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HomeMy WebLinkAbout2003-03-19 PacketMarch 6, 2003 DRAFT Dear City of Ukiah, Honorable Eric Larsen,Mayor, Honorable Council Members, Candace Horsley and City Manager Albert Fierro This letter comes to you on behalf of the membership of the Latino Coalition of Mendocino County and serves as notice to you that the City of Ukiah is non-compliant to California State Law in regards to the bilingual (Spanish) services it offers to its residents. Our concerns are growing and continue to grow about the lack of services provided by the City of Ukiah to the Latino population. The Dymally Allatorre Bilingual Services Act ( ) requires local government agencies to provide services in Spanish where necessary. Without the law, common sense and courtesy would demand that all recent job offerings as City employees would have as a requisite, bilingual Spanish ability. The lack of qualified bilingual staff in many offices as well as with the Police and Fire Departments creates, albeit unintentionally, an atmosphere of mistrust and apprehension by the Latino community at large. There are numerous documented incidents throughout the City of family members being used as translators in very stressful situations and this is not appropriate when basic services or especially emergency services are needed. There are approximately 400-documented Migrant Families in the City of Ukiah. This translates into 1,562 Migrant students in the local schools. This represents only a portion of the Spanish speaking Latino community living and working in the City. Spanish speaking Latinos represent a major percentage of Ukiah's population that pay taxes and require efficient and professional services from the city in which they live and support. One officer assigned to the High School that is bilingual is not sufficient for the needs of a city the size of Ukiah. We recommend that your budget be reviewed to offer more than just a stipend to experienced Police Officers, Firefighters and City Employees in order to attract not only qualified bilingual applicants but quality services that will set a new standard for services in the community. We know that you are concerned for the welfare of the citizens of Ukiah and do not want to incur litigation costs due to the lack of services. Members of the Latino Coalition of Mendocino County is willing to participate in a sub- committee in order to help the City of Ukiah with planning and implementing the immediate changes necessary to help the City council and City Staff in their efforts to improve services to the Latino population of Ukiah. If you have any questions about this letter or would like to address the Latino Coalition about your plans and immediate actions to improve the quality of services to the Latino Community, we anxiously await your response. Sincerely, David Rose, Chair Aha Araiza, Vice Chair Ricardo Negron Migrant Education Project Sanctuary HEP Program Signatures of all members? AGENDA ITEM NO: 3a MEETING DATE: March 19, 2003 SU f4 t4ARY REPORT SUB.1ECT: PRE-BUDGET WORKSHOP--DISCUSSION AND DTRECTTON FOR THE .1UNE 2003 BUDGET HEARTNGS BACKGROUND On December 18, 2002, Governor Davis announced that the State Budget deficit would reach a projected high of $34.6 billion. The roots of the state's budget crisis lie in an annual $18 billion difference between revenue and expenses. 91.4% of State General Fund revenues come from three sources: personal income tax (48.6%), sales and use tax (33.6%), and bank and corporation tax (9.2%). The high point in revenue was in fiscal year 2000/01. Loss of revenue is mainly attributed to a large decrease in personal income tax due to the losses within the high-technology industries, previously committed tax cuts, and the downslide of the economy. Expenditures increased by $21 billion between 1998 and 2002 as the Legislators increased spending to education, health and welfare programs, and lowered the Vehicle License Fee (VLF) but backfilled the loss to cities and counties. These increases were based on the assumption that the high revenues in the boom economy of the late 90's would continue. With the loss of income tax, sales tax, corporation tax, and investment income, the State is facing the largest deficit in its history. Davis submitted a mid-year spending reduction proposal to the State Legislature in December 2002. The Governor proposed to use a combination of spending reductions ($13.7 billion); increased revenues ($8.2 billion); elimination of aid to and other reductions affecting local governments ($5.1 billion); fund shifts ($2.2 billion); transfers and other RECOI~IMENDED ACTION: Discuss and provide direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Gordon Elton, Finance Director and Mike Harris, Budget Officer 1. Newsweek article regarding State Budget deficit 2. Fiscal Charts 3. Summary of Employee Contracts Approved: c_(~-~l~l~-~_r (i_ ~ndace Hor~le~, C~/Manager 4:CAN/ASR.prebudgetwkshp.31903 revenues ($2.! billion); and loans and borrowing ($3.3 billion). The largest single proposal is to transfer responsibility for health, social service, and court programs from the state to county governments (re-alignment) to be financed with a one-cent sales tax and cigarette tax increases, and reinstatement of the top personal income tax brackets. The Governor also proposes to end the policy of reimbursing cities and counties for the VLF. The Legislature accepted the majority of the Governor's proposals, with a few notable exceptions. They rejected several of the Governor's restrictions to the IVledi-Cal program and an across-the-board cut for K12 education. The Legislature also rejected the governor's proposal to discontinue payments for the loss of revenue from reductions in the VLF. The Legislature opted instead to increase the VLF to 1998 levels by pulling the 'trigger' based on the inability of the State to backfill the payments to local government. They linked enactment of the mid-year spending reductions to the modification of the VLF 'trigger.' The Governor has stated he cannot support this measure. Many cities are facing large revenue losses in sales tax and Transient Occupancy Tax (TOT) due to the declining economy, even before the State determines additional cuts to their General Funds. These cities are already taking drastic budget cuts. Other cities are not experiencing a significant loss of revenue this year, but will be projecting fiat line revenues for fiscal year 2003-04. OUR GENERAL FUND FZ$CAL POSZTZON Our estimates of how the proposed State budget cuts would affect the City of Ukiah General Fund could mean a loss of between $210,000 and $791,500 annually. The most significant loss proposed is of the VLF to local governments. For the City of Ukiah, the backfill amount is approximately $581,500 per year, though our overall revenue from VLF is $868,000 per year, 10% of our entire General Fund. Fortunately, there are many legislators who are adamantly opposing the loss of the VLF backfill to local governments, though we will not likely see the outcome of this debate until May. The three main areas that must be considered to determine our fiscal position include: 1. Revenue losses due to the economy 2. Potential revenue losses due to the State budget deficit 3. Foreseeable required increases to our expenditures. Reven~: City of Ukiah's revenue, as of February 2003 is currently right on target with fiscal year 2002-03 budget projections. As in the past, we will be taking a conservative approach to projecting revenues for 2003-04, and will assume very little, if any, increases in sales tax and TOT revenue for the coming year. The attached charts delineate nine years of revenue and from what sources these revenues were received. The Finance Director will discuss the chart information with the Council at the meeting. Based on our most recent assessment of the State's discussions, we are estimating a loss in POST-reimbursements and COPS funding ($125,000), State-mandated reimbursements ($20,000), booking fee reimbursements ($65,000), and potentially, the motor vehicle license fees ($581,500). This is an approximate $2:10,000-$79:1.,500 Io$$ of annual revenue to the City of Ukiah. The $100,000 of COPS funding was not included as General Fund revenue in this budget year. Expenditures As with most cities, our challenge will be to cover salary and benefit costs. Attached is an article from the Press Democrat that indicates the Santa Rosa police department will have to cut $3.4 million to offset pay and benefit hikes. The City of Ukiah currently has in effect several multi-year employee contracts, a summary of which is attached for your review. Public Safety retention issues resulted in four-year contract commitments to these groups. The calculated cost of salary increases as of October 2003 for the Fire, Police, Miscellaneous and Electric employee groups is $147,785. Management and Directors will be negotiating this year for new contracts. In terms of benefits, the City conservatively negotiated fiat contribution amounts rather then percentage or full coverage for employee health premiums, and can therefore more accurately predict our health premium liability payment for the upcoming year. Public agencies that self-insured their health programs are experiencing millions of dollars of debt within their plans and must somehow make up for these deficits. Several years ago, Redwood Municipal Insurance Fund (REMIF) saw the trends in health insurance costs and changed from an indemnity health program to a group health program under Blue Cross, protecting the cities from large individual losses in the program. In addition, the City of Ukiah does not currently offer retiree medical premium payments, which are also causing some cities to see huge increases in liability with the upward-spiraling health care costs. Our projected costs for group insurance plan increases for next year are $26,500. The third area of concern regarding personnel costs is our Public Employee Retirement System (PERS) employers' rate. Two years ago, we had sufficient reserve funds within our PERS system account to pay the employers' rate for our Miscellaneous Unit and Public Safety employees for over 20 years. In fact, as late as December 2001, PERS continued to report that we had 23 years before any additional fees were due to PERS for our plan. Due to the investment losses of the last two years, PERS informed us in November 2002 that we would have to begin making payments of 5.6% for our Miscellaneous employees as of fiscal year 2003-04, and in fiscal year 2005-06, 10.4% for Public Safety, unless the investment picture of the PERS system dramatically reverses itself. PERS was aware of this drastic change in the reserves last year, though they did not make public this information to the agencies, as they assumed that it was a short-term blip. Many cities are now struggling to plan for these payments many years earlier than anticipated. Our PERS employer rate costs for next fiscal year are $150,045. Another major burden for cities is the recent enhancements to the PERS retirement benefits for both public safety and miscellaneous employee groups. With the expectation that employer rate payments were many years away, cities negotiated additional benefits to attract and keep qualified employees, especially police officers. Fortunately for the City of Ukiah, though we negotiated PERS retirement enhancement benefits in the last two years, the costs for these benefits were negotiated to be taken from the employee's current MOU agreements, rather than being added as additional costs to the City's financial burden. ]~n fact, in October 2002, Directors and Management actually experienced a loss of 1% in their salaries due to the reduction for the PERS enhancement benefits. Many other cities are not only experiencing the effects of the cost of living increases, but in addition, the increases for the PERS enhancements. The total increase for next budget year's known Personnel related expenses is $324,330. Ci~ Manager (:Qst Redpction RecQmmendatipns: This City is well aware of how excruciating reductions in revenue can be. In 1995, the City was in a $900,000 per year net deficit position. Through personnel reductions, furloughs, zero-percent cost of living increases, and other very drastic measures, the City balanced its budget within four fiscal years. The public did not see the effects of these reductions as the majority of cost cuts were absorbed through Personnel. The departmental budgets were examined in line-by-line item detail, which resulted in extremely lean operational budgets. We have continued to be very conservative in the seven years since experiencing those difficult times. Any new one-time revenues have been used only for one-time expenses, rather than committing these funds to annual programs without the benefit of annual revenue to cover these costs in the future. In addition, though there are several departments that could very much use additional personnel, we have been very careful to add only a few staff members where absolutely needed, until the impact of these positions has been evaluated over time. For Fiscal Year 2003/04, the combination of personnel related increases and potential State cuts equals a loss to the General Fund of between $434,330 and $1,015,830. Based on a fiat-line revenue stream, Staff has analyzed the budget to determine methods for reducing departmental expenses within the General Fund. The following narrative will be divided into three sections: 1) City Manager's recommendations for expense reductions, 2) individual Directors' recommendations for additional expense reductions, and 3) other possible expense reductions for Council's review and direction to staff. The City Manager recommendations include: 1) Hiring freeze on four positions and vacating one position: The four positions recommended for hiring freezes are the budgeted positions of Administrative Secretary, Development Permit Coordinator, Fire Battalion Chief, and Traffic Patrol Officer. A freeze has been put on the hiring of these employees unless the City Council determines that funding is possible. However, the Permit Coordinator agreed to work for the City through the end of ~lune, even though she had been informed that the position would most likely not be available as of July 1. :In addition, the Patrol Officer costs would not be an annual expense until Fiscal Year 2003/2004, as the COPS grant funds were going to be used this year to cover this position. !t is also recommended the Assistant City Manager position be vacated. These cuts combined would save the City $238,000 the first year and $290,000 annually thereafter with the police officer position. 2) Reduction in conference and training expense: Upon review of all departmental conference and training budget numbers for the current year and taking into consideration mandatory and safety training, ! would recommend a $80,000 reduction to this line item throughout the General Fund accounts. !n some cases, the Directors offered even greater cuts in this area, however, minimal training should continue if possible. This recommendation could change either way, depending on the outcome of the State's budget decisions. The recommended savings for conference and training is $80,000. 3) Loan: The City paid off the debt in 2002 for construction of the original Civic Center to capture a significant savings from current interest rates. The departmental rents will take another two years of payments to refund the interfund loan. We will save $103,067 in the next budget year. 4) School Resource Officer: The City designated a school resource police officer to the high school for three quarters of the year. The Ukiah Unified School District has been paying $20,000 towards this officer, which is about 25% of the officer's salary and benefits, versus the 75% of the year that he is on school grounds. The Superintendent of Ukiah Unified School District has informed us that they do not wish to pay this $20,000 in the future. This is one source that we will need to evaluate to determine whether this officer needs to spend some time on patrol, due to the fact that we are not able to hire our additional traffic patrol officer this year. Department DirectQr Expense Reduction RecQmmendations Each Director was asked to review their current budgets to make recommendations on potential expense cuts to the General Fund for next fiscal year that they would be able to live with. These revisions are preliminary, with additional reductions being discussed with the City Manager in more detail for presentation to the Council at the June hearings. The following is a summary of the Director's initial responses: C/ty G/erlc. Reduce Contractual Services by $1,000; Supplies by $500. Total: $1,500 Finance:. Reduce consulting by $6,600; publications and memberships by $200; postage by $500 and special supplies by $1,000. Total: $8,300 P/anning: Reduce contractual services by $49,000; meetings by $250; supplies by $3000; equipment by $1,500. Total: $53.750 >. Bu//d/ng:. Reduce meetings by $400; supplies by $2,000. Total: $2.400 Polic~. Reduce meetings by $635; K-9 program by $5,000 (program discontinued). Total: $5;635 F/r~. Reduce temporary staffing by $27,227; memberships by $1,000; account 690: public education by $1,000, pagers $800; equipment by $1,000. Total: $31,027 Note: The department was p~anning to apply for a FEMA grant to upgrade safet7 and communication equipment, but there is a 10% match of $30,000 and may be postponed. Engineering. Reduce telephone by $500; supplies by $6,300; equipment by $19,000. Total: $25.800 Stree~ Reduce contractual services for youth weeding program by $5,000 and tree trimming by $5,000; equipment rental by $3,000; in-lieu labor for rent to Airport reduces cost by $6,050. Total: $19,050 Community Service~. o Genera/Government Buildings. Reduce maintenance by $2,500; small tools by $2,000. Total: $4.500 o Park~. Reduce small tools by $1,000. Total: $1,000 o Museu~ Eliminate Curatorial Assistant position, $10,800; meetings by $300; building maintenance by $1,200; supplies by $5,000; equipment by $2,850. o Total: $20,150 Total Director recommended savings: $173,112 As previously noted, additional savings will be presented at the 3une budget hearing, after staff and the City Manager have more time to evaluate year end budget projections and strategize future needs. Increased expenses due to fuel costs and other factors will also be calculated into the departmental budgets to determine net savings. City Council Discussion of Other Potential Reductions Based on staff's proposed budget cuts, the $434,330 verified increase to the General Fund is totally covered. In fact, staff recommended cuts total $594,179, which leaves $159,849 to cover a portion of the $581,500 of proposed VLA losses and management cost of living increase, not yet negotiated. Staff is requesting Councils' direction regarding methods of reducing the budget expenses or raising revenues to cover this potential $421,651 shortfall. We will then use the Council's outline in preparing for the June budget hearings. Staff will include the increased expenses and State take-aways that are known by the time we put together the draft budget. Any remaining State revenue reductions that are being discussed by the Legislature, but not voted on, will not be included in the The following are possible items of discussion for the Council consideration for the additional dollars needed if the VLF is taken: 1) Personnel positions: We are in the process of hiring an Animal Control/Parks Attendant to relieve the Police Department of the duties of animal control. ]:n addition, this position will be assisting the Parks Department in watering the hundreds of trees that have been planted in the last two years, a full-time job during the summer. However, this is a new position, and Council may determine not to fill it in the coming year. Cost savings: $43,000 The part-time Code Enforcement Officer is a new position, but since it is a half-time position, the approximate cost is only $17,000 per year for a much needed service within the City. 2) Program cuts: The City has many core functions, such as street repair, Police, Fire, and Building/Planning services, but we also provide other non-essential services that have become expected and are greatly appreciated within our community. 