Loading...
HomeMy WebLinkAbout2003-04-02 PacketRESUME CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 2, 2003 6:30 p.m. MayOr Read Mayor Read 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. Designating April 6-11,2003 as the Week of the Young Child in Ukiah b. April 2003 as Poetry Month in Ukiah 4. PRESENTATIONS Armand Brint a. Presentation by Armand Brint, City of Ukiah Poet Laureate, Regarding Poet Laureate Program Councilmembers b. Councilmembers Smith, Andersen, and Rodin to Read Poems S_.mith and Andersen read a poem_. - M/RC (5-0) M/RC(5-0) 1 APPROVAL OF MINUTES a. Regular Meeting Minutes of March 5, 2003 b. Special Meeting Minutes of March 19, 2003 Mayor Read 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Mayor Read 7. 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 citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC (5-0) Approving Consent Calendar items a-h (Item "i" pulled from Consent Calendar and heard as "10g" a. Notification to Council Relative to Execution of Annual Letter of Agreement 03- SNR-00555 Between the City of Ukiah and the Western Area Power Administration For the Purchase of Excess Capacity b. Award of Bid For One 100 KVA and Three 167 KVA Pad Mount Transformers In The Amount of $15,931.99 to Western States Electric c. Approval of Notice of Completion for Street Striping 2002, Specification No. 02-16 d. Approval of Purchase of Bucket Truck for Parks Department From the City of Santa Clara For the Sum of $20,000 and Approval of Budget Amendment e. Report of Acquisition of a Network/Application Server From Dell Marketing L.P. in the Amount of $5,067.56 f. Report of Acquisition of Voice & Data Cabling Materials and Installation Services, For the Civic Center Addition, From Telecom Services Co., Ukiah, CA in the Amount of $7,853.83 g. Award of Bid to Total Waste Systems for Pick Up and Disposal of Biosolids From the Wastewater Treatment Plant in the Amount of $31.00 Per Ton h. Adoption of Resolution 2003-31 Removing On-Street Parking and Establishing a Loading Zone at 208 Mason Street i. Approval of Phase I Fence Improvements For the Ukiah Municipal Golf Course In the Amount of $15,000 Mayor Read 8. 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 9. UNFINISHED BUSINESS a. Adoption of Ordinance Establishing Five-Member Paths, Open Space and Creeks Commission .M/RC (3-2) adopting Ordinance 1045 adding Division 1, Chapter 4, Article lB, sectiOns 1020- 1025 of the Ukiah Municipal COde creating the Paths, OPen space' and creeks Commission, as amended ' b. Wording for Measure Eliminating Position of Elective Mayor and Effect of Conducting Election in November 2003 or March 2004 M/RC (4-1) approving modified wording for measure eliminating position of elective Mayor. 10. NEW BUSINESS a. Discussion and Possible Action Regarding Bill of Rights Resolution M/RC (4-0) Adopting Resolution 2003~32 b. Consideration and Possible Action Regarding Resolution Supporting Armed Forces - Councilmember Andersen M/RC (4-0) adopting Resolution 2003-33 expressing support for American Armed Forces engaged in conflict in Iraq, as amended Rec. Report c. Receive and File the Audited Financial Statements For Fiscal year 2001/2002 d. Authorization of City Manager to Issue Request For Proposals for Downtown Parking District Improvement Study M/RC (5-0) authorizing the City Manager to issue Request for Proposals (RFP) for parking improvement study in the Downtown Parking Improvement District e. Adoption of Resolution Supporting the National Computer Recycling Act M/RC (5-0) adopting Resolution 2003-34 supporting the National Computer Recycling Act The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME f. Award of Bid to EBA Consultants for Leslie Street Gas Plant Mitigations and Approval of Budget Amendment for $56,535 g. Approval of Phase I Fence Improvements For the Ukiah Municipal Golf Course In the Amount of $15,000 M/RC (5-0) approvin_ci PhaSe I fence imprOVementS for the Ukiah MuniciPal GOlf Course in the amount of $i5'000 ~ 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13.CLOSED SESSION a. Conference with Leqal Counsel- Anticipated Litigation, Significant exposure to litigation pursuant to subdivision (b) of Government Code § 54956.9 (1 case) 10:45 p.m. 14.ADJOURNMENT MINUTES OF THE UKIAH CITY COUNCIL SPECIAL MEETING WEDN ES DAY, MARC H 19, 2003 The Ukiah City Council met at a Special Meeting on March 19, 2003, which had been legally noticed and posted, at 3:05 p.m. in the Civic CeD~?~"CoU~i!! Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken an~i~ii~"=~followin~:::~: :~ Councilmembers were present: Rodin, Andersen, Smith, Baldwin?,:.:;,~,i~ :~::~at 3:53 p.m.), and Mayor Larson. Staff present: Customer Service S~.P~'i:Sor~"~i~ibald, Customer Service Representative III Babcock, Public Utilities Dir~[ Barnes,:;l~[im Fire Chief Cohn, Community Se~ices Director DeKnoblough, POli~:~:=~:Administrat~e Captain Dewey, Finance Director Elton, Civil Engineer Erik~=Assis~ :~ity Mana:~ Fierro, Risk Manager/Budget Officer Harris, City M~~:~:~::.Horsle:~:~~: Purchasing Assistant Jenney, Associate Planner I Keefer, Purchasi~?~up~isor Kennedy, Public Works Supe~isor Looney, Accounting Manag~::~::~::~?~cCann, Customer Se~ic~:~:~:~' Representative II Norris, Executive Assistant ::~, Distri~:~ion Engineer Deputy Director of Public Works Seanor, Acco::~?~=:~::~yable S~i~list Sechrest, Public Works Director/City Engineer Steele, Plandi~ .... Die. or :~:~St~:~:~:~:Building Inspector Tuliback, Fire Marshal Yates, and City Clerk Ulvila. 2. PRESENTATION ...... a. Presentation bv Bryan Ba[[,~. League of California en a ve, Regarding Status 0f th~ ~d~et .... ~::~'~:~ ?~ Bryan Ba~r, League of Cali~~~i{~ ~tative, advis~ ~t he represents 47 cities and works with legislateS ~::~: cities ....... ~:.~ate and~ederal issues. Leave Our Communit~ Assets LoCal (L L) wa~ ~;~y~r ago by the League of California Cities Directors for the pu::~e q~:'nties a~ ~ecial Districts to t~ to work together with Sacramento, and at tim~?:~?~bat..:~:.~:~:~:~:.:~. Sa~ento to keep funding sources and resources Io:~!:~:::?~:~::~:~::~ The coaliti.e~ ~'~:;:Sion:~::~:'~:~"~"~OCAL is to ~~t~ ~cal se~ices by protecting funding for local go~~ents. H~ ~plained that {~~te budget deficit of $2~-35 billion will prob~!~:: ~St over the ?five years and:~i~'e largest deficit seen statewide. A budget crisis: ~:~ s pres~ government funding sources. He noted that most ~{~::' be~een what city, county, state, or federal government d~?~?;~:?;~here is a need to put a value on those local se~ices that might be ~::::: away from~:~'~[pmers. The coalition is actively engaged in budget debate and ~:~::?~:'~i~h~t some s°~ ~:.::lo~l::: government finance reform needs to take place. The coali{:'~ ~:~ain objeC~ i~?~at local se~ices should not be sacrificed to solve state budget ~ems ~.~?~ ?::' The vast m~ity of funds under the control of cities and counties go toward funding law enforcemen~?~re se~ices, and health and emergency care. Most of the Vehicle ::~::~:~:~: ~::~:License Fee~?~LF) that still exists goes toward police and fire se~ices. Since 1992, .......... ~ens of b[!!~s of dollars of local government revenues have been dive,ed to the state :~::::~:'~:~at~ ~:::~elief Augmentation Fund (ERAF) Fund. Annual ERAF contributions from I°~?;~:~rnments total $5.3 billion. He advised that we must protect local se~ices and Io~[?~evenues from fu~her cuts. Of the 47 cities that he assists, three are on the verge of deficits, and one may declare bankruptcy within the ne~ three years if VLF monies Special City Council Meeting March 19, 2003 Page 1 of 10 are cut. Not only are we dealing with losses in Transient Occupancy Tax (TOT), sales tax and other revenue sources, but we are also dealing with the threat of the state taking away funds ...... Since Ukiah is a member of the League of California Cities, it is part of The Coalition recommend cities contact their local senator and asst let them know about the dire straights cities are in. He noted that St as Chairman on the Senate Budget Committee and has been vt problems and is versed in local government finances. Assembl, been very helpful. Not only should we make our concerns known to also thank them for the work they have done on our behalf, noted are Legislative Action Days in Sacramento where people to important issues, such as possible VLF cuts. He provided Council with a summary of the proposals and also the Senate Republican difference in the two. of bro sits the [.Is and mid-year budget get, noting a huge He continued to discuss the state budget crisis and version of the budget has created a bit of an outcry General Fund, which is about $1 of the populace thinks it is a b~ asked if they would like most would agree that it maintained. He continued t5 di: noted the League feels that onc~ pending. illion less than the Gow se the VLF, Jse of lack of the Senate Republican the d' in the About 60% they need to be nding. He noted the [~el of service can be fee was created. He there will be a lawsuit Mayor Larsl understan, conducted as to whether the public sources. Mr. citie,' increased. receive or im the public's knowledge of issues facing of the populace does not want the VLF fee not realize the amount of local services they local services if state funding is cut. LOCAL is trying to educate they may lose due to VLF funding cuts. Am uired as to the $61 million that was actually cut from the $2.8 bil is pro to be cut, and if Mr. Barr envisions these proposals coming back ag ai n i~?~ :.~? ~:~: ~,: ~ :.~ Mr. Barr ad~i~d that those are rough figures and as far as the proposal coming back, it depends on~e Governor's May revision. At the present time, it is uncertain what will Andersen noted that there are some initiatives in the preliminary to change the budget process, most specifically lowering the two-thirds voting reqUirements to 55% and inquired if the League or LOCAL would be involved. Special City Council Meeting March 19, 2003 Page 2 of 10 Mr. Barr advised that LOCAL has been asked to be involved, however, it will be addressed at their general membership meeting. The Senate Republican versio~::~Qf~the budget proposed an initiative to cap any further reductions. That would~,~i~, ~:.a significant impact and the League is looking at everything as much as possi~l~i Councilmember Andersen inquired if there has been discussion aba~ ~ Way local government is funded via the initiative process. Mr. Barr responded affirmatively and explained that LOCAL has of times. He explained that local governments have been t:~i?,~good ai::~:~i,r jobs in t:~:~t when funding is cut, City Managers, Finance Directors, ~.::e~??:~ have:::~¥~Und ways coping with the loss of revenue. This is a problem::~:~us~:~acramento sees the situation in the light that municipalities will be able~::~:~ ~al with fUnding cuts because they will be able to solve the problem beEer than it:=~:~[:: :::.~.: :~: Pre-Budget Workshop - Discussion and Hearings City Manager Horsley explained that she and Coum budget workshop last week and found it informative. She tax revenue when Prop 13 came the manufacturing and the the State got in trouble, it in and counties and gave it income tax and revenue was their spending tremendously. expenditures continue to increase. some legislators lune 2003 Budget Rodin attended a State the~,~::~Qss of property time were war ended and taxes from cities ~rged and personal available, they increased have decreased but of term limits and how I handle th~problem. She briefl, having Gene proble~iiof:~:.::~e cities to the south of Ukiah who are cuts due t~?,?,~:':i',ii~he economy ~ ?~iii~'efore state cuts have hit them. Their ~d revenue:,:?:~:~ been reduc~,::~?~"::'such an extent that they have to lay off their budgets. As of Febru~ to the funding be for the n~ fiscal year. re. the City of Ukiah's revenues are on target with fiscal year ections. Since 1995, City staff has taken a very conservative However, based on our most recent assessment of estimates a loss in POST-reimbursements and COPS :luted reimbursements ($20,000), booking fee reimbur,, (', ), and potentially, the motor vehicle license fees ($581,000). This is an ~roximate $210,000 to $791,500 loss of annual revenue to the City of Ukiah. Ho r, the state has advised that the loss may be over $600,000, which may If the "trigger" happens and we get our full VLF, it will be a the City will be projecting flat revenues and is not going to show increases un!~§' we verify the economy's improving. The areas of concern, which she addressed, were challenges related to covering salary and benefit costs, the increase in premiums, Special City Council Meeting March 19, 2003 Page 3 of 10 the Public Employee Retirement System (PERS) rates, and PERS retirement enhancements. She noted that management and directors took a 1% cut in salary this last year for their portion of this PERS enhancement. The total increase for next et year's known Personnel related expenses are $324,330. For fiscal year 2003 combination of personnel related increases and potential State cuts equals General Fund of between $434,330 and $1,01 5,830. Finance Director Elton explained that the City received month~ ~:~y~:~'~,~. from distribution of the VLF and the last payment was in February. .;,~::~::~::~:,~::~::::, City Manager Horsley explained that she has recommendations in her Staff Report to cover the expenditures. She went on to discuss how, since 199 balance its budget within four fiscal years. The reductions as the majority of cost cuts were ab., continued to be very conservative in the seve~ times. The City Manager recommendation.~ include: (1) hiring freeze on four positions and w an~ii;~1,015,830 i~: made progress to not see the effects of these :~: nel. The City ha~ those difficult expenditures position; these cuts combined would save the City $238,000 the first year 000 annually thereafter with the police officer position, (2) Reduction in confered~::iiand train::in~g expense of approximately $80,000 (3) refinan ' of the loan for the Civi~?,~Dte:~;~:: ~::~ing $103,067 r, and (4) the School Resourc~ continued to e~i~i~ i~ach Department Director's expense reducti~ for a total re,~"~ended savings of $173,112. Staff recommen, which I~es $159,849 to cover a portion of the $581,500 of pro ement cost of living increase, not yet negotiated. ~,~,?~ Staff is re( g m~thods of reducing the budget expenses or ues to cover'~iS potentia, I $421,651 shortfall. She reviewed the list of ., to further ~ ~;the',~:,i~ity s budget that were included in her Staff Rt E .~d that ba~ ~i~:: what is going to happen this year and the ~ the public~:~=:~ds to understand how it is going to affect th~ internally. There needs to be some visual loss to the the impacts. She concurred with what Mr. Barr said, people don't even know what the funding is and they don't want Lic~:~i~,~:Fees increased. The public is not aware that the taxes they pay ~rily c~iiback~,,~:,~o the City., Mayor ~~:n inquire~il ~'e Community Service s budget assumes there would be no increase i~!~::'~ool faciii~:: fees. City Mana~ Horsley explained that the Superintendent of Schools made the offer to reduce the:~ility fee about $20,000 if the School District would not have to pay for the Re~rce Officer. She noted that the initial year of televising City Council estimated to cost $49,700 but subsequent years may cost $4,000-$10,000 on how much money the City wants to put towards capital cost replacement. this money may be defrayed with the franchise fees. Special City Council Meeting March 19, 2003 Page 4 of 10 Finance Director Elton continued to explain the flat level of revenue sources estimated in the budget and responded to questioning by Councilmember Baldwin regarding showing a flat sales tax revenue over the next three years, by stating that it was fee that since there are so many unknowns at this time, it would be more conservative flat than to predict any kind of increase. He explained that generally, most businesses don't individually contribute a significant amount of sales about a potential $1 million level of concern. Typical business would from a few thousand to about $30,000 worth of sales tax revenue~?i~ the uncertain if that trend would continue for three full years. not specifically factor in Kmart's closing, Councilmember Rodin inquired if the City has a parcel Finance Director Elton explained that when a seller or the buyer pays a tax to the City to re! recollection that it is $75 per parcel and goes It is He note~i!!ii~at this pl~hi!iiiiiiidioes real estate is sold, either It was Councilmember Baldwin inquired about reqUestin~ transfer tax and what type of vote of the public would be research the real estate ed to increase that tax. It was the consensus of Counci tax. direct staff to investig~ ~he r~li?;:'bstate transfer Councilmember Anderse there is any reserve the CitY:'~:'~ould on ofth:8':;~::'City's reserves and if City Manager Horsley reviewed th~ funds that are us Asset Re and the G, She n~ expe Upon q aside a ct docum related to the City's reserve projects. There was discussion of the Fixed Projects Fund. The Special General Fund ~erve accoun~ h~:~i~o specific projects attached to them. to ha~.:::i~.ii;i~ealthy reserve due to fluctuations as with regard to the practice of setting ge in the General Fund, Finance Director Elton explained that ~d on saving a percentage of funds toward the General Fund, but Council~'~ ted,::to~have done and staff recommendations. It is important to look at ~.;:h~w volatile o~:~ ~e~e sources are and how much they can change from one year to'~:~;next. Th~ ~:°re volatile, the more reserve should be planned. He respondeS:?"~;:~, questi~i::~g from Councilmember Andersen with regard to spending reserve fun~i~ to make up for the deficit, by advising that it would be bad policy. The City should ~,~aVe the ability to respond on a short-term basis to any situation that may ::;:. ::'.;~:. ~ :: be present~:,~;by the State. Discussion continued with regard to the potential of using :~mserve fu~8~'to make up for the deficit. Andersen inquired as to what type of assets the City owns that could Special City Council Meeting March 19, 2003 Page 5 of 10 City Manager Horsley discussed the properties owned by the City and the Ukiah Redevelopment Agency, noting that very little City-owned property is not in use. Councilmember Rodin was supportive of cuts that are apparent to the gen~ and not those those that fall on the backs of City staff. As a g important that the community sees and feels the impacts of the cuts. Councilmember Smith agreed and noted that while the total of re( did not include a dollar amount relative to the Community Outreach he felt it~:~h~uld be reviewed and possibly put on hiatus for a while. Even though applies for funding every year, he felt that we have to ackno~ crisis is going to affect all of us one way or another. Councilmember Andersen noted the frustration of s when they have to decide budget cuts and not have any control ov~ moneY!'~:,:?He is interested in how the City can become financially independent a~ to not rely so much on grant funding, and if there is any way to keep it. He would be supportive of raising fees for pool use, communiprograms, and would like staff to calculate percentage increases and how mu,it would raise in those areas and report back to Council at the next hearing, staff look at increases to community services a proposal for a complete reduction in tht is interested in any proposals in the future for situations sui~s this and wants to see some sort of mechani te towar~:,~'=~,~ not this year, but it needs to be put into place. He City Council be formed to go through the budget and com Mayor Larson want to see the City balance its budget on the backs of the mid 1990's and felt that it created long- term dam; of the need to institute a hiring freeze lows for ai a position that is staffed by only one em When em employment, replacement needs to be case: agreed that there needs to be some sort of recogn gard to budget cuts. In that respect, he felt that road mainten~ repair activities should be limited to fund 699 and other not supportive of using General Fund money for streets. It was that th~?