: Shoemaker v. City of Ukiah, Mendocino County Supe Case No. SCUK-CVG 00-83789 No action taken. )urt 13. ADJOURNMENT There being no further business, the City Council meeting 11:00 Marie Ulvila, City Clerk Regular City Council Meeting February 5, 2003 Page 12 of 12 ITEM NO.: 6a DATE: February 19, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JANUARY 2003 Payments made during the month of January 2003, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 44573-44627, 44704-44910, 44989-45083, 45084-45168 Accounts Payable Manual check numbers: 44154-44155 Payroll check numbers: 44628-44703, 44911-44988 Payroll Manual check numbers: none Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of January 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Q~'~ _ _ -. Candace Horsley, Cit~Manager KRS:W ORD/AGENDAAJAN03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JANUARY 2003 Demand Payments approved: Check No. 44573-44627, 44704-44829, 44830-44910, 44989-45083, 45084-45168, 44154-44155 FUNDS: 100 General Fund $197,787.49 131 Equipment Reserve Fund 140 Park Development $442.86 142 National Science Foundation 143 N.E.H.1. Museum Grant $934.14 150 Civic Center Fund 200 Asset Seizure Fund 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) $118.27 205 Sup Law Enforce Srv. Fd (SLESF) $540.00 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $607.98 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund $4,277.93 260 Downtown Business Improvement $170.00 270 Signalization Fund 310 Special Aviation Fund $24,711.04 330 Revenue Sharing Fund $8,398.46 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant $1,745.00 334 EDBG 94-333 Revolving Loan $5,813.50 335 Community Dev. Comm. Fund $~5_~._3_0_0.0~0_ 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $9,380.35 550 Lake Mendocino Bond $1,673.75 575 Garage $2,237.11 600 Airport 612 City/District Sewer 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 670 U.S.W. Bill & Collect 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 44628-44703 DIRECT DEPOSIT NUMBERS 15526-15654 PAYROLL PERIOD 12/22102-1/4/03 PAYROLL CHECK NUMBERS 44911-44988 DIRECT DEPOSIT NUMBERS 15655-15785 PAYROLL PERIOD 1/5/03o1/18~03 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $48,148.45 $60,155.25 $21,160.51 . _ $9,543.07 _ . $13,025.10 $23,862.05 $1,424.67 $8,343.02 $7,691.64 $955.43 $8,097.72 $129,714.97 $823.60 $691,118.31 $9,086.50 $4,853.16 $34,699.39 $44,662.32 $14,957.97 _. $184,838.04 $2,827.02 . _ $36,740.63 $10,236.54 $6,909.66 $43,662.40 $1,732,341.96 $67,727.71 $135,946.56 $314,995.14 $2,251,011.37 VOID CHECK NUMBERS: none CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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D3 ~HO 0,~ ooo~o~oo~oo~ ............. 0 ~ ~ O0 ............. ~° DDDDDDDDDDDDD~ 0 > ~ H F400 0000000000000 H E~ O~ n~ H UO00 0~ ~ H ~0 0 Z 0 O> 0 Z ~ ~0 ~0 -57- O~ H ~ 0000 000000000 00000 000 0 0 Z 0 ~H Om ~ ~e 0 ~ H~O O0~OM ZZZZZ~ZZZZZZZZZ 000000000000000 E~ c~ Z~ Om 0 > M 0 ~ 0 ~> ~Z ~ H >0 H ZZZZ ~000 Z O~ 0 ~ 0 E~ M H 0 E~ Z 0 0 0~ ~ ~-~ o 0 0 ~ ZZZ ~ ZZ ZZZ ZZ~ ZZZ ~000000000000000 ~o H ~ · C} I.D o o c) k.o ~D ~4D ~~0 ZZZZZ~ 00000 ~oOO Z~ H~ ~H H~ ~>~0 ~0 ~Z ~~oo OOOOOO OOOOOO ~o~o HHHHHH ~00~ Z 0 > ~~ O~ 0 ~ZZZZZ ~ ~00000 ~H~Z E~ Z > 0 ~Z ~Z ~000000 0 0 ~ ~Z o O~ Z 0 ~ Z ~ Z ZE~ ~Z 00 Z E~ U -59- O~ o · O~ o ~ ~ 0 ~ ~ ~0 oh L~ o o c) c) c) ~ c:) o c) [:::) o c) 0 m ',.o ,,.o o ~ · ~-I ,~ 00 ,,-I Ln OD Cq ,---I 0 · 0 [~ H > OH 0 0 ~ 0 -60- ~o o > ITEM NO. 6b DATE: FEBRUARY 19, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR 3/4-TON TRUCK WITH UTILITY BODY TO HOBLIT-HAYNES-JAMISON FLEET GROUP FOR THE SUM OF $20,472.38 Included in the 2002-03 Budget, Account No. 820.3901.800.000 is $27,000 to purchase a new % ton truck with utility body to replace a 1992 one-ton service truck now in service in the Public Utilities Department, Water Division. Specifications were written and Requests for Quotations through the formal bid process were sent to 23 auto and truck dealers. Eight bids were received on February 4, 2003. The lowest bid is from Hoblit-Haynes-Jamison Fleet Group for the sum of $20,472.38. RECOMMENDED ACTION: Award Bid For A % Ton Truck With Utility Body To Hoblit-Haynes-Jamison Fleet Group For The Sum Of $20,472.38. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager Tabulation of Bids APPROVED~~ ~~. Ca n~ace-H o~rsle~/, City, Manager FEBRUARY 2OO3 TABULATION OF BIDS FOR 3/4 TON TRUCK WITH UTILITY BODY Hoblit-Haynes-Jamison Fleet Group $20,472.38* Northlake Ford-Mercury $20,658.00 W.C. Sanderson Ford-Mercury $21 ,O72.99 Jamison Auto Center $21,163.07 Henry Curtis Ford-Mercury $21,441.00 Wes Lasher Volkswagen $21,562.04 Harper Ford Country $22,349.47 Victory Autoworld Dealer Group $25,826.00 * price includes $500 discount if paid in cash within 20 days of delivery. AGENDA SUMMARY ITEM NO. 6c DATE: February 19, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING ON-STREET PARKING AND ESTABLISHING BUS LOADING ZONES AT TVVO LOCATIONS ON SOUTH DORA STREET SUMMARY: The Mendocino Transit Authority (MTA) requested establishment of a bus loading zone, for a length of 45-feet, along the west side of South Dora Street adjacent to the new Mendocino County Public Health complex. Please refer to Attachment 2 for a location map. The net result of the proposed action will be the loss of approximately two on-street parking spaces. The Traffic Engineering Committee reviewed this request at its regular meeting of January 21, 2003 and recommends approval to the City Council. MTA also requested to establish a bus loading zone, for a length of 45-feet, along the east side of South Dora Street adjacent to the vacant lot north of the apartment complex at 1155 South Dora Street. Please refer to Attachment 2 for a location map. The net result of the proposed action will be the loss of approximately two on-street parking spaces. The Traffic Engineering Committee reviewed this request at its regular meeting of January 21,2003 and recommends approval to the City Council. The proposed bus stops will provide service to various medical offices, health care facilities and care homes. RECOMMENDED ACTION: Adopt resolution removing on-street parking and establishing bus loading zones at two locations on South Dora Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: Doug Pilant, MTA Diana Steele, Director of Public Works / City Engi.neer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED!, Candace Horsley, Cit~Manager RJS: AGn pMTAbusZone-S-Dora-St RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING BUS LOADING ZONES AT TWO LOCATIONS ON SOUTH DORA STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 and 22500 of the California Vehicle Code permit the stopping of buses in a red zone marked or posted as a bus loading zone; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request on January 21, 2003 from the Mendocino Transit Authority to establish the bus loading zones within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends this request regarding bus loading zones. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish the bus loading zones on South Dora Street at locations determined by the City Engineer. PASSED AND ADOPTED this 19th day of February, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, City Clerk Eric Larson, Mayor Resolution No. 2003- Page 1 of 1 ITEM NO. 6a DATE: February 19, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING 40 LINEAL FEET OF ON-STREET PARKING ALONG MENDOCINO DRIVE ADJACENT TO YOKAYO SCHOOL SUMMARY: Sergeant Greg Heitkamp, Ukiah Police Department requested extending the existing no parking zone, for a length of 40-feet, along the north side of Mendocino Drive adjacent to Yokayo School. Please refer to Attachment 2 for a location map. The proposed no parking zone will increase the sight distance at the school crosswalk for traffic westbound on Mendocino Drive. The net result of the proposed action will be the loss of approximately two on-street parking spaces. The Traffic Engineering Committee reviewed this request at its regular meeting of September 24, 2002 and recommends approval to the City Council. RECOMMENDED ACTION: Adopt resolution removing 40 lineal feet of on-street parking along Mendocino Drive adjacent to Yokayo School. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yokayo School Diana Steele, Director of Public Works / City Enginee~-'~- Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED:('~~M~~..~ .~s:A~......o~.oo,.suM Candace Horsley, City I~nager RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING 40 LINEAL FEET OF ON-STREET PARKING ALONG MENDOCINO DRIVE ADJACENT TO YOKAYO SCHOOL WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request on September 24, 2002 to establish the no parking zone within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends this request regarding the no parking zone. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a no parking zone on Mendocino Drive at a location determined by the City Engineer. PASSED AND ADOPTED this 19th day of February, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 6e ITEM NO. AGENDA SUMMARY DATE: February 19, 2003 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 6 TO THE AGREEMENT WITH EBA ENGINEERING IN AN AMOUNT NOT TO EXCEED $2,514 FOR PREPARATION OF A WORK PLAN TO FURTHER DEFINE THE VERTICAL AND HORIZONTAL EXTENT OF CONTAMINATION AT THE CORPORATION YARD AND APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $2,514 SUMMARY: In January 2003, EBA Engineering, (EBA) on behalf of the City of Ukiah, submitted a Report for Continuing Soil and Groundwater Plume Definition at the Corporation Yard to the North Coast Regional Water Quality Control Board (NCRWQCB). By letter dated January 31,2003, (Attachment 2) the NCRWQCB directed the City to prepare a work plan to further delineate the vertical and horizontal extent of soil and groundwater contamination associated with the former fueling facility at the Corporation Yard. This report must be presented to the NCRWQCB by April 30, 2003. At the request of staff, EBA Engineering submitted a cost estimate for preparation of the work plan (Attachment 3). continued on page 2 RECOMMENDED ACTION: 1. Authorize Execution of Amendment No. 6 to the Agreement with EBA Engineering in an amount not to exceed $2,514 for preparation of a work plan to further delineate the vertical and horizontal extent of contamination at the Corporation Yard. 2. Approve an amendment to the 2002/2003 budget increasing expenditures in account 100.3301.250.000 by $2,514. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer~J~'/cL~ Rick Seanor, Deputy Director of Public Works,~~ Candace Horsley, City Manager 1. Amendment No. 6 to the Agreement 2. Letter from NCRWQCB 3. Cost Estimate from EBA Engineering 4. Agreement for Professional Consulting Services 5. Fiscal Year 2002 / 2003 budget sheet 6. Budget Worksheet APPROVED: Candace Horsley, Cit anager RJS: AGebaProfSvcs8 Page 2 Authorize execution of Amendment No. 6 to the Agreement with EBA Engineering in an amount not to exceed $2,514 for preparation of a work plan to further delineate the vertical and horizontal extent of contamination at the Corporation Yard and approve budget amendment in the amount of $2,514 February 19, 2003 Funds are not available in the fiscal year 2002-2003 budget for this work. Therefore, a budget amendment in the amount of $2,514 is necessary to fund the work mandated by the NCRVVQCB. EBA has confirmed that it will complete the required work plan by April 30, 2003. The City has been pleased with EBA's performance on past work related to the subsurface investigation. EBA has proven that it can complete required work products within established deadlines. CITY OF UKIAH AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED AUGUST 26, 1998 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated August 26, 1998; the Amendment dated December 15, 1998; the Second Amendment dated May 5, 1999; the Third Amendment dated July 5, 2000; the Fourth Amendment dated August 23, 2001 and the Fifth Amendment dated September 23, 2002 shall remain in force and effect except as modified by this sixth amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 6. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the January 31, 2003 letter from the California Regional Water Quality Control Board and described in the letter from EBA Engineering dated February 10, 2003. Copies of said letters are included in this sixth amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $2,514. EBA ENGINEERING CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 6 to Agreement for Professional Consulting Services Winston H. mckox Secretary for Environmental Protection California Regional Water Quality Control Board North Coast Region William R. Massey, Chairman Internet Address: http://www.swrcb.ea, gov/rwqcbl/ 5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403 Phone: 1 (877) 721-9203 (toll free) · Office: (707) 576-2220 · FAX: (707) 523-0135 Gray Davis Governor January 31, 2003 RECEIVED Mr. Richard Seanor City of Ukiah Department of Public Works 300 Seminary Drive Ukiah, CA 95482 CITY OF UKIAH DEPT. OF PUBLIC WORKS Dear Mr. Seanor: Subject: Continuing Soil and Groundwater Plume Definition Report Comments File: Ukiah City Corporation Yard, 1320 Airport Road, Ukiah, CA, Case No. 1TMC201 The Continuing Soil and Groundwater Plume Definition Report prepared by EBA Engineering dated January 2003 was reviewed by the Regional Water Quality Control Board (Regional Water Board) staff. Based on this review, Regional Water Board staff concurs with your consultant's recommendations to continue quarterly groundwater monitoring of the site including the newly installed monitoring wells MW-9 through MW- 11, and to further define the vertical and horizontal extent of contamination. A workplan that describes the proposed investigation should be submitted to this agency by April 30, 2003. The hydrogeologic element of the workplan must be signed and stamped by a California Registered Geologist or California Registered Civil Engineer. If you have any questions, please call me at (707) 576-2671. Sincerely, Daniel L. Warner Environmental Scientist DLW:clh\UCCY-09 Report Comments cc: Mr. Wayne Briley, Mendocino County Health Dept., 501 Low Gap Road, Room 1326, Ukiah, CA 95482 Mr. Eriksen Phenix, EBA Wastechnologies, 825 Sonoma Avenue, Santa Rosa, CA 95404 California Environmental Protection Agency ORecycled Paper 02/12/2003 14'35 7075440@06 EBA ENGINEERING PAGE 01/02 F_JVGiIV£ i:iINj February 10, 2003 Mr. Rick Seanor Department of Public Works City of Ukiah 300 S~q~nln-l'~ Ave. Ukiah, CA 9545~. COST ESTIMA~ FOR WORK PLAN PREPARATION CITY OF ~.CORPORATION YARD UST INVESTIGATION E/gA d'ol~' No. 98-621 'Dear Mr. Semaor: EBA Fagineefing (EBA) is pleased to preset this cost estimate to develop a work plan for further investigation at the City of Uldah Corporation Yard located at 1320 Airport Road in Uldah, California. A work plan for fte'cher investigation was requested by Mr. Daniel Warner of the California Regional Water Quality Cxmtrol Board in a letter dated January 31, 2003. The work plan will describe additional groundwater contaminant plume definition, as well as intarim remedial action. The estimated cost to prepare the requested work plan is $11,514.00. The interim remedial action portion of the work plan will require substantial teeimical input from senior staff personnel. These costs were not included in EBA's cost estimate for fiscal year 2002-2003 which was submitted to the City in ~uly 2002. Attached is a detailed breakdown, of the cost to prepare the work plan. If the City agrees with the projected costs, EBA will forward a change order for the estimated amount. Please call (707) $44-0784 if you have any questions or comments regarding this cost estimate. EBA appreciates the oppommity to provide enviroamental services for the City of Ukiah. Sincerely, EBA ENGINEERING Erik Phexfix I~nvironmental 'Specialist /mc 825 $onomo Avenue, Suite C Santa Rosa, California 95404 1707} 544-0784 Al~o in Southern Call,omit FAX[70~ 544-0066 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this ~ da), of_~~-~_ ~,~~,~ 1998, by and between CITY OF UKIAFI, CALIFORNIA, hereinafter referred t~ .... -' as "City" and EBA WASTECHNOLOGIES (EBA), a California Corporation, herein~er referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a. City requ/res consul~g services related to the ~plemen~afion of the approved and amended work plan for soil and groundwater invest/gat/on at the City Corporation Yard. b. Consultant represents that it has the qualificat/ons, sldlls, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and Consultant agree upon the Scope-of-Work and Work Schedule auached hereto as Attachment 'A", describing contract prov/sious for the project and se~ng forth the completion dates for the various services to be provided pursuant to this Agreement. 1.0 1.1 2.0 '2.1 2.2. 3.0 3.1 TERMS OF AGREEMENT DESCRIF~ON OF PRO/ECT The Project is described in detail in the attached Scope-of-Work (Attachment "A"). SCOPE OF SERVICES AS sd forth in Attachment "A", Additional Service_. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Time of Comvletio_n' Consullant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the _time requirements se~ forth in the Work Schedule. Consultant shall complete the work to. the City's reasonable satisfaction, even if contract disputes arise or Consultant contends its is ent/tled to further compensation. 4.0 4.1 4.2 4.3 4.4 5.0 5.1 5.:2 6.0 6.1 COMPENSATION FOR SERVICES Bas~s for Compensation_. For the performance of the professional services of this Agreement, Consultmat shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $12,500. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel in effect as of the date of this contract which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shail be customary and re~sonable. Changes. Any cha~ges in compensation warranted by changes in the Scope-of-Work of this Agreement, must be agreed upon in writing by both parties to the Agreement. 'Changes to the Scope-of-Work' means different activities than those described in Attachment 'A~ and not additional time to complet~ those activities than the parties anticipate on the date they entered this Agreement. Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within'the $12,500 provided in Section 4.1. T_erms Of Payment, Payment to Consul~t for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon 30 days after receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. .. ASSURANCES OF CONSULTANT · . Independent Contracto_r. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. 'Co~fliet of lntere4t. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION ,Insurance Liability. without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. J~ll.t~.l~ r-OR PItOF~3~ONAL CONSlJL'I'~O ~ PAGE 2 OF 7 A~ B. C. Minimum Scope of Insuranca __ Coverage shall be at least as broad as: I. Insurance Services Office ("I$O) Commercial General Liability Coverage Form No. CG O0 O1 11 85. 2. ISO Form No. CA 0001 (FA. 1/78) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Professional Liability Insurance 'covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. Minimum Limits of Insuranc~ Consultant shall main~ limits no less than: I, _General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. e e Automobile Liability: $1,000,000 combined single, limit per accident for bodily injury and property damage. , · · - W rke_r e at]on and tn I er Li 'i : Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Professional Liability Coverae~e: $500,000 combined single limit per occurrence. ff the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence lhnic · · educti Sel- ur R en' Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insur~ shall reduce or elin~e such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim ad~ation and.defens, e .expenses. AGIt~ZMmff r'Oit NtOFESSiON,4L C:O~ S~ItVIC~S P,q~ 3 01~ 7 D, Other Insurance Prov|sion.~ The policies are to contain, or be endorsed to contain, the following provisions: 1. General Lia ili and Autom bile Lia iii vera es a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limi~ons on the scope-of-protection afforded to the City, its officers, officials, employees or vohmteers. be The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officel:s, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contr~ute with it. . de Any. failure tO comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Wrker' om e.nat'(n d ml e Li ~li v a e The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. Profession~ Liability Coverage, If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. ~rhe policy period' shall extend from .Iune 1, 1998 to ~une 1, 1999. 4. All Coverage~ Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in Jim_its ~xe~t atter thirty (30) days prior wril~u notice by certified mail, return receipt requested, has been given' to' the City. 6.2 7.0 Acceptability of Insurers F, Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. _Verification of Coverage_, Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage rexluired by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent fonm approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and ~proved by the City before Consultant begins the work of this Agreement. The City reserves the fight to require complete, certified copies of .all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purChase any or all of them. In that event, the cost of insurance becomes pan of the compensation due the contractor after notice to Consultant that City has paid the premium. Subc0ntractor~ If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. Indernnificatio_n. Notwithstanding the foregoing insurance requirements, and in addition thereto,' Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all. claims, demands, liability, costs and expenses,, including court costs and coum. el fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $I,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death ~f any person or ~lamage to or destruction of property attributabl~ to the negligent or willfully wrongfid act or omission of City 6r its officers and employees, where the injury, death or damage is caused by the sole and active tmgligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS ~If~MI~T i:OR PItOFI~SlONAL CONSIA.'rlNo ~ PAGE $OP 7 7.4 7.5 7.1 Ownership of Work. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment 'A'. 7.2 Oovemin~ Law_. Consultant shall comply with the laws and regulations of the United State,s, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be fled in a Court of competent jurisdiction in Mendocino County. 7.3 _Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding b~tween the parties. ~evl~. If any term of this Agreement is held invalid by a Court of competent jurisdiction, e remainder of this Agreement shall remain in effect. ~. No modification of this Agreement is valid unless made with the agreement Of both parties in writing. 7.6 7.7 7.8 .b. iliglll~t~. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of-any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. ~. In the event a suit or action is instituted to enforce any of the terms and conditions: of th!s Agreement, the prevailing party shall collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or..act~.'on in both trial and appellate courts. ' 7.9 ~211i~1. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required.to cure the breach, If the non-bread~g fails to cure the breach within the time specified in the notice, the contract shall be termixmted as of that time. If terminated for lack of funds or abandonment of the project, the contr~ shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination dam. In such event, ~s a condition to payment, Consultant shall provide to Ci~ all finished or unfinished documents, data, studies, surveys, drawings, maps, models, Photographs and reports pr~ared by the Consultant under this Agreementl Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subjec~ to off-set for any direct or consequenfia[ damages City may incur as a result of Consultant's breach of'contract. 8.0 D.up!icate Oriein~ This A--cement - -- . original signa~re o~' the ,,an~ ~,,.__ma_:y_ ~ ex .ecutef:l, .m du. plicate ori inals ea adm' ' · . . a, . whoa so s~ eo g , cb beating the m~strat~ve or · . gn , caen lu~ d . Judicial ptoceedm $ as nr ,,+.,~. ....... o. cument shall be adml ' e in g ,. oof',,,,,,~ ~cnns or-"- ...... sslbl_ _ ~ '"~ ,'~greement oetween the parties. Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH EBA WASTECHNOLOGiES DEPARTMENT OF PUBLIC WORK~ 300 SEMINARy AVENUE 825 SONOMA AVENUE, SUITE C UKIAH, CALIFORNIA 95482 SANTA ROSA, CALIFORNIA 95404 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above wri~en: · CITY O~ U~ CANDAC£ H~ I EBA WASTECHNOLOG1ES ATTEST CITY CLEKK APPROVED AS TO FORM: · · DA A'fTACHMENTS A. Scope-of-Work and Work Schedule ATTACHMI~NT "An A~ Scope-of-Servi~ SCOPE-OF-SERVICES AND WORK SCHEDULE Consultant agrees to provide those services needed to complete, to the reasonable satisfaction of the Regional Water Quality Control Board, North Coast Region, the work described in the approved and amended Work Plan for soil and groundwater investigation at the City of Ukiah Corporation Yard dated April 1998, including those items of work outlined in the letter from the California Regional Water Quality Control Board, North Coast Region, dated June 18, 1998, attached hereto. In general terms, this work involves the installation and sampling of six (6) borings, converting, two (2) borings into 2" monitoring wells to a depth of 20 feet, development of the two (2) new monitoring wells, sampling of the two (2) existing, two (2) monitoring wells, and preparation of a Report of Findings with conclusions and recommendations for additional work. Consultant has provided a Revised Cost Estimate Summary dated ~'uly 10, 1998, which provides estimated costs for the various phases of work required by the approved and amended Work Plan. The estimated cost of each item of work is provided for reference only and the itemized costs are not cost maximums for the indicated work item. Consultant shall be compensated, in accordance with Paragraph 4.0 of the Agreement. B. _Work Schedule _ The Consultant shall complete the work of the Agreement to facilitate a submittal of the Report of Findings to the North Coast Regional Water Control Board no later than October 30, 1998.. · . · A:I~AGFtEEMENT.2 _. EBX AG~ FOR PR0~ CONSt,'LTmO z, AaE e OF ? - , · c c ._0 :D · IJJ Z IJ. Z 0 0 o ITEM NO.: 6f DATE: FEBRUARY 19, 2003 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AGREEMENTS WITH SUPERIOR COURT OF CALIFORNIA GRAND JUROR, AND JUROR PARKING MENDOCINO COUNTY AND TO PROVIDE EMPLOYEE, In accordance with the Downtown Parking Improvement Program, the City of Ukiah has held agreements with the County of Mendocino since 1998 for downtown employee, Grand Juror, and juror parking in various designated locations within the downtown Parking District. The purpose of these agreements is to provide designated long term parking for employees in order to maintain availability of convenient short term parking for downtown shoppers. The agreements approved by Council provide monthly permits to County employees and Grand Jurors in designated municipal parking lots and day use permits for available spaces on outlying streets on an "as needed basis" within the parking district for jurors summoned to jury duty. In the past, these agreements have been solely with the County, as the Courts and Grand Jury were under County jurisdiction. The Courts have since split from the County and are now independently funded through the State of California and hence require separate agreements. The current County agreement (Attachment #4) provides a total of 130 monthly parking permits for employees and 19 Grand Juror permits at the rate of $7.50 per permit per month. Lot C located east of Main St. is the primary lot in which 64 of these permits are currently held. The remaining permits are in upgraded spaces in one of the other municipal lots, provided at the individual employee request and at additional expense to the employee. (Continued on Page 2) RECOMMENDED ACTION: Approve agreements with Mendocino County and Superior Court of California to provide employee and juror parking and authorize the City Manager to execute agreements. Requested by: Prepared by: Coordinated with: Attachments: County of Mendocino and Superior Court of California Larry DeKnoblough, Director of Community Services and Patsy Archibald, Customer Service Supervisor Candace Horsley, City Manager . 2. 3. 4. 5. Draft Agreement with Mendocino County Draft Agreement with Superior Court for Employee Parking Draft Agreement with Superior Court for Juror Parking Current Agreement with County of Mendocino Map of Downtown Parking District APPROVED! Candace Horsley, City-~lanager LDZIP2 ParkingAgreements03,Asr Employees wishing to acquire an upgraded space are placed on the waiting list for the requested location and issued a space in the order of availability. Should there be a fee difference between the preferred location and the fee paid by the County, the employee pays the difference to the City. The daily use permits for jurors are billed to the County based on actual numbers of jurors reporting to jury duty at a rate of $.50 per day. The jury summons provides the juror with a permit to park in any two or five hour signed or metered space free of charge to the juror. Since the separation of the Courts from the County, Superior Court employees are no longer included in the current agreement with the County of Mendocino. In order to continue to provide this benefit to employees, the County and Courts have requested separate agreements. The proposed agreements (Attachments #1 & 2), provide 65 permits each for employees of the County and Courts who work in Ukiah's downtown at the monthly rate of $7.50 until June 30, 2005, at which time the rate will increase in accordance with the rate adjustment schedule approved by Council on December 18, 2002. Those employees who park in preferred locations will pay the difference of the increased fees, which became effective January 31, 2003. In addition, a separate contract with Superior Court will continue to provide parking for Grand Jurors and summoned jurors at the rate of $7.50 per month for 19 Grand Juror permits and $.50 per day for jurors reporting for jury duty. The previous agreements have been successful in meeting the City's goals of improving downtown customer parking and according to County Administration, have met the needs of County employees. The proposed agreements continue all terms and conditions of the current agreement, with the exception of separating the Courts from the County and will continue to successfully provide long-term parking for the mutual benefit of employees of the County and the Courts working in Ukiah's downtown district. Therefore, staff is recommending approval of the agreements and authorization of the City Manager to execute the necessary documents. AGREEMENT BETWEEN THE CITY OF UKIAH AND COUNTY OF MENDOCINO FOR EMPLOYEE PARKING WITHIN UKIAH PARKING DISTRICT # 1 THIS AGREEMENT is made and entered into effective February 20,2003 by and between the CITY OF UKIAH, a municipal corporation, hereinafter referred to as "City"; and the County of Mendocino, hereinafter referred to as "County". RECITALS: A. City operates Municipal Parking District #1 for the purpose of providing off-street public parking within its downtown commercial district. B. County has requested of City the monthly permitted use of a maximum of sixty-five (65) parking spaces within the Parking District in order to provide parking for County Employees working within the City of Ukiah's downtown area. C. City desires to provide said spaces pursuant to the terms of this agreement. AGREEMENT: NOW, THEREFORE, IN CONSIDERATION of the terms, covenants, and conditions herein expressed, to be kept and performed by the parties hereto, IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS: , Permitted Parking. City does hereby agree, and County does hereby hire from City the parking spaces necessary to provide parking for a maximum of (65) sixty-five of Mendocino County employees working within the areas of Parking District #1 designated on the diagram attached hereto as Exhibit "A", incorporated herein by this reference. Individual employees may elect to park in additional locations within Parking District #1 subject to availability and prevailing rates provided the employee agrees to and does pay City the difference between the prevailing monthly rate and the $7.50 paid by the County. . Term. The term of this agreement shall be two (2) years commencing on the date above and ending June 30, 2005. This agreement may be extended for additional terms if mutually agreed to by both parties. . Fee. A. The County shall pay for the spaces provided to its employees under the terms of this Agreement at the rate of $7.50 per month for each employee the County requests the City to issue permits. The County shall pay City fees as follows: In the months of December, March, June & September the City shall bill the County, in advance, for quarters January, April, July, October for the actual number of permits held by County employees. . Termination. This agreement may be terminated upon one hundred eighty (180) days written notice by either party for any reason. . Use. County or its permitted assignees, shall comply with all applicable local codes and ordinances in connection with the use of the permitted parking spaces during the term of this agreement. County and City shall take all necessary steps to assure that County's employees utilize the designated parking provided by this agreement. . Waiver. No waiver by any party hereto of any breach of any term or condition of this agreement is to be construed as a waiver of any subsequent breach or as a modification of any term of this agreement. . Remedy for Breach. In the event that County should fail, refuse, or neglect to pay when due any installment of fees, or fail or refuse to keep, perform, or observe any covenant, agreement, or condition of this agreement, City shall have the right to terminate this agreement immediately. . . Notices. Whenever notice is permitted or required under this agreement, it shall be deemed given when personally served or when deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Attn: City Manager 300 Seminary Avenue Ukiah, CA 95482 County of Mendocino Attn: County Administrator 501 Low Gap Road Ukiah, CA 95482 , Legal Proceedings. Any legal action between the parties concerning this agreement shall be filed in the State Court in Mendocino County with subject matter jurisdiction, each party waiving any objections they may have to venue in Mendocino County 10. Bindinq Effect. This agreement benefits and is binding upon both parties, their successors, legal representatives, and assigns of. 11. Counterparts. This agreement may be executed in any number of counterparts which taken together shall constitute the same agreement. IN WITNESS THEREOF, the parties hereto have executed this agreement at the date and place indicated below. CITY OF UKIAH COUNTY OF MENDOCINO BY: BY: City Manager County Administrator ATTEST: Marie Ulvila, City Clerk ATTEST: Kristi Furman, Clerk of the Board BY: BY: PA:wd'03 MF~N'DO EMP. AGR AGREEMENT ..... ~ BETWEEN THE CITY OF UKIAH AND SUPERIOR COURT OF CALIFORNIA, COURT OF MENDOClNO FOR EMPLOYEE PARKING WITHIN UKIAH PARKING DISTRICT # 1 THIS AGREEMENT is made and entered into effective February 20,2003 by and between the CITY OF UKIAH, a municipal corporation, hereinafter referred to as "City"; and SUPERIOR COURT OF CALIFORNIA, Court of Mendocino hereinafter referred to as "Court". RECITALS: A. City operates Municipal Parking District #1 for the purpose of providing off-street public parking within its downtown commercial district. B. Court has requested of City the monthly permitted use of a maximum of sixty-five (65) parking spaces within the Parking District in order to provide parking for Court Employees working within the City of Ukiah's downtown area. C. City desires to provide said permits pursuant to the terms of this agreement. AGREEMENT: NOW, THEREFORE, IN CONSIDERATION of the terms, covenants, and conditions herein expressed, to be kept and performed by the parties hereto, IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS: , Permitted Parkinq. City does hereby agree to provide, and Court does hereby agree to purchase from City the parking permits necessary to provide parking for a maximum of (65) sixty-five of Superior Court employees working within the areas of Parking District #1 in parking lots designated on the diagram attached hereto as Exhibit "A", incorporated herein by this reference. Individual employees may elect to park in additional locations within Parking District #1 subject to availability and prevailing rates provided the employee agrees to and does pay City the difference between the prevailing monthly rate and the $7.50 paid by the Court. The Court will provide the City with an up-to-date list of employees on whose behalf it has paid and the City will issue a permit for a more expensive lot to that employee upon payment by the employee of the additional cost in accordance with the City's parking ordinances and resolutions. . Term. The term of this agreement shall be two (2) years commencing on the date above and ending June 30, 2005. This agreement may be extended for additional terms if mutually agreed to by both parties. . Fee. A. The Court shall pay for the permits provided to its employees under the terms of this Agreement at the rate of $7.50 per month for each employee to whom the Court requests the City to issue permits. The Court shall pay City fees as follows: In the months of December, March, June & September the City shall bill the Court, in advance, for quarters January, April, July, October for the actual number of permits held by Court employees. . Termination. This agreement may be terminated upon thirty (30) days prior written notice for any reason. The City shall refund to the Court any fees paid in advance for time periods accruing after the effective termination date. Said payments shall be made within fifteen (15) days of the effective termination date. . Use. Court or its permitted assignees, shall comply with all applicable local codes and ordinances in connection with the use of the parking permits during the term of this agreement. Court and City shall take all necessary steps to assure the Court's employees utilize the designated parking provided by this agreement. . Waiver. No waiver by any party hereto of any breach of any term or condition of this agreement is to be construed as a waiver of any subsequent breach or as a modification of any term of this agreement. , Remedy for Breach. In the event that either party should fail, refuse, or neglect to pay when due any installment of fees, or fail or refuse to keep, perform, or observe any covenant, agreement, or condition of this agreement, the other party shall have the right to terminate this agreement immediately. . Notices. Whenever notice is permitted or required under this agreement, it shall be deemed given when personally served or when deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Attn: City Manager Candace Horsley 300 Seminary Avenue Ukiah, CA 95482 Superior Court of California Attn: Court Administrator Tania Ugrin-Capobianco N. State & Perkins Streets Ukiah, CA 95482 . Legal Proceedings. Any legal action between the parties concerning this agreement shall be filed in the State Court in Mendocino Court with subject matter jurisdiction, provided that a disinterested out-of-county judge shall hear and decide any such action. 