1. One of these services is the Municipal Swimming Pool, which is running in a deficit position. Many children enjoy the pool during the summer for only $1.50 per session of four hours. However, the pool runs at a deficit of approximately $90,000, $80,000 of which could be eliminated if the pool were permanently closed. Another alternative would be to raise fees, which would reduce the deficit, but not eliminate it. Day Camp uses the pool facilities in the afternoons, so this program would also be revised around any decisions regarding the pool. We are currently losing so much water through leakage at the pool, staff is researching funds for repairing the system. This would require a shutdown of the pool facility, perhaps for an entire summer season. 2. Another area is the City's Grace Hudson Museum, to which the City has committed, as of last year, $200,000 annually for continued operation, with the Guild providing any additional funds for operational costs. Last year, the Sunhouse Guild donated $20,000 to the budget for museum overages. 3. The Community Services Recreation and Sports programs are covered by up to 89% by current revenue. Eliminating these programs would provide a savings of only $36,000 out of a $309,000 expenditure budget. 4. Other potential reductions could include actions such as closing City Hall every other Friday to save electricity and natural gas costs. This would require that all employees work a flex schedule to make up for the loss of that eight-hour day. Many employees are already working flex schedules, and this would allow them to continue their current work schedules. 5. The Council could also put a freeze on any new hires. This, however, would have to be carefully monitored, as there are many positions that are single positions, such as Payroll Officer, with no other positions to fill in for these essential duties. 6. The Council could also request that the current MOU contracts be reopened, with some benefit payments being suspended for one to two years; however, if there were any other options, due to the furloughs and lack of increases taken by the employees in 1996, this would not be the preferable route. 7. There will also be a list of street projects coming due for this next fiscal year, which are not funded through Mendocino Council of Governments (MCOG) or gas tax. A freeze on these projects may be instituted to save our reserves in the General Fund and 699 Fund, in case they are needed in the next several years. 8. The City has a policy of contributing funds to the Equipment Reserve 698 Fund to prepare and save for needed equipment and vehicle replacement. Reduction or elimination of the contribution to capital (711 line item in the departmental budgets) can be postponed, but is an inevitable expense at a future date and will require larger contributions from future budgets to cover the costs of replacement. This expense can be held in abeyance, unless there is a critical piece of equipment that needs replacing. 9. The Community Outreach Fund contains $51,400 for a variety of community programs, including $30,000 for the community based grant program. 10. Revenue enhancements would include increases to fees for services. There are a variety of current fee schedules that could be reviewed and evaluated for modifications. Conclusion During the budget preparations, staff will continue to review and discuss the individual departmental budgets to determine additional cost savings. There will also be increases to operational budgets for such items as gasoline and costs for supplies or needed equipment. We will have a total picture for the Council at the budget hearings. This presentation was intended to identify the budget situation, as we currently understand it, and begin the dialogue between Council and staff to identify areas the Council is willing to consider for budget adjustments. As we continue through the budget process, the specifics of each line item will be reviewed. Some items are anticipated to increase based on increased oil prices--paper products as well as gasoline. The complete picture will be presented to the Council at the budget hearings. Updates and additional information will be reported to Council as they are available. LLI o o o m 0 x ~ , x 0 0 o o o 0 ~- 0 0 o o 0 0 0 o 0 0 0 0 o 0 0 o 0 o w~ I.l.I 1.1.1 z wl. IJ © I&l ILl r~,~ wn~ o~ i.ij wI-- m~ 0 >- g,,, Ocs) Iii ~,~, O~ _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1.0 0 LO 0 S>I~ION~ Ol'l~]fld IN3~4dO93A3Q A.I. INNRI/~O0 ZlOIgOd .I. NZlI/~Nkl3A09 9V'd3N3~) S301A~135 AJ. INlll/~I~IO0 NOI.I.V~.L$1NII/~QV 30NVNI..-I 81d3C] .LOV'cI/NO0 '~ 0 0 CITY O F U KIAH CITY COUNCIL AGENDA Special Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 19, 2003 3:00 p.m. - 5:30 p.m. 1 ROLL CALL PRESENTATION a. Presentation by Bryan Barr, League of California Cities Representative, Regarding Status of the State Budget (3:00 - 3:30 pm) a PRE-BUDGET WORKSHOP a. Pre-Budget Workshop - Discussion and Direction For The June 2003 Budget Hearings 4. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 19, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS/PROCLAMATIONS/INTRODUCTIONS 4. APPROVAL OF MINUTES a. Regular Meeting of March 5, 2003 Bm 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. 1 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 February 2003 b. Award of Bid for Liquid Ferric Chloride to Kemiron Companies, Inc. for the Sum of $385.22 Per Dry Ton c. Notification to the City Council Regarding the Purchase of Chlorine Products From Pioneer America, Inc. for the Sum of $89.49 For 150 lb. Cylinders and $434.90 For One-Ton Cylinders d. Report to City Council Regarding Purchase of Bunker and Top Dressing Sand For the Ukiah Municipal Golf Course From Borges Transfer in the Amount of $5,990 e. Award of Bid for 2003 3/4 Ton Truck With Low Profile Service Body to Hoblit Motors for the Sum of $21,772.46 f. Adoption of Ordinance Adding Section 7154.5 to the Ukiah City Code Prohibiting the Parking of Vehicles That Are Six Feet or More in Height on Certain Streets or Portions Thereof g. Accept the Work as Complete for Structure Demolition at 410 Waugh Lane, Ukiah, Specification No. 02-29, and Authorize the Filing of the Notice of Completion with the County Recorder 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. . NEW BUSINESS a. Report to Council Regarding Appointment to the Library Advisory Board b. Report Concerning Possible Adoption of Anti Segway Human Transporter Ordinance c. Report Regarding a Potential Racial Profiling Incident and Depadment Percentage of Bilingual Employees d. Westside Hills Fire Protection Status Report e. Councilmember Baldwin - Discussion and Possible ACtion Regarding' i. Introduction of Ordinance Establishing A Five-Member Paths, Open Space And Creeks Commission ii. Public Access at the Fish Hatchery Site iii. Western Hills Open Space Acquisition and Preservation iv. Diversion From Gibson Creek v. Establishment of Policy To Use Proceeds From Sale of City-Owned Surplus Property For Open Space Acquisition vi. Stream Access In The Western Hills f. Adoption of Resolution of Intention for the Miscellaneous PERS Coverage Group to Amend the PERS Retirement Contract Committee - Councilmember Baldwin g. Selection of City Representatives and Approval of Meeting in Washington, D.C. to Present City of Ukiah Wastewater Treatment Plant Improvement Project White Paper to Congressional Representative and Senators to Secure Grant Funding 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 1 1. CLOSED SESSION a. Conference with Le(:jal Counsel- Anticipated Litigation, Significant exposure to litigation pursuant to subdivision (b) of Government Code § 54956.9 _(1 case)_ 12.ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MEMO Agenda Item: 4a TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ~'~_-~'~L_-~ SUBJECT: City Council Meeting Minutes: March 5, 2003 DATE: March 14, 2003 Every attempt will be made to forward the Draft Minutes of the March 5, 2003 City Council meeting to Council for review by Monday, March 17, 2003. Memos: CC031903 - minutes ITEM NO.: 6a DATE: March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF FEBRUARY 2003 Payments made during the month of February 2003, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 45261-45465, 45561-45639, 45642-45728 Accounts Payable Manual check numbers: none Payroll check numbers: 45169-45260, 45466-45560 Payroll Manual check numbers: 45640-45641 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 February 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: C~ndac~ ~(~rsl~y, (~it:~Manager KRS:W ORD/AGENDAAFEB03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF FEBRUARY 2003 Demand Payments approved: Check No. 45261-45350, 45351-45465, 45561-45639, 45642-45728 FUNDS: 100 General Fund $155,933.98 131 Equipment Reserve Fund 140 Park Development $10,400.00 141 Museum Grants $2,290.50 143 N.E.H.I. Museum Grant $1,835.76 150 Civic Center Fund 200 Asset Seizure Fund 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 205 Sup Law Enforce Srv. Fd (SLESF) $521.43 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $425.09 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund $1,426.92 260 Downtown Business Improvement 290 Bridge Fund $38,806.00 310 Special Aviation Fund 330 Revenue Sharing Fund $52,291.49 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant $3,836.25 334 EDBG 94-333 Revolving Loan $8,606.50 335 Community Dev. Comm. Fund 341 S.T.P. 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $4,965.43 550 Lake Mendocino Bond 575 Garage $1,280.77 6O0 611 612 66O 664 665 670 675 678 679 695 696 697 698 699 800 805 806 820 840 900 910 920 940 950 960 962 965 966 Airport Sewer Construction Fund City/District Sewer Sanitary Disposal Site Fund Disposal Closure Reserve Refuse/Debris Control U.S.W. Bill & Collect Contracted Dispatch Services Public Safety Dispatch MESA (Mendocino Emergency Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Special Projects Reserve Electric Street Lighting Fund Public Benefits Charges Water Special Water Fund (Cap Imp) Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 45169-45260 DIRECT DEPOSIT NUMBERS 15786-15913 PAYROLL PERIOD 1119/03-2/1/03 PAYROLL CHECK NUMBERS 45466-45560, 45640-45641 DIRECT DEPOSIT NUMBERS 15914-16044 PAYROLL PERIOD 212103-2121103 TOTAL TOTAL TOTAL TOTAL TOTAL DEMAND PAYMENTS PAYROLL VENDOR CHECKS PAYROLL CHECKS DIRECT DEPOSIT PAYMENTS $8,471.39 $14,504.80 $69,312.64 $13,216.92 $10,699.41 $24,105.50 $2,066.16 $8,862.96 $7,370.33 $613.45 $2,047.63 $94,043.31 $8,014.20 $599,814.92 $9,099.5O $3,682.97 $37,385.99 $1,741.18 $1,723.73 $70,327.10 $19,309.83 $167,102.96 $1,869.15 $89.49 $1,459,762.30 $68,159.49 $137,737.61 $310,133.44 $1,975,792.84 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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DATE: 6b March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR LIQUID FERRIC CHLORIDE TO KEMIRON COMPANIES, INC. FOR THE SUM OF $385.22 PER DRY TON. Each year it is necessary to purchase approximately 150 tons of 40% solution liquid ferric chloride for use at the wastewater treatment plant. Liquid ferric chloride is used as the primary coagulant in the advanced wastewater treatment process. Total quantities are an estimate of annual usage. Orders are placed on an as needed basis by wastewater treatment plant personnel. Requests for Quotations through the formal bid process were sent to six chemical suppliers. Two bids were returned and opened by the City Clerk on March 10, 2003. The Iow bid is from Kemiron Companies, Inc. for $385.22 per dry ton. Staff recommends that the bid be awarded to Kemiron Companies, Inc. for $385.22 per dry ton which equates to an annual estimated cost of $23,113.20. $122,000 was budgeted in the Sewer Account 612.3580.520.000 for the purchase of chemicals. There are currently no local suppliers for this chemical. RECOMMENDED ACTION: Award Bid For Liquid Ferric Chloride To Kemiron Companies, Inc. For The Amount Of $385.22 Per Dry Ton. 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 1. Tabulation of bids APPROVED:, Candace Horsle¥, Cit~Mana§er March 2003 TABULATION OF BIDS FOR LIQUID FERRIC CHLORIDE BIDDER AMT/DRY TOFI Kemiron Companies, Inc. Univar USA $385.22 $595.00 ITEM NO. 6¢ DATE: March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE OF CHLORINE PRODUCTS FROM PIONEER AMERICA, INC. FOR THE SUM OF $89.49 FOR 150 LB. CYLINDERS AND $434.90 FOR ONE- TON CYLINDERS Each year it is necessary to purchase chlorine products in 150 lb. and one- ton cylinders. Chlorine is necessary to meet State of California water quality standards and is used in the daily operations at the water treatment facilities. A Request for Quotation for the purchase of chlorine products on an as needed basis was written for firm unit prices within one year from date of award. Request packages were sent to three chlorine suppliers. One bid was returned and opened by the City Clerk on March 10, 2003. Pioneer America, Inc. submitted the only bid of $89.49 for 150 lb. cylinders and $434.90 for one-ton cylinders. This equates to a total annual estimated cost of $4,803.55. Additionally, there is a .9% California EPA charge and $150.00 deposit for 150 lb. cylinders and $1,000 deposit for the one-ton container. A Purchase Order has been issued to Pioneer America, Inc. for the total amount. $60,000 is budgeted in Water Account 820.3908.520.000 for the purchase of chemicals. Based on our purchasing policies, we are giving the City Council the required notification of this action. There are currently no local suppliers for this product. RECOMMENDED ACTION: Receive and file report regarding the purchase of chlorine products from Pioneer Americas, LLC for the amount of $89.49 for 150 lb. cylinders and $434.90 for one-ton cylinders. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl Barnes, Director of Public Utilities George Borecky, Water and Sewer Operations Superintendent Candace Horsley, City Manager None APPROVED' --._. _ Candace Horsley, City'~anag er ITEM NO. 6d DATE: March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT TO CITY COUNCIL REGARDING PURCHASE OF BUNKER AND TOP DRESSING SAND FOR THE UKIAH MUNICIPAL GOLF COURSE FROM BORGES TRANSFER IN THE AMOUNT OF $5,990 Pursuant to the requirements of Section 1522 of the Ukiah Municipal Code, staff is filing with the City Council this report regarding the purchase of bunker and top dressing sand for the Ukiah Municipal Golf Course from Borges Transfer, in the amount of $5,990. Requests For Quotations (RFQ) were sent to the two qualified bidders who carry sand that meets United States Golfing Association specifications. The bid from Borges Transfer was received by the specified deadline and accepted as the Iow bid. Silica Resources did not respond by the request for quotation deadline. This item is budgeted in the 695.6120.690.000 account. RECOMMENDED ACTION: Receive report regarding purchase of bunker and top dressing sand from Borges Transfer in the amount of $5,990. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager, Larry W. DeKnoblough, Community Services Director and Nora Kennedy, Purchasing Supervisor None APPROVED: ca'-ndac~anager ITEM NO. 6e Date: March 19, 2003 A.GENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR 2003 3/4 TON TRUCK WITH LOW PROFILE SERVICE BODY TO HOBLIT MOTORS FOR THE SUM OF $21,772.46 The Electric Department sent Requests for Quotations through the formal bid process to thirteen auto and truck dealers for a 2003 3/4 ton truck with a Iow profile service body. Seven bids from six bidders were received and opened by the City Clerk on March 10, 2003 at 2:00 p.m. Hoblit Motors is the lowest bidder with a total bid of $21,772.46. Appropriate funds are budgeted in Account Number 800.3646.800.000. RECOMMENDED ACTION: Award bid for a 3/4 ton truck with Iow profile service body to Hoblit Motors for the sum of $21,772.46. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid results Candace Horsley, Cit~anager BID RESULTS 2003 3/4 TON TRUCK WITH LOW PROFILE SERVICE BODY Hoblit Motors $21,772.46' Ukiah Ford $21,830.18 Northlake Ford Mercury $22,468.88 Woodland Motors $22,732.35 Harper Ford Country (F250) $23,858.44 Harper Ford Country (F350) $25,537.43 Coalinga Motors, Inc. $24,111.95' * Terms: $500.00 discount if paid within 20 days ITEM NO. DATE: 6f March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE ADDING SECTION 7154.5 TO THE UKIAH CITY CODE PROHIBITING THE PARKING OF VEHICLES THAT ARE SIX FEET OR MORE IN HEIGHT ON CERTAIN STREETS OR PORTIONS THEREOF SUMMARY: On March 5, 2003 the City Council voted 5-0 to introduce the attached ordinance which would prohibit the parking of vehicles that are six feet or more in height on certain streets or portions thereof. The Ordinance has been prepared in final form and is ready for adoption. RECOMMENDED ACTION: Adopt the ordinance of the City Council of the City of Ukiah adding Section 7154.5 to the Ukiah City Code Prohibiting the Parking of Vehicles that are six feet or more in height on certain streets or portions thereof. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt ordinance and provide direction to staff. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: Captain E. Conley, CHP Commander Diana Steele, Director of Public Works ' / C~ty Eng~nee~,~.~ Rick Seanor, Deputy Director of Public Works_/~~ Candace Horsley, City Manager 1. Ordinance for Adoption APPROVED:~/~~.