~iiiiC~ty n~ds to look seriously at closing the pool and that the C( Services ~~ent should make a 100% return on user based services, such a,, ,n cl~:'~, with special attention that non-resident fees are covering those co= disc~!~'ed negotiating with the School District sharing funding for the Police Offic~i~'~;;who is stationed at the High School. The Community Based Grants should be p!~d on hold for at least six months. We need to let the public know that some servi~ are being cut and it is tied into the State's decision to not reestablish ~LF a inC~:ease. ~r Smith discussed televising City Council meetings and it may be to put that project on hold for the time being since it would be a $50,000 Special City Council Meeting March 19, 2003 Page 6 of 10 City Manager Horsley advised that the project might be financed through a Joint Powers Authority (JPA) for the cable franchise. Mayor Larson explained that City government's ability to educate the where the money comes from and where it goes would be enhan~ televising City Council meetings. There may be a need to commit a revenue that cable television generates to a fund to support this may not occur for another year. Councilmember Baldwin was unsure if he supports th~ impacts" to the community. He discussed the possible Base in Ukiah and how that could be construed to impression on the people of Mendocino so that th~ the base is closed. He felt that raising fees are people the most. He thought the Golf Course future and that it must break even. In increases rather than percentages to increase salark City pool. !reatly by::= of the 'act the ~'~F Air Attac~ state is leaving an a recognizable impact whe~ , end to hurt the poore~ ity any money in the ht consider dollar resist closure of the Councilmember Andersen state because he feels it's a vital reduction in funding for the than the museum. He City Hall during a specified period goes a long way towards assisting the City's purchasing policy especiall Ihat he would not be su community. ~e felt more he Purchasing regard to office the c~ un appropriate She continu~ g the pool could support a patronize the pool supportive of closing Iy Based Funding requested an overview of ies. res ~!¢ting the procedures she follows with for tb soliciting Request For Quotes from to achieve deal on a product. She explained that supplies is ;l shared with records storage and she is one time. The new facility will have more of supplies and thus provide cost savings. the City's printing practices and noted that business cards are :her items are sent out for quotes to obtain the best pricing. Bal~i~:~i~::"~ired about technology upgrading and replacement. Finance i tor EIt~?~tated that staff evaluates the needs on a case-by-case basis and there i~'~i~ome technology that is four or five years old, which is beyond the recognized ~ cycle although it is still functioning. Staff will evaluate the computer needs in the entire budget situation and not replacement them, except in those is product failure or where the performance is so much below par we would have a better benefit return by replacing it than making due with Special City Council Meeting March 19, 2003 Page 7 of 10 City Manager Horsley discussed the City's recycling of computers within our own system. She advised that with the advent of war, the City's Police Department has established protocol for handling civil unrest, the potential for war, and are ' for these events. She will be meeting with the Department supervisors system and security protocol. Mike McCann explained that he is president of the Boys and Girls ~ed that the Club was invited by the School District to discusses summe it is not going to run the summer school with up to 800 elE year. School Superintendent Brawley offered the Club the cam Club could prepare a program so that children would be looks at the possibility of closing the pool, the Boys program whereby it would house the children in the m( in the afternoon. The burden on C, ommunity Se~i~i::~and the Police Department increasing because of cuts that aren t in the City b~'~t but are:directly impacting thoS~ who are trying to balance the City budget. Th9~ ~i~!::be additional burdens that will hit all of us pretty heavily in the next few months d~?~,~i:;:~ha~::~?i~:~:at the City level. Discussion followed relative to the expenses maintena~:'~ ~nd repair of the pool, such as the leakage of water and extra water and chemicals ne~:~:~':at the poel, The need to close the pool for repairs was also~,~,:~,iscussed. Councilmembers Baldwin :~:,~i!!~d~~ii~: supportive o~??~i~::Or fee increases in the Recreation Depa~ment ~:~: f~e po°'i:~i~?~ ~gnity ~e~ibe and they are willing to subsidize it. ...... ..... ~:~??;~,?:~ Councilmember Rodin inquired ab~, .e~(',~:',~liding scs~:~'?based on income, for selling pool passes. .... '~':~ ~:;~::~:: .... :::~::::?: There was::a~::~SenS~ ~f the City Co~i!;~;~ake an effo~ to offset a major potion of the d~it~::a the was also the ~~:~hsus of Council to look into the ma~er of clo:si~ ~jty Hall day a weeE ~:'~;::::~ne day every other week, and for staff to provi~:~::~::~:~S to ::~st savings. With regard to the Community Based ~ider this fu~her before making a decision. ::::~~cilmember~R~:in noted that there are a lot of mini grants available in the ~i~y th rough':~ ~b revenues. Council~ber Bal~?~ecommended consideration of the differential in rates at the Golf CourS~ ~Or non-C~:msidents. Mayor LarSD~ advised that Council might prefer to increase the overall recreational fees and su~i~ize some of the pool losses out of it. Rodin inquired if the City charges various se~ice clubs, to operate the fields for spots programs for a minimal amount, and if so, perhaps the fe~ be increased. children': th is no cost:~ ~e hAs t e Club i~:'discussing a::: them to the pool Special City Council Meeting March 19, 2003 Page 8 of 10 City Manager Horsley suggested the option allowing facilities such as Anton Stadium to be turned over to an organization or the schools. She noted that it would take a lot of money to rehabilitate the stadium and maintain it. Councilmembers Andersen and Baldwin voiced their interest in::::.~in~:':~.:~ subcommittee to review the budget Mayor Larson noted that a subcommittee of more than twa.,,?,.,~Counc~Imembers constitutes a public meeting and must be noticed. He thought th~i':~',~':~ll CounCii'~:'~:~Ould review the budget to become effective and did not see the need t'~i,:,~B:?den assisting a subcommittee. Individual Councilmembers shoU!d::, revieW~'??:~e budget form their questions. He referred to a statement by Mr. ~[i~..~at paA:~¥the problem with the current crisis in California is that City Manage[~ ~d S:{~:~:have done too good of a job in managing local revenues, resources, and d~ii~ry of se~ices. Councilmember Smith was of the opinion th~t~ Process~:~ ~bich staff reviews the budget is more effective and they become t~?~::~:'~il's su~mi~ee for analyzing depa~mental needs and possible cuts. Councilmember Baldwin was of the opinion that the pr°'~i~:~:.bas be~::~over the past years that Council went through tbe~:~:::budget rather quickly and~E~::~tha~ alternative to a subcommi~ee reviewing the ~~~guld be to set aside ~:.e ~i~e to review the budget .... ::~:~::~ ~ ~:~:~:~:':~:::~:~:~::::~:~'~?~?~?~ ~.~:~::~ ...... ~::~::: City Manager Horsley adviSed th~[~?~A: would ~o to three full days for budget hearings. She explained :~::~W in the ~:: has reviewed the budget. M/S Baldwin/An.de~ to set aside ai i~t ~o days::~ cover the budget hearings. Councilme~:~:~:~'sm'i~"d Mayor Le~n,~:~erred leaving it to Staff to determine how mu:~i~e would ~:needed to re~i~?~e budget. Mayor Larson noted that Coun~i! ~AY want to h~~: another budg~?~orkshop between now and June as new infor~:i~ ::~e~comes:~:?~ii~:~:~ha~m~y'::}equire some policy direction from the City Council. ...... : ~:~ :~ ~:~::::~: ~ review::'~f?~:~9 budget process was discussed. The maEer of Council being prior to th~::~;:~get??hearings, such a conducting research and contacting staff ~': with ~:~i~es, was se~ ~ ~ay to accelerate the process. M/S Bald~~nders~h:Withdrawing the previous motion. Councilme~r Andersen advised that the Chairman of the Senate Budget : ~'~ :::: CommiEee~?~::~es Chesbro, would be in Ukiah on March 29th at 1:00 p.m. at the Todd ~:~.?:?:G:rove RoO~:'~ The Ukiah Valley Democratic Club is hosting a budget update forum. ~ ~rson thanked staff for their patience. 4, :ADJOURNMENT Special City Council Meeting March 19, 2003 Page 9 of 10 There being no further business, the City Council meeting was adjourned at 5:39 p.m. Marie Ulvila, City Clerk Special City Council Meeting March 19, 2003 Page 10 of 10 CITY OF UKIAH CITY COUNCIL AGENDA SPECIAL MEETING UKIAH CONFERENCE CENTER COLUMBARD ROOM 200 South School Street Ukiah, CA 95482 April 2, 2003 5:00 p.m. 1. ROLL CALL 2. DISCUSSION WITH MENDOCINO COUNTY SUPERVISOR SHOEMAKEP 3. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 2, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS a. Designating April 6-11,2003 as the Week of the Young Child in Ukiah b. April 2003 as Poetry Month in Ukiah 4. PRESENTATIONS a. Presentation by Armand Brint, City of Ukiah Poet Laureate, Regarding Poet Laureate Program b. Councilmembers Smith, Andersen, and Rodin to Read Poems 1 APPROVAL OF MINUTES a. Regular Meeting Minutes of March 5, 2003 b. Special Meeting Minutes of March 19, 2003 1 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 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. Notification to Council Relative to Execution of Annual Letter of Agreement 03- SNR-00555 Between the City of Ukiah and the Western Area Power Administration For the Purchase of Excess Capacity b. Award of Bid For One 100 KVA and Three 167 KVA Pad Mount Transformers In The Amount of $15,931.99 to Western States Electric c. Approval of Notice of Completion for Street Striping 2002, Specification No. 02-16 d. Approval of Purchase of Bucket Truck for Parks Department From the City of Santa Clara For the Sum of $20,000 and Approval of Budget Amendment e. Report of Acquisition of a Network/Application Server From Dell Marketing L.P. in the Amount of $5,067.56 Report of Acquisition of Voice & Data Cabling Materials and Installation Services, For the Civic Center Addition, From Telecom Services Co., Ukiah, CA in the Amount of $7,853.83 Award of Bid to Total Waste Systems for Pick Up and Disposal of Biosolids From the Wastewater Treatment Plant in the Amount of $31.00 Per Ton go h. Adoption of Resolution Removing On-Street Parking and Establishing a Loading Zone at 208 Mason Street i. Approval of Phase I Fence Improvements For the Ukiah Municipal Golf Course In the Amount of $15,000 8. 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 9. UNFINISHED BUSINESS a. Adoption of Ordinance Establishing Five-Member Paths, Open Space and Creeks Commission b. Wording for Measure Eliminating Position of Elective Mayor and Effect of Conducting Election in November 2003 or March 2004 10. NEW BUSINESS a. Discussion and Possible Action Regarding Bill of Rights Resolution b. Consideration and Possible Action Regarding Resolution Supporting Armed Forces - Councilmember Andersen c. Receive and File the Audited Financial Statements For Fiscal year 2001/2002 d. Authorization of City Manager to Issue Request For Proposals for Downtown Parking District Improvement Study e. Adoption of Resolution Supporting the National Computer Recycling Act f. Award of Bid to EBA Consultants for Leslie Street Gas Plant Mitigations and Approval of Budget Amendment for $56,535 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS 13.CLOSED SESSION a. Conference with Leqal Counsel- Anticipated Litigation, Significant exposure to litigation pursuant to subdivision (b) of Government Code § 54956.9 (1 case) 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. PROCLA VlATION I~I-IEREA$, Small Wonders State Preschool and the Redwood Empire Association for the Education of Young children, in coniunction with the National Association for the Education of Young children, are celebrating the Week of the Young Child April 6 - 11; and WHEREAS, this celebration will include a children's parade and children's art show in downtown merchants' windows; and WHEREAS, by calling attention to the need for high-quality early childhood services for all children and families within our community, these groups hope to improve the quality and availability of such services; and WHEREAS, the future of our community depends on the quality of the early childhood experiences provided to young children today; and WHEREAS, high quality early childhood services represent a worthy commitment to our children's future. NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers Phil Baldwin, Roy Smith, Paul Andersen and Mari Rodin, proclaim April 6 - 11, 2003 as WEEK OF THE YOUNG CHILD IN UKIAH And urge all citizens to recognize and support the needs of young children in our community. April 2, 2003 EricLarson, Mayor ga PROCLA VVHERF~AS~ poetry has been a ~tal element of the human spirit since before the written wordand the essence of bards and muses for centuries, espousing the ~irtues of tTeedom andpeace, and expressing the joys and pangs of hearm andsouls,! and ~HEREAS~ verse has been the basis for early mental gymnas~cs and the foundation for learning and understan~'ng, deh~hting both young and olde ah'~e! and ~ItER~S~ ~l~iah spelled baclnvard is '~ai~u ~ a Medieval form of Japanese poetry, sm'# popular today,, and ~VttER~AS~ April is celebrated as National Poetry Month throughout this grand land in cities and towns large and smal~, and WtIERHAS~ the City of U~iah has jolned the growing league of Poet Laureate program sponsors to heighten public a,vareness of the benefim of poetry. NOV~ THEREFOR~ I, Eric Larson, Mayor of the City of U~ia~, on behalf of my fellow City Councihuembers, PhiI Baldwin, Roy .Smith, PauI Andersen, and Mari Rodin do hereby proclaim Apri12003 as POETR YMONTH IN UKIAH and urge all citizens to attendscheduled poetry readings throughout our community, par~cipate in the ~?oem of the Day"program at the U~iah Library, enjoy the Poetry andPuppetprogram at the Grace Hudson Museum, participate in the Mendoclno Count~v~de I-Iigh SchoolPoetry Slam, and learn poetrypower, which can tTower, into a better h'fe. Date: April 2~ 2003 /48 ITEM NO. DATE: APRIL 2, 2003 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION BY ARMAND BRINT, CITY OF UKIAH POET LAUREATE, REGARDING POET LAUREATE PROGRAM Armand Brint, the City of Ukiah's first Poet Laureate, will make a presentation regarding the Poet Laureate program which was formulated in 2001. Mr. Brint will also read a poem as a commencement of the festivities for April as National Poetry Month. RECOMMENDED ACTION:Receive presentation of Poet Laureate Program and poem reading by Armand Brint, City of Ukiah Poet Laureate. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments' Yes Poet Laureate Michael F. Harris, Risk ManagedBudget Officer Candace Horsley, City Manager None APPROVED.~_~~~. Candace Horsley, City'~anager mfh:asrcc03 0402POET MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 5, 2003 The Ukiah City Council met at a Regular Meeting on March 5, 2003, the notice had been legally noticed and posted, at 6:35 p.m. in the Civic Ce~ Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin, a Staff present: Public Utilities Director Barnes, Interim Fire Chief Manager Fierro, City Manager Horsley, Acting City Attorney DistribUtion Engineer Sauers, Deputy Director of Public Works Seanor, Planni:'~::~Director and City Clerk Ulvila. ......... 2. PLEDGE OF ALLEGIANCE .... Interim Fire Chief Cohn led the Pledge of Allegiancei'~ ii 4. APPROVAL OF MINUTES 4a. Regular Meeting of February 19, 2003 ~=.=~,====~ .... Councilmember Andersen recommended a paragraph, the first sentence should read, "Ricardo whereby the vehicle he was driving was pulled over by case of racial profiling." He also that the last sentence should war with Iraq and if we dl complicity." He noted there provide the City Clerk with that infO~ation. City Clerk Ulvila recommended th; that their name c< listed correcD record. =:'~::: following Larson. City page 2, second to last discussed an incident felt it was a paragraph, ptively go to that silence is names and he would on the sign in sheet so M/S g the as am~ following Ande[~iii::Smith, Bald~i~ and Mayor 5. RIGHT T~i~i:~i :~L ............... .... Larson r~iii~e appeal process. g Minutes of February 19, 2003, vote: AYES: Councilmembers Rodin, NOES: None. ABSTAIN: None. 6. CALEI M/S ap items a through e of the Consent Calendar as follows: a. Ado Resol~ 2003-28 Authorizing Fire Chief To Sign Agreement With Californi~ D~epartment of Forestry Regarding Use of Federal Excess Property; b. Adoption ~ Resolution 2003-29 Restoring On-Street Parking at 953 and 955 North State st~t; ::'~,::;'~:~: C~, ARenewal for Rusty Bowl BMX, Inc.; Lease with North Ukiah Little League; Notification to the City Council Regarding the Purchase of Sodium Bisulfite '/iE¢0m .... Basic Chemical Solutions For The Sum of $337.60 Per Dry Ton. Regular City Council Meeting March 5, 2003 Page 1 of 10 Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. AU D I E N C E C O M M E NTS O N N O N-AG E N DA IT E M S James Mulheren, Ukiah, addressed the City Council concerning its opposing preemptive military action against Iraq. He read a prep ~iii:~Statemen~ encouraging the City Council to "stand up and be counted in their sup~ ~{ ~::r military personnel." He announced that on May 2® through 4th there all veterans, family and friends at the Mendocino County Fairgrounds i~?~B0onville. 3. P R E S E N TATIO N 3a. Presentation Regarding Cable Public Access Jay Johnson, Director of Mendocino County Inform; advised that he has been involved in discussion~ developing and funding public access cable discussed with Mr. Lamb, Manager of Adel needs of other cities in the County, the Mendocino College in a combined effort for City Staff and Adelphia for ~,:.~ through~ut the County. He ha~ his i~':~pective regarding the ,c~i~'~i~::~?:?~i~hool Districts, and rposes, with a focus on quality service. Mendocino County has given him auth( o ahead and discuss his ideas with other cities in order to address the best way toservi~s. A board of directors would make sure funds fax.dedicated access is a( it would be set up as a business that will the cable franchise:~:':~:~,ii','~iii~':?~xplained that he would be able to assist ,rt aspect of t:h~ ~A and went on to discuss maintenance ag feltsources ::~Uld be available. City Manager Horsley noted that ~,:~ be:~~'~:~ of are its structure, support, technical expertise, and staff. 8. PUBLIC ~~ 8a. Denial ~! ~,lTeal ,~.:b¥ Safewav,~::~:~ .... cerning the Plannin~ commj~'ion s DisaPProval of Its-u{~ ~:~it A~lication For A ~ueling Station Planni~Director st~ advised that~:~ ~?~:'~;:'May 8,-2002, the Planning Commission consia~:'~~::Use ~~ ~~9;~e'~:~' by Safeway, Inc. that would allow a 24-hour Safeway di~:: ~t :g~bline ::~:~t~fl~?be developed in the parking lot of the existing Safeway store~::~:~~ located at 653 South State Street. After a public hearing, the :: :~~ission vot~;~?~::to=- deny the Use Permit because it found it to be inconsistent with a~d policies ~ ~eth IbC: Ukiah General Plan and Master Bicycle and Pedestrian Plan::~::~?i~: ~!So made l~?~i~s to deny the project and found the existing parking and pedestri:~Uto circul~a~?