10. Binding Effect. This agreement benefits and is binding upon both parties, their successors, legal representatives, and assigns of. 11. Counterparts. This agreement may be executed in any number of counterparts which taken together shall constitute the same agreement. IN WITNESS THEREOF, the parties hereto have executed this agreement at the date and place indicated below. CITY OF UKIAH SUPERIOR COURT OF MENDOCINO BY: BY: City Manager Court Administrator ATTEST: Marie Ulvila, City Clerk BY: ATTEST: BY: PA:worddoc;fileparking'03 MendoC~urtcmp. agr AGREEMENT BETWEEN THE CITY OF UKIAH AND SUPERIOR COURT OF CALIFORNIA, COURT OF MENDOCINO FOR JUROR PARKING WITHIN UKIAH PARKING DISTRICT # 1 THIS AGREEMENT is made and entered into effective February 20, 2003 by and between the CITY OF UKIAH, a municipal corporation, hereinafter referred to as "City"; and the SUPERIOR COURT OF CALIFORNIA, Court of Mendocino hereinafter referred to as "Court". WITNESSETH: RECITALS: A. City operates Municipal Parking District #1 for the purpose of providing off-street public parking within its downtown commercial district. B. Court has requested of City the monthly permitted use of nineteen (19) parking spaces within and around Parking Lot C, bounded by Main, Smith, and Standley Streets, within City of Ukiah Parking District #1, in order to provide parking for Grand Jurors to the Mendocino County Courts. Court is further requesting the day use of available spaces on an as needed basis within the Parking District in order to provide parking for jurors called to duty by the Mendocino County Courts (Court). C. City desires to provide said spaces pursuant to the terms of this agreement. AGREEMENT: NOW, THEREFORE, IN CONSIDERATION of the terms, covenants, and conditions herein expressed, to be kept and performed by the parties hereto, IT IS MUTUALLY AGREED BY THE PARTIES AS FOLLOWS: 1. Permitted Parking. City does hereby agree, and Court does hereby hire from City the parking spaces necessary to provide parking as described in Paragraph B, of Recitals, in this agreement within the areas of Parking District #1 designated on the diagram attached hereto as Exhibit "A", incorporated herein by this reference. 2. Term. The term of this agreement shall be two (2) years commencing March 1,2003 and ending June 30, 2005. This agreement may be extended for additional terms if mutually agreed to by both parties. . Fee. a. The Court shall pay for the spaces provided to its Grand Jurors under the terms of this Agreement the semi-annual rate of $798.00. The Court shall pay City fees in advance as follows: by March 1,2003, for the first six months of the Agreement to and including July 31,2003; by August 1, 2003, for the next six months; and by February 1 and August 1 for each succeeding six month period thereafter. b. The Court shall furnish to City, on a monthly basis, printed reports of the number of Jurors called and City shall bill Court on a quarterly basis at the rate of $.50 per day per juror. 4. Termination. This agreement may be terminated upon one hundred (180) days written notice by either party for any reason. 5. Use. Court or its permitted assignees, shall comply with all applicable local codes and ordinances in connection with the use of the permitted parking spaces during the term of this agreement. Court and City shall take all necessary steps to assure that Court's jurors utilize the designated parking provided by this agreement. 6. Waiver. No waiver by any party hereto of any breach of any term or condition of this agreement is to be construed as a waiver of any subsequent breach or as a modification of any term of this agreement. 7. Remedy for Breach. In the event that County should fail, refuse, or neglect to pay when due any installment of fees, or fail or refuse to keep, perform, or observe any covenant, agreement, or condition of this agreement, City shall have the right to terminate this agreement immediately. 8. Notices. Whenever notice is permitted or required under this agreement, it shall be deemed given when personally served or when deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: City of Ukiah Attn: City Manager Candace Horsley 300 Seminary Avenue Ukiah, CA 95482 Superior Court of California Attn: Court Administrator Tania Ugrin-Capobianco N. State & Perkins Streets Ukiah, CA 95482 9. Legal Proceedings. Any legal action between the parties concerning this agreement shall be filed in the State Court in Mendocino County with subject matter jurisdiction, each party waiving any objections they may have to venue in Mendocino County 10. Binding Effect. This agreement benefits and is binding upon both parties, their successors, legal representatives, and assigns. 11. Counterparts. This agreement may I:;e executed in any number of counterparts which taken together shall constitute the same agreement. IN WITNESS THEREOF, the parties hereto have executed this agreement at the date and place indicated below. CITY OF UKIAH SUPERIOR COURT OF CALIFORNIA By By City Manager County Administrator PA:wd;parking;JURQRAGREEMENT'03 AGREEMENT BETWEEN THE CITY OF UK~H AND COUNTY OF MENDOChNO FOR EMPLOYEE PARKING WITHENI UKk4H PARKUNG DISTRICT # 1 TI~IS AGBIgES'I[ENT is made .and entered into effective July 1, ~000, by ~d bern'cea the C~ 0F ~~, a mmficipM ~rporatio~ herein~ter referred to ~ "City"; ~d the Count' of 5~endocino, herein~ter referred to ~ "~nnty" BEC!TALS: ' 2L City operates l~Ikmicipal Pm'king I)istrict #i for the purpose of prmfding off-street public parking xvithin its downtown commercial district B. County has requested of Cit3' the monthly permitted xtse of a ma_ximmn of one hundred thirty (130) pm'king spaces within the [Par]dug I)istrict in order to prmSde pax'king for Cmmty lgmployees worl6ng · withJu t, he City-of Ukiah's downtown area. C. City desir to provide said spaces pregnant to the terms of this agreement~ AOlqEEI~EN~. NOW, TI~F~EFOBE, IN CONS[DEBATION of the re,mas, covenants, and conditions herein expressed, to be kept and perfo~maed by the parties here~, IT IS i~[UTUAI~I~Y AGlqEED BY TW~ P~ AS ~'OLIX)WS: 1. Permit'ted Parking.. City does hereby 'agree, and ConntY does hereby hire from City the parking · spaces necessary'to provide parking for a maximum of (180) one hundred thirty- of l~Xendocino County employees ~;mrklng within the areas of Pm'king I)ist~'ict #1 designated on the diagran~ attached hereto as ]~xhibit 'A~, incorporated herein by this reference. Individual employees may elect to park in additionaJ locations within Paa'king I)istTict #1 subject to availability and prevailing rates provided the employee agrees to and does pay City the difference bet-ween the prevailing monthly rate and the $7.50 paSd by the County. 2. Te~m~. The term of this agreement shall be ~vo ('2) yem~s commencing on the date above and endi_ng September 80, 200'2. This agreement may be extended for additionaJ terms if mutually agreedto by both parties. , .. A. The County shall pay for the spaces provided to its employees under the texans of this Agreement at the rate of $7.50 per month for each employee the County requests the City to iasue permita The Couuty. shall pay City fees as follo~,~: In the months of I)ecember, Max'ch, .June & September the · C:i.t,y..sha,, bill' th'e Conr.~', in 'adYm~cc, fo,.' quaa't~n~ Jsamn','y, A. pril, .Jnl'~', Oct~ber for the ack, m!. inunber of permits held by County employees. · . _Termination. This agreement may- be terminated upon one hundred eighty (180) days written notice by either pax'ty for any reaso= Use. County or its permit'ted assignees, shall comply with all applicable locM codes and orrlinances in cmmection with the nsc of the permitted paa.'king spaces during the term of this agreement. County and Cit.',' shall tal;e all necessary steps to assm'e that County's employees utilize the designated pax'king provided by tiffs agreement, Waiver. No waiver by any party hereto of any breach of any term or condition of this agreement is to be consmted as a wa/.'ver of any subsequent breach or as a modification of any term of agreement. Remedy fro' Breach_. In the event that County should fail, refltse, or neglect to pay when due any installment of fees, or fail or retiree to keel), perform, or observe .an); covenant,, a~reement, or condition of this a~reement, City shall h~.ve ~he right to terminate this a-Sreement immediately. Notices. ~-henever notice is permitted or reqtfired under this a~dreement, it shall be deemed given When personally served or when deposited in the United States mail with propes: first class postage affixed ihereto and addressed as follox~s: City of Ukiah A~n: City Manager 300 Seminary Avenue Uki~,h, CA 95i8'2 County of Mendocino A~n: County Administrafor 501 ~ow Gap l~oad Ukiah, CA 95~82 ' 9. Legal Proceedings. Any legal action between fl~e p~'ties concermno tins agreemen~ shall be filed in the St~.~e Com't in Mendocino County with subject m~tter jurisdiction, each pazty waiving any obi ections they may have to venue in t~endocino Cmmty Binding Effect. Tiffs a~reement benefits and is binding upon both pm'ties, their successm% legal representatives, and assigns of. 11. Counterparts. This a~reement may be executed in any number of cmmterpa~m which tal(en together shall consti'mte the sa.me a~reemenk ~ NVITN~SS ~REOF, the pm'ties hereto have executed tizis a~reement at the date and place indicated [.[ / CITY OF .UYfTA_E[ · /¥ i'.- ', .' '~ .' /.:~.~ '~ BY: BY: \ '~... City iV~ana~er Chsd~unan~ Bom'd of Superviso~ ATYEST. A_PPB0~V-E AS TO ~_risti ~u'man, Clerk of the Boaxd ~. [Petal' Klein,County Counsel · S~-~ion 25'i ~S, d,':.~t,.ve~/oJ this doc~me~ i~s ~en m~e. HENRY ST HENRY SMITH ST SMITH PERKINS ST PERKINS I I CHURCH ST 5&10 hr meters 5 hr motors LU I-- Z LU I i-I Permit $12 I CHURCH STEPHENSON CLAY SEMINARY STEPHENSOF g 5&10 hr meters ITEM NO. 6g DATE: FEBRUARY 19, 2003 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM AYALA AND REFERRAL TO JOINT POWERS AUTHORITY, EMPIRE MUNICIPAL INSURANCE FUND CHARLENE REDWOOD The claim from Charlene Ayala was received by the City of Ukiah on February 5, 2003 and alleges damages related to a trip and fall at 1430 North State Street on August 23, 2002. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Charlene Ayala And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Charlene Ayala, pages 1-2; APPROVED: ~~-~-e-D~~ Candace Hor Manager mfh:asrcc03 0219CLAIM ,! NOTICE OF CLAIM AGAINST :t .... THE CITY OF_UK1AH, CALIFORNIA $~a~ of Ca~fomia, by ~he claimant or by a per=on acffng on hLs~er /aeha]f, RETURN COMPLETED FG~M TO: C/TY O;= UK/AH Attn: City Clerk 300 Seminary Avenue Uldah, California 95482 . C L~flM~N~S NAME: Char. len..e Ayala 2. CLA)MANT'$ ADDRESS: C/O M..ax .Ruffcorn, Esa,, .P,Q. Num~r~tree~ an44~ P~d' O~e Box Lakeport, CA 95453 .... [707] 263-8114 Work Phone Number PERSON TO YV~OM NOTICES REGARDING'THIS CLAIM ~RIflC)ULD BE SENT (if drrfferent from above): N~ D .n p~--~ , , ~07) 263=8114 c~ ' ' s~o ~'~e 4. DATE OFTMEACCIDENTOR OCCURRENCE: August 23, -2002 5. PLACE OF ACCIDENT OR OCCURRF_~CE: About 1430 North STate Street , · GENERAL DESCRIPTION OF TME ACCIDENT OR OCCURRENCE (Attaoh ed~b'~nai pa~;e(s), ff more space Is neIded): ...... Cl. aimgnt' tripped and stumbled after he.r _shoe. · -'~ w , .......... ~ ....... to fall, .......- injuri~. ........ 4 NAME(3)o ff ](mown, OF ANY PUBLIC EMPLOYEE[S) ALLEGEDLY CAUSING THE INJURY OR LOSS: ____Unknown ,at_ this tim~_~ _ . ___~_ _ ~ , I ii m , - ~ : · m ' I .111 i ., m . -- -- ?7' * Wi;NESS(ES), if known (optional): Name Address Telephone a. , [In~nnwn Rf hhi_q ~imm; but e~p!ol, aaE of Z-~ck'~_ - ---- Name 44~m~ Telephone a.= __ Sutter. Lakeside, _~5_176. Hill Road Rast. T.akeport: C_A 707_-2~-50n0 10. GENERAL DESCRIPTION OI= THE IN~EBT-EDNE$$. OBUGATION, INJURY~ DAMAGE OR LOSS so far a.~ ~t .my t~ known af the tt'rt~ of pmsanm#on of the ~lalm: ..... _. __ ~_ ~ _,. ~ _in tha .form n~_ ~.ue_~._ -. ahr~-~qo~2-. ~,.,~]_]_ ~ng__,~a s*~~ ........ _ 11. STATE THE AMOUNT CLAIMED if if totals less than ten thou=and dottam ($10,0,00) as of fha date of pre=onfa§on of ~he claim, including fha esfimated amount of any prospective injury, damage o. r loss, insofar a.~ it may be k~own at the time of the pre~enfaEo~ of fha claim, together with fha basis of ~ornpufation of fha amount claimed (for computa#on use #~2 below). However, if the amount ofaimed exceed= ten thousand doftars ($10,000), no dollar amount shall be included ~n fha clai~ However, it =hall/nd/cafe whefher the claim would be a limited civil case (CC_J= § ~5).' Amount Cl=lmed $ 5,5 0 0 ~-- _ or Applicable Jurisdiction 12. TH~ BASIS OF COMPUTING TIlE TOTAL AMOUNT CLAIMED , a. Damages Incurred to date: Expenses for mediceVho~pitai care: Lo~s of earnings: Spec. iai damages foc pa~n.~ R,~ff~r~no -- : ..... IL-: - .- r -- · I. - , b. Estimated prospective damagea as far a~s known: Future expenses for medical and hospital care: $ Future lo,,~ of earnings: $ Other pro~pecEYe ~pecial damages: $ Prospective ge.natal damages: I$ Aa FOLLOWS: $ 1,000 _ _ $_~_~nO_.. · I , 000 $. s. . ,., a~on for death orfor injury to the pemon otto personal property or growing crops shall be presented not later than ~ix (6) calendar months or 182 days after the aocrual of the cause of acEon, whichever is longer. C/ainl~ mlaEr~ Dated:_ 2-_3~- 0__3 _-. _ ..... ////~,/~, /'~.,/,~4~,~- _ _ im i j _. El _ I . --: - eceived in the O~ce of ~e ~ ~e~ thi~ ~ day of ' "" ' .... ... . ..... --' ~T~' ~ fo~ of ~ ~ for yo~ c~nl~n~ o~, ~y ~u ~h~ s~ ~ ~u~ ef ~ur ~oice ~ ~ur ~ AGENDA ITEM NO: 8a DATE: February19, 2003 SUMMARY REPORT SUBJECT: APPROVAL OF GENERAL PLAN HOUSING ELEMENT UPDATE COMMITTEE SUMMARY: The City Council recently directed Staff to extend the recruitment for General Plan Housing Element Update Committee members. In response, Staff issued two separate press releases to eight radio stations, the Press Democrat, Ukiah Daily Journal, Willits News, and the Parents Journal. Staff received one letter if interest from Mr. William French, a 28-year old renter with aspirations to someday buy a home. Staff believes that Mr. French will diversify the Committee, and provide the perspective that the Council desires. Staff is able to conclude that the committee is well rounded with broad community representation. Accordingly it is recommended that the Council confirm the Committee membership. Proposed Committee Membership: 1. Paul Andersen, City Council 2. Katie Edwards, City Planning Commission 3. Charley Stump, Director of Planning and Community Development 4. Duane Hill, Rural Community Housing Development Corporation 5. Ramona Ansolabehere, Mendocino County Housing Coordinator 6. John Lazaro, Coldwell Banker Mendocino Realty 7. Mary Lindley, Public 8. Ana Araiza, Public 9. William French, Public RECOMMENDED ACTION: Approve the proposed membership of the General Plan Housing Element Update Committee. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the membership of the Committee and provide direction to Staff. Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: ~ Candace Horsl nager AGENDA TI'EM NO' MEE'I'[NG DATE: 8b February 19, 2003 SUMMARY REPORT SUB3ECT: CONSTDERATTON AND POSSTBLE ACTI'ON REGARDI'NG REVTSZONS TO PROCEDURES OF CONDUCT POLI'CY In October 2002, the City Council discussed adopting a Code of Ethics policy for elected officials. After extensive discussion, the City Council elected to revise the existing Procedures of Conduct, rather than develop and adopt a Code of Ethics policy for elected officials. Procedures of Conduct for the City Council meetings were adopted in 1976, and have been revised several times, most recently in .lune 2000. These procedures contain details regarding the meeting time and place, preparation and posting of agendas, powers and duties of the presiding officer, and rules of order for decorum, debate and motions during the Council meeting. However, they do not elaborate on roles and responsibilities of the City Council and of City staff. (Continued on page 2) RECOMMENDED ACTTON: Review suggested revisions to Procedures of Conduct and provide direction to staff. ALTERNATTVE COUNCTL POL]:CY OPTTONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager N/A 1. City of Ukiah Procedures of Conduct 2. Suggested additions to the Procedures of Conduct Approved: Candace Horsley, '~ity Manager 4:CAN/ASR. ProceduresofConduLt. 21903 Past Mayor Ashiku returned to the City Council in December 2002 with a suggested revision regarding Council conduct with City staff. Vice Mayor Baldwin suggested several grammatical revisions, and requested the recommendations come back once the new Council had been seated. Staff has reviewed the Procedures of Conduct, and also the suggested revisions regarding Council conduct with City staff. Based on the various questions that have been asked of the City Manager during her tenure, she has developed an additional list of roles and responsibilities for Council's purview. This would include the responsibilities of the Mayor, Vice Mayor, and Councilmembers, Council conduct with one another, Council conduct with the public, and Council conduct with other public agencies. These additions were based on Procedures for Conduct from other cities that had been adopted by their Councilmembers. This overview will provide an excellent guideline for new Councilmembers, who may not have had previous experience an as elected official. Staff is requesting Council's review and discussion of this revision to the Procedures of Conduct. ]:f revised and approved by the Council, staff will incorporate the new sections into the existing Procedures of Conduct. PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIA H City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Last revised: 3une 2:[, 2000 TABLE OF CONTENTS SECTION 1. CITY COUNCIL MEETINGS ......................................................................... Special Meetings/Time and PLace/Notices ............................................................ .1. Open to the PubLic/Exception ........................................................................... 1. Closed Sessions/Disclosure of Information ............................................................ .1. SECTION 2. AGENDA2 Preparation and Posting of Agendas ................................................................... 2. Order of Business ......................................................................................... 2. SECTION 3. COUNCIL CORRESPONDENCE .................................................................... 2 AvaiLability to the PubLic ................................................................................ 2. Authority of the City Manager ........................................................................... 2. SECTION 4. PRESIDING OFFICER. .............................................................................. .3 Powers and Duties ........................................................................................ 3. A. Participation ..................................................................................... .3. B. Signing of Documents ............................................................................ 3. C. Sworn Testimony ................................................................................. 3. D. Discussion of and Action on Agenda Items ................................................... 3 SECTION 5. RULES OF ORDER ................................................................................. .4 III. RuLes of Order/FaiLure to Observe ..................................................................... .4. RuLes of Decorum ......................................................................................... .4. A. CounciLmembers ................................................................................. .4. B. Employees ........................................................................................ .4. C. Persons Addressing the Council ................................................................ D. Members of the Audience ....................................................................... .4. E. Dangerous Instruments .......................................................................... .4. F. RuLes of Decorum/Enforcement ............................................................... Rules of Debate ........................................................................................... 5. A. Getting the FLoor ................................................................................. 5. B. Questioning the Staff ............................................................................ 5. C. Interruptions ..................................................................................... D. Points of Order ................................................................................... _5. E. Points of Personal PriviLege ..................................................................... 5. F. Privilege of CLosing Debate ..................................................................... 5. G. Limitation of Debate ............................................................................. 5. SECTION 6. MOTIONS ............................................................................................ 5 I. After Motions are Made and Hearings are Closed ..................................................... ~ SECTION 7. VOTING PROCEDURE .............................................................................. 6 II. III. IV. V. VI. VII. Seating Arrangement for Council ....................................................................... 6. Question to be Stated ................................................................................... ~. Registration of Votes ..................................................................................... ~. Voting Procedures/Disquatification .................................................................... 6. Failure to Vote ............................................................................................ b. Tie Votes ................................................................................................... 7.. Changing Votes/Abstention .............................................................................. 7. SECTION 8. RECONSIDERATION OF ACTIONS ................................................................ 7 SECTION 9. PUBLIC HEARINGS ................................................................................. .2' III. IV. V. VI. Public Hearings Defined ................................................................................. .Z. Submission of Documents ................................................................................ A. Time and Submission ............................................................................ 8. B. Manner of Submission ............................................................................ 8. Notice of Hearing ......................................................................................... Viewing the Site .......................................................................................... Making a Decision ......................................................................................... Conduct of Public Hearing ............................................................................... 9. A. Order of Proof .................................................................................... .c~. B. Time Limitations ................................................................................ .9. C. Manner ........................................................................................... D. Spokesmen for Groups of Persons ............................................................ 10 SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS .................................................. 10 Motions .................................................................................................... 10 Resolutions ............................................................................................... 10 Ordinances ................................................................................................ 10 A. Reading of Ordinances ......................................................................... .1.1 SECTION 11. MINUTES/PREPARATION AND CHANGES. .................................................... 11 Minutes/Request for Detail ............................................................................ .1.1 Minutes/Reading ......................................................................................... ;1.1 Minutes/Entry of Statements .......................................................................... .tl Entry of Protests .......................................................................................... ;I.1 SECTION 12. SPECIAL COMMITTEES ..........................................................................1.1 4:Sec:Table.Con PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH SECTION 1. CITY COUNCIL MEETINGS The Ukiah City Council meets regularly on the first and third Wednesday of each month at 6:30 p.m. The Council meetings are held at the Civic Center Council Chambers, located at 300 Seminary Avenue. Consolidated Resolution Nos. 76-45, 77-44, 87-41,87-45, 90-53, 97-57, and 00-46 setting forth procedural guidelines for the conduct of City Council meetings, are as follows: I. Special Meetings/Time and Place/Notices Special City Council meetings may be called at any time by the Mayor or by three (3) members of the Council by directing the City Clerk to deliver or mail a written notice to each Councilmember, to each local newspaper of general circulation, radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as set forth in the notice. The call and notice shall set forth the time and place of the special meeting, which may be at a time and place different from the regular meeting time or place, and the business to be transacted. A copy of the notice shall also be posted at or near the door to the City Hall Council Chambers. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Councilmember who, at or prior to the time the meeting convenes, files with the City Council a written waiver notice. Such waiver may be given by telegram. The written notice may also be dispensed with as to any Councilmember who is actually present at the meeting at the time it convenes. II. Open tothe Public/Exception All regular and special meetings of the Council shall be public; provided, however, the Council may hold closed sessions during a regular or special meeting, from which the public may be excluded in accordance with applicable provisions of state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.). II1. Closed Sessions/Disclosure of Information No member of the Council, employee of the City, or any other person present during a closed session of the Council, shall disclose to any person the content or substance of any discussion which took place during such closed session unless the Council shall, by majority vote, authorize the disclosure of such information. SECTION 2. AGENDA I. Preparation and Posting of Agendas Except for documents or information prepared by City staff that is not available by 12:00 noon on Wednesday, but in the City Manager's judgment should be included with the agenda prior to its delivery to members of the City Council, all reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting, shall be delivered to the City Clerk no later than 12:00 noon on Wednesday, six (6) working days preceding the meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda and supporting documents shall be delivered to the members of the Council on the Friday preceding the Wednesday Council meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the City Council. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting, as well as the time and location of the meeting. The City Manager shall review the items to be placed on the agenda and place those items which he or she believes to be of a routine non-controversial nature and are properly documented, on for adoption by a single motion. This item shall be the Consent Calendar, and it shall take the request of only one Councilmember to remove an item from the Consent Calendar. II. Order of Business The business of the Council and the order of its agenda shall be in such form, as the Council may from time to time adopt by resolution. SECTION 3. COUNCIL CORRESPONDENCE I. Availability to the Public Correspondence addressed to the Council and received by the City Clerk or any other officer or employee of the City, shall not become a public record until received and filed by the Council at a regular, special, or adjourned meeting of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. I1. Authority of the City Manager The City Manager is hereby authorized to open and examine all mail or other written communications addressed to the City and to give them immediate attention to the end, that all administrative business referred to in such communications, and not necessarily requiring Council action, may by acted upon between Council meetings; provided, however, mail addressed to individual Councilmembers shall not be opened without the consent of the Councilmember. SECTION 4. PRESIDING OFFICER The mayor shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor, the City Clerk shall call the Council to order, whereupon, a temporary presiding officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Vice Mayor or until adjournment. Wherever in this article the term Mayor is used, it shall apply equally to the presiding officer as set forth in this section. I. Powers and Duties A. Participation: The presiding officer may move, second, debate, and vote from the Chair. B. Signing of Documents: The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case the signature of an alternate presiding officer may be used. Co Sworn Testimony: The presiding officer may require any person addressing the Council to be sworn as a witness and to testify under oath, and the presiding officer shall so require, if directed to do so, by a majority vote of the Council. Do Discussion of and Action on Agenda Items: Under rules, as shall be determined from time to time by the Mayor, the public shall be offered an opportunity to address at the meeting, any item included on the agenda. The City Council shall not take action on any item not appearing on the posted agenda unless: 1) a Council majority determines that an "emergency situation", as defined herein, exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous vote if less than two-thirds (2/3) of the City Council are present, that a need to take immediate action on the item arose subsequent to the posting of the agenda; or 3) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which the action is taken and was continued to the meeting at which the action is taken. As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 5. RULES OF ORDER In the event of questions as to procedure not set forth in this article for Council meetings, the Chair shall be guided by the rules of general parliamentary procedure. I. Rules of Order/Failure to Observe Rules adopted to expedite the transaction of the business of the Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting, which is otherwise held in conformity with law. II. Rules of Decorum A. Councilmembers: While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking, nor refuse to obey the orders of the presiding officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer. B, Employees: Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the Council. However, members of the City staff and employees may leave their seats during a meeting without first obtaining the permission of the presiding officer. C, Persons Addressing the Council: Any person making impertinent, slanderous, or profane remarks, or who become boisterous while addressing the Council, shall be called to order by the presiding officer, and if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further attendance before the Council during that meeting. D, Members of the Audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, is guilty of a misdemeanor under the provisions of State law, and, upon instructions from the presiding officer, it shall be the duty of the sergeant at arms to remove such person from the Council Chamber and to place him under arrest. E, Dangerous Instruments: No person may enter the chambers of a legislative body, as defined in Section 54852 of the Government Code of the State, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons. F, Rules of Decorum/Enforcement: The Chief of Police, or such members of the Police Department as the Chief of Police may designate, shall be sergeants at arms of the Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so. III. Rules of Debate A, Getting the Floor: Every Councilmember desiring to speak at a Council meeting shall first address the Chair, gain recognition by the presiding officer, and confine himself to the question under debate, avoiding personalities and indecorous language. B. Questioning the Staff: Every Councilmember desiring to question the City Staff shall, after recognition by the presiding officer, address his questions to City staff. C. Interruptions: A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order while speaking, he shall cease speaking until the question of order is determined to be in order, then he may proceed. Members of the City Staff, after recognition by the presiding officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer. D, Points of Order: The presiding officer shall determine all points of order, subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained"? A majority vote shall conclusively determine such question of order. E, Points of Personal Privilege: The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the presiding officer recognizes the privilege. F. Privilege of Closing Debate: The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate. G, Limitation of Debate: No Councilmember shall be permitted to speak more than once on any particular subject until every other Councilmember desiring to do so shall have spoken. SECTION 6. MOTIONS A motion by any member of the Council, including the presiding officer, may not be considered by the Council without receiving a second. I. After Motions are Made and Hearings are Closed After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Council. SECTION 7. VOTING PROCEDURE I. Seating Arrangement for Council The Mayor shall sit in the center chair of the Council; the next senior Councilmember (and if there is more than one of the same seniority, then by highest vote count at that election) shall sit alternately on the left and right of the Mayor. II. Question to be Stated Upon moving the question, the presiding officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member, with Mayor voting last. III. Registration of Votes Any vote of the Council, including a roll call vote, may be registered by the members by answering "aye" for an affirmative vote or "no" for a negative vote upon the name of the Councilmember. IV. Voting Procedure/Disqualification Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest, shall publicly state, or have the presiding officer state, the nature of such disqualification in open meeting. A Councilmember who is disqualified by reason of a conflict of interest in any matter, shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the Council table and leave the Council Chamber. A Councilmember stating such disqualification shall not be counted as a part of a quorum, and shall be considered absent for the purpose of determining the outcome of any vote on such matter. V. Failure to Vote Councilmembers present at a City Council meeting shall vote unless disqualified by reason of a conflict of interest or where the Councilmember in good faith believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed vote on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives "aye" votes from a majority of the Councilmembers present at the meeting, 6 VI. VII. provided a quorum is established. Councilmembers abstaining shall be counted in determining whether a quorum is present. Tie Votes Tie votes shall be lost motions and may be reconsidered. Changing Votes/Abstention A Councilmember may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time the next item in the order of business is taken up. A Councilmember who publicly announces he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 8. RECONSIDERATION OF ACTIONS A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at recessed or adjourned session thereof. Such motion may be made only by one of the Councilmembers who voted with the prevailing side. The provision of this section shall not be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 9. PUBLIC HEARINGS I. Public Hearing Defined A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property, or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The following is a general summary description of quasi-judicial and legislative hearings. The discussion is not intended to change the general California law governing this subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited number of individual applicants, in which the City Council is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include appeals from land use decisions by the Planning Commission, such as those concerning use permits, variances, and site development permits. Generally, a quasi-legislative decision generally is a decision to make or amend rules affecting a whole class or large number of persons. The City Council is required to seriously consider evidence presented during quasi-legislative hearings, but it is not legally required to base its decision exclusively on the evidence presented. Examples of quasi-legislative decisions include the adoption or amendment of zoning ordinances, ? general plan amendments, and other ordinances. II. Submission of Documents In order to give adequate consideration to written documents, the following rules shall apply: A, Time and Submission: Any written document, whether containing factual information or legal or policy arguments exceeding 250 words, must be submitted to the City Clerk six (6) calendar days prior to the scheduled hearing date. Photographs or other graphic depictions may be filed at the hearing. 1. If the submission deadline falls on a legal holiday or weekend, the document must be submitted the last working day prior to the submission deadline. , The City Council shall exclude from the record and not consider any document submitted after the submission deadline, unless upon a motion by a Councilmember, a majority of the Councilmembers present at the hearing vote to consider the document. A decision to consider a document not timely filed shall be considered automatic grounds to continue the hearing, although a continuance shall require a specific motion adopted by a majority of the Councilmembers present at the meeting. S. Manner of Submission: All documents must be presented to the City Clerk for consideration at the hearing. No documents presented to the individual Councilmembers prior to the hearing shall be considered as part of the hearing record. 1. To be considered, an original and seven (7) copies must be filed with the City Clerk. , Upon receipt, the City Clerk shall date stamp as received the original and all copies. Upon request, the City Clerk will furnish the proponent of the document with a date stamped copy. The City Clerk shall immediately distribute copies of the submitted documents to the individual Councilmembers, the City Manager, and the City Attorney. The City Clerk shall retain the original and include it in the hearing record, which the City Clerk shall compile and maintain. III. Notice of Hearing Any notice of a public hearing shall include a statement that anyone wishing the City Council to consider a document exceeding 250 words must submit the original document and seven (7) legible copies to the City Clerk not less than six (6) calendar days prior to the scheduled meeting date. IV. Viewing the Site In Quasi-Judicial hearings involving specific property, it shall be the duty of all Councilmembers to view the site prior to the hearing. At the beginning of the hearing the Mayor shall poll the Councilmembers to establish, on the record, whether they have viewed the site. If any Councilmember indicates that he or she has not viewed the site, the hearing shall be continued to the next regular meeting date. In viewing the site, no Councilmember shall have any discussion with project proponents or opponents. In quasi-legislative public hearings involving specific property, any Councilmember may, but are not required to, view the site. In such hearings, Councilmembers may, but are not required to, reveal on the record whether they have viewed the site. V. Making a Decision In quasi-judicial hearings, the City Council shall base its decision exclusively on the record, including documents submitted in accordance with this rule and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the City Council made its decisions, and to determine whether the decision is based on lawful principles. Where possible, the staff report to the City Council shall include proposed findings for the City Council consideration. In quasi-legislative hearings, the City Council shall seriously consider all documents submitted in compliance with this rule and testimony and oral argument presented during the hearing. The motion deciding the matter need not include specific findings of fact. The decision shall comply with any specific legal requirements applicable to the particular matter. VI. Conduct of Public Hearing As presiding officer, the Mayor shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines, the Mayor shall use his or her discretion in presiding over the hearing. A, Order of Proof: Generally, all those supporting an application or measure shall present their evidence and argument first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If during the rebuttal project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. Bo Time Limitations: The Mayor may impose time limitations on all those wishing to present evidence or argument. The Mayor may prevent the presentation of 9 C, D. irrelevant, repetitive, or cumulative testimony or argument. Manner: Each person desiring to address the Council shall step up to the microphone reserved for that purpose, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing, if he represents an organization or other persons, and unless further time is granted by a majority vote of the Council, shall limit his remarks to five (5) minutes, All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be directed to a Councilmember or a member of the City staff without the permission of the presiding officer. Spokesmen for Groups of Persons: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, and in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS Official actions of the Council shall be in the form of motions, resolutions, and ordinances. I. Motions Motions shall be used to express decisions of the Council on routine questions or matters of temporary importance, or to give instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Councilmember. II. Resolutions Resolutions shall be used to express decisions of the Council of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions may be used to transfer appropriate funds within the budget or to appropriate funds. III. Ordinances Ordinances shall be used to adopt formal policy, in the exercise of the police power, and in other instances required by law. The manner of introduction and adoption shall be as provided, as stated in the Resolution section above. 10 A, Reading of Ordinances: At the time of the second reading of an ordinance, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by the unanimous consent of all the Councilmembers present. The waiver of the reading of such ordinance shall be accomplished by regular motion adopted by a unanimous vote of the Councilmembers present. SECTION 11. MINUTES/PREPARATION AND CHANGES The City Clerk shall have the exclusive responsibility for the preparation of the minutes of Council meetings, and any directions for changes in the minutes shall be made only by a majority action of the Council. I. Minutes/Request for Detail During a Council meeting any Council member may request the City Clerk to include in the minutes for that meeting a verbatim transcript of any portion of the meeting designated by the Council member. If so requested, the City Clerk shall include the verbatim transcript of such segment in the draft minutes presented to the City Council for approval, unless the request is rejected by a majority vote of the City Council. II. Minutes/Reading Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading, if the City Clerk has previously furnished each Councilmember with a copy. III. Minutes/Entry of Statements A Councilmember may request through the presiding officer of a Council meeting, the privilege of having an abstract of the statement of such Councilmember on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be inserted in the minutes. IV. Entry of Protests Any Councilmember shall have the right to have the reasons for his dissent from, or his protest against, any action of the Council entered in the minutes, and shall be made in the following manner: "/would like the minutes to show that I am opposed to this action for the following reasons..." SECTION 12. SPECIAL COMMITTEES All special Council committees shall be appointed by the presiding officer with a majority 11 consent of the Council. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge, or upon an order of the presiding officer or majority of the Council. 4:CC:PROCEDUR.cc Rev:600 12. Overview of Roles and Responsibilities Mayor · Acts as the official head of the City for ceremonial purposes · Chairs City Council meetings · Maintains order, decorum, and the fair and equitable treatment of all speakers · Keeps discussion and questions focused on specific agenda item under consideration · Recognized as spokesperson for the City · Selects substitute for City representation when Mayor cannot attend · Determines appropriateness of proclamations, Special Orders of the Day, etc. · Leads the Council as an effective, cohesive working team · Signs documents on behalf of the City Vice Mayor · Performs the duties of the IVlayor if the Mayor is absent or disabled · Chairs Council meetings at the request of the IVlayor · Represents the City at ceremonial functions at the request of the IVlayor All Councilmembers All members of the City Council, including those serving as Mayor and Vice Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect. Council Conduct with One Another Public Meetings Use Formal Titles · The Council should refer to one another formally during public meetings as Mayor, Vice Mayor or Councilmember followed by the individual's last name. Practice civility and decorum in discussions and debate · Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. This does not allow, however, Councilmembers to make belligerent, personal, impertinent, slanderous, threatening, abusive, or disparaging comments. No shouting or physical actions that could be construed as threatening will be tolerated. Honor the role of the Chair in maintaining order · ]:t is the responsibility of the Chair to keep the comments of Councilmembers on track during public meetings. Councilmembers should honor efforts by the Chair to focus discussion on current agenda items. If there is disagreement about the agenda or the Chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure. Avoid personal comments that could offend other Councilmembers · ]:f a Councilmember is personally offended by the remarks of another Councilmember, the offended Councilmember should make notes of the actual words used and call for a "point of personal privilege" that challenges the other Councilmember to justify or apologize for the language used. The Chair will maintain control of this discussion. Demonstrate effective problem-solving approaches · Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. Council Conduct with City Staff Governance of a city relies on the cooperative efforts of elected officials, who set policy, and City staff, who implement and administer Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. Treat all staff as professionals · Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Poor behavior toward staff is not acceptable. Limit contact to specific City staff · Questions of City staff and/or requests for information should be directed to the City Manager. ]:f a request will require substantial time commitment of staff, the City Manager will first request Council's approval. Requests for follow-up or directions to staff should be made only through the City Manager. When in doubt about what staff contact is appropriate, Councilmembers should ask the City Manager for direction. Materials supplied to a Councilmember in response to a request may be sent to all members of the Council so that all have equal access to information. Do not disrupt City staff from their jobs · Councilmembers should not disrupt City staff while they are in meetings, on the phone, or involved in performing their job functions. An appointment can be made, if the staff cannot meet immediately. Never publicly criticize an individual employee · Council should refrain from publicly criticizing the performance of a City employee. Additionally, Councilmembers should avoid criticizing or challenging the employee directly. Comments about staff performance are to be made to the employee's Director or to the City Manager. Do not get involved in administrative functions · Councilmembers must not attempt to influence City staff regarding awarding contracts, selecting consultants, processing development applications, or granting City licenses and permits. Check with City staff regarding correspondence before taking action · Before sending correspondence, Councilmembers should check with the City Manager to see if an official City response has already been sent or assure an individual response does not contradict a City response. Do not attend unofficial meetings with staff unless requested by staff or pre- arranged · Councilmember presence at such meetings may imply support, show partiality, intimidate staff, and hamper staff's ability to do their job objectively. Limit requests for staff support Routine secretarial support will be provided to all Councilmembers. The City Clerk will copy the City Manager on Council mail that requires action, and the City Manager's response will be copied to the Council. Requests for additional staff support, even in high priority or emergency situations, should be made to the City Manager, who is responsible for allocating City resources in order to maintain a professional, well-run City government. Council Conduct with the Public :In oublic meetings Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Councilmembers when participating in the public forum. Every effort should be made to be fair and impartial in listening to the public testimony. Ask for clarification, but avoid debate and argument with the public · Only the Chair may interrupt a speaker during a presentation. However, a Councilmember may ask the Chair for a point of order if a speaker is off topic or exhibiting unruly behavior or inappropriate language the Councilmember finds disturbing. :If a speaker becomes flustered or defensive by Council questions, it is the responsibility of the Chair to focus the speaker and to maintain the order and decorum of the meeting. Questions by Councilmembers to members of the public testifying should be succinct and asked to clarify or expand information. :It is never appropriate to belligerently challenge or belittle a speaker. Councilmembers should avoid personal opinions or inclinations about upcoming votes until after the public hearing is closed. unofficial settings Make no promises on behalf of the Council · Councilmembers will frequently be asked to explain a Council action or to express the City's intentions as they meet and talk with constituents in the community, it is appropriate to give a brief overview of City policy and to refer to City staff for further information. It is inappropriate to overtly or implicitly promise City action, or to promise City staff will take specific action (fix a pothole, provide labor for a project, plant new flowers in the median, etc.). Council Conduct with Other Public Agencies Be clear about representing the City or personal interests · ]:f a Councilmember appears before another governmental agency or organization to give a statement on an issue, the Councilmember must clearly state: 1) if his or her statement reflects personal opinion or is the official stance of the City; and 2) whether this is the majority or minority opinion of the Council. · :If the Councilmember is representing the City, the Councilmember must support and advocate the official City position on an issue, not a personal viewpoint. ]:f the Councilmember is representing another organization whose position is different from the City, the Councilmember should withdraw from voting on the issue if it significantly impacts or is detrimental to the City's interest. Council- members should be clear about which organization they represent and inform the Mayor and Council of their involvement. Correspondence should be equally clear regarding representation · City letterhead may be used when the Councilmember is representing the City and the City's official position. A copy of official correspondence should be given to the City Clerk to be filed in the Council Office as part of the permanent public record. ]:t is best that the City letterhead not be used for correspondence of Councilmembers representing a personal request by a public member, a personal point of view, or a dissenting point of view from an official Council position. However, should Councilmembers use City letterhead to express a personal opinion, the official City position must be stated clearly so the reader understands the difference between the official City position and the minor viewpoint of the Councilmember. ITEM NO: 9a DATE: February 19, 2003 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF CONTRACT WITH PAS & ASSOCIATES FOR THE PREPARATION OF A REVISED GENERAL PLAN HOUSING ELEMENT SUMMARY: The 2002-2003 budget includes funds to update the General Plan Housing Element as required by State law. Accordingly, Staff issued a Request For Proposals (RFP) and received two proposals from professional consulting firms. On January 30, 2003, Staff and Housing Element Update Committee members Paul Andersen and Katie Edwards interviewed both firms, and selected PAS & Associates as the number one choice. This Agenda item is seeking City Council approval of a contract with PAS & Associates to prepare a revised General Plan Housing Element for a cost not to exceed $37,490.00. The Draft contract includes language to allow the City Manager to authorize minor additional tasks if they arise, provided they do not exceed the total amount budgeted ($50,000) for this project in the 2002-2003 City budget. While the contract has been reviewed and found acceptable by the City Attorney, he is currently reviewing the Exhibit "A" (Proposal), and there may be minor changes based on his review. PAS & Associates: PAS & Associates is a planning consulting firm based in Sonoma County providing services to both the public and private sectors. They produce General Plans, housing (continued on page 2) RECOMMENDED ACTION: Approve the contract with PAS & Associates to prepare a revised General Plan Housing Element for a cost not to exceed $37,490.00, except for minor additional tasks authorized by the City Manager. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the contract and provide direction to Staff. Citizen Advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and David Rapport, City Attorney Attachments: 1. Draft Contract A P PROVE D :(,,..J~,. '~~--~,..., C~Ce H~rsley, C~ty~lanager Elements, Specific Plans, and zoning ordinances. For the private sector, they produce master plans and site plans for residential and mixed use projects. Paul-Andre Schabracq is the Principal in the firm, and would be the project manager on our Housing Element update project. He is the former Planning Director for the City of Cotati, and understands planning from the public sector perspective. He has developed a strong working relationship with the State Office of Housing and Community Development, and has been a leader with innovative approaches to housing strategies for small communities. In the interview process, Mr. Schabracq distinguished himself by initiating discussions of creative approaches to discovering communities and finding solutions to their housing problems. His primary strategy for "discovering" our community is to walk the city and perform a parcel- by- parcel analysis of underdeveloped sites. He is a strong advocate of infill and mixed-use development, green building, sustainable development, and live/work programs. CONCLUSION: PAS & Associates has submitted a comprehensive and progressive proposal for updating our General Plan Housing Element. They were unanimously selected as the number one choice by the interview panel, and have proposed a personalized approach within our budget. Staff recommends approving the contract with PSA & Associates with language that allows the City Manager to authorize minor additional tasks beyond the scope of work, provided they do not exceed the overall budget for the project. RECOMMENDATION: Approve the contract with PAS & Associates to prepare a revised General Plan Housing Element for a cost not to exceed $37,490.00, except for minor additional tasks authorized by the City Manager. CITY OF UKIAH AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF AN UPDATED GENERAL PLAN HOUSING ELEMENT This agreement shall be considered a contract, and is entered into this ~ day of , 2003 (effective date), by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and PAS & Associates, a professional corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of an updated General Plan Housing Element. The scope of work is more particularly described in the Exhibit "A", attached to this agreement. CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion of such Study. This work has been determined by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional Study/Report preparation services as described in Exhibit "A," which consists of the scope of work, dated November 2002, which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 1.03 1.04 1.05 1.06 1.07 2.01 2.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the updated General Plan Housing Element shall be made and prepared in accordance with generally accepted professional practices. CONSULTANT shall bear the expense of all printing and reproduction costs until the final Study/Report is accepted by the CITY, at which time CONSULTANT shall turn over to CITY all documents. CONSULTANT shall deliver the following number of copies of the project documents: 2 Public Information Newsletters (1 camera ready copy or 1 electronic copy), Housing Issues and Concerns Background Report (25), Administrative Draft Housing Element (25), Public Hearing Draft Housing Element (25), Final Adopted Housing Element (25), and CEQA Document (25). The final version of the updated General Plan Housing Element shall also be submitted in an electronic form acceptable to the CITY. The timeline for delivery of the documents shall be according to the timeline contained in the November 2002 proposal. CONSULTANT shall be responsible for attendance at meetings with Staff, public workshops, and public meetings as indicated in the November 2002 proposal. CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. 3.01 3.02 3.03 3.04 3.05 4.01 4.02 ARTICLE III TERM OF AGREEMENT The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted the final version of the updated General Plan Housing Element. This agreement may be extended on its same terms and conditions upon written agreement between the City Director of Planning and Community Development and CONSULTANT. The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." All work by CONSULTANT shall be completed pursuant to exhibit "A" and paragraph 1.05 above in a reasonable timeframe according to the established deadlines. CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and consistent with sound professional practices. If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE. IV COST OF SERVICES CONSULTANT has been selected by the CITY to provide services described in Exhibit "A," attached hereto and incorporated herein by reference, for which compensation shall not exceed thirty-seven thousand four hundred and ninety dollars ($37,490.00) on a time and materials basis, except for minor additional tasks agreed to by the CITY and CONSULTANT, authorized by the City Manager, and within the CITY's budget for the General Plan Housing Element Update Project. Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $37,490.00, except for any additional for minor tasks agreed to by the CITY and CONSULTANT, authorized by the City Manager, and within the CITY's budget for the General Plan Housing Element Update Project. 5.01 5.02 5.03 5.04 5.05 6.01 6.02 7.01 ARTICLE V PAYMENT FOR SERVICES CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. Payment scheduling: Total payment not to exceed $37,490.00, except for minor additional tasks agreed to by the CITY and CONSULTANT, authorized by the City Manager, and within the CITY's budget for the General Plan Housing Element Update Project. Fees for professional services as outlined herein shall be paid on a time and materials basis. A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. Payments to CONSULTANT shall be based on an itemized invoice submitted by CONSULTANT not more frequently than monthly. Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. If CITY substantially alters the scope of work to include additional analyses, the total payment and cost of services may be changed by amending the agreement. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS All documents, associated materials, and backup data as required by this agreement shall be and shall remain the sole property of CITY. 7.02 CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports 8.01 8.02 8.03 9.01 if the total cost for work by non-employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES_ HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if the damage or injury is caused by the active and sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONSULTANT to allow CONSULTANT to defend such a claim. 10.01 ARTICLE X INSURANCE CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. 11.01 12.01 12.02 ARTICLE Xl GENERAL COMPLIANCE WITH LAWS It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. ARTICLE Xlll NONDISCRIMINATION CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or bw Cancellation, termination, or suspension of the Agreement in whole or in part. 13.01 14.01 ARTICLE XlV INDEPENDENT CONSULTANT The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 14.02 14.03 15.01 15.02 16.01 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVl EXTENT OF AGREEMENT This agreement shall consist of this agreement, the Scope of Work, dated November 2002, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVll PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. 17.01 ARTICLE XVlII NOTICE Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail or when personally delivered as follows: CITY: City of Ukiah Civic Center 300 Seminary Drive Ukiah, California 95482 ATTN: Charley Stump, Director Planning and Community Development CONSULTANT/ CONTRACTOR: PAS & Associates P.O. Box 1414 Sebastopol, CA 95472 ATTN: Paul-Andre Schabracq 18.01 19.01 ARTICLE XlX DUPLICATE ORIGINALS This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH _Candace Horsley, City Manager Date CONSULTANT/CONTRACTOR Paul-Andre Schabracq, Principal PAS & Associates IRS IDN Number Date APPROVED AS TO FORM' David Rapport, City Attorney Date EXHIBIT A PROPOSAL FROM: PAS & ASSOCIATES Dated November 2002 EXHIBIT B INSURANCE REQUIREMENTS CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with he performance of the work hereunder by the CONSULTANT, his agents, representatives, employees or subcontractors. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: , Insurance Services Office form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. . Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance, if CONSULTANT has employees who will directly or indirectly provide service or support CONSULTANT in his provision of services under the Agreement. B. MINIMUM LIMITS OF INSURANCE coNSULTANT shall maintain limits no less than: . General Liability: $1,0000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS D. Any deductibles or self-insured retentions must be declared to and approved by the City of Ukiah. At the option of the City of Ukiah, either the insured shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Ukiah, its officer, officials, employees and volunteers; or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages ao The City of Ukiah, its officers, officials, employees and volunteers are to be covered as insured's as respects; liability arising out of activities performed by or on behalf of the CONSULTANT, products and completed operations of the CONSULTANT, premises owned, occupied or used by the CONSULTANT, or automobiles owned, leased, hired or borrowed by the CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers. b. The CONSULTANT'S insurance coverage shall be primary insurance as respects the City of Ukiah, its officers, officials, employees and volunteers. Any insurance of officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Ukiah, its officers, officials, employees or volunteers shall be excess of the CONSULTANT'S insurance and shall not contribute with it. C. Any failure to comply with reporting provision so the policies shall not affect coverage provided to the City of Ukiah, its officers, officials, employees or volunteers. d, The CONSULTANT'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City of Ukiah, its officers, officials, employees and volunteers for losses arising from work performed by the CONSULTANT for the City of Ukiah. 3. All coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Ukiah. EJ Fi Gg ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. VERIFICATION OF COVERAGE CONSULTANT shall furnish the City of Ukiah with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided by the City of Ukiah. Where by statute, the City of Ukiah's Worker's Compensation related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the City of Ukiah before work commences. The City of Ukiah reserves the right to require complete, certified copies of all required insurance policies, at any time. SUBCONTRACTS CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. CITY OF UKIAH PROPOSED SCOPE OF WORK HOUSING ELEMENT UPDATE PAS & Associates Sebastopol, California pas@sonic.net November 2002 UKIAH HOUSING ELEMENT PROPOSED SCOPE OF WORK Background A detailed scope of work to revise the City of Ukiah's Housing Element is presented in this proposal. This scope is based on a preliminary assessment of project issues, a discussion with city staff, and a review of the existing housing element and related planning documents. Our goal will be to produce a clearly written ttousing Element that provides readily implementable policies and programs specifically tailored to Ukiah's unique situation. The previous Element was adopted in 1995. The Mendocino Council of Governments has issued it's Draft Regional Housing Needs Plan, and the State Department of Housing and Community Development (HCD) has established a deadline of December 2003 for submitting revised housing elements. Our approach will be to produce updated background information utilizing the latest housing market and real estate figures. Results of the recent census and a variety of other sources will be used to obtain demographic and income information. Early consultation with city staff, the Housing Update Committee and the HCD will be carried out to provide housing policies and programs that are responsive to the City's situation and to facilitate HCD certification of the element. Paul-Andr6 Schabracq, the principal of PAS & Associates will be responsible for the preparation of the updated Housing Element. Leonard Charles and Associates will be responsible for the CEQA documentation. Objectives Produce a well-written and clearly-illustrated document providing the basis for the City's housing policies and programs that can be readily understood by the general public. The Housing Element will be an accurate, concise, visually attractive and reader-friendly document. Comply with recent changes to State Housing Law, and other applicable regional and local requirements. Recent changes to State law, for example, provide more flexibility in meeting regional housing needs; require multifamily housing as a use by right; and encourage "smart growth" approaches to development. Additional funding is now available for preserving at-risk housing units and for a variety of other affordable housing programs. Develop policies and implementation programs responsive to the unique concerns of the City of Ukiah. Policies and programs will be recommended that promote the efficient use and reuse of land within City limits and stimulate a variety of infill development to meet the housing needs of all segments of the community, while preserving the and enhancing the character of the City's neighborhoods. Develop housing programs which take into consideration the particular constraints of a community approaching buildout which often include the potential difficulties associated with annexation, traffic and infrastructure problems. Develop an effective working relationship with the Housing Update Committee and implement a public participation process that includes all of the stakeholders in the community. Ensure that the revised Housing Element is consistent with the current General Plan and any other applicable adopted specific plans. Project Management Conduct project start-up meetings with the Planning and Community Development staff to identify housing issues and concerns. · Conduct technical coordination meetings with the staff on a regular basis to review background data for the housing inventory; identify the location of additional housing opportunity sites; and to discuss new policies and implementation programs. Consultant will provide staff a brief background report prior to each technical coordination meeting. · Coordinate with State Department of Housing and Community Development, other affected agencies and organizations in the early phase of housing element preparation to identify their concerns and issues. · Complete the Housing Element update by Summer 1/.'Z-- · Respond in a timely and comprehensive manner to HCD's comments during their review of the Draft Housing Element to obtain certification. Tasks Task A: Public Participation A. 1. Conduct an introductory technical workshop with the Housing Update Committee, the Planning Commission and staff to review the existing Element, the legal requirements for housing elements and the role of the Planning Commission in the update process. The technical workshop would clearly summarize housing element requirements and the proposed public participation process. A.2. Prepare a newsletter for public distribution and publication that describes the Housing Element process and how public input can help to shape its goals and objectives. This newsletter could be prepared as a mailer that would accompany the City's water bills sent to each household and/or as an insert in the local newspaper, such as the Ukiah Daily Journal. A.3 Conduct a Housing Issues Workshop providing an opportunity for the public to identify housing issues, constraints, opportunities and possible policies and programs. An important aspect of preparing housing elements is to clearly illustrate what different residential densities look like and how they would affect Ukiah's sense of place and unique identity. Presenting color slides and site plans of well-designed housing developments at various densities would facilitate a well-intbrmed discussion by the City's decision-makers on the range of housing densities and types desired for the community. Ukiah Housing Eler'nen! Proposal A.4. A.5. A.6. A.7. A.8 This workshop would present housing constraints and opportunities and seek input from the community on potential housing strategies that could include for example, permitting limited live/work units in industrial areas; facilitating increased mixed use development Downtown and perhaps in other commercial areas; and increasing the density bonus for affordable housing. The housing opportunities discussion would also include a summary of the new housing programs funded by HCD. Conduct a second workshop to elicit input from non-profit and for-profit housing developers, architects and special needs groups on housing issues, constraints and opportunities. Non-profit organizations such as Rural Communities Housing Development Corporation, combined with for-profit housing developers and architects familiar with Ukiah would provide useful feedback on constraints and housing opportunities. Presenting a map showing vacant and underdeveloped parcels at this meeting would facilitate obtaining specific information relevant to the Housing Element revision. Prepare a Housing Issues and Policy Options Report which summarizes the comments gathered at the two workshops and the issues to be addressed in the updated Housing Element for the Planning Commission. The Housing Issues and Policy Options Report would present a summary of public comments to date; relevant background information; the residential land use inventory (housing opportunity sites); and key housing policies and programs. Should no consensus on housing strategy be obtained from the public meetings to date, the report would present and evaluate different housing policy options. Conduct a study session with the Planning Commission to discuss the Housing Issues and Policy Options Report. Prepare a newsletter for public distribution and publication that highlights the completion of the Draft Housing Element and that identifies additional opportunities for public comment at subsequent public hearings before the Planning Commission and the City Council. The newsletter could be distributed in a manner suggested in item A.2 above. Conduct public hearings before the Planning Commission and the City Council on the Draft Housing Element. Task B: Technical Data Collection and Analysis B. 1. Update the required demographic, employment, income and housing background data. Identify recent demographic and employment trends. Use the most recent data from the U. S. 2000 Census, the State Department of Finance and other sources. Where necessary, these data sources would be supplemented by demographic, housing and economic information purchased from commercial data providers. ~ 1 For example, data provided by the Spatial Insights Corporation or the CACI Corporation. n.3. g.4. 8.5. n.6. n.7. Prepare a thorough housing need assessment for all income groups and identify the community's special housing needs. Included in this assessment would be overcrowding; the number and type of substandard units; comparison of level of payment with ability to pay for housing; special housing needs of large households, seniors and the handicapped; and regional housing needs allocations. Data on the homeless would be obtained through estimates provided by the City of Ukiah Police Department, the Mendocino Community Development Commission and non-profit organizations in Mendocino County. Prepare an inventory of land suitable for residential development to accommodate Ukiah's identified housing needs, including vacant and underutilized land. Carry out a field inspection of the vacant and underdeveloped land suitable for residential and mixed use development in Ukiah. Prepare a detailed, parcel-specific housing opportunity site analysis indicating the current and proposed zoning and general plan land use designations for each site and what constraints, if any, exist to the development of affordable housing. Identify and analyze governmental and non-governmental constraints to housing development in Ukiah. The constraint analysis would include land and development costs; land use and building code regulations; fees; and the length of time required to obtain approvals. Identify opportunities for energy conservation and sustainable housing development opportunities. Incorporate, as appropriate, effective sustainable housing programs used in other communities and those recommended by organizations working in this field such as the First Step Foundation and the U. S. Departnqent of Energy's Center for Excellence in Sustainable Development. Evaluate effectiveness of the City's existing housing policies and programs, including the reasons why some housing programs were not implemented or effective. Task C: Prepare the Draft Housing Element C.1. Prepare a two-part Administrative Draft Housing Element for staff review: Part 1 will contain the goals, policies and implementation programs: Part 2 will contain the required information and analyses. Coordinate with HCD to obtain Housing Element certification. The updated Element would include specific housing programs with quantifiable objectives that meet Ukiah's identified housing needs for the next five years, such as: · Develop innovative policy and implementation programs to encourage in-fill development. Policy and implementation programs to encourage the development of mixed use and/or higher residential densities in selected residential, commercial and industrial zoning districts. Identify areas in Ukiah where mixed use and perhaps live/work housing would be appropriate. Discuss the potential economic impacts of permitting limited residential uses in commercial and industrial zoning districts. Policy and implementation programs to encourage the construction of second dwelling units. Evaluate the City's Second Residential D~velling Unit regulations and recommend revisions as appropriate. Ukiai-~ bt',)usir!g Eio. rnent Proposal C.3. Consider an Inclusionary Housing Program, with an emphasis on applying this program to land within the Redevelopment Agency. Include a program to establish an Inclusionary Housing In Lieu Fee. Include policies and implementation programs to meet special housing needs for example, the homeless, farmworkers, large households and persons with disabilities. Prepare a Public Hearing Draft Housing Element Prepare a Final Housing Element for adoption by the Planning Commission and City Council that has incorporated HCD requested revisions along with the amended General Plan text and other documentation, as needed, to assure internal consistency with the City's existing General Plan. Task D: Environmental Review Leonard Charles and Associates (LCA) will prepare an Initial Study and Negative Declaration (ND) or Mitigated Negative Declaration (MND) for the Housing Element update. The Initial Study and ND/MND will be prepared using the format recommended by the California Environmental Quality Act (CEQA). D. 1. Conduct Data review, field surveys and public agency contacts. D.2. Prepare Administrative Draft Initial Study: The Initial Study will include an assessment of all areas of possible impact as described on the Environmental Checklist included in the most recent CEQA Guidelines. Where warranted, mitigation measures will be recommended to reduce the severity of projected impacts. The analysis of each Checklist item will be based on review of existing data, conferences with appropriate agencies and individuals, and field surveys by LCA staff. D.3. Prepare Administrative Draft Negative Declaration or Mitigated Negative Declaration: Once the Initial Study is completed, LCA will confer with the prime consultant and City staff to determine whether impacts can be successfully reduced to a level that would allow the preparation of either a Negative Declaration of Mitigated Negative Declaration. Assuming an ND or MND would be appropriate, LCA will prepare that document per CEQA Guidelines. D.4. Prepare Draft Initial Study and ND/MND. D.5. Prepare a Mitigation Monitoring Program for all recommended mitigation measures. Assumptions Draft Housing Element City will provide Consultant with recent parcel-specific data on vacant and developable residential land for areas in Ukiah and its Sphere of Influence. Consultant will compile this background information into a comprehensive analysis of housing opportunity sites, as required by HCD. City will provide Consultant with complete data on the number and type of housing units constructed and demolished within City limits for the past five years and information regarding the condition of the City's existing housing stock. · City will carry out required notices for public hearings for the Housing Element update and CEQA- related analysis. · City will provide Consultant with a camera-ready base map showing parcel boundaries suitable for inclusion in the Housing Element. Environmental Review Typically, a [lousing Element update CEQA document is a relatively straightforward Negative Declaration or Mitigated Negative Declaration. This is because: 1) the Housing Element is a policy document that does not actually propose construction of any particular project on a specific property, and 2) the amount of new housing possible would be the same or less as allowed under the overall General Plan, and the impacts of this development were assessed in the EIR for the General Plan. Iqowever, in the case of the Ukiah Housing Element, there are a number of complicating factors, including: · The City has little vacant land available for development. As such, the Housing Element may include proposals to substantively increase allowable densities on infill properties. · These increased densities may not have been foreseen or assessed in the City's General Plan and its EIR. · The EIR prepared for the City's General Plan does not include a substantive analysis of environmental impacts. In addition, much of the data are likely out of date, namely: · Recent studies show that a number of City streets and intersections are at or over capacity; · The City is expanding both its water and sewer facilities to provide capacity for new development; · Other public service providers may be more affected by new development than foreseen in the previous General Plan EIR; and · The City is proposing new regulations on development in the western hillsides. Consequently the following assumptions have been made in preparation of the Environmental Review section of this proposal: · A firm, fixed fee is proposed for the preparation of the revised Housing Element that includes the preparation of an Initial Study and the findings and mitigation measures to support a Negative Declaration, or a Mitigated Negative Declaration, as appropriate. Once the Initial Study is completed the Consultants would confer with City staff to discuss whether additional environmental documentation would be required. For certain resources, more detailed assessment may be required to ensure legal adequacy of the CEQA document and full disclosure of impacts. The areas requiring more detailed analysis may include traffic, public services, air quality, and cumulative impacts. A scope of work and cost would be developed at that time should additional CEQA analysis be required. · The Initial Study will identify potential buildout under the new Housing Element and compare it to buildout allowed under the adopted General Plan. For many areas of resource impact, reference will be made to the EIR prepared for thc General Plan. The Initial Study will require CEQA studies for actual future projects to ensure compliance with General Plan policies and implementation measures, and thus consistency with the EIR prepared for the General Plan. CEQA does not require written responses to comments submitted on an ND or MND. These comments must be considered when adopting the ND or MND, but they do not require a written response. Thus, this proposal does not include time for preparing written responses to the ND or MND. If the City wishes to have written responses prepared, then we would develop a cost estimate for replying to these comments once we have reviewed the number of comments requiring response. If the City approves the additional work, we would provide responses to written comments. This proposal assumes that the Housing Element does not include annexation of unincorporated lands by the City. Annexation of undeveloped lands into the City would require more detailed environmental assessment and would be done after review of the necessary scope of work with the City as an amendment to the proposal and contract. If the City desires, LCA will attend one or more public hearings on the ND/MND and project to either gather testimony or provide verbal responses to comments submitted on the ND/MND. The cost for our attendance at public hearings is listed as an optional cost in the subsequent price quote. Ukiah Housing Element Proposal Cost of Each Proposed Task The following table summarizes the cost of each Task. The final Scope of Work approved by the City may not include all of the tasks identified above. i .................................... ~ ........................................ %'~'i~ ............................................................................ ~ ................... iS'~'~i ................... " Task A: Public Participation · .. A.I: Introductory Technical Workshop and Report 500.00 A.2: Prepare newsletter on the Housing Element update process : 750.00 A.3: Conduct Housing Issues and Concerns Workshop 450.00 : A.4: Conduct Workshop for Housing Providers ~ 450.00 .. A.5: Prepare a Housing Issues and Policy Options Report : 1,350.00 :: A.6: Conduct a Housing Issues workshop with the Planning Commission i 450.00 ~ A.7: Prepare public information summary on the Draft Housing Element . 950.00 ~ A.8: Conduct public hearings on the Draft Housing Element 1,500.00 ! Subtotal i 6,400.00 i Task B: Technical Data Collection and Analysis ?i5~.~.i...~.~i.;ii.~;..~.~.~.~;.~/~.F¢;i~...~;.~./~i.~;~;~.~..~.~..;i.~F~.i~ .......................................... ~ ................... ~'"'~'6'6':i5i5' ........... i'"iS"~'-"Fi~ ~;;~';~;"~i"i4'~;'~i~'i;4'~"iq'~'~;~"~'~;'~'~'~';~¥ .................................................................... t. ....................... ~'5'6'.'i5i5 .......... i"'iSi'Si"Fi~ F'&75"~i"~)5~'~i'/;i"~'FS"~'~i'5;~'?5';b'~i'5¢ ~8"i~'8"i~'~'8~'~ ................................... i ....................... '§'5'6':i5i5 .......... i B.4: Prepare a parcel-specific housing opportunity site analysis i 1,200.00 i'"iSt'Si"'/5'~'fii'/i;)'"fi;5;~';i'/;~'"5;~'F~;i';~iih'i'~; ........................................................................................... ~ ....................... '5'6'6'/i5i5 .......... .: B.6: Identify energy conservation and sustainable housing opportunities i 500.00 i B.7: Evaluate the effectiveness of existing housing programs i 850.00 i'"§'~i;i;i'~'/ ................................................................................................................................................ i ................... E':/'~'6'.'i55 .......... ~ Task C: Prepare the Draft Housing Element 8,500 · ' C.1: Prepare an Administrative Draft Housing Element i .00 2,600 ' C.2: Prepare a Public Hearing Draft Housing Element i .00 i C.3: Prepare a Final Housing Element for adoption by PC and CC i 41000.00 !'"§'~iSi'~;¥~'i ................................................................................................................................................ ~ ................ i"E'~"6'6':i55 .......... ~ Subtotal Tasks A through C inclusive: i 27,950.00 : "Task D: Environmental Review i D.I: Conduct data review, field surveys, agency contacts i 2,960.00 i D.2: Prepare Administrative Draft Initial Study ~ 2,160.00 i'''iS'/~'i'Fi;~'~i';~''*'~i~i'¢;i~¥?~ii'i'~;;FSF~ii'/''~'i57f~'~5 ...................................................................... i ....................... 7§'6'.'i5i5 ........... i '"iS~';i'i"ff;$~'~i'/~"i'fi ii'i'~ii"§i'G~'~)"~'/~"iq'iS;,'~'~'~ ................................................. ............................. i ....................... '~;'6~'i5i5 .......... ~ D.5: Prepare Mitigation Monitoring Program } 420.00 ~'"5':/5'i"'¢)'~7~"F;;5;~'G~'~i'/;;}' ................................................................................................................. i ................... :i';'6'6'6':i5'i5' .......... i D.7: Graphics/Mapping i 180.00 } Subtotal Environmental Review ~ 8,140.00 i Copying and binding of documents @ 25 copies ! 1,400.00 i TOTAL i $37,490.00 Work Products and Payment Schedule The following work products will be prepared for the Ukiah Housing Element Update: 1] Public Information Newsletters (2) 2] Housing Issues and Concerns Background Report 3] Administrative Draft }lousing Element 4] Public Hearing Draft }lousing Element 5] Final Adopted Housing Element 6] CEQA Documents: Initial Studies and ND/MND 1 camera-ready copy 25 copies 25 copies 25 copies 25 copies 25 copies The Administrative Draft will include all diagrams, charts and maps without extensive page formatting. The public hearing draft, however, will be fully formatted consistent with the format used for the revised General Plan. Copies of all Work Product deliverables with be provided in an electronic version and on floppy disks The following work and payment schedule shall apply for the Ukiah Housing Element Update: Phase 1: Preparation of Public Hearing Draft Item Date and Payment Schedule Project Initiation Meeting 7 days after receipt of authorization to proceed. Payment of 15 percent contract total. Scoping Meeting. 15 days after receipt of authorization to proceed Housing Issues Report 45 days after scoping meeting. Payment due of 10 percent of contract total. Administrative Draft Housing Element 120 days after Planning Commission meeting to discuss Housing Issues Report. Payment due of 20 percent of contract total. Phase II: Review and Adoption of Housing Element Prepare Administrative and Public 30 days after completions of receipt of staff comments on the Hearing Draft and Initial Study and ND or Administrative Draft Housing Element. Payment due of 20 MND percent of contract total. Prepare Public Hearing Draft Housing 30 days after receipt of staff comments on the Administrative Element Draft Housing Element. Payment due of 10 percent of contract total. Review of Public Hearing Draft by 45 to 60 days after completion of Public Hearing Draft Housing Planning Commission and City Council Element HCD Review of Public Hearing Draft 90 days after submission to HCD Housing Element Prepare Final Housing Element 21 days after receipt of comments from HCD. Payment due of 15 percent of contract total. Planning Commission and City Council Schedule as required. Payment due of 10 percent of contract certification of CEQA documents and total. adoption of Final Housing Element Uk~ah Housing Element Prr.',posal Rate Schedule The proposed work includes attendance at six public hearings or meeting by Paul-Andr6 Schabracq, Principal of PAS & Associates. Attendance at additional public meetings, production of color graphics, additional copies or other changes in the scope of work will be carried out on a time and materials basis pursuant to the following schedule: PAS & Associates Principal Senior Planner Graphic Artist/Draftsperson Technical Support Staff Attendance at a public hearing $110.00 ~ hour $80.00 ~ hour $45.00 ~ hour $35.00 ~ hour $550.O0 Leonard Charles & Associates Leonard Charles Lynn Milliman Attendance at a public hearing $140.00 @ hour $120.00 @ hour $900.00 Copies of documents not included in the Scope of Work: 0.20 per copy plus postage Ukiah Housing Element Proposal 10 Statement of Qualifications Paul-Andr~ Schabracq, AICP PAS & Associates PAS & Associates Planning Consultants Office: 2175 Blucher Valley Rd. Sebastopol, Ca. 95472 Mail: P.O. Box 1414, Sebastopol, Ca. 95473 Phone: [707] 829-3861 Fax: [707] 829-3864 Firm's Qualifications PAS & Associates is a planning consulting firm based in Sonoma County providing services to both the public and private sectors. For cities and counties in California, we produce general plans, specific plans and zoning ordinances. For clients in the private sector we prepare master and site plans for residential and mixed use developments. PauI-Andr~ Schabracq, AICP Principal, PAS & Associates PauI-Andr~ Schabracq, AICP, Principal of PAS & Associates has eighteen years experience preparing housing elements, general plans, specific plans and zoning ordinances. He has a thorough knowledge of State housing law and has consistently obtained HCD certification for housing elements he has prepared. His experience in housing comes from working as a Planning Director; a consultant specializing in housing elements and general plans; a licensed general contractor and developer of affordable housing; and as an instructor of a housing course at the Santa Rosa Junior College. As the Planning Director for the City of Cotati, Mr. Schabracq was responsible for the planning and the building inspection departments, where he successfully dealt with planning problems unique to small cities. While employed with Cotati, he implemented one of the State's first growth management ordinances and a City-sponsored 19 unit Iow- income housing project. PAS & Associates has focused on the preparation of general plans which require the implementation of effective public participation processes to achieve consensus regarding the long term vision for the community. Mr. Schabracq has also spearheaded many innovative housing policy initiatives, such as the first 250 unit mixed use development in Lafayette; developing residential mixed use development policies and design guidelines for the reuse of an underutilized shopping center adjacent to the BART station in El Cerrito; and formulating live/work programs for several Bay Area communities. While employed with the Canadian Federal Government, Mr. Schabracq held several senior policy development positions involving project management, housing and transportation. As senior planner for Newfoundland and Labrador Coastal Service, he implemented an integrated freight/passenger marine transport system serving 150 isolated communities scattered over 2,000 miles of rugged coastline. In addition to serving as a policy advisor for the Privy Council Office of the Prime Minister, Mr. Schabracq authored a number of publications for the Science Council of Canada on communications, housing policy and artificial intelligence. Mr. Schabracq received a Masters in Environmental Studies from York University, in Toronto Canada, and a Bachelors in Geography from the University of Toronto. He was the recipient of the Netherlands Government Fellowship and pursued graduate studies in urban planning at the University of Amsterdam. Mr. Schabracq is a part-time faculty member at the Santa Rosa Junior College and is active in local environmental organizations. STATEMENT OF QUALIFICATIONS: PAS & ASSOCIATES References Dennis Dorch Assistant City Manager City of Cotati [707] 665-3638 Niroop Srivatsa Community Development Director City of Lafayette [510] 284-1976 Richard Knoll Planning Director City of Lakeport [707] 263-5613 Bruce Kibby Community Development Director City of Cloverdale [707] 894-1 721 Linda Ruffing Planning Director City of Fort Bragg (707) 961-2728 Tim Haddad Environmental Coordinator County of Marin [41 5] 499-6274 Selected Completed Projects Pleasant Hill General Plan and Housing Element Lafayette General Plan and Housing Element City of Exeter Downtown Specific Plan (APA Central California Award, 1995) Novato General Plan and Housing Element Sebastopol General Plan and Housing Element Lakeport General Plan and Housing Element El Cerrito Housing Element Cotati Housing Element (1994 and 2002) Cloverdale Housing Element (2002) Projects Underway Local Coastal Plan for the City of Fort Bragg Fort Bragg General Plan and Housing Element Aviation Consultant: Marin County and the Bay Area Regional Aviation Work Group (BARAWG) STATEMENT OF QUALIFICATIONS: PAS & ASSOCIATES STATEMENT OF QUALIFICATIONS Leonard Charles & Associates Leonard Charles and Associates 7 Robie Court San Anselmo, California 94960 415.454.4575 415.454.2585 (Fax) lynnm@well.com (e-mail) INTRODUCTION Leonard Charles and Associates (LCA) is an environmental and land use consulting firm providing both specialized and comprehensive environmental services to governmental, public, and non-profit agencies and groups. Since 1977, our services have included the preparation of Environmental Impact Reports (EIRs), all other CEQA-required and NEPA-required documents, Land Management Plans, Resource Management Plans, and Environmental Assessments. Many of the projects we have worked on have been highly controversial and therefore subject to the intense scrutiny of public agencies and thc general public. In each case, our work has been praised for its thoroughness, total objectivity, and creative and practical approach to developing alternatives and mitigation measures. The following attributes best distinguish LCA: LCA maintains a small permanent staff; most members of the staff have twenty years' experience in preparing EIRs and similar analyses. The advantage of a small, core staff is that the client is assured that reports are prepared only by experienced professionals who are principals in the firm. o We augment the skills of our staff with a select group of technical experts. We have worked with this group of subconsultants on dozens of projects over a period ranging from five to twenty years and maintain a coordinated working relationship with them. The use of these subconsultants ensures that, when necessary, we have experts in the appropriate field addressing technical issues. o Our staff includes a professional writer who ensures that technical reports are well written and can be easily understood by laypeople. . Our twenty years of experience mean that our staff is familiar with the range of impacts that can be expected from most types of projects. We are also well acquainted with most of the geographic regions of Northern California, and we know many of the staff members of pertinent State and County reviewing agencies. . The fact that LCA does not seek work in the private sector ensures our objectivity in assessing projects. Over the years, this objectivity, has helped us earn a solid reputation for the unbiased nature of our reports. Our approach and reputation are especially beneficial when an agency is confronted with a highly controversial project. LCA is commonly awarded contracts to prepare EIRs on the most controversial projects, often projects where the court has ordered the preparation of an EIR. . Given our experience with many controversial projects, we are very familiar with the legal requirements of the California Environmental Quality Act (CEQA). Our EIRs are often prepared as the result of lawsuits. Though many of our EIRs have been scrutinized for their legal adequacy, we have never had one of our EIRs challenged in the courts. Statement of Qualifications Leonard Charles and Associates Page 2 ENVIRONMENTAL SERVICES Using the skills of staff ecologists and planners in conjunction with specialized consultants, Leonard Charles and Associates provides the following services: Environmental Assessment and Impact Report Preparation 1. Residential projects: residential developments in both urban and rural settings 