~'-'~ Candace Horsley, City~anager RJS: AG-540-S-Orchard-6-fl-Pa rking-AdoptOrdinance. SUM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 7154.5 TO THE UKIAH CITY CODE PROHIBITING THE PARKING OF VEHICLES THAT ARE SlX FEET OR MORE IN HEIGHT ON CERTAIN STREETS OR PORTIONS THEREOF. The City Council of the City of Ukiah hereby ordains as follows' SECTION ONE Section 7154.5 is hereby added to Article 10 of Chapter 1 of Division 8 of the Ukiah City Code to read as follows: § 7154.5 NO PARKING OF VEHICLES SlX FEET OR MORE IN HEIGHT IN LOCATIONS DESIGNATED BY CITY COUNCIL RESOLUTION: It shall be unlawful and constitute a violation of this Article to park or allow to stand any vehicle that is six feet or more in height (including any load thereon) on certain streets or portions thereof, during all or certain hours of the day as designated by resolution of the City Council. The City Traffic Engineer shall erect signs providing notice of any such prohibition in accordance with the provisions of Section 7160. SECTION TVVO This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION THREE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on March 5, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Rodin, Andersen, Smith, Baldwin, and Mayor Larson None None None ORDINANCE NO. Page 1 of 2 Adopted on March 19, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ORDINANCE NO. Page 2 of 2 AGENDA SUMMARY ITEM NO. 6g DATE: March 19, 2003 REPORT SUBJECT: ACCEPT THE WORK AS COMPLETE FOR STRUCTURE DEMOLITION AT 410 WAUGH LANE, UKIAH, SPECIFICATION NO. 02-29, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER SUMMARY: The Work of Project entitled Structure Demolition at 410 Waugh Lane (also referred to as 410 Talmage), Ukiah, Specification No. 02-29 (The Project), was physically completed on February 26, 2003 by Mendocino Construction Services, Inc. (The Contractor) in substantial compliance with the Contract Documents. The Contract was awarded to the Contractor on December 4, 2002 at the initial contract amount of $8,436.00. The final contract amount is $8,721.78 with one (1) change order being issued in the amount of $285.78. Payment made to the Contractor for the Work completed is based on a lump sum price bid. A Final Payment consisting of the retention and the compensation for the change order work in the amount of $707.58 will be made to the Contractor 35 calendar days after the Notice of Completion is recorded with the County Recorder pursuant to the provisions of the Contract Documents. The authorized budget amount for the Project including the work of the previous project involving the removal of asbestos containing materials contained within the abandoned structure is $23,290 within budget account 699.3110.800.022 for fiscal year 2002-2003. The final contract amount for the asbestos removal work was $11,480.00. The combined project cost is $20,201.78. (continued on page 2) RECOMMENDED ACTION: 1. Accept the Work as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for recordation. ALTERNATIVE COUNCIL POLICY OPTION: None Requested by: Prepared by: Coordinated with: Attachments: 1. Notice Diana Steele, Director of Public Works/City Engineer Rick Kennedy, Project Manager Candace Horsley, City Manager of Completion for Structure Demolition Specification No. 02-29 2. Proposed Final Estimate accepted by the Contractor 3. Contract Change Order No. 1 4. Letter to Contractor dated February 26, 2003 at 410 Waugh Lane, Ukiah, Candace Horsley, Cit~anager Page 2 March 19, 2003 Accept the Work As Complete For Structure Demolition at 410 Waugh Lane, Ukiah, Specification No. 02-29 and Authorize the Filing of the Notice of Completion with the County Recorder A subsurface metal container that is believed to have been an oil sump was encountered on the project when the site improvements were being removed. Change Order No. I was issued to the Contractor for the initial sampling and testing of soil material found within the metal container. The results indicated the minor presence of oil and grease (260 mg/kg or 260 parts per million) and hydrocarbon as diesel (1.9 mg/kg) and as motor oil (15 mg/kg). Subsequent to the initial testing by the Contractor, the City staff initiated further testing of soils taken from the bottom of the shallow pit where the metal container had been found. The subsequent testing indicates the presence of hydrocarbons as diesel (4.3 mg/kg) and as motor oil (34 mg/kg) and of acetone (0.041 mg/kg) in the soil under the metal container. The County of Mendocino Division of Environmental Health was notified of the testing results. Because the suspected oil sump may not be included in the Underground Storage Tank Cleanup Program, the County staff has referred the matter to the Regional Water Quality Control Board for guidance concerning any further investigative work and any required remedial action. City staff extended the time of completion for the Project in the hope that the remedial work would consist of the removal of the contaminated soil and that the Contractor could perform this work. Because the time frame for the conclusion of the soil contamination issue is unknown, staff has recommended that the Work of the Project be finalized and accepted as complete. Any further investigative work or any remedial soil contamination work would be performed under other contractual arrangements with the $3,088 remaining balance in the project account. Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: . That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 . That the nature of the title to the Structure Demolition at 410 Wauqh Lane, Ukiah, Specification 02-29 of all said owners is that of fee simple. . That on the day of February 26, 2003 the physical work of the Contract was actually completed and that on March 19, 2003 the City Council of the City of Ukiah accepted the Work as complete. . That the name and address of the Contractor is Mendocino Construction Services, Inc. 1 P.O. Box 1517, Willits, California, 95490. . That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property located at 410 Talmage Road, Ukiah. City Council Approval CITY OF UKIAH, a Municipal Corporation By: DATE MARIE ULVILA, City Clerk DATE STATE OF CALIFORNIA) COUNTY OF MENDOClNO) Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the content thereof and the same is true of her own knowledge. MARIE ULVILA, City Clerk Subscribed and sworn to before me, Peggy Yee, Notary Public this day of ,2003. PEGGY YEE, Notary Public in and for the County of Mendocino, State of California Z0'8 ~0/~0'd ! blN/S::)N £0: 91: £00~-~ CITY OF UKIAH CONTRACT CHANGE ORDER Sheet 1 of 1 Contract Change Order No. 1 Project Name Structure Demolition at 410 Wau,qh Lane, Ukiah Specification No. 02-29 To Mendocino Construction Services, Inc. , Contractor You are directed to make the following changes from the plans and specifications or to do the following described work not included in the plans and specifications for this contract. Note: This change order is not effective until approved by the Public Works Director i Description of work to be done, estimate of quantities and prices to be paid, additional work at contract price, ~agreed price and force account are to be segregated. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowances will be made for idle time. Change requested by: ~ Engineer Contractor The last percentage shown is the net accumulated increase or decrease from the original quantity in the Bid Proposal. 1. Provide special and technical services related to the sampling and testing of soil material contained within a metal container found on the job site. The soil material shall be tested for the presence of oil and other hydrocarbons. The services of and the standard fees charged for sampling and testing by Alpha Analytical Laboratories are pre-approved. Pursuant to the provisions of Section 9-1.03B of the Standard Specifications, a markup of 15% will be added to the cost of special services for the Contractor's overhead. The Contract Time of Completion shall be extended until such time the City elects to continue the soil testing and exploration work related to the suspected metal oil sump by other forces outside the provisions of this Contract. Cost of Special Services per Invoice: 15 % Overhead markup: Total Compensation by reason of this CCO: $248.50 $37.28 $285.78 Estimated Cost: ,.,X Increase __ Decrease $285.78 By reason of thi.~cJ~nge order,t~e completion will be adjusted as follows: February 26, 2003 Completion Date Submitted by . Date _ Public Works Director's Approval ~'~'~L~.: ~_.~Z~_.*-. Date .~//,d- ,/C-, ?-~ We the undemigned ~or, have given careful consideration to the change order proposed and do agree, if this proposal is approved, that we will ~ will accept as full payment therefore the prices shown ahoy. Note: If the Contractor does net accept the of this change order, the Contractors attention is ~irected to the requirements of the specific~on as to _proceed___ing with the ordered work ~ filir~ a written protest within the time therein specifiC. ////T'7"~ ~ ~~7- MENDOCINO CONSTRUCTION SERVICES, INC. RO. Box 1517, Wiats, Cat. mia 95490 Con. L~ 1~t443396 (707) 459.2377 February 2'/, 2003 Rick Kennedy City of Ukiah 300 Seminary Drive Ukiah, CA 95482 Shucture De~lition ~ 410 Waash Lane Specification No. 02-29 Extra Work Cosis Aztae, bed is a copy ofthe invoice from Alpha Labs in th: amount of $248.50. This is the only ~ost that we have inc~ towards this Chan~e Order. Please give us a call it'we eau be of any fiinher service or ifyou need any additional infomla~n. Stne=el~, Alpha Aaml~ L~boratori~ 860 W~gh 707-4684)401 D OIC 01/20/0~ Invoice # 3010395.ML~CON Bill To: P.O.Box 1517 WiUt~, CA A~m: A~01327 410 Waugh Lu. I~'avafio. 01/1610~ Y. O. Numb= Soil $1.00 $1.00 Soil $75.00 S7~.00 Soft $90.00 $90.00 Soil lnvole~ Total: $24g,~0 February 26, 2003 Bret McPhaui Project Manager Mendocino Construction Services, Inc. P.O. Box 1517 Willits, California 95490 FAX #: 707-459-0644 Re: Structure Demolition at 410 VVaugh Lane, Ukiah Specification No. 02-29 Status Report & Request for Extra Work Costs Dear Mr. McPhaul: Testing of the soil sample taken from the bottom of the suspected oil sump found on the project site indicate a minor amount of heavy oil contamination to the adjacent soils. The County Environmental Health Department has referred this matter to the Regional Water Board and we suspect that additional exploration and testing will be required because of the nature of the sump system. Resolution of this issue is not foreseeable in the near future. Because of the unknown time frame concerning the potential soil remediation work, it is the City's desire not to delay the finalization of your contract. Please submit your extra work costs pertaining to the initial testing of the material found in the metal sump. Upon receipt of your costs, we will issue you a Change Order and prepare the Final Estimate. it is our goal to submit the Project to the City Council for acceptance at their regular meeting of March 19, 2003. Please fax your costs to my attention at 463-6204; the appropriate markup will be applied. We thank you for your patience in this matter and we appreciate the good work performed by your crew. Sincerely, Project Manager Cc: Diana Steele, Public Works Director/City Engineer AGENDA SUMMARY REPORT ITEM NO. 7i DATE: April 2, 2003 SUBJECT: APPROVAL OF PHASE I FENCE IMPROVEMENTS FOR THE UKIAH MUNICIPAL GOLF COURSE IN THE AMOUNT OF $15,000 The Ukiah Men's Golf Club has submitted a proposal to improve the front entrance of the Ukiah Municipal Golf Course by replacing the existing chain link fence that extends the length of the parking lots to the north and south of the Pro Shop and the wood/masonry fence enclosing the Todd Grove Room patio. The proposal calls for the existing fence to be replaced with a wrought iron fence that matches the style of the gate at Todd Grove Park (Refer to Attachment I for the proposed design plan). In addition to improving the overall appearance of the facility, the approximately 5 1/2 foot tall fence (7-foot around the patio) and gates will provide improved security for the course, Pro Shop, and Todd Grove Room. The front currently lacks secure gates and some of the fence is damaged including a 15-foot section along the Todd Grove Room patio that was destroyed during a winter storm three years ago. The improvements will be completed in two phases. Phase I will include the south parking lot and the Todd Grove Room patio and Phase I! will include the north parking lot. The Men's Club will provide volunteer labor to install the fence. The Club is requesting the City reimburse material expenses and provide some expert assistance during the installation. A contractor submitted an estimate for the total project at price of $52,173. The cost saving to the City under the Men's Club proposal is estimated at $28,673. (Continued on Page 2) RECOMMENDED ACTION: 1. Approve Phase I fence improvements for the Ukiah Municipal Golf Course in the amount of $15,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject proposal and remand to staff with direction Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Ukiah Men's Golf Club N/A Sage Sangiacomo, Community Services Supervisor and Jim Hughes, Golf Course Supervisor Larry W. DeKnoblough, Community Services Director and Candace Horsley, City Manager 1. Fence Design Proposal 2. Itemized Price List for Fence APPROVED: Candace Horsley, Ci{~ Manager Continued from Page 1 Funding for Phase I of the project is currently available in the 695.6120.305.000 account (Golf Course Building and Grounds Maintenance)in the amount of $15,000. The second phase of the project will be budgeted in fiscal year 2003/04 in the amount of $8,500, based on the availability of funds. The total cost for both phases of the project is $23,500. Refer to Attachment Ii for itemized material expenses. The Parks, Recreation, and Golf Commission unanimously approved the project. Staff requests Council approve the project and authorize the expenditure of $15,000 for Phase I. Attachment 1 Attachment 2 UKIA~ MENS CLU'BZ~LEX GOEI~ PARK BLVD, UKIAR CA fencing for Ukiah golf dub house, Todd Grove Room. Fencing consists of.' 28 sections @ 5'41/2'tall by 10' long, with 30- 4"x4"x8' posts. (CLUB HOUSE) Each section consists of: 3- 11/2"x3"x10· Rails 30- 3/4"x3/4"x52" Pickets 30- 1/2'x4" Rings 30-3/4'~ Spheres Primered and painted. Price per section: $519.64 Total Price: $14,549.92 7 Sections @ 7' tall x 10' long with 8 ~- 4"x4"x10' e,~,t (TODD GROVE.. ROOM) Each section consists of the same material as above, with the exception of the pickets. The pickets are 72' long and the posts are 10' long , Price per section: $707.14 Total Price: $4,949.98 3 slider gates, all with the same material as listed above, with the exception the 2 top rails are arched and pickets vary accordingly. Mounted by 4 post & V groove track slider system with padlock latches. 1 gate is 5'tall x 12' long 1 gate is 5' tall X 14' long I gate is 7'tall x 8' long Price: $1400.00 Price: $1600.00 Price: $1000.00 Summary of Pricing $55.72 per Linear Foot excluding gates Total Price including gates: $23,499.90 ,J ITEM NO. 8a DATE: March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL REGARDING APPOINTMENT TO THE LIBRARY ADVISORY BOARD At the February 5, 2003 City Council meeting, Council directed staff to solicit applications for appointment to the Library Advisory Board. A press release was issued to the media on a weekly basis regarding this vacancy. As of the March 13th deadline, no applications were received. RECOMMENDED ACTION: Provide direction to staff with regard to filling the vacancy on the Library Advisory Board. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for the vacancy or Council could select another Councilmember for appointment to this Board. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah City Council i'.'~" '- ~__...~z¢_::,~.::.:.~. Marie Ulvila, City Clerk ~z~._--&~ ~ Candace Horsley, City Manager 1. News Release announcing vacancies APPROVED' ~.~, L,~ Candace Horsley, anager ASR: Commission Appointment-Library af l kiah NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: February 7, 2003 Immediately Vacancy on City of Ukiah Library Advisory Board Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there is one vacancy on the Library Advisory Board effective immediately. The Library Advisory Board meets ten times per year to discuss items of interest of the library system, including the budget. Any resident living within the City limits may apply. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer may apply for this vacancy. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed or faxed to you. The submittal deadline is March 13, 2003 at noon. The appointment to the Library Advisory Board will be considered at the City Council's regular meeting on March 19, 2003. Marie Ulvila, City Clerk C: KUKI/KIAH KPFM KVVNE KOZT KFVVU KZYX KMFB PRESS DEMOCRAT KNTI UKIAH DAILY JOURNAL If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. Press Release: Demolition Permit Review Committee 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www. cityofukiah.com AGENDA SUMMARY ITEM NO. 8b DATE: March 19, 2003 REPORT SUBJECT: REPORT CONCERNING POSSIBLE ADOPTION OF ANTI SEGWAY HUMAN TRANSPORTER ORDINANCE The Ukiah Police Department has been asked to report to the City Council regarding a proposed Anti-Segway Human Transporter Ordinance for the City of Ukiah. Staff researched the Segway device, SB 1918, existing vehicle codes, the proposed Anti-Segway Ordinance, and solutions other cities are considering. The Segway Human Transporter will be available to the general public starting in March and is currently being sold through Amazon.com at a starting price of $5,000. The SEGWAY device is being offered in two formats, a commercial model that has an estimated top speed of 12.5 MPH and a consumer model which will have three options of top speeds, 5, 8, and 10 MPH. Buyers are currently required to take an orientation course from the company prior to making a purchase, and the company does not recommend it's use by individuals under the age of 16. On September 26, 2002, Governor Gray Davis signed into law SB 1918 which regulates the use of the Segway Human Transporter as an "electric personal assistive mobility device" or EPAMD. An EPAMD has been defined as a self-balancing, non-tandem, 2-wheeled device that can turn in place, designed to transport only one person at a maximum speed of less than 12.5 MPH. This law specifies that a "pedestrian" (as applied to the California Vehicle Code) includes the user of an EPAMD. (Continued on page 2) RECOMMENDED ACTION: Refer analysis of the Segway Human Transporter ordinance to the Ukiah Traffic Engineering Committee. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey- Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: 1. Proposal from Jane Karda and Betty Green 2. Picture and specifications of the Segway APPROVED: ~ ~~'~"'~~ Candace Horsley, Cit~anager REPORT CONCERNING POSSIBLE ADOPTION OF ANTI SEGWAY HUMAN TRANSPORTER ORDINANCE March 19, 2003 Page 2 SB 1918 further requires that an EPAMD be equipped with front, rear and side reflectors, a system that enables the driver to bring the device to a controlled stop, lamps for nighttime visibility and a sound emitting device. SB 1918 also provides that local authorities may adopt ordinances with respect to the time, place, and manner of operation of an EPAMD. An Anti-Segway Model Ordinance has been proposed to the Ukiah City Council for adoption that states: (a) (b) (c) It shall be unlawful to operate an "electric personal assistive mobility device" as defined in Section 313 of the Vehicle Code, on any sidewalk, walkway, pathway, trail, multi-purpose shoulder lane, bridge, in or about a mall, parking lot, multistoried parking structure, an airport or other pedestrian/transportation facility which is under the jurisdiction of the City of Ukiah or County of Mendocino. The term "pedestrian" shall not, for any purpose, be deemed to include an "electric personal assistive mobility device", as defined in Sections 467 and 313 of the Vehicle Code. Any person who violates this ordinance shall be guilty of an infraction and, upon the conviction therof, shall be punished for the first offense by a warning or a fine of not less than $50 nor more than $100; and for a second offense and each additional offense by a fine of not less than $100 nor more than $500. As proposed, the model ordinance would make the operation of an EPAMD illegal within the city limits of Ukiah. Because the EPAMD would not be able to flow with traffic, it could not be legally operated on a residential roadway, and the proposed ordinance includes bike lanes, sidewalks and other areas. Proponents of the proposed ordinance state that the EPMAD poses a safety risk to pedestrians: "We oppose the use and operation of an electrical personal assistive mobility device (EPMAD) within the jurisdiction of the City of Ukiah or the County of Mendocino. Our position is that it would be irresponsible to permit the operation of EPAMDs on our sidewalks and within other pedestrian/transportation facilities in this community, until there are: a thorough examination of state property and local municipality liability issues, independent crash testing and safety data gathering, and any safety issues that are identified are addressed by the manufacturer." Jurisdictions throughout the State of California have been lobbied to study the issue of EPAMDs, and enact ordinances similar to the ordinance proposed to the Ukiah City Council. Currently, studies are being conducted in the San Diego/Los Angeles Area, the Sacramento Region and the Bay Area and only one city has taken an official stance. The City of San Francisco banned the use of the EPAMD on January 20th, 2003 over concerns that the vehicles posed a safety risk to senior citizens and the disabled. REPORT CONCERNING POSSIBLE ADOPTION OF ANTI SEGWAY HUMAN TRANSPORTER ORDINANCE March 19, 2003 Page 3 On March 12th, 2003 the San Mateo Public Works Commission recommended to the San Mateo City Council that EPAMDs be allowed within their jurisdictions at this time. The Commission recommended that the city take a "wait-and-see" approach to regulations until additional information was available. During this period, staff was instructed to monitor issues that could arise involving liability insurance, police enforcement and Segway parking in downtown areas of San Mateo. The City of Sacramento and the City of Santa Cruz have studies underway to possibly limit the use of the vehicle within specific areas of their cities. Santa Cruz's Traffic Engineer is considering recommending a ban of use in specific commercial areas of the city. The City of Belmont has begun to study their existing bicycle codes for possible modifications, which would include the use of EPAMDs. Also on March 12th, 2003 the Sacramento Bee reported that although opposition groups to the Segway have been the most vocal to this point, other groups representing seniors and disabled persons have been studying uses for the EPAMD. The Executive Director of the Area 4 Agency on Aging said that surveys indicate that a priority for older people is Iow cost transportation options. The Insurance Journal reported on March 6th, 2003 that insurance companies within California are beginning to offer policies specifically tailored for the Segway device. Since the EPAMDs were not designed for the street, most companies are exploring offering a special endorsement to homeowners and vehicle policies for "low powered recreational vehicles". Staff recommends that the City of Ukiah's Traffic Engineering Committee be asked to study this issue and make recommendations to the City Council. The Traffic Engineering Committee is made up of representatives from the Police, Public Works, Planning, and City Manager Departments of the City, as well as community and public transportation representatives. This committee conducts public meetings, and can solicit and receive comment from members of our community, prior to providing a recommendation regarding the proposed ordinance or other measures which may be taken concerning the use of EPAMDs within the City of Ukiah. ATTACHMENT To Whom It May Concern: As citizens and pedestrians of Ukiah in Mendocino County, we are concerned about the use of the electric personal assistive mob'flity device, as defined in section 313 of the vehicle code. This device has already been omlawed in the city and county of San Francisco. These devices weigh up to 80 pounds. You can imagine this combined with the weight of the operator and see the pros]x~s of serious injury in a collision with a pedestrian. However, at this time, there is no law protecting the residents of Ukiah l~om the use of these vehicles on our city sidewalks. We are visually ~ed persons living in lJkiah with concern for our personal safety on city sidewalks because these vehicles, being electric, make no sound. Making it imposs~le for us to avoid collision, if they are in our vicinity and are allowed on our sidewalks. These vehicles are not only a danger to people with visual impairment but to all pedestrians young and old who travel the sidewalks of Ukiah. We are submitting additional supportive information to better convey our concerns on this matter. Jane Kardas Betty Green Re: Opposition to SB 1918 - Segway Human Tram~rter as "Pedestrian" On September 26, 2002 Governor Gray Davis signed into law SB 1918, which was introduced by Senator Torlakson and sponsored by Segway, LLC, the manufacturer of the Segway Human Transporter an "electric personal assistive mob'flity device" (EPAMD). This bill establishes regulations regarding the use of EPAMDs on sidewalks. The term "EPAMD" is defined as a self-balancing, non-tandem, 2- wheeled device that can turn in place, designed to transport only one person at a maximum speed of less than 12.5 miles per hour, as spec~ The bill specifies that "pedestrian" includes a user of an EPAMD. An EPAMP would be required, among other things, to be equipped with front, rear, and side reflectors, a system that enables the driver to bring the device to a controlled stop, lamps for nighttime visibility, and a sound emitting device. SB 1918 would also provide that local authorities may adopt ordinarra~ with respect to the time, place, and manner of operation of EPAMDs, as We oppose the use and operation of an electric personal assistive mobility device (EPMAD) within the jurisdiction of the City of Ukiah or County of Mendocino. Our position is that it would be inespons~le to permit the operation of EPAMDs on our sidewalks and within other pedestrian/transportation facilities in this conanunity, until there are: a thorough examination of state property and local municipality liability issues, ind~ent crash testing and safety data gathering, and any safety issues that are identified are addressed by the manufacturer. Although ~ is a great deal of interest concerning the vehicle's potential use in the state of California the American Association of Retired Persons, American Council of the Blind, ~ Walks, Berkeley Rock Roll, California Congress of Seniors, California Council of the Blind, Californians for Disability Rights, California Walks, City of Oakland, City of San Jose, Older Women's League, Senior Action Network, and Walk San Francisco went on record opposing the passage of SB 1918 for the following reasons: . The requirement contained in SB 1918, which designates an electric personal assistive mobility device, commonly known as the "Segway Human Tmm~rter" as a "pedestrian", thus authorizing its use on a sidewalk, is highly inappropriate. Currently, the only exception to the definition of a pedestrian as a person who is "afoot" is for an individual who mill?es a wheelc~ or other mobility aid due to a disability. The Seway Human Transporter cannot serve the same purpose as a wheelchair or other mobility aid for movement- in that it cannot be operated by non-ambulatory individuals or individuals who do not have good balance and eyeJhand coordination who often have no alternative means of access. On the other hand, the Segway user has alternative options e.g., motor vehicle, bicycle, etc. to access their community, and the Segway would be used only to travel the sidewalk more quickly. 2. This legislation creates severe hazards to other pedestrians, including the frail, elderly, children, and persons with disabilities, espec~ blind and deaf individuals, who are not expecting such high-spccd and extremely quiet vehicles on sidewalks. The Segway's high speed and noiseless features substantially increase the risk of injury and even death to pedestrians. In addition, the legislation fails to address whether pedestrians will have any legal recout~ against Segway users, including those who provide inadequate warning of the approach of the Segway Human Trans~rter or who operate the device in a negligent or reckless manner. Moveover, this legislation provides no way to enforce speed limits set by local ordinances, e~ially since the speed governing mechanism on the Segway can be easily over-ridden. 3. The Nation Safety Council has determined that the average reaction time for an emergency-braking sit, ration for a vehicle is ~A of a second. Even at 12 mph, a Segway would trave 13 feet before the operator would initiate braking. The Segway Company claims that the scooter could ~ be stopped in an additional 5 feet, for a total stopping distance of 18 feet, which is. inadequate to avoid hitting another pedestrian, particularly on crowed walkways. 4. The Segway has not gone through crash testing by an independent evaluation entity on human subjects, particularly pedestrians and worker. Injuries and death bom the Segway could result in a significant inflation of "deep pockets" litigation. Pedestrians could sue if injured on state or municipal owned sidewalks for inadequate study of the dangers. Also, injured employees could sue under CalOSHA for the lack ofany CalOSHA testing of this device. 5. SB 1918 may set a precedent for sidewalk use by other uninsured motorized vehicles, such as scooter. The severe safety hazards created by the Segway may also discourage use of the sidewalks by o~ thus adversely impact~ the lifestyle of our community and preventing those who walk to conduct many normal activities of daily living l~om fully participating in our society. Finally, there are unaddressed issues in Senate Bill 1918 regarding: operator license, insurance, training, and age of Segway users, the regulation of the device that should be required for the operation of the device (e.g.. helmets, lights and reflectors, DUI), and local jurisdictions prohi'bition of the use of the device. In light of the foregoing, we join other groups and concerned citizens in asking the City Council of the City of Ukiah or Board of Supervisors of the County of Mendocino to adopt section (476), which would prohibit the use and operation of an electric personal assistive mobility device (EPAMD) on any sidewalk, ~y, pathway, trail, multi- purpose shoulder lane, bridge, in or about a mall, parking lot, multistoried parking structure, an airport or other pedestrian/transportation facility which is under the jurisdiction of the City of Ukiah or County of Mendocino. Attached we submit for your consideration an adoption, a model ordinance for the Prohibition of the "Electric Personal Assistive Mobility Device" within the jurisdiction of the City of Ukiah or County of Mendocino Anti-Segway Model Ordinance with Appendix Model Ordinance for the Prolu'bition of the "Electric Personal Assistive Mobility Device (Revised December 18, 2002) Be it enacted by the City Council of the City of Ukiah or Board of Supervisors of the County of Mendocino, as follows: SECTION 313 ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES (a) It shall be tmlawfifl to operate an "electric personal assistive mobility device" as defined in Section 313 of the Vehicle Code, on any sidewalk, walkway, pathway, trail, multi-purpose shoulder lane, bridge, in or about a mall, parking lot, multistoried parking structure, an airport or other pedestxJawgam~ortation fac~ which is under the jurisdiction of the City of Ukiah or County of Mendocino. (b) The term "pedeX' shall not, for any. purposed, be deemed to include and "electric personal Assistive mobility device", as defined in Sections 467 and 313 ofthe Vehicle Code. (c) Any person who violates this ordinance shall be guilty of an infraction and, upon the conviction thereof, shall be punished for the first offense by a warning or a fine of not less than $50 nor more than $100; and for a second offense and each additional offense by a fine ofnot less than $100 nor more than $500. Section 467 of the Vehicle Code is amended to read: 467 (a) A "pedestrian" is any person who is afoot or who is using any of the following: (1) A means of conveyance propelled by human power other than a bicycle. (2) An electric personnel assistive mobility device as defined in Section 313. (b) "Pedestrian" includes any person who is operating a self-propelled wheelchair, invalid tricycle, or motorized quadricycle and, by reason of physical disability, is o~ unable to move about as a pedestrian, as specified in subdivision (a). (c) The ame~ts made by this section shall become operative on March 1, 2003, and this section shall remain in effect only until January 1, 2008, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date. Section 313 is added to the Vehicle Code, to read: 313. (a) The term "electric personal assistive mobility device" or "EPAMD' means a self-balancing, non-tandem two-wheeled device, that can turn in place, designed to transport only one person, with an electric propulsion system averaging less than 750 watts (1 horsepower), the maximum ~ of which, when powered solely by a propulsion system on a paved level surface, is less than 12.5 miles per hour. (b) This section shall become operative on March 1, 2003 and remain if effect only until January 1, 2008, and as of that date is r~ unless a later enacted statute, that is enacted before January 1, 2008, deletes or extends that date. WalkSacramento 909 - 12~ Street Sacramento, CA 95814 January 28, 2003 The Honorable Heather Fargo Mayor, City of Sacramento 9151 I Street Sacramento, CA 95814 Dear Mayor Fargo: It is our understanding that the City Council is considering banning the operation of Segway scooters on the K Street Mall We urge you to broaden this prohibition, as allowed under recent California legislation, to ban the operation of Segway scooters on all sidewalks within the City of Sacramento. Below are some of the reasons we believe Segway scooters are inherently dangerous to pedestrians and should be banned from all sidewalks. · California legislation (SB 1918) allows Segway scooters to travel up to 12.5 mph on sidewalks. They can travel up to 20 mph. Typical walking speeds on sidewalks are 3 mph. Having a vehicle like the Segway travel 4 times faster than the pedestrian traffic is not safe. · Pedestrians are .not regulated traffic on a sidewalk and do not travel in a straight line. Vehicles moving at up to 12.5 mph should not be mixed with pedestrians.. · The National Safety Council has determined that the average reaction time for an emergency braking situation for a vehicle is ~A of a second. Even at 12 mph, a Segway would travel 13 feet before the operator would initiate braking. The Segway company claims that the scooter could then be stopped in an additional 5 feet, for a total stopping distance of 18 feet. · If the combined mass of the operator plus the Segway itself (83lbs) hit a pedestrian at 12.5 mph it could cause severe and poss~ly fatal injury. Our elderly citizens are at particularly high risk. · Compared with omside ambient noise, Segways travel vinmlly silent. They therefore pose a particular hazard to our blind and visually impak~ citizens. · Segway users are not required to have insurance even though the vehicles they operate are inherently dangerous to pedestrians. · Despite claims of safe operation made by the Segway company, there have been no independent scientific studies on the safety of Segways operating on sidewalks to validate such claims. · There is no practical way to enforce the operation of Segways on our sidewalks. It is too much to expect Sacramento Police to enforce a speed limit or safe operation of these vehicles on sidewalks. It is difficult enough for them to enforce speed limits and safe driving on our roads. Based on the above, we request the Council prepare and pass and Ordinance that will ban the operation of Segway scooters on all City sidewalks. As you may know, the city and county of Sacramento in recent years has had the distinction of being on of the most dangerous places for pedestrians ha the state. The City has recently taken positive steps to make Sacramento more walkable and safer for pedestrians by (1) accelerated implementation of curb cuts; (2) development of new Street Standards; (3) drafting of a Pedestrian Safety Report; and (4) preparation ora Pedestrian Master Plan. We applaud ~ efforts, but feel strongly that allowing Segway scooters to be operated on sidewalks is a significant step backwar in the progress being made. Sincerely, Ron Anderson President Cc: Council rnembem, City of Sacramento Dean Kamen has some awfully impressive accomplis~ts under his belt. The self4aught inventor has made millions on such breakthrough devices as a stent to keep arteries clear and a portable dialysis machine for kidney patients. So will he notch up another win with his latest project, the much-hyped Segway Human Tram~rter? A year after the Segway was unveiled in a flurry of cover stories and network morning show appearances, the scooter finds itself with more detractors than customers. Consumer and health advocated warn of poss~le injuries and rising obesity. City governments worry aborn chaos on their sidewalks. And key execs are heading for the exits. All that before the scooter is even available to oLrr IN THE COLD Workers at businesses and municipalities that have tested the transporters aren't exactly sending in rove reviews, either. "You can't keep warm if you're not walking," says a postal worker in Concord, N.H. "You end up like a frozen Popsicle on a stick." In the latest sign that all is not well with privately held Segway, its president, George Muller, the highly regarded former president of Subaru America, resigned in late December after less than a year on the job. Muller said he left because he decided he didn't want to uproot his fam~ by moving closer to the company's Manchester N.H. headquarters. That may be. But his resignation also can~ right after Vernon R. Loucks Jr., a close friend of Kamen's and former CEO of Baxter International, was named CEO. Says Muller of his next move: 'T like to have the top.job." Muller's departure comes as a blow to the company, which was counting on his automotive sales and marketing expertise to help launch the Segway. And it follows earlier turmoil at the young company. The prior president and three senior marketing execs have quit in the past two years. "I was disappointed that he left," says Kamen of Muller. "He has a lot of experience with dealerships, marketing, and distribution, and sooner or later, the company has to go there. Make that later. Kamen says the planned March launch of sales via Amazon-com remains on track. The online retailer will be the exclusive seller of the scooter, which will retail for $4,950 on the site. The company has no plans as yet to sell the Segway in stores. "Should we sell it h'ke eonsumer products or cars or jet skis or snowmobiles?" says Kamen. "It's not clear, so we're looking at various options. HITTING THE BRAKES Until the company figures that one out, it seems to be placing its hopes on selling to the cash-strapped local governments that have dissed the vehicle as a potential hazard. In December, San Francisco banned it, while Sacramento, Santa Cruz, and other California cities are considering similar action. Some big states, including Massachusetts, New York, and Texas, have yet to make the scooter legal on their sidewalks. And though its top ~ is 12 mph, pending legislation elsewhere would restrict it to 7 mph. Cover stories and morning talk shows put the Segway on the map a year ago. But its chances of becoming the little scooter that could look increasingly iffy. By: Faith Keenan in Boston City Managers Off~ Engineering Department Police Department City Council Board of Supervisors Sheriff- Coroner Department Traml~rtation Segway ~' Print Page 1 of 1 ~CLOSE I S"op ~.x.