~f the parking facility to be cramped and congested, and that the devel&~ent of ~'scount gasoline station would only exacerbate this problem. The RHL ~ign Group, on behalf of Safeway, Inc., filed a timely appeal of the Commission~ecision. the City Council uphold the Planning Commission's decision to deny on those 13 findings and in addition, make one other finding that of traffic issues, denial of the project could be based on any one of the 13 s made by the Planning Commission." Regular City Council Meeting March 5, 2003 Page 2 of 10 Discussion followed with regard to details of the proposed project, potential impacts to the Gobbi/State Streets area with regard to traffic congestion, and comparison of the DANCO traffic study with RHL Design Group's traffic study. Traffic patterns,;:~::were · ' · h addressed related to the Social Serwces Departments expansion at t Shopping Center and the amount of traffic that would be generated from:.~?~AN~O: project as well as the proposed project. Public Hearing opened 7:10 p.m. Mr. Blythe Wilson, representing RHL Design Group!i?:~d~ised that his firm provided the: plans for the Safeway project and they felt that =~?Planningi,:iCommission overlooked some things in their assessment of the projec~,,;i?~i~:~,,i?~i::~s issu~ i~i~!~ted to clustering on the site, traffic issues, and the bike paths. Th~?~blf~'~the::~N'~:: project would have more of an impact on Gobbi Street than their projec~J?~:~;~:~:.~.~brmised that if the project were approved, the existing traffic impacted would be~=~=~i~imal because shoppers at Safeway would be able to obtain food and gas, thereby r~iDg othe;~?~uture trips for fuel. He noted that the visual i~Dact to the area would b~::'~:~[nimei~ ??He noted that Safeway fuel prices would be.=~~iDg, Qn the lower end of:'~:~ ~icing and would provide an additional savings:~~s~:~:~:~?~ea Safeway Club.~:~d. Chris Brown, Mendocino ~:'~nty ~'~:~Quality M~:~~iStrict's (District)Air Quality Planner, advised that if the project app d, the:~~ would need a permit from the District and install an enhanced ~~ ~ove~ sy~. The District's primary new concern would the~:~with traffic circ~~ and emis~:'~:~ns. Those speeEjng in ......... opp'es!~!on:~;::~:~;~' of the proj:~:?'~:~::::~'~::~:::~ .... ~em~'::~:::~:::~ Mike McCann, William French, Jr., Albe~ K~s, Daniel d~ ~a Peza, John ~ ~en, Al Beltrami, and Mike Babcock, ThoS~:::~:~P::~::iD:g in s:u~~;~be~:~p[ t:Were Steve Cra~ord, Jim Mulheren, and ' ::~ :.?::: :.~ :::. ~ :.~ ::::~ :~ ...................... ~ ~Pub:l. ic Hearing ~ d: 8:10 p.m. ::::::::~::::::: ..... ReceSs~:.8.11 p.m ReconV .~,:: ::~ 8:18 p.~ ?:?~ Councilme~r Smith disagreed with RHL Design Group's contention that that the project wou~?:not be a destination point and felt that the project would generate :':'::::: :~:::. :additional c~estion in the area. He opposed the project. ~ ?':~:ncil~::~ber Rodin was of the opinion that traffic would increase with a gas station a{:'~::~?~:~. She felt it would create a huge impact to pedestrians and those using the bik~:~iA:nes, thereby creating an unsafe condition. Regular City Council Meeting March 5, 2003 Page 3 of 10 Councilmember Baldwin was of the opinion that the site is a poor location for a fueling station and would increase traffic to the area. He commended the Planning Commission on their decision Councilmember Andersen thought the design was nice and appreci~ Safeway does for the community. He discussed potential impacts on businesses and that he is not supportive of big out of town firms wh~ stay in the community. He discussed the already congested ar between Main and State Streets and that the fueling station would Ily owned do not Mayor Larson discussed the removal of 24 housing uni expansion project. He discussed congestion in the are, higher priority for community. M/S Smith/Andersen denying the appeal filed findings of the Planning Commission and the denial of the project could be based on any Commission.", carried by the following roll call vot~ Andersen, Baldwin, and Mayor Larson. NOES: C( None. ABSENT: None. nc., based on the 13 less of traffic issues, by the Planning Councilmembers Rodin, Smith. ABSTAIN: Mayor Larson advised that ap intent to agendize a discus appeals of Planning more timely fashion. He voiced his ulations regarding ~sented t~'~'::the City Council in a 9. UNFINISHED BUSINESS 9a. Approval of Associati~ City Au( revi~ of the electric for the Russian River WatersheH advised thai'?":'~:::~isii:~ matter was originally discussed in and the Mem~ "~m has been discussed by Council and ,. The City ~ii~::~iah has been very active in making many budget where it states that it will not include lanager The state 9ral advised that there are many benefits associated with joining this receive expertise and advise from the Sonoma County backing of all the cities for requesting funding from the for projects that will be required of the City under the Section VI cess. City has been asked to be the Fiscal Agent for the Association and would ~ii~aid to hire a consultant. The City of Ukiah's duties would be condensed to the fiscal ~esponsibilities and reporting. She requested Council's approval of the MemorandU~'~and felt it will be of great benefit. The Inland Water and Power members have stated that they are supportive of joining the Association County has expressed its interest as well. C~ilmember Andersen inquired if there would be anything detrimental to the City or ':Mendocino County's interest by joining this organization relative to the entire Regular City Council Meeting March 5, 2003 Page 4 of 10 watershed. He also inquired if there would be opportunities for groups such as the Friends of the Russian River to join the Association. City Manager Horsley advised that they specifically discussed the fact that th get into issues that are "political". The Association would deal with com~ projects and work cooperatively together and would steer away from ' be controversial or may hurt another agency. She noted that a group the Russian River might be able to act in an advisory capacity with of M/S Andersen/Smith approving Memorandum of Understanding r~i[ding creati~ 0~ and participation in the Russian River Watershed Ass~iation, ':'~i:~:approva/':ef designation of the City of Ukiah as Fiscal Agent, carried::~ ~:,?~i',~,~ollowin:~":~"~oll call vote'!::~: AYES: Councilmembers Rodin, Andersen, Smith, BaldWi~!?"~nd'::~;':~ii~yor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Report Regarding the Current Status Public Utilities Director Barnes advised that the various generation sources and works with a number that electric demand is met through both generation and presentation to Council that outli transmission and the challenc are met in the future. City Manager Horsley explained ~:'~,~the last City is attempting to hold the The Public Utilities Department However, the increased. Ukiah owns portions of agencies to ensure provided a 3n and 9rs' needs was in 1995 and the )n in the current debt. job with the electric rates. Director ~i~::s dis{ g the contract with Western Area Po~'::i~uthority . He note might be more beneficial to the City to not le contra, to invest in itS~,~ generating capacity. CouncilmE the large electricity customers and advised that an building more capacity would be to initiate a more serious pro, in the City that would be geared toward large electrical users. the biggest users of electricity, he felt that the City with th~ of town businesses that have the resources and funds to provid~i?~n source. He requested that proposals be brought back to Council ~i~:year gard to finding ways to conserve energy, Cty Manag~Horsley d~scussed the C~ty s solar energy program for res~denbal users. She explain~that the Public Utilities Commission (PUC) charge for solar energy that is ;~:Currently ~i~g considered would not apply to the City of Ukiah, She noted that the City a lot of interest in the solar energy program and the conservation could target the commercial buildings because of their high usage. Regular City Council Meeting March 5, 2003 Page 5 of 10 Director Barnes responded to an inquiry by Councilmember Rodin with regard to options available for new sources of power by stating that the NCPA Commission is evaluating projects and staff needs to consider what the mix needs to be. Th~?,!~ng- term decision will need to be made very soon. It was the consensus of Council to receive the report. lOb. Consideration and Possible Action Regarding Ballot Mediates For November Election City Manager Horsley advised that several agenda sum.me~ rep°~ ~[om previ~ Council considerations regarding ballot measures that in~!i~=:~':~yoral ~estions war& included in the Staff Report. She discussed the attach,~f§ wit~::~:,~he staff repo~ Mayor Larson declared this a "town hall eating Mary Lindley, 700 E. Gobbi Street, read he;~ i~ ~o: ~ou;~¥~:~::~o the record. She stated that she would not be in favor of a standard ~i~i~:;~ the:'~::~e~ runner up to fill the vacancy and is against the proposal of electing the M::~~0 a four-year term. Councilmember Baldwin explai89~ that he liked Ms. Lind:i~?p.r~~d wording for the ballot measure with the exc, word "majority" bec~;~ ~'guarantee that a . majority elects one a primaw ~::~?:~at only two people would be running for office a m~ Councilmember Rodin inquired if~?~:~he ....................... ould we chose to elect all Councilmembers and the proces~?~ ~b~?~;~;:~Pointing~;?~6 Mayor from the elected Councilmembers :is~:a::~grocedural maE~~{:"would be ~cided by the Councilmembers. City Clerk;Ui~fia exPi::~hed to Council ~{~t.:dB~ing the last election the City AEorney advise~ ::~?{he wording ~a ballot meas'~ i~:;~:defined by law and needs to be worded a ceAa!~ ~y. The City ~orney will need ~:'~Provide the argument in favor of the ballot Discussion foil with regard to options for wording of a ballot measure for the · . s position. ..... histow of how the current system came about. He propose~?~ ~at the que~ to the voters be "Shall all five City Councilmembers be elected to f~;~[~year te~:s and shall the office of Mayor be appointed by the City Council from among ~ five elected City Councilmembers?" William Fr~h was suppoAive of the Mayor being elected by the voters and felt that if incum:~ht runs for the Mayoral position, he/she should resign their seat as ~::~Uncil~:~ber. He felt there is a need to educate the public with regard to the duties °{:'::::~;i~:::~:Jly Council and the Mayor and the current issues involved with the Mayoral Regular City Council Meeting March 5, 2003 Page 6 of 10 Dotty Coplen voiced her support of having five elected City Councilmembers and a one-year rotation of the Mayor's position from among those five. : Upon an inquiry, City Clerk Ulvila explained that the November 2003 ele~i~ ~i!l consist of Special Districts and it is unknown at this time how many would paCific'ate:?: Councilmember Andersen voiced his support for electing the Discussion followed concerning whether to present a ballot m~ to th~"~?, rs during a primary election or during the November election. A two-yee~:~s oppose~i~ four-year term limit for Mayor was discussed Councilmember Baldwin discussed the option of current electoral system so that a person would challenge another hasa different vision. was supportive of including a measure on the November 2004 to increase th:b Transient Occupancy Tax (TOT) to 10% if the~ ' n ,o sensus:~of how the TOT would be used Mayor Larson summarized that there is a cons( ~ rsue a ballot measure to resolve the issue of whether the Mayor should be a se He was in agreement that just that ballot me~,~re should be presente( and that the voters may become confused if~ of forming a Mayor's commission to res~ M/S Baldwin/Smith providi~:g opinion from the City Attorney with regard to the wording and to report back in a few months regarding the the N~ 2003 election versus the March 2004 elec~,Qn ~:in: relation to wh~ or not it w~:bld apply to the November 2004 election; carri~ ~y?:iiii~ following roll c~ii ~ote: AYES: Councilmembers Rodin, Smith, Baldwin, a:n,~ ~yor ~:n. NOES: ~n~ii~ember Andersen. ABSTAIN: None. ABSEN~:~:: :~ne. ~: '::':i? .... ...... 10. 10c. Introi Section 7154.5 to the Ukiah City Code Prohil Parking of Vehicles Six Feet or More in Heiqht on Certain ons Thereof dis( since the local California Department of Transportation (CHPi:'~?~:~mander this item, he read the report and wanted to disclose that his wife :~S for the ~i~P~Office. Deputy DireCtor of Public Works Seanor advised that the local CHP office has requested p~ission to restore on-street parking in the vicinity of 540 South Orchard Avenue wit~ ~e restriction that vehicles over six feet in height not be allowed to park in ~'~[o.nt of the,~,~P/Department of Motor Vehicles (DMV) office. If adopted, the Ordinance We~!d ~!!~ throughout the City and is intended for commercially zoned areas. A r~!~' specifying the location of the proposed parking restrictions would be presented to Council for consideration. Regular City Council Meeting March 5, 2003 Page 7 of 10 Discussion followed with regard to the height limitation and how it would affect vehicles such as SUV's and vans. It was noted that the restriction would only apply in commercial areas as defined by Resolution. The Ordinance would also allow ad~itiQnal parking on South Orchard Avenue with the exception of vehicles over six feeti~ Future consideration of height limitation along State Street was discuss~!::~ :':~oU:~:~ii:~ discussed the fact that a Resolution should specify the locations for enfor ~:nt. ..... MIS Smith/Rodin introducing Ordinance by title only, carried by tb~';;,:,fbilowi~'~:; ~Q!I call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin;:?:::::::~d Mayor?~SOn. NOES: None. ABSTAIN: None. ABSENT: None. City Clerk Ulvila read the title of the Ordinance,' "An O~::~!~~,~:pf::'::~::~::;~ .... the 'City Council. of the City of Ukiah adding Section 7154.5 to the Ukiah Gi~i'?Ood~'~':',~iohibiting the p,,ark~ng of vehicles that are six feet or more in height on certa,i~ ~{~:eets or pOrtions thereof M/S Smith/Rodin introducing Ordinance, carn I call vote: AYES: Councilmembers Rodin, Andersen, Smith, NOES' None. ABSTAIN: None. ABSENT: None. 10. NEW B U S I N E S S 10d. Report Recjardin~ Russia, Biological Asses~~t,~:F!~:~'Alternatives City Manager Ho-rsley - Section 7 a biologi'~ii~::~ssment needed to be conducted. The do( ,nd she has a [e~',~:: in summary form. This will be one of the deci: .........Fish~::~ Service (NMFS) will make regarding the City's dam an( the (1) existing decision 1610 (D1610), (2) the natural fl( enh~ :natural flow proposal, (4) enhanced natural flow with ad~ res, ~?::~(5) the D1610 with pipeline proposal. They h~ej~dicated that thi ~nde~'::flow alternative to MNFS would be the enhance~ ~~!~,~!ow proposed ~3) and. staff concurs with Sonoma County that option #3 W~i~::be b~:'~ii iShe noted th~ ~eY ~re currently working on reclamation of water in.:,t~i~?':~area for ag~i~altural purpose:~ ~ i~:at the water that does go south can be used fo'~ ~man consum~n, i~,;i:' Mayor County owning water in Lake Mendocino and it being most at the time when the flow rates have to be restricted the most ~nths. If they run too much water down the river, too many fish Ther~ more of a problem for Sonoma County to utilize the ~y have Lake Mendocino. City Mana:~,:Horsle~:~i:,~Xplained that, according to the Sonoma County Water Agency, they don't ~ Lake Mendocino water because Warm Springs Dam would be able to supply wate~ ~ them for at least 10 more years. They have been discussing taking the water during~:~e winter months and reintroducing it to the aquifers and storing it so that ~ere woui!~ :';~e more water during the summer because they would have enhanced i~ro u ndi~ a q u if ers. 10i~i;: :~~ ~?: ~ N EW a U SIN E S S loe' Adoption of Resolution Establishing Agenda Order for Council Meetings Regular City Council Meeting March 5, 2003 Page 8 of 10 City Manager Horsley advised that at the February 5th meeting, the City Council changed the "Public Hearing" timed agenda item from 7:00 p.m. to 6:45 p.m. and directed that a policy resolution amending the agenda order be consideration. M/S Baldwin/Smith adopting Policy Resolution 32 establishing the age~ order t~ Council meetings in accordance with the requirements of the Procedure~'~:~!??~:,~n:duct for City Council meetings, carried by the following roll call vote: AYE~i:~::~:~"~un~i~i~bers Rodin Andersen Smith Baldwin, and Mayor Larson NOES: Non~'~i~"?ABSTAIN~! N0ne. ABSENT: None. 11. COUNCIL REPORTS Co~mb~en reported that he attended: ~i!~?~ur~ii~'?~ommunities Housing Development Corporation (RCHDC) dinner. They h~ ~ne phenomenal things during the past year in the community with regard to existing Iow-income housing that was slatedii'~::il ~igo into ~'?.,private market. In preparation for the budget meeting scheduled ..... 19~ii ~'~:~':~':i~ntacted Bryan Barr at the League of California Cities and he has ag a presentation to Council concerning the state budget process and the' S. of certain proposals that affect local governments. Counc,,..e= er ,e .,o ers Council's Elected Officials Re ':~==~:="~:~ ~,~,~,:~:~he only Coun~ii!~:mber present. He was unable to attend the ~'==~'~i~eting ::::~i!iiiii~~ 27'~ d~?'io illness. Tomorrow morning he plans to attend the Mai'~i~,i!!Street Councilmember Baldwin reported he attended the Board of Supervisors' meE The terms the~ ..:i~ere using abbut the Inland Water and Power Commission fascinating.:?~i?i~ii~ St[etch and Supervisor Shoemaker were most radica!'~?~:~i~,~"::::':their c~ents about ~$~ing the IWPC as an obstacle to their plans fo[~:~?':':i~igorous a~:::Powerful Uen~!~:,~~:~ County Water Agency. He felt their comme~;were slightl~?~::;'~ontentious eve~i?:'ihough the majority of the people there see~::t~: ~pport it~:.::i?~ ~~,,:~,,~hem:'::that this City Council unanimously supported its participaii~ in i!i~ording. ~,:,~ygr Larson ~~ed that he attended the morning session of the Board of :~?,'?~~isors meetin'~'?:~=, feE~',~:~hat the City needs to hold its ground. He also attended the ~;~:~C dinner. ':~'~,i~ii,,,:~rning he and the City Manager attended a meeting of Mayors :~:City Ma~::~, which involved a presentation by a coalition of business people, m~i~ the M~'~'~ocino Alliance, that consists of hotel and lodging businesses. They are pU~i~g together a proposal that involves a self-assessment of lodging facilities and possibl~?:~ther tourist related enterprises to fund countywide promotional things. They are asking for involvement by local government (cities and the County) in forming ~::busine~ ii~provement district would not be tied to the Transient Occupancy Tax T) b~::~ould be a separate assessment. The terms are yet to be determined. They government to collect the money. The funds would go directly toward prOi~tional activities. They discussed what government's responsibilities and acCOuntability would be. They will be making a presentation to the City Council with Regular City Council Meeting March 5, 2003 Page 9 of 10 regard to some sort of buy in to the proposal. He felt the proposal has tremendous potential for stable funding for a broad based, promotional program for the County and separate from the General Fund. The City and the stakeholders would have vetg~,~ig:hts and could withdraw at any time. 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that she provided Council with the list,~:~ii~f ~anizations and people that were sent a copy of the Resolution regarding the~ ?' Sh~ii~,':~, with Supervisor Richard Shoemaker about meeting with the City Coufi~ii ~° discuS~::~'i~es relative to Ukiah citizens and inquired of Council as to how the m~g,. should be :~set up. The meeting is scheduled for April 2® prior to the regula~Council ~ing. Discussion followed regarding whether to meet with Su;~~°~:?:~Oemaker individually or in a public session with the full Council present. !~:~a~' the consensus of Council to have a full Council present and meeting informally~:=~:~?~°nferee~e Room ~3 at 5:00 p.m~ on April 2nd .... Ci~ Clerk Ulvila reminded Council that FPPc F~'~::::?,~:::: statement of Economic Interests are due in her office on April 1, 2003. The ~':~/fi~e:~to recruit a candidate for appointment to the Libra~ Adviso~ Board has been sedf?~/.~/~..:the me~ia on a weekly basis. No applications have bee~mceived to date and th~'?