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HomeMy WebLinkAbout2003-05-07 PacketRESUME CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 7, 2003 6:30 p.m. Mayor Read 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATION a. Proclamation: Walk and Roll Festival M/RC (5~) M/Rc(5.-O) M/RC (3-o) m APPROVAL OF MINUTES a. Regular Meeting of March 19, 2003 b. Regular Meeting of April 2, 2003 c. Regular Meeting of April 16, 2003 (Abstained: Rodin & Smith) MaYor Read 5. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged_ Mayor Read 6. CONSENT CALENDAR 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. M/RC (5-0) Approvih~: C0nsent C~lehdar items "a".throu~h "e" (It em~ "f" and "g" heard as '~'10i0e and ~0f',)as .fOllOWS: ~ a. Report to Council Regarding Purchase of Command Van Equipment From Masterson Communications in the Amount of $6,815.26 b. Award of Bid for 6,000 Ft. of 750 MCM Aluminum, 15 KV, XLPE PVC Jacketed, Concentric Neutral, Single conductor Cable to American Wire Group in the Amount of $21,428.55 c. Award of Bid to AC&R Service For the Purchase of Seven Replacement High Efficiency Heating and Air Conditioning Units for the Civic Center in the Amount of $29,680 and Approval of Budget Amendment d. Rejection of Claim for Damages Received from Curves For Women Ukiah and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund e. Adoption of Ordinance No. 1046 Amending the City of Ukiah's Miscellaneous PERS Coverage Group Contract to 2.7% at 55 Maybr=R~ad 7. . AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on lhe 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. PUBLIC HEARINGS (6:45 P.M.) a. Approval of Application to Demolish a Structure Over Fifty Years Old Located at 292 East Gobbi Street, Ukiah indus~ial, b. Adopti°n of Resolution Revising Residential Electrical Rate For Photovoltaic Unit Interconnection, Establishing New Electrical Rates For Small Commercial, Large Commercial, Industrial and Interruptible Photovoltaic Unit Interconnection and Authorizing the City Manager to Execute Interconnection Agreements For All Customers Requesting Photovoltaic Interconnection With the City of Ukiah's Electrical System crate anti ~rate . UNFINISHED BUSINESS a. Adoption of Resolution Establishing Prohibition On Parking Vehicles Six Feet Or More In Height At 540 South Orchard Avenue Pursuant To Ukiah City Code Section 7154.5 vehi; Ci~ C~de S~ti0~ ~i54!5 SI pursuant to Ukiah Rec' Report b. Report From City Attorney Regarding Public Access to Streams c. Continued Discussion of the Patriot Act and Consideration of Introduction of Ordinance Regarding Employee Compliance Under the Patriot Act - Councilmember Andersen M/RC (5-0) to continue thiS matter to a later date 10. NEW BUSINESS a. Adoption of Resolution Supporting Grant Application For Phase Two Development of Riverside Park M/RC (5-0) AdOpting ReSOl~ion 2003~ SuppOrting the grant application to the Stat.-' Coastal Conservancy~for phase TwO Devel0'pment at Riverside park The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME b. Discussion of Pesticide Use in City Parks and Adoption of Revised d. Review and Possible Approval of Letter From City Council to Senator Dunn Regarding Senate Bill 888-Councilmember Smith e. Approval of Lease Renewal With CALSTAR For a Portion of the Ukiah Regional Airport Property f. Award of Bid For a Rolling Storage System For The Police Evidence Facility to System Concepts in the Amount of $42,73.7 M/RC (5~)Awarding bid for a r011in~ st°ra-qe system for police evidence facility to System c0ncepts i~ the amount bf ~42'73~' - 11:04 pm 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION 14. ADJOURNMENT CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 7, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATION a. Proclamation: Walk and Roll Festival 4. APPROVAL OF MINUTES a. Regular Meeting of March 19, 2003 b. Regular Meeting of April 2, 2003 c. Regular Meeting of April 16, 2003 Sm 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's Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report to Council Regarding Purchase of Command Van Equipment From Masterson Communications in the Amount of $6,815.26 b. Award of Bid for 6,000 Ft. of 750 MCM Aluminum, 15 KV, XLPE PVC Jacketed, Concentric Neutral, Single conductor Cable to American Wire Group in the Amount of $21,428.55 c. Award of Bid to AC&R Service For the Purchase of Seven Replacement High Efficiency Heating and Air Conditioning Units for the Civic Center in the Amount of $29,680 and Approval of Budget Amendment d. Rejection of Claim for Damages Received from Curves For Women Ukiah and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund e. Adoption of Ordinance Amending the City of Ukiah's Miscellaneous PERS Coverage Group Contract to 2.7% at 55 f. Approval of Lease Renewal With CALSTAR For a Portion of the Ukiah Regional Airport Property g. Award of Bid For a Rolling Storage System For The Police Evidence Facility to System Concepts in the Amount of $42,737 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. al PUBLIC HEARINGS (6:45 P.M.) a. Approval of Application to Demolish a Structure Over Fifty Years Old Located at 292 East Gobbi Street, Ukiah b. Adoption of Resolution Revising Residential Electrical Rate For Photovoltaic Unit Interconnection, Establishing New Electrical Rates For Small Commercial, Large Commercial, Industrial and Interruptible Photovoltaic Unit Interconnection and Authorizing the City Manager to Execute Interconnection Agreements For All Customers Requesting Photovoltaic Interconnection With the City of Ukiah's Electrical System 9. UNFINISHED BUSINESS a. Adoption of Resolution Establishing Prohibition On Parking Vehicles Six Feet Or More In Height At 540 South Orchard Avenue Pursuant To Ukiah City Code Section 7154.5 b. Report From City Attorney Regarding Public Access to Streams c. Continued Discussion of the Patriot Act and Consideration of Introduction of Ordinance Regarding Employee Compliance Under the Patriot Act - Councilmember Andersen 10. NEW BUSINESS a. Adoption of Resolution Supporting Grant Application For Phase Two Development of Riverside Park b. Discussion of Pesticide Use in City Parks and Adoption of Revised Integrated Pest Management Policy- Councilmember Andersen c. Selection of League of California Cities Voting Delegates d. Review and Possible Approval of Letter From City Council to Senator Dunn Regarding Senate Bill 888-Councilmember Smith 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. WALK & ROLL FESTIVAL MAY 19-24, 2003 WHEREAS, the City of Ukiah is in the process of implementing its Bicycle and Pedestrian Master Plan; and WHEREAS, riding a bicycle or walking promotes a healthy mind and body and greatly reduces the anxieties of everyday life; and WHEREAS, the amount of air pollution, traffic congestion, and noise can greatly be reduced by riding a bicycle, walking, or riding an MTA bus rather than using a private automobile; and WHEREAS, the use of bicycles for transportation is steadily growing in Ukiah; and WHEREAS, twelve bicycles can be parked in the space occupied by one car and each person riding a bicycle, walking, or riding an MTA bus in Ukiah will make available more parking spaces for all vehicles; and WHEREAS, bicycles are the most energy efficient form of transportation, helping to reduce our society's dependence on oil and fossil fuels; and WHEREAS, bicycle transportation is an integral part of the "multi-modal" transportation system planned by federal, state, regional, and local governments; and WHEREAS, the California Bicycle Coalition, the American Lung Association of California, and the California Department of Transportation (Caltrans) have worked cooperatively with many public and private groups and individuals to promote bicycle commuting; and WHEREAS, the month of May is "California Clean Air Month" as part of the American Lung Association of California's efforts to promote air quality and National Bike Month to promote the bicycle as a means of transportation and recreation. 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 do hereby proclaim May 19-24, 2003, as WALK & ROLL FESTIVAL in the City of Ukiah, and urge all who are able to take advantage of the benefits of walking or rolling, iding an MTA bus to do so during this week and throughout the year. Eric Larson, Mayor 4a MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, MARCH 19, 2003 The Ukiah City Council met at a Regular Meeting on March 19, 2003, the .... which had been legally noticed and posted, at 6:35 p.m. in the Civic Ce~ii?~',ii?~od::'~ii,~,~, Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken an=~iiii~="::"followin~~':? ?~:~''~ Councilmembers were present: Rodin, Andersen, Smith, Baldwin, a:~i ~:~::Larson. Staff present: Public Utilities Director Barnes, Administrative Fire Chief Cohn, Community Development Director DeKnoblough, ~[~e Admi~i Captain Dewey, Assistant City Manager Fierro, Personnel Officer H::~, City Ma'~}~[ Horsley, City AEorney RappoA, AirpoA Assistant Richey, P~ Capt~ ~alker, Poli~ Chief Williams, and Ci~ Clerk Ulvila. ~:.~?~;~?:~ ~?:~?:~:~:::~ '~:~:~:~:~: .... 2. PLEDGE OF ALLEGIANCE .... ~:~ ? ....... ~:~:~:~::~::: .... Police Captain Walker led the Pledge of Allegia~?~:~:: .... ::::::::::::::::::::::: 4. APPROVAL OF MINUTES ~::~::~::~:::~::~::~::~ ........ :::::::::::::::::::::::::::::::::::::::::::::: 4a. Regular Meeting of March 5, 2003 ~::~??~?~ ~ ~?~?~/~?~ ? City Clerk UIvila requested that the draft minutes ~.:~::~, March 5, 2003 regular m e et i n g b e co n t i n u ed t o t h e n e~ m e et i ng. Mayor Larson read the app, ::~?~???::~ 6. CONSENT CALENDAR :~::~::~i~!'~i~i~::~ii'~!:~~: M/S Smith/Baldwin approving a. Approved Disbursements for Mort b. Awarded Bid $385.22 c. Receive Prod d. Sand $5,99o; the Calendar as follows: Kemiron panies, Inc. for the Sum of .the City Cou~i!~:~, rding the Purchase of Chlorine ~, :rica Inc. f~ii~:'"'Sum of $89.49 For 150 lb. Cylinders Cylinders; Purchase of Bunker and Top Dressing rse From Borges Transfer in the Amount of Bid ~,i~.03 3/, T,on Truck With Low Profile Service Body to Hoblit Motors Sum of Ordinan~ ~:"::'Adding Section 7154.5 to the Ukiah City Code Prohibiting of Vehi~'?~¥hat Are Six Feet or More in Height on Certain Streets Or !e re of; le Work as Complete for Structure Demolition at 410 Waugh Lane,Ukiah, No. 02-29, and Authorize the Filing of the Notice of Completion with :~"~ii~' ::oq~ii~::ied by the following roll call vote: AYES' Councilmembers Rodin, Andersen, S'~ii!i~ldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. 'AUDIENCE COMMENTS ON NON-AGENDA ITEMS Regular City Council Meeting March 19, 2003 Page 1 of 14 No one came forward to address Council. Councilmember Baldwin requested that New Business item "8e" be heard befores,item "8d" due to the possibility of numerous public input on item "e". ..... ~,~ii~iiiii!i ??~ Seeing no objection, Council consensus was to hear item "8e" before il on th~:: ::~:: agenda. 8. NEW BUSINESS 8a. Report to Council Regarding Appointment to the City Clerk Ulvila advised that a Press Release was sent o~ii~eekly vacancy. As of the deadline of March 13th no appli~~i~iii~were requested direction from Council with regard to filling th.~!iii~::~'an~ii~ii: Councilmember Baldwin explained that he unable to attend every meeting. He M/S Larson/Smith appointing Councilmember B~ carried by the following roll call vote' AYES' Councilm~ Baldwin, and Mayor Larson. NOES: None. ABSTAIN: N~ 8. NEW BUSINESS 8b. Report Conc~ Ordinance Police Chief Williams advised th Segway devise, SB1018, Ordinance. He discussed adopt ordinance,, Studies are issues th parking of re~ for 9d. Sh~ on the Board but wa~:~ Board again. Library Advisory Board, Rodin, Andersen, Smith, None. Transporter staff researched the proposed Anti-Segway that local authorities may and manner of operation of the devise. other cities and some cities are monitoring police enforcement and Segway s recommendation that the City asked to study this issue and make Betty Green, and Rex Eiffert voiced their support for the City controlling 'ices in the City and that they not be allowed on sidewalks due to Coum Committ{ instead of .~nded the matter be referred to the Traffic Engineering Andersen inquired if there is a way to require a permit for the device it. Once a permit or license is obtained, the operator would be the device could be utilized in the City. Williams explained that there is no mechanism in place for licensing they have been identified as a "pedestrian" by the Governor's office. However, there is an age restriction to operate the device. Regular City Council Meeting March 19, 2003 Page 2 of 14 Discussion followed regarding how the device may be operated and the behavioral aspect of its operators. The issuance of operating permits was also discussed as controlling the use of the device in certain areas of the City. The bill that into law gives local jurisdictions the authority to adopt an ordinance with time in which the device is operated, the places it is operated, and operation. The heaviness of the device was noted as it may cr. ~ger to pedestrians walking on sidewalks. Concern was also ex no restrictions as far as safety gear, such as a helmet. Mayor Larson inquired of the City Attorney with regard to device entirely would be an infringement on an implied ri, City Attorney Rapport explained that it s prohibit them entirely in its jurisdiction. Council and what types of regulation to include in the o~ It was the consensus of the City Council to refer Committee for further study and analysis. 918 banning that the local agency con~':~,[ how much regulatioh 8. NEW BUSINESS ....... 8c. Report Percentage of Bilir Police Chief Williams ad! concerns were expressed Police Department and the ethnic incident that occurred on January 1 that the conduct *,onversation police vehicle viewing De that I~ that CouncilmE Standards of th'~ Traffic Engineering Visual u California of rac and the iai Profiling at thi 19, 200$?City Council meeting profiling by the Ukiah He described an a was stopped. He explained Ukiah Poll Officer was captured on the ~d staff has verified his conduct by personally as a guide to racial profiling, the in the Officer's stop. He explained Police Department's policy conforms to on a racial basis. Upon questioning by that there are mandated Peace Officer (POST) classes that are conducted at the Academy that each Jrther explained that an officer has to have specific or probable ant purposes. As a cautionary note, he felt it is the general public to recognize that the mechanisms ations are in place. Councilme~r Baldwin inquired if there is a new directive regarding the terrorism alert that mi~i be a form of racial profiling. ::~,,:~,~i!~!i,~ili~p ice C Wdl~ams explained that the C~ty s Pohce Department has to operate under ':"=~i',i~ 'bs of law, not only local, but also state and federal laws. It is important to u' :~'d the difference between profiling and racial profiling, which he went on to di~:~ in detail. Regular City Council Meeting March 19, 2003 Page 3 of 14 Mayor Larson inquired if the person who brought this matter to Council's attention has met with the Police Chief or viewed the video. Police Chief Williams explained that staff has been unable to contact that pt described what transpired when the driver initially called the Police De day to voice concerns over the traffic stop and he felt it was not handled as to giving the individual proper direction on how to proceed. eventually called the phone number left by the individual and s the car and explained the circumstances for the stop. He brought to light an issue on how to advise individuals better when with the Police Department about possible racial profiling. Ana Araiza, Cindee Drive, inquired if an individual they would be deported for having filed a complaint. Police Chief Williams advised that all individu; due pri the tim, er of ~nt United States, if David Rose, Migrant Education Program CI Chairman of the Latino Coalition, advised that the employer of the driver and that when City staff called their to address the issue with em. le explained that the department and had a fearful incident. Mendocino County and of the vehicle was the the was able of his Rex Eiffert, Ukiah, shopping center where a police confrontation with an individual. and ;ntly :1 at the Wal-Mart injured in an armed Ana Araiza, driver of the uired if Cc her to make postp¢ this matter to April since the uest of Council. Mayor meet Police Chi~ Department staff shoul, ~:~ then report another effort to contact the driver and the City Council regarding the outcome. research indicates that the Ukiah Police highest percentage of Hispanic and bilingual personnel of all law the County, except for State Highway Patrol. Last November, community members to request assistance in recruiting In Personnel Department sends police officer recruitment target, groups in the Ukiah Valley. Recognizing the ongoing ty, the Department staff is meeting to discuss additional · uit bilingual officers. Horsley advised that she met with members of the Latino Coalition and practical suggestions that came from the group. Staff will be meeting Department staff to look at ways to increase communication and utility signups, etc. Regular City Council Meeting March 19, 2003 Page 4 of 14 David Rose distributed copies of the Dymally-Alatorre Bilingual Services Act to the City Council. He noted that certain sections of the Act specifically refer to local government agencies. He read a draft "letter of demand" and noted that there are many community agencies that are concerned with the lack of bilingual services provided by the:.~:,:~,i addressed Police Chief Williams and stated that this is in no way a direct a "::on:'::~:~ Police Department. He felt the meeting yesterday with City staff was ve~ ~i'lling. H~ wanted this matter to become an issue of priority and for the City tQ~.,~,!~ i~mediate action. ~:,i ::ii::;:i!ili~ii:!i!i? It was the consensus of the City Council to receive the report~:~ ,~i?:?;?~i~iiiii~i~ii~?~::~::~~ 8. NEW BUSINESS ...... 8e, Councilmember Baldwin - Discussion and P 6'ie ~~n Regarding: i, Introduction of Ordinance Establishing..::~'e-Member Paths, Open Space and Creeks Commission ...... ::~? .... Councilmember Baldwin read the le~er that=:~~[ote to t~?~:::~itY Council that was included in his repo~ to Council There was some discussion concerning the agen~ ~[mat for Councilmember Baldwin's items and it was the consensus of the City C ! that ~ch item should be dealt with separately. Councilmember Baldwin rationale fo:~?~:ating a separate commission is to lend this :issue s to the ~'munity. He provided Council with excerpts from the G{ Conse~ation element and the Circulation and Trans is clear that the Planning Commission and the Parks, do not have the time to focus on these is e new would c6nsist of five members and each member of the~ il would a )ne Commission member. ..... ~:::~:~. Counci~ bet Rodin~s suppo~ive ~~?~dea, however she suggested having a Mend ~.:::County re~Sentation on :~: ...... Commission to make sure there are com~':t~?s b ~ ~:~'~::~:~:the County, and they could work together regarding a~::~:~i~'ope~:~::::~~ land outside the City limits. ,/R~?jntroducing Ordinance by title only with substitute language for 021 that t=~[Oc~: of appointment be adopted by the City Council and that this ~:!'~ hip conS~ ~ members. Mayor La stated :~t he is not suppo~ive because he felt that a joint commission is more appro~te. As long as the City is addressing the maEer, the County will not do inching ab~' it. ~ouncil~~er Smith concurred with Mayor Larson's concern with the potential lack :'~ ~0u:~~icipation and also on the basis that it does not include the designation of a P ~?~wner from the Westside hills as a member of the CommiEee, given that the pri~ interest is the Westside hills. Regular City Council Meeting March 19, 2003 Page 5 of 14 Councilmember Andersen voiced his support for the Ordinance because the concerns expressed by Mayor Larson are the reasons why the City should create this Commission in the City. He felt that even if the City did not create the CommissieD:,~.the County still would not do anything. '??i Motion carried by the following roll call vote: AYES: Councilmembers and Baldwin. NOES: Councilmember Smith and Mayor Larson. None. ABSENT: None. C y Clerk Ulwla read the btle of the Ordinance, An Ordinance of :~e,~C~ty Coun¢~!: Q~. the City of Ukiah Adding Division 1, Chapter 4, Article 1B,.::~::~:~,~:ctions ¥~:~1025,,of :~"~ Ukiah Municipal Code Creating the Paths, Open Space, ~!ii~ s com~"ission. :~'~:::::: ~ M/S Baldwin/Rodin introducing Ordinance; carried Councilmembers Rodin, Andersen, and Baldwin Mayor Larson. ABSTAIN: None. ABSENT: N ;ES: ii. Public Access at the Fish Hatchery Site Councilmember Baldwin proposed that the City two detailed options for guided tours or limited public owned Fish Hatchery site located Gibson Creek Canyon Council at its first meeting in year. He also direct staff to provide the ~cations of this Staff to develop at least to the City to the City that Council Discussion followed concerning site. Issues related to staff time ing guided tours to the were addressed. M/S Baldwin limited public: report bac vote: Coun. .,,,, III, Councilmeml p a plan for conducting guided tours or Hat:~hery site and to stake out the site, then carried by the following roll call Baldwin, and Mayor Larson. NOES' None. uisition and Preservation dwin proposed that the City Council direct staff to make western isition and preservation a top priority for City grant applications ~roposals. An uni~ :! Council with regard to his concern that open space acq ~ taking of private property and making it open space. He also addres! the matter of imminent domain. He stated that he is not supportive of a government~i:?:~gency telling him who can hike on his property. Ri an by Councilmember Andersen as to the City's current priorities for s and State Park Bond funding proposals, City Manager Horsley that the City has applied or plans to apply for grants for repair of the City pool, Park, and playground equipment. Regular City Council Meeting March 19, 2003 Page 6 of 14 Community Development Director DeKnoblough discussed the three priorities mentioned by the City Manager, the status of each project, and the funding mechanisms available. There are smaller projects, such as Anton Stadium, that also nee=~,=~=~p:=.~be completed. Councilmember Rodin was of the opinion that directing staff to makgiii~i~ern hi'ii='~ open space acquisition and preservation a top priority does not .j~i~iiiii~cquiring property through imminent domain. She discussed the process::~,~iii~iiiiiii~ c~'~~ation easement whereby a property owner is paid fair market value ~i!~i'their pr~~= in exchange for an agreement not to develop the property. Councilmember Baldwin advised that he is not imminent domain process for acquiring land. He expll a quarter cent sales tax district in 1978 and it's cai Open Space Conservation District. They work interested in selling the development rights to He discussed property owners working with Paths, Creeks, and Open Space Commission, conservation easement and/or public acquisition by County set up Agriculture Preservation an~: :. :~ii~gperty owners who are g their property. Trust, the new ~ouncil for either a ;nt. Councilmember Smith stated have already been completed. Mayor Larson expressed his co~i~n with prioritizing open space acquisitions. did not want this proposal to Councilm~ h ml~ls because City ....~i?~iiiii~i~iii~:.:.::~.i: .... in~ a broader preservation he is interested in kee~i~i?~i~eli:~ii~i~priorities that pool can be repai~i ~"~ Riverside Park western hills. As far as mber of priorities and he iorities, noted his concern for having for explained tfi~ii~tb~ii~eason why the western hills are in the residents of '~~i~:~' years ago, voted to annex that land beautyi :.i.iiii~hey wanted to protect it and make sure .......... ~romise it. He would be more comfortable with staff to make open space acquisition and City grant applications and State Park Bond funding ~,~.~~gsals" ,, ngling out "western hills open space acquisition" and making it a M/S A~i~:en/Bald~iii?~irecting staff to make open space acquisition and preservati~'~:iie priori~::=:'~:~:'for City grant applications and State Park Bond funding proposals. :~:'~:?,i'~?~i:~;,'~??ii~:i~:,,~:,~. Discussion~i.~fiowed with regard to acquiring state and federal grant funds for open ~ace ac~ition and/or open space easements. It was noted that there is a significant :~:~:':i~,p~i~,~i~oney in Park Bond funding specifically for this type of project. ===================================================================== M ~:' carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Regular City Council Meeting March 19, 2003 Page 7 of 14 iv. Diversion From Gibson Creek Councilmember Baldwin proposed to ask staff to determine the number, location, origin, and State permits for all diversions of water from Gibson Creek and any',~,iether year round western hills creek running into the City limits., He assumed tha~ii these creeks help replenish the aquifer that some of the City s wells draw fr~i!?~':~'~:~ City Manager Horsley advised that City staff does not have the expe~i~ii~~wledge to do the work suggested by Councilmember Baldwin. ~::~:~,::~'~::i':'~,ii!',:,i:i'~',i'~:' City Attorney Rapport advised that the permission of the propert~:::i!ii~er would::::~ to be obtained or some other legal authority in order to en~onto pr'i ~ property:fS~ that purpose. The City couldn't do that without an admin[ ii,,,~:warran¥~:'~:~"~r some leg authority to enter onto private prope~y. He noted tha[~::~?~ro~ owner has riparian rights, they can dive~ water for immediate use on ::~i~:::~:'~::~Prope~y and would not nee~: permission from the state. ...... Jan Moore was of the opinion that this is an i~~i~ue::~?~ other creeks in the City should be included in the study so that the citY::~=~?:~~ who is using the water and how much. Dave Hull, owner of prope~y in~ western hills as weli:~:~:~:~:~. ~:~ and Doolan Creeks, noted that there is a .... ~?~ money and the Cit~?~ be spending a considerable amount of mon.~~o~~~ pr?posals. If::~°ncern is truly that the water is being dive,ed ::~a~. from""~':~ ~::use. it w~:d be cheaper to have the water tested rather tha~:'~:~he e~nse of t ~~~ut if someone is dive,lng with or without a permit. :~:~:~?:~:~?~:: ....... ~:~:~::~ .............. ~.~::~.~ ~ ?? Councilmembe[~::~~in was of the~¥~n that st~:~'::~:could first ask prope~y owners for assistanc~ ~ . to whether ~ot they are dive~ing water and what type of Coun~i~~ber And~n was of the ~::i'on that water in the Ukiah Valley and the Ci~ :ti~i~ ~ impo~ ~:~=~::~:~ suppo~ive of staff providing more resource analysis of~ [:~:~ :~:~:~:~~~:' may affect the City. He supposed volunta~ compliance. ~:?~?:~ ~ ,mber ~:~;~::::W~ef the opinion that perhaps staff could obtain information by State ~:~sources Control Board or send a leEer to the prope~y owners them to~:.~ide information. Mayor Lar~ felt that this is all premature and that in the future, we will be seeing some mean~.~f major hydrological studies of all ground water systems and aquifers in the valley f~. It's not a source of water that we are dependent upon now nor is the staff time or expense to the Ci~ to explore the maEer feasible at this time. ,~ive of the proposal. Regular City Council Meeting March 19, 2003 Page 8 of 14 Motion Baldwin directing staff to contact property owners adjacent to any year round stream or creek running into our City limits to determine if they are using water and diverting water from those creeks. Motion died for lack of a second M/S Andersen/Baldwin to direct staff to contact the State Water Resou~?~?:~o~[i~: Board and inquire about all permits currently on Gibson and Doolan Cre~ ~:nd repo~ back to the City Council at its first meeting in June. Mayor Larson stated that he recognizes the importance of creek~i ~d the imp~ce of fish spawning habitats, and that it falls under the jurisdiction of '{~'~ii?,Eish and Department, not the City of Ukiah. .~:~,~,~:~iiiiii~ii;~i ii ili ii i:;iiii,,iii~,, .... by the following roll call vote: AYES: C iii' ': rs Rodin, Andersen, Motion carried and Baldwin. NOES: Councilmember Smith and.::,:: ~r Larso~'. ABSTAIN: Nones:: ABSENT: None. v. Establishment of Policy to Use Surplus Property for Open Space Councilmember Baldwin proposed that the City to place a minimum of 30% of the proceeds from th~ property into the City's Open with the proviso that this utilize the sale of the North park site if such a feasible. Councilmember Smith opposed earlier meeting tQ::~?[~garding the would not waD~ii~ :,any money know if we.:,,~i~i~ii~'~ed it'~ii~going bud~ Coun bar Bald~ th~ time ::'~'~ii~e gran for ongoing for the City Council surplus amended it :il plans to a skateboard at the earliest time i~:i?~:Specially~'~'~ ~:~" after the Council's the City's budget and on the basis that he :,project at this time because we do not City has an opportunity to apply for one- for acquisition and are not counted upon ~n to make it a policy of this City Council to place a minimum of ~e sale of City-owned property into the City's Open Space with the proviso that this policy in no way impedes the utilize the North State Street Fire Station sale proceeds to purchase park site if such a purchase proves necessary to establish a skateboard at the earliest time feasible. City Mana~?Horsley requested that, if the motion passes, Council pla, ce the money in ~und 690~:,~,',~:'~re funds can be moved or used for something else if it s needed. She ::::':~!i:~[r~,i:::~?!~ major drainage issue on Cleveland Lane that needs to be addressed, the ~::~:::~ii~:'~:~i~':'~::'~'~f~,:.,~::~ Waugh Lane, and there are other pro'ectsj that the City has no fundin.g for. S~ili?:~ecommended that Council look at it in its totality and decide where they want to sp~hd the money if there is extra money from some proceeds. Regular City Council Meeting March 19, 2003 Page 9 of 14 Councilmember Rodin agreed and noted that with the state reserving money for schools, it doesn't allow for flexibility that's needed as finances change in the City. She explained that there are grant funds available for acquisition. She felt it is premature to reserve the money at this time. Mayor Larson concurred. M/S Baldwin/Andersen recommending an amendment to the motiQ~D'~i?~:a ~i~um of 30% of the funds be placed in Fund #699, the Special Projects Fun~iiii!i?.i ...... M/S Baldwin/Andersen deleting the wording open space~ii?,~,,~i~ii~,~[om h~:'~'iii!?;~on and funding would then go into a general category in the Spec~ ts Fu~:'~?:~ Mayor Larson stated that he would reluctantly suR~?:~::~::this concept because it allows:~ :: the City some flexibility. ~:~:::~:~:~?~ ~ ? Motion carried by the following roll call vote. A~S..::~==~pc~!~em~rs Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. A~~ ~?:' None. ABSENT: None. vi. Stream Access in the Western Hills .... :%~'~?~:::~::~:~ ' %~:~ :.~:~:~::::~ Councilm~B~ ~c~~h~e maEer be ~~:e~?~[~ later date. Councilmember Andersen~:=~:~ ~~~ maAer be ce~?d to the second meeting in April and that the~y ~rney '~ ~[epoA reg~ing prescriptive rights, applied dedication, and yea~:~'~:~ound~ess. .::~:.~:~?~ ~ ?~:~:~ ~?~??~:?~ ?: It was the consensus of the City ::~::~~??:~?~?~o reage~e the maAer to the second 8d. ~~'ide Hills F~Protection St ~epoA Interi~~ Chief Co~Advised the Ci~anager had requested that he provide the Cou~di::~::~~:~sum~?,~.~ ~g~?~o[~ection issues in the western hills. The repoA was specifi~~O: for regulation of construction in the western hills area. Th~[~ ~ ~iscusses the legal basis for the requirements for construction in ~estern hills ':~A:s based on the California Fire Code and planning regulations that adopted :~~ .:~: of Ukiah. Counc er Hal that was c~ quired as to what e~ent did the Hillside Constraint Study leted f°~¥~e City impact this repoA. Fire Chief ~hn was unfamiliar with that study. He discussed the difference in ~:.?::??~:~ ~::~:~:::~.definition o::~rms be~een "hazard" and "risk". When structures are built and people ~habit t ~:~:::: there is a risk. He explained that the Planning DepaAment and Fire ~:?:?~h~ e done a major revision of the west hillside area regulations and they have b~~::~king closely to develop a comprehensive planning regulation relative to d~i~Pment. It was his opinion that those that have developed the western hills have doS~e a ve~ good job as far a taking care to mitigate some of the hazards and risks of Regular City Council Meeting March 19, 2003 Page 10 of 14 the development. He continued with discussion of the California Department of Forestry proceeding with their project of fuel breaks and their target date for completion is June 2003 .... It was the consensus of the City Council to receive the report. . NEW BUSINESS Adoption of Resolution of Intention for the Miscellaneol Group to Amend the PERS Retirement Contract Personnel Officer Harris advised that in October 2002, the Addendums to the Memorandum of Understanding's (MOU units covered by the Public Employee Retirement S' Coverage Group, authorizing the amendment to the 2.7% at 55-retirement benefit. This proposed amc manner that the cost for this benefit is being pl living increases, rather than an additional of the Resolution of Intention by the City the PERS mandated secret ballot vote which is would come an increase in the employee contributi~ amendment becomes effective. ~neou,, to amend to the was negotiated in such ~ees from costu, the City. Adoption ]aining units to take with this amendment m 7% to 8% when the Paul Richey, Airport Assistan: explained that when the very clear that the ben~ agreements. An employee electio the employees overwhelmingly ap ~ous Unit, er, she made it yees through MOU pay for this benefit and M/S Smith an amendm, Emplol followin~ Ma, on of Intention to approve Board of Administration California Public of the City of Ukiah; carried by the Rodin, Andersen, Smith, Baldwin, and ABSENT: None. 8. N 8g. Selectii atives and Approval of Meetinq in Washington. of Ukiah Wastewater Treatment Plant Improvement ressional Representative and Senators to Public advised that Administrative Analyst Burck has been working Iosely Reed Smith, a subcontractor for Brown and Caldwell. The City that Reed Smith assist the City in searching for alternate funding methods City's Wastewater Treatment Plant Expansion Project. ~'"iii!iiAdminise Analyst Burck explained that the White Paper is needed as a first step :~'~ii~p!~!!ii~e project to the members of the legislature and to defend and make the a ~{:::for the case of grant funding for the project; the need for the community, the im~nce of the project to the community, and why it should be funded under this grant program. In accordance with that, the White Paper was written and was Regular City Council Meeting March 19, 2003 Page 11 of 14 submitted to Congressman Thompson's office and to Senators Boxer and Feinstein's offices. According to the City's consultant, Chris Rissetto who is employed with Reed Smith, it is strongly recommended that, in order for this White Paper to be one of :~etop three priority projects for this area, a delegation from the City of Ukiah shq~Ui~ i!i~ :::, to Washington, D.C. and present the White Paper to the Congressional repre,, the Senators. ~:::'~'~ Councilmember Smith advised that he will be in Washington, NCPA meeting and volunteered to attend the sessions with the the City. He noted that since NCPA is paying his expenses, expense to the City for him to participate while he is there. ~,::,,~=,i~i=~:~!?~==~,~ )rs on ~i~1¢. of ~uld not b'e!iiiiiiiiian Councilmember Andersen sta!ed that he is skeptical bt th~iiiii~eality of meeting with the Senators because they don t have a lot of time:~ii~'~et with 'elected officials. The reason why he is skeptical is because $2.2 millio~,~i~ii~':~::i~°t of mDDey given the number of:. other projects competing for these funds. He :i~ ,: skeptic~i! ~.~::cause he didn't think there has been enough interaction with::i?: i~'::~'~':'"~:iiii?~i~!i~ f~i~??~ii~Presentatives from Congressman Thompson and the Senators' offices, opinion that the City will see more results from working with the people locally to ~l!~:?i?~::~ush this project. Administrative Analyst Burck di the specific topics'~l~ye~?:~he project that City representatives could disc Congressman and'?i~::~;~:~ators, stressing the immediate need for such :~:.~ ?~ It was the consensus of the Cil City Councilmember Smith, City Manager Horsley, Burck would travel to Washington, D.C. in April and speak [lators ~::~::~ .... funding for this project. Councilm~ that sh~:~ d a workshop in Sacramento with the City , about the ~ia Budget Project. The ne~ day she ,mite regardi~:~.~ater issues. Information was provided at the managing urban runoff, and integrated water conference, the Executive Manager for Policy Development Inland Empire Utilities Agency in Southern California spoke. She the li~?~:~:.~principles suggested by this speaker and thought that the City ~hould con~::~:~d~ting them and review how we can deal with water, using thes~:~:~i~iples as gui~~ Councilm~er An~:Sen reposed that he a~ended the Women's Histo~ Month event in Uki~ He headed the first meeting of the Housing Element and eve~one was in a~endan~nd it was a fruitful meeting. They discussed a grand vision for housing and there iS:~erest in mixed-use development and cluster housing to various degrees. ~?~:~ ~:~bere was~ ~ntion of the need for more affordable housing for special needs people in :'~:::~:~::.~o ~ity. They will meet with a consultant within the ne~ three weeks. :::::::::::::::::::::::::::::: ::::::::::::::::::::::: Regular City Council Meeting March 19, 2003 Page 12 of 14 He has been attending the Board of Supervisors' meetings for his job, watching the County budget process, and it's interesting to see they are beginning to grapple with making major cuts to mental health, social services, and other programs as well. Councilmember Smith reported that at its October 2002 meeting, Commission approved resolutions authorizing, not to exceed $60 millior plant refunding bonds to be issued in April 2003 for tax reasons. Th, on was approved in October and the net result of that transaction is that NCI an effective interest rate significantly lower than the 5.5% interest being refunded. Ukiah has 2.04% interest in the hydroelectric and bonds. Since we voted to approve the bond swap, he wil,!~ii ', be approve documents that will facilitate the swap. iii ??~ii i ........ Vice-Mayor Baldwin ~S :~ He attended the Inland Water and Power A( in discussion concernin~ place. He noted that at a previous Council m{ the role of what the County Water Agency ou! role of the Inland Water and Power Commission. Mr. Stretch, Agency, had written a letter to the chair of the Committee, janet Pi decided that the letter would be referred to a subcommittee of the Commii since it contains some suggested options, and then brought back to the Commi,, a future:~meeting with a recommendation for action or City Mana( the City's representative on the be in Washing two things at the first part of April. ~:,:.,:.:::~:~,,~.:,,~,,: Mayor Larson reported on t:'he .... Coalition in keeping the Air Attack Base in this year's ~ncrea= likelihood that a strong impression was made in Sacram{ lee and the Board of Forestry. The Board of fill be meeting County next month. 10. CITY REP{ City that A of th~ at the ne~ Councilm~ April 2nd Couni at the Month and she requested members g. Rodin volunteered to read a poem at the Councilmember Baldwin and Mayor Larson would read a g. City FPPC Fi has sui Men's Golf may possibl reminded wil Ivila ex there are only a few people who haven't turned in their '00, two ich are Councilmembers. She advised that Perry Ramsey his from the Parks, Recreation, and Golf Commission as the representative. The Men's Golf Club would be meeting next month and a recommendation to the City Council to fill that position. She also that in June there will be terms expiring on many commissions and a need to solicit applicants to fill those vacancies. Mr. Ramsey's does not expire until June 2004. Regular City Council Meeting March 19, 2003 Page 13 of 14 11. CLOSED SESSION a. Conference with Legal Counsel- Anticipated Litigation, Significant exposure to litigation pursuant to subdivision (b) of Government Code § 54956.9 (1 case~,,: No closed session needed. 12.ADJOURNMENT There being no further business, the City Council meeting was adjourn~ii~:~i~:i~ii~,54 p.m. Marie Ulvila, City Clerk Regular City Council Meeting March 19, 2003 Page 14 of 14 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 2, 2003 The Ukiah City Council met at a Regular Meeting on April 2, 2003, the notice ~bi' w~iCh. had been legally noticed and posted, at 6:35 p.m. in the Civic cehter Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken.:~?'~.ii~?llowing Councilmembers were present: Rodin, Andersen, Smith, Baldwin,.~'~Ua~i!~rson. Staff present: Community Services Director DeKnoblough, Final? Direct~?~!i~n, Assistant City Manager Fierro, Risk Manager/Budget Officer Hards~=~City ua~ge[=~.~..= Horsley, City AEorney Rappo~, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE ~.~:~::::.:.:.~:~:~:~' Risk Manager/Budget Officer Harris led the Pledge~f ~iiegiance. 3a. Designating April 6-11,2003 As The We~ ~::~:::~oung:' ~ild in Ukiah Mayor Larson read the Proclamation designating th~?:?~:~ek.:Of April 6-11, 2003 as the Week of the Young Child in Ukiah and urged all citize~'~:~:~ recognize and suppo~ the needs of young children in our community. : :: : .:: ..... ...: Mike Harris, on behalf of the child~:~;:;~Of:Ukiah, accepted the Prd~iamation. : .... :..:. ; :..¥:. ;..: 3. PROC~MATIONS :"' :::':~; 3b. April 2003 As Poetry Month in~Ukiah Mayor Larson read the Proclamati&~ Proclaiming ~: April2003 as Poet~ Month in Ukiah and urged all citizens to a~end the sc~:~uled"events. Armand Brint, C~::'0f:Ukiah Poet ~ur~te, accepted the Proclamation. . '. ::: : 4. PRESENTATIONS 4a. Presentation by Armand Brint, City of Ukiah Poet Laureate, Regarding Poet Armand Brint discussed serving::~§i~?~the City of Ukiah's Poet Laureate during the past two years. He discussed activities planned for Diversity Day in May as well as activities related to the Ukiah Hiaku Festival that was undertaken by the Poet Laureate Committee. He thanked the Poet Laureate Committee and the City Council for their support, then read a poem that he wrote, entitled "Flying to Washington." 4. PRESENTATIONS 4b. Councilrnembers Smith, Andersen, and Rodin to Read Poems Councilmembers Smith and Andersen read poems. 5. APPROVAL OF MINUTES 5a. Regulat Meeting of March 5, 2003 councilmember Smith noted a correction to page 4, fourth paragraph, that he had a "yes" vote on the motion. Regular City Council Meeting April 2, 2003 Page 1 of 13 Councilmember Rodin requested the following sentence be added to the last paragraph on page 3, "She added that even if all the traffic impacts could be mitiqated, because the proposal was antithetical to many of the goals in the General Plani she would still be opposed to the proiect." M/S Smith/Andersen approving the Regular Meeting Minutes of amended; carried by the following roll call vote: Andersen, Smith, and Baldwin, and Mayor Larson. ABSENT: None. 5. APPROVAL OF MINUTES AYES: Council NOES: None~ 2003, Rodin, 5b. Special Meeting of March 19, 2003 .... City Clerk UIvila apologized for several typographica!?:~~rs i~i:'~::'i:~!~e minutes and noted corrections on the following pages, which she had pr~i~:'Sly provided to Council: :~:::~ ¢~:~ ~:~: .:~:g :: ~:~:~::. · · ..................... Th~ C Page 2, second paragraph, first sentence shOald?i!i!i~read," ...... ............................ ~ : :~.. oalition recommends cities contact their localn ,s, enator and assembl~:":~'.!!',~:::~,[: and let::~::t~em know about the dire straights cities are . . Page 3, first paragraph, first sentence should read, "Mr. Barr advised :that LOCAL has been as,~ed to be involved and. j~. will be addressed at th~i~:::;gen~AI membership meeting. The si~h paragrapb,:!:?i~d~.sentence should read, R:~~r, based on our most recent assessment of th~:~tat~::S':di~Cussions, the City e~i~ates a loss in post- reimbursements and coPS'~'fu~ing ($1'~5,000),:~.~..:State-manBated reimbursements ($20,000), booking fee reimbursements ($65,00~?:~:A~d?~tentially, the motor Vehicle License Fees ($581,000)." ~ · .:'~ Page 4, third paragraph, fifth sentence::::~h0Uld read (delete the "r" at the beginning of the 12th line), "... (3)':'refinanCing of the loan f°rthe Civic Center, saving $103,067, and ..." . : .... : ; : ;'.. . '~ ·." Page 6, Second paragraph, first sentenCe (delete second "those") should read, "Councilmember Rodin ::was suppo~ive of~ts that are apparent to the general public and not those:that fall Oh'?the .backs of C~ staff." ''' : : : : ':.: .L.:;::;,~ ..::' ' .:. :': h::;.;:.;;:.::;.::- .. Page 7, third paragraph, second sentence, (add County after Mendocino) to read "He discussed the possible closure of the CDF Air A~ack Base in Ukiah and how that could be '~nstrued to mean that the state is leaving an impression on the people of Mend~ino County so that they see a recognizable impact when the base is closed." The fifth paragraph, third sentence, should read, (delete the word "appropriate") to read, "The new facility will have more room for storing larger quantities of supplies and thus provide cost ,savings." The last paragraph, second sentence should read, "Staff will evaluate the computer needs in flight of the entire budget situation and not replace them, except in those cases whSre there is product failure or where the performance is so much below par that it seems we would have a better benefit return by replacing it than making due with what we have." Regular City Council Meeting April 2, 2003 Page 2 of 13 Page 8, second paragraph, first sentence should read," Mike McCann explained that he is president of the Boys and Girls Club and advised that the Club was invited bythe School District to discuss summer programs because it is not going to run th.9 ~~er : school with up to 800 elementary school children this year." The third paragraph, first sentence should read, "Discussion fol lowed :: iii~l~tiVe to the expenses for maintenance and repair of the pool, such as the lea~:~ of::''~'~::~ r and extra chemicals needed at the pool." Page 9, first paragraph, first sentence should read, "City Manager H::~ley sugges~ the option of allowing facilities such as Anton Stadiu~::~.i;i:i:i~?:ii~?i~:~ibe turn~':' over to an:::::. organization or the schools." ...... the M/S Smith/Andersen approving the Special Meeting MinUt~,i,:0f March 10, 2003, as amended, carried by the following ?oll call vote: AYES: C0~eilme~bers Andersen, Smith, Baldwin, and Mayor Lars°~?::~:~:i:NOES· None. ABSTAIN:'~:~'::~::~:~'~'~6~ilmember Rodin. ABSENT: None. 6. RIGHT TO APPEAL Mayor Larson read the appeal proC~::. 7. C O N S E N T C ALEND A R ~:~:ii:,~:~ ?~::i?:~;~:i,:?:: Councilmem~.:~i~ requested' e ~t m ~! :be pulled from the Consent Calendar. Mayor ~rs6n advised ~at item "7i" w°~ld':§e removed from Consent Calendar and heard UD~[ New BusineSS, item "10g". M/S ~" ~;°ugh "h" of t~e Consent Calendar as follows: a. Received N0t~tion to Council Relative to Execution of Annual Letter of Agreement 03-SNR-0055~ ~etween the City of Ukiah and the Western Area Power; ~ b! Awarded Bid For One 100 KVA and Three 167 KVA Pad Mount Transformers in the AmOUnt of $15,931,99:to Western States Electric; c. Appr°Ved Notice of C°mpletion for Street Striping 2002, Specification No. 02-16; d. Approved Purchase of Bucket Truck for Parks Department From the City of Santa Clara for'the Sum of $20,000 and Approved Budget Amendment; e. Received Report of Acquisition of a Network/Application Server From Dell Marketing L.P. in the Amount of $5,067.56; f. Received Report of Acquisition of Voice & Data Cabling Materials and Installation ~Serv. i~S, for the Civic Center Addition, from Telecom Services Co., Ukiah, CA in the :~unt of $7,853.83; g.: Awarded Bid to Total Waste Systems for Pick Up and Disposal of Biosolids From the Wastewater Treatment Plan in the Amount of $31.00 Per Ton; Regular City Council Meeting April 2, 2003 Page 3 of 13 h. Adopted Resolution 2003-31 Removing On-Street Parking and Establishing a Loading Zone at 208 Mason Street; Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSI No one came forward to address the City Council. ~.~/ii! 9. UNFINISHED BUSINESS 9a. Adoption of Ordinance Establishing Five-Member Paths, open:':':~:$~ace and ::::::'~! ;: ..: Creeks Commission ~::::?~ ;~::':':;~:::~:~:~, ?i~.::::- Cit~ ~ ~ ~dvised that the Ordinance w0u:!a iA~ !effect 30 days after it City Manager Horsley advised that under "M~e[ship, A~i~tment, and Term of Office, Vacancies" in the Ordinance, there is ~::::~::?::J~g[uity.i~':::~6~t. staff did not delete the sentence that said, "Appointments shall be fill~:': ~y.~;~e Councilmember whose appointee has vacated the position.": There was discussion concerning ~he change to the OrdinanCe:::?:~nd with eliminating the wording in Section 1022. ::::??~?~::~:?~::':;: M/S Baldwin/Rodin making amendments to::.the Ordinance 1:046 by eliminating the wording in "Section 1022, ~erm of':~ice: Va~bi~s'~; Changing the section numbering to be in numerical order, and addi:~:g the .follOWing ~d'i~g as the last sentence in Section 1021, "Members shall be appoint~ accordin~::~:;:~0 procedures established by resolution of the CityCouncil." City AEorney'Rapport.eXplained that since the Ordinance is consistent with what was approved at the last CounCil meeting. City Man~ger Hors.leY:~:~:~Plain~::~t if the intent is to discuss how the commission members would be :~pointed a~d':'cbbncil wants to continue that discussion, then staff would need to :~;return in two weeks. If that discussion doesn't need to be had, then Council can adopt'::Ethe way it is. . City Afforney Rappo~ Concurred with the City Manager's analysis. : Councilmember Baldwin advised that he would like to table this maEer to the last agenda item in the meeting to allow additional time for him to consider this procedural problem. City Attorney Rapport explained that if the wording were left the way it currently "~.d§~:;~ City Council does have an existing Resolution that establishes procedures fd~iap~inting members to commissions. The City Council can always revise that Resolution in the future and if they wanted to make a special rule for this commission or Regular City Council Meeting April 2, 2003 Page 4 of 13 if they wanted to change the procedures used for other commissions, staff can always bring it back and do that. M/S Baldwin/Rodin withdrawing the motion. M/S Baldwin/Rodin amending Ordinance 1046, and that Section 1 "Members shall be appointed according to procedures established of the City Council" and deleting Section 1022. Councilmember Smith advised that he is opposed to the res°i~i0n becau~ he believes it will create extra work for staff and that a Parks, ReC~tion and Commission is already established. Councilmember Baldwin read the duties and powerSii~'~'~'he new Commission. ~'":":~':. Mayor Larson advised that he is opposed to of a~"~::~TM Commission and felt it would create an additional financial burden Councilmember Rodin expressed her support for th~:?