~lubl',,e L*rn ted-Ilrne 3'fe-' Be one of the first consumers to own the revolutionary Segwaym Human Transporter (HT)--the world's first electric, self-balancing transportation device! Available at _A_mazQ.n.c_0m for a limited time, this is how the general public may purchase a Segway HT i167, our highest performing model. Offer includes training with introductory first ride, limited warranty, price guarantee and more. Visit Amazon com now to urchase~ All purchasers of the Segway HT will receive a unique gift as a part of this exclusive offer. Designed especially for this offer, this collector's print captures the spirit and individuality of the Segway design philosophy. Offer Detail~ · Price: $4950 · Deposit: $495 (non-refundable) · Delivery period: March 1, 2003 to July 31,2003 Important notice: Purchaser (or the person to whom the Segway HT is to be shipped) must attend Segway provided training and completely and carefully review all user materials provided by Segway before using the Segway HT. The Segway HT has not been designed, tested, or approved as a medical device. Riders must be able to step on and off the Segway HT, requiring physical abilities similar to climbing and descending stairs. Copyright © 2001-2003 Segway LLC. All rights reserved. Printed from http://www.segway.com/shop/amazon.html $£GWAY' http'//www segway corn/c i bin/ tint c ~greferer=h o · ' ' g- P · g'. - ttp%3A//www.segway.corn/shop/amaz... 3/13/2003 O O cargo carrying, range and terrain. I I I I I I I I I I I I Every Segway HT has three distinct keys that riders may choose from depending on riding environment and level of experience. The Beginner key [max. speed of 6 mph and slowest turning rate}, allows riders to gain confidence using the machine. The Sidewalk Operation key [max. speed of 8 mph and a medium turning rate}, allows riders to adapt well in pedestrian environments. The Open Environment key [max. speed of 12.5 mph and the most responsive turning rate), allows riders to comfortably cover open spaces. While a Segway HT's optimal range is 15 miles [25 km], accounting for a variety of real-world conditions we expect you'[[ be able to travel about 10 mi[es [10 km] on a single battery charge. Under severe conditions - such as rugged terrain or variable speed - we expect you wi[[ be able to travel about 5 miles [8 km). Under optima[ conditions, however - no wind, flat terrain, and at constant speed - you could travel as far as 15 miles [25 km}. One characteristic of a pedestrian is the ability to turn in place without impacting any nearby person or object, something no vehicle can do. By balancing on a single axle, Segway HT users act no differently than pedestrians. The wheels have the ability to rotate in opposite directions, which enables the machine to turn in place. 0 0 0 In order for Segway HI to be the optima[ local travel solution, it has to have carrying capacity for users, packages, and cargo. 0 0 0 0 We designed Segway HT to take up no more space than the average person. It's no wider than a person's shoulders and raises you only 8 inches off the ground. O O Portability was a key design objective. That is why we made Segway HT light enough to hand[e, small enough to store two in the trunk of a midsize sedan, and coltapsible enough to fit in tight storage spaces. AGENDA SUMMARY ITEM NO. 8c DATE: March 19, 2003 REPORT SUBJECT: REPORT REGARDING A POTENTIAL RACIAL PROFILING INCIDENT AND DEPARTMENT PERCENTAGE OF BILINGUAL EMPLOYEES At the February 19 City Council meeting, concerns were expressed regarding possible racial profiling by the Police Department and the ethnic composition of the department. This report addresses both of these issues. At 7:00 AM on January 1,2003, Officer Ken Lewis received briefing information from Lake County of a stolen 1994 Saturn, license number 4UFD873. At approximately 3:24 PM, Officer Lewis saw a Saturn matching the stolen vehicle description. The vehicle had a Lake County license plate frame and was bearing license number 4UFD660. He remembered the first four digits of the stolen vehicle, and this, coupled with the matching description and license plate frame, lead him to believe this was the stolen vehicle. Officer Lewis stopped the vehicle, and as he did, he soon learned from dispatch that this vehicle was not stolen. Officer Lewis had pulled his sidearm, however he never brandished it or pointed it at anyone. His sidearm was held down behind his leg in a non- threatening manner. His conduct and conversation were captured on the police vehicle's Mobile Audio Visual (MAV) unit, and staff has verified his conduct by personally viewing the tape. Using the California Penal Code as a guide to racial profiling, the Department could not find evidence of racial profiling in Officer Lewis' stop. He used good police work in recalling the stolen vehicle. Once he learned that it wasn't the vehicle, he quickly and professionally advised the driver of the reason for the stop and then released him. Tapes and documentation obtained in our investigation exonerate Officer Lewis of any charge of racial profiling. (continued on page 2) RECOMMENDED ACTION: Accept Departmental Report Regarding Potential Racial Profiling Incident and Percentage of Hispanic Employees. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Dan Walker, Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: Candace Horsley, anager REPORT REGARDING A POTENTIAL RACIAL PROFILING PERCENTAGE OF HISPANIC EMPLOYEES March 19, 2003 Page 2 INCIDENT AND DEPARTMENT The next issue is the number of Spanish-speaking personnel and Hispanic employees within the Police Department. In an attempt to analyze this matter, Staff gathered specific demographics of other law enforcement agencies within the county, as detailed below. The findings indicate the Ukiah Police Department has the highest percentage of Hispanic and bi- lingual personnel of all law enforcement agencies in the county, except for State Parole. State parole has a tremendous pool of employees to draw from throughout the state, which could account for its higher percentage rate. Last November, the Department met with Latino community members, requesting assistance in recruiting bilingual officers. In addition, the personnel department sends recruitment flyers for police officer to seven targeted minority groups in the Ukiah Valley. In all, there are over 20 recipient entities of these advertisements. Each flyer states that bilingual candidates are preferred. Recognizing the ongoing need within the community, the Department staff is meeting to discuss additional methods to recruit bilingual officers. In addition, the City Manager is scheduled to meet with representatives of the Latino Coalition to discuss enhanced services to the Hispanic community. UKIAH POLICE DEPARTMENT Total department employees- 37 Number of Hispanic non-sworn - 2 Number of Hispanic sworn - 1 Number of bi-lingual non-sworn- 1 Number of bi-lingual sworn - 2 Note: In addition to above, the department has two additional sworn who are functional in Spanish, however not fluent. Totals: 3 - Hispanic employees, .08% 3 - Fluent bi-lingual employees, .08% FORT BRAGG POLICE DEPARTMENT Total department employees- 20 Number of Hispanic non-sworn - 0 Number of Hispanic sworn - 1 Number of bi-lingual non-sworn - 0 Number of bi-lingual sworn - 1 Totals: 1 - Hispanic employees, .05% 1 - Fluent bi-lingual employees, .05% WILLITS POLICE DEPARTMENT Total department employees- 24 Number of Hispanic non-sworn - 0 Number of Hispanic sworn - 2 Number of bi-lingual non-sworn - 0 Number of bi-lingual sworn - 1 Totals: 2 - Hispanic employees, .08% 1 - Fluent bi-lingual employees, .04% REPORT REGARDING A POTENTIAL RACIAL PROFILING PERCENTAGE OF HISPANIC EMPLOYEES March 19, 2003 Page 3 INCIDENT AND DEPARTMENT MENDOCINO COUNTY SHERIFF'S DEPARTMENT Total department employees- 165 Number of Hispanic non-sworn - 7 Number of Hispanic sworn - 1 Number of bi-lingual non-sworn - 4 Number of bi-lingual sworn - 2 Totals: 8 - Hispanic employees .05% 6 - Fluent bi-lingual employees .04% MENDOClNO COUNTY DISTRICT ATTORNEYS OFFICE (INVESTIGATIONS UNIT) Total department employees - 7 Number of Hispanic non-sworn - 0 Number of Hispanic sworn - 0 Number of bi-lingual non-sworn - 0 Number of bi-lingual sworn - 0 Totals: 0 - Hispanic employees, 0% 0 - Fluent bi-lingual employees, 0% MENDOCINO COUNTY PROBATION DEPARTMENT Total department employees- 60 Number of Hispanic non-sworn - 2 Number of Hispanic sworn - 1 Number of bi-lingual non-sworn - 2 Number of bi-lingual sworn - 1 Totals: 3 - Hispanic employees, .05% 3 - Fluent bi-lingual employees, .05% CALIFORNIA HIGHWAY PATROL, UKIAH OFFICE Total department employees- 52 Number of Hispanic non-sworn - 1 Number of Hispanic sworn - 1 Number of bi-lingual non-sworn - 0 Number of bi-lingual sworn - 1 Totals: 2 - Hispanic employees .04% 1 - Fluent bi-lingual employees .02% OFFICE OF CALIFORNIA STATE PAROLE, UKIAH OFFICE Total department employees- 10 Number of Hispanic non-sworn - 0 Number of Hispanic sworn - 3 Number of bi-lingual non-sworn - 0 Number of bi-lingual sworn - 3 Totals: 3 - Hispanic employees .3% 3 - Fluent bi-lingual employees .3% mfh:ASRCityCouncil2003 COUNRacialProfiling ITEM NO. 8d DATE: MARCH 19, 2003 AGENDA SUMMARY REPORT SUBJECT: WESTSIDE HILLS FIRE PROTECTION STATUS REPORT The City Council has requested an update of the status of fire protection issues in the western hill areas. Attachment #1 is a written report regarding this matter. Fire Staff will be in attendance at the meeting to provide any discussion the Council desires. RECOMMENDED ACTION: Receive Report Regarding Status Of Westside Hills Area Fire Protection Activities. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Ron Cohn, Interim Fire Chief Candace Horsley, City Manager 1. Westside Hills status Report; 2. Project location map; 3. City of Ukiah zoning regulations for Hillside Lot Size (-H) Districts. APPROVED: ~ Candace Horsley, City ~anager mfh:asrcc03 0319WestHills March 19, 2003 OVERVIEW UKIAH FIRE DEPARTMENT WESTSIDE HILLS STATUS REPORT Development within the Western Hills area has occurred with strong consideration being given to life and property protection issues. Property owners have been made aware of the increased risk involved with living in the area and the increased difficulty delivering Emergency Medical and Fire protection services. This is not to say these services are not available rather that some mitigation measures are necessary to help decrease the risk. These measures may include residential sprinkler systems, water storage and delivery systems, restrictions imposed on construction materials and increased attention to fuel loading and management and landscaping, to name a few. Fire Prevention Education has been a focus as development has occurred. Department personnel have consulted with property owners advising them early on regarding the risk of building in the area and their responsibility and role in reducing that risk as much as possible. Fire personnel at all levels have acquainted themselves with activities in the area and continue to monitor changes. Automatic and mutual aid agreements are in place so that response to incidents within the area occurs within reasonable time and that the type and number of resources assigned are the most appropriate. There have been and will be major intermix zone fires within the area. The primary focus of the Fire Department has been and will continue to be the following: * Educate perspective developers and home owners regarding the fire risk * Ensure that water supply and delivery systems are appropriate *Ensure fire, sprinkler, flow and low water alarms are installed and functional * Ensure that construction materials are as fire resistant as possible *Ensure that access is available for fire and EMS equipment *Provide defensible space to the highest level possible so that firefighters can safely provide protection to life and property *Maintain cooperative relationships with neighboring agencies ensuring the highest level of fire protection resources are available DETAIL Development within this area is generally guided by the provisions of Zoning Article 11 Section 9135 through Section 9139 adopted by Ordinance 793, S 2 in 1982. When issues arise that are not specifically resolved within current zoning regulations, the Use Permit requirement allows the imposition of a provision of the California Fire Code wherein National Fire Protection Association (NFPA) standards can be utilized. The zoning regulation states in part that the purpose of the Section is "to promote fire ... safety". To accomplish this the regulation specifies the following: Minimum set backs are established so that defensible space can be maintained through vegetation management practices. Combustible roofing is specifically prohibited within the area. There are specific water supply and fire hydrant requirements and these requirements are varied due to the slope of the area being developed and water pressure available. There may be some issues with which the regulation is not specific regarding a requirement. The regulation establishes a Use Permit Procedure that allows the Planning Commission to review and approve a project. This process allows the interjection of other recognized standards, such as those of NFPA, to be used to mitigate an issue. The use of these standards provides guidance to a project and establishes continuity from project to project. An example of this is the use of NFPA 299 Standard for Protection of Life and Property from Wildfire which has a provision regarding Roads, Streets and Ways which has been utilized to provide guidance on some projects in the area. The above process provides the means whereby the Fire Department becomes actively engaged in any project within the area. The Fire Marshall and building officials work together during the entire project to ensure that life safety and property protection issues are addressed. Upon notice that a project is being planned the property owner is advised of the risks and hazards that exist in the area. The fire prevention education process begins and hazard reduction measures are identified. Periodic discussions are held with Fire personnel, usually the Fire Marshall, to ensure these subjects are adequately explained. The discussions include actions to take to protect against encroaching wildfire as well as how to prevent wildfires and fires within structures and what to do if fires were to occur. Various publications dealing with these subjects are provided and Fire personnel are available any time to provide advice and education. This is an ongoing activity. To ensure that Fire Department personnel are continuously aware of the status of particular projects, and what these projects encompass, regular visits are made during construction and after occupancy. These visits educate personnel regarding all aspects of providing Fire and EMS services to residents. This education includes access through various types of gates, location of water supply, access to the interior of structures and the degree of defensible space available. Run books and maps are updated as projects go on line. Any constraint regarding the use of a certain resource is noted. Response time is noted so that if additional resources may be required on an incident requests are made soon enough to allow timely arrival. On occasion personnel have actually deployed equipment to determine the constraints a project imposes on the provision of fire and emergency medical services. Automatic and Mutual Aid agreements are in place with neighboring agencies and are activated depending on the type and magnitude of an incident. Any fire which occurs within the area automatically triggers a response from Ukiah Valley Fire Protection District (UVFD). If the incident is large or complex a Zone 2 Mutual Aid 2nd Alarm request initiates a response from the three next closest fire engines and ultimately, if needed, resources from several agencies could be available. If the fire were to occur during any time of year which would cause a threat to State Responsibility Area a standard wildland response would be made by the California Department of Forestry and Fire Protection (CDF) which would include engines, aircraft, hand crews and heavy equipment. In 1995, in cooperation with CDF and UVFD, a project was planned to establish a fuel management program in the West Hills and surrounding area. The original plan was to treat a very large area over a long period of time under the umbrella of CDF's Vegetation Management Program authorized under SB 1704 (Keene). The project included several methods of vegetation removal and the creation of fuel breaks, fire access trails and other fire defense improvements. The project stalled for various reasons. Recently a smaller project was proposed which would create a shaded fuel break in the area just west of the West Hills area. Funding for this project was obtained by CDF through a grant and after a stuttering beginning work started in February of this year. CDF has committed 90 crew days to the project with a completion date of June, 2003. To date all property owners contacted have been very cooperative. What does the future hold. Projects will continue to be monitored and all possible life safety and property protection measures will be put in place. Public education will continue and public cooperation and involvement will be required to meet fire safety standards. Direct involvement by fire personnel and the Fire Marshall will continue. The Hillside Zoning Regulation is undergoing revision and the revised Regulation will soon be ready to introduce. The Planning Department and the Fire Department have worked very closely on the revision. The draft is a very comprehensive document which will serve to be the blue print for fire safety in the West Hills for some time. UKIAH HIGH SCHOOL UKIAH MUNICkOAJ. GOLF COURSE UKIAH MUNICIPAL GOLF COURSE Figure 1 PROJECT LOCATION ~.,~,.