~;~dlia~:~:~r submiEal is March 13t' at noon. She also i~ed Council to recycling~:~'~i~es provided by City Manager Horsley tha~d S~Johnso~:~~ ~i~g~he meeting in the absence of City A~orney Rappo~. ~ ?:: ??:::' .......... ~: ~?: Mayor Larson ad~i~that he orderea~bw compute~ and will on line soon. 13. CL ~SSl ~ ~ :~:~/~:~: N o n e .... There bein~::~u~?~i~?~ ~: Council meeting was adjourned at 10:38 p.m. Regular City Council Meeting March 5, 2003 Page 10 of 10 MEMO Agenda Item: 5b TO: FROM: Honorable Chairman and Commissioners City Clerk Marie Ulvila ~ SUBJECT: City Council Minutes: Special Meeting of March 19, 2003 DATE: March 28, 2003 The Draft Minutes of the March 19, 2003 City Council special meeting will be delivered to Council for review on Monday, March 31,2003. Memos: CC32803 - minutes Item No. 7a Date: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL RELATIVE TO EXECUTION OF ANNUAL LETTER OF AGREEMENT 03-SNR-00555 BETWEEN THE CITY OF UKIAH AND THE WESTERN AREA POWER ADMINISTRATION FOR THE PURCHASE OF EXCESS CAPACITY In 1995 the Western Area Power Administration (WAPA) expressed concerns that the generating units at Shasta Dam were in major need of repair. Maintenance had not been done on the units for several years due to the lack of funding by the Bureau of Reclamation, who is responsible for operation of the dam. Since a major portion of the power marketed to WAPA customers is generated at Shasta Dam, any major outage would significantly impact the cost of power. As a result, an agreement was reached that would allow WAPA customers to fund generator improvements at the Dam. These improvements would have the affect of increasing generation output from the units, making additional capacity and energy available. In consideration for funding these improvements, those customers who participated were granted a right to a pro-rata share of any increased capacity and associated energy. Since the City of Ukiah relies on power generated by the WAPA for approximately 20% of our generation, any loss of WAPA power would have a major impact on the City's cost structure. The City of Ukiah's share of the cost for the improvements was $105,875. This agreement was approved by the City Council on June 7, 1995. As a result, the City of Ukiah has the opportunity to purchase any excess capacity of energy when available from the Shasta Dam project, until the repair is fully amortized, in approximately 20 years. (Continued of Page 2) RECOMMENDED ACTION: Receive Notification of Staff's Execution of Letter of Agreement 03-SNR-00555 for Purchase of Excess Capacity and Energy from the Western Area Power Administration. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff as to Alternative Action. Citizen Advised: Prepared by: Coordinated with: Attachment: N/A Darryl L. Barnes, Director of Public Utilities Candace Horsley, City Manager 1) Letter of Agreement 03-SNR-00555 AP PROVED.~,~ Candace Horsley, C~Manager NOTIFICATION TO COUNCIL RELATIVE TO EXECUTION OF ANNUAL LETTER OF AGREEMENT 03-SNR-00555 BETWEEN THE CITY OF UKIAH AND THE WESTERN AREA POWER ADMINISTRATION FOR THE PURCHASE OF EXCESS CAPACITY April 2, 2003 Page 2 The City of Ukiah has executed an annual agreement with WAPA for this excess capacity and energy since 1995. This Letter Agreement gives the City of Ukiah the right to purchase one-half of one percent (.5%) of any excess capacity and associated energy available from Shasta Dam from April 1, 2003 through March 31, 2004 on a daily basis. This Agreement does not obligate the City of Ukiah to purchase the excess capacity and energy. However, when excess capacity under this agreement is available, we are able to replace higher cost generation. Excess capacity and energy under this agreement costs $21.21/Mwh compared to our average cost of generation of $60.00/Mwh. Therefore, the City of Ukiah has participated in this program since 1995 and has utilized the excess capacity and energy from this program to obtain operational savings. However, the availability of the excess capacity and energy is dependant on water conditions that allow full generation. Therefore, there has not been any excess available since 2000. Due to the short time period between receiving this agreement and the date required for execution of the agreement, on April 1,2003, staff obtained permission from the City Manager, for the Director of Public Utilities to execute the agreement and then notify the City Council of this action. No funds will be expended for this agreement and the City is not obligated to purchase any capacity or energy. Department of Energy Western Area Power Administration Sierra Nevada Customer Service Region 114 Parkshore Drive Folsom, California 95630-4710 Letter of Agreement 03-SNR-00555 Mr. Darryl L. Barnes Public Utilities Director City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Dear Mr. Barnes: This Letter of Agreement 03-SNR-00555 (LOA) is made between the Sierra Nevada Customer Service Region (SNR) of the Western Area Power Administration (Western) and the City of Ukiah for SNR to provide Shasta Rewinds and daily excess capacity and associated energy to Ukiah. SNR and Ukiah agree to the following terms and conditions: 1. This LOA shall become effective on April 1,2003, and shall remain in effect through March 31,2004, except as otherwise provided in Sections 13 and 16 herein. All obligations incurred under this LOA shall be preserved until satisfied. 2. Excess capacity and associated energy shall be made available as follows: 2.1 Shasta Rewinds Excess Capacity (SREC): 2.1.1 Ukiah will be allocated its percentage share (0.5%) of SREC as a result of participating in the Shasta Rewinds project in accordance with Contract 94-SAO-00047. Allocations will be based on the weekly average additional capacity available as determined in Contract 94-SAO-00047. SNR will offer SREC with at least a 50 percent capacity factor; however Ukiah can preschedule SREC at less than a 50 percent capacity factor. The capacity factor associated with SREC shall not be more than 67 percent, unless agreed to by the Parties. 2.1.2 Five days prior to the beginning of each month, SNR will evaluate the upcoming estimated generation forecasts. Based on that evaluation, SNR will determine whether it is more beneficial to SNR to have Ukiah purchase or return the energy associated with SREC. SNR will notify Ukiah in writing by facsimile or electronic mail whether SNR will make the energy associated with SREC available on a purchase or return basis. If SNR offers SREC as a sale, it will be at the rates provided in Exhibit D to this LOA. If SNR offers SREC on an exchange basis, SNR will notify Ukiah in writing by facsimile or electronic mail of the terms and conditions for the return to SNR of the energy associated with the SREC. 2.1.3 On Thursday of each week, by 3:00 p.m., SNR will notify Ukiah of the amount of SREC and associated energy available for the following week (Monday through Sunday). 2.2 Daily Excess Capacity (DEC): 2.2.1 Five days prior to the beginning of each month, SNR will evaluate the upcoming estimated generation forecasts. Based on that evaluation, SNR will determine whether it is more beneficial to SNR to have Ukiah purchase or return the energy associated with DEC. SNR will notify Ukiah in writing by facsimile or electronic mail whether SNR will make the energy associated with DEC available on a purchase or return basis. If SNR offers DE(3 as a sale, it will be at the rates provided in Exhibit D to this LOA. If SNR offers DEC; on an exchange basis, SNR will notify Ukiah in writing by facsimile or electronic mail of the terms and conditions for the return to SNR of the energy associated with the DE(3. 2.2.2 SNR will notify Ukiah of the total amount of DEC and associated energy available to Ukiah each day during the term of this LOA. 2.2.4 Ukiah will have the right to request all or a portion of the DEC and associated energy available to Ukiah. 2.2.5 SNR's preschedulers will confirm the requested amount, or a lesser amount, depending on the amounts' requested and the criteria in Section 6. 3. SREC and DEC and associated energy may be curtailed to the extent required by an outage of one or more Central Valley Project generating units affecting SNR's ability to provide some or all of the SREC and DEC and associated energy for the duration of the outage. SREC and DE(3 may also be curtailed to the extent required by increased project use pumping which reduces the amount of SRE(3 and DEC and associated energy available. SREC and DEC and associated energy may also be curtailed to the extent required by either a reduction in transmission capability on the California-Oregon Intertie affecting SNR's ability to import power from the Northwest or a reduction in the transmission capability on the Central Valley Project transmission system. To the extent that SNR must curtail deliveries hereunder, SNR will immediately notify Ukiah and will reduce Ukiah's schedule at the commencement of the next applicable scheduling hour that begins at least 30 minutes after the notification. SNR will determine the extent to which it curtails the SREC and DEC and associated energy. If necessary, curtailments will first apply to DEC, then to SREC. 4. The receipt of SREC and DEC and associated energy shall not reduce Ukiah's obligations to take its minimum annual energy entitlement and capacity requirements provided under existing contracts between Western and Ukiah and/or the Northern California Power Agency (NCPA). The 35 percent minimum take requirement set forth in NCPA's scheduling contract applies to NCPA's entire maximum coincident allocation as it is defined in such contract. 5. Exhibit A sets forth the authorized representatives for Ukiah and SNR for scheduling and real-time transactions. 6. Ukiah may request an amount of SREC and DEC and associated energy, in accordance with Exhibit B, not to exceed the balance of its unmet expected peak load for the month after adjustment for its current contract rate of delivery. Ukiah's peak load shall not include wholesale sales for resale. Ukiah shall provide its expected peak load forecast for a month by the 20th day of the preceding month. 7. SREC and DEC will be scheduled on the day and by the time specified in Exhibit B. Once scheduled, any changes to scheduled quantities requested by Ukiah shall be implemented only if agreed to by SNR. 8. Ukiah will not schedule amounts of SNR preference products, including commercial firm power, SREC and DEC, in excess of its load. 9. SREC and DEC and associated energy will be delivered to the point of delivery designated in Exhibit C. Transmission service beyond the point of delivery shall be the responsibility of Ukiah. 10. Subject to Sections 2.1.2 and 2.2.1, if SNR sells the SREC and/or DEC to Ukiah, SNR will bill Ukiah for SREC and/or DEC based on the scheduled energy. In the event that SNR curtails either SREC and/or DEC, Ukiah will be required to pay for only that amount of SREC and/or DEC actually received. Exhibit D specifies the rate for SREC and DEC provided hereunder. 11. In order to ensure SNR's ability to continue to provide reliable, firm electric service to all of its preference customers, Ukiah hereby agrees to pay all or a portion of its bill under this LOA, as described herein, directly to SNR's power suppliers. 11.1 Ukiah and SNR agree that Ukiah assumes no obligation to the specified power suppliers for such payments and that they are made as an administrative and accounting accommodation to SNR. Ukiah and SNR further agree that all obligations for supply of Ukiah's power allocation hereunder remain with SNR. 3 12. 11.2 SNR shall determine the amount of Ukiah's bill under this LOA to be paid to power suppliers. Such amount shall be deducted from Ukiah's bill under this LOA. In no event shall Ukiah be obligated to pay an amount in excess of its bill under this LOA, based on scheduled or actual use quantities. 11.3 Any failure to pay a power supplier in the time period specified on Ukiah's bill shall constitute nonpayment of a portion of Ukiah's bill and shall be subject to the General Power Contract Provisions attached hereto for nonpayment of bills in full when due. 11.4 Agreement by Ukiah to pay a portion of SNR's power purchase contract obligations shall not be contingent upon Congress making appropriations for expenditures by Western for such power purchase contract. Billing and payments for the power provided hereunder shall be as follows: 12.1 Billing and payment for power provided pursuant to this LOA shall be in accordance with the Billing and Payment provisions (Article 13) of the General Power Contract ProviSions attached hereto. Bills shall be sent to Ukiah at the following address: City of Ukiah Public Utilities Attn: Accounts Payable 300 Seminary Avenue Ukiah, CA 95482-5400 12.2 In accordance with Section 11 above, SNR shall notify Ukiah of the power suppliers, amount to be paid to each power supplier, and all other necessary information, by specifying that information on Ukiah's bill. 12.3 Ukiah shall pay the designated power suppliers the amounts due within the payment period specified on its bill. 12.4 Ukiah shall make payments to the power suppliers by an electronic transfer of funds or check, at the option of Ukiah, unless otherwise agreed between SNR and Ukiah. Ukiah shall send the documentation of payments sent to designated power suppliers to SNR as soon as practicable. 12.5 Payments due to Western may be wired for electronic transfer deposit to Western's sub-account (American Bank Association No. 021030004, Subtype 10) of the Treasury Department's account with the Federal Reserve Bank in New York City, (BNF = AC-89001602). SNR will include account number information with the bill. Ukiah may also send payments in check form to the following address: Department of Energy Western Area Power Administration File No. 51587 Post Office Box 60000 San Francisco, CA 94160-1580 12.6 If agreed to by the Parties, SNR may credit monthly amounts due Ukiah for power sold to SNR, under various contracts SNR may have for purchasing power from Ukiah, against the amounts due to SNR under this LOA. In the event the amount due by Ukiah to SNR is less than the amount owed by SNR to Ukiah, then SNR shall pay the difference to Ukiah. In the event the amount due by S~R to Ukiah under those purchase power contracts is less than the amount owed by Ukiah to SNR under this LOA, then Ukiah shall pay the difference to SNR. 13. In the event that Contract 14-06-200-2948A is terminated, this LOA shall terminate concurrently; Provided, That all outstanding energy return and payment obligations incurred prior to termination of this LOA shall be preserved until satisfied. 14. The Authorized Representatives; Posting, Response, and Confirmation Time Schedule; Point of Delivery; and the Rate for SREC and DEC with Associated Energy are set forth in Exhibits A, B, C, and D, respectively. Exhibits A, B, C and D are attached hereto, and each shall be in force and effect in accordance with its terms until superseded by a subsequent exhibit or termination of this LOA. 15. The General Power Contract Provisions dated July 10, 1998, attached hereto, are hereby made a part of this LOA the same as if they had been expressly set forth herein; provided, That Articles 20 through 30 shall not apply. 16. Either Party may terminate this LOA upon a thirty-day written notice given to the other Party. If you are in agreement with the terms and conditions written above, please indicate your approval by signing and dating both originals of this LOA, and return one original to Gloria Davis (N6205) at this office. If you have any questions, please contact Jeanne Haas at (916) 353-4438, or Hiroshi Kashiwagi at (916) 353-4477. Thomas R. Boyko Power Marketing Manager In Duplicate Seal CITY OF UKIAH f "~ . .,~ .... , Title: ~_~~~ ,-~",~~~ Address: Attes~:~ ~ . . ~- ~ ~ _ -- / ~ ' . City of Ukiah Exhibit A to Letter of Agreement 03-SNR-00555 EXHIBIT A (Authorized Representatives) 1. This Exhibit A, made to be effective under and as a part of Letter Of Agreement 03-SNR-00555 (LOA), shall remain in effect until superseded by another Exhibit A or upon termination of this LOA. 2. SNR's authorized representative for scheduling transactions shall be its preschedulers, who can be contacted by telephone at (916) 353-4091 or (916) 353- 4092, by fax at (916) 353-2210, or by electronic mail at presched@wapa,gov. For real- time transactions, SNR's dispatchers are the authorized representatives. Ukiah can contact SNR's dispatchers at (916) 353-2200. 3. The authorized representative for scheduling or real-time transactions for Ukiah shall be its scheduling agent, the Northern California Power Agency, who can be contacted by telephone at (916) 781-4281, by fax at (916) 781-4239, or by electronic mail at kevinm @ ncpa.com. City of Ukiah Exhibit B to Letter of Agreement 03-SNR-00555 EXHIBIT B (Posting, Response, and Confirmation Time Schedule) 1. This Exhibit B, made to be effective under and as a part of Letter of Agreement 03-SNR-00555 (LOA), shall remain in effect until superseded by another Exhibit B or upon termination of this LOA. 2. The following table outlines the normal sequence of events, provided there is no prescheduling holiday, observed by SNR and Ukiah, during a particular week: If daily excess capacity is available on: SNR posts the amount available to Ukiah by 12:00 p.m., Ukiah responds by 1:00 p.m., SNR confirms the amount by 3:00 p.m. on Ukiah schedules by 9:00 a.m. on the prior: Sunday Monday Tuesday Wednesday Thursday Friday Saturday the prior: Thursday Thursday Friday Monday Tuesday Wednesday Wednesday Friday Friday Monday Tuesday Wednesday Thursday Thursday 3. SNR reserves the right to modify this Exhibit B if SNR deems it necessary. City of Ukiah Exhibit C to Letter of Agreement 03-SNR-00555 EXHIBIT C (Point of Delivery) 1. This Exhibit C, made to be effective under and as a part of Letter of Agreement 03-SNR-00555 (LOA), shall remain in effect until superseded by another Exhibit C or upon termination of this LOA. 2. SNR, under terms and conditions stipulated in this LOA, will furnish excess capacity and associated energy to Ukiah at the Tracy 230-kV Substation at a delivery voltage of 230 kV. 3. Delivery of excess capacity and associated energy to the point indicated will be subject to available transmission capability. City of Ukiah Exhibit D to Letter of Agreement 03-SNR-00555 EXHIBIT D (Rate for SREC and DEC with Associated Energy) 1. This Exhibit D, made to be effective under and as a part of Letter of Agreement 03-SNR-00555 (LOA), shall remain in effect until superseded by another Exhibit D or upon termination of this LOA. 2. The rate for SREC and DEC with associated energy shall be comprised of: 2.1 The estimated Pacific Gas & Electric Company's full thermal production rate (at the time of the excess capacity sale) used to determine Energy Account No. 2 transactions, currently 20.16 mills per kWh; 2.2 An administrative adder of 0.5 mills per kWh; 2.3 The Central Valley Project nonfirm transmission rate of 1.0 mills per kWh; and 2.4 Any additional purchase power or other costs incurred by SNR due to decisions made to the benefit of the excess capacity program. SNR will assess this charge after the fact, once all costs are determined. 3. SNR may change the rate for SREC and DEC with associated energy by giving Ukiah 30 days advance written notice. SNR will modify Exhibit D to reflect the change in rate. AGENDA SUMMARY ITEM NO. 7b DATE: April 2, 2003 REPORT SUBJECT: AWARD OF BID FOR ONE 100 KVA AND THREE 167 KVA PAD MOUNT TRANSFORMERS IN THE AMOUNT OF $15,931.99 TO WESTERN STATES ELECTRIC The formal bid process was followed in sending a Request for Quotation (R.F.Q.) to five suppliers for two different size transformers. Three formal bids were opened by the City Clerk on March 26, 2003, at 2:00 p.m. These bidders were: o WESTERN STATES ELECTRIC (bidding on both Cooper & Pauwels) G.E. SUPPLY COMPANY STEVENS, MCCAARTHY, LANDCASTER, LLC Bids were evaluated on price, delivery time, load losses, dimensions and availability of circuit protection. The bids are total cost, including tax and shipping. Based on staff's evaluation the lowest compliant bidder is Western States Electric (Cooper) as summarized in the attached table. The transformers will be placed in warehouse stock and will be charged out on a project-by-project basis. They have been budgeted in the 2002/03 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award bid for one 100 KVA and three 167 KVA pad mount transformers in the amount of $15,931.99 to Western States Electric (Cooper) ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re- advertise and re-solicit bids. Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: 1. Bid Tabulation Candace Horsley, City l~anager ~ou~ I-I 0 r~ 0 H 0 ~H O0 ~0 ~ O0 ~0 O~ 0 AGENDA SUMMARY ITEM NO. 7c DATE: April 2, 2003 REPORT. SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR STREET STRIPING 2002, SPECIFICATION NO. 02-16 SUMMARY: Funding for this project was approved in the fiscal year 2002/2003 budget in the amount of $28,000 in account number 100-3110-250-000. The City Council awarded the contract on September 4, 2002 to Riley's Striping of Benicia, CA (contractor) in the amount of $18,930.56. The work of the contract was completed by the contractor in substantial conformance with the approved plans and specifications on March 19, 2003. The final contract cost based on actual street footage striped and the approved contract change order is $24,541.06. Final payment of the 10 percent retention will be made to the contractor after 35 days from the date the Notice of Completion is filed with the County Recorder. RECOMMENDED ACTION: 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Street Striping 2002, Specification No. 02-16. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works.~~ Candace Horsley, City Manager 1. Notice of Completion APPROVED~ Candace Horsley, City k~nager AG-NOC-Spec-02-16.SUM 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 Street Stripin.q 2002, Specification No. 02-16 of all said owners is that of fee simple. . That on the 19th day of March 2003, the Contract work for this project was actually completed. . That the name and address of the Contractor is Rile¥'s Stripin.~, PO Box 1188, Benicia, California, 94510-4188. . 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 identified as various streets within the City of Ukiah. City Council Approval CITY OF UKIAH, a Municipal Corporation By: DATE MARIE ULVILA, City Clerk DATE STATE OF CALIFORNIA') COUNTY OF MENDOCINO) I, 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 this day of ,2003. PEGGY YEE, Notary Public in and for the County of Mendocino, State of California AGENDA SUMMARY ITEM NO. 7d DATE: April 2, 2003 REPORT SUBJECT: APPROVAL OF PURCHASE OF BUCKET TRUCK FOR PARKS DEPARTMENT FROM THE CITY OF SANTA CLARA FOR THE SUM OF $20,000 AND APPROVAL OF BUDGET AMENDMENT The Parks Division is in need of a bucket truck to complete tree trimming within the parks at extended heights. Regular maintenance is not usually conducted at extended heights because of the lack of an aerial lift. The purchase of this vehicle will allow the Parks Division to take a proactive approach to the maintenance of trees and respond quickly to a number of emergency situations that arise during the winter months. Currently, the division utilizes tree trimming companies for emergency work at a cost of more than $7,000 per year. This amount is projected to increase substantially due to the age of many of the existing trees and the large number of new trees planted through recent grant programs. With the purchase of the bucket truck, staff hopes to stabilize these rising costs by completing all work less than 55 feet in height with City employees. Through an inquiry of other California cities' resources, staff has located an appropriate vehicle being transferred to surplus status by the City of Santa Clara. The City of Santa Clara has agreed to sell the vehicle to the City of Ukiah for $20,000. Though this equipment was not included in the current budget, there is fund balance in the Parks portion of the Equipment Replacement Fund (Fund 698) to pay for this vehicle. Additional expenses for training and vehicle maintenance are estimated at $2,000 per year and will have to be included in future budgets. Staff requests Council approval of the purchase and a budget amendment to authorize the expenditure in this fiscal year. RECOMMENDED ACTION: Approve purchase of Bucket Truck for the Parks Division from the City of Santa Clara For The Sum Of $20,000 and Approve amendment to 2002-2003 Budget authorizing expenditure of $20,000 in account 698.6001.800.000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and remand to staff with direction. Citizen Advised: N/A Requested by: N/A Prepared by: Tom Hamblet, Parks Supervisor and Sage Sangiacomo, Community Services Supervisor Coordinated with: Larry DeKnoblough, Director of Community Services, Mike Harris, Risk Manager/Budget Officer, Candace Horsley, City Manager Attachments: 1. Budget Amendment Worksheet AP PROVEEk~ '~"'*"'~~ Candace Horsley, City M~'~ger :::) 0 ~ ~ o > E E UJ ~ 2~ .2 ~ ~ ~ o ~ ~ ~ ~.~ ~ o o o ~ 8 o~ -- ~ 0 0 I W '-- O o ~ ~ ' ~ o~ o~ '~ ~ ~ = ~ Om.~ ._~Om~ -- 0 ~ ~ ~0 ~ ~ ~ ~ ~ 0 ~ ~ '-~ 2~ = ~ ~ ~ ~ ~ ~C~ ~ 0 ~0~ x Q x Q 000000 0000 .... ~~s~''eg' ~g~ ~~oooo~~ ~°°°°~ o:oo~ ~g gg :Oo o~oo oo ~oooo ~ ~ ~oooooooo 0~000~0000 x~O00 xO xO xO0000000 .... ~ ~ ~ ~~ ~ '~ ........ ~~o ~ ~ ~~ ~ ~ ~oooooooo~o~o~o ~ ~ . ~ . ~} .~ , · . 0 0'0 0 0 0 0 0 ~ ~ 0 ~ ~ 00~ 0 : '. : : : '. : : : ', : : ', : : : : ', : : : ', ', : : : : : E < '-~ ~ ~oo ~ ITEM NO. 7e DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF A NETWORK/APPLICATION SERVER FROM DELL MARKETING L.P. IN THE AMOUNT OF $5,067.56 SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the acquisition of a network/application server as budgeted in account 698.1965.800.000. The Information Technology Department issued a Request for Quotations and three bidders responded. The respondents were: Dell Marketing L.P. - $5,067.56, Gateway Companies Inc. - $6,525.00, and IBM Corp. - $7,317.67. After careful consideration of the bids received, a Purchase Order was issued to Dell Marketing L.P. located in Round Rock, Texas. RECOMMENDED ACTION: Receive Report Regarding Acquisition Of A Network/Application Server, From Dell Marketing L.P. In The Amount Of $5,067.56. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Paulette Klingbeil, MIS Coordinator Coordinated with' Nora Kennedy, Purchasing Supervisor and Candace Horsley, City Manager Attachments: None andace Horsley, City M~ger 7f ITEM NO. DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF VOICE & DATA CABLING MATERIALS AND INSTALLATION SERVICES, FOR THE CIVIC CENTER ADDITION, FROM TELECOM SERVICES CO., UKIAH, CA IN THE AMOUNT OF $7,853.83 Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the noted section this report is submitted to the City Council regarding the acquisition of voice & data cabling materials and installation services for the Civic Center Addition from expenditure account 100.1965.800.000. The Information Technology Department issued a Request for Quotations and two bidders responded. The respondents were: Siemens Information and Communication Networks, San Ramon, CA - $11,552.06 (voice only), and TeleCom Services Co., Ukiah, CA - $7,853.83. After careful consideration of the bids received, a Purchase Order was issued to TeleCom Services Co. RECOMMENDED ACTION: Receive report regarding acquisition of voice & data cabling materials and installation services for the Civic Center Addition from TeleCom Services Co. in the amount of $7,853.83. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Paulette Klingbeil, MIS Coordinator Coordinated with: Nora Kennedy, Purchasing Supervisor and Candace Horsley, City Manager Attachments: None Candace Horsley, City'~anager ITEM NO. 7§ DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO TOTAL WASTE SYSTEMS FOR PICK UP AND DISPOSAL OF BIOSOLIDS FROM THE WASTEWATER TREATMENT PLANT IN THE AMOUNT OF $31.00 PER TON The City of Ukiah's Wastewater Treatment Plant treats and processes approximately 900 tons of Class "B" Biosolids annually. The Biosolids have to be removed from the plant and treated offsite to meet operational requirements. Requests for bids were sent to Lone Tree Trucking of Byron CA., Synagro Inc. of Oakland CA., and Total Waste Systems of Santa Rosa CA. for pick up and disposal of the Biosolids in a manner which would ensure the City receives recycling and beneficial use credit, i.e., land application, composting, alternative cover and cap. Total Waste Systems submitted the only bid at $31.00 Per Ton with the Biosolids used at West Contra Costa Landfill as alternative cover and cap. This is a two year contract. RECOMMENDED ACTION: Award Of Bid To Total Waste Systems For Pick Up And Disposal Of Biosolids From The Wastewater Treatment Plant In The Amount Of $31.00 Per Ton. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and remand to staff with direction. Citizen Advised: N/A Requested by: Darryl Barnes, Director of Public Utilities Prepared by: Jerry Gall, Wastewater Treatment Supervisor Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: ~..J~_~oz~~.-X Candace Horsley, City Manage AGENDA SUMMARY ITEM NO. 7h DATE: April 2, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION REMOVING ON-STREET PARKING AND ESTABLISHING A LOADING ZONE AT 208 MASON STREET SUMMARY: Alpha Analytical Laboratories, Inc. (Alpha) requested establishment of a loading zone, for a length of 20-feet, along the west side of Mason Street adjacent to their new facility. Please refer to Attachment 2 for a location map. The net result of the proposed action will be the loss of one on-street parking space. The Traffic Engineering Committee reviewed this request at its regular meeting of March 18, 2003 and recommended approval to the City Council. The proposed loading zone will permit ready access to the facility for customers who drop off samples in a relatively short time frame. RECOMMENDED ACTION: Adopt resolution removing on-street parking and establishing a loading zone at 208 Mason Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Rob Phillips, Alpha Analytical Laboratories, Inc. Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works ~/~r~ Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED: Candace Horsley, City ~nager RJS: AG npYellowZone-208-Mason-St RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REMOVING ON-STREET PARKING AND ESTABLISHING A LOADING ZONE AT 208 MASON STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request on March 18, 2003 from Alpha Analytical Laboratories, Inc. to establish a loading zone within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends this request regarding the loading zone. NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a loading zone at 208 Mason Street at a location determined by the City Engineer. PASSED AND ADOPTED this 2® day of April, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 FI£E. PI~IVEW~Y YELL. Pv~ E~NE Z6'FT, NPT" -r'o RI~I L~.J2A~ ITEM NO. 7i DATE: April 2, 2003 AGENDA SUMMARY REPORT 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 II 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 UKIAH M'ENS CLUB/Al,EX GOEKEN 5 S99 PARK BLVD. UIOAH CA 954~. .Fencing for Uldah golf club house, Todd Grove Room. Fencing consists of: 28 sections @ 5'41/2'tall by 10' long, with 30- 4"x4"xS' posts. Each section consists of: (CLUB HOUSE) 3- l 1/2"xY'xl0' 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' p.e,(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 PHcing $55.72 per Linear Foot excluding gates Total Price including gates: $23,499.90 ITEM NO. 9a DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE ESTABLISHING FIVE MEMBER PATHS, OPEN SPACE, AND CREEKS COMMISSION At the March 19, 2003 meeting, the City Council introduced the Ordinance establishing a five member Paths, Open Space, and Creeks Commission. The introduction modified Councilmember Baldwin's original proposal to prescribe that the appointment method be the same as is currently in place for other City commissions. This change is found in Section 1021 ofthe ordinance which has been prepared in final form and is ready for adoption. Once the ordinance is adopted, Council will need to adopt an enabling resolution defining the specific composition of the Commission, terms of service, and anticipated duties and responsibilities. Staff is seeking further direction from the Council regarding these specific items. During Council discussion on March 19, several options were considered for Commission appointments including representation from the unincorporated area, County of Mendocino, Mendocino Land trust, and representatives from specific geographic areas. In order to proceed with advertisement and recruitment of Commissioners, staff needs clarification of Council's desires in this matter. RECOMMENDED ACTION: Adopt Ordinance Adding Division 1, Chapter 4, Article lb Sections 1020-1025 Of The Ukiah Municipal Code Creating The Paths, Open Space, and Creeks Commission and provide direction to staff regarding specific criteria to be defined in the enabling resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine ordinance requires modifications, identify changes, and introduce revised ordinance. 2. Do not adopt ordinance and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Michael F. Harris, Risk Manager/Budget Officer Larry W. DeKnoblough, Community Services Director, Charlie Stump, Planning Director, and Candace Horsley, City Manager 1. Ordinance for adoption, pages 1-2 Candace Horsley, Cit~Manager % ITEM NO. 9b DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: WORDING FOR MEASURE ELIMINATING POSITION OF ELECTIVE MAYOR AND EFFECT OF CONDUCTING ELECTION IN NOVEMBER 2003 OR MARCH 2004 SUMMARY: At its March 5, 2003 meeting, the City Council considered proposed wording for a ballot measure to eliminate the elective office of mayor and thereby reestablish the procedure of selecting the mayor by the city council. Specifically, John McGowan proposed the following language for the ballot measure: Shall all five City Council members be elected to four year terms and shall the office of mayor be appointed by the City Council from among the five elected City Council members? I have been asked whether the proposed language is permissible under the applicable law. The City Council also wanted to know whether the November 2004 election would be affected differently, if the ballot measure were presented during a November 2003 election or a March 2004 election. (Continued on page 2) RECOMMENDED ACTION: Approve modified wording for measure eliminating position of elective Mayor, discuss effect of conducting election in November 2003 or March 2004, and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: Provide direction for different wording or decide not to pursue measure. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Mary Lindley, John McGowan Candace Horsley, City Manager David J. Rapport, City Attorney Candace Horsley, City Manager None APPROVED: Cand~'~(~ Horsley, City M~ager Page ] of 3 CONCLUSIONS In my opinion the wording for the measure is permissible, if modified to read as follows: Shall the elective office of mayor be eliminated and thereafter shall the office of mayor be appointed by the City Council from among the five elected City Council members, all of whom serve four year terms? The November 2004 election would not be affected differently, regardless of whether the ballot measure were placed on the ballot for the November 2003 or March 2004 election. In both cases, the mayor would be selected by the City Council at the expiration of the incumbent's term of office, if a majority of the votes were cast in favor of eliminating the position of an elected mayor. Conversely, the mayor could be elected during the November 2004 election, if a majority did not vote in favor of eliminating the elected mayor, regardless of whether that occurred at the November 2003 or March 2004 election. ANALYSIS Government Code Section 34902(b) provides as follows: After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent's term, and on that date the procedure of selection of the mayor by the city council shall be reestablished. As you can see, the voters must be asked whether they want to eliminate the elective office of mayor. If a majority of votes cast on the proposition are in favor of the elimination, the selection of mayor by the city council is restored on the expiration date of the incumbent's term. In my opinion, therefore, the proposition must directly ask whether the voters want to eliminate the elective position of mayor. As worded by Mr. McGowan, that question is never asked and a majority vote in favor of the proposition would not clearly indicate that a majority voted in favor of eliminating the elective office of mayor. Until the elective office of mayor is eliminated, the selection of the mayor by the city council is not restored. Page 2 of 3 Moreover, as worded, the measure appears to ask the voters whether they want all five members of the City Council elected for four year terms. The election of city council members for four year terms is required by Government Code Section 57377. That question cannot be presented to local voters. Government Code Section 36508 authorizes a city council to submit to the voters the question whether any of the elective offices, except city council, shall be appointed by the city council. As revised, the ballot measure asks the question required by statute and does not appear to ask voter approval for electing city council members to four year terms. The City Council has more discretion in its wording of a measure to eliminate the position of an elected mayor than it does in wording a measure to establish such position. See Government Code Section 34901 which requires the "... questions for establishing an elected mayor to be printed on the ballots in substantially the following form: "Shall the electors elect a mayor and four city councilmembers?" "Shall the term of office of mayor be two years?" "Shall the term of office of mayor be four years?" However, in my opinion, the elimination of the elective mayor position must be included in the proposition to comply with the requirements of Government Code Section 34902(b). As you can also see, if the ballot measure passed, the procedure for selecting the mayor by the city council is restored effective on the date the incumbent's term expires. Hence, the next mayor would be appointed by the City Council. On the other hand, if the ballot measure fails, even if that were not determined until the March 2004 election, there would be plenty of time to conduct an election for the mayor's position during the November 2004 election. Page 3 of 3 ITEM NO. loa DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING BILL OF RIGHTS RESOLUTION At the January 15, 2003 City Council meeting, Jan Moore representing the Mendocino County Bill of Rights Defense Committee requested the City Council consider a proposed Bill of Rights Resolution. The Committee is concerned that there has been an erosion of constitutional rights since the passage of the USA Patriot Act. According to Ms. Moore's statements, the request of the Council is to adopt "...a resolution stating their intention to not be drawn into activities that threaten the constitutional rights of their residents." The proposed resolution addresses the USA Patriot Act and Federal Executive Orders and requests local preservation of rights, Federal and State agencies to comply with local policies, public disclosure, and monitoring. The proposed resolution and other material from the Committee are attached for the Council's information. Discussion of the matter and direction to staff is recommended. RECOMMENDED ACTION: Discuss Bill of Rights resolution and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A ¢, ~.