2. Industrial development: mineral extraction, geothermal and energy facilities, and all types of industrial development 3. Commercial projects: shopping centers, office parks, business parks, downtown redevelopment, and all other types of commercial development 4. General Plans: preparation of general plan and specific plan environmental assessments and EIRs o o . o Public infrastructure: schools, jails, wastewater facilities, potable water systems, roads, pipelines, solid waste facilities, and fire management plans Natural resources: analysis of riparian ecosystems, development of erosion control programs, watershed rehabilitation, and biotic impacts Parks and recreation: site design assessment, social and economic impacts, and master plans Open space: development of open space land use plans Timber Resources: Program Timberland EIRs (PTEIRs) and vineyard conversion EIRs CEOA 1. , Analysis CEQA reports: Initial Studies, constraints analyses, existing conditions reports, Negative Declarations, EIRs, Findings, and all CEQA-required noticing and reporting elements on all public and private projects NEPA reports: Environmental Assessments, EISs, FONSIs, and ERR preparation Monitoring: mitigation monitohng programs and on-site monitoring Other Planning Studies 1. Nexus studies: studies required to determine the nexus for development fee collection 2. Resource management plans: fire and vegetation management plans, park and open space master plans, and management plans for specific resources Statement of Qualifications Leonard Charles and Associates Page 3 Ecological Investigations 1. Biological resource analysis: wildlife surveys, habitat evaluation, vegetation analysis and mapping, and botanical surveys 2. Ecological baseline studies and monitoring: plant and animal population studies and measurement of vegetation succession and recovery 3. Fire hazard reduction: studies of fire hazards and development of complete vegetation and fire management plans Natural Resource Planninl~ o Watershed rehabilitation: erosion control programs, reclamation planning, and revegetation and reforestation analysis and plans . Vegetation management: plans to manage vegetation to control critical fire danger and maintain biodiversity and other natural resources of the area . Fish and wildlife management: habitat mitigation plans, habitat and species management plans, and habitat rehabilitation . Natural resource plans: riparian and waterway management plans, forest management plans, and land capability and constraints analyses . Erosion control plans: preparation of plans to meet new TMDL requirements for North Coast watersheds Land Use Plannim, 1. General plans and specific plans: preparation, revision, and evaluation of general and specific plans; preparation of public facilities elements 2. Area studies: analysis of projects in conjunction with area-wide development, public infrastructure analysis for area development, environmental analysis, and development of area plans 3. Implementation programs: development plans, subdivision ordinances, zoning ordinances, and other implementing programs 4. Park and open space planning: planning of local and regional parks, resource planning, and analysis of private proposals Mineral Production 1. Aggregate management plans: development of gravel management plans 2. Reclamation plans: development of plans to meet SMARA and local reclamation regulations Statement of Qualifications Leonard Charles and Associates Page 4 CLIENTS While we have worked throughout northern California, we are kept engaged by clients in the north coast area. Past clients have included: County of Sonoma County of Lake County of Mendocino County of Santa Cruz County of Calaveras City of Healdsburg City of Sebastopol City of Lakeport City of Ukiah City of Sonoma City of Petaluma City of Willits City of Cotati City of Cloverdale City of Clearlake City of Lafayette City of Fort Bragg City of Novato City of San Rafael Town of Mill Valley Town of Tiburon Lake County Special Districts Matin Municipal Water District North Matin Water District Lake County Special Districts Marin County Open Space District Harmony Union School District Monte Rio Union School District Piner-Olivet Union School District Iu Mien Cultural Association Ukiah Valley Sanitation District Mendocino County Water Agency Philip Williams & Associates, Ltd. Coastal Forestlands, Limited Numerous non-profit and neighborhood groups Any of these past clients may be contacted for references. Specific contacts for references will be supplied upon request. Statement of Qualifications Leonard Charles and Associates Page 5 RECENT PROJECTS: RESIDENTIAL LCA prepares EIRs and other environmental analyses on all types of residential developments. This includes typical single-family projects in both urban and rural settings as well as multi- family projects. Some examples of these types of projects are summarized below. Armstrong Heights LCA prepared a full EIR on the proposed subdivision located in the 100-year floodplain of the Russian River, Sonoma County. The EIR focused on hydrologic, biotic, and neighborhood impacts. Due to community concern, a detailed analysis of project alternatives was conducted. The Sonoma County Board of Supervisors eventually approved one of the project alternatives. Palm Terrace and Saddleburr Subdivision LCA prepared a full EIR on two controversial subdivisions located adjacent to the Laguna de Santa Rosa in Sebastopol. This EIR was ordered by the court. Detailed analyses of project impacts on the sensitive Laguna ecosystem were included. In addition, the EIR included detailed assessments of public services, traffic and noise. A full fiscal analysis was included. Broadmoor Estates Subdivision This full EIR focused on the effects of this Sonoma County subdivision on vernal pools. The site included numerous vernal pools and populations of rare plants. Pools and plant population were accurately mapped and described. The EIR also focused on traffic, public services, and community impacts. The proposal was abandoned, and the site was eventually purchased for permanent open space. Consani Property, Creekside Meadows, and Hembree Meadows This was a focused EIR done for Sonoma County on three contiguous residential developments in the Windsor area. The projects included 174 dwelling units, combining single-family residences with condominiums. In addition to examining the specific impacts relative to the projects, the report examined the impacts that would result from further development of this area, and more generally in all of the Windsor area. This analysis was used to guide growth in the area pending the completion of a new Specific Plan for the community. The EIR included detailed analyses of drainage and hydrology, wildlife and vegetation, land use, public services, visual quality, traffic, and community. Ginesi Rentals This was a full EIR on a proposed 70-unit multi-family project in the Sonoma Valley. Particular attention was given to the areas of traffic, hydrology, loss of agricultural land, and public services. Thysen Planned United Development LCA was engaged by the City of Cotati to prepare a full EIR on a proposed planned unit development that included 114 apartment units and 24,000 square feet of offices. The EIR focused on traffic, visual, and biotic impacts. Statement of Qualifications Leonard Charles and Associates Page 6 Gravenstein Highway North Annexation This EIR assessed a proposed single-family and multi-family residential development in Sebastopol. Particular areas of focus included agricultural, traffic, visual quality, drainage, and public service impacts. Oak Park Estates LCA prepared a full EIR on a proposed, subdivision near Lakeport in Lake County. Particular attention was focused on site contamination since the site was once used for the Lakeport Sanitation District's wastewater ponds. Extensive soil testing was conducted. Other areas of focus included hydrology, traffic, fiscal, and public service impacts. Hams Hills Subdivision LCA prepared a focused EIR addressing the traffic and growth-inducing impacts resulting from a 9-lot rural residential subdivision north of Sebastopol. Vichy Springs Subdivision LCA is preparing a full EIR on a proposed 30-acre subdivision near the City of Ukiah in Mendocino County. The principal issues are wildlife and vegetation, traffic, geology, and hydrology. Crocker Ranch Estates We prepared a full EIR on a proposed 18-lot rural subdivision located on 2'7'7 acres near the Russian River in Sonoma County. The site consisted of steep topography so a thorough geotechnical analysis was conducted. Other important areas of impact included traffic, effects on oaks and other vegetation, water availability, and fire danger. Round Hill Subdivision This was a full EIR on a subdivision located in the Town of Tiburon. Particular emphasis was give to geologic constraints, runoff from the site, loss of oak trees, and effects on public services. RECENT PROJECTS: GENERAL PLANS LCA prepares Existing Conditions Reports and EIRs on General Plans. We prepare elements of General Plans, including Public Service and Facilities Elements. Some examples of General Plans we have worked on are summarized below. City of Lafayette General Plan LCA prepared the EIR on the new General Plan for the City of Lafayette. This included an assessment of growth potential and the effects of projected growth. We originally prepared an Existing Conditions report. This report was used by other consultants to prepare the Draft General Plan. The EIR focused on development of vacant hillside lands around the edges of the city as well as redevelopment of the city's central business area. Statement of Qualifications Leonard Charles and Associates Page 7 City of Novato General Plan We prepared the EIR for the new Novato General Plan. Because there were numerous controversial projects in the City, the City was quite concerned that the General Plan would be challenged by certain parties challenging the adequacy of the EIR. As such, we prepared a full, detailed EIR that assessed cumulative impacts that would result from buildout of the City and its Sphere of Influence. We also prepared all the background work used to develop the Public Facilities Chapter of the Plan. The EIR was not challenged and the Plan has been adopted. City of Fort Bragg General Plan We are currently preparing a full EIR on the new Fort Bragg General Plan. In addition to preparing the EIR, we are assisting City staff in co~npleting the Draft Plan. We are fully responsible for developing a new Circulation Element and revising the City's Local Coastal Program. We are also responsible for all CEQA noticing, preparation of Findings. and mitigation monitoring. RECENT PROJECTS: PUBLIC INFRASTRUCTURE LCA assesses all types of public service projects, including pipeline projects, wastewater treatment and disposal facilities, water storage and treatment facilities, flood control projects, and storm drain systems. We work with public works departments and special districts to assist these agencies in completing the environmental review process, including preparation of feasibility and nexus studies, initial studies, Negative Declarations, and EIRs. Examples of these types of projects are summarized below. Lake County Sanitation District Northwest Facility We prepared an EIR on new facilities proposed for this existing wastewater treatment and disposal plant. This included a geotechnical and environmental analysis of a new storage reservoir, expansion of spray irrigation fields, and additions to the treatment system. We assessed a wide range of disposal alternatives as there was insufficient sprayfield area to accommodate long-term disposal requirements. Ukiah Valley Sanitation District We prepared an Initial Study and Negative Declaration for the addition of Advanced Wastewater Treatment components and other minor treatment components to an existing facility. Andersen Drive Pipeline We prepared an Initial Study and Negative Declaration for a proposed water transmission line crossing of a creek in San Rafael. The client was the Matin Municipal Water District. Foss Creek Flood Control Master Plan The City of Healdsburg was required to construct a flood retention pond next to Foss Creek to withhold peak flows. LCA assessed a variety of detention pond and channel designs, including channel improvements downstream of the retention pond. The report focused on the impacts on wildlife and vegetation. Detailed analysis determined the best designs. A full reclamation plan was designed for the retention pond area. In addition, LCA assessed the recreational possibilities of the pond and downstream area. A basic riparian ordinance for the downstream area was designed. Following the completion of this report, LCA was contracted to supervise the revegetation and reclamation of the retention basin and the basin levee. Statement of Qualifications Leonard Charles and Associates Page 8 AGENDA 1TEM NO: 9b MEETING DATE: February 19, 2003 SUMMARY REPORT SUB.1ECT: APPROVAL OF SE'rrLEMENT AGREEMENT ]:N SHOEI~fAI(ER V. UK. rAH This item is also scheduled for Closed Session, if Council has additional questions or concerns before taking action. All supporting documents are included in the closed session report. RECOMMENDED ACTION: Determine whether Council wishes to act on this item or discuss under Closed Session. ALTERNATI'VE COUNC]:L POLI'CY OPT]:ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager David Rapport, City Attorney None Approved: Candace Horsley, Ci~-'~anager 4:CAN/ASR.ShoemakerCIosed.21903 ITEM NO: 9~ DATE: February 19, 2003 AGENDA SUMMARY REPORT SUB.1ECT: APPROVAL OF ENGAGEMENT OF LEGAL SERV]:CES LETTER WI:TH MEYERS, NAVE LAW FTRt4 On or about January 16, 2003, the City received a letter under Section 505(b) of the Federal Water Pollution Control Act ("Clean Water Act'~ from the law firm of Silver & Silver, representing an organization called Northern California River Watch. The letter notifies the City that River Watch intends to file a lawsuit under the Clean Water Act against the City in not less than 60 days from the City's receipt of the notice. The Notice claims that the City has committed violations of two provisions of the Waste Discharge Order issued by the North Coast Regional Water Quality Control Board for the City's Wastewater Treatment Plant. The Discharge Order serves as the City's National Pollution Discharge Elimination System or NPDES permit under the Clean Water ACt. RECOMMENDED ACT]:ON: Approve Engagement of Legal Services Agreement and authorize City Manager to sign. ALTERNAT]:VE COUNC]:L POL]:CY OPT:ION: Disapprove agreement, solicit proposals from law firms to represent the City in this matter or rely exclusively on the City Attorney. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A David .~. Rapport, City Attorney David .~. Rapport, City Attorney Candace Horsley, City Manager 1. Engagement of Legal Services agreement APPROVED: Candace H~rsley, City IV~nager 4:CAN/ASR..larvis.21903 Rick Jarvis with the Meyers, Nave law firm represented the City very successfully a few years ago in a similar lawsuit against the City's solid waste disposal site. The case was dismissed by the federal district court, and that dismissal was upheld by the 9th Circuit Federal Court of Appeals. Rick has had considerable experience litigating Clean Water Act cases and dealing with Jack Silver in similar cases on the Russian River. Among others, he is currently representing the Cities of Healdsburg and Fort Bragg in a Clean Water Case brought by River Watch. The City Attorney and Rick worked well together on the last case. Under the attached retainer agreement, Rick would work with the City Attorney in responding to the Notice and any lawsuit. Within the sixty-day notice period, the City will attempt to meet with River Watch to determine if a reasonable basis exists for settling their claims. The Meyers, Nave firm charges by the hour. ]:ts current rates range from $250 to $175. Rick Jarvis will bill his time at the $250/hour rate. Page 1 of 1 Candace Homley From: drapport [dmpport@pacbell.net] Sent: Thursday, February 13, 2003 3:25 PM To: Candace Horsley Subject: Jarvis agenda summary Candace - Attached is the agenda summary. We'll bring the agreement over. If you want it today, let me know. Otherwise, it will come over with Nick tomorrow morning. I did not plan to attach the Silver & Silver letter. Let me know if you want to do that. I don't think it is necessary. The Council has already received it, right? David J. Rapport Rapport and Marston 405 W. Perkins Street Ukiah, Ca. 95482 Tel: 707-462-6846 Fax: 707-462-4235 2/13/03 I m e y e r s In a v e riback silver & wilson professional law corporation Rick W. Jarvis Attorney at Law 510.808.2000 February 11, 2003 Personal and Confidential David J. Rapport, City Attorney City of Ukiah Rapport and Marston P.O. Box 488 Ukiah, CA 95482 RE: Engagement of Legal Services Dear Mr. Rapport: Thank you for retaining Meyers, Nave, Riback, Silver & Wilson to perform legal services in connection with the January 15, 2003 notice of alleged Clean Water Act violations which was served on the City by Northern California River Watch, including any litigation which may result therefrom. We appreciate the opportunity to serve as your lawyers and look forward to working with you. This letter sets forth our agreement concerning the legal services we will provide and our fee arrangements for those services. Please read this entire agreement before signing and returning it to us. 1. Scope of Engagement. We will provide the legal services reasonably required to represent and advise you in connection with Northern California River Watch vs. City of Ukiah lawsuit. Our work is limited to such services. We will also provide legal services for additional matters that you request of us, provided we agree to perform that additional work. A letter confirming such additional work shall bring such work within the scope of this agreement. 2. Fees and Personnel. As compensation for our services, our fees will be based on our current standard billing rate for the personnel performing services under this agreement at the time such services are rendered; or at the current rate of the client's insurance carrier, if the carrier is providing for the cost of the defense. Our standard billing rates for attorneys, paralegals and legal assistants are attached as Attachment 1. I will be the shareholder in charge of representing your interests. If other attorneys and/or paralegals are assigned to work on your matter, the then current hourly rates of those individuals will be utilized. This agreement retains the legal services of our law firm and not of a particular attorney. Hourly rates are subject to reasonable change, usually at the beginning of each year. 555 12,h Street, Suite 1500 I Oakland, California 94607 I tel 510.808.2000 I fax 510.444.1108 I www. meyersnave.com OAKLAND · SAN LEANDRO · SANTA ROSA · SACRAMENTO · SAN FRANCISCO · LOS ANGELES Re: Engagement of Legal Services February 11, 2003 Page 2 3. Basis for Fees. While the hourly rates are the most important factor we use in determining fees for legal services, the amount we actually charge may be adjusted to reflect a variety of these factors, including any unusual time constraints or other special demands imposed by the engagement, the novelty or complexity of the issues raised, efficiencies achieved by us, the amounts involved and the results obtained. 4. Disbursements and Expenses. In addition to hourly fees, we may incur out-of-pocket expenses related to your representation. Our Statement of Fee and Billing Information, which sets forth the details of our disbursement and expense policy, is attached (Attachment 2). 5. Billing and Payment Responsibilities. We will send monthly statements which are due within 30 days of receipt. If you have any questions about an invoice, please promptly telephone or write me so that we may discuss these matters. Our Statement of Fee and Billing Information sets forth the details of our fee and billing policy. 6. Termination of Services. You may terminate our services at any time by written notice. After receiving such notice, we will cease providing services. We will cooperate with you in the orderly transfer of all related files and records to your new counsel. We may terminate our services at any time with your consent or for good cause. Good cause exists if (a) any statement is not paid within 60 days of its date; (b) you fail to meet any other obligation under this agreement and continue in that failure for 15 days after we send written notice to you; (c) you have misrepresented or failed to disclose material facts to us, refused to cooperate with us, refused to follow our advice on a material matter, or otherwise made our representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If we terminate our services, you agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination. Termination of our services, whether by you or by us, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased. 7. Insurance. During the term of this engagement, this law firm shall take out and maintain general liability and property damage insurance in the amount of $1,000,000; professional errors and omissions insurance, in an amount of $2,000,000 per occurrence; and $4,000,000 aggregate, which insurance may not be canceled or reduced in required limits of liability unless at least ten days advance written notice be given to you. 8. No Guarantee of Outcome. Any comments made by us about the potential outcome of this matter are expressions of opinion only and are not guarantees or promises about any outcome or results. 9. Entire Agreement; Full Understanding; Modifications in Writing. This letter contains our entire agreement about our representation. Any modifications or additions to this letter agreement must be made in writing. Re: Engagement of Legal Services February 11, 2003 Page 3 10. Joint Representation. Our firm maintains of counsel agreements with certain legal specialists. Because these individuals are deemed independent contractors under the applicable provisions of the tax laws and not employees of the firm, it is necessary that you consent to dual representation by the firm and the specialist in the event the matter which you have engaged us to handle requires the use of that specialist. This arrangement has no effect whatsoever on the cost of your legal services, rather it is an ethical requirement that we disclose this fact and that you consent. You are consenting by signing this letter. 11. Conflicts. Our firm represents many public agencies in California. Since 1986, we have represented over five hundred public clients, including numerous cities, redevelopment agencies, special districts, counties and other public entities, and we are accepting new engagements all the time. It is virtually inevitable that we will work on projects from other clients having different governmental or political objectives, beliefs or views from the CITY OF UKIAH. In view of the fact that the CITY OF UKIAH is a public entity, this letter confirms that the services which we are rendering to you are limited in scope and for the benefit of the CITY OF UKIAH only. Meyers, Nave performs a variety of professional services for its clients and it is possible that we will represent public agency clients which are adverse to you on other matters. To avoid potential problems, you agree that you expressly waive any actual or potential conflicts that might arise from such representation, that you will not attempt to disqualify Meyers, Nave on such matters, and that our firm is free to represent its clients on such matters. By signing this letter and returning it to us, you acknowledge that we have discussed these matters and you confirm that the CITY OF UKIAK does not object to our representation of clients on matters where their legal, governmental or political objectives and/or positions may be different from or adverse to those of the CITY OF UKIAH, and that the CITY OF UKIAH waives any conflict of interests with respect to our representation of such clients with differing legal, governmental or political interests. You further confirm that the CITY OF UKIAH will not assert any conflict of interest concerning such representation or attempt to disqualify this firm from representing such clients notwithstanding such adversity. While you would certainly be free to terminate our relationship, you agree that this firm nonetheless would be free to represent such clients even on those matters which you consider adverse, and that you waive any conflict of interest in connection therewith. Needless to say, these acknowledgments do not permit our firm to represent another client in opposing the specific project for which you engage us without your specific written consent. You may wish, and we encourage you, to consult legal counsel regarding the effect of this conflict waiver. We would request that you review this letter carefully and, if it is consistent with your understanding of our respective responsibilities, please so indicate by returning a signed copy of this letter to me at your earliest Re: Engagement of Legal Services February 11, 2003 Page 4 convenience. Enclosed is an additional copy of this letter which you should retain for your records. Again, we thank you for allowing us the opportunity to serve as your lawyers. Very truly yours, MEYERS, NAV/E, RIBACK, SILVER 8, WILSON ,. Rick ~. O~rvis RWJ:dlp Enclosures c: Records Manager Billing Department #618881 These terms are accepted and agreed to as of the date of this letter. By: David J. Rapport City Attorney, City of Ukiah ATTACHMENT 1 MEYERS, NAVE, RIBACK, SILVER & WILSON RATE SHEET Sr. Shareholder $250 Shareholder $225 Sr. Associate $200 Associate $175 Paralegal $125 Law Clerk $100 Other $ 50 Hourly rates set forth above are reviewed and amended annually in January of each year. ATTACHMENT 2 MEYERS, NAVE, RIBACK, SILVER & WILSON STATEMENT OF FEE AND BILLING INFORMATION The following is a general description of our fee and billing policies. These general policies may be modified by the specific engagement letter or agreement to which this summary is attached. Professional Fees. Our fees for professional services are based on the fair value of the services rendered. To help us determine the value of our services, our attorneys and paralegals maintain time records for each client and matter. Our attorneys and paralegals are assigned hourly rates which are based on years of experience, specialization, training and level of professional attainment. We adjust our rates periodically (usually at the beginning of each year) to take into account inflation and the increased experience of our professional personnel. To keep professional fees at a minimum, legal work that does not require more experienced attorneys will be performed, where feasible, by attorneys with lower billing rates. Of course, the quality of the work is paramount, and we do not sacrifice quality to economy. Before undertaking a particular assignment, we will, if requested, provide you with a fee estimate to the extent possible. Estimates are not possible for some matters, however, and cannot be relied on in many others because the scope of our work will not be clear at the outset. When a fee estimate is given, it is only an estimate; it is not a maximum or minimum fee quotation. The actual fee may be more or less than the quoted estimate. Retainer. Our normal practice is to require a retainer to cover a portion of the anticipated attorneys' fees and costs. Any retainer will be placed in the firm's trust account. At the conclusion of our services, we will return to our client any unapplied retainer, after deducting payment for charges billed or to-be-billed for services and any remaining out- of-pocket expenses. Billing And Payment Procedures. Unless other arrangements are made at the time of the engagement, invoices will be sent monthly. Invoices for outside services exceeding $100 may be billed separately. Occasionally, however, we may defer billing for a given month or months if the accrued fees and costs do not warrant current billing or if other circumstances would make it appropriate to defer billing. Our invoices contain a brief narrative description of the work performed; if requested, the initials of the attorney who performed the work will appear on the statement. The invoice will include a line item reflecting in-house administrative costs. The firm's in-house administrative costs include, but are not limited to, duplicating, facsimile charges, telephone charges, E-mail, postage, mileage and other administrative expenses. We have determined that the most effective method of accounting for these administrative costs is to charge a flat 8% of the professional fees incurred. The firm will be reimbursed for all outside services incurred in the course of providing legal services to our client(s). Outside services will include, but are not limited to, all third-party expenses, delivery charges, travel expenses, outside research services, filing fees, expert witness and expert consultant fees. To defray the firm's costs for administering these services, there will be an additional cost advance charge of 2% for all outside services of $100 or more. If you have any questions regarding an invoice, the Finance Director or Executive Director are available to answer your questions. For any unresolved matters, the Bar Association has an arbitration mechanism that can be used to resolve such matters. Late Payments. Statements for services are payable upon presentation and, in all events, within thirty (30) days after receipt. Occasionally a client has difficulty in making timely payments. To avoid burdening those clients who pay their statements promptly with the added costs we incur as a result of late payments, a late charge will be assessed on statements not paid within thirty (30) days. The maximum monthly late payment charge will be 1.5% per month. In the unlikely event we are required to institute legal proceedings to collect fees and costs, the prevailing party will be entitled to reasonable attorneys' fees and other costs of collection. AGENDA 1TEM NO: MEETING DATE: 9d February 19, 2003 SUMMARY REPORT SUBJECT: DISCUSSION OF INLAND WATER AND POWER COMf41SSION'S ROLE At the February 13, 2003 inland Water and Power Commission (IWPC) meeting, Chair ,janet Pauli, discussed that the Board of Supervisors is looking to enhance the Mendocino County Water Agency's (MCWA) role. However, one possible scenario to accomplish that objective, could mean that IWPC would be eliminated. One other alternative that has been raised is that there would be several localized water .]PAs, such as IWPC throughout Mendocino County that would specifically discuss and work on local issues. The Mendocino County Water Agency Director would attend these meetings and work directly with the .]PAs to assist them in their goals and objectives, and provide professional staff, expertise and assistance. The IWPC's individual members expressed that they would find this an acceptable and beneficial relationship between the water agency and the commission, once critical issues were more defined. The Commission discussed the pros and cons of IWPC and how beneficial this .]PA has been to the water districts in the past nine years, during which time the MCWA was not actively taking a lead in Ukiah Valley water issues. The original role of IWPC was to: ~.) ensure the continued functioning of the Potter Valley Project (after PG&E shut down the water flow for a short period of time), 2) investigate additional reservoir space, specifically the raising of Lake Mendocino Dam, and 3) pursue new water sources. The IWPC consists of representation from the City of Ukiah, County of Mendocino, Potter Valley irrigation District, Redwood Valley Water District, and the Russian River Flood Control District, which represents a myriad of water districts, including Millview, Willow, Calpella, Rogina, and also the City of Ukiah. (Continued on page 2) RECOMMENDED ACTZON: Discuss and provide direction to staff regarding continued participation in the inland Water and Power Commission. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A IWPA Candace Horsley, City Manager N/A 1. IWPA ,]PA document Approved:' Candace Horsley, City Manager '~, 4:CAN/ASR.IWPC.21903 The benefits of being on this commission have been multi-fold. Each agency has a vote in determining the direction of water issues in the Ukiah Valley and whether they want to become involved in various state and federal projects, such as the Section 7 processes on the Russian and Eel Rivers. ]:n addition, ]:WPC has recently become the lead agency, in partnership with the Corp of Engineers, for the feasibility study of raising the Lake Mendocino Dam for purposes of additional water storage. The County is having a meeting on February 26, to talk about water issues, and it is Ms. Pauli's understanding they will be discussing this issue. City staff will be in attendance, and the City's :[WPC representative, Vice Mayor Baldwin, will also attempt to be at this meeting depending on his work schedule. Staff is requesting Council's discussion and direction as to the City's intentions regarding continued participation on the :[WPC and what types of revisions to the established organizational structure would be acceptable. JOINT EXERCISE OF POWER~ A~REEMENT FOR.-'THE FORMULATION AND IHPL~ATI~ OF THE MENDO~INO COUNTY INLAND NATER AND POWER COMMISSION (COMMISSION) THIS JOINT EXERCISE OF-POWERS AGREEMENT, ts ·made and.''' . entered into by and between the' following Public 'Agencies within . the state of California, that is, Mend0cino 'County Water Agen~,' (Water Agency), Mendocino County Russian .River F10'od Controi& - . Water Conservation Improvement District (Flood ¢ontr01), Redwood Valley County Water District (Redwood), 'the Potter Val!ey Irrigation District (PVID), and City of Uktah '(Uktah). The foregoing parties are collectively .referred to herein as-."the signatories-. . C~: This' Agreement is made with reference to'-'the following facts: ..~ . A. WHEREAS, the Russian River and its tributari~s are · valuable resources vital to economic .development, environmental quality and general well being of the signatories. and their. constituents. · · · · RiVer Watershed are absolutely vital to that economic development, · environmental quality and general well being; C. WHEREAS, the signatories recognize that a United voice is required of all of the signatories w~en it comes~.to issues relating to (1) the continued Eel River Diversion; and '(2) the . viability of the PG&E Potter Valley Project; and (3).the potential WHEREAS, 'the Eel River diversions into the RUssian :. -}. . ' '1:2: ·.:. . '~':5. -j.. .- . ~:?.. -.. . ?... . .~.~.. . · ..~ . '.'J. ~ . . .~' . . _ . .- . ~ . .?.- ~ ~.'.. . . .j . ~.. .. ... ?-. :..~ ':~..~'..~- ..:. -. . . . '- . . - $ ~ ..". ,~.. ~.'-,-. ~.- ~..~- :~.' ..' . . -.. . · . · : ..'