~Ornmission and hoped that members of the Council would appoint members wh~::~;i:',i!~a~e expe~ise in issues concerning open space and acquidn:g the resources to prote~t'~::~en sp~e in the valley so that we don't have to entirely :r~l~::~p:staff and burden them ~.m~:r:e work. She felt this is an important part of the General ~Plan that needs to be addreSSed Councilmember Andersen expreSSed his suppOrt :for;!~he~Commission and hoped the Commission would move forward and;do this ;!imPortant Motion carried.:.by.;?:the following roli'~.~'ll'~vote: Rodin, Andersen, and Vice-Mayor Baldwin. NOES?~"~i?,~,;~Uncilmember S~ith and Mayor Larson. ABSTAIN: None. ABSENT: None. . :' City Manager Horsley :requested that she be allowed to question Council on this matter later inthe =meeting in.,:etdet~:to.clari~.some issues. 9. UNFINISHED BUSINESS 9b, Wording forMeasure Eliminatinq Position of Elective Mayor and Effect of Conductinq 'Election in November 2003 or March 2004 City AttOrney Rapport advised that he was asked by the City Council to review proposed ;wording fora ballot measure to eliminate the elected position of Mayor and restore the appointment of the Mayor to the City Council. The ballot wording would read, "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?" He worded it so that the actual question of whether the elected position of Mayor should be eliminated is included in the ballot measure. He continued to discuss the regulations contained in the Government Code. ~..,~:, ~:: - He explained that since Mayor Larson's term doesn't expire until November 2004, if the measure were to be place on the November 2003 or March 2004 election and passed Regular City Council Meeting April 2, 2003 Page 5 of 13 by the voters, there wouldn't be a need for another election for Mayor in November 2004. City Manager Horsley explained that staff would need to evaluate the co~ts~fb~:.!i~n election in November 2003, or March or November 2004, as well as what the~VaribbS issues would be at those elections, in order to determine which election~:,G~!~:'~cil would like to present the measure to the voters. ~,~::~,~;:~:~: :::.;.:/~: ~: :~'~:::.~;:i'~ii~.?:~:;~:,:~ ~ C~un¢il~e~ber Andersen inquired if there is anything in the ~asure designate how the terms of the City Council would be staggered. H~ ~Ss.umed th~:~e year there would be three Councilmembers running for office and would have two Councilmembers Discussion followed with regard to the November .~;~ March 2004, and November 2004 election dates. It was noted by Staff that it W~8~"~'be ad~i~ble to pa~icipate in th~ election where there is the most agencies invol~ ~,reduce t~ 6ity's share of cost for the election. It was also noted that Council is:~;i~'~"~'~:~'sideri,g ~Sing of the measure at this time, not an actual election date. O~uncil~ember Rodin inquired of the City A~orney conc~!Sg the p~eposed wording of the measure and recommendedtbe wording be changed tS~:~8~all ~'elective office of Mayor be eliminated and there ~:~:be appointed by the City ~88~Sii'from among the five elected City Council members~ ali 8¥;~m se~e four year te~?'' City A~rney Rappo~ advised that'the change i~ wsrdi~g Would be acceptable. O~u.~il~e~ber A.dersen was of:~e, ~ion that ~ office of Mayor should be elected and felt t.bat the Council shoUi8 ~e appointS8 the third highest vote ge~er to the vacant the Novem6:~ 2002 ~election He felt it is impo~ant to have someone whSis the fi~Sr~head of the c~mmu~, a~ends a lot of events, and speaks for the ce~munity. O~u"¢il'~ber S~it~ ~ght it i~edant that the electorate have the oppo~unity to elect all fiv8 C%,~6i1~'~;~ Th~ '8id not in the last election and the City Council appointed the Councilmember Andersen noted that Council previously discussed instant runoff voting and he was curioUs if it was legal. He had asked acting City Attorney Johnson, who was here at the time, whether there is any way you can require somebody to resign from the COUncil if they Want to run for Mayor. City Attorney Rapport was confident that you couldn't require a Councilperson to resign their position in order to run for Mayor. Councilmember Baldwin explained that if there were a four-year term for Mayor, it would make sense that it be elected. He wrote the argument in favor of a four-year term seVeral years ago. He disagreed very strongly that the third place finisher should automatically be appointed to a vacancy. Regular City Council Meeting April 2, 2003 Page 6 of 13 Councilmember Rodin noted that the wording doesn't decide or tell how the Council will chose its Mayor, term, etc. Councilmember Andersen was of he opinion that the City should have.a if~Ur-Y~ar Mayor and elect the Mayor separately. -'::~::;~::~::?~::': ',~,,:~.:... Mayor Larson advised that his original intention was to appoint a co~':'iSsi~ i(b delve into this and other election issues and come up with a better overall.:¢rategy for";:~king the City's selection process more democratic. However, he felt therei~:iS;a consen§8:~:to move forward on this. .:~;~,~::!,,?.:~::??:::. ,::.:??:~ · ¢i~:::~i!::~:?: :::;::;~;~::;:~= '~;~:.i!i~-:ii:~':;=:i~i:i:i;i:~: ..:: ;:: M/S Rodin/Smith approving wording for a ballot meas~:~?;6f "Sha!l;:the elective office of Mayor be eliminated and thereafter be appointed ~y;i;;ii~ City Council members, all of: whom serve four year terms?" to appear on the:'~i~allot of ~oyember 2003 or March: 2004, carried by the following roll call vote: ::~:,~S~;. Coun~:i~,i:.~;embers Rodin, Smith, Baldwin, and Mayor Larson. NOES: CounCil~:e'~5~rAndef{:~h~::: ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS '~;:~:':~:~:~::i?:,~:,:.~,::~: ..... 10a. Discussion and Possible Action Regarding Bill of Ri'~::~ts Re~lution City Manager Horsley advised .thai ~n:Uoore, representing th~::?~!!~a'0cino County Bill of Rights Defense Committee,. r~due:§tedthe .City Council considb~' a proposed Bill of Rights Resolution. The Commiff~e is concerned ::~at there ~:~s been an erosion of constitutional rights since the passage: of the USA :Patriot :Act~ Peter Good, 418 W. Mill, advised th~t heiS supportive ~f' the Resolution and provided the City Clerk wi~..~.::~.ig~atures of numerOUS individuals Who signed a petition. Those speaking:: in su'P~rt of the proposed ReSolution were Keith White Wolf James (1300 W;. Clay St.), DOtty Coplen, Janet Moore, Ms. Jessie Adams (Hopland resident)' Dan Hamburg (1330 Boonville Road), Tom Johnson (407 W. Mill St.), Scott Miller .(4~8 W, Mill St:), :Kar. en Rifkin (645 Walnut Ave.), Jim Werne (817 North Oak Street), Katrina ROl~i~skii:~(4:02 ':W::. Sl~ephenson), Karen Rosen (1304 W. Clay St.), and Jay Twigg::i(6~::.i,:!~eslie St.). Terry McEntee, 14 LOrraine Street, voiced his opposition to the Resolution and felt that it is not the position of the City Council or the County to speak for all citizens of Ukiah about a national issue. Councilmember Baldwin inquired if staff had researched the pros and cons of the issue. City Manager Horsley responded by saying "no". City Attorney Rapport explained that the proposed Resolution needs to be formatted tothe City's Resolutions. It would need a Resolution number, title, and the enacting Regular City Council Meeting April 2, 2003 Page 7 of 13 provision at the end of the Resolution. The content of the Resolution would not need to be changed. Councilmember Andersen explained that the Patriot Act is a lengthy document?that has been in the works for a long time. He discussed aspects of the Patri0t::;~:that'he' opposes, most notably that you don t need to have a reason to detain a ..... ,~!D.dlwdual. He. supported the Resolution and felt it is a great start. He stated that he::~,~i:~ like to see the City Council investigate what type of agreements the Police De~!~'me~'?,i~as with state and national justices, such as the Department of Justice a~d the FBl,'"='~d.:the types of mutual aid agreements that currently exist. He wanted staff [0.research:~:::~hat other types of polices the City Council could enact. He explain~.d that '~City of Arcata passed this Resolution and is working on an Ordinance that W~ld do a d:~::~ber of other: ~:. things. :.::.:~:::?:~ ::::? .... :::::::?:::::::: :: Ooun~ilmember Rodin wondered a~out the effeot:~f'the City?:~dopting this Resolution: and what predicament it puts the City s Police D~~ent in. ~::~e was interested in the answer to questions posed by Councilmembd~ ~:~en and i~::~ked Jan Moore and the Bill of Rights Defense Commi~ee for bringing this ~:~01~iSn fo~ard. Ooun~ilmember Baldwin expressed his suppo~ for the ReSOlution, however, he noted his concern for the sections of th~::.:::Resolution that describe~:'~:t'~:.~':~::.::C.O~t~ht~ of the Patriot Act, because he has not read ~e:P~triot Act in its entirety. H~::'~?:~.~:~:red a Resolution that didn't describe the content 0f th e: :':::~tdot Act. Mayor Larson expressed his con~rn with the erosio~:ofcivil rights, the Bill of Rights, and the constitution. He is ve~ c~:~berned ahd sup~'~:: of the effo~s to right that wrong, however, he has been troubled with'the Resol~i~ adopted by the City Council regarding the warjgJraq. He has re~i~ed comment~:: and calls from people who are not necessarily:::':i~?:~r of the war, b~had serious concerns about the City Council turning into :::~ .:Public debate forum for national:and international issues. He felt that there are :~a:ny people inthe community ~may be conce, rned about this issue and ambivalent, and that voice~is not being expressed. . .... ~.:::~.::..: . .,. ...... ~ .~ ::,. :.::.: .::: ... ~:::::~ M/S Smith~'Ande~s~:'~:::~:::~:~:i':~'::R~lbtion 2003-32 with the appropriate formaEing amendments ~ ~Cribed by the City A~orney; carried by the following roll call vote: AYES: Councilm'bmbers Rodin, Andersen, Smith, and Baldwin. NOES: None. ABSTAIN: Mayor ~rson. ABSENT: None. It was the consensus :of the City Council to direct staff to research what the City of Ukiah Police. Depa~ment could do if the FBI comes to Ukiah. Staff was directed to research Io~1 rights versus the national rules, and what the city of Arcata is doing about this issue. S~ff would also investigate the maEer of mutual aid agreements that exist between thePolice Depadment and other law enforcement jurisdictions outside of the City and COUnty. .~.~,: .~ ~ .,,. RecOnvened: 8:36 p.m. Regular City Council Meeting April 2, 2003 Page 8 of 13 10. NEW BUSINESS 10b. Consideration and Possible Action Regarding Resolution Supportin_q Armed Forces - Councilmember Andersen Councilmember Andersen requested the City Council consider a resolution SP~i~g the Armed Forces engaged in conflict with Iraq. The City Council previp~§i~"to~i~:~, stand against the war and he continues to be venamently against this war~iiii~::the othe'~ hand, the administration has decided to wage war on Iraq and when th~{ii~"~n, it was no longer an issue of the people in the Armed Forces having a:::~:~Ce."::~:~:~-~ ~felt it impo~ant that we show suppo~ for members of our community that :::are in th~med Forces. Those speaking in suppo~ of the proposed Resolution.~:~~eren ~=~lawski (61~:' ~ Walnut Ave.), Mary Misseldine (536 No. School S~~, M~ ~erry McEntee (14 .~ Lorraine St.), Dan Hamburg (Boonville Rd), Gord~iton (41~ No. Oak St.), Mik~ McCann, Scoff Miller (408 W. Mill St.), Gary S~i~;~'(2680~:~.~.aine Rd.), and Dani~'i::~: Winfrey (336 Tedford) :.:~?~::~.~.~::~:~.~:~.~::~:~:. .... Councilmember Baldwin was suppo~ive of th~ troo'~'~~. ~ ~e in harms way and have been placed in a dubious baEle. He felt the invasion of:'~i~:,;:~:~i~ mistaken, unethical, and a policy that is generating anti-Americanism throughout th6:'~"~rtd and related terrorism. He was suppo?ve of th~, proposed::::: Resolution if it could be:~"~ende8 ~nd suggested ?at the eighth Whereas sentenCings;deleted and the followi'~ ~Sing be inse~ed, Whereas, the ability of our &r~ S~'~iS~'{ personnel to be an~8t° peac~, progress, libe~y, and justice requires ~t~ ~u~°~ of th~ ~atibn~ communit~:';:::'~nd family. He also recommended that the sec~::~ line :of~he second ::~Resolved" sentence read "To pursue all effo~s to ensure that all priSOn.erS ~e treated i~::accordance with the Geneva .... smi~ advised that "~ is.:~,i~Portant to recognize that those that Councilm~bbr voluntarily'jOined our A~ed Forces do §~ bbcause they have an interest in being availablb= ;~at such time~,~en they are cali~ to serve their country. We should also recog'~i~':?'~:~at::they m~: ~6t ~a~e ::~e,,~oPP~rtunity to determine where they are going to go and for fight. He supported the proposed Resolution and he wanted ~le to understand that it is a Resolution about supporting our troops, . ngt about being 8~Qsed to the war. He hopes that one of the outcomes of adopting thiS:Resolution is that the citizens of Ukiah will have an attitude of support and welcome for theArmed Forces when they come. Councilmember Rodin was of the opinion that the word "support" is hollow and wanted to know if i~ ~eant moral support or a commitment to financially and socially support Veterans which they come home and that the Resolution should be clarified as to what is mean by:::"SUpport''. She suggested wording of, "To financially and socially support Veterans When they return home. To provide Veterans with accurate information about Wh~t they are dealing with in their mission." coOnCilmember Andersen agreed with Councilmember Rodin and Baldwin's suggestions and was supportive of adding "Resolved, that the City Council of Ukiah Regular City Council Meeting April 2, 2003 Page 9 of 13 urges the state and national government to fully support the Veterans of this conflict, both financially and socially, to address any health concerns that are raised from the conflict, and to work towards a more peaceful world." Mayor Larson explained that he has difficulty with this type of format; however, :he was very touched by a number of speakers from the audience. He point~d.. ~gt that the Resolution recently adopted by the City Council regarding the war in.~.~l.~?~§~Pports the U.S. military personnel serving at home and overseas in their battle::: agai'~ global terrorism City Clerk UIvila requested that Councilmembers who are reCommen~'i~§' to the Resolution provide her with the language in writing..:.:,:~,~;~?~??::;iii::::~':~?~;:~:.~:... M/S Andersen/Smith adopting Resolution 2003-~.~i,;i~ressing'::":~:~upport for American..: Armed Forces engaged in conflict in Iraq,:;:~ith ameDdments proposed b~' Councilmembers Andersen and Baldwin, and .tb~(~;~be Resol~*~i~:.:..be forma~ed to City procedures, carried by the following roll call ~t:~ ;AYES::: ~hcilmembers Rodin, Andersen, Smith, and Vice-Mayor Baldwin. NOES: 'RBOe~ :::ABSTAIN: Mayor Larson. ABSENT: None. 10. NEW BUSINESS .... ":::??:~?;;? 10c. Receive and File the Audi{~a':?Financial Statements :, :':.~:.:;;::..: .:::::::::::::::::::::::::::::::: ........ .: .... City Manager Horsley advised t~at..for the lastflve years we've~had concerns from our auditor regarding bank reconciliati0hs, miscellaneOus'aCcounts, and the reconciliation of fixed assets. These concerns ha~:::beeB:6iiminated; ~:he explained that Finance Director Elton has indicated that's m~i~iY.d~'~::to the effS~{ of Accounting Manager Mike McCann and it is.:.a.:vew significan(:~.?;~ange. She:'expressed her appreciation to Accounting Manag~;~:?:MCCann and Fina~e Director Elton. Finance:Director Elton:;advised that, ac~fding to the auditors, the City's financial records am in excellent ~ndition. The :aUditors repo~ on internal control makes the statement:that the res~ES bf:their~test :discloses no instances of noncompliance that are required to be rePg~ed undb'¢¥;::~~:ment Accounting Standards. The auditors felt there were no Kems that they felt the City was deficient in that had to be identified in accordance with Governmental Accounting Standards. Councilmembers commended City staff on the results of the audit. It was the consensus of Council to receive and file the City of Ukiah financial statements fOr the year ended June 30, 2002, audited by Davis Hammon & Company. 10. NEW BUSINESS l Od. Authorization of City Manager to Issue Request For Proposals for DoWntown Parking District Improvement Study City..:Manager Horsley explained that this Request for Proposal was discussed preViously and she felt there is a need for accurate and detailed analysis of existing Downtown-parking conditions. Regular City Council Meeting April 2, 2003 Page 10 of 13 Mayor Larson expressed concern with the future of the Palace Hotel and that it has a potential affect on the parking demand and solutions in the Downtown area. He inquired if the study would take that into consideration. Community Services Director DeKnoblough explained that staff could ~re~m'~ . that the study include discussion of those uses and what their impa~.t:'~:~ld be on' parking. Mayor Larson noted that one of the potential uses discussed for th~ ~ilding is:(~::~se it as a parking structure. He felt that it is the biggest factor, outside of th~,railroad de~Ot~ ~ in terms of overall impact on downtown parking and ciroulation~ Counc,lmember Andersen ~nqu~red about the Scope:,O~ ~rv~ :~and anticipate there will actually be serious considerati~?;~f a par'king structure in the downtown area. He stated that he is intereste~!~:~%eeing~:Some so~ of analysis ~f different parking lots and the costs associated ~i~:~!~Dd the f~ibility of, a two or three level parking structure in the downtown th~{:.~'~:'~:.:::~allevia~ ::~6me of the parking concerns. He inquired if staff could also lo°k at t~:~9~:ility '0f removing parking meters and what that would mean. He is interested in eliminating all meters in the Ci~ limits. Community Services Directo~:/~:~:~,~b:l.ough explained tha~i~ included in the RFP include discussions and P~ii~:.'~'~i~S ~ith the merchantS::~::~ downtown groups and it is anticipated that staff ~bdi8 .receiV~ ~ ;i~t bf input as fa~:'::~:~ what will actually go into the study. M/S Andersen/Smith authorizing t~ ~:~i~ ~anager:=~?sue Request for Proposals (RFP) for parking i~p[ovement studYi~i~ ~he DowntoCh Parking Improvement District, carried by the f6il~~'~:'foll call vote: ~YEs: Councilmembers Rodin, Andersen, Smith, Baldwin, andMayor Laf~Sh. NOES: No~e; ABSTAIN' None. ABSENT: None. 10. NEW BUSINESS 10e. :'. 'AdSption of Re~8ldti~nSupp0ding the National Computer Recycling Act City Manag~:;Ho~!e~ ad~i~'.~8:~:~.~t ~Ongressman Thompson has requested suppo~ for his measu~.,~romote greater recycling and reuse of computers throughout the : nation. Locally, t~t0~gh Mendocino Solid Waste Management Authority (MSWMA), the . ~i~ iS already pedalling Blot of what they anticipate doing elsewhere in the nation. Mayor LarSon noted.that When he se~ed on MSWMA, the issue frequently came to their a~ention and noWthere is a solid industw to move fo~ard with this ma~er. M/S Rodin/Baldwin adopting Resolution 2003-34, supposing the National Computer Recycling ACt, carried by the following roll call vote: AYES: Councilmembers Rodin, ;~;:~ndersen, smith, Baldwin, and Mayor Larson. NOES' None. ABSTAIN: None. ~ABS EN~: None. , .us,. ss l Of.Award of Bid to EBA Consultants for Leslie Street Gas Plant Mitigations Regular City Council Meeting April 2. 2003 Page 11 of 13 and Approval of Budget Amendment for $56,535 City Manager Horsley advised that in July 2002 staff learned that the City had owned and operated a gas production plant from 1921 through the 19405 on Leslie.St[eet. Staff conducted research on the matter and met with the Regional Water QualitY~:,~rol Board staff, P.G. & E., and the property owners. The City received one bid~:-~i~rb~m EBA . Engineering, for the sum of $56,535. City Attorney Rapport explained that the possibility of locating ia6ii to cover that risk is not very good. Insurance is not a realistic option i~ ~is matter~;~d the City is at risk on its own. M/S Rodin/Smith approving award of bid to EBA Con.~!t~ ~or Leslie Street GAS:: Plant mitigations and budget amendment to 2002-03 ~~t, id"~basing expenditure of $56,535 in account 699.1201.800.032, carried by.~ ~bllowing roll call vote: AYES! Councilmembers Rodin, Andersen, Smith, Baldwin~:~6:d May0r.Larson. NOES: None!~ ABSTAIN: None. ABSENT: None. 10g (i). Approved Phase I Fence Improvements f~:the Ukiah Municipal Golf Course in the Amount of $15,000. Councilmember Rodin advised that staff answered her qUeStiOn concerning the item. M/S Smith/Rodin approving Pb.~ i~ii fep~ improvements for i~ ~ki~ Municipal Golf Course in the amount of $15!~0.'~:"":=~:~i~d. by the following::.?r6il Call vote: AYES: Councilmembers Rodin, And~r§e~i Smith,:'~i~i~; and Mayor~'~rson. NOES' None. ABSTAIN: None. ABSENT: Nonei 11. COUNCIL REPORTS Councilmember,~ndersen reported t~:'Senmor Chesboro w~s in Uk~h on M~rch 29 at the ToddG~e Club House al6~g with Mayor Larson, and Supervisor Colfax. The Senatgr~f°vided ~ rim analysis 0~the ~te bud et situation Man eo le in g g . y P P attenda~q~ ~ere concer~d about retainin~ thb Air Attack Base in Ukiah and funding for differeO~ ~¢ial service programs. counCilme~er:: s~i~: ~~:~:~{ !i'1~ attended the Inland Water and Power Agency meeting on Ma~.i::~th. He participated in the Leadership Mendocino fundraising dinner asa celebrity waiter at the Willits Senior Center. He will be going to Washington, D.C. ' {~i~Week and then ~ill take a week's vacation and will not be able to attend the April 16th C~ Council meetingl Mayor LarSon report~ that he attended the League of California Cities Transportation Policy committee meeting on March 28th in Sacramento. Most of the discussions concerned ~ state budget and they were addressed by a State Assembly member from Southern California who has some proposals for dedicating portions of state : i::iii:[~venue, ~Ch as a quarter cent of the existing sales tax, to local road maintenance. '~'~:~¥ e~'~Cted the STIP balance to be around $4 billion but it was actually $1.8 billion. T'~'~ilJ:~be breaking that into three trimesters of $600 million per trimester of state s~ing on transportation through STIP. $400 million out of the $600 million goes to C~i~'rans for shop programs that are for the safety and maintenance of major highways. Regular City Council Meeting April 2, 2003 Page 12 of 13 The next projects to be funded are those that they are already deep into and would be costly to shut down. The last consideration is for local street maintenance. The Commission Chairman did not anticipate that local jurisdictions would receive any funding. · : Councilmember Baldwin noted that he recently read a memo from MCOG ~o the City Council that suggested that staff is pushing that the funding from the. ~llit~bypass be moved to the Hopland bypass. He felt that the Hopland bypass .wOUld ha~e .a more significant impact on the Ukiah valley and questioned if that is where the momentum is going..: · Mayor Larson explained that the matter came up at MCOG'S:?last meeti'ng. The issue concerns promising some future money, which we may.brmay"n0t get, and committing · to the Hopland bypass because so much has alreadY been committed to the Willits bypass. When the state begins evaluating different~:Projects.ilike the Hopland bypass, which is only in the rudimentary stages of conSi~Sration at (~i§ point, they judge the local support for these projects by how much of 'y0urSB45 funds, which is the money that MCOG gets to allocate, is committed to any given major project. He reported that he waited tables at the Leadership MendO¢ino dinner. He will be attending the Main Street gatherin.g tomorrow night and hopeSother.'.Oouncilmembers will also attend. He will be traveling With City Manager HorsleYi~Adrninistrative Analyst Burck, and Councilmember Smith'to Washington, D.C. to requeSt funding for the City's wastewater treatment plant.: ' 12. CITY MANGER/CITY CLERK REPORTS City Manager Horsley advised that..~he City has received increased concerns and complaints abouttrash and littler at hSmeless encampments. A lot of it is near NCRA property and theydon'thave the peopleto clean it up. Staff will attempt to organize a City of Ukiah employee day to clean up a Site. She felt it is a continuing problem but the City will continue to work with the neighbors and NCRA. · . City AttOrney Rapport informed:Council that he would not be able to attend the next Council meeting, if c0un~il haslbgal questions on any agenda item, they should get them to staff in ~d~ance of the meeting so that staff will be better prepared to respond to them. ·: Adjourned to Closed Session' 10:13 p.m. Reconvened' 10:45 p,m. 13. CLOSED SESSION ConferenCe with Legal Counsel- Anticipate Litigation, Significant exposure to litigatiOn pursuant to subdivision (b) of G.C. §54956.9(1 case) No action taken. · · 14. ADJOURNMENT Thbre being no further business, the City Council meeting was adjourned at 10:50 p.m. Marie Ulvila, City Clerk Regular City Council Meeting April 2, 2003 Page 13 of 13 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, APRIL 16, 2003 .... The Ukiah City Council met at a Regular Meeting on April 16, 2003, the had been legally noticed and posted, at 6:34 p.m. in the Civic Cer Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin (arrived 6:50 p.m.), Anden in, and Mayor Larson. Councilmember absent: Smith. Staff Director Barnes, Interim Fire Chief Cohn, Community Services City Manager Horsley, Acting City Attorney Johnson, Deputy Seanor, Planning Director Stump, Police Captain Walker,:~,::::~!ice 2. PLEDGE OF ALLEGIANCE ...... ::'~?ii!i~?~:~'~'~:' J.D. Morgan led the Pledge of Allegiance ...... ::::,~!i?,iiiiiiiiii ? .... 3a. ~rkers Memorial Dali in th~::~ili Mayor Larson read the Proclamation proclaiming April":'~'~ii~¢03 as Workers Memorial Day in the City of Ukiah in recognition of workers killed, inj~'~i~,i:~i,,~nd disabled on the job. Terry Poplawski accepted ........................... ation on behalf of?:i~iii!ii~docino County Coalition of Union Members Council. 3. PROCLAMATIONS 3b. May 10, 2003 is NALC Nati~: Mayor Larson read the Pro( Association of take part by letter 10, 2003 as National Ukiah and urged all citizens to mailbox on Saturday, May 10th so their Bank. Rand behalf of NALC and thanked the City 4. PRESEI p ~ · ..... , ::~.:::~,,~:~, .... resent; of the Year Awards by C,ty Manager Horsley !iiiii',i!i¢iiiiiiiii! i~ager that an employee might be nominated for a sp(~cific ??::~ proj~'~ii~iii~deavor in f demonstrated service and response above the norm or for c~Stently sh excellence in a variety of ways. She,, announced that Rebe,,cca ~Zalez a~E'~Jim Looney have been selected to receive Employee of the ~b~a G~al~ and dim ~oon~v thanked the City for the award 4~}~6Un~ilm~mb~r~ Rodin, Baldwin, and ~a~or Lar~on to ~ad ~o~m~ C~ilmemb~r Baldwin, ~a~or ~ar~on, and Cit~ ~ana~r Hor~l~ (for Co0ncilmombor ~odin) road a poom. ~o~ular City Council Mootin~ ~pril 1 ~, 200~ 6:50 p.m.: Councilmember Rodin arrived at the meeting. 4. PRESENTATION 4b. Presentation of the Mayor's Medal of Valor, Certificates fro Other Commendations to Police Sergeant Marcus Young, Juli~i.i.~vella, Mayor--L-~-r~a~ that this presentation is for Police Serge~ii~ar~'~ ~Oung, Julian Covella, and Brett Schott regarding their activities concer~' the rec~ ~al- Mart incident. A video was shown of an interview of the three indi~ Is on Walsh Show from New York City. ~'"~ .... Police Chief Williams thanked the City Council for ta to recognize three very deserving individuals for their valor an~ actions on the night March 7, 2003. He recognized many others inw the incident. Mayor Larson described the incident 14 responded to a fire and evacuated 13 people and Valor. Jim Wattenburger the Mayor's Medal of Jim Wattenburger explained th; they are ordinary people who, for the citizens of Ukiah. Mayor Larson presented the Julian Covella, and Police Sergeant award, that stand and did it Schott, Police Cadet Julian Covella, .~:.~::~chott, and Mi Young expressed their appreciation to the community, t~iii S~ and those and agencies that came to their aid H~ from theli'~iii~"erican Legion Post 76 and the District Corn~n( ion Certificate of Appreciation and Citation of A and Marcus Young for bravery. ssed' 7:42 ned' 7:57 City Clerk meeting be Councilmember Rodin left the meeting. OI Meeti .... of March 19, 2003 requested that the draft minutes for the March 19, 2003 regular itinued to the next City Council meeting of May 7th. MI Meeting Minutes of April 2, 2003 approving the Special Meeting Minutes of April 2, 2003 as , carried by the following roll call vote: AYES: Councilmembers Andersen, Regular City Council Meeting April 16, 2003 Page 2 of 11 Baldwin, and Mayor Larson. NOES' Councilmembers Rodin and Smith. None. ABSTAIN: None. ABSENT: Mayor Larson read the appeal process· M/S Andersen/Baldwin approving items "a" through "d" of the C i~i ~i~,ar as a. Approved Disbursements for Month of March 2003; :'~':'~::~:~:~'!~:!iiiii!~'ili',!~:iii~::: b. Rejected Claim for Damages Received from Lynn Harri~iii~d Ref~iii~to Joint Powers Authority, Redwood Empire Municipal Insuran.~i~,~ ..... c. Reported on the Acquisition of Flexible Crack Sealan~ii~6m ~¢~hmerican, Inc, in the Amount of $5,429.53; .... ::~,~'~',i~,ii?~i!~:'?,~ii~,i','~i'? ..... d. Awarded Three-Year Contract to Applied Deve~~nt Ec~omics for Grant Consultant Services. ::,~::,~,~:~,,~::,,~,~,~,~,:,~ ...... :':,~i~ii?,i!~ii~,:~,:~ .... Motion carried by the following roll call vote: Baldwin, and Mayor Larson. NOES: None. Councilmembers Rodin and Smith. 9mbers Andersen, None. ABSENT: 8. AUDIENCE COMMENTS O~i ENDA ITEMS Ana Araiza, 781 Cindee A~~~~.d Rebecca Go !z for her award as · · ?"~' ...~:/ '~'~i~i~l~ .,..., ~'i~j',l~ii~:::.~ii,~..~ .... ' . one of the recipients of the~i,~?~pi~e of ~~~ noted proud she ~s of her Mayor Larson noted that there ha~ ~:' requeS~ ~;~:~hear item 9c earlier on the agenda due to pa~icipation, was no 0~jection by Council. 9. UNF~SHED B 9c. Discus. City er that emails w~ :il. Services id not receive any formal documents or week two groups contacted staff and their Araiza, s as Co-Chair of the Latino Coalition, explained that they brought ;ue of the of compliance with the bilingual police officers that are em the hopes they can work with the City in the spirit of networki~ii?~ooperati~ :tive criticism, and unity. Marlene R~ii. speaking on behalf of the Alliance for Human Rights, read a letter that was submitt~i~i?into the record that expressed their concerns a, nd disappointments in the i?~i~,: City of Uki~ lack of priority and attention to the California s State Law for providing ~ually c ~'~tent services in the Spanish language to its Latino community. ~ iiii~aking in support of the City providing more bilingual services were Aha A~::' (Latino Coalition), Ricardo Negron, Marlene Ruiz (Alliance for Human Rights), Zezzy, Juan Hernandez, Jay Twigg, Richard Johnson, Linda McClure Regular City Council Meeting April 16, 2003 Page 3 of 11 (Green Party of Mendocino County), Terry Poplawski, Greg Krouse (Quakers), Halley Duvrell, and Paul Casteel. Mayor Larson recommended directing staff to compile ideas for a ~ composed of members of the City Council, public, staff, and law enf~ ~ent?~??~:,~ address some of the items that are of particular concern to the Latino com~==~y. City Manager Horsley explained that staff met with some repr.9 tiv~ii~ut a month ago regarding utility billing services. Applications for elect~iI water, a~d ~sh service have been translated to Spanish and staff plans to do t~ii ~me for ~"~.[ service and other applicable documents. A Spanish conve.[~onal in~tor will m~/.:~t with the Finance Depa~ment staff to train them in Spa~?~ases. ::~:~e discussed~? recruitment procedures .... ~:~?~ ~?;:~:~:~ .......... ~'~?~;~ ;~ Councilmember Baldwin made a statement i~ expressed his support for more City employee Spanish, as well as new employees to be program for Police Officers to learn Spanish expressed the importance of young people to learn to that they can be qualified for jobs in the Ukiah communil jobs elsewhere ................. then in English. H~?':,?:~: O~[~ to be able to speak He::,,,~::~8!~mended a teaching their culture. He ~rate in two languages so ~!yi~!i,:higher paying Councilmember Andersen cultures in our community.,;i National Latino Police Officers about their procedures. He sugg Councilmembers, City Manager, understand other e Police~:~'~:i!Department talk to the Officers Association comprised of at least two Fire B~Chief, Personnel Director, Fire, ~er City departments, and with and at least a c~~Jine staff in citizens in the,::,~ i~i~unity to the matter. Zezzy o~~:'"to teach ~ish and his c~i~ii?¥~r two hours a week to the Ukiah Police Ana Araiza~"i~~: !~':'::'"::"~'::'~'~~i~i~'lice Department in translating services for free. She recomme~~ ~t~hat the City prioritize finding bilingual personnel. rrell, 2214~e..:,.,~ive, Redwood Valley, advised that the Police Depa~ment ~,ar,~ 9r claS:~~ches evew summer where there are about 30 bilingual studentS~;(~, wanted ~:~i:;~Council know that the police are a~ending classes to recruit bilingual P~!e. It r~fiY helps the students understand the police and they begin to develop a r~~ with different police officers. Greg Krou~? Philo, Green Pa~y member and a Quaker, discussed some of the ~.~:~:~:~::~::~stoms ~ed to being a Quaker and voiced his suppo~ of more bilingual employees. expressed her interest in being on a committee related to this matter. Regular City Council Meeting April 16, 2003 Page 4 of 11 Mayor Larson recommended referring the matter to staff to put together the structure for a committee to deal with this matter. Councilmember Andersen stated that he would like to know how mare employees the City employs. He would like to obtain information concern' programs available in the Ukiah community. He inquired as to what Police Department patrols and what events they attend so that we will what more we can do. He wanted to see recommendations come as well as a timeline for when they are going to be implemented. that some members of the community are grandstanding with this Mayor Larson stated that he didn't think the committ Council participation and it should be limited to two me staff, and the Latino community or other intt delegating staff with the responsibility to seek o~ have approached the City, interested peo committee. about ~rn members of City people. He recom mend e~,~ ?~?~!~~ ~::~two organizations that; com~iDDiW to serve on the . UNFINISHED BUSINESS Introduction of Ordinance Amending the PERS Coverage Grou M/S Baldwin/Andersen Introd roll call vote: AYES: Counci None. ABSTAIN: None. laneous by the following ior Larson. NOES: h. City Clerk Ulvila read the title of contract between the City Council of of the California System?' an amendment to the the Board of Administration M/S by the following roll call vote: AYES: and Mayor Larson. NOES: None. ABI Rodin and Smith. 9. 9b. Ado Implementing the Paths, Open Space, and Creek- Commi: ity DeKnoblough advised that at the last meeting Council ,::~,:.:~: ado rdinance creating the Paths, Open Space, and Creeks Commisi In the ordinance and proceed with appointment of members implementing resolution is now required, Still to be defined by Council for in the resolution are the terms of service for Commissioners, procedures appointment, and any additional criteria such as residency or possible i ~i:,?:~:~:~ profession~i~ffiliation. member of the Park, Recreation, and Golf Commission, advised that th:~iiii~b been under the assumption that creeks, open space, and trails were part of the~ ~rview. Regular City Council Meeting April 16, 2003 Page 5 of 11 Councilmember Baldwin explained that he would continue to bring before Council the idea of individual Council appointments to the committee. However, he felt it would make more sense to support the traditional manner of appointment of the five me,~bers. He would support a process similar to the Planning Commission appointmentsii;~ the residency requirement. Another option would be have a majority, Airport Commission, be residents of the City and two other members be:~~entative~ ~: from the Sphere of Influence. Council Andersen advised that he is open to having at least one::',i~ition be i~ble to a County resident and a specific seat for a current member of th~"~'~ii~ks, and Golf Commission. He was suppo~ive of having stagg~d app~i~ents so they are not all appointed with the same expiration date f~~i~m. Councilmember Baldwin suggested using the lang~~ from the Airpo~ Commission?::? as noted on page 3 of the staff repo~. .:~:::~?:?~ :~: ..... Mayor Larson stated why he voted against t~~~ion~:~:~~:.ecause he felt that it was already the area of concern for, existing commi~~ich ~aven't had the time and more specifically Council hasn t allocated the re~:: s to staff to provide any material for these commissions to deal with. He reco' :ded a..::~:~mmission be comprised of a member of the ~:~J~nning Commission, P~'~?~;~:Be~ion and Golf Commission, Traffic Engineeri~ ~,~, preferably some~~ has pedestrian interests in mind as well ~:.~::~~ki~:~?~~cling, and ~?~embers from the surrounding area. He fel~;~!~;~i'm~ant th~f::'~"'~':~~jgrity of t~~:~' Commission be City residents or representative ~"the C~n some~::~?~ ~.~ M/S Baldwin/Andersen that the me~:~?~::establi~:~::::~he Paths, Open Space, and Creeks Commissj~e identical to t~~Ction 1101'~f the Ukiah Municipal Code for the Airpo~ Co ~d amending :~:Resolution as such. Counci!~ber Ande~h was of the a~,~!en that the Parks, Recreation, and Golf Commi ~:~. deals mq~?~ith golf relat~:'~sues than paths and open space, and ther~:~?~.~w com ~ ::~ ~::their time to those specific issues. Lorie Leaf in~~?~::~ there is moneY in the City's budget for acquisition of open space Ma~~on advis~~~re was $185,000 set aside in an Open Space Acquisition Fund/SP~Projects~''' about a year ago. Melody va~ disagreed with the idea that most of the discussions of the Parks, Recreation, ~U Golf Commission centers on Golf Course issues. Many other things are discusS?at their meeting. If the City Council has issues regarding open space, ~:ey shou~:~;~ve brought it to the Commission's aEention. ~~~rried by the following roll call vote: AYES: Councilmembers Andersen and Ba~. NOES: Mayor Larson. ABSTAIN' None. ABSENT: Councilmembers Rodin an~:Smith. Regular City Council Meeting April 16, 2003 Page 6 of 11 Discussion followed relative to the Resolution. M/S Baldwin/Andersen Adopting Resolution 2003-35 establishing the Pathi~iii~n Space, and Creeks Commission as amended .... ,,,~!i~iii!iiiiiiiiiiii!~!~? ........... ~'~iiiiiiiiiiiiiiiiiiiii~iiiiii~:,~:,~ Charles Peterson, Point Arena, recommended that the City Cou the responsibilities of the Parks, Recreation, and Golf Commission pen Space, and Creeks Commission soon. Motion carried by the following roll call vote: AYES: Cou.neitmemb~iAndersen Baldwin. NOES: Mayor Larson. ABSTAIN: None. ABS iiiiiii~ouncil~bers Rodi~ 10a. Approval of Letter of Support For The,,~mia Mai~i~!~[eet Pro_qram and Risk M~Budget Officer Harris advised 'that th~!~,i~~'~l is {or a letter of support for AB 1123 that is going through the State at the ~::~t time. It would put the California Main Street Program under the auspices of ':'~¥~ii'~i!~State Q~ice of Historic Richard Moser, President o~?,i ....... :::~:: i ..... Program, requ~~=: the City Council's support in the recommend ~:"'of,~ii~. ff. '"'"'~"~:<~ii~!~!i!ii~i!iiiii!i?,~il~,~,~:.:~, ........ M/S Andersen/Baldwin approvin~er.:~::~~pp0~~e California Main Street Councilmem~ d the Ukiah ~b:: Street Program for their hard work. Motion .:~::~?~d by ther~lowing roll c~~:~; AYES: Councilmembers Andersen, Bald~j~~d Mayor .~;~Son. NOES~ ?~one. ABSTAIN: None. ABSENT: Recessed: 9 ~~::~ 10b. D~® ssion an,~ royal of Mendocino Solid Waste Management Authority (M~A) And~:i Budget , Mike Swee~,-MSWMA General Manager, discussed MSWMA s annual budget and described t~~, various, programs under MSWMAs pu~iew as well as pe~inent :~:~::;~::~::~?~:~?~:~informatioq=~=~:~::~ Council s consideration. Due to numerous reductions, the proposed ~:~:~?~?~:~b~dget i~:~Proximately $40,000 less than last year's. He noted that they do not :~:~.ip~ ~y change in the surcharge, which is the core funding, for the ne~ year. At t~:'~ ~::::time, all of the programs are continued in affect. Regular City Council Meeting April 16, 2003 Page 7 of 11 Councilmember Andersen explained that he serves on the MSWMA board and they discussed the budget in detail and were satisfied that it is less than the previous year given the tight economic times and that some of the income is less. Mr. Sweeney responded to an inquiry by Councilmember Baldwin regard.i~ii~ "oil grant" and explained that the State of California collects 16 cents per :~l~h on retail~:::~: sale of all motor oil that goes into a fund. MSWMA has administered,,,,,,,~i~'~;i~::~,~::.pooled the jurisdictions' per capita allocations, and utilized that for approv9~i~:;i~rpo§::~i ~::~ainly to recycle oil, hazardous waste, and do related projects that meet t~i~ ~rant crite:~ii~i ~::~he approximate amount is $35,000 a year. ::~%~':¢:?~??~ M/S Andersen/Baldwin approving the MSWMA annual? ~=~Jor fi year 2004, carried by the following roll call vote: AYE~ou'~embers Andersen, Baldwin, and Mayor Larson. NOES: None ..... ~?~?~=STAIN: ..... None. Councilmembers Rodin and Smith ~:=~¢~ ? ..... 10c. Authorization of Mayor to Execute a Memb~:~'~ ent~:For Financing of planning and Development Activities of HydrO ic Project Number Two Relative To The Poe Hydroelectric Project ..... :::'~?~:~?~?~:~:~ ........ that at the Februa'~~ ~3 Commission staff to sub~~mpeting license expires in S~~ber 2003. This is ,. There1~:=?no commitment for us Public Utilities Director Barnes meeting, the Commission a for the POE Hydroelectric only for the study phase ant to be a participant in the g M/S Baldwin/Andersen to ex a Member Agreement for financing of plan:Bi~ d develo of H~'~roelectric Project Number Two relative to th~:~:,~,,~i ili! lectric Proje~iii~arried by the following roll call vote: AYES: Councilme~~ And~, Baldwin, a~iii!i~:~t Larson. NOES: None. ABSTAIN: None. NT: Coun~embers Rodin~:'!~i~mith. 10d. Dis :~::~ ..... ~:~~ii ~ Regarding Video-Taping and Televising City C~~Meetings - :, ~,~pcilmember~:~'~::~ersen advised that he is bringing this matter back for discussion ~,::,he has a ~ ~a[:,:;~ an interim solution to videoing and airing of City Council meet'~i~?~?~i~he proce~ i~ video recording and as discussed previously, there was an esti~:'~iiii:¢f $50,0~iii~::~ creating a studio in the Council Chambers with a couple remote c°~iled ca~:~s in the Audio Visual room, Given the budget constraint that we face, th~i~iprobably not a very realistic thing to try to accomplish this year. propos~?,~,ihat the City commit the balance of unused funds budgeted in the 2002- ~¢03 fis~iii',~ear for the November 2002 election ($4,673) to purchase equipment '"::~s~ii',i~br a bare-bones live and recorded delivery of City Council and/or Planning ~8~~ion meetings, including but not limited to equipment listed in his report. He reqUeSted that Council direct staff to negotiate arrangements with Adelphia for the airing of 'City Council meetings live and at least two more times during the week, that we Regular City Council Meeting April 16, 2003 Page 8 of 11 advertise and interview for a professional level camera operator, and that Council commit 10% of the Cable Franchise Fee to a separate reserve fund for ongoing expenses, possible upgrades and future purchases into the system if fran'~bise negotiations continue to be delayed. He noted the importance of televising m~i~ keep the public more informed ..... Councilmember Baldwin thought the proposal is a tremendous his main concern would be about jumping the gun on the budget for is a step in the right direction. It would be good to get staff's input and with regard to hiring someone to do the work. City Manager Horsley advised that she contacted the City for putting it on the channel. Discussion followed with regard to the cable ch~ whi. Ihe meetings would b~ broadcast. Concern was expressed that tht in programming of meetings and the televising of arts prog City Clerk Ulvila explained that she is supportive Planning Commission meetings televised. She remindei portion of the City Budget is unde informed the City Council of thc studied her budget and had the upcoming budget hea~§'. requested that the City C6'Uncil Election to be transferred to the nc part time college student to assist th, Laser Fiche records retenl Mayor the p recomme however, about having the City Council and t~:~,~,:,: the Elections After she had to the City, she City Council at matter'~'"~i~~'~' now agendized, she in savings from the pay for the services of a scanning documents into the and research of documents, as well as for tee 'the City Council meetings. He realizes is under to m~in the public records and he supported her in her budget into things that she needs to do, get deliberations. He expressed his concern production being televised. It was his opinion that Council money to do a trial run for televising Council meetings. He felt et deliberations are only a couple months away and et considerations. ,er And~en advised that he would be happy to take $5,000 out of the Fund for this. At this time, especially with the budget situation and the update, it's a vital time for people to know what the City is doing. Baldwin advised that he would strongly support directing staff to find to get this project underway and to come back with a proposal on concepts to operate the equipment. He noted that a tripod is one of the keys to a video. He is very supportive of this, whether the money is in Reserves, Special PrOjects, or Council's Community Outreach funds. Regular City Council Meeting April 16, 2003 Page 9 of 11 Councilmember Andersen added an amendment to th~ to Council within six weeks with a specific list of Mayor Larson noted that the intent is to focus on televising City Council meetings but in justifying dipping into that fund, if we were to make the equipment and the Chambers available to those groups that the Council has a problem fun( profits), they could do televised programming and even fundraising. M/S Baldwin/Andersen directing staff to locate up to $6,000 in fundi~ii~i ~uipment purchase for the televising of City Council and Planning Commi~'?me~S,'~::' and report back to the City Council within six weeks with a plan for op i~n of the{~:~ m and the concept for staffing the operation. S~ report baC:~'~ M/S Baldwin/Andersen approving amendment roll call vote: AYES' Councilmembers An~ None. ABSTAIN: None. ABSENT: Coum ~or Larson. NOES: Jith. 11. COUNCIL REPORTS .... Co~b~en reported that he attended a'"~"~i,ng Committee meeting this week and there will be a publ )using forum sometime 'i'~i!ii~ ( ed by another housing forum dealing more s estate and archit~ ~unities. He felt there is a good group of pe(l and they ar~,,i~"~ussing mixed use, cluster housing, and gettin! ii..i be~n"~'=~'~';~Signed to the City for housing. He has some information con~ Assembly bill that,,~~, with local that jurisdicti~iiii', ~S~ Ukiah, .,o~ Charter citie~il~:~'e the:~:~i~ones allowed~:: would a, .................................... i amend t~ii~lectoral CodI electi¢ was hopi~ii~he City Coun He attended and on M~ and there is a specific freedom a~:8 it would change the state code involved in instant run off voting. Currently instant run off voting and this bill any city to participate in that type of submit a letter of support at a future ;ague of California Cities regional meeting in Eureka over the it very informative. He is looking forward to Legislative Days in 15th and hoped that other Councilmembers would also Councilmi ,er Bal~? reported that he attended the League of California Cities meeting in and it was worthwhile. The reports by Senator Wes Chesboro and Assemblyw~n Patty Berg were very interesting and articulate. He was also impressed :~ the reports from representatives of the cities who are keeping track of H::i~iiii~{:" interesting experience was at the most recent Inland Water and Power C~ission (IWPC) meeting in which there was a contentious interaction between SUpervisor Mike Delbar and one of his constituents who represents the Redwood Valley Regular City Council Meeting April 16, 2003 Page 10 of 11 Water District. Also present were Supervisor Wagonette, Jim Stretch (Interim Director of the Water Agency), and Ross Mayfield. He was able to interpret the position of the Water Agency at this point of "we definitely want the wording changed if you wa.o~,~i:,i~U:~ to stay involved", but the group didn't want to explain any details of any plans th~ii;~i~ He stated that he thought it was precedent setting. We might reconsider, what they said a "domino affect" if the first right of refusal d::,~i~t apply t6 the County Water Agency. He questioned how that impacts the W~h~'~.'~"::~l~e:: of the IWPC and how would it impact the City of Ukiah's relationship to theJ~PC. Mayor Larson reposed that he went to Washington, D.C. and it aP~:~[~d to be :~:~::~ successful venture. He learned a lot and made somg~:~gpod c~~ ts with representatives. It really helped to shape how we de~i~?~:~, pres~::~¥ the project~:~:~::~ depending on the source of funding, the sponsoring le.g~i~r, '~i8~:?:?~ He thought that the City would receive a favorable response and the City,~j~'jlowing up with le~ers He repoAed that the Board of Forestw, wh.i~i~::~,::~:,,~::a com~en appointed by the Governor, has disclosed that they are in fa~?,;~i~'~?