~ ~,~f Prepared by: Michael F. Harris, Risk Manager/Budget Officer~~ ~ Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed resolution and related information presented by Mendocino County Bill of Rights Defense Committee Candace Horsley, City'~ mfh :ASRCity Council03 0402BillofRights Vlanager Proposed Bill of Rights Resolution - City of Ukiah California Whereas, the City of Ukiah fully supports the United States Constitution, its first ten amendments, the Bill of Rights, and the Constitution of the State of California, and Whereas the fundamental rights and liberties guaranteed therein are essential to the health of democracy and to the well being of the citizens and the community of Ukiah, including: ~ Freedom of speech, religion, assembly and privacy; ~ The rights to counsel and due process in judicial proceedings; and ~ Protection from unreasonable searches and seizures; All guaranteed by the Constitution of the State of California and the United States Constitution, and Whereas, we believe these civil liberties are precious and are now threatened by A. The USA PATRIOT Act, which - All but eliminates judicial supervision of telephone and Internet surveillance; ~ Greatly expands the government's ability to conduct secret searches; - Gives the Attorney General and the Secretary of State the power to designate domestic groups as "terrorist organizations"; and - Grants the FBI broad access to sensitive medical, mental health, financial and educational records about individuals without having to show evidence of a crime a~d without a court order; and B. Federal Executive Orders, which ~ Establish secret military tribunals for terrorism suspects; ~ Permit wiretapping of conversations between federal prisoners and their lawyers; ~ Lift Justice Department regulations against illegal COINTELPRO-type operations by the FBI (covert activities that in the past targeted domestic groups and individuals); and ~ Limit the disclosure of public documents and records under the Freedom of Information Act; and Whereas, this law and these Executive Orders particularly target foreign nationals and people of Middle Eastern and South Asian descent, but could affect any one of us in the U.S.A. acting and speaking legally in opposing government policy; and Whereas, The Executive Order on secret military tribunals also undermines the U.S. government's ability to denounce atrocities carried out in secret by military tribunals elsewhere in the world; and, Whereas, several law enforcement officials, including previous heads of the FBI, have decried the USA PATRIOT Act and these Executive Orders as unnecessary to the prosecution of, and protection from terrorism; Therefore, we the City Council of Ukiah California, acting in the spirit of our State and Federal Constitutions request that: 1. Local law enforcement continue to preserve residents' freedom of speech, religion, assembly and privacy; rights to counsel and due process in judicial proceedings; and protection from unreasonable searches and seizures even if requested or authorized to infringe upon these rights by federal law enforcement acting under new powers granted by the USA Patriot Act or orders of the Executive Branch; 2. Federal and state law enforcement officials acting within the City, work in accordance with the policies of the Ukiah Police Department, and in cooperation with the Department, by not engaging in or permitting detentions without charges or racial profiling in law enforcement 3. The U.S. Attorney's Office and the Office of the Federal Bureau of Investigation regularly and publically disclose the extent to and the manner in which they have acted under the USA Patriot Act, new Executive Orders, or COINTELPRO-type regluations, including disclosing the names of any detainees held in Northern California and/or any Ukiah residents detained elsewhere. 4. Our United States Congressman and Senators monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the parts that violate fundamental rights and liberties as stated in the State and United States Constitution. The below signed residents of the City of Ukiah support and urge passage of the above resolution by the City Council: Name (Piease Print) Street Address Signature Mail completed petitions to BORDC c/o 612 Walnut Avenue, Ukiah, CA 95482 by MARC. H 1 _q ~n? mqr. e infnrrn~tinn vi~.i~t.WWW?B~C'nrn Overview of Changes to Legal Rights By The Associated Press September 5, 2002 Some of the fundamental changes to Americans' legal rights by the Bush administration and the USA Patriot Act following the terror attacks: * FREEDOM OF ASSOCIATION: Government may monitor religious and political institutions without suspecting criminal activity to assist terror investigation. * FREEDOM OF INFORMATION: Government has closed once-public immigration hearings, has secretly detained hundreds of people without charges, and has encouraged bureaucrats to resist public records requests. * FREEDOM OF SPEECH: Government may prosecute librarians or keepers of any other records if they tell anyone that the government subpoenaed information related to a terror investigation. * RIGHT TO LEGAL REPRESENTATION: Government may monitor'federal prison jailhouse conversations between attorneys and clients, and deny lawyers to Americans accused of crimes. * FREEDOM FROM UNREASONABLE SEARCHES: Government may search and seize Americans' papers and effects without probable cause to assist terror investigation. * RIGHT TO A SPEEDY AND PUBLIC TRIAL: Government may jail Americans indefinitely without a trial. * RIGHT TO LIBERTY: Americans may be jailed without being charged or being able to confront witnesses against them. (In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.) ©: truth o ut2002 Sweet land of iberty- NAT HENTOFF Grassroots resistence to AG John AshcrOft The growing number of critics -- from liberals to conservatives -- of what they call John Ashcroft's' war on the Bill of Rights ~ now includes former Manhattan United States Attorney Mary Jo White. This tough prosecutor, during her term, indicted Osama bin Laden for the U.S. embassy bombings in Africa and convicted more than 30 terrorists. Speaking before the New Yorg City Bar Association, she questioned ~ as reported in the New York Daily News m Ashcroft's policies such as detain- lng immigrants in secret proceedings. "Secrecy,". she said, "is the enemy of democracy." ' . .. But most remarkable in the rising resistance' around ; the nation to Ashcroft's far-reaching expansion of elec-' tronic surveillance m and lowering of judicial super- vision in some of his edicts -- is the ferment at the grassroots. . In February, some 300 teachers, lawyers, doctors, retirees, students and nurses in Northampton, Mass. formed the Bill of Rights Defense Committee. Through the committee's Web site (www. bordc.org), similar committees have formed nationwide. Now, 15 town or city councils ~ from Takoma Park, Md. to Santa Fe, N.M. ~ have passed resolutions by those local committees. 'On Oct. 30, for 'example, Santa Fe's City Council enacted "a resolution supporting the Bill of Rights and civil liberties for Santa Feans.' .It instructs the city's Congressional delegation to "actively monitor the implementation of Ashcroft's USA Patriot Act, any new Executive Orders ... and actively work for the. repeal' of those portions that violate the guaranteed civil liberties enumerated in the Bill of Rights." Characteristic of mosi' of these official-disagree- ments with the attorney general is the Madison, Wis., City Council instruction that local .police and prosecu- tors not be drawn .into activities that threaten the con- stitutional fights of area residents .-- such as random surveillance based on country of 'origin and fishing through library records to see what books people under vague suspicion of terrorist links are b0rmwing. Simultan~. 'usly,'th~ America~ Civil LibeffieS Uni0n .(ACLU) is engaged in a "Safe and Free. Campaign," ~ challenging many of Ashcroft's policies. 'The A~'LU declares that, as part of this campaign, it will "work with dozens of communities around the country to go on the record against repressive legislat, i0n. I Laura Murphy, director'-f the ACLU's Washington' Legislative Office, points out, "Local govemments have the power to tell their law enforcement officers.' not to spy without evidence of crime. With the help of ACLU members and activists around the country, we will encourage them to say 'no' as strongly as possible to other violations of the Bill of Rights." ', 'Already, because of the Northhampton, M~s,, Bill of. Rights Defenge Committee's initiative, resolutions are being prepared for 40 other city, town and county couficils in 24 states ~ in addition to the 13 that have · al?eadY pa~sed official Criticisms of the Justice Department's actions that diminish civil liberties. The legacy of committees that defend the. Bill of,. Rights now stems back to the pre-American Revolutionary Committees of Correspondence, initiat- ed in Boston in 1767 by Sam Adams and the Sons of Liberty. In 1805, the impact of those committees was emphasized in Mercy Otis Warren's "History of the Rise and Progress and Termination of the American Revolution'5. ,. , · . "Perhaps no single step contributed so much to cement the union of the colonies, and the final acquisi- tion of independence, as the establishment of Committees. of. Correspondence. This supported a chain of communication from New Hampshire to Georgia'that produced un'.animity and energy through- out the continent." Through these Committees, Sam Adams and~other patriots reported 0n th6 assaults on Americans' liber- ties by the King, his ministers'and his officers and gov- ernors in the colonies. Now, largely through the Intemet, contemporary Committees of. Correspondence -- though not achiev- ing "unanimity'~ among Aineric'ans ~ are encouraging more citizens to qUestion whethei' the Bush adminis- tration is indeed securing the liberties we are fighting to protect from the terrorists. As a high school student told the. Madison, Wis., City Council: "We need to be more than Passive Observers of history, because the decisions made right now are Our future." Nat Honto# is a 'First Am°ndmont 'oxgort and a syndicatod columnist. ' , ..~ ITEM NO. t Ob DATE' APRIL 2, 2003 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND POSSIBLE ACTION REGARDING RESOLUTION SUPPORTING ARMED FORCES Councilmember Andersen has requested the City Council consider a resolution supporting the Armed Forces in the conflict with Iraq. The draft proposed resolution is attached. RECOMMENDED ACTION: Consider resolution supporting armed forces and take desired action. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments' N/A Councilmember Paul Andersen . , ~,"-..,, Michael F. Harris, Risk Manager/Budget Officer~d~.~f) L4,. ~ Candace Horsley, City Manager 1. Draft of proposed resolution, pages 1-2. APPROVED. ~~3~.~~.., Candace Horsley, City ~ager mfh:asrcc03 0402TroopsReso RESOLUTION OF THE UKIAH CITY COUNCIL EXPRESSING SUPPORT FOR AMERICAN ARMED FORCES ENGAGED IN CONFLICT IN IRAQ WHEREAS, More than 225,000 men and women of the United States Armed Forces are now involved in conflict against Iraq; and WHEREAS, Over 200,000 members of the reserves and National Guard have been called to active duty for the conflict against Iraq and other purposes; and WHEREAS, Numerous men and women of the Armed Forces from Ukiah are deployed to assignments and missions related to the conflict against Iraq; and, WHEREAS, These American military personnel have been separated from their families, their loved ones and their communities; and, WHEREAS, The families and employers of California reservists called to active duty are also making significant sacrifices; and WHEREAS, The valiant and dedicated members of the Armed Forces consistently perform in an exceptionally professional manner befitting an all-volunteer military force; and, WHEREAS, The members of the Reserve and National Guard components of the Armed Forces consistently demonstrate their readiness and ability to respond and deploy quickly; and, WHEREAS, The ability of the Armed Forces to successfully perform their mission requires the support of their nation, community, and families; and, WHEREAS, American soldiers have been taken as Prisoners of War and there have been military and civilian casualties, and; WHEREAS, Although we may have differences in opinion over the policy of engagement in Iraq, we strongly support the Nation's military personnel, both active and reserve, who have been called into action; now therefore be it Resolved, That the City Council of the City of Ukiah expresses its strong support for the members of the Armed Forces of the United States called upon to engage in military action in Iraq; and be it further Resolved, That the City Council of the City of Ukiah urges the President of the United States of America to pursue all efforts to insure that any American captured during these hostilities is treated in accordance with the Geneva Convention relative to the Treatment of Prisoners of War; and be it further Resolved, that the City Council of the City of Ukiah proclaims its fervent hope that hostilities in Iraq end as soon as possible, and that America's servicemen and servicewomen return home quickly, safely, and uninjured. AGENDA SUMMARY REPORT ITEM NO. t oc DATE: April 2, 2003 SUBJECT: RECEIVE AND FILE THE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 2001/2002 Stephen Herr, CPA of Davis Hammon & Co., Certified Public Accountants, conducted the audit of the City of Ukiah's financial statements for the year ended June 30, 2002. Davis Hammon & Co. has audited the City's financial statements for a number of years and therefore has a good understanding of the City's operations. This continuity also provides the financial statements with a similar presentation from year to year. The financial report is divided into several sections: REPORT Table of Contents General Information Independent Auditors' Report Combined Financial Statements Notes to Financial Statements Enterprise Funds Combining Statements Single Audit and Other Compliance Report Compliance and Internal Control Information Schedule of Findings and Questioned Costs Report on Appropriations Limit Worksheets Supplemental Information Pages i ii 3-4 5-10 11-24 25-29 30-33 34-37 38-40 41-42 43-45 (Continued on page 2) RECOMMENDED ACTION' Receive and file the City of Ukiah financial statements for the year ended June 30, 2002, audited by Davis Hammon & Company. ALTERNATE COUNCIL POLICY OPTIONS: None Requested by: Prepared by: Attachments: Candace Horsley, City Manager Gordon Elton, Finance Director 1. Schedule of Combining Funds 2. Bound copy of the City of Ukiah Financial Statements for FY 2001- 2002. APPROVED: Candace Horsley, Ci~ Manager Audited financial report - continued Independent Auditors' Report , The auditors' opinion, titled "Independent Auditors' Report", is unqualified. This means that, in the auditor's opinion, the overall financial statements present fairly, in all material respects, the financial position of the City as of June 30, 2002. Combined Financial Statements As a whole, the City is fiscally sound. The audited financial statements present a summary level for the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, and Trust and Agency Funds as well as a listing of the totals for the General Fixed Assets and General Long-term Debt Account Groups. I should point out that these statements are the official annual audited statement of the City's financial position and are presented in Governmental Accounting Standards Board (GASB) format to be comparable both to other government units and to our own prior year results. They are intended for users in the public and especially the financial community. This format and level of detail are not generally considered appropriate for management, budgeting and oversight purposes. The GASB requires an entirely different report format, beginning with fiscal year 2002/2003 reports. In addition, Combining Statements of the Enterprise Funds are included on pages 25-29. The general ledger maintains many more funds than are identified in the audited financial statements. Attached is a schedule of the funds that are combined into the funds identified in the audit report. Notes to Financial Statements In addition to the financial statements themselves, the "Notes to Financial Statements", which begin on page 11, provide important additional information about the financial condition of the City and the manner in which business is conducted. Note 1, Summary of Significant Accounting Policies, discusses the City's policies regarding how various assets, liabilities, revenues and expenses are recorded in the financial statements. Note 2, Legal Compliance - Budgets, discusses the budget process. Note 3, Deposits and Investments, discusses the types and amounts of the City's investments. Note 4, Receivables, provides information concerning estimated utility receivables, allowances for uncollectible accounts, amounts payable between funds and property tax receivables. Note 5, Fixed Assets, lists the amount of changes and balances in the General Fixed Asset Account Group and the fixed assets of the Enterprise and Internal Service Funds. Note 6, Risk Management, provides some information regarding the City's types of insurance coverages and the deductibles the City pays before coverage begins. Note 7, Capital Leases, and Note 8, Long-term Debt, identify the commitment for future lease and debt obligations. Note 9, Interfund Assets/Liabilities, lists amounts owed between funds. Note 10, Other Required Individual Fund Disclosures, lists the portion of fund balances that are reserved or designated for specific purposes, funds that have deficit fund balances, and funds whose expenditures exceeded their budgets. Landfill Closure and Post-closure Costs, Note 11, discusses the funds set aside for closure and post-closure costs and the calculation of the City's future obligation for these costs. Note 12, Contingencies, discusses the possibility that various legal actions or future grantor decisions may have a financial impact on the City. Note 13, Service Contracts, identifies agreements the City has entered into for provision of various services. Note 14, Deferred Compensation and Note 17, Employee Retirement Systems, discuss the retirement options available to City GE :Audit2002. agn Page 2 Audited financial report - continued employees and various costs associated with the plans. Note 15, Segment Information - Enterprise Funds, identifies required information related to enterprise funds. Note 16, Joint Powers Agreements, identifies the joint powers agreements the City has entered into. Note 18, Prior Period Adjustments, identifies an adjustment made for fiscal year 2001/2002 that relates back to a prior fiscal period. Enterprise Fund Combininq Statements (pages 26-29) These schedules provide asset, liability, equity, revenue, expense and cash flow information for each of the nine enterprises in the City. The nine enterprises within the City are: Electric, Street Lighting, Water, Disposal Site, Sewer, Airport, Parking District, Golf, and Conference Center. Single Audit and Other Compliance (pages 31-32) The Single Audit requirement applies when assistance from the Federal Government reaches certain levels. The Single Audit report is presented in a standardized format required of all recipients of significant federal funding. This report identifies each grant award, receipts or revenue and disbursements or expenditures for each grant. Compliance and Internal Control (pages 34-41) The Compliance and Internal Control section is the area where the auditors report on compliance in accordance with government auditing standards, compliance with general federal requirements, and on internal control structure. The "Schedule of Findings and Questioned Costs" (pages 38-41) indicates: 1) The auditors express an unqualified opinion on the general purpose financial statements of the City; 2) No new reportable conditions were noted during the audit; 3) No instances of noncompliance material to the financial