~'-i:, ..- . [ . -. ~-.'. -.-..-. ;- . .'.. ,'~-. - X.~ .- . . .. . . . . . . JOINT EXERCISE OF POWER~A~REEKENT~OR.'TH~ FORMULATION AND IMPL~ATION OF THE MENDOCINOCOUNTY I~NATERAND POWER COMMISSION (COMMISSION) THIS JOINT EXERCISE OF-POWERS AGREEMENT, is-made and entered into by and between the'following Public' Agencies within the State of California, that is, Mend0cino County Water Agency,' (Water Agency), Mendocino COunty Russian River..F10od Control & Water ConserVation Improvement District (Flood Control),. Redwood Valley County Water District (RedWood), the Potter Valley Irrigation District (PVID), and City of Ukiah '(Ukiah). The foregoing parties are collectively .referred to herein as .."the signatories". RECITALS: This Agreement is made with reference to'the · following facts: · · . A. WHEREAS, the Russian River and its tributaries are valuable resources vital to economic .development, environmental quality and' general well being of the signatories, and their. constituents. B. WHEREAS, 'the Eel River diversions into the Russian River watershed are absolutely vital to that economic development, environmental quality and general well being; C. WHEREAS, the signatories recognize that a united voice is required of all of the signatories w~en it comes to issues relating to (1) the continued Eel River Diversion; and '(2) the viability of the PG&E Potter Valley Project; and (3) the po~ential ....- .. ~ - ,.. · , · ... .. ..-~ , . _ .. ,-... .~ . .. · : . ... _ .'..~}-.. ; · .. ~.-'.' ' i'-.--'-' i -. . - ,, .- . - ,~ : : · . · . .. ·..'.x . . . _. .. .. . JOINT EXERCISE OF POWERS A~REEMENT FOR '~ FORMULATION AND IMPLEHEHTATION OF THE MENDOCINO ~OUNTY I~ .WATER AND POWER -' COMMISSION (COMMISSION) '. THIs JOINT EXERCISE OF. POWERS AGREEMENT, is-made and'' · . entered into by 'and between the'following Public"Agencies within the.. State of California, that is, Mend°cino'County Water Agent,'' .. . · (Water Agency), 'Mendocino COunty Russian .River. F10'od Control & Water Conservation Improvement District (Flood Control),-RedwOod. . Valley County Water District (Redwood), 'the Potter Valley · . Irrigation District (PVID), and City of Ukiah '(Ukiah). The foregoing parties are collectively -referred to herein as -."the signatories". · . . ~ECITALS: This· Agreement is made with reference to the -. following faCts: - · . A. WHEREAS, the Russian River and its tributaries are valuable resources vital to economic .development, environmental quality and' general well being of the signatories, and their. constituents. B. WHEREAS, ·the Eel River diversions into the Russian RiVer Watershed are absolutely vital to that economic development, environmental quality and general well being; C. WHEREAS, the signatories recognize that a united voice is required of all of the signatOries when it comes to issues relating to (1) the continued Eel River'Diversion; and '(2) the viability of the PG&E Potter Valley Project; and (3) the po~ential sale by Pacific Gas & Electric (PG&E)of the.Potter Valley Project;. and (4) to conduct negotiations, and enter into. agreements, with agencies and entities .located outside Mendocino County and with the ... . State and Federal Government respecting Eel River and RuSsian River waters .. D. WHEREAS, this Co~mission will require, financial resources to pay the Costs of administration thereof and .the cost .. of acquisition of Water works, 'power works and related assets, as may from time 'to time become necessarY. . E. WHEREAS, Title I, Division 7, Chapter 5' (commencing with Section 6500) of the GoVernment - Code of the State .of California authorizes the joint exercise by agreement.'of two or more public agenCies.of any power co~on to them. .· F. WHEREAS, pursuant to Section 25680 et seq. of the Government Code, the parties hereto possess :in common the power t° ' . study, discuss, formulate and recommend policies, action plans, and procedures for (1) the acquisition of water works and power plants and related assets and rights; and (2) to Undertake .-any act necessary ~for preservation of the· continued Eel' River diversion into the RuSsian River watershed; and (3) to Undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; and (4) to purchase or otherwise acquire the same; and (5) to 'conduct negotiations and enter agreements with.persons, agencies and entities located ·outside Of Mendocino County and with state and Federal Governmental agencies respecting· Eel River and .. Russian-River Waters. ..:- : -. ?. E. .'.. · . G. WHEREAS, the parties hereto recognize that .'the .exigencies of 'the problems .in this area and within their respective.. Jurisdictions require that they unify and coordinate their efforts. in solving said problems by entering into this agreement'to-.prOvide · . for the Joint exercise Of their said POwers .in aiding and.assisting - . in (1) the acquisition -of water works and power plantS' and.related assets and rights; .and (2) to undertake any act necessary for -. preservation of the' continUed Eel R~ver diversion 'into the. Russian River watershed; and (3) t°. undertak~ any act., necessary for the. maintenance of' the viability of the PG&E Potter Valley. Project'; and (4) to purchase 'or otherwise acquire the. same; and (5) to conduct negotiations and enter agreements with persons, .agencies · and entities located outside of MendoCino County-and with state and Federal Governmental agencies respecting, Eel River and Russian · River Waters; and '(6) to formally' establish-a Joint powers agreement to formulate, implement and execute such a plan, and. to officially establish and structure the Board of DireCtors of said Joint Powers Agency; NOW, THEREFORE, in consideration, of the mutual benefits, · · covenants and agreements set forth herein, the parties hereto agree as follows: ARTICLE I -.AUTHORITy SECTION 1.01. Legal Authority. This Joint Exercise of Powers Agreement is made under the authority of Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government ·code of the State of california. 'ARTICLE II - DEFINITIONS '- SECTION 2.01. e~_~r~' Unless the Context.°therwise · . 'requires, the words and terms defined in' this Article II' Shall, .for -- · the purposes hereof, have the meaning specified below: . SECTION 2.02. ~. "Act" means Title I, Divis'ion 7, · . - Chapter 5 (commencing with Section 6500) of the 'GoVernment.code of the State 'of California: .- SECTION 2.03. ~ommission, 'CommissiOn'-"- means the Mend0cino Inland water and Power C0m~ission created pursuant 'to' this agreement. - .. SECTION 2.04.. Fiscal Year._ "Fiscal. Year- means the period from July'l to and including the .foll0wing 30·. SECTION 2.05,.B°ard of Director~. "Board'. of Directors- means the governing board of the commission established pursuant to_ 'this-agreement. . SECTION 2.06. California. "State- means the 'state of · SECTION 2.07. Administrative Expense -Administ~_L. -' ~Q=.lVe Expense- means'those su~s of money required to be expended-z ~,~'~e Commission from an administrative expense fund, to be established and maintained by the Commission, to finance those' costs of a~n~su'er~ng~-=:~' this agreement and for carrying out the powers and - functions authorized-in this .agreement which are not payable from the .proceeds of either State or FederaI grants. SECTION 2.08. ~9_~~ "Member- means a'member· of'the Board of Directors of the Commission and includes an alternate -~.- . ;. -. ~..'- _ ~ .' r. .. >- . : memDer SECTION 2.09. Eel River .and Russian River Waters, "Eel River and Russian River Waters-~'.means any water originating .in, or · .flowing through the territory of this 'commission in l the Eel Rive~ · or Russian River Watersheds. -. .SECTION 2..10. Potter Valley Proiect..· '"POtter.'. Valley- Project" means all of the real and persOnal property' land Other assets and works operated by Pacific Gas & EleCtric ComPanY in connection with 'Federal .Energy Regulatory commission, PrOject.No. -77 . SECTION 2 .· 11. NEW WAT~. development of additional water for diverting or storing water not already right. "New Water" means .. the . · appropriation either by . subject' to..a..valid Water SECTION 2.12. .MEMBER AGENCY. .. "Member. Agency-. means an . . agency which has signed and ·become a party to this Agreement'. SECTION ·2.'13. SURPLUS FUNDS. "'Surplus funds" means- funds of .the co~mission Which are not needed for its-'.current ~ . . operations (existing monthly expenses or expenses it will ·incur within ninety (90) days), to satisfy short term debt-'(debts due and payable within. ninety (90) days), or obligated under the terms of project specific participation agreements as authorized by Section 6.02(A) (5') or-other valid agreements.of the Commission.. SECTION 2.14. RIGHT OF FIRST REFUSAL. ."Right of first refusal,, means the right set forth in Sections 602'(A)(5)(A) and 602A(6). The Commission shall have the exclusive right· to apply ... for additional water rights .or otherwise 'develop new 'water on its own behalf or on behalf of its Member Agencies, unless:.-. a. A Member' Agency has undertaken an investigation of a Project before the effeCtive date-of this Agreement; 'or · b. Subject to -the commission protecting the . .confidentiality of the information provided by .the Member Agency to. . . the maximum extent permitted by law, a Member ,Agency.has presented a written proposal to the Commission which contains, at a' minimum: for. or develop; (1) The amount of water the agency wishes t°.i apply'-' -.. (2) The point or points of diversion and/or storage; (3) (4) The dates of diversion and/or .storage; A description of the' physical imprOvements required; (5) An estimate of project Cost; ( 6 ) A schedule for making application and constructing the'improvements; and (7) Such additional information as the CommiSsion ... · may reasonably request in order to evaluate the'merits 'of 'the .. proposal (provided the information is reasonably available to the Member Agency without undue cost); and c. Within the time required bY thissubsection (b), the Commission has failed to.notify, the Member Agency that it will make application and construct the improvements in accordance withthe . proposal. The Commission must provide said notice to the'Member · Agency within-.six months after Submission of the proposal, or within a shorter period specified by the Member Agency, if-.the Member Agency can demonstrate 'that a Shorter response time '.is --- reasonably required to Comply with the PropoSed schedule and the' Member .Agency has submitted the proPOsal within a reasonable time after it first began to'consider it; or '" d. After Providing' such notice, the Co~ission 'fails to make application or construct the improvements in accordance with' · the. proposal. · . · . SECTION 2.15. ~: Where the masculine'-gender is used in this document it shall be .interpreted aS referring., to both · masculine and feminine gender.. ARTICLE III - PURPOSE SECTION 3.01. Purpgse. It is the purpose of' this.' agreement to provide a united, coordinated, orderly, positive and more effective means for the following purposes.: '(1.) ithe · acquisition of water works and power plant and related assets and rights; and (2} to undertake any act necessary for preservation .Of · the cOntinUed Eel River diversions into the .Russian RiVer watershed; and (3) to undertake any act necessary ..for :the maintenance of the viability of the PG&E Potter Valley Project; and (4). to purchase or otherwise acquire the same; and (5) to conduct negotiations and enter agreements with persons, agencies -and entities located outside of Mendocino county and with State and : . · Federal Governmental agencies respecting Eel River and Russian RiVer Waters; and (6) to create sinking funds, and; (7) tO raise the funds necessary to support, the administration of the'commission . by.taxes, bonds, benefits 'of assessment., user fees and by all o~her · legal means and to otherwise support the purposes of this' agreement ... · . for the general benefit of all the citizens of the signatories by (8) establishing a separate Mendocino' Inland 'Water and..Power · . Commission; and (9) by vesting this commission·with power (a)to . - effectively coordinate' the formulation, administrati~n and implementation of the purposes of ·this '.agreement; and (10) to establish appropriate .operating and advisory committees to conduct .. public hearing's, .to assist the commission in Carding' out the foregoing purposes and to assist the Commission in the implementation of projects and programs to"carry out-the purposes of this agreement. ARTICLE IV- FORMATION AND.QRGANIZATION SECTION 4.01. .Creation o~ COmmission. Pursuant to the Act, there is hereby created a-. public entity to be known as' the ,'Mendocino Inland Water and . Power Commission", herein Called "Commission.- The Co~mission is a public entity, separate-'and apart from the parties to this agreement and said Commission shall administer this .agreement. SECTION 4.02. Governinq. BOard. The Commission shall be governed by a Board of Directors composed of members from the governing board of .each of the following public entities (1) the Water Agency one member, (2) PVID one member, (3) Redwood one member, and (4) Flood Control one member, and (5) Ukiah One'member. SECTION 4.. 03 Alternates. The Water Agency, PVID, Redwood, FlOod 'Control and the CitY shall also appoint from.its . respective governing board, one alternate member .of the. -Board. of Directors. The alternate may attend and participate in, but 'not vote, at' any meeting of the Board of.. Directors of the. Commission. The alternate may take the-seat of the regular me~_her at-the - commission table and may vote at any-meeting, of the Board Of 'Directors of the CommiSsion at which the regular member from-the alternate's 'public entitY is absent. -. .. SECTION 4'. 04 ~embershiD. -- · .- A. Each member (and alternate-member) shall serve at the pl'easure of-the appointing public entity. If a 'person serving as a me~h~er (or alternate) Ceases to be- a member of the.'goVerning . board of the public entity that appointed such person to serVe as a me-her (or alternate) on the Board of DirectOrs of the' Co~ission, he or she shall at the Same time cease to be a 'mesh_er ,. (or alternate) of the Board of-Directors of the Commission. Such · public, entity shall Proceed without undue delay to appoint' a new. member (or alternate) as the case may be. . B. All voting power of the commission shall reside in the Board of Directors. C. A member of the governing board of the public entity that appointed such person as a member of the Board of Directors of the Commission may serve simultaneOusly as a member 'of the · governing board of such appOinting public entity and as a member of the Board of Directors of the Commission. D. No person while serving as a member of the. Board of Directors of the. CommiSsion shall, he .eligible to be appointed to . . any Salaried office or employment in the service of the COmmisSion nor shall he or she become eligible for such appointment Within .- · three years after' he 'Or she has ceased to be a member of. the 'Board · · of Directors of the..co~mission~ " ' ... · . E. The members of the Board of Directors of-the- 'commission shall serve without comPensatiOn.' This shall'not affect · 'in any way .remUneration received by a local public .official who,. in addition..to hiS/her. responsibilities as a local'public .official, .. Serves as a member of the Board of Directors.of .the Commission. All .members of .the Board of Directors of the..c0mmissi0n-·may be · ... .reimbursed for' reasonable .and necessary expenses incurred in the performance of their. duties as such members Reimbursement Of . expenses shall be ·subject to approval of the Board of Directors of the commission. . . SECTION 4.05. Re=ular Meetinqs. The Board Of DireCtors shall provide for. its regular meetings. The date, hour,, and place of the holding of regular meetings shall be fixed by resolution ·.Of the Board of Directors, and a copy of such Tesolution shall 'be' filed with each party hereto. 'SECTION 4.06; Ralph M.-Brow~' Act. All'meetings of the' Board of DireCtors, including, without limitation,, regular, · . adjoUrned regular and special meetings, shall be called, noticed, · . . held and Conducted in accordance with the'provisions' of the Ralph M~ Brown Act (co~encing.withSection 54950 of the Government.Code · of the State of Cali'fornia). 10 SECTION 4.07. Minutes. The secretary of .the' commission .shall cause .to be kept minutes of the meetings of the Board.of Directors and shall, as soon as possible after..each meeting,. cause · · . . a copy of the minutes to be-forwarded t° .each member of the Board of Directors and ' to each public entity that ts a party to' this agreement for 'approval at the next regular,"meettng of t~he Commission. .- . . . . . , SECTION' 4'. 08. ~. Three (3) mom__hers of '~he Board'of Directors shail .constitute a .qUorum for the transaction of business, except that less than a qUorum may adjOurn., from ~ime to' . time. An affirmative vote-of at least three .(3) members of the Board of Directors shall be required to take action on 'all matters. SECTION 4.09. ~. 'The Board of DLrectors 0f.-'~.e Commission may adopt, from time 'to time, such. by-lawS,".rule~- and regulations for the condUct of its meetings and affairs as are necessary for the purposes hereof, SECTION 4.10. O_~L~. The Board' of Directors of the Commission may establish, and maintain an office within the -. territory encompassed by-the Commission as it deems· Will best . . _ facilitate the accomplishment of the objectives and purposes of the Commission. SECTION 4.11. .BOundarie~_. The Co~mission 'shall encompass (1) all of the territory within and between the geographical bound~..ies of PVID, Redwood and Flood Control;'. and '(2) it shall include all real propertY, located tn Mendoctno county within the watershed of Eel River from. the Mendocino County/Lake 11. .. county Line .on the'East to the toe-of Cape Van Horn Dam 'On the- West; and '(3) the Potter Valley prOject tunnel from Van Arsdale Reservoir on the-North to-the PG&E Power House in Potter Valley . · the South. Immediately after the-commission is created and ·the first Board appointed the Board' shall instruct, an engineer to prepare a metes and bounds legal description and a' map 'shOwing the' exterior boundaries of-the Co~mission boundaries if it is 'reqUired by law to do so or if the CommisSion deems it appropriate..The Commission may expand those boundaries as the Commission may .from · . time to time see fit. If the boundaries ora Signatory. (other' than . . the County) expand by 'annexation or. merger beyond the original . . .boundaries of the co~mission boundaries then the 'commission .- . wi~ll automatically, extend to the signatoriesl new boundaries boundary. ARTICLE V - OFFICFRS AND EMPLOYE~s SECTION 5.01. Chairman, vi~e-¢hairman and Secreta~e .. The Board of Directors shall elect a Chairman and Vice Chairman from among its members at '~ts first meeting. Thereafter at its .. first meeting in ·each succeeding calendar year, the-Board of : Directors shall elect a Chairman and Vice Chairman. Each officer~ Shall assume the dUties of his/her office upon election. If either the .chairman or the Vice Chairman ceases to be a member, the resulting vacancy shall be filled at the next-regular meeting of the Board of Directors held after, such vacancy occurs. The Chairman shall preside at and conduct all meetings of the Board of Directors. 12 -A. The Board of-Directors shall Select a'-Secretary who . may' but need not, 'be a' member of 'the Board of Directors. The Secretary 'shall serve at the pleasure-of the Board'-of Directors and shall perform those duties and functions Customary to the offiCe of. Secretary Of.'a public' entity. . B. The Chairman shall sign' all contraCts On .behalf Of . . the .Commission' and' Perform-such Other duties as may be 'imPosed by the'Board of Directors.. .. '"' .- C. The ViCe Chairman shall act, sign 'contracts, .and · perform all of the Chairman's 'duties in the absence from the County. of Mendocino of the Chairman and in the. event the" Chairman.'-is able to so act. due to reasons of illness, disqualification,, or _. conflict of ·intereSt. SECTION 5.02. Treasurer. -The Treasurer-Tax Collector 0f the County of Mendocino is hereby 'designated as .the .Treasurer of the Commission and as the depositary to have custody of all the money of the Commission from whatever source'. The Auditor- Controller of the County of' Mendocino is hereby designated as the Audit°r~Controller of the CommiSsion,. The Treasurer-Tax. COllector and the Auditor-ContrOller shall have the.· duties and Obligations. set forth in Section 6505 and 6505.5 of the. Act and shall assure .. that there shall be strict accountability of all funds and report . of all receipts and disbursements of the Co~ission. The governing board may select another treasurer or auditor con'roller after adoption of this JOint Powers Agreement. . . The Board of Supervisors ofthe County of-MendoCino shall 13 · ... ,. : o. ~.- o. ~.- 2' ."7.- ' · . . I - o . ;~- -.. ?.- . 21' · · : . -_ .. ~._ o.. -. .. . · . · . .'~- · ~-' '~.i'- ' }'~. -, . determine the reasonable charges to be made against the Commission for the services of the Treasurer-Tax Collector and Auditor- Controller, such charges not to exceed the actual cost to the County'of such services. SECTION 5.03. ~onding Persons Havinq Access to proDert¥. From time to time, the parties hereto shall designate the public officers or persons, in addition to the TreaSurer-Tax ColleCt°r and AUditor-Controller, having charge of handling or having access to anY property of the Commission, and shall further designate the respective amounts of the official bonds of the Treasurer and Auditor-Controller and such other persons purSuant"to Section 6505.1 of the Act. SECTION 5.04. Enqineering and Legal Advisors. The Board of Directors may select, appoint, employ and retain engineering and legal advisors of the Commission, who shall perform such duties as may be prescribed by the Board of Directors. The Board may select an engineer or legal advisor of one of the signatories to serve in these capacities. SECTION 5.05. Other Employees. The Board of Directors shall have the power to appoint and-employ such Other officers, employees, and may contract with consultants and other professional persons or firms as it considers necessary for the purposes hereof. SECTION 5.06. Compensation. The Board of DirectOrs shall determine the compensation of, and pay from Commission funds (including payment from funds which the Commission may receive from time to time in the form of federal and state grants) the salaries, 14 wages, fees and other compensation of such planning,, engineering, legal, financial, or other technical and 'professional personnel, consultants, and other employees of the Commission. SECTION 5.07. ~on-¢ivil Service. Nothing herein contained shall be construed as making the Commission a department of any party to this agreement or as placing any of the officers, counsel, Personnel, or employees of the Commission under any other form of specially protected employment right or .status. ARTICb~ VI - POWERS SECTION 6.01. Subject to .the limitations on the commissions powers set forth in Section 7.01 of this agreement, the Commission is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers-to accOmplish the purposes of this agreement including, but not limited to, any or all of the following: · A. As provided in the Act, the Commission shall be a public entity separate from the parties hereto. The commission shall have. the power to aid and assist in the formulation, administration and'implementation of: (1) to acquire water works and power, plants and related assets and rights; (2) to undertake any act necessary for the preservation of the continued Eel River diversion into the Russian River watershed; (3) to undertake any act necessary for the maintenance of the viability of. the PG&E Potter Valley Project; 15 (4) to purchase or otherwise acquire the same; (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal GoVernmental agencies respecting Eel River and RusSianRiver Waters; (6) to develop other sources of water for the benefit of the commission's constituents either alone or conjunction with.other agencies; (7) to raise the funds necessary to support the administration of the Commission and the purpose of this agreement by (a) imposing taxes, (b) incurring bonded indebtedness and issuing bonds, (c) by levying benefits of assessment, (d) by imposing user 'fees, and (e) by securing grants-and loans from government agencies and others; (8) to establish appropriate operation and advisory Committees to conduct public.hearings, to assist the Commission in carrying out the purposes of the Commission, and to assist the Commission in the.implementation of projects and programs to carry out the purposes of the Commission; and (9) to further administer, coordinate, promote, carry out and implement the purposes of this agreement as referred to in Section 3.01 of Article III hereof. B. To make and enter into contracts; C. To employ agents, employees, consultants, and independent contractors; D. To acquire, hold or dispose of real, personal and 16 intangible property, or any interest therein, by deed, purchase, lease, contract, gift, devise, or otherwise; E. To sue and be sued in its own name, except as otherwise provided by law. An action to determine the validity of any contract may be brought pursuant to Chapter 9 (commencing with Section 860) Title 10, Part 2 of the Code of Civil Procedure of the State of California; F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of any of the separate public entities that are parties to this agreement; provided that the total debts, liabilities or obligations incurred in any fiscal year do not exceed the revenue received in the same fiscal year, unless in the form of a bond properly issued by the Commission; G. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or private., and expend such funds for the purposes set forth in this agreement; H, To invest any money, that is not required, for the immediate necessities of the Commission, as the Commission determines is advisable, in the same manner and upon the same conditions as apply to local agencies, pursuant to Section 53601 of the Government Code of the State of California; I. To carry out and enforce all the provisions of this agreement; 17 J. To contract for and obtain insurance against any insurable risk reasonably anticipated to result from the exercise of any powers or functions of the Commission or the performance of any duties by the officers and employees of the Commission; K. To make, adopt, amend, and repeal.its by-laWs, rules, ordinances, resolutions and procedural regUlations not inconsistent with, and to carry into effect, the powers granted in and purposes of this agreement; L. To perform such duties and functions as may be necessary or appropriate for the coordination of federal or state assisted programs and projects within the geographical boundaries of the Eel and Russian River watersheds; M. To do and perform any and all acts necessary to participate in federal or state assisted projects within, or without, the jurisdictional boundaries of the Commission, including, without limitation, applying for, accepting and administering grantsor other financial assistance from the federal government, the state, or oth'er public agencies, or from any other sources, public or private, for suCh projects; to sue and eXPend such funds for any of the purposes as described or referred to in this agreement; and to enter into and carry out 'contracts or agreements in connection therewith which are not inconsistent with the purposes and powers of the Commission as set forth in this agreement; N. To aid and assist member entities and other pUblic agencies in the application for economic support of appropriate 18 projects and programs; O. To adopt a seal and alter it at its pleasure; and P. To acquire property through the power of eminent domain. SECTION 6.02(A). .Delegated Powers. The signatories delegate to the Commission the right to act on behalf of any and all of the signatories in the following areas: (1) to negotiate for and to purchase or otherwise acquire the Potter Valley Project from PG&E; (2) to undertake any act necessary 'for the preservation of the continued Eel River diversion into the Russian River watershed; (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; (4) to undertake any act necessary for 'and negotiate and otherwise deal with persons, agencies, and entities located outside of Mendocino County and with State and Federal Agencies respecting Eel River and Russian River Watersupply issues (as defined in S2.09). (5) to apply for and otherwise develop water and water rights ("a Project") for the benefit of the territory of the Commission, subject to: (a) the Commission's right of first refusal; and (b) a participation agreement among those Member Agencies participating inthe Project that sets forth the terms of that participation, including, but not limited to, each Agency's 19 participation in financing the Project, its share of project benefits and debts and its rights and duties, if the participating Member Agency seeks to terminate its participation in the Project or its membership in the Commission. (6) Ail future water applied for by the various agencies will be applied for by the CommisSion subject to an agency's right to pursue a project if the Commission does. not exercise its right of first refusal, and apportioned upon withdrawal. SECTION 6.03 Claims. All claims and .actions for money or damages against the Commission and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Government Code of the State of California. The Commission shall be deemed a "public entity" within the meaning of Division 3.6 of Title I of said Government Code. SECTION 6.04. Interests in Contracts. The provisions of Article 4 (commencing with Section 1090), Article 4.5 (commencing with seCtion 1100), and Article 4.6 (commencing with Section 1120), Chapter 1, Division 4, Title I, and Sections 87100 et seq. of the Government Code of the State of California prohibiting certain financial interests in public contracts and pertaining to conflicts of interest shall apply to the officers, directors, and employees of the Commission. SECTION 6.50. Enforcement by Commission. The Commission is hereby.authorized to take any or all legal actions necessary and permitted by law to enforce this agreement. 2O ARTICLE VII - RESTRICTIONS QN POWERS SECTION 7.01. Specific Restrictions. The following specific restrictions on the.powers and functions of the Commission shall apply and be observed by the Commission: A. The Commission shall not interfere in the internal affairs of a member entity. B. The Commission shall have no veto power over grant applications submitted to state or federal agencies by a member entity. C. The Commission shall not have the power to acquire, by eminent domain or otherwise, the water or water rights of a signatory hereto nor of any private water rights owners within the Commission's territ°ry. D. The signatories do not delegate to the Commission their respective water, water rights, contracts with third parties or between signatories, nor the right to perform, enforce or negotiate with respect to the same. E. No tax will be imposed upon the citizens of the Commission without prior approval of the Boards of the respective signatories, and compliance with State law. F. The Commission shall not have the power to participate, by intervention or otherwise, in litigation or administrative hearings, between one of the members and any other party respecting that members water right or contract rights relating to its water, without the consent of that member. ARTICLE VIII - METHOD OF PROCEDURE 21 SECTION ~8.01. AssumptioD o~ Responsib~litles. UPon completion of the initial organization of the Commission and' the selection of a chairman and .vice Chairman, and the appointment of .. the Secretary and Engineering and Legal Advisor, the Commission shall proceed to carry out its duties and responsibilities as set forth in this agreement. ARTICLE IX - FINANCIAL AND INSURANCE PROVISIONS SECTION 9.01. Fiscal year. The fiscal year. of .the commission shall be from July I of each year to and including. June 30 of the following year- SECTION 9.02 Insurance . The Commission shall secure and maintain insurance for personal injury in the minimum .amount of $1,000,000 per person and $3,000,000 per incident, or more, and for .damage to property of the Commission and others in the minimum amount of $1,000,000 per incident, or more. SECTION 9.03. ContribUtions. The .parties hereto' shall each contribute to the Commission within 30 days of approval of this agreement by all five member agencies the sum of $2,000.00. Any financial contributions other than set forth above shall-be made only upon approval of the board of the COmmission and ratification by the boards of the member agencies. The expenditure of funds contributed to the Commission by the parties hereto shall be used only for ordinary administrative and operating expenses of the Commission and for payment Of fees and costs incurred or to be incurred by the Commission in connection with the execution of its purpose. 