~ Uldah Westem Hills Study Area YOKAYO SCHOOL {}9135 ARTICLE 11. CHAPTER 2 ZONING REGULATIONS IN HILLSIDE LOT SIZE (-H) DISTRICTS {}9135 SECTION: §9135: §9136: {}9137: §9138: §9139: Hillside Lot Size or-H Districts - Yard and Building Site Requirements in Designated -H Districts Front Setback Lines Exceptions to Front Setback Lines Hillside Development Standards §9135: HILLSIDE LOT SIZE OR -H DISTRICTS: A Hillside Lot Size (-H) District may be combined with any district or portion of a district defined in this Chapter. The Hillside Lot Size (-H) Districts may be of different designations as indicated by a numerical suffix. The regulations contained in this Article, and the regulations governing any district which is combined with a Hillside Lot Size (-H) District where not inconsistent with the regulations set forth in this Article, shall apply in Hillside Lot Size (-H) Districts. The purpose of this Section is to implement the Hillside designation of the General Plan and provide site standards to promote fire and geologic safety, and aesthetic qualities. The intent of this District is to: A. Encourage concentration of dwellings and other structures by clustering and/or high rise to help save larger areas of open space and preserve the natural terrain; a. Encourage the planning, design, and development of building sites in such a fashion as to provide the maximum in safety and human enjoyment while adapting development to, and taking advantage of, the best use of the natural terrain; 9100 §9135 {}9137 Ce Di Ee Fe e~ Hm Prohibit, insofar as is feasible and reasonable, padding or filling of building sites in the hillside areas; Ensure underground installation of utility wires and television lines; Preserve outstanding natural physical features, such as the highest crest of a hill, natural rock outcroppings, major tree belts, etc; Minimize grading and cut and fill operations consistent with the retention of the natural character of hill areaS; Minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-site and off-site development needs; Achieve land use densities that are in keeping with the General Plan; densities will decrease as the slope of the terrain increases in order to retain the significant natural feature of the hill areas. (Ord. 793, {}2, adopted 1982) {}9136: YARD AND BUILDING SITE REQUIREMENTS IN DESIGNATED -H DISTRICTS: The following yard and building site requirements shall replace those in any district with which any -H District is combined: Combining District .Combination Building Site Area Lot Minimum Yards Required: (Sa. Ft.) Width .Front Side Rear -H-1 8,000 65' -H-2 10,000 75' -H-3 15,000 100' -H-4 1 Acre 125' (Ord. 793, {}2, adopted 1982) 25' 6' 25' 30' One 6' 30' One 14' 35' 15' 35' 35' 15' 35' {}9137: FRONT SETBACK LINES: In Hillside Lot Size (-H) Districts, no building construction shall be permitted or allowed at any distance closer to the street right-of-way line along any adjacent street than the distances set forth in {}9136 for minimum front yards in the particular designated -H District. Corner lots shall be considered as having a front setback on both adjacent street frontages. ('Ord. 793, §2, adopted 1982) 9101 §9138 §9138' §9139 EXCEPTIONS TO FRONT SETBACK LINES: The exceptions to the front setback requirement set forth in §§9020, 9035 and 9050 shall not apply in - H Districts. (Ord. 793, §2, adopted 1982) §9139: HILLSIDE DEVELOPMENT STANDARDS: Any parcel of land or subdivision having an average ground gradient across any portion of the property in excess of fifteen percent (15%) shall require a use permit for development. Specific criteria for density, circulation and lot requirements shall be determined on an individual basis utilizing geologic and soils reports, vegetation surveys and aesthetic evaluation. Minimum lot size in this zone shall be ten thousand (10,000) square feet. A. Minimum Site and Development Standards: 1. Lot size, retention of land in natural state based upon ave. rage slope. Average Parcel Slope in % Minimum Lot Size Percentage of Property Retained in Natural State 15-20 10,000 square feet 50 21-25 20,000 square feet 55 26-30 1 acre 80 31-50 5 acres 95 Over 51 10 acres 100 2. Setbacks: Minimum thirty feet (30') from all property lines, and thirty feet (30') from ridge top or toe of slope for gradient in excess of fifteen percent (15%). 3. Disclosure: Property purchase/sale transaction shall include full disclosure of fact that property is within fire hazard area. 4. Building Material: No combustible roof material as determined by the Fire Marshal and the. Building Official shall be used on buildings in this zone. 5. Water Supply and Fire Hydrants: The following shall be required: a. Slopes of twenty percent and less: Two (2) hours supply with fire flow capability of seven hundred fifty (750) gallons per minute at twenty (20) p.s.i. Fire hydrants maximum three hundred thirty feet (330') apart with six inch (6") main line. b. Slopes in excess of twenty percent: Two (2) hour supply with fire flow capability of five hundred (500) gallons per minute at twenty (20) p.s.i. Fire 9102 §9139 {}9139 A5b) hydrants maximum six hundred sixty feet (660') apart with six inch (6") main line. Be Co 6. Subdivisions: In subdivision developments with full width City streets, proposed fire breaks or other separations from wildland areas may have other requirements based upon. specific design. Use Permit Procedure: Prior to any construction or grading in this district, a use permit shall be approved by the Planning Commission. The application form and process shall be the same as that described in §§9225-9239. Additional information or data may be required as determined necessary by the Director of Planning. The following reports shall be required with each application. Soil Reports: 1. ^ soils engineering report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed. 2. The investigation and subsequent report shall be completed by a professional engineer registered in the State of California, and experienced and knowledgeable in the practice of soils mechanics. 3. Recommendations included in the report and approved by the engineer shall be incorporated into the design plan or specifications. 4. Any area which presents one or more of the following limiting factors shall not be subjected to development unless the engineer can demonstrate conclusively to the Commission that these limitations can be overcome in such a manner as to prevent hazard to life, .hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel and adverse impact on the natural environment. a. Water table within six feet (6') of the surface at any time of the year. b. Soils with a high shrink-swell potential. c. Soils with a unified classification of unstable soil types. 9103 §9139 ,69139 De Ee Geology Reports: 1. A geology report shall include a description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. 2. The investigation and subsequent report shall be completed by a professional geologist registered in the State of California and experienced and knowledgeable in the practice of engineering geology. 3. Any area which the investigation indicates has geological hazards shall not be subjected to development unless the geologist can demonstrate conclusively to the Commission that these hazards can be overcome in such a manner as to prevent hazard to life or limb, hazard to property, adverse e. ffects on the safety, use or stability of a public way or drainage channel, and adverse impact on the natural environment. Subsurface Investigations: For both soil and geologic reports, subsurface investigation shall be performed throughout the area to sufficiently describe the existing conditions. In particular, subsurface investigations shall be conducted where stability will be lessened by proposed grading or filling or where any of the following conditions are discovered or proposed: 1. Fault zones, where past land movement is evidenced by the presence of a fault gorge; 2. Contact zones between two (2) or more geologic formations; 3. Zones of trapped water or high water table; 4. Bodies of intrusive materials; 5. Historic landslides or where the topography is indicative of prehistoric landslides; 6. Adversely sloped bedding plains, short range folding, overturned folds and other geologic formations of similar importance; 7. Locations where a fill slope is to be placed above a cut slope; 9104 §9139 §9139 E) Fe G. 8. Proposed cuts exceeding twenty feet (20') in height, unless in extremely competent rock; 9. Locations of proposed fills exceeding twenty feet (20') in height; 10. Where side hill fills are to be placed on existing slopes steeper than sixteen percent (16%); 11. Wherever groundwater from either the grading project or adjoining properties is likely to substantially reduce the subsurface stability. Hydrology Report: 1. A hydrology report shall Include a description .of the hydrology of the site, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. 2. The investigation and subsequent report shall be completed by a qualified registered professional, experienced and knowledgeable in the science of hydrology and in the techniques of hydrologic investigation. 3. Any area which the investigation indicates has hydrological hazards shall not be subject to development unless the professional can demonstrate conclusively to the Commission that these hazards can be overcome in such a manner as to prevent hazard to life or limb, hazard to property, adverse effects on the safety, use or stability of a public way or drainage channel, and adverse impact on the natural environment. 4. Flood frequency curves shall be provided for the area proposed for development. Vegetation Report: 1. A vegetation report shall include a description of the vegetation environment of the site (species, height, size, general condition, location), conclusions and recommendations regarding the effect of proposed development on the site's vegetation, and opinions and recommendations covering the adequacy of sites to be developed. 2. The investigation and subsequent report shall be completed by a qualified registered professional, experienced and knowledgeable in the science of botany and in the techniques of vegetation investigation. 9105 §9139 G) H. §9139 3. Any area which the investigation indicates has rare or endangered flora species shall not be subjected to development unless the professional can demonstrate conclusively to the Commission that these can be mitigated. Structure Elevations: Views of all sides of proposed structures and perspectives of the proposed development from two (2) different angles. Grading Plan: The grading plan shall include information concerning the existing physical characteristics of the area as well as data on anticipated changes as a result of the grading operation. It will also include a description of the grading process itself which will note times and exact location of proposed earth-moving activities. The plan shall include: 1. An accurate plot plan showing buildings, roads, utilities or other improvements within the area and adjacent thereto. · 2. A map drawn to a scale approved by the Planning Department showing accurate contours at two foot (2') intervals of the topography of the property and the area adjacent within fifteen feet (15'). Elevations to be based on USGS data. 3. Cross-section showing both the original and proposed ground surfaces, with grades, slopes and elevation noted. 4. Detailed plans of all drainage devices, walls, cribbing, dams or other protective devices to be constructed in connection or as part of the proposed work. 5. A map showing the drainage area and estimated runoff of the area served by any drains and proposed methods of runoff disposal. 6. A soil stabilization report including final ground cover, landscaping and erosion control measures to prevent soil loss when the grading is in process. 7. A description of equipment and methods to be employed in processing and disposing of soil and other material that is removed from the grading site, including the location of disposal sites. 8. A schedule showing when each stage of the project will be completed, including estimated starting and completion dates, hours of operation and days of week of operation. 9. Specifications controlling construction methods and materials in construction of the work, including: _o 9106 §9139 19) §9139 a. Provisions for control of grading operations within the construction area and on public roads. b. Safety precautions to be observed and facilities to be provided. c. Compliance with laws and local regulations. d. Control of dust. e. Other related matters. (Ord. 793, §2, adopted 1982) 9107 AGENDA ITEM NO: 8e MEE'F~NG DATE: March 19, 2003 S U t4 f4A RY REPORT SUB3ECT: iii. iv. V, vi, COUNCILf4EI~IBER BALDWIN--DISCUSSION AND POSSIBLE ACTION REGARDING: i. Introduction of ordinance establishing five-member Paths~ Open Space and Creeks Commission Public access at the Fish Hatchery site Western Hills open space acquisition and preservation Diversions from Gibson Creek Establishment of policy to use proceeds from sale of City- owned surplus property for open space acquisition Stream access in the Western Hills Vice-Mayor Baldwin has requested Council discussion and possible action and direction to staff regarding a variety of topics, which are outlined in his letter to the City Councilmembers (Attachment #1). The issues include: the establishment of a Paths, Open Space and Creeks Commission, public access to Fish Hatchery site on Gibson Creek, open space preservation and acquisition, open space acquisition from the sale of surplus City property, and protection of Gibson Creek. Vice-Mayor Baldwin has included a draft ordinance for establishing a new commission. Also attached is a staff-revised ordinance for Council's consideration. RECOMI~IENDED ACTION: Discussion and possible action regarding Vice-Mayor Baldwin's letter. ALTERNATTVE COUNCIL POLICY OPTTONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Vice-Mayor Baldwin Candace Horsley, City Manager N/A 1. March 12, 2003 letter from Vice-Mayor Baldwin 2. Vice-Mayor Baldwin's draft ordinance 3. Staff's revised draft ordinance Approved:.~~ o.~ .~, Candace H[rsley, Ci~ Manager 4:CAN/ASR.Baldwin.31903 March 12, 2003 A, TTACHMENT~_ / Fellow Councilmembers, Ukiah's western hills remain a treasure. Despite distressing recent developments which have made them smaller, these hills, more than ever, merit the attention called for in this City's General Plan. That Plan, Ukiah' s law of the land, recognizes that "preserving the hills on the western side of the Ukiah Valley will provide environmental benefits to the Valley. Additionally, the hillsides are an aesthetic and visual resource fundamental to Ukiah residents and to the tourist industry and they add economic value to property throughout the Valley." Ukiahans looking up to the west, those who walk western Standley street, and those who hiked these hills for decades know well they are in jeopardy and that General Plan objectives for their · preservation have been ignored. We have too often dismissed the document that is to govern the future of land use in Ukiah. We have failed to respond to the Plan's statement of elemental fact we all know - "the hills help establish the identity of Ukiah and the Valley." Since its unanimous adoption in 1995, City Councils have been delinquent in efforts to implement numerous objectives of Ukiah General Plan' s Open Space and Conservation Element, particularly those dedicated to preserving the beauty, accessibility, and critical watershed of our western hills. Among the particulars the City has failed to address are the Plan's clear goal that "before build-out makes it infeasible ... identify and select locations within the hills which would be appropriate sites for public acquisition (to) provide points of connecting access from ridgetop trails into the Valley." (O.C. 10.3 ) Consider the amazing increase in Ukiah traffic in the last five years and assume we will see it become significantly worse, given plans for 500 to 1500 new homes between Lovers Lane and Redwood Valley, with another 400 planned for south of town, not to mention full commercial development of the Brush Street Triangle, Airport Business Park, and North State Street. Consider also the need for redevelopment and hundreds units of affordable housing along the City's railroad corridor, as well as another probable 300 second units in backyards of our single family neighborhoods. Then, consider the legacy this Council will leave our grandchildren and their grandchildren. For all these reasons, let's take concerted action March 19 to realize that unique Open Space vision of the General Plan which will help us compensate for the inevitable negative impacts to Ukiah' s quality life resulting from the relentless pressure for growth, even the most well planned and justifiable. In establishing this new public policy, our Council will leave not only a more crowded Ukiah, but one whose western hills remain attractive, spiritually renewing, accessible to hikers, and a vital source of healthy underground water. Effective implementation of these new priorities will be achieved only by respecting private property fights while working closely with the Inland Mendocino Land Trust and interested property owners. And so I propose the Council take the following actions March 19. 1. Establish by ordinance a five member Paths, Open Space, and Creeks Commission. . . . . o Direct staff to develop at least two detailed options for guided tours or limited public access by permit to the City owned Fish Hatchery Site located in Gibson Creek Canyon. For report back to the Council at its first meeting in June of this year. Direct staff to make western hills open space acquisition and preservation a top priority for City grant applications and State Park bond funding proposals. Direct staff to determine the number, location, origin, and State permits for all diversions of water from Gibson Creek and any other year round western hills creek running into our City limits. As an example, year round Gibson Creek goes underground (beginning between Standley and Spring Streets) some seven months yearly. Because the City operates several vital wells drawing from Ukiah' s underground aquifer, this City Council must strive to protect Ukiah's groundwater recharging capacity. This study will help this body assure that protection. For report back at the first Council meeting in June. Establish that the policy of this Council is to place a minimum of 30% of the proceeds from the sale of City owned surplus property into the City's Open Space Acquisition and Preservation Fund. Direct staff to research the significance of prescriptive rights, implied dedication, and year round stream access according to State law and in relation to a long Ukiah history of citizen walks in the western hills. For report back at the first Council meeting in June. Sincerely, Phil Baldwin Additional selected relevant sections of the City General Plan Open Space and Conservation element: *provide information to people interested in learning about how undeveloped lands can be acquired as a means of preserving opens space. (OC.i.1) * support the formation of a nonprofit private Land Conservation Trust and ... facilitate acquisition of open space by the Land Conservation Trust (OC.2.1) * amend the L.D.C. to incorporate incentives, such as density bonuses, for cluster housing to conserve critical natural habitat (OC.3.1) * encourage participation of organizations established for purposes of open space conservancy (OC.4.1) * support efforts of appropriate agencies to ensure instream water flows adequate to maintain and protect historic fisheries in the streams and creeks of the Planning Area (OC. 9.2) * develop a review and comment procedure ... which ensures that all public and private projects in or adjacent to a City stream or creek are designed and approved in a manner which preserves and enhances fish habitat, riparian vegetation, and the natural water course (OC.9.2) * develop pedestrian access along creeks flowing through the City (OC.9.4) * develop pocket parks along creek channels on public lands were feasible (OC.9.4) * prepare a "Habitat Conservation Plan" for conservation of hillside environment (OC. 10) * roads and structures shall be designed and sited to conserve or avoid damage to natural hillside resources where feasible (OC. 10.2) * site and design development to minimize impacts on views from the Valley (OC. 10.2) * before build-out makes it infeasible within the Planning Area and City, identify appropriate areas for trails along the ridge line that can be connected to trails in the Valley (OC. 10.3) * provide points of connecting access from the ridgetop trails into the Valley in any plans or programs for trail development (OC.10.3) * lands designated for conservation shall be developed with onsite density transfer provisions such as cluster housing (OC. 11.1) * when new residential development is proposed in the hills, provide incentives to encourage cluster development as a means of maintaining and enhancing natural areas and public hiking access (OC 11.2) * adopt grading regulations for purposes of reducing erosion and sedimentation (OC. 15.1) * maintain, protect, and replenish stands of Valley Oaks (OC.22.1) Selected relevant sections from the General Plan's Circulation and Transportation element: * new development and Redevelopment projects shall specifically include plans for pedestrian facilities, bike lanes (CT.3.1) * help prevent unacceptable pollution levels by developing a system to evaluate alternative transportation infrastructure needs (CT.5.2) * develop a safe and integrated circulation system of routes for bicycle transportation (CT.6.1) * provide bicycle lanes or paths along major streets (CT.6.3) * walkways shall be integrated and designed to provide direct access between areas (CT.7.1) * ATTACHMEN '~'_.~., ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER ARTICLE SECTION OF THE MUNICIPAL CODE TO BE ENTITLED PATHS, OPEN SPACE, AND CREEKS COMMISSION The City Council of Ukiah hereby ordains as follows: Chapter/Article/Section __ is hearby amended as follows: The Paths, Open Space, and Creeks Commission of the City of Ukiah is established to provide research and advice to the City Council for the efficient implementation of the Open Space and Conservation Element of the Ukiah General Plan as well as pathway sections of the Transportation Element. Additionally, this Commission will provide advice on procedure and funding mechanisms for acquisition, preservation and effective stewardship of City paths, open space and creeks. Effective said Commission shall consist of five members. Each City Councilmember shall appoint one Commissioner to serve a concurrent term with that appointing Councilmember. This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. This Ordinance shall become effective thirty days after adoption. Introduced by title only on March 19, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATFEST: Marie Ulvila, City Clerk ORDINANCE NO. ATTACHMENT ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING DIVISION 1, CHAPTER 4, ARTICLE lB, SECTIONS 1020-1025 OF THE UKIAH MUNICIPAL CODE CREATING THE PATHS, OPEN SPACE, AND CREEKS COMMISSION The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections 1020-1025 are added to the Ukiah Municipal Code to read as follows: {}1020: CREATION: There is hereby created a Paths, Open Space, And Creeks Commission. This advisory body shall report to the City Council. {}1021' MEMBERSHIP; APPOINTMENT: The Paths, Open Space, and Creeks Commission shall consist of five members. Each City Councilmember shall appoint one Commissioner to serve a concurrent term with that appointing Councilmember. §1022:TERM OF OFFICE; VACANCIES: Appointments to the Commission shall be for a term concurrent with the appointing Councilmember. Appointments to fill vacancies during a term of office shall be filled by the Councilmember whose appointee has vacated the position. §1023:DUTIES AND POWERS OF THE COMMISSION: The Paths, Open Space, and Creeks Commission shall have the power and duty to recommend and advise regarding: Ao Efficient implementation of the Open Space and Conservation Element of the Ukiah General Plan. Bo Efficient implementation of the pathway sections of the Transportation Element of the Ukiah General Plan. Co Procedure and funding mechanisms for acquisition, preservation, and effective stewardship of City paths, open space, and creeks. §1024:EXPENSES OF MEMBERS; NO COMPENSATION: The members of the Paths, Open Space, and Creeks Commission shall receive no compensation, except such traveling expenses as are authorized by law. Ordinance No. Page 1 of 2 §1025:CHAIRPERSON; OFFICERS' The Paths, Open Space, and Creeks Commission shall elect a chairperson from among its members for a term of one year and may elect such other officers as it may determine. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on March 19, 2003, by the following roll call vote: AYES: NOES: ABSENT: Adopted on April 2, 2003, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Marie Ulvila, City Clerk Eric Larson, Mayor Ordinance No. Page 2 of 2 ITEM NO. 8 f DATE: March 19, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION OF INTENTION FOR THE MISCELLANEOUS PERS COVERAGE GROUP TO AMEND THE PERS RETIREMENT CONTRACT On October 22, 2002 the City Council approved Addendums to the MOUs governing those bargaining units covered by the Public Employee Retirement System (PERS) Miscellaneous Coverage Group, authorizing the amendment to the PERS Contract in October 2003 to the 2.7% at 55 retirement benefit (Resolution 2003-08). This proposed amendment was negotiated in such a manner that the cost for this benefit is being paid for by the employees from cost of living increases, rather than an additional percentage being added to the City for this cost. The amendment cost averaged over 20 years is 8.228% and will be paid for by active miscellaneous employees over the next three years in accordance with the payment schedule agreed to in their respective MOU Addendums (see attachment #2). In accordance with PERS regulations, disclosure of the cost for adoption of the plan amendment is as follows: o Change in the Present Value of Benefits (value of current benefits) $3,476,178 Change in the Accrued Liability (value of new benefits) $2,254,791 Change in the Total Employer Rate (2003-2004) 3.264% (Continued on Page 2) RECOMMENDED ACTION: Adopt Resolution of Intention approving the amendment to the PERS Miscellaneous Contract for the 2.7% at 55 Retirement Benefit. ALTERNATIVE COUNCIL POLICY OPTIONS: ! Do not adopt resolution. Refer to Staff for amendments. Requested by: PERS Miscellaneous Coverage Group Bargaining Units Prepared by: Melody Harris, Personnel Officer Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution of Intention to Amend PERS Contract 2. MOU Employee Payment Schedule for 2.7% @ 55 3. R,~_,s~lution 2003-08 APPROVED: "~--~'~.~ L Candace Horsley, CityX~anager 3:MOU~,SR2.7Resoflnt ADOPTION OF RESOLUTION OF INTENTION FOR THE MISCELLANEOUS PERS COVERAGE GROUP TO AMEND THE PERS RETIREMENT CONTRACT Page Two Adoption of the Resolution of Intention by Council will authorize the PERS-required secret ballot election of active employees affected by the contract amendment, to approve the mandatory increase in the employee PERS contribution from 7% to 8% when the amendment becomes effective. The contract cannot be amended if a 51% majority of the affected members vote to disapprove the proposed plan. Staff requests adoption of the Resolution of Intention approving the proposed amendment to the Miscellaneous Coverage Group PERS Contract for the 2.7% at 55 retirement benefit. ~.TTACHMENT__L._~, RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF UKIAH WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354.5 (2.7% @ 55 Full and Modified formula) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Presiding Officer Date adopted and approved Title (Amendment) CON-302 (Rev. 4/96) Miscellaneous Coverage Group Agreed Upon Payment Schedule 2.7% @ 55 Contract Amendment ~TTACHMEN'[ ~ MOU Contract Year Start Date Employee Payroll Employee Deduction Contribution 2002 October 1,2002 3.50% 2003 October 1,2003 2.25% 1% (Upon contract amendment) 2004 October 2004 2.473% TOTAL COST TO IMPLEMENT BENEFIT 8.228% 1% ATTACHMENT~ RESOLUTION NO. 2003-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE ADDENDA TO THE MEMORANDA OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD, MANAGEMENT, MISCELLANEOUS, AND ELECTRIC UNITS WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Department Head, Management, Miscellaneous, and Electric Units; and WHEREAS, an Addendum has been reviewed and approved by each of these Units; and WHEREAS, said Addenda have been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Addenda for the Department Head, Management, Miscellaneous, and Electric Units are hereby adopted and the Employee/Employer Relations Officer authorized to enter into the Addenda to the current Memoranda of Understanding. PASSED AND ADOPTED this 2nd day of October, 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. None. Councilmember Libby. None. Marie Ulvila, City Clerk City of Ukiah, California Certified To Be A True and Exact Copy Marie Ulvlla, City Clerk ITEM NO. DATE: 8§ M~rch 19_ 2003 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF CITY REPRESENTATIVES AND APPROVAL OF MEETING IN WASHINGTON D.C. TO PRESENT CITY OF UKIAH WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT WHITE PAPER TO CONGRESSIONAL REPRESENTATIVE AND SENATORS TO SECURE GRANT FUNDING Chris Rissetto of Reed Smith, Brown and Caldwell's subconsultant, has begun the process of obtaining alternative funding for the City of Ukiah's Wastewater Treatment Plant (WWTP) Improvement Project. The grant request form from Congressman Thompson's office was completed and submitted on February 28, 2003. For fiscal year (FY) 2004, $2.2 million in federal funding was requested from the U. S. Environmental Protection Agency's State and Tribal Assistance Grant Program (STAG). The White Paper for the WWTP Improvement Project will be submitted to the offices of Congressman Thompson and Senators Boxer and Feinstein by March 17, 2003. The purpose of the White Paper is to describe the project and explain why Ukiah is requesting funding for the project and obtain a spot on the funding list. During the meeting with Mr. Rissetto regarding securing alternative funding sources for the WWTP Improvement Project, he emphasized the importance of representatives from the City presenting the White Paper in person to our Congressional Representative and Senators. (Continued on page 2) RECOMMENDED ACTION: Select Representatives And Authorize Meeting In Washington, D.C. To Present WWTP Improvement Project White Paper To Congress Representative And Senators. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject proposal and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl Barnes, Director of Public Utilities Ann Burck, Administrative Analyst Candace Horsley, City Manager 1. List of FY 2003 California Recipients of STAG Funds Candace Horsley, ~'~% Manager There are no guarantees that a given project will be funded; however, the more compelling the request, the more likely a grant will be awarded. Typically, only one out of fifteen requests receives funding. The key to obtaining funding is to be in the top three requests. For FY 2003, the City of Willits received $315,000, the City of Redding received $450,000, the City of Eureka received $450,000, Lake County received $450,000, Sonoma County received $225,000, and Marin County received $225,000 from STAG funds. A complete list of the projects that received funding from STAG for FY 2003 is attached. In the first week of February, the President submitted his FY 2004 budget proposal to Congress. At this time, the 13 subcommittees of House and Senate Appropriations Committee will begin to hold public hearings to receive testimony from the various heads of the federal agencies regarding the President's budget proposal. Most appropriations subcommittees require that Members of Congress submit their individual request letters by the end of March. It is important to brief selected Members of Congress and their staff so they will be able to include priority projects in their request letters to the various subcommittees. According to Mr. Rissetto, for the City of Ukiah to receive consideration for STAG funds for FY 2004, City representatives need to present the White Paper no later than April 10th. Reed Smith believes that the "mix" of City representatives best able to discuss the City, the technical details of the project, the background need for the project, and importantly, economic and related issues should attend. It is also important that elected officials attend, as they resonate most importantly to the Members of Congress and their staffs. The group of City representatives could include: the Mayor, City Manager, Director of Public Utilities (or Project Manager), and at least one City Councilmember. The group should be limited to no more than five, and probably four would be better, since Congressional offices are small and not equipped to handle large groups. Travel costs are estimated at: Per Person 1. Roundtrip airfare from Sacramento to Washington, D.C. 2. Hotel accommodations per night 3. Per diem Expenses $ 311.00 $ 70.00 $ 45.00 Rental Car (per day) $ 60.00 If four people attend, depart on a Monday and return on a Thursday, the costs are: 1. Airfare: $ 311.00 x 4 persons = $1,244.00 2. Hotel: $ 70.00 x4 personsx 3 nights = $ 840.00 3. Per diem: $ 45.00 x 4 persons x 4 days = $ 720.00 4. Rental Car: $ 60.00x3days= $ 180.00 Estimate of Total Cost for 4 persons $ 2,984.00 If the City were to be awarded the entire grant request for FY 2004, an investment of $ 2,984 for travel expenses would realize a return of over 73,627% in grant funds. ATTACHMENt._/_ .... THE CALIFORNIA INSTITUTE FOR FEDERAL POLICY RESEARCH 419 New Jersey Avenue, SE, Washington, D.C. 20003 202-546-3700 Fax: 202-546-2390 E-mail: ransdell~calinst.org Web: http://www.calinst.org SPECIAL REPORT: Omnibus Appropriations Report for FY200 3 and Implications -- February 27, 2003 Conference California On February 12, 2003, congressional negotiators agreed to a $397.4 billion FY03 Omnibus Appropriations Conference Report, H.J. Res. 2, which incorporates the eleven unfinished appropriations measures for non-military domestic spending into one package. Aiter four months passing temporary stop-gap spending measures to maintain government operations, the House passed the bill on February 13 by a vote of 338-83, after the Motion to Recommit failed by a largely party line vote of 193- 226. The Senate passed the Conference Report on February 14. The final funding level is about $11.5 billion more than the $385.9 billion limit the White House had imposed on Congress. In order to offset additional spending for education and other programs, the bill includes a 0.65 percent across-the-board spending cut. However, Head Start, the Space Shuttle program, VA medical care, and the Women Infants and Children's (WIC) program are exempted from the cut. The following updates the preliminary analysis that the California Institute prepared on February 13, (See, Bulletin. Vol. 10. No. 3 (2/13/03), and summarizes some of the major provisions in the bill of particular concem to California. It represents a quick analysis of the Omnibus bill from a California perspective as prepared by the California Institute. We apologize for any errors or omissions in our discussion of these documents, and would appreciate any input/feedback on how to make improving corrections. The ordering of items does not mean to imply any relative importance. This appropriations analysis is available on the California Institute web site at http://www.calinst.org/pubs/onm03c.hun and a printable version in Adobe Acrobat Cpdf') format is available at http://www.calinst.org/pubs/olnn03c.pdf. COMMERCE-JUSTICE-STATE APPROPRIATIONS CONTENTS: Department of Justice ................. 2 Department of Commeme .............. 3 Department of the interior .............. 4 Army Corps of Engineers .............. 6 Department of Energy ................. 8 Department of Labor .................. 8 Department of Health and Human Services Department of Education ............. 12 Department of Transportation ......... 15 Department of Agriculture ........... 20 Department of Veteran Affairs ........ 22 Department of Housing and Urban Development ................... 22 National Aeronautics and Space Administration ................. 25 National Science Foundation .......... 26 Environmental Protection Agency ...... 27 Institute of Museum and Library Services Federal Emergency Management Administration ................. 29 General Services Adminiswation ....... 