statements of the City were disclosed during the audit; 4) No reportable conditions were disclosed during the audit of the major federal award program; 5) The auditors express an unqualified opinion on compliance for the major federal program; 6) No instances of noncompliance material to major federal programs were disclosed during the audit; 7) One program was tested as a major program: U.S. Department of Transportation Highway Planning and Construction (Federal-Aid Highway Program); 8) The threshold for distinguishing major programs was $300,000.00; and 9) The City was determined not to be a Iow-risk auditee. No reportable conditions were noted during the current audit period. No findings or questioned costs related to major federal awards programs were noted during the audit period. Procedures and processes were implemented which corrected all Prior Year Findings. The Findings that were eliminated are: Reportable condition #00-1 - Bank reconciliations were not completed in a timely manner. Procedures are in place that produce timely bank reconciliations. Prior year finding #99-1 - Miscellaneous accounts receivable subsidiary ledgers were not reconciled with the general ledger. Staff made a significant effort to reconcile the subsidiary ledgers with the general ledger balances. When the new financial system is implemented, an automated interface between the subsidiary and general ledger will assure the consistency between the ledgers. Interim procedures to improve the resolution of differences between the subsidiary and general ledgers were implemented. Prior year finding #97-2 - Accuracy and timeliness of the Reconciliation of Fixed GE:Audi t2 0 0 2. agn Page 3 Audited financial report - continued Assets. This finding identifies that the services obtained from the vendor providing fixed asset record keeping are not as complete or timely as they could be. When new financial management software is implemented, fixed asset record keeping will become an automated process. In the interim, staff established an internal process to maintain and update the fixed asset records which produces accurate and timely information. The elimination of these findings is primarily the result of Accounting Manager Mike McCann's knowledge, skill and dedication toward creating quality accounting procedures and results. Additional recognition goes to all the Finance Department staff, whose efforts made it possible for development and implementation of the changes which resulted in an improved financial reporting system. Report on Appropriations Limit Worksheets (pages 42-43) In accordance with League of California Cities guidelines, the auditors performed a review of the appropriations limit work papers prepared by City staff. Based on the limited procedures performed, the auditors noted no exceptions. Recommended action Staff recommends receiving and filing the audited financial statements for the year ended June 30, 2002. GE:Audit2002.agn Page 4 Z Z Z 0 0 ITEM NO. ].od DATE: April 2, 2003 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF CITY MANAGER TO ISSUE REQUEST FOR PROPOSALS FOR DOWNTOWN PARKING DISTRICT IMPROVEMENT STUDY As revitalization has progressed and the demand for parking has increased, the need for accurate and detailed analysis of existing Downtown parking conditions has become paramount. A comprehensive parking study for the Downtown Parking District will provide such information providing the City with the necessary tools to plan parking improvements well into the future. Such a study would discuss and make recommendations regarding issues such as distribution and utilization of current public and private resources, time zones and meter locations, current and anticipated future demand, future improvements, and possible funding mechanisms to complete recommended improvements. As staff does not possess the expertise has prepared a draft Request For Proposals (RFP) seeking consultant services to perform the study and is requesting Council authorization to issue the RFP. (Continued on Pa¢l. e 2) RECOMMENDED ACTION: Authorize City Manager to issue RFP for parking improvement study in the Downtown Parking Improvement District. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine RFP requires revision and authorize issuance as revised. 2. Determine issuance of RFP is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachment: N/A N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Draft RFP Candace Horsley, City'~anager LD/ZIP2 ParkingStudyRFP.Asr Ukiah's downtown parking district includes six public lots and approximately 1,400 parking spaces. These spaces are regulated by various time zones ranging from ninety minutes to five hours as well as meters providing parking from ten minutes to ten hours. In 1995 the City and Redevelopment Agency adopted a Downtown Parking Improvement Program with the primary goal of improving organization and utilization of existing on-street and off- street parking resources. Since then, the City has adopted several changes including agreements with the County of Mendocino and Superior Courts for permitted parking for employees and jurors in municipal lots. These agreements have successfully moved a significant workforce and fluctuating jury population to either off-street or long term parking outside the downtown retail core. However, demand appears to be rising, waiting lists for monthly permits are increasing, and based upon input from merchants and the public, the time limitations as allocated are in need of re-organization. The changes which have been adopted to date have been completed in response to a specific or immediate need and without the comprehensive analysis necessary to thoroughly study district wide, long-term improvements. While the revisions have been effective, staff believes it is important at this time to complete a thorough and detailed analysis to coordinate future improvements and better meet the Downtown's growing parking needs. Attachment #1 to this report is the draft RFP to recruit consultant services to complete the study. This item was not included in the current budget, however, should the Council wish to proceed with the RFP, staff recommends the study be funded by the Redevelopment Agency as part of the parking improvements integral to downtown revitalization. As such, staff is recommending Council authorize staff to issue the RFP and present responding proposals to the Redevelopment Agency for consideration. Specific costs and budget amendment would then be considered prior to approval of a contract to proceed with the study. CITY OF UKIAH REQUEST FOR PROPOSAL DOWNTOWN PARKING IMPROVEMENT DISTRICT PARKING IMPROVEMENT STUDY PROPOSAL DUE May 9, 2003 I. INTRODUCTION The City of Ukiah is seeking a consultant to perform a study of available parking resources, evaluate existing conditions and make specific recommendations for improvements and related costs to its Downtown Parking District. The City anticipates that the end product of the work requested in this RFP will culminate in a plan to guide parking planning and implementation in Ukiah for the next twenty years. The Consultant's analysis, conclusions and recommendations shall be summarized in a written report with appropriate narrative text, tabular materials and illustrative graphics in such a manner as to be easily discernible to the public and City staff. All proposals must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Friday May 9, 2003. H. BACKGROUND The City of Ukiah is located approximately 60 miles north of Santa Rosa, CA on the Highway 101 corridor with a full time population of 15,070 people. Ukiah is also the retail service hub to an area reaching a 50mile perimeter and a daytime service population exceeding 35,000 people. As the county seat in an essentially rural county, Ukiah experiences dramatic increases and fluctuations in the number of people entering the downtown for a wide variety of legal, professional and retail services Monday through Friday. These populations are subject to even greater fluctuation contingent upon the degree and notoriety of activity in the Courts, which are located downtown. Ukiah's downtown parking district includes six public lots and approximately 1,400 parking spaces. A map of the district is provided in Exhibit "A". These spaces are regulated by various time zones ranging from ninety minutes to five hours and meters providing parking from ten minutes to ten hours. In 1995 the City and Redevelopment Agency adopted a Downtown Parking Improvement Program with the primary goal of improving organization and utilization of existing on-street and off-street parking resources. Since then, the City has adopted several changes including agreements with the County of Mendocino and Superior Courts for permitted parking for employees and jurors in municipal lots. These agreements have successfully removed a significant workforce and fluctuating jury population to either off-street or long term parking outside the downtown retail core. However, demand appears to be rising, waiting lists for monthly permits are increasing, and based upon input from merchants and the public, the time limitations as allocated are in need of re- organization. These changes and public input have prompted the City to reevaluate parking management in and around the Parking District. Accordingly, the City desires to retain a consultant to evaluate existing parking issues and provide recommendations as to future management, needs, and improvements. 2 of 6 Several programs have been prepared including the Downtown Master Plan, Downtown Parking Improvement Program, and the Ukiah General Plan that will be of use to the selected consultant. These documents will be made available to the selected consultant. HI. SCOPE OF SERVICES The scope of this Parking Study shall include tasks described below, as well as other elements or modifications, which may be suggested by consultants presenting proposals to better meet the needs of the City. All services shall be provided in accordance with the City's standard Professional Services Agreement, a sample of which is attached as "Exhibit B" to this request for proposal. The Consultant's evaluation shall include, but not be limited to the following: · Identify the total number of public parking spaces within the parking district · Identify the number of privately owned, public parking spaces within the district · Identify and map the existing time zones, meter locations, and municipal lots in and around the parking district · Identify improvements to be made to resolve the problem areas · Identify costs associated with each of the solutions · Evaluate the future conditions based on anticipated growth and identify any problems that may arise when growth occurs · Identify improvements to be made to accommodate future growth · Identify costs associated with improvements needed to accommodate growth · Prepare a description of phased implementation, including recommendations for prioritization · Identify potential sources to fund recommended improvements and provide recommendations to secure funding from the identified sources · Summarize all findings in a report to be presented and adopted by the City Council. Consultant shall be required to meet with the Downtown Merchants Association and Ukiah Main Street Program to discuss parking issues and assist City staff in conducting a public meeting to determine public perception of parking issues downtown. The Consultant should expect to attend a minimum of three (3) public meetings, including a presentation to the City Council. The Consultant should provide an estimated cost per extra meeting (assuming each meeting is 2 hours) in their proposal. Based on the above general information, the City has prepared this Request for Proposals for distribution to consultants. All related information necessary to submit a proposal is provided in the following pages for your consideration. IV. INSURANCE REQUIREMENTS The insurance requirements are set forth in "Exhibit B". 3 of 6 V. PROPOSAL REQUIREMENTS Written proposals must include responses to the following: A. Project approach and schedule. Describe the proposed approach and procedures to be used in completing the tasks described in the Scope of Services capable of meeting the City's expectations for the products. Include a proposed schedule showing completion of the various tasks or milestones. The final agreement with the consultant will include a schedule for completion of the major milestones based upon selected consultant's schedule. The City's review periods will not be counted against the time of completion for the various tasks or milestones. Be Ce Project team. Describe the qualifications and experience of the firm, related to the project, and the proposed staff to be assigned to this project. Describe the qualifications and experience of any proposed sub-consultants and identify the tasks or sub-tasks to be assigned to them. Firms, sub-consultants and proposed staff must demonstrate experience with similar projects. Firms shall include a list of similar projects that each of the project team members has worked on. Staff proposed to be in charge of the study must demonstrate significant experience supervising similar studies. Describe the proposed team organization, current and previous work assignments, and man- hours budgeted for each team member. Fee proposal. Propose a fee proposal based on an hourly rate schedule with a "not to exceed" maximum cost for all work identified in the Scope of Services. Include a copy of your firm's current itemized hourly rate fee schedule. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost. Provide a breakdown of the proposed fee by task in accordance with the tasks defined in the Consultants Proposed Scope of Services. Additionally, provide budgets for any mileage, reproduction, photos, etc., which are not associated with strict hourly rates. The final agreement will include a payment schedule including the following provisions: . Payment will be on a completion of milestone (tasks) basis in accordance with the consultant's attached fee schedule and payments will be made as the work progresses. The total payment for completion of all the tasks included in the agreement shall not exceed the agreed upon "not to exceed" amount. 4of6 De to . Part of the completion of any associated major milestones or tasks (set percentage of the total payment) will be determined from the consultant's submitted fee schedule and, if applicable, be negotiated before the final agreement. References Provide a list of at least three client references that have received services from your firm on similar projects. Include client references for any proposed sub-consultants. Provide names of contact person, addresses and telephone numbers for all references. Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements and/or the City's contract provisions as shown in the attached exhibits, the Consultant should list the exceptions in the proposal. VI. PROPOSAL SUBMISSION DEADLINES Seven (7) copies of the proposal must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Friday May 9, 2003. SUBMIT PROPOSALS TO: Marie Ulvila, City Clerk City of Ukiah 300 Seminary Dr. Ukiah, California 95482 Any questions regarding this request for proposal may be directed to Mr. Larry Deknoblough, Community Services Director at (707) 463-6284. VII. RIGHT OF REFUSAL The City reserves the right to reject any and all proposals without qualifications. Proposals will be considered only in their entirety. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis. Written proposals submitted by the deadline will be evaluated based upon qualifications, experience, ability to perform within the allotted time and understanding of the project. The City anticipates conducting interviews with the top ranked firms. 5 of 6 EXHIBIT A P~L~£~.I~G D I ~TRICT % 1 cwtc c £NI'E~ CtlA P T E R F I V E Exhibit INSURANCE REQUIREMENTS FOR LESSEES (NO AUTO RISKS) Lessee shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Lessee's operation and use of the leased premises. The cost of such .insurance shall be borne by the Lessee. · Minimum Scope of Insurance Coverage slmli be at least as broad as: 1. Insurance Services Office Commercial General Liability. coverage ("occurrence' form CG 0001). 2. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance (for lessees with employees). 3. Property insurance against all risks of loss to any tenant improvements or betterments. Minimum Limits of Insurance Lessee shall maintain limits no less than: 1. General Liability: $1,O00,000 per occurrence for' bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with' a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required octSurrence limit. 2. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 3. Property Insurance: Full replacement cost with no coinsurance penalty provision. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by tile City. At the option of the City, either: tile insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Lessee shall provide a financial gUarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of ownership, maintenance or use of that part of the premises leased to the lessee. 2. The Lessee's insurance coverage shall be primary insurance as respects tile City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Lessee's insurance and shall not contribute with it. Insurance in ContEacts 2? GItA P T E R FIVE 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, Yeturn receipt requested, has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage_ Lessee shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time. Insurance R~iuirements in Contracts Policy Number: Endor~mcnt Number: THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION TI~ endomemem modifie~ inaum, nce provided under Ibc following: GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization City of Ukiah, as additionally insured , its officers, officials, employees, and volunteers Facility and location' (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Modifications to ISO form C(~ 20 26 11 $5: 1. "Operation" includes the named Insured's products. . The insured scheduled above includes the Insured's officers, officials, employees and volunteers. . This insurance shall be primary as respects to the insured shown in the schedule above, or if excess, shall stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the Insured scheduled above shall be in excess of this insurance and shall not be called upon to contribute with it. . The insurance afforded by this policy shall not be canceled except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to the City. Signature-Authorized Representative Address CG 20 26 11 85 Insurance Services Office, Inc. Form (Modified) ITEM NO. 10e. DATE: APRIL 2, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION SUPPORTING THE NATIONAL COMPUTER RECYCLING ACT Congressman Mike Thompson has requested support for his measure to promote greater recycling and reuse of computers throughout the nation. He is reintroducing legislation which would impose a fee on the sale of new computers to be collected by the Environmental Protection Agency (EPA). In turn the EPA would institute a grant program for individuals and organizations to assist in "...collecting or processing used computers, monitors, or other designated devices for recycling purposes...reusing or reselling such computers...extracting and using, or selling for reuse, raw materials from such computers...". The City is very active in reusing and recycling our computers and the Mendocino Solid Waste Management Authority has instituted an extensive computer recycling program. California has, for several years, banned Cathode Ray Tubes (CRTs), the primary component of monitors, from landfills. This proposed legislation may have a positive impact in other areas of the country where local initiative has not already begun addressing the disposal issue. And if Ukiah or Mendocino County can avail themselves of the proposed grant funding, implementation of disposal or reuse will be more financially attractive. Staff believes the concept of the bill is appropriate and recommends adoption of the resolution supporting the legislation. RECOMMENDED ACTION: Adopt Resolution Supporting The National Computer Recycling Act. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Congressman Mike Thompson Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Draft resolution, page 1. 2. Undated letter from Congressman Mike Thompson, with attachments (including proposed bill), pages 2-13. APPROVED: Candace Horsley, City,Manager mfh:asrcc03 0402Recylcing RESOLUTION NO. 2003- I~--~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE NATIONAL COMPUTER RECYCLING ACT WHEREAS, used personal computers and monitors are becoming outdated at an ever-increasing rate, threatening to burden local waste managers and governments and pollute the environment; and, WHEREAS, the number of computers needing to be disposed of is predicted to reach a half billion by 2007, while the average new computer bought this year will last only two years; and, WHEREAS, Congressman Mike Thompson of the 1st District of California is reintroducing legislation in the U.S. House of Representatives to promote the recycling and reuse of computes and monitors through a grant program, funded by a fee of no more than $10 on the sale of computers and monitors, for local governments and organization to establish and run collection and recycling programs operations; and, WHEREAS, some local governments are struggling to develop computer recycling and reuse programs but are facing high costs and a lack of infrastructure for handling the waste; and, WHEREAS, computers are considered hazardous waste when discarded into landfills, containing such toxins as lead, chromium, cadmium, mercury, zinc, and brominated flame retardants, and posing a danger to the environment and human health; and, WHEREAS, most computer owners lack responsible recycling and reuse options for disposing of their outdate computer. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah supports the National Computer Recycling Act, which will build much-needed infrasturcture for handling computer waste and has garnered the support of the League of California Cities, encourages its residents, businesses, and organizations to recycle and reuse outdated computer equipment, and will continue to implement its programs to prevent the disposal of computers into the local waste stream. PASSED AND ADOPTED on this 2nd day of April 2003, by the following roll call vote: AYES: NOES: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, City Clerk Resolution No. 2003- Page 1 of 1 Dear Ukiah City Council: I am writing to ask for your support for important federal legislation I am reintroducing to promote greater recycling and reuse of computers across the country. A half billion computers in the United States could be headed to the trash heap by 2007. They threaten to burden our nation's waste managers, while also damaging our environment. With a typical computer lasting only two years, the problem will only worsen unless we offer consumers and businesses responsible ways to dispose of outdated computers. Many local governments already are helping through their own computer recycling and reuse programs. These local efforts are critical to addressing the growing problem of computer waste. Discarded computers do not belong in landfills. They contain lead, chromium, cadmium, mercury and zinc. Lead is a particular concern since the cathode- ray tubes in monitors contain between four and 10 pounds of lead. As you well know, collection and recycling programs remain limited for most consumers and small businesses. For every nine computers made this year, only one will be recycled. For now, most people have shoved their old equipment in a closet or basement because of the dearth of collection choices. We need more national infrastructure for properly handling computer waste. My bipartisan bill creates responsible options for consumers and businesses by supporting recycling and reuse operations. It requires the Environmental Protection Agency to collect a fee of no more than $10 for each computer or monitor sold. From that money, the EPA will provide grants to individuals and organizations, including local governments, that are finding innovative, environmentally sound ways to collect, recycle and reuse computers. I have enclosed a copy of my bill, the National Computer Recycling Act, as well as a fact sheet. I look forward to your endorsement of this legislation. Please contact Laura Dossa on my staff at (202) 225-3311 or laura.dossa~mail.house.gov to join me in this effort. Sincerely, Mike Thompson F: \M8 \THOMCA\ THOMCA_002 .XML H.L.C. (OrigSnal Signature of Member) 108frei CONGRESS 1ST SESSION HoRo To establish a grant and fee program through the Environmental Protection Agency to encourage and promote the recycling of used computers and to promote the development of a national infrastructure for the recycling of used computers, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. THOMPS()N of Califoruia introduced the following bill; which was referred to the Committee on A BILL To establish a grant and fee program through the Environ- mental Protection Agency to encourage and promote the recycling of used computers and to promote the develop- ment of a national infrastructure for the recycling of used computers, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tires of the United States of America in Congress assembled, January 16, 2003 (1:51 PM) F:\V8\O 11603\011603.084 F:\M8\THOMCA\THOMCA_002.XML H.L.C. i SECTION 1. SHORT TITLE. This Act may be cited as the "National Computer Recycling' Act" SEC. 2. DEFINITIONS. l0 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 For purposes of this Act- (1) the term "Administrator" means the Ad- ministrator of the Environmental Protection Agency; (2) the term "cathode ray tube" means a vacu- um tube or picture tube used to convert an elec- tronic signal into a visual image; (3) thc term "central processing unit" includes a case and all of its contents, such as the primary printed circuit board and its components, additional printed circuit boards, one or more disc drives, a transformer, interior wire, and a power cord; (4) the term "computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and may include both a central processing unit and a monitor, but such term does not include an automated typewriter or typesetter, a portable hand held calculator, or other similar device; (5) the term "hazardous waste" has the mean- ing' given that term in section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903); and January 16, 2003 (1:51 PM) F:\V8\O 11603\011603.084 F: \M8 \THOMCA\THOMCA_002.XML H.L.C. 3 1 (6) the term "monitor" means a separate visual 2 display component of a computer, whether sold sepa- 3 rately or together with a central processing unit, and 4 includes a cathode ray tube or liquid crystal display, 5 its ease, interior wires and circuitry, cable to the 6 central processing unit, and power cord. 7 SEC. 3. FEE. 8 (a) REQUmEMENT. Effective 180 days after the 9 transmittal to the Congress of the results of the study eon- l0 dueted under section 6(a), the Administrator shall require 11 that a fee be assessed on. the sale (including a sale through 12 the Internet) to an end-user of any computer, monitor, 13 or other electronic device designated by the Administrator 14 under subsection (e). The Administrator shall establish 15 procedures for the collection of such fee. The requirement 16 under this subsection shall not apply to a sale by an end- 17 user to a subsequent end-user. 18 (b) FEE AMOUNT.. The amount of the fee required 19 under subsection (a) shall 20 (1) be an amount sufficient to cover the costs 21 of carrying out section 4(a); 22 (2) be uniform-- 23 (A) for each computer with a central proc- 24 essing unit and monitor integrated in a single 25 device; January 16, 2003 (1:51 PM) F:\V8\O 11603\011603.084 F:\M8\THOMCA\THOMCA_002.XML H.L.C. 4 6 10 11 4 (B) for each central processing unit; (C) for each monitor; and (D) for each class of other devices des- ignated by the Administrator under subsection (c); (3) not exceed $10 per computer, monitor, or other designated deMee; and (4) be clearly indicated on the label, external packing materials, or sales receipt of the computer, monitor, or device. (c) DESIGNATION OF ELECTRONIC DEVICES. The 12 Administrator may designate additional electronic devices 13 to which the fee under subsection (a) shall apply if those 14 electronic devices 15 (1) contain a significant amount of material 16 that, when disposed of, would be hazardous waste; 17 and 18 (2) include one or more liquid crystal displays, 19 cathode ray tubes, or circuit boards. 20 SEC. 4. GRANTS. 21 (a) USES OF FEE AMOUNTS. Amounts collected 22 under section 3 shall be used, to the extent provided in 23 advance in appropriations Acts, by the Administrator 24 for-- January 16, 2003 (1:51 PM) F:\V8\011603\011603.084 F:\M8\THOMCA\THOMCA_002.XML H.L.C. 5 I (1) covering the costs of administration of this 2 Act; and 3 (2) making grants under subsection (b). 4 Not more than 10 percent of the funds available pursuant 5 to this Act for any fiscal year may be used for costs de- 6 scribed in paragraph (1). 7 (b) GRANT PURPOSES. The Administrator shall 8 make grants with funds collected under section 3 to indi- 9 viduals or organizations (including units of local govern- l0 ment) for-- 11 (1) collecting or processing used computers, 12 monitors, or other designated devices for recycling 13 purposes; 14 (2) reusing or reselling such computers, mon- 15 itors, or devices, or components thereof; and 16 (3) extracting and using, or selling for reuse, 17 ra~v materials from such computers, monitors, or de- l 8 vices. 19 (e) EL~G~Bmn'Y.--An individual or organization shall 20 be eligible for a grant under subsection (b) only if the indi- 21 vidual or organization provides assurances to the satisfae- 22 tion of the Administrator that it will carry out the grant 23 purposes in a manner that complies with all applicable 24 Federal and State environmental and health laws. January 16, 2003 (1:51 PM) F:\V8\O 11603\011603.084 F: \M8 \THOMCA\THOMCA_002.XML H.L.C. 6 1 (d) SELECT~ON CR~TERLi. In selecting proposals for 2 grants under subsection (b), the Administrator shall 3 consider-- 10 11 12 13 14 15 (1) the quantity of used computers, monitors, or other designated devices that will be diverted from landfills; (2) the estimated cost per unit of the collection, processing, reuse, or sale proposed; (3) the availability of, and potential for, mar- kets for recycled materials; (4) the degree to which the proposal mitigates or avoids harmful environmental or health effects; and (5) the degree to which the proposal employs innovative recycling technologies. 16 The Administrator shall ensure that grants are provided 17 to a geographically diverse group of recipients. 18 SEC. 5. CONSULTATION. 19 In carrying out this Act, the Administrator shall eon- 20 sult with representatives of the computer manufacturing, 21 retail, and recycling industries, waste management profes- 22 sionals, environmental and consumer groups, and other 23 appropriate individuals and organizations (including units 24 of local government). January 16, 2003 (1:51 PM) F:\V8\O 11603\011603.084 F: \M8 \ THOMCA\ THOMCA_002 .XML 7 1 SEC. 6. STUDY AND REPORTS. H.L.C. 2 (a) STUDY. Not later than 6 months after the date 3 of the enactment of this Act, the Administrator shall 4 transmit to the Congress the results of a study that 5 (1) identifies waste materials in used computers 6 that may be hazardous to human health or the envi- 7 ronment; 8 (2) estimates the quantities of such materials 9 that exist or will exist in the future, including a sep- 10 arate estimate of the quantities of such materials 11 that are exported fl~om the United States; 12 (3) estimates the costs of transporting, eol- 13 leering, and processing computers, monitors, and 14 other designated devices; 15 (4) describes current management of such 16 waste materials; 17 (5) makes recommendations for the manage- 18 ment of electronic products containing such waste 19 materials at the end of their useful lives; and 20 (6) estimates the demand for materials from re- 21 cycled computers, and make recommendations for 22 increasing the markets for such materials. 23 (b) REPORTS. Not later than 1 year after the date 24 of the enactment of this Act, and annually thereafter for 25 4 additional years, the Administrator shall transmit to the 26 Congress a report on the status of computer recycling. January 16, 2003 (1:51 PM) F:\V8\O 11603\011603.084 F:\M8\THOMCA\THOMCA_002.XML H.L.C. 8 1 Such report shall include a description of the amount of 2 fees collected under section 3, and a description of the 3 amount of administrative costs paid for and grants made 4 under section 4 with funds collected through such fees. January 16, 2003 (1:51 PM) F:\V8\011603\011603.084 Resolution in Support of the National Computer Recycling Act WHEREAS, used personal computers and monitors are becoming outdated at an ever- increasing rate, threatening to burden local waste managers and governments and pollute the environment; WHEREAS, the number of computers needing to be disposed of is predicted to reach a half billion by 2007, while the average new computer bought this year will last only two years; WHEREAS, Congressman Mike Thompson of the 1 st District of California is reintroducing legislation in the U.S. House of Representatives to promote the recycling and reuse of computers and monitors through a grant program, funded by a fee of no more than $10 on the sale of computers and monitors, for local governments and organizations to establish and run collection and recycling programs operations; WHEREAS, local governments are struggling to develop computer recycling and reuse programs but are facing high costs and a lack of infrastructure for handling the waste; WHEREAS, computers are considered hazardous waste when discarded into landfills, containing such toxins as lead, chromium, cadmium, mercury, zinc and brominated flame retardants, and posing a danger to the environment and human health; WHEREAS, most computer owners lack responsible recycling and reuse options for disposing of their outdated computer; NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah supports the National Computer Recycling Act, which will build much-needed infrastructure for handling computer waste and has garnered the support of the League of California Cities; BE IT FURTHER RESOLVED that the City of Ukiah encourages its residents, businesses and organizations to recycle and reuse outdated computer equipment, and encourages the City of Ukiah to develop (OR EXPAND) programs to prevent the disposal of computers into the local waste stream. PASSED AND ADOPTED this day of Computer Recycling Fact Sheet By the Numbers · Half of all Americans own a personal computer1 · The average lifespan of a PC is just 2 years2 · 500 million PCs will become obsolete between 1997 and 20072 · This year alone, 63.3 million PCs will become obsolete2 · For every nine PCs made this year, only one will be recycled2 · 75% of obsolete computers are sitting in storage3 · A computer monitor contains an average of four pounds of lead4 · More than half of computer waste collected is exported to countries such as China where workers often are exposed to toxins and where waste is mishandled5 Background · The EPA considers most computer waste, particularly the cathode-ray tubes in monitors, hazardous waste · Computers contain hazardous waste such as lead, chromium, cadmium, mercury, zinc and brominated-flame retardants4 · Generators of large amounts of computer waste must follow EPA regulations to dispose of it, but households and small business with less than 220 pounds of computer waste a month may include it in ordinary trash in most states · California and Massachusetts have banned the disposal of cathode-ray tubes · 21 states have considered various forms of electronic waste legislation; Georgia, Colorado and Arkansas have enacted laws6 The National Computer Recycling Act · Promotes a national infrastructure for recycling computers and monitors · Creates a grant program through the EPA for collecting, reusing and recycling computers and monitors · Funds grants through a fee of no more than $10 on the retail sale of a computer or monitor · Provides grants to individuals and organizations, including local governments, who follow environmentally sound techniques · Studies the scope of the computer 'waste, including the amount of waste and its environmental dangers, to make ongoing recommendations for handling it · Co-sponsored by Sherwood Boehlert (R-NY), Louise Slaughter (D-NY), Anna Eshoo (D-CA), Maurice Hinchey (D-NY), George Miller (D-CA), Bob Filner (D- CA), Jack Quinn (R-NY) and Sherrod Brown (D-OH) and Grace Napolitano (D- CA) · Endorsed by the California League of Cities Computer Recycling Sources ~ U.S. Census Bureau, Home Computers andlnternet Use in the United States: August 2000 (www.census.gov/population/www/socdemo/computer.html) 2 National Safety Council, Electronic Product Recovery and Recycling Baseline Report: Recycling of Selected Electronic Products in the United States (www.nsc.orgonlinecart/product.cfm?id--244) 3 Institute for Local Self-Reliance, Plug Into Electronics Reuse (www.ilsr.org/recycling/electronicsreport.pdf) 4 Environmental Protection Agency, Plug-In To Recycling (www.epa.gov/epaoswer/osw/conserve/plugin/) Basel Action Network, Exporting Harm: The High-Tech Trashing of Asia (www.ban.org) 6 National Caucus of Environmental Legislators, Electronic Waste Legislation (www.ncel.net/ewastelist.html) AGENDA ITEM NO: 1of MEETING DATE: April 2, 2003 SUMMARY REPORT SUB3ECT: AWARD OF BTD TO EBA CONSULTANTS FOR LESL:IE STREET GAS PLANT MTT:IGATTONS AND APPROVAL OF BUDGET AMENDMENT FOR $56,535 The City received a letter from the California Regional Water Quality Control Board in .luly 2002. The letter referred to the Leslie Street Gas Plant, where the City of Ukiah owned and operated a gas plant from 192! through the 1940s. P.G.&E purchased this property from the City of Ukiah, but only used this site as a bulk distribution center, and never produced any product there. Soil samples collected from the site and analyzed by P.G.&E in 1987 contained polynuclear aromatic hydrocarbons. These concentrations were higher than detected in surface soil on the adjacent properties, and therefore, the Regional Board is now requesting a work plan and evaluation of the site for contamination. The City Attorney will be assessing the possibility of cost-sharing by previous owners. Staff sent out a request for proposal for a work plan and mitigation of the Leslie Street site. We received one bid, from EBA Engineering, for a sum of $56,535. This bid includes the preliminary site assessment, investigative work, permitting, monitoring well installation, laboratory analysis, and preparation of the work plan to the Regional Board. ]:n discussions with EBA, the City Manager requested that the initial phase be limited to a small portion of the entire bid, due to the fact that the contamination may be limited to surface soils only. Therefore, the actual cost of this bid may be less than the projected amount. Staff is requesting Council's approval and award of bid to EBA for up to $56,535, as well as a budget amendment for this amount, from Fund 100 to Fund 699. RECOMMENDED ACT:ION: Approve award of bid to EBA Consultants for Leslie Street Gas Plant mitigations and budget amendment to 2002-03 Budget, increasing expenditure of $56,535 in account 699.1201.800.032. ALTERNAT:IVE COUNC:IL POL:ICY OPT:IONS: Provide alternate direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager N/^ 1. EBA Bid 2. Budget Amendment Worksheet Approved: ~ ~ ~'J~/~., Candace Horsley, C~Hanager 4: CAN/ASR, Le~_ieGasPlant.040203