~Bing ~'~?'~'~iah Air A~ack Base open. There was a brief discussion concerning which Councilm~~ had p~ned to a~end Legislative Days in Sacramento in City Manager Horsley an a~i~ation to the Russian River Flood Control District for able to make a deal for water only in the summers that we not be possible and we may have to pay for water every if we d~ se it eve~ summer. ....... :~ ::~ :.~:~ ...... City Clerk U.~~~ the City C~'~il for...submiEing their FPPC form 700's and reminded th~:::'~o reC~their large en~o~?~~ She also thanked Council for taking her reco~ndation wi~egard to the f~?~vailable in the Elections budget under ..... :?~:~:' ....... Ther~hg~ no fu~he'~:~~s, the City Council meeting was adjourned at 10:43 p.m. ':::~!iliiii~i~i!i!iiiii!ii~i~iii~i~i!i~i~ ::::::::::::::::::::::::::::: Regular City Council Meeting April 16, 2003 Page 11 of 11 MEMO Agenda Item: 4c TO: FROM: Honorable Mayor and City Councilmembers City Clerk Marie Ulvila ~~/F~.~.~ ~--~xr-~A~'~? SUBJECT: City Council Meeting Minutes: April 16, 2003 DATE: May 2, 2003 Every attempt will be made to forward the Draft Minutes of the April 16, 2003 City Council meeting to Council for review by Monday, May 5, 2003. Memos: CC041603 - minutes AGENDA SUMMARY ITEM NO. 6a DATE: May 7, 2003 REPORT SUBJECT: REPORT TO COUNCIL REGARDING PURCHASE OF COMMAND VAN EQUIPMENT FROM MASTERSON COMMUNICATIONS IN THE AMOUNT OF $6,815.26 As a result of the debriefing and evaluation process following the Wal-Mart Shooting incident, the Police Department identified additional equipment required to meet the demands generated by such situations. To upgrade the Command Van, additional portable radios and flashlights are needed. Also necessary to assist officers in the future, is the Emergency Encoding feature for portable radios. Officers pressing a button on their portable radios will activate the Emergency Encoding feature on all portable radios, which will allow patrol officers to summon emergency assistance without talking on their radios. Bids for these items were requested from three vendors, and each returned a bid: Masterson Communications $6,815.26 Precision Wireless Service $7,547.17 Williams USA $8,250.59 Masterson Communications provided the lowest overall bid of $6,815.26 and a purchase order was issued. For this purchase, money from the Asset Forfeiture Fund, Account 200.2001.800.000, was be utilized. RECOMMENDED ACTION: Receive Report Regarding Purchase Of Command Van Equipment From Masterson Communications In The Amount Of $6,815.26. ALTERNATIVE COUNCIL POLICY OPTION: None. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey, Police Captain, and John McCutcheon, Detective Sgt. Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None APPROVED: Candace Horsley, City,Manager AGENDA SUMMARY ITEM NO. 6b DATE: May 7, 2003 REPORT SUBJECT: AWARD OF BID FOR 6,000 FT. OF 750 MCM ALUMINUM, 15KV, XLPE PVC JACKETED, CONCENTRIC NEUTRAL, SINGLE CONDUCTOR CABLE TO AMERICAN WIRE GROUP IN THE AMOUNT Of $21,428.55 A Request for Quotation through the formal bid process was sent to 17 suppliers for 6,000 ft of 750 MCM, 15ky, XLPE PVC jacketed, concentric neutral, single conductor cable. Eight bids were received and opened by the City Clerk on April 22, at 2:00 p.m. The bids were evaluated by Staff and the lowest compliant bidder was. American Wire Group with a total bid of $21,428.55 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2002/03 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award Bid To American Wire Group For 6,000 Ft. Of 750 Mcm Aluminum, 15ky, XLPE PVC Jacketed, Concentric Neutral, Single Conductor Cable In The Amount Of $21,428.55 ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and remand to Staff with direction Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Stan Bartolomei, Electrical Supervisor Judy Jenney, Purchasing & Warehouse Assistant Candace Horsley, City Manager 1. Bid results APPROVED :~' Candace Horsley, ~~y Manager ATTACHMENT #1 BID RESULTS 6000 feet, 750 MCM ALUMINUM, 15KV, XLPE PVC JACKETED, CONCENTRIC NEUTRAL, SINGLE CONDUCTOR CABLE Consolidated Electrical Distributors Wesco Distribution Inc.* The Okonite Company** American Wire Group, Inc. Western States Electric Inc. Wind Turbine & Energy Cables Corporation Stephens, McCarthy & Associates Pirelli Cables & Systems*** NO BID $20,087.92 $20,881.58 $21,428.55 $21,724.50 $22,316.58 $23,082.35 $37,301.55 *Bidding 600V not 15KV **Bidding EPR not XLPE ***Bidding 10,000' not 6,000' ITEM NO. 6¢ DATE: May 7, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO AC&R SERVICE FOR THE PURCHASE OF SEVEN REPLACEMENT HIGH EFFICIENCY HEATING AND AIR CONDITIONING UNITS FOR THE CIVIC CENTER IN THE AMOUNT OF $29,680 AND APPROVAL OF BUDGET AMENDMENT Through the Peak Load Reduction Program for Municipal Electric Utilities, the City of Ukiah received additional grant funding after the completion of the 2002/03 budget in the amount of $27,390 to replace Iow efficiency heating and air conditioning (HVAC) units with high efficiency units. This purchase will complete the replacement program of all of the old units at the Ukiah Civic Center. The Community Services Department in conjunction with the Public Utilities Department obtained bids for seven high efficiency Bryant HVAC units. Sixteen companies and eleven business exchanges received requests for quotations and a public notice requesting bids was published in the Ukiah Daily Journal on April 13th and 18th. Six companies responded to the request for quotations by the April 22 deadline with AC&R Service being the Iow bidder in the amount of $29,680. Additional funds in the amount of $2,290 for HVAC replacement were budgeted in the 698.1915.800.000 account and will be used to supplement the $27,390 received from the grant so that all seven of the remaining old units can be replaced. Attached for Council's review is the bid summary sheet and budget amendment worksheet. RECOMMENDED ACTION: Award bid for the replacement of seven heating and air conditioning units for the Civic Center in the amount of $29,680 to AC&R Service and approve the amendment to the 2002/03 budget authorizing expenditures of $27,390 in account 698.1915.800.000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff with direction. Citizen Advised: N/A Requested by: N/A Prepared by: Sage Sangiacomo, Community Services Supervisor Coordinated with: Candace Horsley, City Manager Larry W. DeKnoblough, Director of Community Services Darryl Barnes, Director of Public Utilities Ann Burck, Administrative Analyst Attachments: 1. Bid Summary Sheet 2. Budget Amendment Worksheet Candace H0rsley, (~ity'~nager Attachment 1' W ~ m n n~ rn 0 0 © ITEM NO. 6d DATE: MAY 7, 2003 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM CURVES FOR WOMEN UKIAH AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Curves For Women Ukiah was received by the City of Ukiah on April 28, 2003 and alleges damages due to sewage main backup at 628 South State Street on October 30, 2003. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject Claim For Damages Received From Curves For Women Ukiah And Refer It To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant ~ Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim of Curves For Women Ukiah, pages 1-2; f\ mfh:asrcc03 Candace Horsley, City I~ager 0507CLAIM ~ - ..... ~ ~en'~:.a ~rneson 707-445-47S7 p.1 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIF~ ~ This claim must be presented, as prescribed by Parts 3 and 4 of ~ o e Divfsion 3.6, of' State of California, by the claimant or by a person acting i r~ [ .................. on his/her behalf. 300 Seminary Avenue ClT'Y OF UKiAH Ukiah, California 95482 CITY CLr-SK'S CLAIMANT'S NAME: . 2. CLAIMANT'S ADDRESS: Number/Street and/or Post Office Box . Home Phone Number State Zip Code Work Phone Number - Cay State DATE OF THE ACCIDENT OR OCCURRENCE: ~ PERSON TO WHOM NOTICES _REGARDING TI'lIS CLAIM SHOULD BE SENT (if different from above): 6. G_~_ ~F~. L DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additionaI e s . if space ,s needeo): _ _ _ pag (,. r), ' more . .. NAME(S), ff known, OF A~~B~C EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: 8. WITNESS(ES), ff known (optional: b. Address Telephone Rpr ;?8 03 lO:Ola Ren%ia Rrneson 707-445-4767 9~ DOCTOR(S)/HOSPITAL~S), if any, WHERE CLAIMANT WAS TREATED: a. Name ]~.) /,~ Address b. Telephone 10. GENERAL DESCRIPTION oF THE INDEBTEDNESS,* OBUGATION, INJURY, DAMAGE OR LOSS so far as if may b~, known at the time of i~resentaEon of the claim: J}q ~'(/ ~,'~r ~ '7'0 3 ~ ~[--F~ 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shail indicate whetherthe claim would be a limited civil case (CCP § 85). ' Amount Claimed $.. or Applicable Jutfsdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAJMED IS AS FOLLOWS: Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages loc General damages: b. Estimated prospective damages as far as known': Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: $ $ ~'~:his claim must be signed by the claimant or by some person on his/her behalf. A claim'relaEng to a cause of acfion for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of ach'on, whichever is longer. Claims relating to any other ca,.~es of action shall be presented not later than one (1) year. afler~ccru, al oglthe cause of ach'on. Dated: '_ .~P/~. .~ ~ ~ ~J. ~_ ~).~~ ,, SIGNATURE OF CLAIMANT(S) ...-.'~ ~- ....~ Received in the Office of the City Clerk this ~.. (.. day of /~*2-.Z./;.~'_~.., ,20 ~ . - / ' ~ .,, '1,"~./; m ., NOTE: This form of claim is for your convenience only. Any other type of form ma desire~ as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rfghts or to interpret any law. If you are in doubt regarding your legal rfghLs or the interpretation of any law, you should seek legal counsel of your choice at your own expense. AGENDA SUMMARY ITEM NO 6e. DATE: May 7, 2003 REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING THE CITY OF UKIAH'S MISCELLANEOUS PERS CONTRACT TO 2.7% @ 55 At its March 19, 2003 meeting, the City Council adopted a Resolution of Intention to Authorize amendment to the contract between the Board of Administration of the Public Employees' Retirement System (PERS) and the City Council of the City of Ukiah to provide Section 21354.5- 2.7% @ 55 Benefits for local miscellaneous members. The Ordinance authorizing the amendment was introduced at the April 16, 2003 Council meeting. The Ordinance has been prepared for adoption. Upon adoption of the Ordinance by Council, the proposed contract amendment will become effective on October 12, 2003. Staff recommends adoption of the Ordinance authorizing amendment of the miscellaneous PERS Contract to provide 2.7% @ 55 benefits for local miscellaneous members effective October 12, 2003. RECOMMENDED ACTION' , Adopt Ordinance Authorizing an Amendment to the Contract Between the City Council of the City of Ukiah and the Board of Administration of the California Public Employees' Retirement System. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt Ordinance and provide direction to Staff. 2. Refer to Staff for further information. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Ordinance Authorizing Amendment to PERS Contract 2. Amendment to Contract -- Candace Horsley, City r~nager 3:MOUV~,SR2.7adoptord ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF UKIAH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM The City Council of the City of Ukiah does ordain as follows: Section 1. An amendment to the contract between the City Council of the City of Ukiah and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall become effective thirty (30) days after the date of its adoption, and prior to the expiration of ten (10) days from the passage thereof shall be published as required by law in the Ukiah Daily Journal, a newspaper of general circulation, published and circulated in the City of Ukiah and thenceforth and thereafter the same shall be in full force and effect. Introduced by title only on April 16, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Andersen, Baldwin, and Mayor Larson. None. Councilmembers Rodin and Smith. None. Adopted on May 7, 2003, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Attest: Eric Larson, Mayor Marie Ulvila, City Clerk CalPERS California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Ukiah The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 1, 1962, and witnessed June 4, 1962, and as amended effective January 1, 1973, January 2, 1983, June 30, 1992, May 7, 1999, November 8, 1999 and October 5, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 13 are hereby stricken from said contract as executed effective October 5, 2002, and hereby replaced by the following paragraphs numbered 1 through 14 inclusive: . All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members and age 50 for local safety members. , . o . o Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1962 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as- are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C, Employees other than local safety members (herein referred to as local miscellaneous members) In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of the amendment to contract shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reductiOn provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after the effective date of the amendment to contract shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified). . . . The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). Public Agency elected and' elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 20965 (Credit for Unused Sick Leave). Co Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. d. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 20042 (One-Year Final Compensation); Section 20965 (Credit for Unused Sick Leave); and Sections 21624,21626 and 21628 (Post Retirement Survivor Allowance). From and after January 2, 1983 the safety employees of Public Agency shall be assessed an additional 1% of their compensation for a total contribution rate of' 10% pursuant to Government Code Section 20516. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. g. Section 20503 (To Remove the Exclusion of Employees Who Are Paid On An Hourly, Per Diem, or Weekly Basis While Being Employed On A Temporary Emergency or Seasonal Basis), Prospectively from November 8, 1999). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. Removal of the exclusion of "Employees Who Are Paid On An Hourly, Per Diem, or Weekly Basis While Being Employed On a Temporary, Emergency or Season Basis", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership. 10. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 2, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 11. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 12. Public Agency shall also contribute to said Retirement System as follows: ao Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b, Contributions required-per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. C, A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. do A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 13. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 14. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF UKIAH BY BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM PRESIDING OFFICER Witness Date Attest: Clerk AMENDMENT ER# 0485 PERS-CON-702A (Rev. 8\02) ITEM NO. DATE: May 7, 2003 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF LEASE RENEWAL WITH CALSTAR FOR A PORTION OF THE UKIAH REGIONAL AIRPORT PROPERTY In 1998 the City Council approved a ground lease with CALSTAR, a nonprofit shock/trauma air rescue service, to occupy a portion of the Ukiah Regional Airport. The original lease term was for ground only and for five years in the amount of $350 per month with an annual escalator clause of 2% or the Consumers Price Index. CALSTAR installed its own office space and utility hookups, and is responsible for maintenance of its own facilities. That lease expired on May 1, 2003 and CALSTAR has indicated a desire to renew the lease. Should Council approve, the new lease will commence at $394 per month, effective May1 and all other terms and conditions remain the same. The proposed lease is provided as Attachment #1. CALSTAR performs an essential emergency medical service to the Ukiah area and has been an excellent tenant at the airport. Staff believes the proposed lease renewal is beneficial to the health and welfare of the community and is recommending approval of the lease renewal with CALSTAR for an additional five years, commencing May 1,2003 and ending April 30, 2008. RECOMMENDED ACTION: Approve lease renewal with CALSTAR shock/trauma rescue service for a portion of the Ukiah Regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine proposed lease requires revision and approve as revised. 2. Determine approval of lease renewal is inappropriate, do not move to approve, and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. Yes CALSTAR Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Don Bua, Airport Manager Proposed lease APPROVED: L.~/~"'"~~ M~nager Candace Horsley, City LD/ZlP2 CALSTAR03.Asr LEASE AGREEMENT This Lease, made this 1 st day of May, 2003, by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and Calstar Shock Trauma Air Rescue Service, a non-profit corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code { {37380 and 37395 and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed, Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Ukiah Regional Airport", more specifically described on the attached "Exhibit A" or together with a right of access thereto. 2. TERM. The term of this Lease is for a period of five (5) years commencing on the date set forth above. 3. RENT As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of $394 per month for the first year. Each year thereafter shall be increased by 2% or the Consumer Price Index, whichever is greater rounded up to the nearest dollar. Rent shall be considered -1- delinquent if not paid by the tenth day of each month. Rent that has become delinquent shall be subject to a late fee of $25. 3.1. Lessee specifically represents that the purpose of this lease is to construct, operate, and maintain a shock/trauma air rescue service for the Ukiah area. 3.2. Lessee further represents that any profits earned from the use of the leased premises will be used in the manner required by California laws governing non-profit corporations, and specifically the provisions of Corporations Code Section 51401 e, or any successor provision that requires Lessee to use any profit it earns from business activity for its non-profit public purpose as set forth in its Articles of Incorporation and By-Laws. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all temporary improvements which are necessary for the operation of Lessee's air rescue service. 4.1. Lessee shall use the leased premises exclusively as general office and housing for staff support services. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property and structures shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shall prepare plans and specifications for said improvements and obtain approval prior to work on the leased premises. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order, and to bear the full cost for maintenance of all improvements. 4.4. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. -2- 4.5. Lessee is responsible for the relocation, alteration, removal, construction, reconstruction of any municipal or private facilities, structures or utilities existing on leased premises which are presently in use or abandoned. 4.6. Lessee shall not use or permit the leased premises to be used except in full compliance with all rules, regulations, laws or ordinances of the City of Ukiah, Ukiah Regional Airport, and the State of California. 4.7. Lessee shall not maintain any nuisance on the leased premises or engage in any activity that unreasonably interferes with the use of the Ukiah Regional Airport by Lessor and the general public. 4.8. Lessee shall be responsible for landscaping and landscape maintenance of the surrounding area of the leased premises. 4.9. Lessee shall, at its sole expense, be responsible for payment of all utilities and any possessory interest tax which is a result of Lessee's use of said property. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest therein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1. Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnify and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, -3- including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at Lessee's sole expense to comply with the requirements of Exhibit B, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3. Notwithstanding the provisions of Exhibit B requiting Lessee to procure workmen's compensation insurance, Lessee need not procure such insurance provided all of the fol- lowing conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee; and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. Lessee shall immediately notify Lessor if it fails to meet all of the conditions of this paragraph 6.3 and shall immediately thereafter comply with the workmen's compensation provisions of Exhibit B. 7. TERMINATION. 7.1. Lessor can cancel this Lease immediately for any breach of this lease by Lessee without any prior notice to Lessee. 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shall recover its attorney's fees and costs resulting from such action. -4- 9. TIME OF ESSENCE. Time is of the essence of this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE: TO CITY: Calstar Shock/Trauma City Manager Air Rescue Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 2. RECORDING AND BINDING EFFECT This Lease may be recorded and shall be binding upon and inure to the benefit of any successor to or purchaser of either party's interest. 13. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by -5- the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered on the date first written above. ATTEST: Marie Ulvilla, City Clerk CITY OF UKIAH By: CALSTAR By: ld/Zipagreements calstar.agr -6- AGENDA SUMMARY REPORT ITEM NO. 6g DATE' May 7, 2003 SUBJECT: AWARD OF BID FOR A ROLLING STORAGE SYSTEM FOR THE POLICE EVIDENCE FACILITY TO SYSTEM CONCEPTS IN THE AMOUNT OF $42,737 At the October 16th, 2002 City Council meeting, the Police Department presented a spending plan for the State of California Supplemental Law Enforcement Service Fund Grant. This plan included funding for processing and storage facilities in the new Police Evidence areas. As part of this move into the new facility, the Police Department produced a Request for Proposals (RFP) to vendors for a Rolling Storage Filing System for the storage of Police Evidence. As part of the bid process, each potential vendor was required to participate in an on-site visit of the new evidence facility and provide a solution to our evidence storage needs. Six vendors returned proposals to the City of Ukiah, varying in price from $32,048 to $46,669. These six proposals varied in quality of materials used for construction of the storage units and overall storage capacity and dimensions of the units. To evaluate the proposals submitted in response to the RFP, an evaluation committee was formed, and each system was evaluated using the evaluation criteria provided in the original request for proposals: "1. It is the intent of the City to acquire the best possible system available within its budgetary means. Thus, while preference will be given to the lowest compliant bidder, the City reserves the right to select the bidder of its choice, based upon bidder qualifications, system suitability and quality, system price, system installation, payment terms and warranties provided. Bidders will be evaluated on the suitability of their systems with respect to the following factors: 1 ) Does the system meet all the functional needs of the City? 2) Does the system meet the requirements of durability and high quality for 24hr use? 3) What is the bidders experience in building and maintaining a system of these specifications, and their response time to system problems and failures." (Continued on page 2) RECOMMENDED ACTION' Award the bid for rolling storage units for the Police evidence facility from System Concepts in the amount of $42,737. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternate direction. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey- Police Captain Coordinated with: Candace Horsley, City Manager, John Williams, Police Chief and Gordon Elton, Finance Director Attachments: 1. Bid Sheet APPROVED: Candace Horsley, City~vlanager AWARD OF BID FOR A ROLLING STORAGE SYSTEM FOR THE POLICE EVIDENCE FACILITY TO SYSTEM CONCEPTS IN THE AMOUNT OF $42,737 Page 2 May 7, 2003 Of the six vendors, System Concepts was the only vendor to propose rolling storage units that completely meet the specifications needed for our storage needs. The System Concepts design allowed for 32" wide shelving units, while each other vendor specified 30" shelving units. This design of 32" units allows for the rolling storage units to be fully closed and not crush or destroy any evidence. The other units specify using modified bumpers to accommodate our storage needs, and allow evidence boxes to overhang on the shelving units. This situation would create the potential that critical evidence could be crushed or broken while in our care. In addition to the increased width of the storage units, the System Concepts proposal uses a heavier 12-gauge steel and closed upright design which makes the units stronger and stiffer allowing for increased durability, and more likely to protect evidence in the event of an earthquake. The other vendors proposed using a lighter 18-gauge steel, 4 post open design, better suited for paper management systems than heavy evidence storage systems. It is anticipated that each of the rolling storage units placed inside the evidence facility could hold as much as 18,000 lbs per unit, and the additional strength and quality of construction will be a factor in the long term use of the units. Each of the systems offers a 5-year warranty on their rolling carriage systems, and extended warranties on the track portions of their respective systems. Although a 5-year warranty is an industry standard, the units purchased are expected to have an extended 20+ year service life. The evaluation committee additionally checked various references provided in the proposals to determine satisfaction with existing installed units in other evidence facilities within our area. The committee found that each of the higher quality systems were installed in evidence facilities within our area, and that each contact stressed the importance of structural quality and strength. Weight was stressed as the biggest overall problem in each of the existing evidence facilities using a rolling storage system. Based upon the additional shelving width, and increased strength and construction design of the System Concepts proposal, the evaluation committee determined that this solution provided the best overall product for the 20+ year life span of the rolling storage system. Funding for this purchase will come from the Supplemental Law Enforcement Service Fund Grant, account 205.2001.800.000. Staff recommends awarding the bid for a rolling storage system in the Police evidence facility to System Concepts in the amount of $42,737.00. CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Mobile Shelving System SPECIFICATION NO. DATE: April 23, 2003 ' ' TIME: 2:00 p.m. COMPANY AMOUNT .._____ · 1 1 4, · · · CROWN INDUSTRIAL SUPPLY 213 MICHEELE COURT SO. SAN FRANCISCO, CA 94080 SYSTEM CONCEPTSIN INC. 510 MYRTLE AVE., SUITE 209 SO. SAN FRANCISCO, CA 94080 ADVENT OFFICE FURNITURE 1849 PINER ROAD SANTA ROSA, CA 95403-1971 MTM BUSINESS SYSTEMS 1622 EDINGERAVE., SUITE F TUSTIN, CA 92780-6520 CALIFORNIA BUSINESS SYSTEMS 130 PRODUCE AVENUE, SUITE B SO. SAN FRANCISCO, CA 94080-6514 TAB SALES OF CA 830 BURLWAY ROAD BURLINGAME, CA 94010 INTERIORS INCORPORATED 1325 N. DUTTON AVE. SANTA ROSA, CA 95401 NO BID Marie Ulvila, City Clerk Bids:Mobile shelving system AGENDA SUMMARY Sa ITEM NO. DATE: May 7, 2003 REPORT SUBJECT: APPROVAL OF APPLICATION TO DEMOLISH A STRUCTURE OVER FIFTY YEARS OLD LOCATED AT 292 EAST GOBBI STREET, UKIAH SUMMARY: The owner of the property located at 292 East Gobbi Street has applied for a Demolition Permit to demolish the structure on the site. Demolition of the structure is desired as the first step in redeveloping the site with medium to high density residential apartments. The structure is a warehouse that is over 50 years old, and therefore, according to the Ukiah Municipal Code (UMC), the City Council must conduct a public hearing to review and consider the historical and architectural significance of the structure. On February 27, 2003, the City Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden (attached), and found that the criteria in UMC Section 3016(E) (attached) applied, and therefore deemed the structure historically significant. (continued on page 2) RECOMMENDATION: 1) Conduct a public hearing; 2) adopt the Mitigated Negative Declaration; and 3) approve the Demolition Permit based on the finding that as mitigated, the structure does not have historical or architectural significance. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the Mitigated Negative Declaration, do not approve the Demolition Permit, and provide direction to Staff. Citizen Advised: The project was publicly noticed according to the requirements of the Ukiah Municipal Code Requested by: Dan Thomas, Property Owner Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: , 2. 3. 4. 5. 6. Demolition Permit Application Location Map Historical Profile (Pruden) Demolition Permit Review Committee Minutes, Dated February 27, 2003 UMC Section 3016(E) Mitigated Negative Declaration APPROVE~ '~~~,~ Candace Horsley, City ager UMC Section 3016 (E) Criteria 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or The Demolition Permit Review Committee found the warehouse structure to be the last packing shed-cannery building in the City limits, and therefore it is the last surviving building of its kind 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or The Committee found that the building exemplifies an important part of the community's agricultural and economic history. 3. Is strongly identified with persons or events significant in local, State, or national history. The Committee found that the structure is associated with a number of significant pioneer families. Rather than recommend denial of the Demolition Permit, the Committee worked with the property owner to identify reasonable and feasible mitigation measures to off-set the impact of demolishing the historically significant structure. These measures include the following: 1. The future development of the property shall reflect design components and/or flavor of the original building. , A storyboard documenting the history of the building shall be located in front of a future building on the site. Original buildings materials from the structure shall be used for the storyboard. Accordingly, Staff prepared a Mitigated Negative Declaration for the project to comply with the requirements of the California Environmental Quality Act (CEQA), and is recommending that the City Council adopt the environmental document and approve the Demolition Permit. RECOMMENDATION: 1) Conduct a public hearing; 2) adopt the Mitigated Negative; and 3) approve the Demolition Permit 8 I ~.~ ' ' I ~. .., ~o ~ '-- U C:: 0 ~ ' ~ ~o -:-§ o u ' ' ' ¢ ~ ~ 'E§ I-- :z u . ,,, ,,.' ~ , , , ,', o -- '- ~ --, z - "' 15 u :~ ~ , , , o ,,,= ,,, -. ...,"' ~ ~ = , , , ,..., ._ ~.o ,.', ,,- m ,- ,,, ,, ,~ , , , zO2<_,~ ~ ,- E 0 ,,, u ~ Z 0 < -~ ~ -~ -~ -~ -~ ~ o I.I- {m~ ~) 0 0 0 0 0 0 0 >- o ~ · >.~0 ~'- · - .£ C::) ~ ~ ~ '~'- -- i i~o-~ °°:~ ~ o ~ ; <,.,oZ,, :C,~go .T,< z ~ 0 ,.... ~ _ 0 > :'< _~Z ~'~ Z [z~'z<z< u <~u., UJ J r :,._ · - <o ~0 0 zu z<ooz~ C o ',~< <.,, ~ o~.~ - u ,~ -'" ~: ~o -o .... =~.z ~5~o z 0 ~<z .~oz ~ .~ -= i ..... ...... ~0UN;i"Y 'tF MENDt~'IN0 ...... AIR QUALITY MANAGEMENT DISTRICT 306 E. GOBBI ST. UKIAH, CA 95482 DEMOLITION/ASBESTOS RELEASE FORM FORM ADRN-2791 TO: MENDOCINO COUNTY PLANNING AND BUILDING SERVICES APPLICANT: SITE ADDRESS: SINGLE FAMILY DWELLING OTHER Check One: Applicant has submitted asbestos notification pursuant to part 61 of Title 40 of tile Code of Federal Regulations. Applicant declares that notification is not applicable to this demolition project. Applicant has met notification requirements of thc Distric.t Y~~" No Remarks: Signature of Authorized Air Quality Representative C. D. WOLBACH Ph.D. Air Pollution Control Officer DONNA ROBERTS NASH Office Manager COUNTY OF MENDOCINO AIR QUALITY MANAGEMENT DISTRICT UKIAH, CALIFORNIA 95482 306 East Gobbi Street Ukiah, California (707) 4634354 Fax: (707) 463-5707 mcaqmd(~co.mendocino.¢a.us PLANNING AND BUILDING ASBESTOS - DEMOLITION/RENOVATION NOTIFICATION AND RELEASE FORM ADRN 2791 Applicant: ~ ~ ~-~ Description of demolition o.r renovation project Single Family Dwelling Other (District Use) Check One: Applicant Has Submitted Asbestos Notification Pursuant to Part 61 of Title 40 of the Code of Federal Regulations. Applicant declares that Asbestos Notification is not applicable to this - demolition/renovation project. Sienature of Applicant: The Applicant has met the notification requirements of the Mendocino County Air Quality Management District. YES NO Remarks: Signature of Authorized Air Quality Representative Date A^FormsAlpha~a~DRN_2791 .. /-3 DEMOLITION PERMIT APPLICATION SURVEY (FOR STRUCTURES OVER 50 YEARS OLD) CITY OF UKIAH CODE SECTION 3016 Property Owner: Applicant: Property Address: '%~"L Zoning: ~ ~ Age of structure: ~'-~:',-~s~ ¢.,~¢~'~-Assessor's ParcelNo.: ~¢_.'z. --- %\\ General~Plan Designation: How was age determined? ~-~'~r-¢-- ~. ,_.,-~ Is property located in the City of Ukiah Architectural and Historical Resources Inventory? _ ...~? If yes, 1) Is it one of the 200 individually analyzed properties? ,~ 2) Is it included in a potential Historic District? ,,'VD Which one? 3) Is it one of the properties not considered worthy of specific analysis? Describe structure's current condition: ~ k__ \~) .5 V--:,,. ~ ~.. -~ Describe purpose of demolition: Describe all salvageable archaic materials and any salvage plans; Can the structure be moved? b--t.~-,% Are there plans to move the structure? t---k. O_, Describe any moving plans (location, timing, etc.): ' General comments regarding historic, architectural, or cultural significance of building/property: Describe any unique features of building or property: Recommendation for City Council action: ' Describe the Demolition Permit Review Committee's actions on the application (page 2). " '' :-:-';-P-"~-- ....................... ~ ....... ~/'-I ................................ ........................... :_,:.$.:_'_. ........ ~-~. - ........... . ........ ~ ................................ .......... ~'~ .......... ~-*0 .......................... I .............................. '. ; :':'.'_:.::;:.S:::~:::;_TSC:X ?-C.':'. 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', ; i ; . - ; / ' ;~ ~ . . ~. _ · . . . . - . ~ · ............... .~ ~: .... . ............. ~- ~ .~: ...................... . _ . .~ ~'~. ~ · , . ._, -. ...... ._-_._ . . ~_~,_~._~-__ _. .... ._. [ - _._. ....... 7;_~_:,,:[~;-~ ................ . .............. .. ....... ; . ~~ . . ...... '.i~; i! . ............. ...... · · : -_.~ - ~__ ~~ ........................... .... . ...... ~:-, --.--; ...... ' ....... .__ :. : -_._ · ,:. ..... ......... , · ' , ~_i_~_~_..;__:__.L ............... :-'-.__~_~:_.~; ..... '._-_' ......................... . ..... ~_~~_~ ................. ...................... ...... . ..__. .................. / THOMAS DEMOLITION PERMIT 292 East Gobbi Street M'E.M.O.R.A-N.D.U.M DATE: February 3, 2003 TO: Charley Stump, Director of Planning FROM: Judy Pruden, Chairman Demolition Permit Review Committee RE: 292 EAST GOBBI STREET- APPLICATION FOR DEMOLITION After the arrival of the railroad in 1889, our community experienced an economic boom. Numerous homes, retail commercial buildings, and industrial structures were built. The City limits were expanded to "one square mile" in 1892; (approximately) by Gibson and Evans Streets to the north, Gobbi Street to the south, Orchard Avenue to the east. The western boundary was the western foothills. The railroad areas, in particular by the crossings at Gobbi, Perkins, Clara, and Brush Streets, became heavily developed with industrial development such as warehousing, lumber (planing) mills, bottling plants, and agriculture processing plants. The later were drying sheds, canning plants, packing sheds, and wineries. Most structures had spur tracks, which allowed direct loading from the plant to railroad cars. Our valley produces high quality agricultural products. The railroad connected Ukiah to the national market, and county agriculture production was expanded to meet the market demands. It was these demands that a large group of farmers came together to form an association. By 1908 the Ukiah Cannery Company was organized, articles of incorporation were filed, and $4,000.00 worth of stock was sold. The cannery building located at 2~East Gobbi was built in 1908, and by 1909 was canning 200 tons of tomatoes and processing 53,000 pounds of Bartlett pears. By 1922 the cannery was canning 40,000 cases annually. Green beans became a hallmark crop and several hundred acres were planted between Coyote Valley and Upper Lake. These premiere beans (see attachments) were nationally famous. The cannery became known as the "green bean factory", and there are numerous references in local histories of women working at the cannery. The Cunningham family arrived in the Ukiah area in 1871 and began farming..1.C. Johnson arrived in the 1890's and married Catherine Cunningham, one of the Cunningham daughters. Mr. Johnson also became involved in the farming business, which continues to this day. Alex R. Thomas arrived in Ukiah in 1913 and married Agnes Cunningham and became involved in a farming partnership with his brother-in- law, Louis Cunningham. They incorporated as Cunningham and Thomas Company in 1932. Frank and Louis Cunningham and .].C. Johnson were the original organizers of the Ukiah Cunningham Company, with .].C. Johnson also serving as the manager. After the death of Alex R. Thomas in :~946, his son Alex R. Thomas Jr., reorganized the company calling it the Alex R. Thomas Company in memory of his father. The company today is called Alex R. Thomas and Son, with four generations of Thomas' working in the family business. The cannery/packing shed on East Gobbi Street has gone through numerous remodeling and agricultural uses. A few years ago the Thomas' consolidated their agricultural operations to their main facility on Taylor Drive and the old cannery, which had been used for equipment storage for the last 30 years, was emptied out. This building and its businesses from 1908 to 1960's have historical significance for the City of Ukiah. ]:t is not only an important component of the agricultural history of our community; it is the last vestige in the City of its kind. The architectural style is currently a "practical warehouse." Numerous additionS since 1922 have expanded in all directions hiding the original core of the building. The second story loft, which is the highest part of the building, shows some architectural style of the original building with wood siding and multi-paneled wood windows. Cannery buildings, including Monterey's Cannery Row, were never designed to be architectural showpieces. They were designed for functionality, practicality, and cost saving. However, the resurgence of the industrial style in designing new projects is the most popular to either readapt old industrial buildings or add compatible new projects. 242 East Gobbi has in its original core building significant components for what it is, an industrial building. The later additions do not. ]:t is clearly recognizable as an agricultural-use building in our community. The building is well maintained and secured, and does not appear to be a health or safety threat. ]:t has significant historical importance to the City by association to pioneer families. ]:t exemplifies an important part of this community's agricultural and economic history. is also the last packing shed-cannery in Ukiah. :1 .o SUGGESTED SOLUTIONS OR HITIGA TIONS · The complex has been well maintained - continue as storage or warehouse. · Retrofitted for industrial manufacturing or assembly. · Restore to original style and become agricultural museum. · :If structure was demolished, require replacement structures to be designed to reflex the exterior cannery look. · Require story board for public reading telling the agriculture history of site and history. CITY OF UKIAH DEMOLITION PERMIT REVIEW COMMITTEE MEETING FEBRUARY 27, 2003 MINUTES MEMBERS PRESENT William French, Public Member Charley Stump, Director of Planning Brian Keefer, Associate Planner Tim Ericksen, Civil Engineer .ludy Pruden, Chairman MEMBERS ABSENT None. OTHERS PRESENT Dan Thomas STAFF PRESENT Kathy Kinch, Recording Secretary The regular meeting of the City of Ukiah Demolition Permit Review Committee was called to order by Chairman Pruden at 2:00 p.m. in Conference Room 3, 300 Seminary Avenue, Ukiah, California. Roll was taken with the results listed above. APPROVAL OF MZNUTES- N/A APPEAL PROCESS Chairman Pruden read the appeal process. DEMOLZTZON PERMI'r REVZEW AND RECOMMENDATZONg A. 292 East Gobbi Street (Assessor Parcel Number 002-311-10) Dan Thoma;. Chairman Pruden gave a brief overview of the Demolition Committee Review process. She stated there are three criteria in reviewing proposed demolition permits and formulating recommendations to the City Council. The evaluation indicates the property meets all three criteria: the last packing/canning shed within City limits; significant family and agriculture history; and exemplifies or reflects special elements of the City's cultural, social economic, political, aesthetics and architectural history of our valley. Dan Thomas, applicant/owner, stated the property has been for sale for approximately two-years. HOwever, there have been no interested parties. The original shed, constructed of galvanized metal, is the office located to the south. The additions were added north of the original building. The canning operations closed in 1962/1963. Chairman Pruden stated canning/packing sheds were not designed to be architectural showpieces. The building has been well maintained and is safe. She presented suggestions on mitigations such as continue as storage or warehouse; retrofit for industrial manufacturing or assembly; or restore to DEMOL'I-[ON PERMiT REV]:EW Page I of 3 FEBRUARY 27, 2003 original style and become an agricultural museum. She expressed if the structure is demolished, it will be required that the new structure reflect the design of the cannery, and a storyboard be located on the front of the building telling the agriculture history of site and building. t4ember Keefer stated there are residents located to the west, and the adjacent property is zoned R-3 (High Density Residential). I~lember French suggested converting the original warehouse into housing or lofts. He indicated there are individuals who are interested in living in a historical building. Chairman Pruden stated the property is zoned commercial. To convert the building into housing may require a zone change and use permit. I~lr. Thomas stated it is the intent of the Thomas Family to develop the property. There has been discussion of building Iow-income housing or mini-storage units. The major problem with building Iow-income housing is the significant drainage problem. Rau and Associates have provided engineering documentation, however the drainage still remains a problem. He expressed if the drainage problem can be resolved he would prefer to build Iow-income housing. Chairman Pruden advised that the City of Carpenturia renovated the green lima bean factory into offices. The original writing on the exterior of the building was reproduced in black and a historical storyboard was placed in front. Dan Thomas stated in 1990 a wholesale pesticide distributorship occupied the cannery. The building has been vacant and used for storage for the last 10 years. t4ember French asked what is the possibility of relocating the original building. Dan Thomas stated the family has considered demolishing the entire building and salvaging the materials. He spoke with the Ukiah Fire Department to see if there is an interest for fire training purposes. A lengthy discussion followed regarding how new structures could reflect the design of the cannery; materials from the building could be used to construct a historical storyboard or monument; and photographs could be taken of the original building. ON A MOT/ON by Member Stump, seconded by Member French, it was carried by an all AYE voice vote of the members present, that the Demolition Review Committee finds in reviewing the proposed demolition permit the property meets the following criteria: the historical significance of the building; the last packing/canning shed within City limits; significant family and agriculture history; and exemplifies or reflects special elements of the City's cultural, social economic, political, aesthetics and architectural history of our valley. However, the Committee recommends to the City Council approval of the Demolition Permit with the following mitigations. It is required that future development of the property reflect design components and/or flavor of the original building and a storyboard documenting the history of the building be located on the front of the new structure. The property owner is to salvage all material to be used in the storyboard documenting the history of the site. Staff is directed to prepare the appropriate CEQA documents to reflect this determination. DENOLT~ON PERMIT REVIEW Page 2 of 3 FEBRUARY 27, 2003 Member Stump advised he would prepare an Initial Environmental Study identifying the impacts; list the mitigations agreed upon, and forward to the City Council. He suggested photographing the exterior and interior of the original building. MI'SCELLANEOUS ZTEMR N/A AD.1OURNMENT There being no further business, the meeting adjourned at 3:00 a.m. Chairman .ludy Pruden Kathy Kinch, Recording Secretary 1:MINUTES/DEMOLITION A022703 DEMOLT[ON PERMIT REVIEW Page 3 of 3 FEBRUARY 27, 2003 UMC SECTION 3016 Eo In reviewing proposed demolition permits, and formulating recommendations to the City Council, the Demolition Permit Review Committee shall consider any information provided during the meeting, and shall use the follo~ving criteria. The structure: 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. Is strongly identified with persons or events significant in local, State, or national history. City of Ukiah MITIGATED NEGATIVE DECLARATION DATE: APPLICANTS: PROJECT NO.: LOCATION: March 31,2002 Dan Thomas Demolition Permit 292 East Gobbi Street, Ukiah, CA Parcel Number 002-311-10 PROJECT DESCRIPTION: The applicants are proposing to demolish a wood-framed warehouse structure that was originally built in 1908. The structure has been modified and added onto over the years, but the core structure is nearly 100-years old. The building was originally used as a cannery and packaging plant for vegetables and fruit. In recent years it has been used for storage. ENVIRONMENTAL SETTING: The project site is located in the densely urban environment along east Gobbi Street. Research and field investigations reveal no known or suspected sensitive environmental habitats on or in close proximity to the project site. ENVIRONMENTAL ANALYSIS: City Staff conducted an analysis of whether or not the proposed building demolition would have a significant adverse impact on the environment and concluded that the only potential impact was to historic/cultural resources. Feasible and reasonable mitigation measures were developed and agreed to by the applicant. FINDINGS SUPPORTING A MITIGATED NEGATIVE DECLARATION' 1. Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated does not have the potential to degrade the quality of the local or regional environment; Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated will not result in short-term impacts that will create a disadvantage to long-term environmental goals; Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated will not result in impacts that are individually limited, but cumulatively considerable; and Based upon the analysis, findings and conclusions contained in the Initial Study, the project, as mitigated will not result in environmental impacts that will cause substantial adverse effects on human beings, either directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project, as mitigated will not have a significant effect on the environment, and further, that this Mitigated Negative Declaration constitutes compliance with the requirements for environmental review and analysis re/q)pired by the California Environmental Quality Act. // This d~r~may/be review,e,d at~ity o Avepde, U~, C,e~1f~_~i~ f?kiah Planning Department, Ukiah Civic Center, 300 Seminary ///~/'/'~~~ //~ ._ M arch 31,2003 ~~,~~la~g Bi~/'//'/n r~ct( vi ton me ntalC oordin ator Date INITIAL STUDY OF POTENTIAL ENVIRONMENTAL IMPACTS CITY OF UKIAH I. BACKGROUND INFORMATION 1. Name of Project: Thomas Demolition Permit - 292 East Gobbi Street 2. Name of Project Proponent: Dan Thomas 3. Address of Project Proponent: P.O. Box 128, Ukiah, CA . . Project Location: 292 East Gobbi Street, Ukiah, Mendocino County Assessors Parcel Number(s): 002-311-10 6. Date of Initial Study Preparation: March 3, 2003 7. Name of Lead Agency: City of Ukiah 8. Address and Phone Number of Lead Agency: 300 Seminary Avenue, Ukiah, CA 95482 / (707) 463-6200 9. Project Description: Demolition of a warehouse/cannery building originally constructed in 1908. 10. Plans, Exhibits, and other Submitted Application Materials: All submitted application materials are available for review at the City of Ukiah Planninq Department - 300 Seminary Ave., Ukiah. 