22 SECTION ·9.04. Annual ~udge~. A. The Board of Directors of the Commission shall, on or before February 1 of each year, prepare and submit to each party hereto a budget estimate of the expenses of conducting the CommiSsion for the ensuing year. · . B. The budget estimate shall be in such form as the Board of Directors may prescribe using the guidelines of the California State Controller. The budget estimate shall contain a summary of the fiscal policy of the CommisSion for the budget Yea~ . and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of financing the budget for the ensuing year, contrasted with the corresponding data for the current year. The budget estimate may include an unappropriated balance item to be available for appropriation in the ensuing fiscal year to meet contingenCies other than contingencies resulting from temporary insufficiencies in the revenues of the Commission. C. After submission of the budget estimate, the Board of Directors shall fix a time and a place for hearing by the Board'of Directors thereon. At the budget hearing the Board of Directors may increase or decrease any item in the budget estimate and may delete any item therefrom or add any new item thereto. Upon the conclusion of the budget hearing and not later than March I of each year the Board of Directors shall approve the budget estimate as submitted to the parties hereto or as revised by 23 the Board of Directors, and thereupon the same Shall constitute the final budget for the ensuing fiscal year. The several items of the .final budget shall be deemed appropriated for the ensuing fiscal year in the amounts and for the purposes'specified in the final budget. SECTION 9.05. ReCords and Accounts. The Commission shall cause to be kept accurate and correct books of account, showing in detail the costs of administration, bond interest, bond redemption, operation and maintenance, and all financial transactions of the Commission. Said books of account shall be open to inspection at all time during normal working hours by the public or any representative of any of the parties hereto, or by and. accountant or other person authorized by any party hereto to inspect said books of account. The Auditor-Controller. shall, in accordance with Section 6505 of the Act, cause the books of account and other financial records of the Commission to be audited annually. ARTICLE X - TERMINATION SECTION 10.01. Term. This agreement shall be effective 30 days after this agreement is approved by each of the member .agencies, and shall continue until rescinded or terminated by agreement of all the parties hereto, provided that termination shall not occur less than six months before the end of the fiscal year. SECTION 10.02. (A) Disposition of Assets. On the termination of this Agreement, and subject to project specific 24 Participation agreements, as provided in Section 6.02 (A) (.5), surplus money of the Commission shall be distributed to the Member Agency in the same proportion that the contribution paid by each Member Agency bears to the total contributions by the Member Agencies. All other assets of the Commission, bOth real and personal, tangible and intangible, shall be disposed of in suCh manner as the Member Agencies shall agree. Until the Member Agencies have agreed, the Commission shall hold the assets in trust for them. (B) Disposition of Liabilities: To the extent permissible by law the debts and liabilities of the Commission shall not become the debts and liabilities of the member agencies. (C) Any debt incurred pursuant to a specific participation agreement shall be disposed of. upon termination of this agreement or withdrawal of a member as provided for in that agreement. ARTICLE XI - MISCELLANEOUS PROVISIONS SECTION 11.01. Notices. Notices hereunder shall be sufficient if delivered to: The Chief Administrative Officer of each party hereto or to such other person and address as a party hereto may request in writing to the Commission from time to time.. Notice to the Commission shall be sufficient if delivered to the Office of the Secretary of the Commission. SECTION 11.02. Amendment of Agreement. This agreement may be amended only by an agreement, in writing, approved by all of the then participating public entities. Approval of the Board of 25 Directors of the Commission shall not be required for amendment of this agreement. SECTION 11.03. Partial Invalidity. If anY one or more of the terms, provisions, sections, promises, covenants, or conditions of this agreement shall to any extent be adjudged invalid, unenforceable,· void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining agreement shall not be affected thereby, and shall be valid' and enforceable to the fullest extend permitted by law. SECTION 11.04. Withdrawal of Member. A Member Agency may terminate its membership in the Commission at any time after first providing the Commission with Six months notice~ of its intent to terminate ("a termination notice"). Subject to project specific participation agreements as authorized by Section 10.02 (A), (B) and (C), upon termination, the Commission shall provide the Member Agency with its pro rata share-of surplus funds of the Commission as of the date when the Member Agency first provided the Commission with a termination notice. SECTION 11.05. Notice ~o Secretary 'of State. The Secretary of the Commission shall, be responsible for preparing and filing the notice to the Secretary of State of this joint exercise of powers agreement, pursuant to the provisions of Section 6503.5 of the Government Code of the State of California. IT WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their proper officers thereunto duly authorized, and their official Seals to be hereto affixed, as of the date and year first above written. 26 MENDOCINO COUNTY WATEP,.AGENCY OF THE COUNTY OF MENDOCINO C.hairma~ of~the Mendoci~o County Water Agency · (SEAL) ATTEST: Clerk of ~h~Board of SupervisOrs of the County of Mendocino, State of California .. Deputy Clerk Approved as to form:' Counky Counsel (SEAL) POTTER VALLEY IRRIGATION DISTRICT Chairman of the Board of the Potter Valley Irrigation District ATTEST: Secretary to the Board of Potter Valley Irrigation District REDWOOD VALLEY COUNTY WATER DISTRICT Chairman of the Board of the Redwood Valley County Water District (SEAL) ATTEST: SeCtary to the Board of Redwood Valley County Water District 27 MENDOCINO COUNTY RUSSIAN RIVERFLOOD Chatrm~n of the Board of the. Mendocino County Russian'River FloOd Control and Water Conservation Improvement District (SEAL) ATTEST3-7 / S~=retary to the Board ~' Mendocino County Russian River Flood Control and Water Conservation Improvement District Mayor of the City of Ukiah (SEAL) city' C~&rk The foregoing instrument, is a correct copy of the original on file in-tl~i~ office ATTEST: . . ]O¥CE A~ B~ Clerk. of the Board o~_.SuperVisdrs of the County of Mendocino, State of California --. Deputy . .. 28 EXHIBIT "A" County of Mendocino Potter Valley Irrigation District RedwOod Valley County Water District MCRRFC&WCID City of Ukiah 29 AGENDA ITEM NO: 9e MEETING DATE: February 19, 2003 SU PI PlARY REPORT SUB~IECT: DISCUSSION AND POSSIBLE ADOPTION OF RESOLUTION OPPOSING WAR AGAINST IRAQ - COUNCILt4EF4BER ANDERSEN Councilmember Andersen has requested that the Council consider passing a resolution opposing war against Iraq. Attached for your information is a draft resolution for consideration. Also attached is background information on this movement from two websites, citiesforpeace.org and globalexchange.org. RECOI414ENDED ACTION: Discuss and possibly adopt resolution opposing war against Iraq. ALTERNATIVE COUNCIL POLICY OPTIONS: Decide that resolution is not appropriate at this time and provide direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Shannon Riley, Executive Assistant N/A 1. Proposed resolution 2. Overview of Cities for Peace Campaign 3. Top Ten Reasons Not to Invade Iraq, from Global Exchange Approved ~-~nd~c~ Hors~ey,~ty Manager 4:CAN/ASR.Iraq.21903 RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH OPPOSING PREEMPTIVE MILITARY ACTION AGAINST IRAQ WHEREAS, preemptive wars are a violation of international law; and WHEREAS, twelve years of United Nations sanctions have resulted in the deaths of thousands of Iraqi civilians but have failed to dislodge Saddam Hussein from power; and WHEREAS, a preemptive attack on Iraq is likely to result in massive civilian casualties, as well as military casualties on both sides of the conflict; and WHEREAS, such an attack will take the lives of American service men and women, who are our sons and daughters; and WHEREAS, it is estimated that an invasion of Iraq will cost a minimum of one-hundred billion dollars, with Californians bearing more than ten billion dollars of this cost; and WHEREAS, a war will divert funds away from needed health and human services as well as housing, transportation, and other critical programs at a time of severe budget cuts and shortfalls; and WHEREAS, we give our unconditional support to U.S. military personnel serving at home and overseas in their battle against global terrorism and should our military forces be sent to Iraq, we give our unyielding support to our young men and women serving in the nation's military, even if we oppose the policy that sent them there; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah expresses its opposition to a unilateral war against Iraq; further, it calls upon the President and Congressional representatives to provide a level of leadership that will enable the United States to develop policies and programs that will peacefully promote democracy and a genuine respect for human rights in Iraq and throughout the world. PASSED AND ADOPTED on this 19th day of February 2003, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Marie Ulvila, City Clerk Eric Larson, Mayor Resolution No. 2003- Page 1 of I About Cities for Peace Page 1 of 2 Cities for About Cities for Peace Cities with Resolutions Resolution Tool Kit UFP/CFP Action Alerts Reading Room Contact Us Cities for Peace Campaign Cities for Peace is a rapidly growing coalition of local elected officials and concerned citizens working to get City Councils and other civic bodies to pass resolutions against a war on Iraq. Civic and religious leaders, educators, peace activists, business leaders and individuals from all sectors are coming together across the country to say "no" to President Bush's call for war. We the people of the U.S. are wary of a military venture against a country that has not attacked us. We are fearful that a war will lead to the deaths of thousands of Iraqis and US troops. We see this as a potentially dangerous distraction from fighting terrorism and we are aware that such a war would have devastating consequences on our city budgets and on local capacity to meet the current needs of our own communities in these difficult economic times. Citiesforpeace.org links you to the more than 80 cities who have passed resolutions, and the citizens in the more than 90 that now have Cities for Peace campaigns underway. A Cities for Peace campaign helps you exercising your democratic rights at the community level by working with local elected officials and other public institutions to pass resolutions expressing the people's will on war. War is not simply a national matter -- it is already affecting our communities, and the invasion has not yet begun. The many passed resolutions compiled here are a testament to the growing unease that people across the country are feeling about Bush's preemptive strike policy and to their commitment to cultivating a world based on peace and justice. The Institute for Policy Studies is working with the Education for Peace in Iraq Center (EPIC), National Priorities Project, and some American Friends Service Committee chapters help connect and educate grassroots groups, students, the faith-based community and others as they draft and pass City Council resolutions or letters opposing war with Iraq. Similar resolutions can be passed in other bodies, such as student council bodies, faculty senates, unions or church boards. We are working with groups through the United tbr Peace coalition. In addition to opposing U.S. military action against Iraq, these City Council resolutions are highlighting how taxpayers, city and state budgets, and critical social services will be http://www, ips-dc.org/citiesforpeace/about.htm 2/13/03 About Cities for Peace Page 2 of 2 impacted by the costs of a war with Iraq. To join this effort contact Karen Dolan, 202-234-9382, ext. 228, or kdolan~igc.org; or Amy Quinn, 202-234- 9382, ext. 238, a-quinn~mindspring.com Your donation in any amount helps us maintain this website and support the citizen-activists around the country who have brought the various resolutions to fruition. Donate Now! http://www.ips-dc.org/citiesforpeace/about.htm 2/13/03 TOP TEN REASOI IS NOT TO I hlVADE I RACZ The White Home is set to launch a war against Iraq. Yet there has been no convincing explanation of why a war is needed, and the international community is strongly opposed to a US attack on Iraq. A war against Iraq would isolate the USj~om the rest of the world, undermine the effort against terrorism, and kill tens of thousands of civilians. This is a war that will tear the world apart. 1) There Is No Justification for Going to War What was Iraq's act of aggression against us that justifies war? There has been no attack on the US, no Iraqi threat of war, no Iraqi connection to September 11. War should be a last recourse of self-defense, a step to be taken only when all other alternatives have been exhausted. What the Bush Administration is planning is an act of aggression, not self-defense. 2) Iraq Does Not Pose a Clear and Present Danger The White House says we should invade Iraq to prevent Saddam Hussein from using weapons of mass destruction. But during the 1990s United Nations weapons inspectors dismantled all of Iraq's major weapons factories and destroyed nearly all of Iraq's chemical and biological weapons and long-range missiles. According to Ex-Marine and former UN Weapons Inspector Scott Ritter, Iraq presents "absolutely nothing" of a military threat. Since deterrence is working, why should the US start a war that would lead to massive human suffering? 3) When It Comes to Invading Iraq, the US Has Few Allies The international community supports sending weapons inspectors to Iraq to disarm Saddam Hussein's regime, but it does not support the White House's goal of "regime change." An invasion of Iraq would isolate the US and shatter the principles of international cooperation that are key to US and global security. 4) An Attack on Iraq Would Make Us Less Safe. An isolated US is an unsafe country. Attacking Iraq without provocation will ignite anti-American sentiment around the world, disrupting efforts to weaken terrorist networks. While the benefits of invading Iraq are murky, the costs are all-too-clear. 5) A Costly Invasion Would Take Resources Away from Much Needed Priorities at Home It is estimated that any full-scale invasion of Iraq will cost up to $200 billion. During the first Gulf War, allies like Japan covered 80 percent of the cost. This won't happen again. Instead of spending $200 billion on an unnecessary war, we should be investing in our nation's overcrowded schools and failing health care system. 6) Invading Iraq Would Be Difficult--and Without a Clear Victory An invasion of Iraq will not be as easy as kicking the Taliban out of Kabul. And if the US does overthrow Hussein, what next? An invasion without allies would leave the US to enforce a peace in a country fractured by ethnic conflicts. 7) A War Would Kill Thousands of People An assault on Baghdad would result in far more American casualties than the war in Afghanistan. And the toll on Iraqis would be terrible--an invasion of Iraq could lead to the deaths of 80,000 innocent civilians. 8) We Should Not Wage a WarforOil The Bush Administration says we must invade Iraq because Saddam Hussein is abusing his own people and pursuing weapons of mass destruction. Yet at the same time the US supports the nuclear-armed dictator of Pakistan. The double standard makes one wonder: What is this war really about? The short answer is oil. We should not attack people in a far-off country to take their resources. 9) Other Options Besides War Are Available When North Korea announced that it was close to constructing a nuclear weapon, the Bush Administration didn't threaten war--instead, it started cooperating with our allies in Asia to defuse the situation. The North Korean experience shows a way of dealing with weapons of mass destruction and proves that negotiations are preferable to war. 10) Opposition to the War Is Growing Americans know deep down that this war makes no sense. We have to educate our fellow citizens about why war with Iraq is wrong, and then hold our elected representatives accountable to the will of the people. 2017 Mission Street, # 303 · San Francisco, CA 94110 · tel 415.255.7296 · fax 415.255.7498 · www.globalexchange.org UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE February 19 2003 8:00 P.M.* 1. ROLL CALL m AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 1 1 APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of January 15, 2003 5. NEW BUSINESS a. Consideration of Disposition of Property-Assessor's Parcel No. 002-224-16 b, Consideration of Encumbrance of Funds for the Purpose of Establishing a Low and Moderate Income Housing Rehabilitation Program 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 002-224-16 Owner: Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. UKIAH REDEVELOPMENT AGENCY Regular Meeting of January 15, 2003 The Ukiah Redevelopment Agency met in regular session on Janu; notice for which had been legally noticed and posted, at 11:54 p.m. in Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll following Commissioners were present: Commissioners Rodin Baldwin, and Chairman Larson. Staff present: Assistant City Director Harris, Executive Director Horsley, City Attorney Rapp Secretary Ulvila. "' Recl the 2. AUDIENCE COMMENTS ON NON-AGENDA No one came forward to address the Agency. 3. APPEAL PROCESS Chairman Larson reviewed the appeal 4. APPROVAL OF MINUTES 4a. Regular Meeting of December 18, 2002 M/S Smith/Baldwin approving ti of the Regular 2002 as submitted and carried Js consent of CoUncil' 9r 18, 5. NEW BUSINESS 5a. A_~Droval of 2002/03 Deputy Director Harris advised opportunity to address the few issu~ since the bu( year. et Amendment is the ~lications that have occurred to arise throughout the rest of the fiscal M/S Bal ado Smith, Bald' Iment to the 2002/03 Agency Budget as Amendment Summary of Transactions; ~missioners present: AYES: Rodin, Andersen, iOES: None. ABSENT: None. ABSTAIN: None. h th, Action Regarding State Budget Deficit discussed the State Budget deficit with the City Council Low and Moderate Income Housing Fund balances. The id is $112,193. The unfortunate affect of the transfer of these will be that the Agency's efforts in assisting other agencies, such as lity Housing Development Corporation (RCHDC) and the Community )n (CDC) in providing Iow and moderate housing developments for Id the disabled, will be essentially stopped. In addition, the annual funding and Ukiah Community Center's efforts to provide assistance to the will be suspended. There was some discussion concerning the transfer of ~unds to other accounts. Regular Meeting July 17, 2002 Page 1 of 2 Si None. 7, None. 8. None. COMMISSIONERS' REPORTS EXECUTIVE DIRECTOR REPORTS CLOSED SESSION 9. ADJOURNMENT There being no further business, the meeting was adjourned at 11 '5 Marie Ulvila, Recording Secretary Regular Meeting July 17, 2002 Page 2 of 2 ITFM NO. 5a DATE: February 19, 2003 UKZAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUB3ECT: CONSIDERATION OF DISPOSITION OF PROPERTY-ASSESSOR'S PARCEL No. 002-224-16 This item may be considered in Closed Session if the Council wishes to discuss it further. RECOMMENDED ACTION: N/A ALTERNATI*VE AGENCY POLI'CY OPTI'ONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Larry W. DeKnoblough, Assistant Redevelopment Director Coordinated with: Candace Horsley, Executive Director Attachments: None APPeOVED: ~._~.~.~,-~.~-~_~_~. iv Candace Horsley, Exec~t' e Director LD/7./P2 Medico.Asr ITEM NO. 5b DATE: February 19, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF ENCUMBRANCE OF FUNDS FOR THE PURPOSE OF ESTABLISHING A LOW AND MODERATE INCOME HOUSING REHABILITATION PROGRAM As the Agency is aware the State has indicated that surplus Iow and moderate housing funds may be captured from local redevelopment agencies to assist the state in resolving its significant budget deficit. Although the majority of Ukiah's housing funds have been previously allocated, $369,000 remains in the fund ($112,000 balance on 11/30/02 has been augmented by new tax increment and interest). In an effort to preserve these locally generated funds, staff is recommending the development of a Iow and moderate income housing rehabilitation program. As Ukiah's housing prices escalate it is becoming increasingly difficult for homebuyers in this economic category to purchase the traditional "fixer upper" and still have adequate funds to do essential upgrades. As Ukiah's existing housing stock ages, the number of homes needing upgrades will increase and a housing rehabilitation assistance program, in which the Agency works with local lenders and contractors, may provide a valuable avenue to accomplish improvements which may otherwise be economically infeasible. Staff is not at this time proposing specific program guidelines. Should the Agency wish to proceed, staff will meet with local lenders and contractors to develop program standards and administration and return to the Agency with a specific program proposal. However, in order to secure the funds for future program implementation, staff is requesting the Agency designate the funds for the purpose of establishing a Iow and moderate-income housing rehabilitation program. RECOMMENDED ACTION: Approve encumbrance of $369,000 of Low and Moderate Income Housing funds for the establishment of a housing rehabilitation program. ALTERNATIVE AGENCY POLICY OPTIONS' 1. Determine funding of a housing rehabilitation program requires further consideration and remand to staff with direction. 2. Determine funding of housing rehabilitation program is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments- N/A N/A Candace Horsley, Executive Director Larry DeKnoblough, Assistant Redevelopment Director and Michael F. Harris, Deputy Redevelopment Director None APPROVED:. ~ ..."¥'~-~--~ LD/ZIP2 Candace Horsley, Exlcutive HousingRehab.AsrRDA Director To: From: Date: Re: Fellow Councilmembers Paul Andersen February 18, 2003 Iraq War Resolution Utilizing data from the 2000 Census and estimates of the cost of a war with Iraq provides us with an interesting analysis of Ukiah taxpayer's share of cost for the war. The following represents the methodology used to arrive at an estimated Ukiah cost of $3.2 million. Attached pages outline the methodology used in greater detail. Methodoloqy The following data represents the potential costs of a war with Iraq, based on a methodology devised by the National Priorities Project. It assumes that the was will cost the United States $100 billion. Population and median income data is derived from the 2000 Census. California's share of cost: $10,159,000,000 CA Population 2000: Ukiah Population 2000: Ukiah as % of CA: 34, 501,130 15,497 .045% CA median income 2000: Ukiah median income 2000: Ukiah median income % of CA: $46,808 $32,7O7 69.9% CA Cost * Ukiah & population = Ukiah share of cost $10,159,000,000 * .045% = $4,571,000 Ukiah share of cost * Ukiah median income % = Final tax payer share of cost $4,571,000 * 69.9% = $3,195,513.45 Total Ukiah Taxpayer Share of Cost= $3,195,513.45 Cost Methodology Page 1 of l Methodology for Calculating the Cost of War to Your City: See our factsheet ~Tlne....g.o.s. Lo.~7_.i.u.~.a0i.t~.g..!raql (http://www.nationalpriorities.org/iraq.pdf) for an explanation of the $100 billion figure for the cost of a war. While there are competing estimates, including the Bush Administration's estimate of $50 billion, based on the costs of the 1990-91 Persian Gulf War and other factors, it is quite likely that an invasion of Iraq would cost at least $100 billion. This figure does not take into account post-war occupation or reconstruction costs. The state estimates provided on the back of the factsheet are based on the percentage each state's residents contribute to the total pool of individual income taxes. Individual income taxes contribute about 80% of the revenues which finance non-Trust Fund items in the budget. This means that we've broken down about $80 billion of the cost of the war by state. We've excluded corporate income taxes and other taxes that would pay for the other 20%. From there, we calculate city and county estimates based on population and median family income. For example, let's say Peaceful People city in Wyoming constitutes one-fourth of the entire population of Wyoming, and its median family income is 10% more than the median of the state as a whole. The state estimate for Wyoming is $147 million. We take the $147 million, multiply it by 25% (for its share of the population) and 110% (for its relative wealth). That gives us an estimate of $40.4 million. Since wealthier taxpayers pay more in taxes, the weighting of the median income allows the figure to be adjusted upwards or downwards accordingly. Our population and median family income data is from the Census Bureau, Census 2000. Home I The Issues I The Budge_ti Interactive I Database I Charts I Archives I Links I Partners I Take Action I NPP I Donate National Priorities Project 17 New South St., Suite 302 Northampton, MA 01060 Tel:413-584-9556 Fax:413-586-9647 Email:info @ nationa!priorities,o.rg http://www.nationalpriorities.org/issues/military/iraq/methodology.html 2/16/2003 O~erica"s s~O~.. THE COST OF INVADING IRAQ NATIONAL PRIORITIES PROJECT ~0' LOCALIZED REPORTS SINCE 1983 The Bush Administration currently proposes to wage war on Iraq. Below are a few considerations about the cost of that action to the American people. A war on Iraq is likely to cost $100 billion. Experts, including Senator Joseph Biden, Chair of the Senate Committee on Foreign Relations, indicate that the war may cost as much as $80-$100 billion. The 1990-91 Gulf War cost $61 billion, according to the Department of Defense. That's almost $80 billion in today's dollars. In this case, the administration policy is for a change of regime, suggesting the possibility of a longer, more involved and more costly war. Rebuilding Iraq is likely to cost at least $50 billion. How Much is $100 billion? · Three times what the federal government spends on K-12 education. · Enough to provide health care to all uninsured children in the U.S. for 5 years. · More than four times the total international affairs budget. Different experts weighed in on reconstruction efforts during the recent Senate hearings on Iraq. According to Samuel Berger, Senior Foreign Policy Advisor during the Clinton Administration, estimates for re-building the Iraqi economy range from $50-$150 billion. Scott R. Feil, retired colonel and expert on post-conflict reconstruction, argued that significant material and personnel resources would be required for reconstruction. Just the security forces alone would entail 75,000 personnel in the first year, amounting to $16.5 billion. At least 5,000 troops would have to remain in place for 5-10 years, costing over $1 billion a year. Beyond security, the U.S. would be expected to make a significant contribution for humanitarian and emergency aid, a transitional administration, civil service and other components of reconstruction. Feil estimated that these non- security costs would amount to $15-$25 billion over the next decade. United States citizens would have to pay for the vast majority of the war. The U.S. had much international support during the Gulf War. Allies picked up almost 90% of its cost. However, this war does not have international support. Many allies have made it clear that they are not in favor of a preemptive strike. Germany and Saudi Arabia, among the largest cash and in-kind contributors to the Gulf War, have indicated their complete opposition to an invasion. The U.S. people should expect to pay for most of the war as well as reconstruction. The National Priorities Project offers citizens and community groups tools and resources to shape federal budget and policy priorities which promote social and economic justice. For more information, contact us at: 17 New South Street, Suite 302 Northampton, MA 01060 (413) 584-9556 www.nationalpriorities.org · info(b~nationalpriorities.org Local Contact: ~.~ORl T'i~,~ o,.,~-~.~, % WHAT WOULD THE WAR ON IRAQ COST ~ ""~. :~: o YOUR STATE .9 "**%~rlc,.,s~o~S~,~~The table below presents the estimated cost to your state for a war against Iraq. The cost is based on each state's portion of individual income taxes and assumes that the U.S. will bear the entire cost of a $100 billion war. The total does not equal $100 billion because only individual income taxes are included; corporate and other taxes that would pay for the cost of the war are not included. STATE COST OF COST OF WAR STATE WAR United States (Total) $100,000,000,000 Missouri $1,349,000,000 United States (Ind'l Income Taxes) 81,282,000,000 Montana 154,000,000 Alabama 879,000,000 Nebraska 412,000,000 Alaska 188,000,000 ,Nevada 648,000,000 Arizona 1,199,000,000 New Hampshire 425,000,000 Arkansas 451,000,000 New Jersey 3,609,000,000 California 10,159,000,000 New Mexico 315,000,000 Colorado 1,367,000,000 NewYork 6,780,000,000 Connecticut 1,843,000,000 North Carolina 1,853,000,000 Delaware 239,000,000 North Dakota 122,000,000 D.C. 229,000,000 Ohio 2,944,000,000 Florida 4,805,000,000 Oklahoma 631,000,000 Georgia 2,094,000,000 Oregon 810,000,000 Hawaii 265,000,000 Pennsylvania 3,465,000,000 Idaho 230,000,000 Rhode Island 276,000,000 ,Illinois 4,322,000,000 South Carolina 804,000,000 Indiana 1,542,000,000 South Dakota 158,000,000 Iowa 638,000,000 Tennessee 1,347,000,000 Kansas 670,000,000 Texas 5,648,000,000 Kentucky 782,000,000 Utah 426,000,000 , Louisiana 885,000,000 Vermont 143,000,000 Maine 267,000,000 Virginia 2,168,000,000 Maryland 1,740,000,000 Washington 2,065,000,000 Massachusetts 2,580,000,000 West Virginia 289,000,000 Michigan 2,949,000,000 Wisconsin 1,432,000,000 Minnesota 1,493,000,000 Wyoming 147,000,000 Mississippi 438,000,000 Outside US and DC 606,000,000 © 2002 National Priorities Project, Inc. For information on the cost of war with Iraq to cities, go to: http://www.nationalpriorities.org/issues/military/iraq/costofiraqwar.html. Contact the National Priorities Project: 17 New South Street, Suite 302 Northampton, MA 01060 (413) 584-9556 www.nationalpriorities.org · infb~/;~mationalpriorities.org Local Contact: As of February 17, 2003, 93 Cities, Counties and State Legislatures throughout the U.S.A. have passed Resolutions Opposing War in Iraq (Campaigns are underway in 102 other Cities and Counties as well.) California * Chicago * Woodstock · Arcata * Evanston North Carolina · Berkeley * Oak Park * Carrboro · Davis * Urbana * Chapel Hill · Fairfax Indiana Ohio · Mendocino * Bloomington * Akron County * Gary * Cleveland · Oakland Iowa * Cleveland Heights · Palo Alto * Des Moines * Garfield Heights · San Fernando Maine * Oberlin · San Francisco * State Senate * Shaker Heights · San Luis Obispo * State House Oregon · Santa Barbara * Hallowell · Corvallis * · Santa Clara * Orono * Eugene* County * Portland * Multnomah · Santa Cruz Maryland County · Santa Monica * Baltimore Pennsylvania · Sebastopol * Greenbelt* * Haines Township · Topanga Canyon * Takoma Park * Philadelphia · West Hollywood Massachuset~ * York Colorado * Amherst Rhode Island · Brookline * Providence · Boulder * Cambridge Texas · Nederland * Northampton * Austin · Pitkin County * Somerville Utah · Ridgway Michigan * Springdale · Silver Plume * Ann Arbor Vermont · Telluride * Detroit * Burlington Connecticut * Ferndale Virginia · Kalamazoo * Charlottesville · Cornwall * Traverse City Washington · Mansfield New Jersey * San Juan County · New Haven * Jersey City * Seattle * · Salisbury * Newark * Tacoma Florida * Princeton Borough Washington, DC · Key West New Mexico Wisconsin Georgia * Santa Fe * Madison · Atlanta New York * Milwaukee Hawaii * Danby * Stevens Point · State House of * Ithaca Representatives * New Paltz * Letter from City Council- in Idaho * Rochester* some cases, council rules or · Blaine County * Syracuse consensus prevented a resolution, tn ~cases, Illinois * Tompkins County councils have often drafted a letter to the President and others in Washington in lieu of a resolution. Letters listed here were signed by a majodty of the city's council members. Antiwar Sentiment in County Seats and City Halls By MICHAEL JANOFSKY New York Times February 1, 2003 PORTLAND, Ore., Jan. 31 - Spurred by local antiwar sentiment, dozens of cities and counties around the country have passed resolutions imploring President Bush to slow down his confrontation with Iraq. Some of the resolutions ask for more evidence that Iraq is hiding weapons. Some urge Mr. Bush to work more closely with the United Nations. Almost all oppose a unilateral strike. City and county councils in 20 states have passed such measures, from small towns like Woodstock, N.Y., to cities as large as Chicago, Philadelphia and Detroit. Many have liberal leanings, like Berkeley, Calif.; Madison, Wis.; and Santa Fe, N.M. But others, like Des Moines; San Luis Obispo, Calif.; and Blaine County, Idaho, have large numbers of Republican voters. This past week, resolutions were approved by the Board of Commissioners of Multnomah County, which includes Portland; and by city councils in Cleveland; Tacoma, Wash.; Nederland, Colo.; Amherst, Mass.; and Topanga, Calif., bringing to ,57 the number of municipalities that have acted. Together, they represent about 13 million people. More resolutions may be on the way. Officials at the Institute for Policy Studies in Washington, a nonpartisan group helping to organize municipal campaigns against the war, said that nearly 70 other cities and counties - and one state legislature, Maine's- were considering similar resolutions. "Ours reflects a growing ambivalence, even opposition, to a military invasion of Iraq," said Alderman Joe Moore of Chicago, the largest city to take a stand, in a 46-to-1 vote two weeks ago. 'There's a strong feeling here that the president has not made the case that we should depart from 200 years of history of not launching a preemptive strike against another nation." The resolutions stray far from the disputes over garbage and teacher salaries that usually ensnare local governments. In some places, officials have resisted taking a symbolic stand on foreign policy, an issue reserved for the United States Congress. Last week, Portland's usually liberal City Council heard two hours of fervent testimony before a 2-to-2 vote killed a similar resolution. But on Thursday, by a 4-to-1 vote, the county Board of Commissioners trumped its largest city, passing a measure that opposes a "threatened violation of the United Nation Charter by unilateral, pre-emptive military action against the sovereign nation of Iraq, and the dangerous precedent such action would establish." It urges Mr. Bush and Congress to work '~vith and through" the United Nations. 