29 Spending for the Departments of Commerce, Justice, and State are basically held at FY02 levels. Total funding for discretionary spending is set at $41.3 billion, compared to $41.4 billion in FY02 and the President's request of $41.8 billion. California Institute Appropriations Special Report - FY2003 Omnibus Conference Report - February 27, 2003, Page 28 Science and Technology and Environmental Management and Programs The agreement provides $720,261,000 in funding for reseamh and development activities, and $2.1 billion for environmental programs and management. The total appropriated for Science and Technology includes the following earmarks: -$450,000 for the city of San Bernardino/San Bemardino Valley Metropolitan Water District for the Lakes and Streams project -$675,000 for the University of California, Riverside for continued research of advanced vehicle design, advanced transportation systems, vehicle emissions, and atmospheric pollution at the CE-CERT facility -$450,000 for the Monterey County, California Water Resources Association for planning activities for the Salinas Valley Water Project -$1.8 million for the Intemational Center for Water Technology at California State University, Fresno -$900,000 for the Central California Air Quality Study conducted by the Central California Air Quality Coalition -$720,000 for the Contra Costa Water District for applied research studies related to the water quality and water treatment challenges facing Bay Delta water users -$450,000 for the City of Glendale for research and development of technology for the removal of Chromium 6 from water The total appropriated for Environmental Management and Programs includes the following earmarks: -$450,000 for the San Joaquin River Resource Management Coalition of California -$225,000 to establish a Santa Ana River Watershed Research and Training Program at the Water Resources Institute of California State University, San Bemardino -$270,000 for the Sacramento River Toxic Pollutant Control Program and Sacramento River Watershed Program -$450,000 for the Gateway Cities Council of Governments, California pilot program to reduce diesel emissions State and Tribal Assistance Grants The report appropriates $3.9 billion in funding for state and tribal assistance grants, which includes $75 million in available loans to municipal, inter-municipal, interstate, or state agencies or nonprofit entities for projects that provide treatment for or that minimize sewage or storm water discharges using one or more approaches. Of the total: -$50 million is appropriated for the United States-Mexico Border program -$90.5 million for a new Brownfields grant program -$1.2 billion is provided for categorical grants to the states and tribes, including $50 million for Brownfields categorical grants Specifically, the total includes the following targeted earmarks: -$675,000 for the Mission Springs Water District for groundwater protection and water infrastructure improvements -$675,000 to the City of Murrieta for wastewater infrastructure improvements -$900,000 to the City of Newport Beach for the Big Canyon Reservoir Cover Project -$630,000 to the Irvine Ranch Water District of Irvine for improvement of the San Diego Creek Watershed Natural Treatment System -$630,000 to the City of Laguna Beach for wastewater infrastructure improvements -$1,710,000 to the Olivenhain Municipal Water District in Encinitas for water infrastructure improvements -$1,800,000 to the Placer Nevada Wastewater Authority for wastewater infrastructure improvements in Placer County, California -$1,350,000 for water infrasmaeture improvements for the Cities of Arcadia and Sierra Madre California Institute Appropriations Special Report - FY2003 Omnibus Conference Report - February 27, 2003, Page 29 -$450,000 to the Metropolitan Water District of Southern California for the Desalination Research and Innovation Partnership -$540,000 to Ventura County for water and wastewater infrastructure improvements related to the completion and implementation of the Calleguas Creek Watershed Management Plan -$450,000 to the United Water Conservation District of Ventura County for the Oxnard Plain Groundwater Recharge project -$225,000 to the County of Ventura for wastewater infrastructure needs for E1 Rio -$315,000 to the City of E1 Segundo for sanitary sewer overflow infrastmcture improvements -$450,000 to the City of Redding for water and wastewater infrastructure improvements for the Redding Stillwater Industrial Park -$450,000 for stormwater pollution mitigation improvements and infrastructure in Los Angeles County -$247,500 for the City of Oceanside for infrastructure improvements to the Mission San Luis Rey Waterline -$450,000 to the City of Brisbane for wastewater infrastructure improvements -$90,000 for the Mojave Water Agency for design and construction of a pipeline and facilities to supply supplemental water to the Mojave River Middle Basin Transition Zone -$270,000 for the continuation of water infrastructure improvements in Twentynine Palms -$225,000 for the Warren Valley Basin Recharge/Reuse project in Yucca Valley -$90,000 for the Lower Owens River Project in Inyo County -$90,000 for the continuation of water infrastructure improvements in the Yucaipa Valley Water District in Yucaipa -$90,000 for the development of a water master plan to serve the water infrastructure needs of the City of Hesperia -$90,000 for planning and design of a sewage treatment and water reclamation facility in Apple Valley -$45,000 for Basin Water to conduct a national demonstration project for Highly Efficient / Minimum Waste Ion Exchange Treatment of Potable Water Supplies in Southern California -$900,000 to the City of Sacramento for the Combined Sewer System Improvement and Rehabilitation project -$675,000 to the City of Compton for water infrastructure improvements -$225,000 to the City of Chino Hills for stormwater infrastructure improvements for the intersection of Eucalyptus and Peyton Drive -$225,000 to the City of Brea for wastewater and stormwater infrastructure improvements -$225,000 to the City of Norwalk for drinking water infrastructure construction and improvements for the Norwalk Reservoir Project -$900,000 to the City and County of San Francisco for water and wastewater infrastructure improvements for the Hunters Point Naval Shipyard -$450,000 to the City of Ripon for water infrastructure improvements to assist in the removal of arsenic from drinking water -$315,000 to Madera County, California Resource Management Agency for wastewater infrastructure improvements in Oakhurst -$900,000 to the City of Huntington Beach for stormwater and sanitary sewer infrastructure improvements -$225,000 to the City of Garden Grove for stormwater infrastructure improvements -$450,000 to the City of Glendale working in conjunction with the Utah State University in Logan, Utah, the University of Colorado in Boulder, and UCLA for a research study and pilot treatment plant focused on the removal of chromium 6 from drinking water -$315,000 to the City of Willits for wastewater infrastructure improvements and wetlands mitigation -$225,000 to Sonoma County for wastewater infrastructure improvements for the Canon Manor community -$225,000 to Marin County for wastewater infrastructure improvements for Tomales Bay -$225,000 to the City of Cudahy for wastewater and sewer infrastructure improvements California Institute Appropriations Special Report - FY2003 Omnibus Conference Report - February 27, 2003, Page 30 -$225,000 to the City of Maywood for wastewater and sewer infrastructure improvements -$405,000 to the Tuolumne Utility District for the canal optimization study -$450,000 for the City of Whittier for water and sewer infrastructure improvements -$450,000 for the City of Eureka for the Martin Slough Interceptor project -$450,000 for Lake County for the Clear Lake Basin 2000 project INSTITUTE OF MUSEUM AND LIBRARY SERVICES The conference report includes $245.5 million in funding for libraries, higher than the House or Senate numbers, and it adds various earmarks, including $500,000 to the Asian Art Museum in San Francisco for exhibits and education programs; $250,000 to the Bowers Museum in the City of Santa Ana for education programs, publications and technology; $275,000 to the California State University, San Marcos to upgrade its electronic catalog and to provide computer stations for the library; $100,000 to the Children's Museum of Stockton for a Delta Region Exhibit; $900,000 to the Fresno Metropolitan Museum of Art, History and Science for technology, exhibits, educational and outreach programs, and to develop a science-based exhibition and learning center; $62,000 to the Glendale Public Library for personnel, equipment and other expenses to implement the Homework AssisTeens program; $200,000 to the Hesperia Community Library to purchase library materials and upgrade technology; $300,000 to the Monterey County Youth Museum for interactive mobile exhibits and educational programs; $75,000 to the Natural History Museum of Los Angeles for its 'Earth Odyssey' environmental science program; $200,000 to the Orangevale Library in Sacramento for evaluation and analysis of existing library service, program and facilities; $500,000 to the San Bemardino County Museum to develop the Inland Empire Archival Heritage Center and Web Module; $100,000 to the Simon Wiesenthal Center's Los Angeles Museum for Tolerance for the Tools for Tolerance for Educators program to provide teacher mining in diversity, tolerance and cooperation; $300,000 to the Whittier Public Library to establish a children's homework center and family literacy center; and $100,000 to the Zimmer Children's Museum of the Jewish Community Centers of Greater Los Angeles for expansion of the YouThink program. FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION The report provides appropriates $800 million for disaster relief, instead of the $1.82 million proposed by the House and the $842.8 million proposed by the Senate. For emergency management planning and assistance, the agreement provides $388.3 million, instead of $367 million as proposed by the House and $1.6 billion as proposed by the Senate. The conference report includes language stating that "the funds made available [in a previous year's appropriations bill] for a pilot project of seismic retrofit technology at California State University, San Bernardino, are reduced to $3,559,500, the funds made available under this heading in Public Law 106-74 for a pilot project of seismic retrofit technology at California State University, San Bernardino, are reduced to $0, and that the funds made available as a result of this action shall be used to mitigate fire danger in the area of the San Bemardino National Forest due to bark beetle infestation." Further administrative language states, "FEMA is hereby directed to recognize that a hospital building has met the 'immediate occupancy' requirements of the Seismic Hazard Mitigation Program for Hospitals (SHMPH) if such building is approved by California's Office of Statewide Health Planning and Development (OSHPD) for occupancy until 2030 or beyond under the Alfred E. Alquist Hospital Facilities Seismic Safety Act of 1983 now in effect." GENERAL SERVICES ADMINISTRATION The conference report provides $23.9 million for new construction of a United States Courthouse Annex in San Diego. UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE March 19, 2003 8:00 P.M.* 1. ROLL CALL 1 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. t w 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. Adjourned Regular Meeting of February 19, 2003 5. NEW BUSINESS a. Redevelopment Low and Moderate Income Housing 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. MEMO Agenda Item: 4a TO: Honorable Chairman and Commissioners FROM: City Clerk Marie Ulvila '~//~-~' SUBJECT: Ukiah Redevelopment Agency Minutes: February 19, 2003 DATE: March 14, 2003 The Draft Minutes of the February 19, 2003 City Council meeting will be delivered to Council for review on Monday, March 17, 2003. Memos: CC031903 - minutes ura ITEM NO. _sa DATE: MARCH 19, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: REDEVELOPMENT LOW AND MODERATE INCOME HOUSING PROGRAM This report provides a brief history and discussion of the Ukiah Redevelopment Agency housing program. A significant element of redevelopment law is the fact that agencies must setaside 20% of the tax increment revenue for use in developing housing for Iow and moderate income persons. Low and moderate income is defined as family income below 120% of the county median (attachment #1 lists the current limits for Mendocino County). In 1989 when the Redevelopment Plan was being prepared and Agency activities being defined, there was no specific housing project or program conceived to be funded by this setaside. It was determined that a committee (Low and Moderate Income Housing Advisory Committee) of housing providers and interested organizations would serve to provide recommendations to the Agency for the use of the setaside funds. After substantial consideration, the Committee recommended that an annual competition be established to distribute the available funding to existing local providers of housing for various projects or programs thereby eliminating the necessity of adding staff and creating large administrative costs to put the funds to work. The process has grown to a semi-annual disbursement which the Committee and a single staff person still oversee. Since its inception, the Redevelopment Agency has allocated more than $2,141,000 in loans and grants to local agencies and individuals to preserve and construct living units, assist homeless prevention, and rehabilitate houses. Six entities and five individuals have received these funds (Attachment #2 details the amounts and recipients of the funding to date). It should be noted that this distribution represents 65% of the total tax increment setaside for housing. Pursuant to agreements executed in conjunction with the redevelopment plan adoption, the County of Mendocino and Mendocino College receive 25% and 10% of the housing increment respectively. Their funds must be expended within the City limits and thus local benefit is maintained. (continued on page 2) RECOMMENDED ACTION: Receive report regarding Redevelopment Housing program. ALTERNATIVE AGENCY POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, Executive Director Prepared by: Michael F. Harris, Deputy Redevelopment Director~~~LJ)~ Coordinated with: Candace Horsley, Executive Director Attachments: 1. Low and moderate income limits for Mendocino County as presented by California State Housing and Community Development Department, page 1. 2. History of Ukiah Redevelopment allocations, pages 2-3. APPROVED:~ ive Director Candace Horsley, REDEVELOPMENT LOW AND MODERATE INCOME HOUSING PROGRAM MARCH 19, 2003 Page 2 The types of projects and programs for which redevelopment funds have been expended are numerous. They are: "Self-help" single family new construction: Several projects sponsored by Rural Communities Housing Development Corporation (RCHDC) have been assisted through "silent second" mortgages and infrastructure funding. These projects require Iow and moderate income families to put in 40 hours per week of "sweat equity" work to build their own single family home. Once built, the family is the homeowner with all the rights and privileges accorded there to. The Agency participated in the Olga Place and Creekside projects assisting 26 new units. Other new construction: Redevelopment funds have been utilized for engineering, surveying, financial and environmental analysis, land purchase, infrastructure placement, and structure construction for many projects. Habitat for Humanity constructed a duplex; the property was purchased with redevelopment funds. Community Development Commission of Mendocino County (CDC) has built seven apartment units in conjunction with the College and four duplexes. It is also preparing to complete another two duplex units. RCHDC has constructed a total of 56 new apartment units for senior citizens and chronically mentally ill persons. Ford Street Project is pursuing a permanent homeless shelter, to which considerable funding has been allocated. Ford Street is also developing six new units adjacent to its complex. Preservation of "At Risk" units: In the 1970s and 80s many targeted income apartment units were constructed in the City with the use of State and Federal tax credits. The requirement that those units remain available for Iow and moderate income persons runs for 20 years then the units may be converted to market rate, termed "at risk" in housing parlance. In an effort to preserve some of these units, redevelopment funds assisted RCHDC to purchase two projects with a total of 112 units and retain them in the affordability pool. Rehabilitation: Three homes have been rehabilitated with new roofs and two loans have been made for individual home repair. Approximately $40,000 of redevelopment funds has been allocated to North Coast Energy Services to be used for Iow interest home rehabilitation loans. Several Ford Street Project rooms have been rehabilitated as well as major rehab for an old motel converted to transitional housing (22 units). Presently the Committee is addressing the details of the rehabilitation program recently identified as a priority by the Agency. Homeless programs: Redevelopment funds were used for the local grant match to complete the Homeless Study in the early 1990s and have been a consistent component of the annual winter homeless shelter operations. Redevelopment continues to fund a portion of the vouchers meeting daily "emergency" housing needs identified by the Ukiah Community Center (UCC). UCC also uses redevelopment funding for the "Homeless Prevention Client Loan Fund" program. These funds are "loaned" to income eligible families and individuals to avoid eviction situations or secure a new living unit. Staff and the Low and Moderate Income Housing Advisory Committee continue to seek effective and efficient methods to address the community's housing issues with the available resources. The Redevelopment Agency's implementation of these recommendations has provided a broad based program to improve our neighborhoods and meet redevelopment housing goals. mfh:ASRRedevelopmentAgency 0319ProgramUpdate 6932 INCOME LIMITS COUNTY JANUARY, 2002 NUMBER OF PERSONS IN FAMILY STANDARD 1 2 3 4 5 6 7 8 LOS ANGELES Area median: $55,100 MADERA Area median: $4O,3OO MARIN Area median: $86,100 MARIPOSA Area median: $42,9OO MENDOCINO Area median: $41,5OO MERCED Area median: $39,4OO MODOC Area median: $39,2OO MONO Area median: $46,OOO MONTEREY Area median: $53,800 Very Iow ~ncome Lower income Median ~ncome Moderate ~ncome Very Iow ~ncome Lower income Median income Moderate ~ncome Very Iow ~ncome Lower income Median ~ncome Moderate ~ncome Very Iow ~ncome Lower ~ncome Median ~ncome Moderate income Very Iow ~ncome Lower income Median ~ncome Moderate ~ncome Very Iow ~ncome Lower income Median income Moderate ~ncome Very Iow ~ncome Lower income Median ~ncome Moderate ~ncome Very Iow income Lower income Median ~ncome Moderate income Very Iow income Lower income Median ~ncome Moderate income 19300 22050 24800 27550 29750 31950 34150 36350 30850 35250 39650 44100 47600 51150 54650 58200 38550 44100 49600 55100 59500 63900 68300 72750 46250 52900 59500 66100 71400 76700 81950 87250 14100 16100 18150 20150 21750 23350 25000 26600 22550 25800 29000 32250 34800 37400 40000 42550 28200 32250 36250 40300 43500 46750 49950 53200 33850 38700 43500 48350 52200 56100 59950 63800 35650 40700 57000 65150 60250 68900 7230O 82650 45800 50900 54950 73300 81450 87950 77500 86100 93000 92950 103300 111550 59050 63100 67200 94450 101000 107500 99900 106750 113650 119850 128100 136350 15000 17150 19300 21450 23150 24900 26600 28300 24000 27450 30900 34300 37050 39800 42550 45300 30050 34300 38600 42900 46350 49750 53200 56650 36050 41200 46350 51500 55600 59750 63850 68000 14550 16600 18700 20750 22400 24050 25750 27400 23250 26550 29900 33200 35850 38500 41150 43800 29050 33200 37350 41500 44800 48150 51450 54800 34850 39850 44800 49800 53800 57750 61750 65750 13800 15750 17750 19700 21300 22850 24450 26000 22050 25200 28350 31500 34050 36550 39100 41600 27600 31500 35450 39400 42550 45700 48850 52000 33100 37850 42550 47300 51100 54850 58650 62450 13700 15700 17650 19600 21150 22750 24300 25850 21950 25100 28200 31350 33850 36400 38900 41400 27450 31350 35300 39200 42350 45450 48600 51750 32950 37650 42350 47050 50800 54600 58350 62100 16100 18400 20700 23000 24850 26700 28500 30350 25750 29450 33100 36800 39750 42700 45650 48550 32200 36800 41400 46000 49700 53350 57050 60700 38650 44150 49700 55200 59600 64050 68450 72850 18850 21500 24200 26900 29050 31200 33350 35500 30150 34450 38750 43050 46500 49950 53350 56800 37650 43050 48400 53800 58100 62400 66700 71000 45200 51650 58100 64550 69700 74900 80050 85200 Page 3 ~ "- ×x ,-E o 'o co 'o-o-o q='o = c ~ ~ = = o o ._ o o o o o ~ '-~ E - ~ '~ ~ ~ E .... ~ E ~ E E E ~ E ~ ~ ~E E ~ E ~ = ~ ~9 ~ ~ o ooo c __ -~ ~ 0 0 ~-- 0 ~ 8 o ~ o~ oo , o~ , , ~ , .... m 0 ~ ~ 0 0 O0 0 0 , ~ ~ 0 m ~ ~ ~ ~ ~ X ~ X o= o= ~ 8= =~ ~~~ 8 -- 0 0 ~ ~ ~ ~ ~ ~ _.~ ~.~ >~~=~ ~ ~zo8 '-~ = ~ ~ ~e oo = .~~8~ _=ooo=~m · ~ ~88 8~oo ~ : ~ o8 ~ o o o · · o ~ o o o-~ ~ 8°°°°°°°°°°°°°°°°~°oooooooooooooooooooooo 0 0 O0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 ~ 0 0 0 ~0 0 0 0 0 ~ ~ ~ 0 0 ~ 0 ~ ~ 0 0 ~ 0 0 ~ ~ 0 0 0 ~ ~ 0 0 0 ~ ~ 0 0 ~ 0 0 0 0 ~J T~~ ~T~ ~ ~ ~ ~ ~ ~ o o o Z ._ E~.cc ~ · ~) 0 ~Z~Z 0 0 LO 0 o Z ~1' 00~