11. Initial Study Prepared by: Ukiah Planninq Department Staff PROJECT DESCRIPTION The applicants are proposing to demolish a wood-framed warehouse structure that was originally built in 1908. The structure has been modified and added onto over the years, but the core structure is nearly 100-years old. The building was originally used as a cannery and packaging plant for vegetables and fruit. In recent years it has been used for storage. PURPOSE OF INITIAL STUDY The demolition of an old building is typically exempt from the requirements of the California Environmental Quality Act. However, the Ukiah Demolition Review Committee has found that the structure has architectural and historical significance, therefore Staff has prepared an Initial Study to determine if the proposed demolition would result in significant adverse impacts to historic resources. This Initial Study document constitutes a "preliminary analysis" that is intended to determine if a Negative Declaration or Environmental Impact Report must be prepared for the revised project to comply with the requirements of the California Environmental Quality Act. The Initial Study contains a detailed description of the project; a description of the environmental setting of the project site; a checklist of environmental topics; an evaluation of the potential environmental impacts; a discussion of ways to mitigate the significant impacts identified, if any; conclusions; and the resources used to prepare the Initial Study. The evaluation of potential environmental impacts is based on established significance criteria and by qualitative criteria established as part of accepted CEQA practice and legal judgements. The Initial Study specifically addresses the potential physical environmental impacts that may result from the proposed project. The document and its conclusions are considered public information and open for review and comment by interested agencies and the public at large. SUMMARY OF FINDINGS City Staff conducted an analysis of whether or not the proposed building demolition would have a significant adverse impact on the environment and concluded that the only potential impact was to historic resources. Feasible and reasonable mitigation measures were developed and agreed to by the applicant. Accordingly, it has been determined that the proposed project, as mitigated, will not violate any of the significance criteria, and therefore a Mitiqated Negative Declaration is appropriate for the project. ENVIRONMENTAL SETTING OF THE PROJECT SITE The project site is located in the densely urban environment along east Gobbi Street. Research and field investigations reveal no known or suspected sensitive environmental habitats on or in close proximity to the project site. THE DEMOLITION PERMIT APPLICATION MATERIALS ARE INCLUDED AS ATTACHMENTS TO THIS INITIAL STUDY DISCUSSION AND ANALYSISiOF POTENTIAL Thomas Demolition permit City Staff conducted an analysis of whether or not the proposed building demolition would have a significant adverse impact on the environment and concluded that the only potential impact was to historic resources. Feasible and reasonable mitigation measures were developed and agreed to by the applicant. ENVIRONMENTAL TOPICS CONSIDERED AND SUMMARY OF FINDINGS Staff considered whether or not the proposed demolition would have an adverse impact on traffic and circulation, animal and plant life, public services, geology and soils, air quality, hydrology, visual quality, noise, housing, schools, energy and land use. After evaluating the proposed project in relation to these topical issues, it was concluded that the project would not adversely impact them for the following reasons: 1. The project involves the demolition of a small warehouse structure on a site that is situated in a dense urban environment. 2. There are no sensitive animal or plant habitats on or in close proximity to the structure proposed for demolition. 3. The proposed demolition would occur in I or 2 days, and therefore would not create significant or long-term noise or traffic impacts. 4. The removal of the building would not involve grading or any earth moving operations, and therefore would not adversely impact hydrology, soils or geology. 5. The removal of the structure would open up a developed site, and therefore would not block or obstruct any views or scenic vistas. . The Mendocino County Air Quality Management District has reviewed the proposal and determined that the project would not have a significant adverse impact on local or regional air quality. 7. The proposal would not remove or add housing to the City, and therefore would not have an adverse impact on the local housing stock or on local schools. The only potentially significant adverse impact identified is on historic resources. A discussion of this potential impact is listed below. HISTORIC AND CULTURAL RESOURCES: A. Setting: The City of Ukiah is rich in historical resources, which include an eclectic assortment of historic homes and properties. Cultural resources are similarly abundant, and the City has provided for the preservation and enhancement of its cultural heritage. B. Significance Criteria: A significant impact to historic and cultural resources would occur if implementation of the project would: · Cause a substantial change in the significance of a historical or cultural resource; · Result in the removal or substantial exterior alteration of a building or structure or district that may be eligible for listing in the National Register or California Register; · Result in the removal or substantial exterior alteration of a building or structure so that it results in the loss of a designated county landmark in the City of Ukiah; · Result in the destruction of a unique paleontological resource, site or unique geological feature, or disturbs any human remains. C. Impacts: The Ukiah Municipal Code states that a permit to demolish a building over 50-years old that meets any of the following criteria shall not be immediately issued: 1. The building has a special or particular quality such as oldest, best example, largest, or last surviving of its kind; or 2. The building exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. The building is strongly identified with persons or events significant in local, State, or national history. The Demolition Permit Review Committee found that the building was the oldest and best example of an historic vegetable/fruit canning and packing building in the City of Ukiah. It also found that the building reflects special elements of the local cultural, social, and economic history of the City, and that it is associated with prominent local people from the past. Accordingly, the Committee concluded that the building has significant historic and architectural significance. The Committee met with the property owner to discuss its findings and possible mitigation measures. After a lengthy discussion, the property owner agreed to a number of mitigation measures to off-set potentially significant adverse impacts to local historic resources. D. Mitigation Measures 1. Future development of the site shall include exterior design themes taken from the historic cannery warehouse structure. 2. Future development of the site shall include a public accessible "story-board' with photographs and text describing the historic building and its history. E. Impact Significance After Mitiqation Based upon the comprehensive nature of the recommended mitigation measures, staff is able to conclude that the project, as mitigated, will not cause significant impacts to historic or cultural resources. MANDATORY FINDINGS OF SIGNIFICANCE A. Potential to degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES x NO B. Short-term: Does the project have the potential to achieve short term, to the disadvantage of long term, environmental goals? (A short-term impact on the environment is one, which occurs, in a relatively brief, but definitive, period of time; long-term impacts will endure into the future). YES x NO C. Cumulative: Does the project have impacts that are individually limited, but cumulatively considerable? (A project may have impacts on two or more separate resources where the impact on each resource is relatively small, but where the effect on the total of those impacts on the environment is significant.) YES x NO D. Substantial Adverse: Does the project have environmental effect that will cause substantial adverse effects on human beings, either directly or indirectly? YES x NO DETERMINATION' On the basis of this Initial Study: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant adverse impact on the environment, there will not be a significant effect in this case because the mitigation measures described within the Initial Study will be incorporated into the design of the project or required by the City of Ukiah. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant adverse impact on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Planning Director/Environmental Coordinator Title Charles Stump Print Name March 31, 2003 Date RESOURCES USED TO PREPARE THIS INITIAL STUDY , , City of Ukiah General Plan, 1995 City of Ukiah Architectural and Historical Resources Inventory Report, 1984-1985 Historical Research Memorandum - 292 East Gobbi Street, Prepared by Judy Pruden, February 3, 2003 Minutes from the Demolition Permit Review Committee Meetings, February 4, 2003 and February 27, 2003 MITIGATION MONITORING MATRIX Thomas Demolition Permit 292 East Gobbi Street, Ukiah AB 3180 requires all public agencies to adopt a monitoring and reporting program whenever they adopt an EIR or "Mitigated Negative Declaration." The Mitigation Monitoring and Reporting Program for this Mitigated Negative Declaration requires the applicants to complete a number of Mitigation measures. The responsibility to ensure implementation of Mitigation Measures is with both the applicants and Planning Department Staff. Monitoring will be performed by Staff during the redevelopment of the site. 1. Future development of the site shall include exterior design themes taken from the historic cannery warehouse structure. RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR Plans submitted Discretionary Applicants for discretionary review and review of future building Permits structure(s) shall for future include required development design themes. 2. Future development of the site shall include a public accessible "story-board' with photographs and text describing the historic building and its history. RESPONSIBLE PROPOSED IMPLEMENTATION DATE INITIALS PROGRESS PARTY IMPLEMENTATION PHASE COMPLETED OF NOTES METHOD MONITOR Plans submitted Prior to final Applicants for discretionary inspection of review of future future structure(s) structure(s) shall include required Story board. N. ~.?.R.R. OlOO pIo¢¢ Q 1~4. M'E.M.O-R.A.N.D.U.M DATE: February 3, 2003 TO: Charley Stump, Director of Planning FROM: Judy Pruden, Chairman Demolition Permit Review Committee RE: 292 EAST GOBBI STREET- APPLICATION FOR DEMOLITION After the arrival of the railroad in 1889, our community experienced an economic boom. Numerous homes, retail commercial buildings, and industrial structures were built. The City limits were expanded to "one square mile" in 1892; (approximately) by Gibson and Evans Streets to the north, Gobbi Street to the south, Orchard Avenue to the east. The western boundary was the western foothills. The railroad areas, in particular by the crossings at Gobbi, Perkins, Clara, and Brush Streets, became heavily developed with industrial development such as warehousing, lumber (planing) mills, bottling plants, and agriculture processing plants. The later were drying sheds, canning plants, packing sheds, and wineries. Most structures had spur tracks, which allowed direct loading from the plant to railroad cars. Our valley produces high quality agricultural products. The railroad connected Ukiah to the national market, and county agriculture production was expanded to meet the market demands. ]:t was these demands that a large group of farmers came together to form an association. By :~908 the Ukiah Cannery Company was organized, articles of incorporation were filed, and $4,000.00 worth of stock was sold. The cannery building located at 2~East Gobbi was built in 1908, and by 1909 was canning 200 tons of tomatoes and processing 53,000 pounds of Bartlett pears. By 1922 the cannery was canning 40,000 cases annually. Green beans became a hallmark crop and several hundred acres were planted between Coyote Valley and Upper Lake. These premiere beans (see attachments) were nationally famous. The cannery became known as the "green bean factory", and there are numerous references in local histories of women working at the cannery. The Cunningham family arrived in the Ukiah area in 1871 and began farming. J.C. Johnson arrived in the 1890's and married Catherine Cunningham, one of the Cunningham daughters. Mr. Johnson also became involved in the farming business, which continues to this day. Alex R. Thomas arrived in Ukiah in 1913 and married Agnes Cunningham and became involved in a farming partnership with his brother-in- law, Louis Cunningham. They incorporated as Cunningham and Thomas Company in 1932. Frank and Louis Cunningham and J.C. Johnson were the original organizers of the Ukiah Cunningham Company, with J.C. Johnson also serving as the manager. After the death of Alex R. Thomas in 1946, his son Alex R. Thomas .lr., reorganized the company calling it the Alex R. Thomas Company in memory of his father. The company today is called Alex R. Thomas and Son, with four generations of Thomas' working in the family business. The cannery/packing shed on East Gobbi Street has gone through numerous remodeling and agricultural uses. A few years ago the Thomas' consolidated their agricultural operations to their main facility on Taylor Drive and the old cannery, which had been used for equipment storage for the last 30 years, was emptied out. This building and its businesses from 1908 to 1960's have historical significance for the City of Ukiah. it is not only an important component of the agricultural history of our community; it is the last vestige in the City of its kind. The architectural style is currently a "practical warehouse." Numerous additionS since 1922 have expanded in all directions hiding the original core of the building. The second story loft, which is the highest part of the building, shows some architectural style of the original building with wood siding and multi-paneled wood windows. Cannery buildings, including Monterey's Cannery Row, were never designed to be architectural showpieces. They were designed for functionality, practicality, and cost saving. However, the resurgence of the industrial style in designing new projects is the most popular to either readapt old industrial buildings or add compatible new projects. 242 East Gobbi has in its original core building significant components for what it is, an industrial building. The later additions do not. It is clearly recognizable as an agricultural-use building in our community. The building is well maintained and secured, and does not appear to be a health or safety threat. It has significant historical importance to the City by association to pioneer families. exemplifies an important part of this community's agricultural and economic history. is also the last packing shed-cannery in Ukiah. '.. II · :?il o. Item No. 8b Date: May 7, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION REVISING RESIDENTIAL ELECTRICAL RATE FOR PHOTOVOLTAIC UNIT INTERCONNECTION, ESTABLISHING NEW ELECTRICAL RATES FOR SMALL COMMERCIAL, LARGE COMMERCIAL, INDUSTRIAL AND INTERRUPTIBLE PHOTOVOLTAIC UNIT INTERCONNECTION AND AUTHORIZING THE CITY MANAGER TO EXECUTE INTERCONNECTION AGREEMENTS FOR ALL CUSTOMERS REQUESTING PHOTOVOLTAIC INTERCONNECTION WITH THE CITY OF UKIAH'S ELECTRICAL SYSTEM Section 2827 of the California Public Utilities Code (California PUC) has been modified and requires that electric utilities offer net energy metering to residential and small commercial customers who install and operate solar electric generating facilities of less the 1 Megawatt or 1,000 Kilowatts. Previously, the California PUC stated that the cap for residential and small commercial photovoltaic systems was 10 Kilowatts. The proposed modification to the City of Ukiah's rate schedule DM-P for residential photovoltaic interconnection reflects this change. In addition, a limit on the rebate each residential customer can receive for installation of a photovoltaic system is proposed. (Continued on Page 2) RECOMMENDED ACTION: Adopt Resolution modifying Electric Rate D-PM for residential photovoltaic interconnection with the City of Ukiah electrical system and establishing Electric Rate Schedules SC-P for small commercial photovoltaic customers, C-DM-P for large commercial photovoltaic customers, EI-P for industrial photovoltaic customers and IL-P for interruptible photovoltaic customers as well as authorizing the City Manager to execute interconnection agreements with all eligible customers wishing to interconnect photovoltaic systems to the City of Ukiah's electrical system. / ALTERNATIVE COUNCIL POLICY OPTIONS: Deny approval and direct Staff as to an Alternative Action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: Publicly Noticed Pursuant to Municipal Code Darryl Barnes, Director of Public Utilities Cindy Sauers, Electrical Distribution Engineer Candace Horsley, City Manager 1) Resolution for adoption including all Rate Schedules and Interconnection Agreement APPROVED! .... Candace Hor~ley, City ~l~,,~ager (Page 2) The proposed rate schedule for small commercial customers was created to comply with the California Public Utilities Code. The proposed large commercial, industrial and interruptible photovoltaic rate schedules were created to ensure all Ukiah electric customers were able to participate in and benefit from private investment in renewable energy resources. The proposed Interconnection Agreement is a modification of the original residential agreement to reflect the change in the California PUC as well as make the agreement suitable for all photovoltaic customers, regardless of rate schedule. Each rate schedule defines the credits and charges for energy sold and purchased from a customer's photovoltaic system. Each customer is billed or credited in accordance with the customer's otherwise applicable rate schedule, depending on whether he or she is a net consumer or net generator. The public benefits fund has set aside $18,000 per year for residential photovoltaic systems and $100,000 per year for commercial ( small commercial, large commercial, industrial and interruptible) photovoltaic systems. This rebate continues to give incentive to customers, on a first come first serve basis, who install alternative generation sources as well as assist the City of Ukiah in reducing peak demand energy and capacity. Each rate schedule also proposes providing a one time rebate of $3.00 per installed watt for each system in use. This rebate is standard for all rate schedules. Rebates will be limited on a per customer basis to $6,000 for residential and $25,000 for commercial customer-generators. This rebate will cover a portion of the installation costs of the system. Any application received by the City of Ukiah prior to implementation of these rate schedules will not be subject to this limit. Staff is requesting adoption of all rate schedules and authorization for the City Manager to execute, on behalf of the City of Ukiah, all future interconnection agreements. RESOLUTION NO. 2003 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REVISING THE DOMESTIC PHOTOVOLTAIC RATE SCHEDULE AND ESTABLISHING RATE SCHEDULES FOR SMALL COMMERCIAL, LARGE COMMERCIAL, INDUSTRIAL AND INTERRUPTIBLE PHOTOVOLTAIC SYSTEMS IN THE CITY OF UKIAH AND AUTHORIZING THE CITY MANAGER TO EXECUTE INTERCONNECTION AGREEMENTS FOR EACH RATE SCHEDULE WHEREAS, Section 2827 of the California Public Utilities Code has been modified and requires that electric utilities offer net energy metering to domestic and small commercial customers that operate solar electric generating facilities of 1,000 Kilowatts or 1 Megawatt (previously 10 kilowatts) or less; and WHEREAS, the City of Ukiah Electric Utility wishes to comply with these regulations and has recommended a change in the domestic rate schedule and creation of a new small commercial rate schedule which addresses the credits and charges for energy sold and purchased from a customer's residential or small commercial photovoltaic system; and WHEREAS, the City of Ukiah Utility wishes to ensure all Ukiah electric customers are able to participate in and benefit from private investment in renewable energy resources and has recommended establishment of four new rate schedules for Small Commercial, Large Commercial, Industrial and Interruptible customers; and WHEREAS, customers of municipalities are no longer eligible for the California Energy Commission rebate program and the City of Ukiah has recognized that rebates for a portion of the costs to install eligible residential, small commercial, large commercial, industrial or interruptible photovoltaic systems are appropriate as incentives to create such new power generation facilities has recommended a $3.00/watt rebate for installation with a limit of $6,000 per customer for residential customer rebates and $25,000 per customer for commercial customer rebates; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah revises Residential Electric Rate Schedule D-PM (attached as Exhibit A) and establishes Electric Rate Schedules for Small Commercial SC-P (Exhibit B), Large Commercial C-DM-P (Exhibit C), Industrial EI-P (Exhibit D) and Interruptible IL-P (Exhibit E) customers who provide for photovoltaic power production, effective for all billings issued on or after May 8, 2003; AND BE IT FURTHER RESOLVED that the City Manager is authorized to execute interconnection agreements (attached as Exhibit F) with residential, small commercial, large commercial, industrial and interruptible customers requesting to interconnect photovoltaic systems with the City of Ukiah's electrical system. PASSED AND ADOPTED AYES: NOES: ABSENT: ABSTAIN: Attest: Eric Larson, Mayor Marie Ulvila, City Clerk EXHIBIT A CITY OF UKIAH SCHEDULE D-PM DOMESTIC - PHOTOVOLTAIC METERING APPLICABILITY This rate is applicable for domestic service to residential customers eligible for service where a part of all of the electrical requirement of the customer can be supplied from a photovoltaic power production source owned and operated by the customer, where such source is connected for parallel operation with service of the City of Ukiah's Electric Utility, and where such source is located on the customer's premises and is intended to offset part or all of the customer's electrical requirements. This schedule provides rates, terms and conditions for the sale of energy by the City of Ukiah's Electric Utility. Prices, terms and conditions for the purchase of net energy transmitted by the customer to the City of Ukiah's Electric Utility are included herein for reference only. Such prices, terms and conditions and the terms of interconnection and parallel operation are outlined in the generation agreement required for service under this schedule. The purpose of this schedule is to facilitate terms of service to customers with photovoltaic power production systems of not more than 1,000 Kilowatts (1 Megawatt). One Megawatt (MW) equals one thousand Kilowatts. The customer may alternatively select other options to operate in parallel and sell power under terms of the City of Ukiah's Electric Utility standard price offer as applicable. Applicability of this schedule does not extend to customers whose photovoltaic power production source exceeds 1 MW. TERRITORY Within the entire territory served by the City of Ukiah's Electric Utility. RATES All rates charged under this schedule will be in accordance with the eligible customer- generator's otherwise-applicable metered rate schedule. An eligible customer-generator served under this schedule is responsible for all charges from its otherwise-applicable rate schedule including monthly minimum charges. Charges for electricity supplied by the City of Ukiah's Electric Utility will be based on the net-metered usage in accordance with Net Energy Metering and Billing. Interconnection Agreement with the customer is required for service under this schedule. SPECIAL CONDITIONS . METERING EQUIPMENT: An additional meter to the existing electric service meter shall be installed to monitor the flow of electricity from the photoelectric generating system with the consent of the customer-generator, at the expense of the City of Ukiah's Electric Utility. The two meters shall be used only to provide the information necessary to accurately bill or credit the customer according to the utility's otherwise applicable tariff. The net energy metering calculation (see below) shall yield a result identical to that of a single meter capable of measuring the flow of electricity in two directions. 2. NET ENERGY METERING AND BILLING: Net energy is defined as measuring the difference between the electricity supplied by the City of Ukiah's Electric Utility through the electric grid to the customer-generator and electricity generated by a customer-generator and fed back into the electric grid over a 12- month period. At the end of each 12-month period following the date of final interconnection of the customer-generator and at each anniversary date thereafter, the customer-generator shall be billed for electricity used during that period. In the event that the electricity supplied by the City of Ukiah's Electric Utility during the 12-month period exceeds the electricity generated by the customer- generator during the same period, the customer-generator is a net electricity consumer and the City of Ukiah's Electric Utility shall bill the customer- generator for the net consumption during the 12-month period based on the customer-generator's otherwise applicable rate schedule, as set forth below. For customer-generators taking service on otherwise-applicable baseline rate schedules, any net monthly consumption or production shall be valued as follows: a) Baseline Rates: For customer-generators taking service on otherwise-applicable baseline rate schedules, any net consumption or production shall be valued monthly as follows: If the customer-generator is a net consumer, the customer-generator will be billed in accordance with the customer-generator's otherwise-applicable rate schedule. If the customer-generator is a net generator, the net kWh generated shall be valued at the rate for the kWh up to the baseline quantity, with any excess kWh generated, valued at the rate for the appropriate tier level in which the equivalent kWh of usage would fall. b) Annual and Monthly Billing: The City of Ukiah's Electric Utility shall provide the customer-generator with net electricity consumption in formation with each regular bill. That information shall include the current monetary balance owed the City of Ukiah for the net electricity consumed since the last 12-month period ended. Residential customer-generators may pay monthly or annually for the net energy consumed. CREDITS The Utility will reimburse to the customer $3.00 per watt for each Kw installed to a maximum of $6,000 per eligible residential customer-generator. This is a one-time credit for each installation. The customer shall provide the City of Ukiah's Electric Utility with certified documentation of the system rating. EXHIBIT B CITY OF UKIAH SCHEDULE SC-P ELECTRIC RATE - PE5, PE6, PC5, PC6, P55, P51 SMALL COMMERCIAL - PHOTOVOLTAIC METERING APPLICABILITY This schedule is applicable to general commercial and non-commercial residential lighting, heating and all single phase and three phase alternating current loads in which energy use is less than 144,000 kilowatt hours (Kwh) per meter for 12 consecutive months. This schedule is not applicable to commercial uses permitted by the City under the Home Occupation Permit. This schedule applies to customers previously under the general service rate schedule 1602 (E5, E6, C5, C6, E55 and E51) where all or part of the customer's electrical usage can be supplied by a photovoltaic power production source owned and operated by the customer. The photovoltaic production source, with a capacity not exceeding 1,000 Kilowatts (1 Megawatt), is located on the customer premises and is interconnected and operated in parallel with the electric grid, and is intended primarily to offset part or all of the customer's own electrical requirements. One Megawatt (MW) equals one thousand Kilowatts. This schedule provides rates, terms and conditions for the sale of energy by the City of Ukiah's Electric Utility. Prices, terms and conditions for the purchase of net energy transmitted by the customer to the City of Ukiah's Electric Utility are included herein for reference only. Such prices, terms and conditions and the terms of the interconnection and parallel operation are outlined in the generation agreement required for service under this schedule. The purpose of this schedule is to facilitate terms of service for small commercial customers with photovoltaic power production systems of not more than 1 Megawatt. The customer may alternatively select other options to operate in parallel and sell power under terms of the Utility's standard price offer as applicable. Applicability of this schedule does not extend to customers whose photovoltaic power production exceeds 1 MW. TERRITORY This rate is applicable within the entire territory served by the City of Ukiah Electric Department. RATES Basic Charge: Per Meter Per Month Single Phase Service(PE5) .................................... $8.40 Polyphase Service (PE6) ....................................... $9.80 X-Ray machine (P51) .......................................... $21.00 Minimum Charge: Second Meter (P55) ........................................... $8.40 Per Meter Per Month Rates per KWH Energy Usage Charge(PE5, P51, P55 & PE6) Summer ............................................... $. 16568 Winter ................................................. $.12294 All rates charged under this schedule will be in accordance with the eligible customer-generator's otherwise applicable metered rate schedule. An eligible customer-generator served under this schedule is responsible for all charges from its otherwise applicable rate schedule including monthly minimum charges. Charges for electricity supplied by the City of Ukiah's Electric Utility will be based on the net-metered usage in accordance with Net Energy Metering and Billing. Interconnection Agreement with the customer is required for service under this schedule. SPECIAL CONDITIONS 1. Metering Equipment: An additional meter to the existing electric service meter shall be installed to monitor the flow of electricity from the photoelectric generating system with the consent of the customer-generator, at the expense of the City of Ukiah's Electric Utility. The two meters shall be used only to provide the information necessary to accurately bill or credit the customer according to the utility's otherwise applicable tariff. The net energy metering calculation shall yield a result identical to that of a single meter capable of measuring the flow of electricity in two directions. 2. Net Energy Metering and Billing: Net energy is defined as measuring the difference between the electricity supplied by the City of Ukiah's Electric Utility through the electric grid to the customer-generator and electricity generated by a customer-generator and fed back into the electric grid over a 12-month period. At the end of each 12-month period following the date of final interconnection of the customer-generator and at each anniversary date thereafter, the customer-generator shall be billed for electricity used during that period. In the event that the electricity supplied by the City of Ukiah's Electric Utility during the 12-month period exceeds the electricity generated by the customer-generator during the same period, the customer-generator is a net electricity consumer and the City of Ukiah's Electric Utility shall bill the customer-generator for the net consumption during the 12- month period based on the customer-generator's otherwise applicable rate schedule, as set forth below. a.) Seasonal Rates: For customer-generators taking service on otherwise applicable seasonal rate schedules, any net consumption or production shall be valued monthly as follows: If the customer-generator is a net consumer, the customer-generator will be billed in accordance with the customer-generator's otherwise applicable seasonal rate schedule. If the customer-generator is a net generator, the net kWh generated shall be valued at a rate for the kWh equivalent to the applicable seasonal rate schedule. The Summer rate is applicable May 1 through October 31. The Winter rate is applicable November 1 through April 30. Rates will be billed with billing period pro- ration for seasonal and rate adjustments. b.) Annual and Monthly Billing: The City of Ukiah's Electric Utility shall provide the customer-generator with net electricity consumption in formation with each regular bill. That information shall include the current monetary balance owed the City of Ukiah for the net electricity consumed since the last 12-month period ended. Small Commercial customer- generators may pay monthly or annually for the net energy consumed. CREDITS The Utility will reimburse to the customer $3.00 per watt for each watt installed to a maximum of $25,000 per eligible commercial customer-generator. This is a one-time credit for each installation. The customer shall provide the Utility with certified documentation of the system rating. EXHIBIT C CITY OF UKIAH SCHEDULE C-DM-P ELECTRIC RATE - PE7, PC7 GENERAL SERVICE WITH DEMAND - PHOTOVOLTAIC METERING APPLICABILITY This schedule is applicable to commercial and non-residential lighting, heating and all single phase and three phase loads in which energy use is 144,000 kilowatt hours (Kwh) or greater per meter for 12 consecutive months. This schedule applies to customers previously under the general service rate schedule 1602-DM (E7 and C7) where all or part of the customer's electrical usage can be supplied by a photovoltaic power production source owned and operated by the customer. The photovoltaic production source, with a capacity not exceeding 1,000 Kilowatts or 1 Megawatt, is located on the customer premises and is interconnected and operated in parallel with the electric grid, and is intended primarily to offset part or all of the customer's own electrical requirements. One Megawatt (MW) equals one thousand Kilowatts. This schedule provides rates, terms and conditions for the sale of energy by the City of Ukiah's Electric Utility. Prices, terms and conditions for the purchase of net energy transmitted by the customer to the City of Ukiah's Electric Utility are included herein for reference only. Such prices, terms and conditions and the terms of the interconnection and parallel operation are outlined in the generation agreement required for service under this schedule. The purpose of this schedule is to facilitate terms of service for commercial customers with photovoltaic power production systems of not more than 1 Megawatt. The customer may alternatively select other options to operate in parallel and sell power under terms of the Utility's standard price offer as applicable. Applicability of this schedule does not extend to customers whose photovoltaic power production exceeds 1 MW. TERRITORY This rate is applicable within the entire territory served by the City of Ukiah Electric Department. RATES Per Meter Per Month Basic Charge ..................................................... $70.60 Per Meter Per Month Per KWH Energy Usage (in addition to demand charge) Winter .................................................... 08829 Summer ................................................... 10966 DEMAND CHARGE Demand Charge Per Kilowatt of Maximum Demand Winter ................................................... $4.05 Summer ................................................ $6.45 The customer will be billed for demand according to the customer's "maximum kilowatt demand" each month. The number of kilowatts (Kw) used will be recorded over 15 minute intervals; the highest 15 minute average Kw use in the month will be the customer's maximum demand. All customers applicable under this schedule are subject to reclassification under a different rate schedule at any time with proper notice or when the next rate is changed. All rates charged under this schedule will be in accordance with the eligible customer-generator's otherwise applicable metered rate schedule. An eligible customer-generator served under this schedule is responsible for all charges from its otherwise applicable rate schedule including monthly minimum charges. Charges for electricity supplied by the City of Ukiah's Electric Utility will be based on the net-metered usage in accordance with Net Energy Metering and Billing. Interconnection Agreement with the customer is required for service under this schedule. SPECIAL CONDITIONS 1. Metering Equipment: An additional meter to the existing electric service meter shall be installed to monitor the flow of electricity from the photoelectric generating system with the consent of the customer-generator, at the expense of the City of Ukiah's Electric Utility. The two meters shall be used only to provide the information necessary to accurately bill or credit the customer according to the utility's otherwise applicable tariff. The net energy metering calculation shall yield a result identical to that of a single meter capable of measuring the flow of electricity in two directions. 2. Net Energy Metering and Billing: Net energy is defined as measuring the difference between the electricity supplied by the City of Ukiah's Electric Utility through the electric grid to the customer-generator and electricity generated by a customer-generator and fed back into the electric grid over a 12-month period. At the end of each 12-month period following the date of final interconnection of the customer-generator and at each anniversary date thereafter, the customer-generator shall be billed for electricity used during that period. In the event that the electricity supplied by the City of Ukiah's Electric Utility during the 12-month period exceeds the electricity generated by the customer-generator during the same period, the customer-generator is a net electricity consumer and the City of Ukiah's Electric Utility shall bill the customer-generator for the net consumption during the 12- month period based on the customer-generator's otherwise applicable rate schedule, as set forth below. a.) Seasonal Rates: For customer-generators taking service on otherwise applicable seasonal rate schedules, any net consumption or production shall be valued monthly as follows: If the customer-generator is a net consumer, the customer-generator will be billed in accordance with the customer-generator's otherwise applicable seasonal rate schedule. If the customer-generator is a net generator, the net kWh generated shall be valued at a rate for the kWh equivalent to the applicable seasonal rate schedule. The Summer rate is applicable May 1 through October 31 and the Winter rate is applicable November 1 through April 30. Rates will be billed with billing period proration for seasonal and rate adjustments. b.) Annual and Monthly Billing: The City of Ukiah's Electric Utility shall provide the customer-generator with net electricity consumption in formation with each regular bill. That information shall include the current monetary balance owed the City of Ukiah for the net electricity consumed since the last 12-month period ended. Small Commercial customer- generators may pay monthly or annually for the net energy consumed. CREDITS The Utility will reimburse to the customer $3.00 per watt for each watt installed to a maximum of $25,000 per eligible commercial customer-generator. This is a one-time credit for each installation. The customer shall provide the Utility with certified documentation of the system rating. EXHIBIT D CITY OF UKIAH SCHEDULE EI-P ELECTRIC RATE - EIP GENERAL LARGE INDUSTRIAL WITH DEMAND - PHOTOVOLTAIC METERING APPLICABILITY This schedule is applicable to large industrial production, lighting, heating and all single phase and three phase loads in which energy use is an average of 75,000 Kwh monthly or greater with a demand of 200 KW monthly or greater for at least six consecutive months (multiple meters at a single location will be combined). The Industrial rate is applicable to large manufacturing facilities, defined as businesses or corporations that produce products for either wholesale or retail sales or businesses that contract to fulfill obligations to produce specific components. This schedule applies to customers previously under the General Large Industrial Service schedule E-I where all or part of the customer's electrical usage can be supplied by a photovoltaic power production source owned and operated by the customer. The photovoltaic production source, with a capacity not exceeding 1,000 Kilowatts or 1 Megawatt, is located on the customer premises and is interconnected and operated in parallel with the electric grid, and is intended primarily to offset part or all of the customer's own electrical requirements. One Megawatt (MW) equals 1,000 Kilowatts. This schedule provides rates, terms and conditions for the sale of energy by the City of Ukiah's Electric Utility. Prices, terms and conditions for the purchase of net energy transmitted by the customer to the City of Ukiah's Electric Utility are included herein for reference only. Such prices, terms and conditions and the terms of the interconnection and parallel operation are outlined in the generation agreement required for service under this schedule. The purpose of this schedule is to facilitate terms of service for industrial customers with photovoltaic power production systems of not more than 1 Megawatt. The customer may alternatively select other options to operate in parallel and sell power under terms of the Utility's standard price offer as applicable. Applicability of this schedule does not extend to customers whose photovoltaic power production exceeds 1 MW. TERRITORY This rate is applicable within the entire territory served by the City of Ukiah Electric Department. RATES Per Meter Per Month Basic Charge ..................................................... $70.60 Per Meter Per Month Per KWH Energy Usage (in addition to demand charge) Winter ................................................... $.06829 Summer ................................................ $.08966 DEMAND CHARGE Demand Charge Per Kilowatt of Maximum Demand Winter ................................................... $4.05 Summer ................................................ $6.45 The customer will be billed for demand according to the customer's "maximum kilowatt demand" each month. The number of kilowatts (Kw) used will be recorded over 15 minute intervals; the highest 15 minute average Kw use in the month will be the customer's maximum demand. If minimum usage and demand requirements are not maintained for a consecutive six-month period, the account will be reclassified under the E-6 or E-7 rate, whichever is appropriate for the usage. A three-month grace period for accounts will be allowed to determine if there is a trend for decreased usage. All customers applicable under this schedule are subject to reclassification under a different rate schedule at any time with proper notice or when the next rate is changed. All rates charged under this schedule will be in accordance with the eligible customer-generator's otherwise applicable metered rate schedule. An eligible customer-generator served under this schedule is responsible for all charges from its otherwise applicable rate schedule including monthly minimum charges. Charges for electricity supplied by the City of Ukiah's Electric Utility will be based on the net-metered usage in accordance with Net Energy Metering and Billing. Interconnection Agreement with the customer is required for service under this schedule. SPECIAL CONDITIONS 1. Metering Equipment: An additional meter to the existing electric service meter shall be installed to monitor the flow of electricity from the photoelectric generating system with the consent of the customer-generator, at the expense of the City of Ukiah's Electric Utility. The two meters shall be used only to provide the information necessary to accurately bill or credit the customer according to the utility's otherwise applicable tariff. The net energy metering calculation shall yield a result identical to that of a single meter capable of measuring the flow of electricity in two directions. 2. Net Energy Metering and Billing: Net energy is defined as measuring the difference between the electricity supplied by the City of Ukiah's Electric Utility through the electric grid to the customer-generator and electricity generated by a customer-generator and fed back into the electric grid over a 12-month period. At the end of each 12-month period following the date of final interconnection of the customer-generator and at each anniversary date thereafter, the customer-generator shall be billed for electricity used during that period. In the event that the electricity supplied by the City of Ukiah's Electric Utility during the 12-month period exceeds the electricity generated by the customer-generator during the same period, the customer-generator is a net electricity consumer and the City of Ukiah's Electric Utility shall bill the customer-generator for the net consumption during the 12- month period based on the customer-generator's otherwise applicable rate schedule, as set forth below. a.) Seasonal Rates: For customer-generators taking service on otherwise applicable seasonal rate schedules, any net consumption or production shall be valued monthly as follows: If the customer-generator is a net consumer, the customer-generator will be billed in accordance with the customer-generator's otherwise applicable seasonal rate schedule. If the customer-generator is a net generator, the net kWh generated shall be valued at a rate for the kWh equivalent to the applicable seasonal rate schedule. The Summer rate is applicable May 1 through October 31 and the Winter rate is applicable November 1 through April 30. Rates will be billed with billing period proration for seasonal and rate adjustments. b.) Annual and Monthly Billing: The City of Ukiah's Electric Utility shall provide the customer-generator with net electricity consumption in formation with each regular bill. That information shall include the current monetary balance owed the City of Ukiah for the net electricity consumed since the last 12-month period ended. Small Commercial customer- generators may pay monthly or annually for the net energy consumed. CREDITS The Utility will reimburse to the customer $3.00 per watt for each watt installed to a maximum of $25,000 per eligible industrial customer-generator. This is a one-time credit for each installation. The customer shall provide the Utility with certified documentation of the system rating. EXHIBIT E CITY OF UKIAH SCHEDULE IL-P ELECTRIC RATE - P70 INTERRUPTED LOAD - PHOTOVOLTAIC METERING APPLICABILITY This schedule is applicable to City occupied/owned facilities. Interruptible loads are classified as those loads that could be removed from the electrical grid at times of peak demand for the electrical system. Those facilities with their own generation would be eligible. The generators are required to be operated under load at least four (4) times a year to maintain plant reliability. This schedule applies to customers previously under the Interruptible Load Schedule 1602-IL where all or part of the customer's electrical usage can be supplied by a photovoltaic power production source owned and operated by the customer. The photovoltaic production source, with a capacity not exceeding 1,000 Kilowatts or 1 Megawatt, is located on the customer premises and is interconnected and operated in parallel with the electric grid, and is intended primarily to offset part or all of the customer's own electrical requirements. One Megawatt (MW) equals 1,000 Kilowatts. This schedule provides rates, terms and conditions for the sale of energy by the City of Ukiah's Electric Utility. Prices, terms and conditions for the purchase of net energy transmitted by the customer to the City of Ukiah's Electric Utility are included herein for reference only. Such prices, terms and conditions and the terms of the interconnection and parallel operation are outlined in the generation agreement required for service under this schedule. The purpose of this schedule is to facilitate terms of service for industrial customers with photovoltaic power production systems of not more than 1 Megawatt. The customer may alternatively select other options to operate in parallel and sell power under terms of the Utility's standard price offer as applicable. Applicability of this schedule does not extend to customers whose photovoltaic power production exceeds 1 MW. TERRITORY This rate is applicable within the entire territory served by the City of Ukiah Electric Department. RATES Per Meter Per Month Basic Charge ..................................................... $70.60 Per Meter Per Month Per KWH Energy Usage (in addition to demand charge) Winter ................................................... $.08829 Summer ................................................ $.09138 DEMAND CHARGE Demand Charge Per Kilowatt of Maximum Demand Winter ................................................... $4.05 Summer ................................................ $6.45 The customer will be billed for demand according to the customer's "maximum kilowatt demand" each month. The number of kilowatts (Kw) used will be recorded over 15 minute intervals; the highest 15 minute average Kw use in the month will be the customer's maximum demand. All rates charged under this schedule will be in accordance with the eligible customer-generator's otherwise applicable metered rate schedule. An eligible customer-generator served under this schedule is responsible for all charges from its otherwise applicable rate schedule including monthly minimum charges. Charges for electricity supplied by the City of Ukiah's Electric Utility will be based on the net-metered usage in accordance with Net Energy Metering and Billing. Interconnection Agreement with the customer is required for service under this schedule. SPECIAL CONDITIONS 1. Metering Equipment: An additional meter to the existing electric service meter shall be installed to monitor the flow of electricity from the photoelectric generating system with the consent of the customer-generator, at the expense of the City of Ukiah's Electric Utility. The two meters shall be used only to provide the information necessary to accurately bill or credit the customer according to the utility's otherwise applicable tariff. The net energy metering calculation shall yield a result identical to that of a single meter capable of measuring the flow of electricity in two directions. 2. Net Energy Metering and Billing: Net energy is defined as measuring the difference between the electricity supplied by the City of Ukiah's Electric Utility through the electric grid to the customer-generator and electricity generated by a customer-generator and fed back into the electric grid over a 12-month period. At the end of each 12-month period following the date of final interconnection of the customer-generator and at each anniversary date thereafter, the customer-generator shall be billed for electricity used during that period. In the event that the electricity supplied by the City of Ukiah's Electric Utility during the 12-month period exceeds the electricity generated by the customer-generator during the same period, the customer-generator is a net electricity consumer and the City of Ukiah's Electric Utility shall bill the customer-generator for the net consumption during the 12- month period based on the customer-generator's otherwise applicable rate schedule, as set forth below. a.) Seasonal Rates: For customer-generators taking service on otherwise applicable seasonal rate schedules, any net consumption or production shall be valued monthly as follows: If the customer-generator is a net consumer, the customer-generator will be billed in accordance with the customer-generator's otherwise applicable seasonal rate schedule. If the customer-generator is a net generator, the net kWh generated shall be valued at a rate for the kWh equivalent to the applicable seasonal rate schedule. The Summer rate is applicable May 1 through October 31 and the Winter rate is applicable November 1 through April 30. Rates will be billed with billing period proration for seasonal and rate adjustments. b.) Annual and Monthly Billing: The City of Ukiah's Electric Utility shall provide the customer-generator with net electricity consumption in formation with each regular bill. That information shall include the current monetary balance owed the City of Ukiah for the net electricity consumed since the last 12-month period ended. Small Commercial customer- generators may pay monthly or annually for the net energy consumed. CREDITS The Utility will reimburse to the customer $3.00 per watt for each watt installed to a maximum of $25,000 per eligible interruptible customer-generator. This is a one-time credit for each installation. The customer shall provide the Utility with certified documentation of the system rating. EXHIBIT F CITY OF UKIAH PHOTOVOLTAIC INTERCONNECTION AGREEMENT FOR ENERGY METERING FROM SOLAR ELECTRIC GENERATING FACILITIES OF 1 MEGAWATT (1~000 KILOWATTS) OR LESS DECLARATIONS ("Customer-Generator"), and the City of Ukiah, referred to collectively as "Parties" and individually as "Party", consistent with, and in order to effectuate, the provisions of Section 2827 if the California Public Utilities Code and the City of Ukiah's applicable electric rate schedules enter into this "Photovoltaic Interconnection Agreement for Energy Metering From Solar Electric Generating Facilities of 1 Megawatt (MW) or Less". This Agreement applies to the Customer- Generator's generating facilities identified below with the specific characteristics and generating capacity, and does not allow interconnection or operation of facilities different than those described. Accordingly, the Parties agree as follows: 1. DESCRIPTION OF CUSTOMER-GENERATOR'S SOLAR ELECTRIC GENERATING FACILITY ("Facili~"): 1.1 Project Identification Number: . (Utility Log Number) 1.2 Interconnected Equipment: Table 1 - List of generating equipment interconnected with the City of Ukiah Electric Utility with an inverter (List the information requested below for all inverters interconnected with the City of Ukiah Electric Utility's distribution system. If more than one generator shares the inverter, write, "shared" on the same line as that generator under the manufacturer column and do not enter the inverter rating. Attach list of additional equipment if applicable.) Generator Manufacturer Inverter Model Inverter Rating (watts) for Inverter used Number Rating with Generator (watts) 1 2 Table 2 - List of generating equipment interconnected with the City of Ukiah Electric Utility without an inverter (List the information requested below for all generators directly interconnected without an inverter to the City of Ukiah Electric Utility's distribution system. Attach list of additional equipment if applicable.) PV Array Rating: kW. 1.3 Site Address: 1.4 1.5 Facility will be ready for operation on or about Location of City of Ukiah Designated Switching: (Date) 1.6 Location of City of Ukiah Customer Contact: 1.7 Operating Option Customer-Generator has elected to operate its solar-electric generating facility in parallel with the City ofUkiah's transmission and distribution facilities. The solar-electric generating facility is intended primarily to offset part or all of the Customer-Generator's own electric requirements. Customer-Generator shall not commence operation of the Facility until the City of Ukiah Electric Utility has given written approval of the interconnection facility. 2. CUSTOMER BILLING AND PAYMENT OPTIONS Customer-Generator's electric rate schedule shall remain the same. Summer and winter times are the same as the current rate schedule definitions. Customer- Generator may (at its option) pay any amount for electric utility charges monthly, with the understanding that any and all payments will be reconciled annually as set forth herein. At the end of every twelve (12) month period following the date of final interconnection of the Customer-Generator's PV system, the Customer- Generator's charges for any net-energy consumption as defined in the Customer- Generator's electric rate schedule. The Customer-Generator's total payments for the twelve (12) months will then be subtracted from the total charges. The Customer-Generator will then be billed for any balance due. 3. INTERRUPTION OR REDUCTION OF DELIVERIES 3.1 3.2 3.3 The City of Ukiah shall not be obligated to accept or pay for and may require Customer-Generator to interrupt or reduce deliveries of as-available energy: (a) when necessary in order to construct, install, maintain, repair, replace, remove, investigate, or inspect any of its equipment or part of its system; or (b) if it determines that curtailment, interruption, or reduction is necessary because of emergencies, forced outages, force majeure, or compliance with prudent electrical practices. Whenever possible, the City of Ukiah shall give Customer- Generator reasonable notice of the possibility that interruption or reduction of deliveries may be required. Notwithstanding any other provisions of this Agreement, if at any time the City of Ukiah determines that either (a) the facility may endanger the City of Ukiah personnel, or (b) the continued operation of Customer-Generator's facility may endanger the integrity of the City ofUkiah's electric system, the City of Ukiah shall have the right to disconnect Customer-Generator' facility from the City ofUkiah's electrical system. Customer-Generator's Facility shall remain disconnected until such time as the City of Ukiah is satisfied that the condition(s) referenced in (a) or (b) of this Section 4.3 have been corrected. 4. INTERCONNECTION 4.1 4.2 4.3 4.4 Customer-Generator shall deliver the as-available energy to the City of Ukiah at the utility's meter. Customer-Generator shall pay for designing, installing, operating, and maintaining the solar-electric generating facility in accordance with all applicable laws and regulations and shall comply with the City ofUkiah's Appendix A, which is attached hereto. The City of Ukiah shall furnish and install standard watt-hour meters. Customer-Generator shall provide and install meter sockets and related equipment. Customer-Generator shall not commence parallel operation of the generating facility until written approval of the interconnection facilities has been given by the City of Ukiah. Such approval shall not be unreasonably withheld. The City of Ukiah shall have the right to have representatives present at the initial testing of Customer-Generator's protective apparatus. 5. MAINTENANCE AND PERMITS Customer-Generator shall: (a) maintain the solar-electric generating facility and interconnection facilities in a safe and prudent maimer and in conformance with all applicable laws and regulations including, but not limited to, the City of Ukiah's Appendix A, and (b) obtain any govemmental authorizations and permits required for the construction and operation of the solar-electric generating facility and interconnection facilities. Customer-Generator shall reimburse the City of Ukiah for any and all losses, damages, claims, penalties, or liability it incurs as a result of Customer-Generator's failure to obtain or maintain any governmental authorization and permits required for construction and operation of Customer- Generator's generating facility. The City of Ukiah will have the right to inspect and test the automatic disconnect circuit on periodic basis to insure proper operation defined in Appendix A. 6. ACCESS TO PREMISES The City of Ukiah may enter Customer-Generator's premises: (a) to inspect at all reasonable hours Customer-Generator's protective devices and read or test meter; and (b) to disconnect, without notice, the interconnection facilities if, in the City ofUkiah's opinion, a hazardous condition exists and such immediate action is necessary to protect person's, or the City of Ukiah's facilities, or property of others from damage or interference caused by Customer-Generator's solar-electric facilities, or lack of properly operating protective devices. 7. INDEMNITY AND LIABILITY 7.1 The Customer-Generator shall protect and defend the City against any claim for money made against the City, if the claim is based on any act or omission of the Customer-Generator in performing under this Agreement, regardless of whether the act or omission involves allegedly negligent or intentionally wrongful conduct, or if the claim results from the engineering, design, construction, maintenance, repair, improvement, replacement, operation, supervision, testing or ownership of the Customer-Generator's facility. Collectively, these activities will be referred to in this Agreement as "operation of the facility". The Customer-Generator will protect the City and its officers, agents, employees, and contractors. This obligation applies to the acts or omissions of the Customer-Generator's officers, agents, employees, contractors, and volunteers. In addition the Customer-Generator shall pay any loss of expense incurred by the City caused by the operation of the Customer-Generator's facility. Under its obligation to defend the City, the Customer- Generator shall provide at its expense such attorneys, investigators, consultants, experts or other professionals as may be necessary to defend any such claim or demand and shall pay all expenses associated with such defense, including any expenses incurred by the City to assist or participate in such defense. If Customer- Generator fails to provide competent representation when necessary to prevent any prejudice to the City's interests, the City may retain such services and incur such expenses as may be reasonably prudent to protect its interest and Customer-Generator 7.2 7.3 7.4 7.5 8. INSURANCE 8.1 shall pay any such expenses incurred by the City within 30 days of the date the City provides the Customer-Generator with written notice of the expense and a demand for payment. In agreeing to indemnify City under this paragraph 8.1, the Customer-Generator shall pay any settlement or judgment resulting from a claim, demand, and cause of action or suit covered by this paragraph. The Customer-Generator will not be required to protect the City against a claim that is based on the sole active negligence of the City or its officers, agents, employees, or contractors (other than the Customer-Generator). The City will provide this same protection to the Customer- Generator for any claim based on the operation of the City's facilities, or the sole and active negligence of the City or its officers, agents, employees or contractors (other than the Customer-Generator) in operating its facilities. This indemnification and hold harmless provision of this Agreement shall remain in effect, even if the Agreement is otherwise terminated or fully performed. Notwithstanding the indemnity of Section 8.1, and except for a Party's willful misconduct or sole negligence, each Party shall be responsible for damages to its facilities resulting from electrical disturbances or faults. The provisions of this Section 8 shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any valid insurance policy. Except as otherwise provided in Section 8.1, neither Party shall be liable to the other Party for consequential damages incurred by that Party. If Customer-Generator fails to comply with the insurance provisions of this Agreement, if any, Customer-Generator shall, at its own cost, defend, save harmless and indemnify the City of Ukiah, its directors, officers, employees, agents, assignees, and successors in interest from and against any kind or nature (including attorney's fee and other costs of litigation) resulting form the death or injury to any person or damage to any property, including the personnel property of the City of Ukiah, to the extent that the City of Ukiah would have been protected had Customer- Generator complied with all such insurance provisions. The inclusion of this Section 8.5 is not intended to create any express or implied right in Customer-Generator to elect not to provide any such required insurance. To the extent that Customer-Generator has currently in force all risk property insurance and comprehensive personal liability insurance, Customer-Generator agrees that it will maintain such insurance in force for the duration of this Agreement in no less amounts than those currently in effect. The City of Ukiah shall 8.2 8.3 have the right to inspect or obtain a copy of the original policy or policies of insurance prior to commencing operation. Customer-Generator shall meet the standards and rules set forth in Appendix A, have the appropriate liability insurance required in Section 9.1 and shall not be required to purchase any additional liability insurance. Such insurance required in Section 9.1 shall, by endorsement to the policy or policies, provide for thirty (30) calendar days written notice to the utility prior to cancellation, termination, alteration, or material change of such insurance. 9. GOVERNING LAW This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of Califomia. 10. AMENDMENT~ MODIFICATIONS OR WAIVER Any amendment or modifications to the Agreement shall be in writing and agreed to by both Parties. The failure of any Party at any time or times to require performance of any provision hereof shall in no manner affect the right at a later time to enforce the same. No waiver by any party of the breach of any term of covenant contained in this Agreement, Whether by conduct or otherwise, shall be deemed to be construed as a further or continuing waiver of any such breach or a waiver of the breach of any other term or covenant unless such waiver is in writing. 11. APPENDIX This Agreement includes the following appendix, which is attached and incorporated by reference: Appendix A: City ofUkiah's Photovoltaic Interconnection Standards for Solar Electric Generating Facilities of 1 MW or Less 12. NOTICES All written notices shall be directed as follows: City of Ukiah Public Utilities Department 300 Seminary Avenue Ukiah, California 95482 Customer-Generator's notice to the City of Ukiah pursuant to this Section 13 shall refer to the Project Identification Number set forth in Section 1.1. 13. TERM OF AGREEMENT This Agreement shall be in effect when signed by the Customer-Generator and the City of Ukiah and shall remain in effect thereafter month-to-month unless terminated by either Party on thirty (30) days' prior written notice in accordance with Section 13. 14. SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below. Sallle~ (Customer-Generator) By: By: Name: Title: Title: Date: Date: City of Ukiah APPENDIX A PHOTOVOLTAIC INTERCONNECTION STANDARDS FOR RESIDENTIAL SOLAR ELECTRIC GENERATION FACILITIES OF 10 KW OR LESS A. General g. This Appendix sets forth the requirements and conditions for interconnected non-utility owned, solar-electric generation where such generation may be connected for parallel operation with service of the Utility. For purpose of this Appendix, the interconnecting entity shall be designated Customer-Generator. Design Requirements o , . . Customer-Generator shall conform to applicable National Electric Code (NEC) Standards (NEC 690) and applicable building codes. Customer-Generator shall have a dedicated circuit from the inverter to service panel with a circuit breaker or fuse (NEC 690- 64(B)(1)). Customer-Generator's over-current device at the service panel shall be marked to indicate photovoltaic power source (NEC 690- 64(B)(4)). The Customer-Generator's inverter shall have the following minimum specifications for parallel operation with the Utility: a. bo d° Inverter output shall automatically disconnect from Utility source upon loss of Utility voltage and not reconnect until Utility voltage has been restored by the Utility (NEC 690-61). Inverter shall automatically disconnect from the Utility source within two cycles if Utility voltage fluctuates beyond 10% plus or minus. Inverter shall automatically disconnect from the Utility source within three cycles if the Utility frequency fluctuates one (1) cycle plus or minus. Inverter output distortion shall meet IEEE 519 standards. lOa ITEM NO. ~ DATE: May 7, 2003 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING PROHIBITION ON PARKING VEHICLES SIX FEET OR MORE IN HEIGHT AT 540 SOUTH ORCHARD AVENUE PURSUANT TO UKIAH CITY CODE SECTION 7154.5 On March 19, 2003 the City Council adopted Ordinance Number 1044 adding Section 7154.5 to the Ukiah City Code. This ordinance prohibits the parking of vehicles that are six feet or more in height at certain locations designated by resolution. Currently there is no parking permitted along the west side of Orchard Avenue at 540 South Orchard Avenue. Captain E. Conley, Commander with the California Highway Patrol (CHP) requested permission to restore on-street parking in the vicinity of 540 South Orchard Avenue with the restriction that vehicles over 6-feet in height not be allowed to park in front of the CHP/Department of Motor Vehicles (DMV). Please refer to Attachment 2 for a location map. The Traffic Engineering Committee (TEC) reviewed this request at its regular meeting of February 18, 2003. During review, the CHP representative noted that the request was to allow on-street parking for vehicles less than six feet in height. Restricting the height of vehicles parked along the frontage will allow better visibility for CHP officers departing on emergency response and others leaving the facility. This restriction was requested since several large vehicles frequent the CHP/DMV facility for driver testing and vehicle inspection. Some large vehicles utilize the south end of the parking lot of the CHP/DMV facility. In addition other large vehicles park on the east side of the street opposite CHP/DMV. The CHP representative indicated that additional on-street parking would benefit both CHP/DMV employees and customers. Approximately five on-street parking spaces will be restored by adoption of the attached resolution. This resolution will only affect 540 South Orchard Avenue. If other specific sites are later identified as candidates for this restriction, they will be reviewed on their merits by the TEC, and if recommended, will be brought back to Council for consideration. The TEC recommended approval of the restoration of on-street parking at 540 South Orchard Avenue with the restriction regarding parking of vehicles six feet or more in height. RECOMMENDED ACTION: Adopt resolution establishing prohibition on parking vehicles six feet or more in height at various locations pursuant to Ukiah City Code Section 7154.5. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Captain E. Conley, CHP Commander Requested by: Diana Steele, Director of Public Works / City Engineer~ ,~ Prepared by: Rick Seanor, Deputy Director of Public Works/~ Coordinated with: Candace Horsley, City Manager -,! Attachments: 1. Resolution for Adoption 2. Location Map APPROVED: ~. ~,~-~-~ Candace Horsley, Manager RJS: AG-540-S-Orchard-6-1t-Parking-ResolulJon. SUM RESOLUTION NO. 2003- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROHIBITION ON PARKING VEHICLES SlX FEET OR MORE IN HEIGHT AT 540 SOUTH ORCHARD AVENUE PURSUANT TO UKIAH CITY CODE SECTION 7154.5 WHEREAS, 1. Ukiah City Code Section 7154.5 prohibits the parking of vehicles six feet or more in height at locations and times as specified by resolution of the Ukiah City Council; and 2. Vehicle Code Section 22507 authorizes such prohibitions by ordinance or resolution, but requires signs or markings giving adequate notice of the prohibition or restriction before the resolution or ordinance shall apply; and 3. The City Council has determined to apply such restriction as further provided herein; NOW, THEREFORE, BE IT RESOLVED that: 1. Location where prohibition applies. The prohibition specified in Ukiah City Code Section 7154.5 shall apply at the following locations: Street Street Segment 540 South Orchard Avenue West side of street between two driveways serving Department of Motor Vehicles and California Highway Patrol 2. Days and times when restriction applies. The prohibition on parking vehicles 6 feet or more in height contained in Ukiah City Code Section 7154.5 shall apply at the above locations on the following days and times: Days Times Sunday - Saturday (7 days/week), including legal holidays 24 hours/day, no exceptions 3. The above prohibition/limitations shall apply at the locations, days and times specified immediately after the City Engineer installs signs giving adequate notice of the prohibition or restriction. Resolution No. 2003- Page 1 of 2 PASSED AND ADOPTED on ,2003, by the following roll call vote: AYES: NOES: ABSENT: Eric Larson, Mayor ATTEST: Marie UIvila, City Clerk Resolution No. 2003- Page 2 of 2 -PP-.~VEv,)A Y NpP..TM HE I~HT I_INIIT ITEM NO: MEETING DATE: 2003 AGENDA SUMMARY REPORT SUB3ECT: REPORT FROM CI'TY ATTORNEY REGARDZNG PUBLi'C ACCESS TO STREAMS City Council has requested that the City Attorney prepare a report regarding public access to streams. This item was first brought to the City Council at the March 19 meeting by Vice-Mayor Baldwin, and was continued to this Council meeting. Attached is the memo from City Attorney David Rapport discussing the various aspects of the legal basis for stream rights and year-round access. RECOMMENDED ACT~'ON: Review and discuss City Attorney's report regarding public access to streams. ALTERNATZVE COUNCZL POLZCY OPTZONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Shannon Riley, Executive Assistant Candace Horsley, City Manager 1. City Attorney's report regarding public access to streams Approved C~-~dac'e Horsily, c~Manager 4: CAN/ASR. Strea mAccess. 50703 Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 w. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell, net David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM TO: FROM: DATE: SUBJECT: The Honorable Mayor and City Council Members David J. Rapport, City Attorney April 28, 2003 The Legal Basis of Public Access to Streams (707) 462-6846 FAX 462-4235 You have asked me to provide an analysis of the legal basis for public access to streams that are surrounded by private property. CONCLUSION Under the public trust doctrine, the public can establish through public use a right of access over private property to reach "navigable" waters, meaning rivers, lakes, bays and other bodies of water that are listed in the Harbors and Navigation Code as navigable or which can be determined factually to be navigable by boat. The public trust doctrine also grants to the public a right to use the riverbed of navigable rivers and streams to the high water marks of the riverbanks. · In the absence of public use of an established road or trail for at least five years or with the implied consent of the owner, no right exists in the public to cross private property to reach a navigable river or stream. No such public right of access exists to reach non-navigable streams, although the doctrines of prescriptive easement or adverse possession could be used by specific individuals to establish a personal right to use private property. Since 1972, a property owner may prevent an implied dedication of public access by posting signs as described in two statutes. Moreover, this right to establish through public use access to navigable waters does not apply to property title to which is derived from Spanish or Mexican land grants. Lands east of Anton Stadium lie within one such grant, so the portion of Gibson Creek below Anton Stadium is not subject to the public trust doctrine. In order for the public trust doctrine to apply to streams east of Anton Stadium, including streams, such as Gibson Creek, originating in the western hills, a court would have to determine that such streams are, in fact, navigable by boat, at least seasonally, in the stretch to which the public seeks access. S:\lAMemos03~ublic Access to Strearns.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 2 State and local agencies have the power to regulate usage of the navigable waters but may not do so unreasonably. Private landowners may not be held liable (with exceptions for certain circumstances) for recreational use of their property when they permit (as opC)osed to specifically invite) others to use to their property. SUMMARY This memorandum includes: (1) an analysis of the State Constitution, (2) the public trust doctrine as it applies to navigable waters of the State, (3) permissible rights-of-way that afford public access, (4) limitations on the rights of access, (5) the basis for local agency regulation, and (6) liability of landowners who give permission for recreational use of their land. The California Constitution protects public access for public purposes to navigable waters of the State, defined to include that portion of the streambed that lies within the high water marks. The right of access may be shown by establishing that the public has used a right of way (e.g., a roadway or path) for at least five years, believing that a right to do so exists. That right, however, was limited by the Legislature in 1971 when it permitted landowners to post signs allowing access by permission only. Rights that vested before the effective date of the statutes are not affected. Local agencies have authority both under the public trust doctrine and the police power to regulate use of navigable waters but such regulation must be reasonable and not prohibit all uses. Finally, landowners who permit (as opposed to issue a specific invitation for) recreational use of their land are protected from certain kinds of liability. ANALYSIS I. Constitution. The Constitution of the State of California provides: No individual, partnership, or corporation, claiming or possessing the frontage or tidal lands of a harbor, bay, inlet, estuary, or other navigable water in this State, shall be permitted to exclude the right of way to such water whenever it is required for any public purpose, nor to destroy or obstruct the free navigation of such water; and the Legislature shall enact such laws as will give the most liberal construction to this provision, so that access to the navigable waters of this State shall be always attainable for the people thereof. (Const. art. 10, § 4.) A. Naviqable water. Navigable water encompasses statutorily listed rivers as well as portions of rivers that are navigable in fact. The Harbors and Navigation Code names portions of various rivers as navigable. (Harb. & Nav. Code §§ 101-107 (See Attachment 1).) No portion ofthe Russian River is listed in the Harbors and Navigation Code as a navigable river. (Id.) Additionally, courts have augmented that list by developing tests for navigability. In People v. Mack (CA 3 1971) 19 CaI.App.3d 1040, the Court of Appeal held that failure of the Legislature to designate Fall River as navigable was of "no consequence," citing Bohn v. Albertson (1951) 107 C.A.2d 738, 745 which held "... that the test of navigability is navigability in fact by any kind of vessel for any kind of commerce or travel." (Id. at 1048.) In Bohn, supra, a parcel of swamp land was granted by the state and the patentee reclaimed and used it for agriculture. In 1938 a levee broke and inundated the land, and thereafter, it was covered with water S:\ULMemos03~Public Access to Streams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 3 and used by many pleasure craft. Plaintiffs, lessees of the owners, developed the area for recreational purposes and sought to exclude members of the public from boating and fishing there. The Bohn Court held (1) If at the time of the state's conveyance there were navigable waters on the land, the public rights of navigation and fishery would have been reserved without express statement in the patent. (2) Although there were no navigable waters at that time, there are now, despite such obstructions as abandoned farm equipment and submerged tree stumps. (3) The avulsion~ did not affect the title of the owner of the inundated lands, and he still may reclaim them. But it did create navigable waters in which the public, until such reclamation, has the right of navigation and fishery so long as the waters are reached without trespassing on his land. In Hitchin~Ts v. Del Rio Woods Recreation & Park Dist. (CA 1 1976) 55 C.A3d 560, at issue was the test of navigability of an 11 mile portion of the Russian River in Sonoma County which had minimal flow during late summer and autumn months. The Court, citing to People v. Mack, supra, adopted a liberal recreational boating test, favoring free use of recreational water. The trial judge found that the part of the river in question was navigable under the recreational boating test for about 9 months and that period was sufficient "... to make it suitable, useful and valuable as a public recreational highway for most of the year and, therefore, it is navigable in law." (Hitchincls, supra, at 837.) An earlier State Supreme Court decision found a portion of the Russian River near its mouth navigable. (See Wriclht v. Seymour (1886) 69 Cal. 122.) In another case, Bess v. County of Humboldt (CA 1 1992) 3 CaI.App.4th 1544, the Court stated that".. · there is no authority.., for the proposition that a river must be designated non-navigable because it may be navigated only seasonally. There is, however, authority to the contrary." (Id. at 402.) Thus, access to portions of many rivers that are navigable for a part of the year is protected under the State Constitution. ~ As the above discussion indicates, there is no bright line test for navigability. An early case establishes that courts will take judicial notice (recognize without an evidentiary hearing) of the navigable character of large and well-known bodies of water, but the navigability of lesser streams must be established by presenting evidence of navigability to a court. (Mintzer v. North American Dredging Co., 242 F. 553 (N. D. Cal. 1916) aff'd 245 F. 297.) Accordingly, in most cases, navigability must be determined in the courts. B. Portion subiect to public access. Courts have defined the portion of the riverbed that is subject to the right of public access under the State's Constitution. The State has fee title to the portion of any navigational river within its boundaries as lies beneath the Iow-water mark. Abutting landowners t The removal of a considerable quantity of soil from the land of one man, and its deposit upon or annexation to the land of another, suddenly and by the perceptible action of water. (Black's Law Dictionary, Rev'd. 4~ Ed.) z The Harbors and Navigation Code provides that flood waters of any navigable watercourse are not considered navigable waters for the purpose of public use. (Harb. &Nav. Code§ 100.) Section 100 appears to further limit "navigability" to streams that are ".. of sufficient capacity to transport the products of the country .... "However, case law has not clarified this apparent limitation and it is, therefore, unclear what effect it has on any determination of navigability. S:\LnMemos03~blic Access to Streams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 4 own the land between the high- and Iow-water marks3, but their ownership is subject to the right of access under the Constitution for purposes such as navigation, fishing, and recreation. (Civ. Code§ 830.) Quoting Foclerty v. State of California, (1986) 187 CaI.App3d 224, the Court in Bess, supra, 3 CaI.App. 4th at 1547 stated: The high-water mark does not vary with the season, but is defined as the place where the river bed ends and the riverbank begins. This method involves examining the riverbank to find the highest point where the water's flows have prevented the growth of vegetation. (Citations omitted) Once access is gained, the public has the right of access for a public purpose to the entire portion of a river as lies below the high water mark: The streams of California are a vital recreational resource of the state. The modern determinations of the California courts, as well as those of several of the states, as to the test of navigability can well be restated as follows: members of the public have the right to navigate and to exercise the incidents of navigation in a lawful manner at any point below high water mark on waters of this state which are capable of being navigated by oar or motor propelled small court. (People v. Mack, supra, 19 CaI.App. 3d at 1051; Emphasis added.) II. Public Trust Doctrine. The State administers its ownership of the streams for public purposes accordin9 to the public trust doctrine. In a State Supreme Court decision, the public trust doctrine is set out as follows: "By the law of nature these things are common to mankind--the air, running water, the sea and consequently the shores of the sea." From this origin in Roman law, the English common law evolved the concept of the public trust, under which the sovereign owns all of its navigable waterways and the lands lying beneath them 'as trustee of a public trust for the benefit of the people'. The State of California acquired title as trustee to such lands and waterways upon its admission to the union; from the earliest days its judicial decisions have recognized and enforced the trust obligation. (National Audubon Society v. Superior Court of Alpine County (1983) 33 Cal.3d 419; cert. denied by City of Los Angeles Department of Water & Power v. National Audubon Society, 464 U.S. 97. Citations omitted.) The Civil Code § 830 provides: Except where the grant under which the land is held indicates a different intent, the owner of the upland, when it borders on tide water, takes to ordinary high-water mark; when it borders upon a navigable lake or stream, where there is no tide, the owner takes to the edqe of the lake or stream, at Iow-water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream. (Emphasis added.) 8:\ULMemos03',Public Access to Streams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page $ In the same decision, the Court explained how the public trust doctrine limits exercising other powers the State may have: Thus, the public trust is more than an affirmation of state power to use public property for public purposes. It is an affirmation of the duty of the state to protect the people's common heritage of streams, lakes, marshlands and tidelands, surrendering that right of protection only in rare cases when the abandonment of that right is consistent with the purposes of the trust. (National Audubon Society, supra, at 360-361 .) The protective effect of the public trust doctrine is illustrated by a recent decision by the Court of Appeal of the First District. (Personal Watercraft Coalition v. Board of Supervisors (CA 1 2002) 100 CaI.App. 4th 129.) There, the Court overturned a decision of a lower court that had ruled a county ordinance banning personal watercraft unconstitutional and invalid. The Court of Appeal ruled the ordinance was not a violation of the public trust doctrine, not overly vague, that the County had not exceeded statutory authority when it adopted the ordinance, that federal law did not preempt the ordinance and that the ordinance did not violate the commerce clause of the U.S. Constitution. (Id. at 143-156.) The Court of Appeal reasoned that the power of the state to regulate its navigable waters when acting within the terms of the public trust is absolute. (Id. at 145.) Hence, the public trust doctrine may serve as the basis for protective enactments at the State as well as at the local level (see below). A. Scope of doctrine. The public trust doctrine encompasses more than the traditional emphasis on commerce, navigation, and fisheries. In Personal Watercraft, supra, the Court pointed to other decisions that have held that the public trust doctrine encompasses a concern for the environment, expanding recreational uses, and aesthetic preservation. (Id. at 145.) B. Property Interests Acquired from Private Land Grants. Where California did not acquire title by virtue of its admission to the Union, the public trust doctrine does not apply. Lands that were the subject of a prior Mexican land grant and later patented by the United States in accordance with the procedure established by Congress in 1851, 9 Stat. 631, have been held not subject to the public trust doctrine. (See Summa Corp. v. California State Lands Commission, 104 S.Ct. 1751 (1984); City of Los Angeles v. Venice Peninsula Properties (CA 2 1988) 205 Cal. App. 3d 1522 (State's public trust easement only exists over lands to which State acquired title by virtue of its sovereignty upon admission to Union.) With respect to the lands around Ukiah, there are two Mexican land grants that were later patented in accordance with the procedure established in 1851 and are therefore outside the public trust doctrine. Thus, public access to streams within those lands is not protected by the State Constitution. Over 35,000 acres form the Yokayo Rancho grant made by the Mexican government through Governor Pio Pico to Cayetano Juarez in 1845, and patented to him by the General Land Office on March 8, 1867. (The People of the State of California v. S. C. Hastings, John Currey, and the Tract of Land in Mendocino County, California, Known as the Rancho Yokaya (1868) 34 Cal. 571' Howard v. Howard et al. (CA 1 1924) 67 Cai. App. 56.)4 Another grant of 35,552 acres, Rancho Sanel, was patented to Don Fernando Feliz on December 18, 1860. The People of the State of California, supra; GRANTS OF LAND IN MENDOCINO COUNTY MADE BY 4The Yokayo Rancho lands are displayed on a map in the County Assessor's Office entitled Yokayo Rancho (Redrawn from the original map made in 1886 (sic) to 1870 by Charles T. Healey, for the Mendocino County Department of Public Works August 1971). S:\U'LMemosO~'~ublic Access to Stremns.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 6 SPANISH OR MEXICAN AUTHORITIES, chart showing "Rancho Grants in California-Mendocino County", by Chris Perez, Boundary Determination Officer, State Lands Commission, Boundary Investigation Unit, August 23, 1982. The Sanel Rancho lands are displayed on maps in the County Assessor's Offices With the exception of the Mexican land grants~, the State Constitution protects public access for public purposes to navigable waters. (See Attachment #2 and footnote 5) C. Residential subdivisions· The Legislature has enacted legislation that requires local agencies that approve plans for subdivisions to preserve access to certain streams. Gov. Code § § 66478.1- 66478.14. Enacted in 1974, the statute addresses the need to increase access to public natural resources, stating that "... it is essential to the health and well-being of all citizens of this state that public access to public natural resources be increased." (Gov. Code § 66478.3.) Under this statute, local agencies are prohibited from approving: ·.. either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway river or stream which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. (Gov. Code § 66478.4.) Under the subdivision statute, "public waterway river or stream" is defined by reference to other statutes: (1) Sections 100-106 of the Harbors and Navigation Code (lists portions of certain rivers as 'navigable waterways.') (see attachment for listed rivers); (2) any stream declared to be a public highway for fishing pursuant to Sections 25660 through 25662 of the Government Code (provides that the Board of Supervisors may by ordinance declare any portion of a slough, river, or stream to be open for fishing if the portion lies outside cultivated land, is stocked with fish and "has not been declared by law to be navigable and in fact is not navigable for commercial purposes[;]" (Gov. Code § 25660); (3) the rivers listed in Section 1505 of the Fish and Game Code as spawning areas (does not include the Russian River)7; and ~ There are 5 maps (the first shows only the boundaries while the other 4 display the lands in relation to the Public Land Survey) (1) Map of Rancho de Sanel As Surveyed Rice & Baltzell, August 1889; (2) Map of Township (T) 14 North (N), Range (R)11 WEST (W), MOUNT DIABLO MERIDIAN (MDM); (3) Map of Township T 14 N, R 12 W MDM; (4) Map of Township T 13 N, R 11 W MDM; (5) Map of Township T 13 N, R 12 W MDM; from surveys conducted between 1873 and 1889. 6 Attachment No. 2 shows the outline of the Yokayo and Sanel Grants. The Grant boundaries are outlined by lines and double dots. The Sanel Grant is a rectangle having a southern boundary below Hopland. The Yokayo Grant begins at the northern boundary of the Sanel Grant and continues north above Redwood Valley. The eastern boundary of the Yokayo Grant borders on Lake Mendocino and the western boundary within 1-1/2 miles of the railroad. 7 The Sacramento River between Keswick and Squaw Hill Bridge, near Vina; The Feather River between Oroville and the mouth of Honcut Creek; The Yuba River between Englebright Dam and a point approximately four miles east of Marysville; The American River between Nimbus Dam and a point one mile downstream from Arden Way; The Mokelumne River between Pardee Dam and Lockeford.; The Stanislaus River between Goodwin Dam and Riverbank; The Tuolumne River between La Grange Dam and the Geer Road (J14) Bridge; The Merced River between Crocker Huffman Dam and Cressey; The S:\ULMemos03~ublic Access to Stremns.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 7 (4) "all waterways, rivers and streams downstream from any state or federal salmon or steelhead fish hatcheries." (Gov. Code§ 66478.4(c).) Thus, the scope of the subdivision statute is tailored to protect access to fishing but not access for other recreational purposes, unless those purposes coincide with fishing as set out in the Government Code.8 III. Permissible Riqhts-of-Way. Access to navigable waters may arise through public dedication or easements for rights-of-way, as explained below. The presence of navigable waters on private property does not, by itself, afford a public right of access. Absent the establishment of a permissible right-of-way, such access is trespass. As the Court in Bolsa Land Company v. Burdick 1907) 151 Cal. 254, 260, stated: As defendants, therefore, had no right of entry upon the lands of plaintiffs by the route which they took, and as this is the only method of approach to the so-called navigable waters to which they assert any right, it necessarily follows, aside from the question of the navigability of the waters of the inclosed Bolsas Bay, that defendants were trespassers. Whether or not Bolsas Bay ever was, or, if it ever was, whether it is now, part of the navigable waters of the state, defendants certainly have no right to invade private property to gain access thereto. A. Public Dedications. Where the public uses a road or other path to access navigable waters and that road or path lies within privately owned property a "public dedication" may arise that prevents a property owner from denying the public access. In Humboldt County, the Court of Appeal for the First District, held in 1992 that the public had a right to use the Van Duzen River and a road leading to it where it was shown: Trinity River between Lewiston Dam and the confluence of the North Fork Trinity, near Helena; The Eel River, from Fort Seward to Lake Pillsbury; The South Fork Eel River; The Middle Fork Smith River, from its mouth to Knopti Creek; The South Fork Smith River, from its mouth to Harrington Creek; The Salmon River, from its mouth to Rush Creek on the South Fork Salmon River, to Carter Meadow on the east fork of the South Fork Salmon River, and to Finley Camp on the North Fork Salmon River; Battle Creek, from its mouth to Coleman Powerhouse; The Cosumnes River, from Meiss Road Bridge to Latrobe Road Bridge; The Van Duzen River, from Yager Creek to the falls 11/2 miles above Bloody Run Creek; The Mad River, from Blue Lake Bridge to Bug Creek; The Middle Fork Eel River; The Mattole River; The Noyo River; The Big River, Mendocino County; The Gualala River; The Garcia River, Mendocino County. (Fish & Game Code § 1505.) 8 Gov. Code § 66480 requires acquisition of any areas reserved in a subdivision "within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area..." Thus, the subdivision statute contemplates payment for the access (rather than a prescriptive easement or other interest held by the public without payment), by "the public agency for whose benefit an area has been reserved .... "Id. Requiring payment is consistent with the holding by the U.S. Supreme Court in Nollan v. California Coastal Commission (1978) 483 U.S. 828, in which the Supreme Court held that the Coastal Commission could not, without paying compensation, condition grant of permission to rebuild a house on the property owners' transfer to the public of an easement across beachfront property. S:\ULMemos03~blic Access to S~eams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 8 ·.. that the persons used the property believing the public had a right to such use. This public use may not be 'adverse' to the interests of the owner in the sense that the word is used in adverse possession cases. If a trial court finds that the public has used land without objection or interference for more than five years, it need not make a separate finding of 'adversity' to support a decision of implied dedication. (Bess v. County of Humboldt, supra, 3 CaI.App. 4th at 1547.) The Court went on to say that seasonal use only would not disqualify an otherwise qualified public dedication. "The thing of significance is that whoever wanted to use [the land] did so... when they wished to do so without asking permission and without protest from the land owners? (Id. at 403.) B. Easements. In Friends of the Trails v. Blasius (CA 3 2000) 78 CaI.App.4th 810, the Court discussed types of easements that may arise, furnishing access to streams. In that case, an advocacy group brought claims for declaratory judgment and quiet title against an irrigation district and servient estate owner to establish a public easement for a recreational trail on the berm portion of an irrigation ditch. The Court reasoned that a common law dedication may be express or implied as explained below. 1. Express dedication. An express dedication arises where the owner executes a deed. (Id. at 199.) Thus a deed that dedicates a road for public use would clearly preserve a right of access. 