'q'he time to express our concern is now," said Commissioner Serena Cruz, a cosponsor of the Multnomah County measure, "before our troops are put in harm's way." Clare Buchan, a White House spokeswoman, dismissed the notion that antiwar resolutions represent a split in public opinion. "We're confident that the American people will support the president if Saddam Hussein chooses not to disarm peacefully and the United States leads a coalition to disarm him," she said. But conservatives stand ready to try to mobilize a countermovement. Grover Norquist, president of Americans for Tax Reform, said his organization had sent every state legislature a proposed measure for adoption the day fighting starts that supports Mr. Bush's actions. The resolutions are just one sign of an active antiwar movement. Today, the group Win Without War began airing a 30-second television spot featuring Bishop Melvin G. Talbert, the chief ecumenical officer of the United Methodist Church, which counts President Bush as a member. In the advertisement, Bishop Talbert says that going to war "violates God's law and the teachings of Jesus Christ." The advertisement also includes actress Janeane Garofalo, who asks whether the United States has the right to invade a country that "has done nothing to us." While some local officials echo such sentiments, for others -including county commissioners here - the issue is not just the use of force, but the cost of war. They say a war effort would cost billions of dollars that are desperately needed by cities and states, which have been hurt by the economic slowdown and the new costs of security since the Sept. 11,2001, attacks. "A protracted war with no sure end would have such a damaging effect on social spending," said Tom Hutchings, a city official in San Luis Obispo, where an antiwar resolution passed the City Council by a 4-to-1 vote this month. "This is not only a fiscal issue, but also a human issue." Some lawmakers call such symbolic stands a waste of time. Lonnie Roberts, an Army veteran and former state lawmaker who cast the dissenting vote in Multnomah County, said he would rather debate local issues. Of the resolution, Mr. Roberts said, "1 believe this would not make any difference in Washington, D.C., at all. I used to send memos to Congress all the time and never heard back." Sponsors in many cities and towns are unsure whether the resolutions are having any effect. "1 don't think the administration is paying us any attention," said VV. Lee Smallwood, an Air Force veteran and city councilman in York, Pa., who sponsored a resolution that passed there by a 3-to-2 vote. '"l'he administration is hell-bent on doing what it wants to do." But Mayor Marty Blum of Santa Barbara, Calif., where a measure passed by a 4-to-1 vote, said, "With antiwar resolutions passing and people marching, I feel like the administration must be listening. "In September," Mr. Blum said, "the president said he would go to war with Iraq and not talk to the U.N. Now it feels like there's some kind of hesitation. I feel like he's changed his tune, but who knows what he's heating." Poll Shows Most Want War Delay By PATRICK E. TYLER and JANET ELDER New York Times February 14, 2003 Even after the administration's aggressive case for going to war soon in Iraq, a majority of Americans favor giving United Nations weapons inspectors more time to complete their work so that any military operation wins the support of the Security Council, the latest New York Times/CBS News Poll shows. The public supports a war to remove Saddam Hussein. But Americans are split over whether the Bush administration and Secretary of State Colin L. Powell have made a convincing case for going to war right now, even though much of the public is inclined to believe that Iraq and Al Qaeda are connected in terrorism. The poll found that while the economy still commands the greatest concern among Americans, the prospect of combat in Iraq, fear of terrorism and the North Korean nuclear standoff are stirring additional anxieties. These worries may be taking a toll on Mr. Bush's support. His overall ]ob approval rating is down to 54 percent from 64 percent just a month ago, the lowest level since the summer before the Sept. 11,2001, attacks. Three-quarters of Americans see war as inevitable, and two-thirds approve of war as an option. But many people continue to be deeply ambivalent about war if faced with the prospect of high casualties or a lengthy occupation of Iraq that further damages the American economy. Twenty-nine percent of respondents in the poll, which was conducted Monday through Wednesday, disapprove of taking military action against Iraq. With major decisions of war and peace still pending, 59 percent of Americans said they believed the president should give the United Nations more time. Sixty-three percent said Washington should not act without the support of its al#es, and 56 percent said Mr. Bush should wait for United Nations approval. As concurrent crises converge on the White House, including a rancorous conflict within the NATO alliance over Iraq war planning, President Bush's ]ob approval ratings have lost ground across the board. Fifty-three percent of Americans disapproved of the way he is handling the economy, and 44 percent disapproved of his overall management of foreign policy. Though 53 percent of Americans said they approved of the way Mr. Bush is handling Iraq, only 47 percent approved of his foreign policy management over all. Moreover, a year and a half after the Sept. 11 terrorist assault, only a third of Americans said they think the United States and its allies are winning the antiterror campaign, while 38 percent think that neither side is winning and 20 percent regard the terrorists as still having the upper hand. Only 49 percent of Americans think Mr. Bush has a coherent plan for dealing with terrorism. If historic trends hold, a decision by Mr. Bush to go to war, even without United Nations backing, is likely to rally the country behind the president. Still, these poll results indicate that the reluctance many Americans feel about the costs of war represent a significant political risk for the Bush administration. The nationwide telephone poll was conducted with 747 adults and has a margin of sampling error of plus or minus four percentage points. Americans, overwhelmingly, continue to take the threat of terrorist attacks very seriously, with 80 percent saying that another attack is either "very" or "somewhat" likely within the next few months. And the number of Americans paying closer attention to news media reports about the prospect of war has increased to 71 percent from 43 percent since September. Still, while there is a high degree of awareness, substantial conflict and confusion exist among the public about Iraq and the antiterror campaign, so much so that 42 percent of those polled said they believed Saddam Hussein was involved in the Sept. 11 attacks. Neither the Bush administration nor any other authority has alleged such involvement. More than anything, Americans remained concerned about the threat of Qaeda terrorism far more than any threat from Iraq, though concern about the threat from Baghdad has gained some ground. In January, 59 percent of the public saw Al Qaeda as a greater threat to peace and stability than Iraq. Fifteen percent saw Iraq as the greater threat. In this week's survey, 28 percent saw Iraq as the greater threat, but 51 percent still perceived the Qaeda threat as more serious. °'1 think Al Qaeda is a bigger threat because they are in little pockets all over the world," said Nancy Alonso, 66, of Lincoln, R.I. ''That is more dangerous than having them in one big place." Ms. Alonso, a retired nurse, was one of the poll respondents interviewed after the survey was taken. She said she was concerned that the rest of the world might "turn on us" if Mr. Bush failed to pursue his goals with patience and diplomatic skill. "The administration is pushing too quickly for war," she said, adding that the inspectors should get six months to a year to complete their task. At the same time, poll respondents gave Mr. Bush credit for explaining his administration's position on Iraq than they did six months ago, when 64 percent felt he had not explained his policy. Those who said they believe the Bush administration has clearly articulated a rationale for attacking Iraq has nearly doubled, to 53 percent from 27 percent in September. But more information has not translated into greater support for war, which remains at 66 percent. A year ago, a CBS News poll recorded 74 percent in favor of military action against Iraq. The support level for war has held firm at two-thirds of Americans, but this majority breaks down on questions of timing and diplomacy. "1 think if we gave weapons inspectors more time, perhaps countries like France and Germany would change their minds," said Rocky Ostermeyer, 42, who owns a landscaping company in Tucson. "It would help if we were more united," Mr. Ostermeyer added, referring to efforts by Paris and Berlin to extend and strengthen the United Nations inspection process until it is clear that it has no chance of succeeding. In Appleton, Wis., Ruby Neilson, 74, a retired nursing assistant, said: "1 think we should give the weapons inspectors more time because that may help prevent a war. I am very afraid of war." As to how much time, Mrs. Neilson said she was not in a hurry. '~[hey should have as much time as it takes, three months at least," she said. After the inspectors have exhausted their search activities, "if they think there are weapons still hid, then they could lust say let's get it over with." The poll was taken five days after Mr. Powell's speech to the United Nations laying out the administration's case for war. Polls taken immediately after Mr. Powell's presentation to the Security Council showed a marked increase, up to 70 percent, in support for military action. But that has decreased in recent days. It was not clear from the poll lust how much Mr. Powell's popularity has influenced public support for the war. Respondents to the poll showed the same ambivalence about the war and its potential consequences whether they were responding to a question about Mr. Powell's view or the Bush administration's view in general. It was clear, though, that whether it is the Bush administration or Mr. Powell in particular, the case for war has not been fully made. The public is not convinced that Mr. Bush has tried hard enough to use diplomacy to avoid war. Poll respondents were divided, 45 percent to 48 percent, over whether Mr. Bush has tried hard enough to reach a diplomatic solution or whether he has been too quick to get military forces involved. Bert Jarvis, 66, a retired Methodist minister from Amarillo, Tex., said a lot would depend on the report on Friday to the Security Council by Hans Blix, the chief weapons inspector. "I'm from Texas and I understand Bush's mindset: lust go get the bad guys," Mr. Jarvis said. But he cautioned that more time was needed. "Probably not past a year," he said, but more time. From New York fo Melbourne, Protest Against War on Iraq By ROBERT D. McFADDEN New York Times, February 16, 2003 Confronting America's countdown fo war, throngs of chanting, placard-waving demonstrators converged on New York and scores of cities across the United States, Europe and Asia yesterday in a global daisy chain of largely peaceful protests against the Bush administration's threatened invasion of Iraq. Three years after vast crowds turned out around the world to celebrate the new millennium, millions gathered again yesterday in a darker mood of impending conflict, forming a patchwork of demonstrations that together, organizers said, made up the largest, most diverse peace protest since the Vietnam War. On a wintry day in New York, huge crowds, prohibited by a court order from marching, rallied within sight of the United Nations amid heavy security. They raised banners of patriotism and dissent, sounded the hymns of a broad new antiwar movement and heard speakers denounce what they called President Bush's rush to war, while offering no sympathy for Iraq's dictator, Saddam Hussein. "The World Says No to War," proclaimed a huge banner over a stage on First Avenue near 51st Street, the focal point of crowds that filled the avenue from 49th Street to 72nd Street and spilled over into side streets and to Second, Third and Lexington Avenues, where thousands more were halted at police barricades, far from the sights and sounds of the demonstration. Crowd estimates are often little more than politically tinged guesses. The police commissioner, Raymond W. Kelly, put the crowd at about 100,000, while the orqanizers said 400,000 people attended. Given the sea of faces extending more than a ~ile up First Avenue and the ancillary crowds that were prevented from joining them, it seemed that something in between was probable. There were similar though smaller demonstrations in Philadelphia, Chicago, Seattle, San Diego, Sacramento, Miami, Detroit, Milwaukee and scores of other American cities, organized under the umbrella of United for Peace and Justice, a coalition of 120 organizations. In London, 500,000 to 750,000 people rallied in Hyde Park, while 200,000 gathered at the Brandenburg Gate in Berlin and hundreds of thousands more protested in Paris, Amsterdam, Brussels, Barcelona, Rome, Melbourne, Cape Town, Johannesburg, Auckland, Seoul, Tokyo and Manila. Many contended that America's interest in Iraq had more to do with oil than with disarming a dangerous tyrant. Protests unfolded in more than 350 cities around the world 6 some drawing hundreds of thousands, others only a few hundred 6 and for the most part the dissents were peaceful. The police in Athens fired tear gas and clashed with demonstrators who threw a gasoline bomb, but no serious Injuries were reported. In New York, the police reported at least 295 arrests, mostly for disorderly conduct, and said that a deputy inspector had been assaulted and taken to a hospital and that two horses were hurt. But at day's end, Commissioner Kelly said: "1 think it went well. For the number of people here, it was orderly. The vast majority of people were cooperative." The demonstrations were the culmination of a global campaign that has been building for weeks in opposition to the growing threat of war, with thousands marching, rallying, signing petitions, raising money, publishing articles and using the Internet to enlist a diverse coalition of citizens and celebrities. Unlike the stereotypically scruffy, pot-smoking, flag-burning anarchists of the Vietnam era, yesterday's protesters came from a wide range of the political spectrum: college students, middle-aged couples, families with small children, older people who had marched for civil rights, and groups representing labor, the environment and religious, business and cJvJc organizations. President Bush was the chief villain, a casualty of what some called an obsession with his father's Persian Gulf War in 1991 and its failure to oust Saddam Hussein. Other targets were Vice President Dick Cheney; Secretary of Defense Donald H. Rumsfeld and Secretary of State Colin L. Powell. "1 came to go to the rally and be a part of a global voice against going to war against Iraq again," said Mary Baxter, 31, employed by a software company in Cambridge, Mass., and whose quiet solemnity seemed typical. "1 feel the current administration has been escalating and destabilizing things. I'm disappointed that Colin Powell is going along with Bush, Cheney and the rest of them." Angela Tsang, 21, a Barnard College student who was part of a contingent called the Columbia University Antiwar Coalition, said her group believed that an American attack on Iraq would achieve nothing but death and injustice. "We see the war against Iraq as unjust," she said. "We don't believe Bush's rhetoric. I think he's not acting in the best interest of the American people. We're risking the lives of hundreds of American soldiers and an untold number of lives in the Middle East, and a war will not solve the problem of terrorism. It disgusts me. I can't accept that." Beyond criticizing Mr. Bush and his lieutenants, many protesters offered nuanced arguments about the conflict, agreeing that President Hussein should not be allowed to possess weapons of mass destruction, but insisting that pre-emptive military strikes were morally bankrupt and would harm the economy, deepen the divisions between America and the Arab world and undermine United States alliances in Europe and Asia. It was a hard day for a rally in New York. The ground was frozen and the protesters were buttoned to the neck against the 25-degree cold and an icy wind that scythed off the East River and scorched the face. But the crowd was enthusiastic: cheering speakers, chanting antiwar slogans and raising banners that promoted other agendas as well, including "Free Palestine" and "Free Medical Marijuana." They were joined by several celebrities, including Bishop Desmond Tutu of South Africa, the folk singer Pete Seeger and the actors Danny Glover, Susan Sarandon and Harry Belafonte. American flags and other symbols of patriotism waved in the crowds. Children from Public School 3 brought a 15-foot balloon of the earth. It was punctured going under a bridge, but they patched it with duct tape. "We're trying to fix the world,'" 10-year-old Sonia Santzoord deadpanned. The singer Richie Havens led off the proceedings with a rendition of "Freedom," the song he performed 34 years ago on Max Yasgur's farm for the Woodstock Festival. "Peace! Peace! Peace!" Bishop Tutu, the 71-year-old veteran of the peace movement, declared. "Let America listen to the rest of the world 6 and the rest of the world is saying, 'Give the inspectors time.'" Martin Luther King III told the shoulder-to-shoulder crowd, "Just because you have the biggest gun does not mean you must use it." One face in the crowd belonged to Michael Callandrillo, 53, a teacher from Dover, N.J. "I've been to demonstrations and rallies all over the country, and some have had a nasty feel to them," he said. "Others have had a lackluster feeling. But this one feels just right. People are informed, people are passionate. People don't want trouble. They just want to be heard." All morning, trains and buses had converged on Midtown Manhattan, disgorging groups from New Jersey, Connecticut, Massachusetts, Vermont, Pennsylvania, New York, Maryland and other states. Walking crosstown to the rally, tens of thousands of would-be protesters encountered a maze of barricades and a huge police presence blocking their way. Banging drums, chanting "Whose streets? Our streets," the surging crowds spilled off sidewalks onto jammed streets and avenues on the East Side. Some occasionally clashed with police officers. Under a federal court order, the demonstrators in New York were prohibited from staging a march, which city officials had said might be dangerous to the protesters, a notion that drew scoffs from the imperiled. Instead, they were limited to a rally behind barricades, a more pacific, less powerful expression of protest, but one that made matters easier for the police. The police had set up a series of blocklong pens along the mile of First Avenue set aside for the rally. The pens were filled by noon when the rally began, and thousands of demonstrators were caught behind barricades on East Side avenues and streets and were either delayed or unable to reach the rally. Frustrations grew and tempers flared. Dozens were arrested on disorderly conduct charges when they tried to breach the police lines at Second Avenue between 53rd and 54th Streets, where many in the crowd were waving Palestinian flags and chanting "Free Palestine." At Third Avenue and 52nd Street, a rearing horse threw a mounted police officer when a demonstrator set off firecrackers. No one was hurt, but several demonstrators were swiftly wrestled to the ground and arrested. The arrests led to bitter complaints last night that some of those being detained were kept waiting for hours in buses before being charged. "People are sitting in vans out in the cold with no food and no bathrooms," said Donna Lieberman, executive director of the New York Civil Liberties Union. "People are being subjected to confinement under harsh conditions." Police officials said some of the detainees were still awaiting processing early today, but denied that anyone had been mistreated. Detective Robert Price, a police spokesman, said all of those under arrest were confined to heated buses and provided with food and access to bathrooms. The police did not disclose details of their security operation, but did say that 5,000 officers were involved. It appeared that the police had not anticipated such a large crowd. At 1:45 p.m., Chief Joseph J. Esposito, the highest-ranking uniformed officer, ordered the department's highest mobilization, a rare measure that brought 1,000 officers from precincts and other commands around town. The alert was last used in November 2001, when American Airlines Flight 587 crashed in the Rockaways. Reckless Administration May Reap Disastrous Consequences by US Senator Robert Byrd Senate Floor Speech - Wednesday, February 12, 2003 To contemplate war is to think about the most horrible of human experiences. On this February day, as this nation stands at the brink of battle, every American on some level must be contemplating the horrors of war. Yet, this Chamber is, for the most part, silent - ominously, dreadfully silent. There is no debate, no discussion, no attempt to lay out for the nation the pros and cons of this particular war. There is nothing. We stand passively mute in the United States Senate, paralyzed by our own uncertainty, seemingly stunned by the sheer turmoil of events. Only on the editorial pages of our newspapers is there much substantive discussion of the prudence or imprudence of engaging in this particular war. And this is no small conflagration we contemplate. This is no simple attempt to defang a villain. No. This coming battle, if it materializes, represents a turning point in U.S. foreign policy and possibly a turning point in the recent history of the world. This nation is about to embark upon the first test of a revolutionary doctrine applied in an extraordinary way at an unfortunate time. The doctrine of preemption -- the idea that the United States or any other nation can legitimately attack a nation that is not imminently threatening but may be threatening in the future -is a radical new twist on the traditional idea of self defense. It appears to be in contravention of international law and the UN Charter. And it is being tested at a time of world-wide terrorism, making many countries around the globe wonder if they will soon be on our -- or some other nation's -- hit list. High level Administration figures recently refused to take nuclear weapons off of the table when discussing a possible attack against Iraq. What could be more destabilizing and unwise than this type of uncertainty, particularly in a world where globalism has tied the vital economic and security interests of many nations so closely together? There are huge cracks emerging in our time-honored alliances, and U.S. intentions are suddenly subject to damaging worldwide speculation. Anti-Americanism based on mistrust, misinformation, suspicion, and alarming rhetoric from U.S. leaders is fracturing the once solid alliance against global terrorism which existed after September 11. Here at home, people are warned of imminent terrorist attacks with little guidance as to when or where such attacks might occur. Family members are being called to active military duty, with no idea of the duration of their stay or what horrors they may face. Communities are being left with less than adequate police and fire protection. Other essential services are also short-staffed. The mood of the nation is grim. The economy is stumbling. Fuel prices are rising and may soon spike higher. This Administration, now in power for a little over two years, must be judged on its record. I believe that that record is dismal. In that scant two years, this Administration has squandered a large projected surplus of some $5.6 trillion over the next decade and taken us to projected deficits as far as the eye can see. This Administration's domestic policy has put many of our states in dire financial condition, under funding scores of essential programs for our people. This Administration has fostered policies which have slowed economic growth. This Administration has ignored urgent matters such as the crisis in health care for our elderly. This Administration has been slow to provide adequate funding for homeland security. This Administration has been reluctant to better protect our long and porous borders. In foreign policy, this Administration has failed to find Osama bin Laden. In fact, just yesterday we heard from him again marshaling his forces and urging them to kill. This Administration has split traditional alliances, possibly crippling, for all time, International order-keeping entities like the United Nations and NATO. This Administration has called into question the traditional worldwide perception of the United States as well- intentioned, peacekeeper. This Administration has turned the patient art of diplomacy into threats, labeling, and name calling of the sort that reflects quite poorly on the intelligence and sensitivity of our leaders, and which will have consequences for years to come. Calling heads of state pygmies, labeling whole countries as evil, denigrating powerful European allies as irrelevant -- these types of crude insensitivities can do our great nation no good. We may have massive military might, but we cannot fight a global war on terrorism alone. We need the cooperation and friendship of our time-honored allies as well as the newer found friends whom we can attract with our wealth. Our awesome military machine will do us little good if we suffer another devastating attack on our homeland which severely damages our economy. Our military manpower is already stretched thin and we will need the augmenting support of those nations who can supply troop strength, not just sign letters cheering us on. The war in Afghanistan has cost us $37 billion so far, yet there is evidence that terrorism may already be starting to regain its hold in that region. We have not found bin Laden, and unless we secure the peace in Afghanistan, the dark dens of terrorism may yet again flourish in that remote and devastated land. Pakistan as well is at risk of destabilizing forces. This Administration has not finished the first war against terrorism and yet it is eager to embark on another conflict with perils much greater than those in Afghanistan. Is our attention span that short? Have we not learned that after winning the war one must always secure the peace? And yet we hear little about the aftermath of war in Iraq. In the absence of plans, speculation abroad is rife. Will we seize Iraq's oil fields, becoming an occupying power which controls the price and supply of that nation's oil for the foreseeable future? To whom do we propose to hand the reigns of power after Saddam Hussein? Will our war inflame the Muslim world resulting in devastating attacks on Israel? Will Israel retaliate with its own nuclear arsenal? Will the Jordanian and Saudi Arabian governments be toppled by radicals, bolstered by Iran which has much closer ties to terrorism than Iraq? Could a disruption of the world's oil supply lead to a world-wide recession? Has our senselessly bellicose language and our callous disregard of the interests and opinions of other nations increased the global race to join the nuclear club and made proliferation an even more lucrative practice for nations which need the income? In only the space of two short years this reckless and arrogant Administration has initiated policies which may reap disastrous consequences for years. One can understand the anger and shock of any President after the savage attacks of September 11. One can appreciate the frustration of having only a shadow to chase and an amorphous, fleeting enemy on which it is nearly impossible to exact retribution. But to turn one's frustration and anger into the kind of extremely destabilizing and dangerous foreign policy debacle that the world is currently witnessing is inexcusable from any Administration charged with the awesome power and responsibility of guiding the destiny of the greatest superpower on the planet. Frankly many of the pronouncements made by this Administration are outrageous. There is no other word. Yet this chamber is hauntingly silent. On what is possibly the eve of horrific Infliction of death and destruction on the population of the nation of Iraq -- a population, I might add, of which over 50% is under age 15 -- this chamber is silent. On what is possibly only days before we send thousands of our own citizens to face unimagined horrors of chemical and biological warfare -- this chamber is silent. On the eve of what could possibly be a vicious terrorist attack in retaliation for our attack on Iraq, it is business as usual in the United States Senate. We are truly "sleepwalking through history." In my heart of hearts I pray that this great nation and its good and trusting citizens are not in for a rudest of awakenings. To engage in war is always to pick a wild card. And war must always be a last resort, not a first choice. I truly must question the judgment of any President who can say that a massive unprovoked military attack on a nation which is over 50% children is 'In the highest moral traditions of our country". This war is not necessary at this time. Pressure appears to be having a good result in Iraq. Our mistake was to put ourselves in a corner so quickly. Our challenge is to now find a graceful way out of a box of our own making. Perhaps there is still a way if we allow more time. The Economic Impacts of a War With Iraq By Miriam Pemberton IPS Research Fellow and Peace and Security Editor, Foreign Policy In Focus Delivered February 13, 2003 If this were a just war, cost would not be an issue--we would sacrifice to spend whatever it would take to wage it. But I think we're all here because we have heard the variety of ways this war has been justified, and we are not convinced. And we have watched the economic health of this country deteriorate. We've watched our budget surplus disappear and turn into a swelling deficit. We have watched stocks fall more during the first two years of the Bush administration than under any previous president. Bush's 33 percent decline beats the first two years of the Hoover administration, which, of course, included the great crash of '29. Unemployment is up more than 40%. And, as those in this room know more intimately than most, the states are facing their worst fiscal crises in decades. The administration's solution to this economic crisis is to propose an array of new tax cuts all skewed to benefit those who need them the least. He's the only president in history to have the audacity to suggest massive tax cutting at the same moment he is leading us into a war. The administration doesn't really want to talk about what this war will cost. Lawrence Lindsey, the president's former economic advisor, basically got himself fired by mentioning casually that the war was likely to cost between 5100 and 5200 billion. Just before the administration released its budget, the Budget Director Mitch Daniels came out and said, no, no, it won't cost nearly that much. Our new estimate is about 550-60 billion. Both of these men told us not to trouble our heads about where these numbers came from. So we have to guess. Daniels' figure is close to what the Congressional Budget Office figured it will cost just to deploy troops and equipment to fight a quick-and-easy war. This leaves out the costs of a military occupation that our military leaders acknowledge is Inevitable after the fighting stops. CBO estimates that price tag at between $17 and 545 billion a year. Daniels' Iowball estimate certainly doesn't include the costs of reconstruction, or humanitarian assistance. Nor does it consider the massive effects rippling throughout our economy in the event of a disruption of oil supplies. The last time we went to war with Iraq, a brief spike in oil prices sent the US economy into recession. Most Importantly, his figures don't reflect the costs of a war that doesn't go according to plan: the war that bogs down under the weight of myriad possible complications, like urban warfare, destruction of oil fields, or a protracted U.S. military occupation. Since the administration isn't talking, some independent analysts have stepped in to fill the vacuum. One of the best of these studies comes from the American Academy of Arts and Sciences, which lays out the pieces of a best-case scenario. This assumes, for example, that we wrap up the war in a couple of weeks, political stability is somehow quickly achieved, and the deteriorated Iraqi oil infrastructure begins pumping oil soon thereafter. Their accounting of this rosy scenario comes in at $121 billion, or twice what the administration would like us to believe. Their worst-case scenario, the one that factors in all the things that could go wrong, tops out at almost $1.6 trillion. How can we afford this? The administration has submitted a budget that gives us just a preview of the kinds of impacts on our communities we will be facing if we go to war. The military gets an 11 percent increase; and the rest of the discretionary budget, excluding entitlements, takes a 1% hit. Almost everything the Environmental Protection Agency does is cut in this budget. The total amount for elementary and secondary education has been cut. The Hope VI program spent nearly $5 billion over the last decade to demolish about 115,000 dilapidated public housing units and build 60,000 new homes in communities like yours across the country. It's gone. But these cuts are just a preview of the ones a war will bring, and that is because this budget excludes the cost of the war. The war will be paid for in a supplemental appropriation, added on top of this massive military increase. Again, the administration is not talking about how much this will be. The House Armed Services Committee asked Defense Secretary Rumsfeld how much more money he would need, over and above the massive military increases they have already budgeted for him, to wage war. "A lot" is what he told them. So if we managed to avert a war, what could we afford? The cost of four to six weeks of the war could fund a $9 billion emergency aid package to cash-strapped state governments. The administration's budget leaves its own "No Child Left Behind" education initiative with a $6 billion shortfall for 2004. The cost of just three or four weeks of a war would make up this shortfall There's a great project in Amherst, Massachusetts that could be very helpful to you in making your case about the connections between the war and the problems of your cities. The National Priorities Project (www.nationalpriorities.org) is a gold mine of information on the economic impacts of the war and federal budget priorities. They have developed databases that allow them to calculate these impacts at the national, state and local levels. Several of their fact sheets are in your packets. On the fly they calculated a few illustrative tradeoffs of the war for some of the communities represented here. They took the Iowball estimate of $100 billion to pay for the war. So for Kalamazoo, Michigan, for example, they calculate that the citizens of Kalamazoo will contribute through their federal income taxes about 518.2 million of that $100 billion. Then they show a few of the alternative things they could do with that money for their own citizens. It could, for example, pay for 2845 of their children to be enrolled in Head Start. Or it could allow them to hire 329 elementary school teachers. Or it could provide health care coverage for 10454 of their uninsured children. I encourage you to the website, or give them a call, for help in coming up with comparable data for your community.