2. Dedication implied in fact. A dedication implied in fact arises "... when the period of public use is less than [five years] and the acts or omissions of the owner afford an implication of actual consent or acquiescence to dedication." (Id.) 3. Dedication implied by law. A dedication is implied by law when the public use is adverse and exceeds five years, e.g.,. "... where the claim of the public rests upon long-continued adverse use, that use establishes against the owner the conclusive presumption of consent, and so of dedication. It affords the conclusive and undisputable presumption of knowledge and acquiescence, while at the same time it negatives the idea of a mere license." Union Transp. Co. v. Sacramento County, 42 Cal. 2d 235, 241 (1954). The Blasius Court, citing Gion v. City of Santa Cruz (1970) 2 Cal.3d 29, went on to identify three questions with respect to proof of dedication implied by law (by adverse use): (1) When is the public use deemed to be adverse? The Gion Court answered as follows: 9 Rights of the public in a dedicated road for public access continue in the event of a change of course in the river. The law of accretion applies to the publicly dedicated (owned) property as well as to the private landowners whose land abuts a river. Bess, supra, at 403. Also, by statute: Where, from natural causes, land forms by imperceptible degrees upon the bank of a river or stream, navigable or not navigable, either by accumulation of material or by the recession of the stream, such land belongs to the owner of the bank, subject to any existing right of way over the bank. (Civ. Code § 1014.) S:\Lr~emos03~ublic Access to Streams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 9 What must be shown is that persons used the property believing the public had a right to such use. This public use may not be 'adverse' to the interests of the owner in the sense that the word is used in adverse possession cases. If a trial court finds that the public has used land without objection or interference for more than five years, it need not make a separate finding of 'adversity' to support a decision of implied dedication. Blasius, supra, at 199, quoting Gion, supra. (2) Must a litigant representing the public prove that the owner did not grant a license to the public? Quoting Gion, supra, the Blasius Court said, [f]or a fee owner to negate a finding of intent to dedicate based on uninterrupted public use for more than five years,...he must either affirmatively prove that he has granted the public a license to use his property or demonstrate that he has made a bona fide attempt to prevent public use. (Id. at 200. See below for statutes that allow owners to prohibit use of their property for access to navigable water.) (3) With respect to the third question, whether there is a difference between the dedication of shoreline property (at issue in Gion) and other property, the Blasius Court answered "no." (Id.) Thus, where the public uses a road or path believing that it has a right to do so for public purposes and the owner has not interfered with that use or attempted to prevent such use, there may arise a dedication implied in law for purposes of access to the navigable waters of the State. The law, however, changed in 1971, with the enactment of two statutes. IV. Limitations on Riqht of Access. As the Blasius court explained at 201: "[T]he enactment of [Civil Code Sections 813 and 1009], in large part, abrogate the holding in Gion." Section 813 changed the law with respect to public dedication. After 1971, a private owner may post a sign under that section of the Code. l° The correct posting of the sign t0 The holder of record title to land may record in the office of the recorder of any county in which any part of the land is situated, a description of said land and a notice reading substantially as follows: 'q'he right of the public or any person to make any use whatsoever of the above described land or any portion thereof (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is by permission, and subject to control, of owner: Section 813, Civil Code." The recorded notice is conclusive evidence that subsequent use of the land during the time such notice is in effect by the public or any user for any purpose (other than any use expressly allowed by a written or recorded map, agreement, deed or dedication) is permissive and with consent in any judicial proceeding involving the issue as to whether all or any portion of such land has been dedicated to public use or whether any user has a prescriptive right in such land or any portion thereof. The notice may be revoked by the holder of record title by recording a notice of revocation in the office of the recorder wherein the notice is recorded. After recording a notice pursuant to this section, and prior to any revocation thereof, the owner shall not prevent any public use appropriate thereto by physical obstruction, notice or otherwise. In the event of use by other than the general public, any such notices, to be effective, shall also be served by registered mail on the user. The recording of a notice pursuant to this section shall not be deemed to S:\lAMemos03~ublic Access to Strea~ns.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 10 establishes that access is controlled by that section which requires permission of the owner. Similarly, Civil Code Section 1008~ provides that no use by any person may ripen into an easement by prescription if the owner posts the property. Both sections, however, only apply prospectively and cannot affect any rights which vested before 1971. ~2 V. Local Aaency Re,clulation. A. Limitations on police power. Where local agencies have enacted regulations that affect access to the public waterways, courts have held that this use of the police power is constrained where an ordinance would infringe on a constitutional right, e.g., the right of access to navigable waters of the state. In Younger v. County of El Dorado (CA 3 1979) 96 CaI.App. 3d 403, the Court held that El Dorado County could not ban all rafting and boating on a section of a navigable river. The Court held, "[h]owever laudable its purpose, the exercise of police power may not extend to total prohibition of activity not otherwise unlawful." Explaining its holding, the Court said, [t]he public has a right to use [the] river; it has no right to pollute the river. Reasonable regulation is in order; use prohibition is not. The problems of pollution and sanitation in our increasingly crowded state are difficult and complex, calling for imaginative and sophisticated solutions. But total prohibition of access is an impermissible solution. B. Dele,qation by Le.qislature. Where the State has delegated responsibility under the public trust doctrine to a local agency, the State's power under that doctrine also may be employed as a basis for regulation. In Grafv. San Diego (CA 4 1992) 7 CaI. App. 4th 1224, 1230, the Court first stated that the State Lands Commission has jurisdiction over ungranted and submerged lands within the State. The court then went on to describe the scope of the State's powers under the public trust doctrine: ·.. to control, regulate and utilize the navigable waterways within the terms of the [public] trust is absolute except as limited by the supervisory powers of the federal government. As a trustee, the state may delegate its authority to a local agency· (Id.) affect rights vested at the time of recording. The permission for public use of real property provided for in such a recorded notice may be conditioned upon reasonable restrictions on the time, place, and manner of such public use, and no use in violation of such restrictions shall be considered public use for purposes of a finding of implied dedication. (Civ. Code § 813.) tt No use by any person or persons, no matter how long continued, of any land, shall ever ripen into an easement by prescription, if the owner of such property posts at each entrance to the property or at intervals of not more than 200 feet along the boundary a sign reading substantially as follows: "Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code." ]z Section 3 of Stats. 1971 provides that neither act may not be construed to diminish any public rights of access vested as of the effective date of the statute. West's Ann. Ca. Civ. Code§ 1009, Historical Note; West's Ann. Ca. Civ. Code§ 813. S:\U~Vlemos03~Public Access to Streams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 11 At issue in Graf was an ordinance enacted by the San Diego Port District that controlled mooring of private vessels. Authority to enact the ordinance was granted by the Legislature when it enacted the San Diego (Unified Port District Act. Stats. 1962, l~t Ex. Sess., c.67, p.362 et seq., Harb. & Nav. Code App. 1.) Plaintiff Graf challenged the ordinance on the grounds that the Port District lacked jurisdiction over the port and that the ordinance was outside the scope of its delegated authority. Upholding the regulation, the Court stated that the District held delegated power to subject individuals to reasonable regulation and that the power of the court to review an exercise of police power is limited to determining whether the regulation is reasonably related to promoting public health, safety, comfort and welfare and whether the means adopted are reasonably appropriate to that purpose. Here, the Court upheld the ordinance on the grounds that it did not prohibit use of the bay, it merely restricted mooring and anchorage to certain areas, and the public retained access for all permissive purposes. ( Id. at 1232) Thus, as the Graf Court held, a local agency may be delegated authority under the public trust doctrine to enact reasonable regulation with respect to navigable waterways, providing that in doing so it does not deny all otherwise permissive uses of those waterways. VI. Liability of Landowners Whose Land is Used for Recreation. By statute, the State of California protects landowners from liability when the public uses private land for recreational use. Furthermore, granting permission (as opposed to issuing a specific invitation) for recreational use does not impose liability that would otherwise attach. The statute provides as follows: An owner of any estate or any other interest in real property, whether possessory or nonpossessory, owes no duty of care to keep the premises safe for entry or use by others for any recreational purpose or to give any warning of hazardous conditions, uses of, structures, or activities on such premises to persons entering for such purpose, except as provided in this section. A "recreational purpose," as used in this section, includes such activities as fishing, hunting, camping, water sports, hiking, spelunking, sport parachuting, riding, including animal riding, snowmobiling, and all other types of vehicular riding, rock collecting, sightseeing, picnicking, nature study, nature contacting, recreational gardening, gleaning, hang gliding, winter sports, and viewing or enjoying historical, archaeological, scenic, natural, or scientific sites. An owner of any estate or any other interest in real property, whether possessory or nonpossessory, who gives permission to another for entry or use for the above purpose upon the premises does not thereby (a) extend any assurance that the premises are safe for such purpose, or (b) constitute the person to whom permission has been granted the legal status of an invitee or licensee to whom a duty of care is owed, or (c) assume responsibility for or incur liability for any injury to person or property caused by any act of such person to whom permission has been granted except as provided in this section. This section does not limit the liability which otherwise exists (a) for willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity; or (b) for injury suffered in any case where permission to enter for the above purpose was granted for a consideration other than the consideration, if any, paid to said S:\ULMemos03kPublic Access to Stteams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 12 landowner by the state, or where consideration has been received from others for the same purpose; or (c) to any persons who are expressly invited rather than merely permitted to come upon the premises by the landowner. Nothing in this section creates a duty of care or ground of liability for injury to person or property. (Civ. Code§ 846.) Thus, for the uses enumerated in the Civil Code, and except for "maliciously" failing to warn against dangerous conditions, private landowners are not subject to liability that would otherwise attach to an invitation to use that property. S:\LRMemos03~Sublic Access to Streams.wpd April 29, 2003 ATTACHMENT1 (RIVERS LISTED IN HARBOR AND NAVIGATION CODE AS NAVIGABLE) Albion River, to a point three miles from its mouth. Alviso Slough, sometimes called Steamboat Slough, lying between the bay of San Francisco and the place where it was crossed by the tracks of the Southern Pacific Railroad Company on June 10, 1913. Big River, to a point three miles from its mouth. Channel Street, in the city of San Francisco, from the bay to the northeasterly line of Seventh Street, the width thereof to be one hundred forty feet. Clear Lake, in Lake County; but this declaration shall not interfere with any rights of owners and claimants to reclaim swamp or overflowed land around the margin of Clear Lake. Corte Madera Creek, in Marin County, from its mouth to a point as far as tidewater flows. Coyote River between the bay of San Francisco and the place where it was crossed by the tracks of the Southern Pacific Railroad Company on June 10, 1913. Harb. & Nav. Code § 101. Deer Creek, between its mouth and the house of Peter Lassen. Devil's Slough, lying within the corporate limits of the city of San Jose, or of the town of Sunnyvale in Santa Clara County, and extending to San Francisco Bay. Diablo Creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Contra Costa County. Feather River, between its mouth and a point fifty feet below the first bridge crossing Feather River above the mouth of the Yuba River. Galinas, or Guyanas Slough or creek, in Marin County, from its mouth to the line of the Sonoma and Marin Railroad as it existed on March 18, 1907. Guadalupe Slough, which is the outlet or mouth of the Guadalupe River, and lies between San Francisco Bay and its junction with Alviso Slough. Harb. & Nav. Code § 102. Johnson's Creek, from its mouth at San Francisco Bay to Simpson's Landing. Keys Creek, also known as the Arroyo de San Antonio, in Marin County, from its mouth at Tomales Bay to the warehouses on the point at Keys embarcadero. Klamath River, from its mouth in Del Norte County to its confluence with the Shasta River in the county of Siskiyou; but this shall not abrogate or infringe upon mining rights or the rights of locating or operating mining claims on the Klamath River, existing on August 21, 1933, otherwise than by being made subject to the public rights of way herein declared. Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven. Mission Creek, in the county of San Francisco. Mokelumne River, between its mouth and the first falls. Moro Cojo Slough, in Monterey County, from Salinas River to tidewater. Harb. &Nav. Code § 103. Napa River, between its mouth and a point sixty feet below the westerly line of Lawrence Street in the city of Napa; First Napa Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County, between Napa and Sonoma rivers. Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks. Newport Bay, in the county of Orange, and all its arms, and the sloughs connecting with the bay in which the tide ebbs and flows, including "The Rialto" and 'q'he Rivo Alto" as shown upon a map of Canal Section, Newport Beach, recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California. Novato Creek, or estuary, in Marin County, from its mouth to Sweetzer's Landing. Noyo River, to a point three miles S:\ULMemos03~)ublic Access to S~eams.wpd April 29, 2003 from its mouth. Petaluma River, from its mouth to the southerly line of Washington Street, in the city of Petaluma. Harb. & Nav. Code § 104. The Fish and Game Code includes: Sacramento River, between its mouth and a point 100 feet below Reid's Ferry, in Shasta County. Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey County, from its mouth to a point as far up as tidewater flows. San Joaquin River, between its mouth and Sycamore Point. San Leandro Bay, in the County of Alameda, the waters included in the estuary of San Antonio and the tidal canal connecting it with San Leandro; and the airport channel extending from the bay. San Rafael Creek, in Marin County, from its mouth to a point as far as tidewater flows therein. Sonoma River, between its mouth and a point opposite Fowler's hotel in the town of San Luis. Stockton Slough, between its mouth and a line 160 feet west of the east line of Center Street extended in Stockton. Suisun River, between its mouth and the Town of Suisun embarcadero. Tuolumne River, between its mouth and Dickinson's Ferry. Yuba River, between its mouth and a point at the mouth of the slough at the foot of F Street, in the City of Marysville. Harb. & Nav. Code § 105. The north branch of Alameda Creek, from its mouth to Eden Landing. The streams and sloughs emptying into Eel River. The streams and sloughs south of Eureka, in Humboldt County, which prior to January 2, 1873, were used for the purpose of floating logs or timber. The sloughs south of Humboldt Point, in Humboldt County, which at high water mark have a depth of two feet of water, and which are wide enough to float and admit a boat carrying five tons or more of freight. That part of a slough which lies between Simonds Canal in the town of Alviso and the bay of San Francisco. That certain creek running through the tideland survey numbered 68, and swamp and overflowed land survey numbered 145, from its mouth to the head of the tidewater therein. Harb. & Nav. Code § 106. S:\LNMemos03~ublic Access to Slrea~ns.wpd April 29, 2003 ATTACHMENT 2 Z, <'.~' S:\l-5Memos03~lic Access to Streams.wpd April 29, 2003 Memorandum to The Honorable Mayor and City Council Members Subject: The Legal Basis of Public Access to Streams Date: April 28, 2003 Page 16 S:\LrLMemos03kPublic Access to Slremns.wpd April 29, 2003 AGENDA ITEM NO: MEETING DATE: 9c May 7, 2003 SUMMARY REPORT SUB3ECT: CONTINUED DISCUSSION OF THE PATRIOT ACT AND CONSIDERATION OF INTRODUCTION OF ORDI~NANCE REGARDING EMPLOYEE COMPLIANCE UNDER THE PATI~OT ACT--COUNCILMEMBER ANDERSEN At the April 2 City Council meeting, the Council approved a resolution supporting the Bill of Rights and addressing concern regarding the Patriot Act. Councilmember Andersen has requested that the item be re-agendized to include additional information from staff regarding the relationships between the Police Department and Federal agencies such as the Federal Bureau of Investigation (FBI), as well as any types of mutual aid agreements between the Police Department and local, State, and Federal agencies. In addition, Councilmember Andersen has asked that the City Council consider an ordinance recently adopted by the Arcata City Council regarding city employee cooperation under the Patriot Act. Police Department Relationships (Chief Williams) In response to the Council's question, there are no Memorandums of Understanding (MOU) that exist between the Federal Government and the City. This includes federal law enforcement agencies such as the FBI, ]INS and ATF (Federal Bureau of Investigation, Immigration and Naturalization Service and Alcohol, Tobacco and Firearms). (Cont/nued on page 2) RECOMMENDED ACTION: Discuss Patriot Act and related Ordinance, and consider introduction of Ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: Requested by: Councilmember Andersen Prepared by: Candace Horsley, City Manager; Police Chief Williams Attachments: Arcata Ordinance News articles Draft City of Ukiah Ordinance Candace Horsley, ~i~ Manager ASR. PatriotAct.0$0703 In almost all cases when there is contact between federal and local enforcement agencies it is as a result of us contacting them for assistance. For instance, if we have a missing child that is believed to have been kidnapped the FBI will respond and assist in the investigation. This type of cooperation is extremely important in that our local resources are quickly expended when dealing with this type of crime. If we are investigating a crime that leads us to illegal weapons and/or explosives we may notify ATF depending on the circumstances and type of weapons. A recent example of cooperation with a federal agency is a major credit fraud case that we were investigating. Because this case quickly expanded beyond our resources to investigate we contacted the U.S. Postal Service who assisted us. They were able to continue the investigation in other areas, which led to the successful closure of the case. On the rare occasions that we are asked for assistance it is usually for such simple things like directions or a local record check for criminal history. For instance, the Treasury Department is tasked with providing security for the President of the United States. They are mandated to follow up on threats received. We may be contacted to determine a sense of validity to a threat received. The only MOUs that are in existence with our department are with local agencies. For example, we have entered into an agreement with the County Mental Health Department as to how mental health services will be coordinated with law enforcement. We have also entered into MOUs with some local non-profit organizations for coordination of services to assist them in obtaining various grants. We have some countywide policies in effect to assist officers from our agency when dealing with officers from another local enforcement agency. The best example is the County-Wide Pursuit Policy. This policy gives guidance to officers and supervisors when involved in a pursuit that crosses jurisdictional lines. All county law enforcement agencies have signed this policy so as to better coordinate and control this type of event. An;~ta QnJinance The Arcata ordinance (attached) prohibits management employees from assisting or voluntarily cooperating with investigations, interrogations, or arrest procedures with any investigators trying to carry out what the city considers provisions of the Patriot Act that violate the Bill of Rights and the Constitution. It directs those employees to tell the City Manager if this occurs, who in turn would report to the Council. The ordinance also provides defense costs for the employees if they are prosecuted. Also attached are two relevant articles, one from the Eureka Times-Standard, and another from the SF Chronicle. The City Attorney has reviewed the Arcata Ordinance and will be available for questions from the Council on this issue. A draft Ukiah ordinance and City Attorney report will be provided to Council before the meeting. ORDINANCE NO. 1339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCATA AMENDING THE ARCATA MUNICIPAL CODE TO DEFEND THE BILL OF RIGHTS AND CIVIL LIBERTIES TITLE II: ADMINISTRATION; CHAPTER 2: OFFICERS AND EMPLOYEES; ARTICLE 5: DEFENDING CIVIL RIGHTS AND LIBERTIES The City Council of the City of Arcata does ordain as follows: Section 1: Title II: Administration, Chapter 2: Officers and Employees, Article 5: Defending Civil Rights and Liberties, Sections 2190- 2194 are hereby added to the Municipal Code as follows: ARTICLE 5 - DEFENDING CIVIL RIGHTS AND LIBERTIES SEC. 2190: Purposes. The purposes of this ordinance are as follows: A. To protect the civil rights and civil liberties for all and to affirm the City's commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California Constitutions, as set forth in Resolution 023-32, A Resolution of the City Council of the City of Arcata to Defend the Bill of Rights and Civil Liberties, adopted by the Council on January 15, 2003; and B. To ensure that local law enforcement continues to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107- 296), related executive orders, regulations or future enacted laws, executive orders or regulations. SEC. 2191: No Unconstitutional Detentions or Profiling. No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, political or religious association that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. SEC. 2192: No Unconstitutional Voluntary Cooperation. No management employee of the City shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. c :/Ordinances/1339FinCC.doc SEC. 2193: Notification. Management employees of the City shall promptly notify the City Manager when, in the course of City employment, the following occurs: A management employee is contacted by another law enforcement agency and asked to cooperate or assist with an investigation, interrogation, or arrest procedure under provisions of the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulation or future enacted laws, executive orders or regulations, where such procedure is in violation of an individual's civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. Upon such notification from a management employee, or upon such contact directly, the City Manager shall promptly report to the City Council specifying the law enforcement agency seeking cooperation or assistance and the actions requested of the management employee. SEC. 2194: Defense. The City shall provide legal defense to any management employee who is criminally charged by another entity for his or her actions in compliance with this Ordinance. SEC. 2195: Severability. If any section or sections of the ordinance is or are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect. Section 2' This ordinance will take effect thirty (30) days after the date of its adoption. DATED: April 2, 2003. ATTESTED: s/ Dan Hauser City Clerk, City of Arcata APPROVED: s/ Robert J. Omelas Mayor, City of Arcata Clerk's Certification I hereby certify that the foregoing is a true and correct copy of Ordinance No. 1339, passed and adopted at a regular meeting of the City Council of the City of Arcata, Humboldt County, California, on the 2nd day of April, 2003, by the following vote: AYES: Conner, Machi, Meserve, Stewart, Omelas. NOES: None. ABSENT: None. ABSTENTIONS: None. s/ Dan Hauser City Clerk, City of Arcata c:/Ordinances/1339FinCC.doc Candace Horsle~ From: Sent: To: Subject: nobody@sfgate.com on behalf of Paul Andersen [paul@betterukiah.org] Sunday, April 13, 2003 7:04 PM Candace Horsley SF Gate: Arcata the defiant/Town ordinance penalizes officials who cooperate with Patriot Act, but law may not stand up in court This article was sent to you by someone who found it on SF Gate. The original article can be found on SFGate.com here: http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2003/O4/13/BA283270.DTL Sunday, April 13, 2003 (SF Chronicle) Arcata the defiant/Town ordinance penalizes officials who cooperate with Patriot Act, but law may not stand up in court Kevin Fagan, Chronicle Staff Writer Arcata, that tiny North Coast bastion of the robustly liberal, has quietly made itself the first city in the nation to outlaw voluntary compliance with the USA Patriot Act. Town leaders know their new law outlawing the bigger law is probably illegal. And they don't know anyone local who's had troubles because of the Patriot Act. But the very existence of the sweeping federal policy -- passed by Congress swiftly after Sept. 11, 2001, to expand powers to search, conduct surveillance and throw people in jail during terrorism probes -- so rubbed them the wrong way that they felt they had to make a stand. So about a week ago, the Arcata City Council approved an ordinance telling its management workers they cannot "officially assist or voluntarily cooperate" with any investigators trying to carry out what the city considers provisions of the Patriot Act that violate the Bill of Rights and the Constitution. Which, city leaders said, is pretty much all of the act except the heading on the governmental letterhead. "We already had a resolution condemning the Patriot Act, and that was all well and good, but we needed something with some bite in it," said David Meserve, the councilman who introduced the ordinance. "A resolution makes a recommendation, but this now actually takes on the force of law. "Call it a pre-emptive attack. Only not a violent one." The fine for breaking the new law is $57. The ordinance officially kicks in May 2. It applies only to the top nine managers of the city, telling them they have to refer any Patriot Act request to the City Council. Brian Willson, the national peace protester who lost his legs trying to block a Concord munitions train in 1987, lives in Arcata and helped draft the law. "I think a lot of people are freaking out," he said. "You can see the developing police state, and we have to start opposing it." LIBERAL BASTION Arcata has about 16,000 residents, about 5,000 of whom are students at Humboldt State University. Its biggest claims are the university, an annual race to determine the best or weirdest human-powered sculpture, and its liberal resolutions or legal actions to oppose seemingly everything from the war in Iraq to global warming. So even though few outside the city limits have so far noticed the new law, it is right in line with the city's tendency for "never a dull moment," said City Attorney Nancy Diamond. The law also seems to be right in line with most townsfolk. "I don't blame them (the council) for saying 'no,' "Susan Mattson said as she rang up customers at her Garden Gate gift shop overlooking the rustic little town square. "I don't know anyone in town who likes the Patriot Act." She said she's never seen any FBI agents probing around Arcata. "But they're certainly welcome -- if they want to buy something," she said with a chuckle. The vote on April 2 for the law in Arcata was 4 to 1, but even the lone "no" voter said his quibble was more with the tactic than the concept. "I find the act very troubling and very scary in many areas, but this is not the right venue to challenge it," said Councilman Michael Machi. "You take it through the court system." CONSIDERABLE PUBLIC INPUT Several council meetings leading up to the vote drew dozens of public speakers, and city officials recalled a stray few who thought the Arcata measure wasn't a good idea. Machi said he still feels "disappointed" the whole issue wasn't discussed more before passage. "Just remember that this is the only city in the whole United States that has done this, so I am not in the minority," he said. Resolutions condemning the Patriot Act already have passed in 83 cities from San Francisco, Oakland and Berkeley to Baltimore and Detroit, and Mill Valley joined the list just Monday. But no city had gone all the way to an ordinance, said Nancy Talanian, co-director of the Bill of Rights Defense Committee of Florence, Mass. Talanian, whose organization has been urging cities to pass anti-Patriot Act resolutions since 2001, was "delighted" that Arcata pushed the envelope. Among the main objections to the act are that it gives investigators greater authority to jail suspects, plant wiretaps, sift through e-mails and scrutinize what library books people check out. So far, there seem to be no opportunities to use Arcata's soon-to-be- enacted law, because no federal or state agents have ever tried to use the Patriot Act in Arcata. But that's not for a lack of wanting. City leaders are actually itching for a fight. "We're not going to go looking for it, but we'd welcome it," said City Manager Dan Hauser. "Maybe then this act could actually be tested in court." LAW PROBABLY ILLEGAL He admitted that the law is "probably illegal, if you accept the Patriot Act as legal" -- and that viewpoint was shared by veteran San Francisco trial attorney John Keker, who compared Arcata's ordinance to local medical marijuana laws, which have been squashed in federal court challenges. "I applaud Arcata, but the law is completely illegal," Keker said. "We used to have something called the U.S. Constitution, and supposedly we still do -- and the Constitution says the federal law is supreme in the land. So it's a nonstarter." If City Manager Hauser or anyone else is hoping to stare down some agent holding a Patriot Act subpoena, he shouldn't hold his breath, cautioned LaRae Quy, spokeswoman for the San Francisco FBI office, whose jurisdiction includes Arcata. She said there are no plans to go dashing the 279 miles up to Arcata anytime soon. And even if there were, she doubted there would be trouble. "I really don't understand what the concerns are with the act," Quy said. "What it did was primarily streamline existing laws on the books. I know some people feel their privacy rights are being violated, but I think there's some hysteria out there . . . some misunderstanding. "We still have to show probable cause for any actions we take," she said. "It's not just an agent descending and saying, 'Hey, I want to go in and see what this person is doing.' " E-mail Kevin Fagan at kfagan@sfchronicle.com. Copyright 2003 SF Chronicle Page 1 of 3 Candace Horsley From: Eureka Times-Standard by Email [paul@betterukiah.org] Sent: Friday, March 07, 2003 2:13 PM To: candace@cityofukiah.com; paul@betterukiah.org Subject: Arcata takes first step against Patriot Act This article was emailed to you at the request of: Paul Andersen - paul@betterukiah.org The sender included the following brief message: View this article View Eureka Times-Standard Arcata takes first step against Patriot Act 3ames Faulk The Time. Standard Friday, March 07, 2003 - ARCATA -- In what some are calling the city's act of civil disobedience, the City Council introduced an ordinance Wednesday that opposes the USA Patriot Act and related laws while attempting to uphold the U.S. Constitution. The law states that no city management employee will allow unlawful detentions or profiling based on race, ethnicity, national origin, political or religious affiliation, gender or sexual preference. "No city management employee shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individual's civil rights or civil liberties as specified in the Bill of Rights and the 14th Amendment of the U.S. Constitution." It directs those employees to tell the city manager, who in turn would report to the council. The first reading of the ordinance passed on a vote of 3 to 1, with Councilman Michael Machi opposed and Councilwoman Elizabeth Conner absent due to a family illness. The ordinance will likely be adopted in two weeks at the council's next meeting. The city held a town hall meeting two weeks ago where a large majority spoke in favor of the ordinance. The ratio was essentially the same Wednesday. Machi in his opposition said that while he shares many of the same concerns about the Patriot Act and similar laws, the courts are better suited to challenge their constitutionality. "It needs to go through the court system," he said. He said the city could join a challenge if and when one comes forward. The process the city is following itself challenges the process set up by the U.S. Constitution, he said, because it circumvents the balance of power established by that document. Resident Siobhan Martinez asked if the council had forgotten the thousands that died in the Sept. ll, 2001, terrorist attacks. 3/21/03 Page 2 of 3 She said the document was meant to protect citizens against that kind of terrorism. Her husband, Luis, said the council was elected and holds the public's trust to deal only with city issues. "Your job is not to express my views on politics. Your job is not to express my views on religion," he said. He said that if the city wants to do something like this, it should go to a vote, rather than be decided by the council. Resident Fred Avelar said he is in favor of the law, but that it needs to be discussed in the proper terms. "This ordinance is an act of civil disobedience by this city," he said. Councilwoman Connie Stewart said it's human nature to be afraid of difference, and that is what scares her about the government's approach to terrorism as outlined in the Patriot Act. After the bombing of the Oklahoma City federal building by Timothy McVeigh, the nation did not declare war on the Midwest, she said. "We're feeding on that fear now," she said. She said the city needs to support employees who choose to be brave and defy unconstitutional requests, by paying for their defense. A clause stating such an intent was added to the ordinance. The U.S. Constitution is not some fragile document behind glass, she said, referring to earlier comments by Luis Martinez. "It has to be argued every day," she said. "If the Patriot Act is harmless, then this ordinance does nothing anyway," Councilman Dave kleserve said. klayor Bob Ornelas said he does not trust federal officials, he does not trust George Bush, and this ordinance is a way of stating that mistrust. "I'm just doing what I think is right," he said. A letter stating a willingness to follow the law will be circulated at the next city management meeting, so that those people in a position to uphold the proposed city law can voice their intent, one way or the other, by signing or refusing to sign. "I have faith that the ... staffers we're talking about would step up to the plate," City I~lanager Dan Hauser said. Discussion at the meeting maintained that roughly :17 people could be forced to make that decision, but City Manager Dan Hauser said Thursday that the number was much lower, because the ordinance does not include mid-level management. Those who could be faced with the dilemma include only the chief of police, director of public works, director of environmental services, director of community development and the city 3/21/03 Page 3 of 3 manager. © 1999-2003 MediaNews Group, Inc. 3/21/03 AGENDA SUMMARY ITEM NO. 10a DATE: May 7, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION SUPPORTING GRANT APPLICATION FOR THE PHASE TVVO DEVELOPMENT OF RIVERSIDE PARK SUMMARY: As reported to the City Council last February, we have been advised by the California State Coastal Conservancy that additional funding may be available for the next phase of development for Riverside Park. This Agenda Item is seeking Council adoption of a Resolution supporting the grant application. The Phase Two development program for Riverside Park includes both final planning studies and actual construction activities. The proposal includes a subsurface Toxics Study, a Floodplain/Floodway Study, Soils/Geotechnical Study, NPDES Program, and a Storm Water Pollution Prevention Plan. The actual construction activities include earthwork and drainage improvements, development of the meadows, buffer plantings, wetlands, and native garden, riparian vegetation and riverside restoration, and trails construction/river access. The Phase Two Development Program is a large project that focuses on the southern portion of the park. The primary goal of the program is to complete the required technical studies, break ground, construct the trail system, establish access to the river, and complete the agricultural buffer plantings. If successful in implementing the Phase Two Development Program, the City will in a very strong position to compete for State Park Bond and other potential funding sources to complete construction of the Park. RECOMMENDATION: Adopt Resolution supporting the grant application for the Phase Two development of Riverside Park. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt the Resolution and provide direction to Staff. Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution 2. Description of the Phase Two Development Program for Riverside Park Candace Horsley, City M'~l~ager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING THE GRANT APPLICATION TO THE STATE COASTAL CONSERVANCY FOR PHASE TWO DEVELOPMENT OF RIVERSIDE PARK WHEREAS, in May of 2000, the California State Coastal Conservancy awarded a grant to the City of Ukiah for the Phase One Development of Riverside Park project; and WHEREAS, that grant was utilized for site fencing, and the preparation of rough Grading, Drainage, and Trails Plans, as well as a Landscape Plan for the western, southern, and southeastern portions of the property; and WHEREAS, there is growing community support and interest from volunteer organizations to assist in the development of the park; and WHEREAS, the City is very interested in maintaining the current community support and momentum towards developing the park; and WHEREAS, it is with great enthusiasm that the City seeks additional funding from the State Coastal Conservancy for the Phase Two Development Program for the park; and WHEREAS, the Phase Two Development Program includes a subsurface Toxics Study, a Floodplain/Floodway Study, Soils/Geotechnical Study, NPDES Program, and a Storm Water Pollution Prevention Plan. The actual construction activities include earthwork and drainage improvements, development of the meadows, buffer plantings, wetlands, and native garden, riparian vegetation and riverside restoration, and trails construction/river access. ATTACHMENT NO. 1-1 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Ukiah hereby supports the grant application to the State Coastal Conservancy for the Phase Two Development of Riverside Park. PASSED AND ADOPTED on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Eric Larson, Mayor ATTEST: Marie Ulvila, City Clerk ATTACHMENT NO. 1-2 UKIAH RIVERSIDE PARK PROPOSED PHASE 2 DEVELOPMENT The Phase Two development Program for Riverside Park has been divided into four components; 1) Earthwork, Drainage, Trail Construction and River Access Development; 2) Meadows, Agricultural Land Buffering, Wetland Development, and Native Plant Garden Development; 3) Habitat and Riparian Corridor Enhancement; and 4) Required Planning Studies. 1. Earthwork, Drainage, Trail Construction, and River Access Development: This task involves the actual site grading, trail construction, and drainage infrastructure construction. Discussions with Public Works Staff and the consultant team reveal that this work would cost approximately $345,589. 2. Meadows Development, Agricultural Land Buffering, Wetland Development, and Native Plant Garden Development: This task includes landscape irrigation, hydroseeding, grading of wetland area, wetland revegetation, shrub and tree planting, and interpretive trail signage. The estimated cost for these tasks is $193,946.00. 3. Habitat and Riparian Corridor Enhancement: This task includes the planting of riparian vegetation along the river and exotic plant removal. The estimated cost is $28,658. 4. Required Planning Studies Toxics Study: There is a need for a Toxics Study (primarily lead) around the area that was historically used as a trap shooting range. While the initial study during the development of the Concept Plan focused on a surface reconnaissance, it also concluded that a subsurface exploration should be prepared. Previous discussions with the firm that completed the surface reconnaissance reveal that a Phase 2 subsurface investigation would cost approximately $25,000.00. Floodplain/Floodway Study: Portions of the site appears to be in the Russian River floodplain and possibly in the actual floodway. A study needs to be prepared to determine if the proposed grading, site improvements, and minor structures affect the floodway, and if so, how the effects can be mitigated. Discussion with City Public Works Staff reveal that such a study would cost approximately $25,000.00. Soils and Geotechnical Investigation: Prior to grading activities, the soils on the site need to be sampled and analyzed. The estimated cost for this task is $20,000.00 Storm Water Pollution Prevention Plan: The Regional Water Quality Control Board requires Storm Water Pollution Prevention Plans to be prepared for projects disturbing more than one acre of area. Estimated Cost $8,000.00. ATTACHMENT NO. 2-1 National Pollution Discharge Elimination System (NPDES): preparation of a mandatory Erosion Control Plan for the site. $11,000. This task involves the The estimated cost is Contingencies: The Public Works Department and consulting team recommend a twenty percent (20%) contingency factor for the project. Cost: $131,438.72 Design and Engineering: The Final Grading, Drainage, and River Access Trail Construction drawings need to be prepared prior to actual construction activities. The Public Works Department and Consulting team estimate the cost to be approximately $81,819.88. TOTAL ESTIMATED COST FOR THE PHASE TWO DEVELOPMENT PROGRAM: $870,452.20 ATTACHMENT NO. 2-2 ITEM NO. 10b DATE: May 7, 2003 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF PESTICIDE USE IN CITY PARKS AND ADOPTION OF A REVISED INTEGRATED PEST MANAGEMENT POLICY Introduction In 1998 the City Council reviewed the City's use of pesticides on public property. At that time the Council was informed that over the previous 15 years the Parks Division had not only steadily reduced its use of herbicides, but also significantly restricted application methods and locations. Also, throughout all divisions, with the exception of the occasional need for ant or termite control, the City of Ukiah has eliminated the use of pesticides entirely. Council's action in 1998 provided policy guidelines to allow the continued limited use of herbicides with the direction that staff continues to investigate alternative methods of vegetation management. At the request of Councilmember Andersen staff is providing Council with an update regarding the Parks Division's on-going efforts to minimize pesticide use and how it affects parks maintenance practices. Staff is also recommending adoption of the attached revised Integrated Pest Management Policy (IPMP) that includes requirements for advance posting of areas to be sprayed and posting of re-entry restrictions. (Continued on Paqe 2) RECOMMENDED ACTION: After discussion, move to adopt attached revised IPMP. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine to proceed with program alternatives other than those recommended and remand to staff with specific direction. 2. Determine current Parks pest management practices are appropriate and do'not move to adopt IPMP. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Andersen Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Sage Sangiacomo, Community Services Supervisor 1. Draft revised Integrated Pest Management Program Candac~e I-:1'o rs~e LD/ZIP2 IPM03.Asr Manager Past and Present Parks Practices and Herbicide Use Category I materials such as Simizine, Ronstar, and Amitrol, which were widely used and often broadly applied with a boom sprayer have been eliminated from the City's spray application program. Many of these more effective but highly toxic materials are still available and widely used in surrounding agriculture and in the private sector, however, the Parks Division has made a conscious effort to eliminate the general use of Category 1 herbicides in its spray program. Applications in the parks have been limited to Roundup, a safer, Iow toxicity Category III contact herbicide. In consulting with representatives of the University of California Agricultural Extension with the County of Mendocino, it is their opinion that Roundup, when applied by qualified applicators and in conformance with the manufacturers and State Department of Agriculture's specifications, does not present a hazard to the general public. UC staff has also indicated that Roundup has been in use for more than thirty years with no evidence of residual or long term environmental impact. In addition to limiting materials, application methods have been restricted to hand held sprayers, which minimize overspray and no spray applications in parks, occur after 7:00 a.m. All Parks staff applying pesticides are required to possess a current State of California Pesticide Applicator's Certificate and each applicator is required to attend updated training each year. Applications have also been restricted to select areas with the intent of reducing labor in otherwise significantly labor intensive areas such as fencelines, along walls and buildings, and walkways which are particularly difficult and time consuming. No herbicides are applied to turf or playground areas. Herbicide Reduction Efforts Since Council's action in 1998, the Parks Division has focused on efforts to implement alternative weed control methods and continued to implement a philosophy of application on an as needed basis only. General use has been limited to safer, Iow toxicity Category III materials with non-migratory properties. For example, prior to 1998 the Parks Division had applied approximately four to five gallons of Roundup and two to three gallons of Surflan, a pre-emergent herbicide, annually. Parks has since ceased the use of Surflan entirely and has applied only limited use of Roundup in the last two years. The Parks division maintains over 50 acres of parkland, six public parking lots, Seminary Avenue median, the Public Library grounds, and two multi-field sports complexes. These facilities are maintained by a parks staff of only five full time and two part time employees. Under normal circumstances and with the exception of standard commercial turf fertilizer, approximately two to three gallons of Roundup can be anticipated for use annually. This herbicide is normally applied in January or February when growth is just beginning and park use is at a minimum. Applying the herbicide at this time of year allows for maximum vegetation eradication with a minimum amount of herbicide and illustrates another adjustment Parks has made to reduce use of chemical herbicides. Staff has investigated and utilized several alternative means of vegetation management in the parks including weed cloth, mulch, drip irrigation, and manual eradication. In some instances these methods have been very effective and have contributed to the overall reduction of herbicide use. Weed fabric and mulch, in particular has proven to be a good investment in the planter areas. Mulch without weed fabric has not been as effective and has allowed weeds to infiltrate after a short period. The drip irrigation is another example of methods staff has utilized to minimize weed intrusion. In past years Parks did not utilize drip irrigation anywhere in the parks. Currently drip is being installed as regular practice in the planter areas where mulch and fabric is used, which further reduces the need for weed eradication. In many areas such as planters, alternative methods have been very effective. Other areas such as groundcover, walkways, and turf are more difficult to maintain and more labor intensive. Groundcover is difficult as most species spread underground so weed cloth blocks the groundcover from growing as well as the weeds. Pathways, sidewalks, and other hardscape areas are particularly difficult and labor intensive as the weeds which sprout in the cracks and seams are small and difficult to dig out, making it impossible to completely remove the entire weed through manual methods. Tools are also limited in the hardscape areas as metal tools or hoes can chip the surface and damage pavers or concrete. In addition, the root of the weed remains and continues to grow, ultimately lifting, cracking, and damaging or destroying portions of the path. Weed intrusion in turf areas has not been a significant issue, with the exception of clover. When flowering, clover attracts bees which present a significant problem in the parks due to bee stings with the potential for severe injury and liability due to allergic reactions. One of the primary means of controlling weed intrusion into turf is to create a healthy thick mat of turf cover which will choke the weeds out and resist weed seed germination. This can be accomplished through a number of methods such as selection of creeping grasses, increasing soil quality through introduction of amendments and fertilizer, proper watering, and good mowing practices to regulate blade height. Staff is also investigating several new options to enhance turf care and reduce the amount of weeds and clover in the turf. One of these options is to implement a fertigation system into the parks irrigation. Fertigation introduces controlled amounts of fertilizer into the irrigation system as the turf is watered. In this manner fertilizer is more evenly applied directly to the root system strengthening the root stock. The turf mat consequently becomes thicker and stronger and more resistant to weed intrusion. Staff has also met with a company based in Point Arena to develop a proposal for an organic soil conditioning program by which turf is fertilized through the introduction of foliar nutrients including humic acids, seaweed slurries, nitrogen fixing bacteria and beneficial fungi. The introduction of these substances increases microbial activity and aerobic quality in the soil to promote turf health and reduce watering and weed intrusion. The company has agreed to do a demonstration test at Thomas Plaza. This site was chosen as the soil in the Plaza is the worst among the City's park sites and turf maintenance is the most intense. As herbicides have not been applied in any area for approximately fifteen months and in most parks for two years, staff has had an opportunity to evaluate the impact of completely eliminating herbicides in our vegetation management program. In the short period to date the impact on staff time and quality of maintenance has been significant. Manual weed abatement, which is unavoidable without the use of herbicides is time consuming, labor intensive and repetitive. This is particularly difficult in the hardscape and sidewalk areas where weeds get in the cracks and seams, and are impossible to remove. The issue of manual weed abatement was discussed at length with Parks staff and they have expressed concern regarding the use of staff time and funds, which could be utilized to provide badly needed improvements to our parks, for the manual eradication of weeds. Should the necessary additional staffing to manually remove weeds not be available, parks staff was adamant they could not meet the demands of such a program and continue to provide the high quality of maintenance the public expects of our parks. Summan/ The attached policy addresses the key issues of public noticing, application procedures, staff training, alternative means of weed and pest prevention and eradication, and continued reduction in use of chemical pesticides while providing for limited use with controls and oversight. From a maintenance perspective, pest management and the standard of quality of the parks system are inextricably intertwined, as the cost and intensity of overall maintenance will certainly be affected by any action involving vegetation and pest management. Staff has endeavored to meet the goals established by the Council's guidance in 1998 to pursue and implement a responsible vegetation management program. In order to continue improving in this area while integrating additional alternative methods of weed control, staff is recommending Council adopt the attached revised IPMP. INTEGRATED PEST MANAGEMENT POLICIES FOR THE CITY OF UKIAH Revised May 7, 2003 CITY OF UKIAH INTEGRATED PEST MANAGEMENT POLICY Purpose To provide procedural guidelines for the management of various pest species in areas maintained by the City of Ukiah Parks Department. Definition Integrated Pest Management (IPM) is a pest management strategy that focuses on long- term prevention or suppression of pest problems with minimum impact on human health, the environment and non-target organisms. These strategies require the selection, integration and implementation of various pest control techniques considering the various economic, ecological and sociological consequences. Policy Goals It is the policy goal of the City of Ukiah, that these policies and practices concerning pest management remain active and ever changing based upon pest industry standards, community input, application limitations and staff recommendations. The City of Ukiah's general goals regarding our IPM program should involve the following: a. Provide training on a regular basis regarding IPM practices and techniques for all departments engaged in pest application use. b. Reduce pesticide use when appropriate, given the limitations of organic or manual eradication procedures. c. Establish and maintain pesticide use reports and record keeping to enhance employee training, community awareness and public safety. d. Continue City department inventory to determine what pest practices are being used and how to best coordinate safety programs for our employees. Procedures The following procedures for maintenance and application of pesticides shall apply to all Departments within the City of Ukiah. a. All departments that are involved with the IPM plan should establish a record- keeping system. b. The city will be responsible for providing training to appropriate personnel on how to recognize pests and how to cope with pest infestations. C. No pest application procedures can take place unless, the city employee applying the pest measures receives prior authorization from his or her Supervisor coordinating the pest eradication program in their division or department. Any d. eo go use of chemical controls must be justified and approved in accordance with these policies and practices. When applying herbicides in a park the subject area perimeter shall also be posted 24 hours in advance and postings shall remain for 24 hours after the spray application has been completed. The use and safety requirements associated with any chemical pesticide shall be in compliance with all state and federal regulations. Pesticides shall only be applied by certified applicators who have been trained in the application process, in accordance with the manufactures MSDS. Supervisors shall be responsible for providing safety training on the application of all pesticides used by the City of Ukiah. Records of all chemical applications shall be kept by each department for a period of two years and in conformance with MSDS requirements. All records shall be made available to the public and employees on a regular basis when requested. Mechanical means of weed abatement including use of discs, weed mowers, string trimmers, hoes, and hand pulling shall be used where appropriate Cultural and Biological Activities The City of Ukiah shall seek every opportunity to control weeds and minimize use of chemical herbicides through the following cultural and biological alternative methods: a. Providing conditions conducive to healthy plant growth. b. Modification of the environment to disrupt the pest cycle such as in alteration of irrigation times, frequency, amount and adjustments to mowing heights of turf. c. Provide conditions that allow for increase in populations of beneficial organisms. d. Use of"biological" or non-chemical pesticides. e. Selection of plant materials suited to the site. f. Selection of resistant plant materials. g. Systematic removal of problem plants and replacement with appropriate plant species. Planning and Design Activities During the process of acquiring open space, or other areas for city facilities, staff will work diligently on landscape planning and design in order to limit pest habitats. Planning and design may involve: Suitable landscaping to prevent certain pests, rodents or weeds from becoming part of the environment. Design decisions and recommendations on land use shall focus on strategies that minimize pest infestations. City staff will work on plant selections and landscape configurations that provide for natural resistance to pests. In example, enhancing the use of mulching, mowing, screening and hand weeding can prevent many landscape pests. Chemical Applications Chemical weed abatement shall be conducted under the following criteria. a. Use of natural or organic pesticide alternatives (typically those which are derived from plants which have pesticidal properties). b. Use of"least-toxic" pesticides. c. Selection and use of traditional pesticides that provide acceptable control with consideration given to human health and environmental effects. Specific Areas of Use The city has a limited base stock use of pesticides given the type of pests that have been identified by staff. Currently, three departments are involved with the use of pesticides or water base component products. The departments include the following: Utilities: a. Water Plant b. Waste Water Plant c. Electric substations Public Works: a. Airport (mostly controlled by mowing) b. Right-of-Way Locations c. Parking Lots d. Corporation Yard Parks & Community Services: Todd Grove Park Observatory Carpenter Orchard Oak Manor Giorno Golf Course McGarvey Vinewood Alex Thomas Plaza Anton Stadium Civic Center Seminary Avenue Median LDc/Pest Management Policy AGENDA ITEM NO: MEETING DATE: 10c May 7, 2003 SUMMARY REPORT SUBJECT: SELECTION OF LEAGUE OF CALIFORNIA CITIES VOTING DELEGATES In preparation for the upcoming League of California Cities General Session, the City Council is required to select two voting delegates. Staff recommends that two Councilmembers fill these positions. RECOMMENDED ACTION: Select two voting delegates from the City Council to attend the upcoming General Session of the League of California Cities. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Shannon Riley, Executive Assistant Candace Horsley, City Manager None Approved Candace Horsley, Ci~anager 4:CAN/ASR.LeagueDelegates.50703 AGENDA ITEM NO: MEETING DATE: lOd May 7, 2003 SUMMARY REPORT SUB.1ECT: REVIEW AND POSSIBLE APPROVAL OF LE'i'rER FROM CITY COUNCI'L TO SENATOR DUNN REGARDING SENATE BI'LL 888-- COUNCILI~IEt-'IBER SF4ITH On February 21, 2002, Senator Joe Dunn introduced SB 888, which would repeal California's Energy Deregulation Bill. In brief, in its current form, SB 888 would: (1) restore the obligation to serve to the State's investor-owned utilities, (2) make certain actions by the ISO subject to Legislative approval, (3) create a Ratepayer Refund Account, and (4) repeal certain provisions of AB 1890, including direct access, provisions relative to the PX and publicly owned utilities. Attached is an analysis of SB 888, which describes the basic elements of this repeal. NCPA has requested that it's members send a letter to Senator Dunn endorsing this fundamental component of SB 888. Therefore, Councilmember Smith is requesting City Council's review and approval of the attached letter. RECOMMENDED ACTION: Approve draft letter to Senator Dunn regarding SB 888. ALTERNATIVE COUNCIL POLICY OPTIONS: Review draft letter and provide alternative direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Smith Candace Horsley, City Manager N/A 1. Analysis of SB 888 2. Draft letter to Senator Dunn regarding SB 888 Approved' ~.~.~"~_~--"1~-~ ,, Candace 'Horsley, ~{ty Manager 4:CAN/~.S~.50703 Senate Bill 888 · On February 21, 2002 Senator Joe Dunn Introduced SB 888. The measure stated the intent of the Legislature to repeal the provisions of AB 1890. · The measure caught peoples' attention, but wasn't given much credence until Senate President Pro-Tempore and Senate Energy Committee Chair Debra Bowen signed on as co-authors and amended specific language into the bill. A general overview (prepared by the author's office) is attached. · In brief, in its current form, SB 888 would: (1) Restore the obligation to serve to the state's investor owned utilities, (2) Make certain actions by the ISO subject to Legislative approval, (3) Create a Ratepayer Refund Account and (4) Repeal certain provisions of AB 1890 including - Direct Access, provisions relative to the PX and Publicly Owned Utilities. · With Senators Burton, Bowen and Dunn as authors, the measure is expected to pass out of the Senate. · Assembly Utilities & Commerce Committee Chair Sarah Reyes is currently proposing a measure that would preserve DA in CA - seemingly in contradiction to the policy direction of the Senate. · We have recently heard a rumor that Assembly Speaker Herb Wesson will support SB 888. · He attended the press conference on SB 888 (with Burton, Bowen and Dunn) but did not take a formal position. · We have been tracking that rumor and staff has not confirmed, but suggested that Wesson will likely support the bill. How that squares with the policy direction of his committee chair is unknown. · The governor has not taken a position on the bill. 1) 2) 3) 4) 5) 6) SB 888- Questions for Senator Dunn NCPA Commission Meeting 4/24/03 The bill leaves the existing ISO board intact- NCPA would like to see a representative stakeholder board assume this role as is the case in PJM. Would you be open to a transition in this direction? The 4/10/03 version of the bill leaves the ISO operating in largely the same manner as it does today. Do you believe that CA needs the ISO? What role do you see the ISO playing in 3, 5, 10 years? The Senate and Assembly appear to be approaching market reform from opposite ends - you propose to "re-regulate" and they are trying to keep hope alive - at least in part with Asm. Reyes' DA bi!l, ~ 816 which promotes direct access. Are your policy objectives contrary? If so, does either have a chance of succeeding? While reliability and environmental responsibility are important drivers of our local control and decision-making, customer cost and certainty are always are always at the forefront. What will this legislation do to keep ISO costs in check, and are you willing to include cost control language, perhaps along the lines of Sen. Sher's ISO audit bill, SB 520, in your measure? '~:.,. We were very much encouraged by your joint letter asking the ISO to slow down ~! its MD02 efforts. Your SB 72 also sends a very important message to the ISO .?~t regarding further investment in computer systems to implement MD02 until the policy has been subject to further review. We are concerned, however, that the ISO continues on its path, despite clear legislative direction. If SB 888 or 72 are enacted will they take effect soon enough to avoid the costly, and perhaps unnecessary, market redesig-n being proposed by the ISO and FERC? As elected officials, assuming the issues we have raised with the bill can be addressed, we are likely to support SB888 to the maximum extent possible. However, before rolling out in this direction - we need to be confident this initiative had legs and is not just a means to another end- but will be seriously advanced by the sponsors. Can you assure us of this - or comment more specifically about the way you see the process surrounding this bill advancing? BASIC ELEMENTS OF SB 888 Repeal of Electricity Deregulation Act of 2003 1) Repudiates de-regulation by repealing a number of provisions of AB 1890 2) Specifically - · Eliminates findings accepting CPUC de-regulation decisions and their philosophical underpinnings · Eliminates retail direct access · Eliminates statutory provisions supporting FERC control of retail transmission · Eliminates obsolete provisions relating to the Power Exchange, the Restructuring Trusts, and special exemptions from cost responsibility · Eliminates provisions requiring municipal utilities to consider deregulation, transmission unbundling and retail direct access Confirms the obligation of regulated utilities to serve California consumers on a cost of service basis, specifically -- Requires cost of service ratemaking and extends prohibition on sales of utility powerplants through 2010 Specifically authorizes utility investment in new transmission and generation Confirms state authority to control utility holding companies 3) Provides an over-arching regulatory framework that · Sets out steps for recovery from de-regulation · Assures that ratepayers get the benefit of refunds from generators · Assures a sound basis for investment in the grid by committing ratepayers to paying the costs of prudent investments · Assures that ratepayers receive the best efforts of utilities to provide low-cost service in remm for their commitments · Restates the policy goals of the Legislature's major enactments over the past two years, including Achieving rate reductions and other consumer protections Using energy conservation and efficiency as primary resource options Fulfilling renewable energy commitments Restoring credit-worthy utilities to invest in energy supply Instituting sound comprehensive integrated resource planning processes Assuring the state's ability to provide reliable service from transmission and generation facilities, including operation and maintenance Achieving fair employment relations and practices BILL NUMBER: SB 888 BILL TEXT AMENDED AMENDED IN SENATE APRIL 8, 2003 INTRODUCED BY Senators Dunn, Bowen, and Burton (Coauthors: Senators Alpert, Escutia, Karnette, Kuehl, Machado, Ortiz, Perata, and Romero) (Coauthors: Assembly Members Matthews and Steinberg) FEBRUARY 21, 2003 An act to amend Sections 335, 352, 364, 367, 377, 379, 392, and 9604 of, to amend and renumber Section 454.1 of, to add Sections 330.1, 330.2, 330.4, 330.6, 367.5, 393.1, 393.2, 454.10, and 761.7 to, to repeal Sections 334, 338, 341.1, 341.5, 346, 348, 350, 355, 356, 359, 360, 361, 365, 365.5, 366.5, 367.7, 370, 373, 376, 378, 389, 391, 397, 9600, 9601, 9602, 9603, and 9605 of, and to repeal and add Sections 330 and 366 of, the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST SB 888, as amended, Dunn. Public utilities: electrical restructuring. (1) The California Constitution establishes the Public Utilities Commission, with jurisdiction over all public utilities. Private corporations and persons that own, operate, control, or manage a line, plant, or system for the production, generation, transmission, or furnishing of heat, light, or power, directly or indirectly to or for the public, are public utilities subject to control by the Legislature. The Constitution grants the commission certain general powers over all public utilities, including the power to fix rates and establish rules, and authorizes the Legislature, unlimited by the other provisions of the Constitution, to confer additional authority and jurisdiction upon the commission, that is cognate and germane to the regulation of public utilities. The Public Utilities Act authorizes the commission to supervise and regulate every public utility in the state, including electrical , gas, and heat corporations, subject to provisions restructuring the electrical industry. The existing restructuring of the electrical services industry provides for the authorization of direct transactions between an electric service provider, as defined, and retail end-use customers of an electrical corporation and allows end-use customers to aggregate their loads to facilitate direct transactions. The existing restructuring of the electrical industry within the Public Utilities Act provides for the establishment of an Independent System Operator (ISO) and a Power Exchange as separately incorporated public benefit nonprofit corporations. An Electricity Oversight Board (Oversight Board) is also established to oversee the ISO and the Power Exchange in order to ensure the success of electric industry restructuring and to ensure a reliable supply of electricity in the transition to a new market structure. The ISO is required by existing law to participate in all relevant proceedings of the Federal Energy Regulatory Commission (FERC) . Pursuant to an order of the FERC, the Power Exchange has ceased to function. The Oversight Board is granted various powers including, but not limited to, requiring the revision of the bylaws of the ISO and the approval of the entry of the ISO into a multistate entity or a regional organization. Existing law requires the ISO to adopt certain inspection, maintenance, repair, and replacement standards for the transmission facilities under its control and to make a related report to the Oversight Board. Existing law authorizes the ISO and the Power Exchange to enter into a regional compact or other comparable agreement to become western states regional organizations. This bill would enact the Repeal of Electricity Deregulation Act of 2003. The bill would provide that the obligation of electrical and gas corporations to provide adequate service at just and reasonable rates, includes a duty of care, a duty of loyalty, a duty of disclosure, and a duty to use best efforts by the corporation's management, to maintain safe, healthful, and affordable basic service for end-use customers, consistent with the statutes of the state and the rules, regulations, decisions, and orders of the commission. The bill would require the commission to ensure that public utility employees and investors are afforded the means to carry out these · obligations, specifically including reasonable compensation for employees and fair sharing of risks and rewards for investors. The bill would require the commission to ensure that generation assets remain dedicated for the benefit of the electrical corporation's bundled customers, and establishes standards for the recovery of costs and return on investment. The bill would authorize the commission to require electrical corporations to make investments in electric plants that are dedicated to serve customers connected to the electrical corporation's distribution system or grid, or to contract for such investment with the California Consumer Power and Conservation Financing Authority. This bill would delete the authorization of direct transactions, including aggregation of loads and other provisions to facilitate direct transactions, between an electric service provider and retail end-use customers of an electrical corporation, on a prospective basis. The bill would require all metering of customer usage of electricity and customer billing to be performed by the electrical corporation and would prohibit residential and small commercial customers being required to take service under a time-differentiated rate without prior consent. This bill would delete those provisions establishing the Power Exchange and would make conforming changes repealing those provisions granting powers to the Oversight Board relative to the Power Exchange. The bill would delete provisions relative to the ISO participation in FERC activities. The bill would require the Legislature to approve the entry of the ISO into a multistate or regional transmission organization, and would repeal that provision regarding the adoption of standards for transmission facilities by the ISO. The bill would require the commission to periodically review and update inspection, maintenance, repair, and replacement standards for the distribution and transmission systems of investor-owned electric utilities. The bill would repeal the regional compact provision. The bill would make other conforming changes. Because any violation of the Public Utilities Act is a crime, the bill would impose a state-mandated local program by changing the definition of a crime. This bill would establish a Ratepayer Refund Account for each electrical corporation, into which would be paid any funds recovered by electrical corporations resulting from litigation or agreement relativ~ to the charging of excessive costs for wholesale electricity by electrical generators. Ail funds would be held in trust on behalf of ratepayers. (2) The existing Public Utilities Act, prohibits any person or corporation from acquiring or controlling, directly or indirectly, any public utility organized and doing business in this state, including electrical corporations and gas corporations, without first securing authorization to do so from the commission. Existing law requires the commission, before authorizing the acquisition or control of an electric, gas, or telephone utility having revenues in excess of a specified amount, to consider, among other things, that the proposal provides short-term and long-term economic benefits to ratepayers, and equitably allocates the short-term and long- term forecasted economic benefits of the proposed merger, acquisition, or control, as determined by the commission, between shareholders and ratepayers, where the commission has ratemaking authority. Pursuant to the act, the commission has authorized the formation of holding companies holding a controlling interest in certain electrical corporations and gas corporations. The commission has conditioned authorization upon the capital requirements of the electrical corporation or gas corporation being given first priority by the board of directors of the parent holding company, as determined by the commission as being necessary to meet the obligation to serve the electrical corporation or gas corporation. This bill would provide that a holding company as defined, or other entity that owns, controls, operates, or manages a public utility, is subject to the continuing jurisdiction and power of the commission for the limited purpose of monitoring and enforcing conditions in certain decisions of the commission authorizing the formation of holding companies. Because a violation of the Public Utilities Act or an order of the commission is a crime under existing law, the bill would impose a state-mandated local program by creating a new crime. (3) This bill would delete provisions relative to the restructuring of electrical service provided by publicly owned electrical utilities. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes State-mandated local program: yes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 330 of the Public Utilities Code is repealed. SEC. 2. Section 330 is added to the Public Utilities Code, to read: 330. The act adding this section shall be known and cited as the Repeal of Electricity Deregulation Act of 2003. SEC. 3. Section 330.1 is added to the Public Utilities Code, to read: 330.1. The Legislature finds and declares all of the following: (a) Electricity is a unique good in modern society, not a simple commodity. Access to safe, reliable and affordable electrical service is indispensable to the health, comfort, and well-being of every person and business, and should be regarded as a right. (b) Unlike commodities, electricity must be manufactured at the same instant it is consumed, it cannot be effectively stored, and adequate generating and transmission capacity must be available at all times to meet any level of demand at any location. Shortages, even for only a few minutes, cause blackouts. This combination of circumstances creates unparalleled opportunities for discrimination and market manipulation. (c) Reliable electrical service is of utmost importance to the safety, health, and welfare of the state's citizenry and economy. It is the intent of the Legislature that regulation of the electrical industry should ensure the reliability of electrical service to end-users, including the reliability of the interconnected regional transmission systems, and provide strong coordination and enforceable protocols for all users of the electricity grid. (d) Accordingly, the electrical industry must be comprehensively regulated, by state and federal agencies for investor-owned utilities, or by customer-controlled structures for public and cooperative utilities. The people of California expect effective government and utility action to ensure reliable service at reasonable rates. (e) Electrical service in California was restructured, or deregulated, by orders of the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC), and actions of the California Independent System Operator pursuant to FERC authorization, which ordered separation of the transmission and generation elements of electrical service resulting in: (1) divestiture of powerplants that had been built and dedicated to serve California consumers at just and reasonable regulated rates; (2) the separation of wholesale and retail transmission service by the utility owners of the transmission facilities; (3) uses of the transmission grid designed to enable sellers to undermine grid reliability in the pursuit of high prices through the exercise of market power. (f) The California Legislature confirmed the CPUC orders in some respects through the enactment of Assembly Bill 1890 (Chapter 854 of the Statutes of 1996), and in so doing, codified the basic tenants of deregulation of electrical service in California. (g) As the direct result of deregulation of the electrical industry, electricity markets in California have been grossly dysfunctional for the past several years, characterized by manipulation and abuse of seller market power in wholesale electricity markets, withholding of vital energy supplies and other illegal conduct that resulted in unjust and unreasonable wholesale prices for electricity, causing elevated retail rates and repeated actual and threatened interruptions of electrical service. (h) As the direct result of the deregulation of the wholesale electrical market and the dysfunctional service arrangements, residential and business consumers have endured the single largest retail rate increase in the state's history, the state's largest electrical corporation filed for bankruptcy, a second electrical corporation was on the verge of insolvency, and reliable electrical service was repeatedly jeopardized. It will take many years for the economic effects of these calamities to be overcome. (i) During the period from May 2000 through June 2001, California was beset by actual and threatened blackouts due to supply withholding by wholesale generators and electricity traders, using both direct and indirect means to make electricity unavailable to the people of California. (j) As the direct result of deregulation of the electrical supply market, California was forced to rely entirely on unregulated private investment decisions to provide sufficient electrical generation to satisfy the demand for electricity. As a direct result of deregulation of the electrical supply market, California has experienced the boom and bust cycle in the construction of new electrical power plants that characterizes any unregulated market. The wholesale electricity generation sector, subject only to ineffective or nonexistant regulation by FERC, is now failing to invest in new generation needed by California. (k) As the direct result of deregulation of the electrical utility industry, California's traditional commitments to renewable energy sources and investments in improved energy efficiency were weakened. In order to fulfill the mandates of Senate Bill 1078 (Chapter 516 of the Statutes of 2002), which is necessary to protect California's environment, public utilities must be able to implement the California Renewables Portfolio Standard Program. (1) California electricity consumers will inevitably provide the ultimate credit support for any new investment in facilities for the provision of electrical service in the future either through rate-based utility investments or through long-term contracts with other suppliers. Protecting the interests of consumers by ensuring that investment is prudent and cost effective should be the highest priority of California regulatory policy and action. (m) It is in the state's interest to have functional creditworthy public utilities providing essential electrical service to California consumers at just and reasonable rates and to limit the exposure of California consumers to dysfunctional deregulated wholesale electricity markets. (n) Fully empowering public utilities and state entities and agencies, including the CPUC, the California Consumer Power and Conservation Financing Authority, the Independent System Operator, and the Department of Water Resources to mitigate the exercise of market power by sellers of electricity, reduce prices for electricity, and restore electrical grid reliability, is in the public interest. To the extent that unbundling the elements of electrical service, including transmission of electricity provided to retail consumers, weakens the ability of California to protect its people, such unbundling should be reconsidered and reversed. (o) Direct transactions, popularly termed direct access, as a means for obtaining retail electrical service, has resulted in massive subsidies of some retail customers by others. Direct access has resulted in increased costs for bundled service customers of electrical corporations, while failing to provide justifiable reduced costs for direct access customers. Direct access undermines the ability of public utilities to plan and invest to meet their obligation to serve, by making uncertain the amount of customer demand that must be met. Direct access is a part of electrical industry deregulation that should end as soon as existing direct transaction contracts expire. (p) The expectations and assumption that deregulation of the electrical utility industry would provide consumer benefits, enhanced reliability, lower rates and technological innovation, have proven illusory. Instead, consumers have been and will be forced to pay for massive costs incurred as a result of deregulation, and have suffered from unprecedented degradation in the reliability of electricity supply. Public utilities have been forced to near financial ruin or to seek bankruptcy protection. Certain merchant generators and marketers are in severe financial distress. (q) It is in the public interest to repudiate the failed policies of electrical utility deregulation, and to assure the people of California that electrical service will be reliable and affordable in the future through effective regulation. SEC. 4. Section 330.2 is added to the Public Utilities Code, to read: 330.2. It is the intent of the Legislature to achieve effective regulation of California's public utilities and to pursue the following policy goals: (a) Restore and affirm the public utility's obligation to serve all of its customers. (b) Eliminate opportunities for market manipulation by stopping electric plant divestiture and authorizing cost-of-service construction of new electric plants and public utility wholesale electricity procurement, while providing a fair opportunity for reasonable returns on prudent investment. (c) Ensure electricity supply reliability and deter market manipulation by establishing and enforcing effective standards for maintenance and operation of electric plants that serve California. (d) Provide for cost-effective construction, operation and maintenance of the electrical transmission grid and distribution system in the public interest, while providing a fair opportunity for reasonable returns on prudent investment. (e) Protect consumers from slamming, cramming and fraud by requiring metering, billing, collection, and customer service to be provided by public utilities, under regulation by the CPUC. (f) Preserve and renew the skilled public utility workforce by ending employee layoffs, providing reasonable wages and working conditions, and ensuring that the public utilities have an adequately sized and trained workforce. (g) Establish a comprehensive integrated resource planning process under regulation, in order to ensure resource adequacy, including investing in cost-effective energy efficiency and conservation programs, and increasing the proportion of electricity provided from cost- effective renewable resources. (h) Simplify corporate ownership of electrical corporations by requiring transparent forms of corporate ownership of public utilities, by improving accountability for holding company requirements in state law and by seeking enforcement of the Public Utilities Holding Company Act of 1935 (Ch. 2C (commencing with Sec. 79), Title 15, U.S.C.) . (i) Provide for fair cost allocation among customers in just and reasonable rates fixed through open public processes, not discriminatory retail choice or direct access transactions. (j) Restore consumer and investor confidence in electrical corporation financial soundness and pricing fairness by making costs transparent and establishing and enforcing accounting standards. (k) Assure universal servica by assuring affordable rates and, among other measures, providing low-income discounts with effective enrollment programs. (1) Provide an open regulatory forum where all persons affected by public utility service and rates, can observe and participate in the decisionmaking process. SEC. 5. Section 330.4 is added to the Public Utilities Code, to read: 330.4. The actions of the commission pursuant to this part, as they affect electrical service, shall be consistent with the findings and declarations contained in this article. SEC. 6. Section 330.6 is added to the Public Utilities Code, to read: 330.6. (a) Electrical corporations and gas corporations that serve retail customers, because of their status as public utilities under the California Constitution, have an obligation to provide those customers with adequate service at just and reasonable rates. (b) The obligation of electrical corporations and gas corporations, to provide adequate service at just and reasonable rates, includes a duty of care, a duty of loyalty, a duty of disclosure, and a duty to use best efforts by the corporation's management, to maintain safe, healthful, and affordable basic service for end-use customers, consistent with the statutes of the state and the rules, regulations, decisions, and orders of the commission. (c) The commission, on behalf of end-use customers, shall ensure that public utility employees and investors are afforded the means to carry out this obligation to serve, specifically including reasonable compensation for employees and fair sharing of risks and rewards for investors. SEC. 7. Section 334 of the Public Utilities Code is repealed. SEC. 8. Section 335 of the Public Utilities Code is amended to read: 335. In order to ensure that the interests of the people of California are served, a five-member Electricity Oversight Board is hereby created as provided in Section 336. For purposes of this chapter, any reference to the Oversight Board shall mean the Electricity Oversight Board. Its functions shall be all of the following: (a) To oversee the Independent System Operator . (b) To serve as an appeal board for majority decisions of the Independent System Operator governing board, as they relate to matters subject to exclusive state jurisdiction, as specified in Section 339. (c) To investigate any matter related to the wholesale market for electricity to ensure that the interests of California's citizens and consumers are served, protected, and represented in relation to the availability of electrical transmission and generation and related costs, during periods of peak demand. SEC 9. Section 338 of the Public Utilities Code is repealed. SEC 10. Section 341.1 of the Public Utilities Code is repealed. SEC 11. Section 341.5 of the Public Utilities Code is repealed. SEC 12. Section 346 of the Public Utilities Code is repealed. SEC 13. Section 348 of the Public Utilities Code is repealed. SEC 14. Section 350 of the Public Utilities Code is repealed. SEC 15. Section 352 of the Public Utilities Code is amended to read: 352. The Independent System Operator may not enter into a multistate regional transmission organization unless that entry is approved by the Oversight Board and the Legislature by concurrent resolution . SEC. 16. Section 355 of the Public Utilities Code is repealed. SEC. 17. Section 356 of the Public Utilities Code is repealed. SEC. 18. Section 359 of the Public Utilities Code is repealed. SEC. 19. Section 360 of the Public Utilities Code is repealed. SEC. 20. Section 361 of the Public Utilities Code is repealed. SEC. 21. Section 364 of the Public Utilities Code is amended to read: 364. (a) The commission shall adopt and periodically review and update inspection, maintenance, repair, and replacement standards for the distribution and transmission systems of investor-owned electric utilities . The standards for each substantial type of distribution and transmission equipment or facility, shall provide for high quality, safe and reliable service. (b) In setting its standards, the commission shall consider: cost, local geography and weather, applicable codes, national electric industry practices, sound engineering judgment, and experience. The commission shall also adopt standards for operation, reliability, and safety during periods of emergency and disaster. The commission shall require each utility to report annually on its compliance with the standards. That report shall be made available to the public. (c) The commission shall conduct a review to determine whether the standards prescribed in this section have been met. If the commission finds that the standards have not been met, the commission may order appropriate sanctions, including penalties in the form of rate reductions or monetary fines. The review shall be performed after every major outage. Any money collected pursuant to this subdivision shall be used to offset funding for the California Alternative Rates for Energy Program. SEC. 22. Section 365 of the Public Utilities Code is repealed. SEC. 23. Section 365.5 of the Public Utilities Code is repealed. SEC. 24. Section 366 of the Public Utilities Code is repealed. SEC. 25. Section 366 is added to the Public Utilities Code, to read: 366. (a) It is the intention of the legislature to terminate direct transactions. (b) Each customer within the geographical distribution area of an electrical corporation, that purchases electricity at retail, shall be served by the electrical corporation or its successor in interest, except as provided in Sections 366.1 and 366.2. (c) If a customer was served by an electric service provider on April 1, 2003, the customer shall continue to be served by that electric service provider until the expiration of the customer's current contract, without extension. Thereafter, the customer shall be served by the electrical corporation that provides distribution service. (d) A customer that elects to continue purchasing electricity from an electric service provider pursuant to subdivision c), shall supply the commission with a confidential copy of its current direct transaction contract. (e) Any customer that the commission has determined in Decision 02- 11-022, is responsible to pay a cost recovery surcharge as a condition for purchasing electricity pursuant to a direct transaction, shall continue to pay the cost recovery surcharge until full collection is achieved. (f) The commission shall report to the Legislature by July 1, 2004, all of the following: (1) Each customer electing to continue purchasing electricity from an electric service provider pursuant to subdivision (c), identified numerically. (2) The electrical load serviced under each direct transaction contract. (3) The expiration date of each direct transaction contract. (g) The commission shall, within 30 days after the expiration of all direct transaction contracts, report to the Legislature confirming that direct transactions have terminated. SEC. 26. Section 366.5 of the Public Utilities Code is repealed. SEC. 27. Section 367 of the Public Utilities Code is amended to read: 367. The commission shall identify and determine those costS and categories of costs for generation-related assets and obligations, consisting of generation facilities, generation-related regulatory assets, nuclear settlements, and power purchase contracts, including, but not limited to, restructurings, renegotiations or terminations thereof approved by the commission, that were being collected in commission-approved rates on December 20, 1995, and that may become uneconomic as a result of a competitive generation market, in that these costs may not be recoverable in market prices in a competitive market, and appropriate costs incurred after December 20, 1995, for capital additions to generating facilities existing as of December 20, 1995, that the commission determines are reasonable and should be recovered, provided that these additions are necessary to maintain the facilities through December 31, 2001. These uneconomic costs shall include transition costs as defined in subdivision (f) of Section 840, and shall be recovered from all customers or in the case of fixed transition amounts, from the customers specified in subdivision (a) of Section 841, on a nonbypassable basis and shall: (a) Be amortized over a reasonable time period, including collection on an accelerated basis, consistent with not increasing rates for any rate schedule, contract, or tariff option above the levels in effect on June 10, 1996, provided that, the recovery shall not extend beyond December 31, 2001, except as follows: (1) Costs associated with employee-related transition costs as set forth in subdivision (b) of Section 375 shall continue until fully collected; provided, however, that the cost collection shall not extend beyond December 31, 2006. (2) Power purchase contract obligations shall continue for the duration of the contract. Costs associated with any buy-out, buy-down, or renegotiation of the contracts shall continue to be collected for the duration of any agreement governing the buy-out, buy-down, or renegotiated contract; provided, however, no power purchase contract shall be extended as a result of the buy-out, buy-down, or renegotiation. (3) Nuclear incremental cost incentive plans for the San Onofre nuclear generating station shall continue for the full term as authorized by the commission in Decision 96-01-011 and Decision 96- 04-059; provided that the recovery shall not extend beyond December 31 2003. ' (4) Fixed transition amounts, as defined in subdivision (d) of Section 840, may be recovered from the customers specified in subdivision (a) of Section 841 until all rate reduction bonds associated with the fixed transition amounts have been paid in full by the financing entity. (b) (1) There shall be a firewall segregating the recovery of the costs of competition transition charge exemptions such that the costs of competition transition charge exemptions granted to members of the combined class of residential and small commercial customers shall be recovered only from these customers, and the costs of competition transition charge exemptions granted to members of the combined class of customers, other than residential and small commercial customers, shall be recovered only from these customers. (2) The commission shall retain existing cost allocation authority, provided the firewall and rate freeze principles are not violated. SEC. 28. Section 367.5 is added to the Public Utilities Code, to read: 367.5. (a) The commission shall establish a Ratepayer Refund Account for each electrical corporation. All refunds recovered by an electrical corporation, either directly or indirectly by way of offset against amounts otherwise owed by the electrical corporation, resulting from any litigation or agreement relative to the charging of excessive costs for wholesale electricity by electrical generators, traders, and suppliers that have been recovered, or are recoverable, from ratepayers in commission-approved rates, shall be credited to the electrical corporation's Ratepayer Refund Account. (b) All funds held by an electrical corporation that are required by this section to be credited to the Ratepayer Refund Account of the corporation are the property of the ratepayers and shall be held in trust on their behalf. SEC. 29. Section 367.7 of the Public Utilities Code is repealed. SEC. 30. Section 370 of the Public Utilities Code is repealed. SEC. 31. Section 373 of the Public Utilities Code is repealed. SEC. 32. Section 376 of the Public Utilities Code is repealed. SEC. 33. Section 377 of the Public Utilities Code is amended to read: 377. The commission shall regulate the facilities for the generation of electricity owned by any public utility on a cost of service basis . Notwithstanding any other provision of law, no facility or site for the generation of electricity owned by a public utility may be disposed of prior to January 1, 2010 . The commission shall ensure that public utility generation assets remain dedicated for the benefit of the electrical corporations' bundled customers. SEC. 34. Section 378 of the Public Utilities Code is repealed. SEC. 35. Section 379 of the Public Utilities Code is amended to read: 379. Nuclear decommissioning costs shall be recovered as a nonbypassable charge until the costs are fully recovered. Recovery of decommissioning costs may be accelerated to the extent possible. SEC. 36. Section 389 of the Public Utilities Code is repealed. SEC. 37. Section 391 of the Public Utilities Code is repealed. SEC. 38. Section 392 of the Public Utilities Code is amended to read: 392. Electrical corporations shall disclose each component of the electrical bill as directed by the commission . SEC. 39. Section 393.1 is added to the Public Utilities Code, to read: 393.1. The Legislature finds and declares all of the following: (a) Metering customer usage of electricity is an integral part of the electricity distribution system, and is the responsibility of the electrical corporation. (b) Accurately applying utility tariffs approved by the commission and calculating a customer's bill is the responsibility of the electrical corporation. (c) If electricity metering is performed by entities other than the electrical corporation, it can create customer confusion, and can create serious safety hazards for customers and utility employees. (d) Customers are entitled to have the electrical corporation resolve all questions regarding the accuracy of bills, including the accuracy of metering and correct application of approved utility tariffs, subject to commission oversight. (e) To protect customers from fraud and abuse, and to enable customers to easily resolve disputes concerning metering or billing, those functions should be performed only by an electrical corporation subject to regulation by the commission. SEC. 40. Section 393.2 is added to the Public Utilities Code, to read: 393.2. (a) All metering of customer usage of electricity and customer billing shall be performed by the electrical corporation. (b) No residential or small commercial customer may be required to take service under a time-differentiated rate without the customer's prior consent. (c) Nothing in this article limits the commission's power or authority with respect to customer billing. The commission may require an electrical corporation to aggregate a customer's multiple accounts into a single bill, so long as the cost for that activity is recoverable in rates. SEC. 41. Section 397 of the Public Utilities Code is repealed. SEC. 42. Section 454.1 of the Public Utilities Code, as added by Chapter 1040 of the Statutes of 2000, is amended and renumbered to read: 454.6. (a) Reasonable expenditures by transmission owners that are electrical corporations to plan, design, and engineer reconfiguration, replacement, or expansion of transmission facilities are in the public interest and are deemed prudent if made for the purpose of providing lower cost delivery of electricity to ratepayers , or maintaining or enhancing reliability, whether or not these expenditures are for transmission facilities that become operational. (b) The commission and the Electricity Oversight Board shall jointly facilitate the efforts of the state's transmission owning electrical corporations to obtain authorization from the Federal Energy Regulatory Commission to recover reasonable expenditures made for the purposes stated in subdivision (a). (c) Nothing in this section alters or affects the recovery of the reasonable costs of other electric facilities in rates pursuant to the commission's existing ratemaking authority under this code or pursuant to the Federal Power Act ( Ch. 12 (commencing with Section 791a), Title 16, U.S.C. ). The commission may periodically review and adjust depreciation schedules and rates authorized for an electric plant that is under the jurisdiction of the commission and owned by electrical corporations and periodically review and adjust depreciation schedules and rates authorized for a gas plant that is under the jurisdiction of the commission and owned by gas corporations, consistent with this code. SEC. 43. Section 454.10 is added to the Public Utilities Code, to read: 454.10. (a) In order to ensure that service provided by electrical corporations is adequate, the commission may require an electrical corporation that provides distribution service to make direct investments in, or contract with the California Consumer Power and Conservation Financing Authority for, electric plants that are dedicated to serve the customers connected to the electrical corporation,s distribution system or grid, consistent with the plan approved by the commission pursuant to Section 454.5. (b) After a hearing, the commission shall approve rates sufficient to afford the electrical corporation a reasonable opportunity to recover its reasonable costs of operating, its reasonable investment in, and a reasonable return on its investment in the electric plants, in accordance with Sections 330.6, 377, 451, and 1005.5. (c) An electrical corporation may meet the obligations of this section by contracting with or entering into projects for construction of electric plants jointly with, without limitation, the California Consumer Power and Conservation Financing Authority, California municipalities, cooperatives, and joint powers authorities. SEC. 44. Section 761.7 is added to the Public Utilities Code, to read: 761.7. An electrical corporation, holding company as defined in Section 79b(a) (7) (A) of Title 15 of the United States Code, or other entity that owns, controls, operates, or manages a public utility shall be subject to the jurisdiction, control, and regulation of the commission for the limited purpose of monitoring and enforcing conditions in commission decisions D.88-01-063, D.96-11-017, D.99-04- 068, D.95-05-021, D.95-12-018, and D.98-03-07. SEC. 45. Section 9600 of the Public Utilities Code is repealed. SEC. 46. Section 9601 of the Public Utilities Code is repealed. SEC. 47. Section 9602 of the Public Utilities Code is repealed. SEC. 48. Section 9603 of the Public Utilities Code is repealed. SEC. 49. Section 9604 of the Public Utilities Code is amended to read: 9604. For purposes of this division, "local publicly owned electric utility" as used in this division means a municipality or municipal corporation operating as a "public utility" furnishing electric service as provided in Section 10001, a municipal utility district furnishing electric service formed pursuant to Division 6 (commencing with Section 11501), a public utility district furnishing electric services formed pursuant to the Public Utility District Act set forth in Division 7 (commencing with Section 15501), an irrigation district furnishing electric services formed pursuant to the Irrigation District Law set forth in Division 11 (commencing with Section 20500) of the Water Code, or a joint powers authority that includes one or more of these agencies and that owns generation or transmission facilities, or furnishes electric services over its own or its member's electric distribution system. SEC. 50. Section 9605 of the Public Utilities Code is repealed. SEC. 51. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. SEC. 52. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. May ~, 2003 The Honorable Joseph Dunn California State Senate State Capitol Building, Room 2080 Sacramento, California 95814 Dear Senator Dunn: The City of Ukiah wishes to express our support for your Senate Bill 888. We have long supported the restoration of an obligation to serve customers as a necessary component of any plan to restore order to California's electric utility market. We also strongly support necessary reinforcements to the state's transmission system to minimize congestion, high costs and blackouts. We believe that SB 888 addresses both of these issues. In addition, we would like to see SB 888 include meaningful ISO reform and a policy framework that ensures adequate transmission for all Californians at cost-based rates. In order to respond to the perceived needs of the failed market structure the ISO has developed an extremely expensive infrastructure with overly complex and ever-changing protocols. We believe that correcting the failed market structure necessitates redesigning the ISO functions to limit its involvement in markets and change its goal from serving markets to serving consumers. We urge you to consider including ISO reform in the provisions of SB 888. We appreciate your leadership on attempting to return California to a stable electricity system designed to put consumers first. We look forward to supporting your efforts as SB 888 advances. Sincerely, Eric Larson Mayor 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www.cityofukiah.com DRAFT ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING THE CITY OF UKIAH MUNICIPAL CODE TO DEFEND THE BILL OF RIGHTS AND CIVIL LIBERTIES TITLE ,; ADMINISTRATION; CHAPTER ~: OFFICERS AND EMPLOYEES; ARTICLE~: DEFENDING CIVIL RIGHTS AND LIBERTIES The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Sections are added to the Ukiah Municipal Code to read as follows: ARTICLE - DEFENDING CIVIL RIGHTS AND LIBERTIES PURPOSES: The purposes of this ordinance are as follows: A. To protect the civil rights and civil liberties for all and to affirm the City's commitment to embody democracy, and to embrace, defend and uphold the inalienable rights and fundamental liberties granted under the United States and the California Constitutions, as set forth in Resolution No. 2003-32, a resolution of the City Council of the City of Ukiah Regarding the Bill of Rights, adopted by the Council on; April 2, 2003; and B. To ensure that local law enforcement continues to preserve and uphold residents' freedom of speech, assembly, association, and privacy, the right to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon such rights by federal or state law enforcement agencies acting under new powers created by the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulations or future enacted laws, executive orders or regulations. : NO UNCONSTITUTIONAL DETENTIONS OR PROFILING: No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, political or religious association that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. : NO UNCONSTITUTIONAL VOLUNTARY COOPERATION: No management employee of the City Shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individual's civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the .United States Constitution. Ordinance No. Page 1 of 2 DRAFT : NOTIFICATION: Management employees of the City shall promptly notify the City Manager when, in the course of City employment, the following occurs: A management employee is contacted by another law enforcement agency and asked to cooperate or assist with an investigation, interrogation, or arrest procedure under provisions of the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulation or future enacted laws, executive orders or regulations, where such procedure is in violation of an individuals civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. Upon such notification from a management employee, or upon such contact directly, the City Manager shall promptly report to the City Council specifying the law enforcement agency seeking cooperation or assistance and the actions requested of the management employee. DEFENSE: The City shall provide legal defense to any management employee who is criminally charged by another entity for his or her actions in compliance with this Ordinance. § · SEVERABILITY: If any section or sections of this ordinance is or are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and remain in effect. SECTION TWO This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Introduced by title only on AYES: NOES: ABSENT: Adopted on AYES: NOES: ABSENT: ,2003, by the following roll call vote: 2003, by the following roll call vote: ATTEST: Marie Ulvila, City Clerk Eric Larson, Mayor Ordinance No. Page 2 of 2 Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council members David J. Rapport May 6, 2003 City of Arcata Ordinance (707) 462-6846 FAX 462-4235 INTRODUCTION From the standpoint of the lawyer who would represent the City in any action by a citizen to enforce this ordinance and who will advise City employees on complying with it, I believe adopting the ordinance is a bad idea. For reasons discussed in more detail below, I believe the ordinance could produce a number of complex questions of interpretation and application. It could create potential additional liability for the City and its employees. And, for the most part, it is unnecessary. The ordinance appears to be based on the assumption that violations of the Bill of Rights are obvious and easily known and understood by everyone. This is an incorrect assumption. Over two hundred years of jurisprudence in literally thousands of court decisions have interpreted and expanded the Bill of Rights, which includes the first 10 amendments to the U.S. Constitution originally enacted in 1791. The "right of privacy" is not contained in any of those amendments or the 14th Amendment, but is a judicially created right, which the courts have determined is "implied" by the Bill of Rights as a whole. Under current state and federal law, a law enforcement official and the public agency he or she works for can be held liable, if he or she violates a criminal suspect's constitutional rights. If that violation results from compliance with a state or federal statute, which itself is determined to be unconstitutional, remedies exist for that violation as well. These remedies provide adequate protection for those who believe the U.S. Patriot Act and related laws violate the Bill of Rights. And the courts, rather than the city council, are equipped by training and purpose to address these issues. In recognition of the complexity associated with the development of the Bill of Rights as a body of law, public officials charged with constitutional violations may assert a qualified immunity as a defense. The standards that apply to the qualified immunity defense are intended to protect public officials and entities from liability when it would be unfair to penalize them, as in the case where the law is unclear or where a reasonable public officer could not know that his or her conduct would violate the asserted constitutional right. The proposed ordinance does not recognize that these issues are complex. The unintended result of the ordinance may be to impose liability where the law is not clear or a city official could not reasonably know that his or her actions violate an asserted constitutional right. I will now discuss the ordinance in more detail in a section-by-section analysis. SECTION-BY-SECTION ANALYSIS The ordinance imposes obligations in three separate sections. Sections 2191 and 2192 impose specific obligations on management employees not to violate the Bill of Rights. Those prohibitions are not limited to actions undertaken under the U.S. Patriot Act or related laws. Section 2193, separate and apart from the obligations in Sections 2191 and 2192, requires a management employee through the City Manager to report to the City Council certain contacts by other law enforcement agencies. The ordinance does not authorize the City Council to do anything once the information has been reported to it. SEC. 2191: No Unconstitutional Detentions or Profiling. No management employee of the City shall officially engage in or permit unlawful detentions or profiling based on race, ethnicity, national origin, gender, sexual orientation, political or religious association that are in violation of individuals' civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. First, what does this mean? Who are "management employees"? What does "officially engage in" mean? Does that only mean to engage in as part of performing his or her job duties, or does it suggest some subset of actions while on the job? Are there unofficial actions that a management employee can take which are not covered by the ordinance? When is a management employee permitting an act in violation of the ordinance? If another employee commits such an act, has the management employee permitted it? Or only when the management employee knows it is being done? Only when the management employee is in a position to prevent it? Could a management employee be said to permit such acts, if he or she fails to institute policies or procedures to prevent it? Would the management employee be required to provide training to employees under his or her supervision to avoid being in violation of this section? Are all unlawful detentions prohibited or only unlawful detentions that are also in violation of the individuals' civil fights or civil liberties as specified in the Bill of Rights and the Fourteenth Amendment? Does the phrase "based on race, ethnicity, national origin, gender, sexual orientation, political or religious association" modify both "unlawful detention" and "profiling" or just "profiling"? Does this prohibition include all of the first 10 amendments to the U.S. Constitution? For example, does it include the Second Amendment which says: "A well regulated militia, being necessary to the security of a free State, the fight of the people to keep and bear Arms, shall not be infringed." Is the right to keep and bear arms a civil right or civil liberty which this ordinance protects? Second, this section creates an absolute prohibition. It does not use language such as "reason to believe" or "reason to know" violates the Bill of Rights. What does the absolute prohibition in this section and section 2192 do to the qualified immunity ordinarily protecting law enforcement and other public officials? ~ Does this section establish a higher standard for Ukiah law enforcement than other law enforcement officials? Could the City be sued, ifa law enforcement official violates section 2191 or 21927 SEC. 2192: No Unconstitutional Voluntary Cooperation. No management employee of the City shall officially assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' civil rights or civil liberties as ~ To determine whether qualified immunity applies, the threshold question is whether, in the light most favorable to the party asserting injury, the facts show an officer's conduct violated a constitutional fight. Saucier, 533 U.S. at 201; Robinson v. Solano County, 278 F.3d 1007, 1012 (9th Cir.2002) (en banc). If no constitutional fight was violated, immunity attaches and the inquiry ends. Saucier, 533 U.S. at 201. If a constitutional fight would have been violated were a plaintiffs allegations established, the next step is to ask whether the fight was clearly established in light of the context of the case. Id. Finally, the contours of the fight must be clear enough that a reasonable officer would understand whether his or her acts violate that fight. Id. at 202. specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. First, this section is not, on its face, limited to cooperation with federal law enforcement officials, other state or local law enforcement agencies, or actions authorized by the U.S. Patriot Act or related laws. Second, the language prohibits assistance whenever the investigation, interrogation or arrest is "in violation of" civil rights. It is not limited to situations where the management official "has reason to believe" or "knows" that the assistance will result in a violation. This could mean that an after-the-fact determination that a civil rights violation occurred could result in a violation of this section, even where the law was unclear at the time or the management employee did not know of facts at the time that would have indicated a violation. Again, is the City establishing a higher standard for itself and its management employees than applies to other law enforcement officials by requiring every management employee to know at the time in every case when an investigation, interrogation or arrest violates an individuals' civil rights or civil liberties as specified in the Bill of Rights and the 14 th Amendment? If a defective warrant is issued by a court, would a management employee violate this section by enforcing the warrant, regardless of whether the law enforcement officer had any possibility of knowing about the defect? At what peril does an enforcement official act, if he or she arrests a demonstrator during a political protest, even where the protestor violates a city ordinance or state criminal statute? If a violation of free speech or free assembly rights is possible, would this section have a chilling effect on an employee's performance of law enforcement functions? If a convicted criminal has escaped prison, could a City management employee violate this section by assisting in his arrest, if it were later determined that his conviction violated the Sixth Amendment? Or prior to conviction, he jumped bail, and it were later determined that his bail was excessive in violation of the Eight Amendment? SEC. 2193: Notification. Management employees of the City shall promptly notify the City Manager when, in the course of City employment, the following occurs: A management employee is contacted by another law enforcement agency and asked to cooperate or assist with an investigation, interrogation, or arrest procedure under provisions of the USA PATRIOT Act (Public Law 107-56), Homeland Security Act (Public Law 107-296), related executive orders, regulation or future enacted laws, executive orders or regulations, where such procedure is in violation of an individual's civil rights or civil liberties as specified in the Bill of Rights and Fourteenth Amendment of the United States Constitution. Upon such notification from a management employee, or upon such contact directly, the City Manager shall promptly report to the City Council specifying the law enforcement agency seeking cooperation or assistance and the actions requested of the management employee. First, the section requires notification of the city manager whenever an investigation, interrogation, or arrest procedure is in violation of an individual's civil rights or civil liberties. This absolute statement raises the same concern as discussed previously under Sections 2191 and 2192. Moreover, since legal uncertainty or unknown facts might result in an after-the-fact determination that a procedure violated an individual's civil rights, the prudent management employee will notify the city manager, whenever assistance is sought under the U.S. Patriot Act. As a consequence, the ordinance will deter requests for assistance, even where the procedure would not violate anyone's civil rights. The unintended consequence of the ordinance may be to increase the risk of terrorist activity in the City of Ukiah. Second, the section does not indicate how such reports are made to the City Council. Are they reported as part of a meeting agenda or is notice given to each individual member of the City Council? In either case, no provision is made for protecting the obviously confidential and sensitive nature of this information, particularly if it is being undertaken in connection with a matter of national security. Do individual city council members really want this sort of information, particularly when the ordinance does not authorize them to do anything with it? What if the subject of the investigation, interrogation or arrest learns of the assistance and uses that information to escape or take other action which causes damage or injury? Now each city council member is a possible suspect in the potentially illegal disclosure of the information. Third, what is the purpose of reporting this information to the City Council? The ordinance does not authorize the City Council to do anything, once it has received the information. Finally, the burdens of the ordinance are imposed entirely on management employees. The City Council assumes no responsibilities under this ordinance. I don't know if a city employee could be prosecuted criminally for refusing to cooperate with an investigation, interrogation or arrest under the U.S. Patriot Act, but the ordinance assumes that they can. It provides that the City will furnish the employee with a legal defense in any such prosecution. The ordinance doesn't offer to serve time for the management employee who is convicted in any such prosecution. Of course, to the extent that the ordinance purports to direct non-compliance with a federal law, another provision in the U.S. Constitution, the Supremacy Clause, Article VI, Section 2, would invalidate the ordinance. Any state or local law that conflicts with an enactment within the legislative power of Congress is preempted. See Gibbons v. Ogden (1824) 22 U.S. (9 Wheat.) 1. For that reason, I would not advise a city employee to comply with this ordinance, if such compliance would subject the employee to possible federal criminal liability. As public officials who have sworn to uphold the Constitution of the United States, city officials, including city council members, have an obligation to comply with the Supremacy Clause as well as with the Bill of Rights. In the end, in my opinion, enacting this ordinance unnecessarily creates numerous potential problems and questions. The federal civil rights act and the jurisdiction of the federal courts to address constitutional violations by federal agencies provide a better means of dealing with the constitutionality of the U.S. Patriot Act than the adoption of a city ordinance. Ti'EM NO. MEETING DATE: May 7, 2003 AGENDA SUMMARY REPORT SUBJECT: DIRECTION TO INLAND WATER AND POWER COMMISSION REPRESENTATIVE REGARDING SPONSORSHIP OF LAKE MENDOCINO DAM RAISING PROJECT Mayor Larson has requested this item be added to the Agenda as an urgency item. It was brought to the Mayor's attention as a result of the Board of Supervisors meeting of May 6, 2003 and action must be taken before the Inland Water and Power Commission meeting of May 8, 2003. Jim Stretch, the Mendocino County Interim Water Agency Manager, presented an agenda item to the Board of Supervisors recommending that the Board send a letter to the Corps of Engineers stating that the Mendocino County Water Agency be lead agency on the Dam Raising Project. He also recommended that a letter be sent to the Inland Water and Power Commission, as they have already submitted a Letter of Intent to the Corps of Engineers for the lead status. The Board of Supervisors voted 4 to I to send the letters to the Corps of Engineers and Inland Water and Power after next week. I believe this was to allow the Inland Water and Power Commission time to discuss the issue at their May 8, 2003 meeting, before receiving the letter from the Board of Supervisors. Mayor Larson is requesting the Council's discussion and direction to Vice-Mayor Baldwin, the City's representative to the Inland Water and Power Commission. RECOMMENDED ACT[ON: Discussion and direction to Vice-Mayor Baldwin, representative to the Inland Water and Power Commission regarding sponsorship of Lake Mendocino Dam Raising Project. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: Prepared by: Coordinated with: Attachment: 1. Mayor Eric Larson Candace Horsley, City Manager Mayor Eric Larson Mendocino County Board of Supervisors Agenda Summary Report Approved'[ ~ ~~,,, Candace Horsley, Ci anager ADAMRAISINGPRO3 MAY-O~-2003 15:43 707~6342~$ · OMENDOCINO COUNTY BOARD OF SUPERVISORS AGENDA SUMMARY i i ii llama- ~ i"' '- A~;_r~la S~ries must ~'~ubmit~ed no l'at~r than noon Wednescla);-l~ days prior to the m;'~ d, te ?0?4634245 P. 02×08 · BOARD AGENDA ~_ ......i I TO: FROM: Board of Supe_rv.. isors~...C0un~..Water Azen _cy' DATE: .April 30, 2003 .M..e!!...d.ocino Coup,, ty Water Agency_ .... AGENDA DATE: May 6, 200, ,~ DEPAR~ RESOURCE: CAO P. SSOtaZcE: .lin3. Stmetch P~oN~: 463-4589 Present ~ On Cart [2] Consent [~ Reg~d.~ Agenda Est. Time f~r Item: ',. AGENDA TrrLF~ Desi~nation Of.Lead Agency/LoCal sponsor for'joint:u.s. ArmYCorps of F.~eers and Mendoct~..o County study the' feaStb~[7' of increasing'the storage capaci~'in...Lake Mend ~ocin0(Coyote iDam), and lett~rs t0. IW&Pc' · PR~rIOUS BOARD OR BOARD COMMITI~E A£T~ONS: None · SUMMARY: The original plannin§ of the Coyote dam project approved in 1950 and completed in 1959 included a future second phase when needed to raise the dam 36 feet and add 77,000 AF to the original 122,500 AF capacity. It was projected that the initial allocation of the 8,000 A~ allocation t~ the Russian River District in 1959 would be adequate to meet the needs in the district until 1977, at whiCh time additional water would have to be secured. It is generally accepted that the ¢ommttRity had been using the maximum water allocation or more {or a number of years, Approxim_~tely 1 year ago the U.S. Army Corps of Engineers undertook the preparation of what they term a reconnaissance study for phase 2, to be released soon to the local sponsor. At that time, assuming that the initial review is positive and determ;-ed to be worth pursuing, the next s~ep in the process is (~ undertake a feasibility study. It is at this point that the local sponsor for the project must be designated and an agreement for the financial participation in the study must be executed. Generally these costs are shared ~0 with the local sl~onsor. ALTERNATI~$: Please see attache.d page for discussion WILL PROP-O~-AL REQUIRE ADDZTIONAL PERSONNEL? Yes* [-] Number '~ No ~ *If yes, has this been through the Personnel Process? Yes "i i- nsc t Acr: ....... .,- ..... I [ Rl~co~~-'D ACTIO~/~IOT[ON: Authorize and direct the Chair of the Soard to: Z) offer 'Letter of Intent" to the U.S, Army Corps of Engineers for the Mmdocino County Water Agency to be desigmated as the local sponsor for the Lake Mendocino expansion project, inchtdiag the feas~ility and planning phases, and 2) send a letter to lIN&PC requestln§ that they commmdcate to the Corps their withdrawal as local sponsor, and transfer the Prop. 50 Coyote Dam p~,oject to the Water. Agen~; .......... · CAO RECOMMENDATION: Agree [ [ Disagree [~ No Opinion ~'~ Staff Report Attached BOARD ACTION Date of Action 1) El Approved ............ 3) El Denied 2) O Referred to 4) 0 Other Continued ~tnff report for Coyote Dam Local Sponsor Accordin8 to Army Corps guidelines, the designation of the local sponsor and the execution of the financial participation agreement must occur with 18 months from the commencement of the initial reconnaissance study. In this case the Corps' San Francisco ot~ce advises that these requirements must be met by September 2003. The Inland Water & Power Co~mission has offered to the Corp their letter o~'intent dated lauuary 9, 2003 to assume the local lead agency/sponsorship for the project. However, the issue was not been submitted to the Board of Supervisors/County Water Agency for their approval as required, hence this agenda item, There is another option that the Board should consider, and that is designating the Mendocino County Water A~ency as the local sponsor for the Army Corps Coyote Dam study and project. The Water Agency is fully empowered to partner and fund the County share of the project and is in a superior position to bring the project to fruition/'or thc following reasons: The U.S. Arm), Corps of'Engineers generally partners with a County Water Agency to undertake such projects; providing a working relationship they understand and a long history of success. . The County Water Agency is the only countywide agency with the authority and responsibility to plan for, finance, construct and manage floodwater, storm and community water projects. , The County Water Asency is the only water ~ency in the county that has the authority to wheel new water fi'om an expanded Lake Mendocino to every comer of the county, wherever water is needed. . The County Water Agency is the only agency staffed with a General Manager, Hydrologist and support stai~ and the in-house legal, ~ancial and engineering capacity to be successful on such a large and important project. The County Water Agency is the streamlined organizational model in terms of project fin~cing and administration. Other ~PA structures require the approval of 5 different agency Boards. 6. The County Water Al/ency is the logical agency, perhaps the only agency in the county that can carry the financing for such a large public works project. 7. The County Water Agency has the authority to designate zones ofb~nefit within the county as may be necessary. 'NRY-02-2003 ~5:44 7074G342~$ 7074G34245 P,04×08 resources when integrated with countywide recycling, reuse and conservation prosrams. And last, a strong Mendocino County Water Agency is required to protect the County's area of origin fights from outside export interests, and will allow alt agencies and communities to speak with one voice at the local, State and federal levels as to water issues in the upper Russian River watershed. /~-my Corps of Engineers Project Planner Karen Mason, in the San Francisco office, is preparing at our request cost estimates for the local share of' costs over the next several years. That information should be available by the time this item is presented to the Board on May 6, 2003. However, it does appear at this time that the 2003-04 cost that will need to be budgeted by the County is $78,000; the amount requested in the Water Agency budset. It is possible that all or most of the local share of the study project can be contributed by in-kind services fi-om the County. However, without knowing the amount of time that staff will haw available at this time on a daffy basis, the worse case scenario has been assumed in terms of a cash requirement. Since it must be decided locally who the local sponsor of the project will be, it is recommended that the Board authorize the Chair to send a letter to IW&PC requesting that they withdraw their ~'anuary 9, 2003 local sponsor letter of intent, and transfer the related Prop 50 project for Coyote Dam included in the Board's February 4, 2003 Resolution to the Mendocino County Water Agency. It is further recommended that the Board authorize the Chair to sign a letter of intent to the Army Corp of Engineers for the designation of the Mendocino County Water Agency as the local lead agency/sponsor for the Lake Mendocino expansion study. The target date for the execution of the cost sharing and in-kind services agreements with the Corps is luly 2003. AL~ATIV~..SECTION CONTINUED FROM AGElbrDA For projects such as the Coyote Dam Project that serve the functions for both flood control and a local source of water, a local sponsor is required by the Army Corp of Engineers to share in the cost of the project and administer the water for the summer months after the project is constructed (after flood season). Should the Mendocino County Water Agency decide not to a~sume the role of the local sponsor, the Corps would pursue partnering with another local agency, e.g. Inland Water & Power Commission, Russian River lZlood Control District or the Sonoma County Water Agency. Typically, the water right that is granted by SWRCB is proportionate to the local sponsor's/unding of'the project. Cc: IW&PC Member Agencies .MAY-02-2003 15:45 7074634245 70746342~5 P,05×05 BOARD OF SUPERVISOKS LETTERHEAD May 6, 2003 US Army Corps of Engineers San Francisco District 333 Market Street San Francisco, CA 94105-2197 Subject: Designation of Mendocino County Water Agency as local sponsor for Coyote Dam Feasibility Study Dear Ms. Mason: Today, May 6, 2003, the Mendocino County Water Agency Board of Directors took the necessary action to offer our letter of intent for the designation of the local agency of the joint U.S. Corps of Engineers/Mendocino County feasibility study for increasing the storage capacity in Lake Mondocino. We are most anxious to receive a copy of the initial Reconnaissance Study and move forward in a timely manner. We understand from Karen Mason, Project Planner at your office, that the target date for the execution of the financial 'cost sharing and in-kind agreements is July 2003 and we are prepared to do that, assuming that the Reconnaissance Report is encouraging. This Board is committed to including in its 2003-04 budget $78,000 for the local share of'cost for the study in 2004. We are aware that the Inland Water & Power Commission submitted a letter of intent dated January 9, 2003 for this project and it was mentioned that they represented Mendocino County, Though we are a Commission member, thc issue was not presented for our consideration until today and it is our desire to take a _di~erent approach that we believe will be successful. The Commission has been requested to rescind that letter of intent and collaborate with the County in the interest of a successful study. NRY-02-2003 15:45 7074634245 ?0?4634245 P,06/08 We look forward to a close workir~ relationship with the Corps on the feasibility study. l~¢hard Shoemaker, Chair Mendo¢ino County Board of Supervisors/ Mendocino County Water Agency Ms. Karen Mason, Army Corps Project Planner Inland Water & Power Commission Russian River Water Agencies BOARD OF SUPERVISOR LETTERI~AD May 6, 2003 ~'anet Pauli, Chair Inland Water & Power Commission 12507 Hawn Creek Road Po~er Valley CA 95469 Subject: Withdrawal of IW&PC local sponsor letter for Lake Mendodno Army Co~s study D~ar ~fanct: As you are aware, the Board of Supervisors/Water Agency Board carefully considered the matter of local sponsor for the Army Corps of Engineers feasibility study of increasing the capacity of Lake Mendocino and concluded that the County Water Agency is the most logical lead on the project for the reasons mentioned in the May 6, 2003 staff report. We fully recognize that IW&PC has been involved in the early stages of this effort and that a successful project for Mendocino County will require a commitment from all of us. The Board is requesting that the Commission's lanuary 9, 2003 letter of intent to the Army Corps be withdrawn so that the Mendocino County oan procood with meeting thc tight timelines for contract agreements. We are informed that you are aware of time being of the esscnce even at this early stage. At thc same time, the Board wishes to develop a new partnership with Commission members to serve Mcndocino County in an advisory capacity on the projcct. We are open to any suggestion as to how we might best collaborate, and look forward to meeting with the Commission at the earliest opportunity for discussions. Thank you for your assistance. Richard Shocmaker, Chair Mendocino County Board of Supervisor/Water Agency Board Cc: Inland Water & Power members 'MAY-~'2-2003 15:45 70746342~$ 7074G34245 P.08×0@ Memo From: CC: Date: Re: Board of Supervisors James M, Andersen, County Administrative Officer Jim Stretch, Water Agency Director 5/1/2003 CAO comments - Agenda Item 11 (bi I have reviewed the staff report from Jim Stretch, Interim Water Agency Director, and his recommendation that the Mendocino County Water Agency (MCWA) communicate to the U.S. Army Corps of Engineers that it wishes to be the lead agency in the feasibility study for raising Coyote Dam and increasing the storage 'in Lake Mendocino. Mr. Stretch also recommends that the Board request that the Inland Water and Power Commission OW&PC) retract its correspondence of January 9, 2003 in which they requested to be the lead agency for this project. It is my opinion that Mr. Stretch has wdtten a professional report, and that he supports his recommendations well. Further, it is my belief that Mr. Stretch offers up his recommendations with the utmost of integrity, and believes that the county will be best served in the long term by a Water Agency that assumes a lead role in the development, conservation, and protecUon of water throughout the county. He understands that there are diverse and fiercely held opinions on this subject. He further understands that it may require an interim department head, one who can walk away from the county w~ "blood on his hands," to make the difficult recommendations to move the MCWA forward into this lead role. Mr, Stretch may be correct. I certainly respect him for his integrity and courage. Nonetheless, I strongly recommend that the Board proceed forward on this issue in a cautious manner, one that does not unduly jeopardize the achievement of the higher goal, or prize, that being to retain local control and legislative support throughout the feasibility study and uMmate[y the process of raising the dam. In my opinion, there is reasonable risk, certainly a level of risk that is worth assessment and discussion, in moving forward in a fashion that does not adequately evaluate and address the diverse positions of the local stakeholders. To move forward in an aggressive manner may result in a splintering of the local stakeholders, and a percepUon by the U.S Army Corps of Engineers and our congressional representatives that_we s~~ --una-nirni~~ ~-'e-~~) o?-t~s proje~, '~' ~-~ alternative, the Board may ~ws-~l~ to bolster the leadership role of the MCWA over time, allowing the agency an opportunity to demonstrate its capabilities and its trustworthiness toward the interests of local stakeholders. I know that there are times when it is necessary and appropriate to just "jump into the pool." We have had to make such difficult decisions when closing our County Hospital and eliminating our inpatient Mental Heaith Services, However, my advice to the Board is to ensure that in the debate over the future role of the Water Agency, we do not lose sight of the "prize" of retaining local control and legislative support for the Coyote Dam project TOTAL P.08 UKIAH REDEVELOPMENT AGENCY SPECIAL MEETING CiViC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE May 7, 2003 8:00 P.M.* 1. ROLL CALL 1 AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 1 m APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of February 19, 2003 b. Regular Meeting of March 19, 2003 1 NEW BUSINESS a. Consideration of Disposition and Development Agreement for Redevelopment Agency Owned Property, Assessor's Parcel No. 002- 224-16. 6, COMMISSIONERS REPORTS EXECUTIVE DIRECTOR REPORTS CLOSED SESSION a. Government Code §54956.8 Conference with Real Property Negotiator Property: APN. 002-224-16 Owner: Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation: Price, Terms, and Conditions 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. UKIAH REDEVELOPMENT AGENCY Regular Meeting of February 19, 2003 The Ukiah Redevelopment Agency met in regular session on February 19, .:~:i ~he notice for which had been legally noticed and posted, at 9:40 p.m. in the Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was,,~h and th~ following Commissioners were present: Commissioners Rodin, ~i Smith, Baldwin, and Chairman Larson. Staff present: Assistant Rede~i~me~ Di[ector DeKnoblough, Assistant City Manager Fierro, Executive Red~i0pment ~irector Horsley, City Attorney Rapport, and Recording Secretary Ulvila. No one came forward to address the Agency. 3. APPEAL PROCESS ,::~?,,~i~i;?:i:;~i:~i;~': i:.~'.~ Chairman Larson reviewed the appeal process~ii~ ~:~,~ 4. APPROVAL OF MINUTES 4a. Regular Meeting of January_ 15, 2003 M/S Smith/Andersen approving the minutes of the Reg:~?~Meeting:~:,~:,Qf January 15, 2003 as submitted and carried by unanimous consent of Cou~iii :,iii:,~,:. :.'~,~:: ~.:::: 5. NEW BU SIN ESS 5a, Consideration of Di~:';i~i~n of iessor's :'~rcel No. 002-224-16 Mayor Larson explained th~'t a pdf~i?,~!~f Counc Session would not be required of this item. :~:.~ :.??~?~ :,~.~. he owns the building located at 106 West Standley st~?;~:a ; wall with the building (formerly Medico Drugs) that formerly ~:~:i:~d the subject prOperty. He discussed the history of the building ~i~g demolished:~ownership of the subject property. In order to protect his interest :.::~:.d ~s~re that t~"~i i~$ue??,,~of the common wall would be remedied by any new conS{~jQn on the s~j~ ;~:~rcel, he entered into a contract to purchase the subject parcel escrow.a~::~nt was opened, and remains open, subject to that contract. He restated:::.~his willi~ess to proceed with the original contract, subject only to clarification ~:~bf the pending technical questions and is willing to enter into new negotiations~:~at resolve his concerns regarding the common wall, with or without he as buyer. Bi~uss!~:followed regarding Mr. McCowen's concerns relative to the propeAy and the ~: : Regular Ukiah Redevelopment Agency Meeting February 19, 2003 Page 1 of 4 Councilmember Baldwin requested a response from staff to Mr. McCowen's claim that the City would be liable if we do not discuss issues of a contract. City Attorney Rapport explained that he would need to review the contract. that this contract was originally entered into about six years ago ,and it we~ ~:'~an~::t° close during a specific time frame of about four months, but it didn t. H~:~,~med tha~ th e contract was over and was not aware of apend i ng escrow. A consensus of the City Council affirmed that they would like td?:?~iew this before the Redevelopment Agency proceeds further with this matter.~ ~:~/::,?::','~: M/S Smith/Baldwin to continue this matter to a Special Uki~:,~edevelE~ent AgenCy~' meeting on March 5, 2003. ~:~:?~:? ~ ~.i::~' · · Discussion followed with regard to holding a Speai~i=,i?~eeting ~d it was noted by staff that the Ukiah Redevelopment Agency meetings~?~e~ scheduled?~or the third Wednesday of the month. .... =~==~:~ City Afforney Rappo~ explained that at the end of ~ ~eeting, the Agency could continue this ma~er to an Adjourned Regular meeting of t~ ~edevelopm. ent Agency to th e fi rst meeting in M arch ............... /S Smith/Baldwin amendl~g?~ m=.~t~?~=~;~9~cont~nue the =~r to an adjourned regular meeting of the first ~=~in~ MarC~?~?~?~ Discussion followed concerning the ~mmi~i~;~ all~~i~ $25 per meeting. Motion carried g roll c~ii ~e: AYES: ~bdin, Andersen, Smith, Baldwin, and ChairmaL??~ .... ES: None. A~ENT: None. ABSTAIN' None. 5b ~.G~hsideration o~ ~ncumbrance of?F=bnds for the Purpose of Establishing ~~nd ..................... ' ....... Rehabilitation Program Executive staff is asking the Agency to encumber these funds for the p~tp~=e of establishing a Iow and moderate-income housing rehabilitation The ~a:.~er would then go to the Redevelopment Agency's Low and H~i~g ~GemmiEee for discussion and possible development. CommiSSiOner Baldwi~ ~pressed his concern for geeing the most for the money expended fE~=.~his pro~m and that he was not convinced the money the City has been spending o~=.~meowner occupied units is the best use of these funds. He inquired if the money ~:~=~uld be placed in a broader funding catego~ that would allow the CommiEee [0 have more leeway in how the money ~s expended. Horsley explained that the proposed use of these funds is for g homes. However, she encouraged the Agency to discuss this ma~er so that thei~?ideas could be conveyed to the Commi~ee. Regular Ukiah Redevelopment Agency Meeting February 19, 2003 Page 2 of 4 Discussion continued with regard to suggested use of the funds and how these funds could be categorized. Suggestions included housing rehabilitation rental or co-housing programs Commissioner Smith noted that the intent of this agenda item is to ~r~e ~ encumbrances of the money and inquired if the Agency could provide di~i'°n to th~ Committee to develop a broader definition of the program. Chairman Larson cautioned the Agency to not forget what a Red~i~Pment A~cy is suppose to do, such as to redevelop, restore, and rebuild a c°~:nity. H°~ihg rehabilitation, whether it's for private individuals of Iow or .~:~erate-i~me meanS t~ improve property, or individual rentals that may be impro,~e~:~i:::'i~Qn with ~::guarantee of maintaining Iow rents. He expressed an interest in dilaPi~::~d :~'~i~hborhoods receiving some benefit from Redevelopment funds. He expre~?~he needio make a distinction that money that is going to rehabilitate housing :~i~ guarantee that there would bb some affordable housing in a Iow or mode[~ .............................. ~ry ~:.~hat there is criteria established that it will be directed toward in~ ~i ;rs::~i~:'~'~t are in that income category or rentals that are affordable by that income ~. Commissioner Baldwin su~ rental and/or co-housing owner occupied units forew rehabilitation program but w~:Uld William French, Ukiah, encourag disabled their own h~ receiving having also enco~r~e~;~d ge~ii~;;~:the comm~ r e h a b il it ~e ~: ~eir p r o p ert ~',i ::: ': :, ;;: :: M/S ~i~:h/Sm Income housing progr~!:~ i:~: ~,~::' funds be used ~at it is sig rehabilitation, harder to keep the )pposed to a housing :)n:i;,~??~evelop a program to assist He discuSSed financial limitations of those mo~:ey for a down payment on a home. He in helping disabled persons to ~ of $369,000 of Low and Moderate ment of a housing rehabilitation, rental or co- Baii~,~e~B!ained that co-housing is owner-occupied housing and no one ~e~;:~:~iscussed b~iiiSi~?~ multi-story structure or giving landlords funding unless there is":'~ agreement:: ~:'~t their projects would be available to Iow and moderate- income pe~l~ forever!~:'~:~:: Motion carri.~d by the following roll call vote: AYES: Commissioners Rodin, Andersen, Smith BaldWii~, and Chairman ~rson. NOES: None. ABSENT: None. ABSTAIN: None. ~MlSSlONERS' REPORTS Regular Ukiah Redevelopment Agency Meeting February 19, 2003 Page 3 of 4 . None. EXECUTIVE DIRECTOR REPORTS a. Government Code §54956.8 Conference with Real Property Ne~f~tor"~!iiiiiii!iiiiiii!iiiiiii!iiiiii!iiii~, Property: APN> 002-224-16 Owner: Ukiah Redevelopment Agency ,,,,~,~iiiiiii!ii Negotiator: Candace Horsley :,,~iiiiiiiiiiiiiiiiii?~? Under Negotiation: Price, Terms, and Conditions :'~iiiiiiiiiiiiiiiiiiiiiiiiiii!iii~, 'l'here being no further business, the meeting was adi~urne~%iiie 10:10 p.m. to an : adjournedmeetingofMarch5,2003 ~:,,~;!~iii!iiiiiiiiiiiiiiiiiiiiiiiiiiiii? ........ Mario U Iv i la, Re co rd i n g Sec reta ry .... :::::::::::::::::::::::::::::::::::::::: : ::: Regular Ukiah Redevelopment Agency Meeting February 19, 2003 Page 4 of 4 UKIAH REDEVELOPMENT AGENCY Regular Meeting of March 19, 2003 The Ukiah Redevelopment Agency met in regular session on March 1 notice for which had been legally noticed and posted, at 10:50 p.m. in Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll following Commissioners were present: Commissioners Rodin Baldwin, and Chairman Larson. Staff present: Deputy Assistant City Manager Fierro, Deputy Director Harris, Executive Attorney Rapport, and Recording Secretary Ulvila. 2. AUDIENCE COMMENTS ON NON-AGENDA No one came forward to address the Agency. 3. APPEAL PROCESS Chairman Larson reviewed the appeal the h~ 4. APPROVAL OF MINUTES 4a. Regular Meeting of Febru, ary 19, 2003 .... :'?"iiii?~ ii Recording Secretary Ulvila advi, that due to illness she ~ii~ i'~ complete the draft minutes and they would be the next agenda. 5. NEW BUSINESS 5a. Redevelopment Low and Deputy Director Harris referred discussion of the Ukiah Redevelo summary of the t~s,~.~==,~bat have been and income I~i~ii?!~ii~ted that there Iow and m~~e-inc~i~ii~individuals ~ The cu~ii?i~i'mits are li.~ in the Staff 2002'i State ng and ram 'ovided a brief history and program. It included a during the last 13 years, including types that those funds be utilized for than 120% of the median income. although the heading states "January Development Department have not Commission~ rants bern in explained in the grant writing that she does, she has prepared a ;ystem of care for homelessness in Mendocino County and is Iunds have been for the system of care. It was regarding the Ukiah Redevelopment Agency to receive the report Housing Program. 6. COM ERS' REPORTS None .... ~i~'UTIVE DIRECTOR REPORTS AdjOurned to Closed Session at 10:53 p,m, Regular Meeting March 19,2003 Page 1 of 2 al CLOSED SESSION a. Government Code §54956.8 Conference With Real Property Neqotiator Property: APN. 002-224-16 Owner: Ukiah Redevelopment Agency Negotiator: Candace Horsley Under Negotiation' Price, Terms, and Conditions No action taken. Reconvened at 11 '15 p.m. 9. A D J O U R N M E N T There being no further business, the meeting was a~j~"~d at 1 i:'i:i 5 p.m. Marie Ulvila, Recording Secretary Regular Meeting March 19,2003 Page 2 of 2 ITEM NO. DATE: May 7, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF DISPOSITION AND DEVELOPMENT AGREEMENT FOR REDEVELOPMENT AGENCY OWNED PROPERTY, ASSESSOR'S PARCEL No. 002-224-16 This item will be considered after the closed session. RECOMMENDED ACTION: Consider this matter after discussions during closed session. ALTERNATIVE AGENCY POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes N/A Larry W. DeKnoblough, Assistant Redevelopment Director Candace Horsley, Executive Director None APPROVED: Can-dace H~)r~-ie~ E~x u'}~ tive Director LD/ZlP2 Property. Asr