Loading...
HomeMy WebLinkAbout2003-10-01 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 1, 2003 6:30 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTION a. Proclamation: October 5-11,2003 Nurse-Midwifery Week b. Proclamation: October 8, 2003 KidsWalk to School Day c. Introduction of New Employee: ElizaBeth MacFarland, Payroll Officer 4. APPROVAL OF MINUTES a. Regular Meeting Minutes of July 16, 2003 b Special Meeting Minutes of Joint City Council and Sanitation District of September 3, 2003 c. Regular Meeting Minutes of September 3, 2003 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report To the City Council Regarding Acquisition of Services From Spencer Brewer For The Management/Production of the 2004 Sundays in the Park Concert Series in the Amount of $7,500 b. Adoption of Resolution Extending a No Parking Zone and Establishing a Twenty Four-Minute Parking Zone Adjacent to 605 North State Street c. Approval of Notice of Completion for Construction of Improvements to Municipal Parking Lot C, Specification 03-11 w 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 UNFINISHED BUSINESS a. Authorization of City Manager to Execute Professional Services Agreement with W-Trans, Inc., in the Amount of $40,000 For Completion of the Downtown Parking Study and Approval of Budget Amendment b. Discussion and Possible Selection of Ballot Measurers For The March 2, 2004 Primary Election c. Discussion and Consideration of Revision to Inland Water and Power Commission's JPA 1 NEW BUSINESS a. Adoption Of Resolution Establishing The Schedule Of Fees And Rates For Garbage And Recycling Collection Service For 2003/2004 b. Report Regarding The Annual Northern California Power Agency Legislative Tour Visit To The City of Ukiah c. Designation of City Council Representative to Mendocino Transit Authority 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12.ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. PROOLAMAT ©N WHEREAS, this year, Nurse-Midwifery Week is celebrated during the week of October 5 through October 11, 2003; and WHEREAS, the national organization, the American College of Nurse-Midwives, headquartered in Washington, DC, is the official organization for over 7,000 nurse-midwives throughout the United States and is the official sponsor of Nurse-Midwifery Week at the national level; and WHEREAS, this national event is an opportunity for women nationwide to gather for education and celebration of the health care service provided by nurse-midwives; and WHEREAS, nurse-midwives are a vital and growing part of the advancement of women's health in Ukiah; and WHEREAS, Nurse-Midwifery Week acknowledges the important role midwives play in women's lives, since, whether assisting a woman as she gives birth or providing personalized well- woman health care, midwives are truly with women; and WHEREAS, the nurse-midwives are joined by other concerned citizens of this city, as well as other women's health advocates and service providers, businesses, colleges, service clubs, and organizations. NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Roy Smith, Paul Andersen, and Mari Rodin, proclaim the week of October 5-11 as NURSE-MIDWIFERY WEEK IN THE CITY OF UKiAH and call upon the people of Ukiah and the Ukiah Valley to participate in women's health education at home, work, and school, and to take the steps needed to make informed decisions regarding their health. October 1, 2003 Eric Larson, Mayor 3a PROCLAMAT ©N WHEREAS, the prevalence of children being overweight has tripled since 1980; and WHEREAS, young people aged 2-18 spend an average of four hours a day watching television; and WHEREAS, physical activity during childhood helps build and maintain healthy bones, muscles, joints, an lean muscle, helps control weight and reduce fat; prevents or delays the development of high blood pressure, reduces feelings of depression and anxiety, and is related to higher levels of self-esteem; and WHEREAS, children's dependence on their parents and other adults to drive them to and from school represents missed opportunities for physical activity, increases traffic congestion, and threatens the safety and quality of the environment in which we all live; and WHEREAS, the City of Ukiah has adopted a Bicycle and Pedestrian Master Plan to enable safer transportation alternatives for all its residents; and WHEREAS, the City of Ukiah has developed sidewalks through the Safe-Routes-to Schools program and has invested funds in developing a network of bike lanes and improving crosswalk safety; and WHEREAS, a report to the President from the Departments of Health and Human Services and Education (2000) includes an' objective to "enable communities to develop and promote the use of safe, well-maintained, and close-to-home sidewalks, crosswalks, bicycle paths, trails, parks, recreational facilities, and community designs featuring mixed-use development and a connected grid of streets". NOW, THEREFORE, I, Eric Larson, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Roy Smith, Paul Andersen, and Mari Rodin, proclaim October 8, 2003 as KIDSWALK TO SCHOOL DAY IN THE CITY OF UKIAH and encourage families and neighborhoods to ensure that young people have the opportunity to participate in this event and to support walking to school as a safe, fun, and pleasant part of a child's daily routine. October 1, 2003 Eric Larson, Mayor ITEM NO. 3c DATE: October 1,2003 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE MacFARLAND, PAYROLL OFFICER - ELIZABETH I'd like to introduce to the City Council and the community, ElizaBeth MacFarland, joining the Finance Department as Payroll Officer. ElizaBeth brings 20 years experience in accounting, payroll, and record keeping. She has a BA in Elementary Education and a Community College Teaching Credential in Office Services and Related Technologies. Most recently ElizaBeth worked for McGehee Equipment until the Ukiah Plant closure earlier this year. In her off time ElizaBeth enjoys spending time with Dennis, her husband of 20 years, assisting with community projects in Potter Valley, working on their property, gardening- extensively, and restoring antiques and collectibles. Their most recent project is rebuilding an old mud wagon. Please welcome ElizaBeth MacFarland, Payroll Officer, to the City of Ukiah Team. RECOMMENDED ACTION: Welcome Elizabeth MacFARLAND As The City's New Payroll Officer ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Gordon Elton, Finance Director Candace Horsley, City Manager None Candace HoYsley, City Manager 4a MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JULY 16, 2003 The Ukiah City Council met at a Regular Meeting on July 16, 2003, the notice had been legally noticed and posted, at 5:00 p.m. in the Civic Cer Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Rodin, Andersen, Smith, Baldwin, Staff present: Community Services Director DeKnoblough, Fin Risk Manager/Budget Officer Harris, City Manager Horsley, Deputy Public Works Director Seanor, Director of Public Wi ;ele, Director Stump, and City Clerk Ulvila. INTERVIEWS OF APPLICANTS FOR followin )n. !lton, it, COMMISSION Councilmember Smith inquired if Coun( interest in participating in the interview spouse is a candidate. PLANNING ~iiiiiiiii~ould have a conflict 0fii!~,~, voti~!~i~f applicants since his Councilmember Andersen advised that he intends recuse himself from interviewing his spouse, Jennifer Pus~ were nominated, he would not pa~ in the voting. for nominees but would also ~ted that if she The City Council interviewe. Commission: Laura Robert Palafox, and Jennifer lidates for app, Kevin to the Planning ings, Lesa McArdle, 6:00 p.m.- Councilmember And~ Puser. 6:13 p.m. Rece 13 p.m Rem ,er Anderse~iili ~u.m~ met the interview of Jennifer to the meeting. 2. PLEDi Larson ~IANCE e of Allegiance. . Jennifer Directors, ai background conducted iect RELEAF of Mendocino County RELEAF, introduced its Board of advised that it is now a 501c3 nonprofit organization. She provided a organization and discussed some of the projects and activities it has County and Ukiah, such as the Trees for the Millennium over 500 trees were planted. The members will continue their to the City of Ukiah for the care of the trees. She thanked the City of y Tom Hamblin and his Parks crew, for working on the project. Regular City Council Meeting July 16, 2003 Page 1 of 8 Miles Gordon, Vice President of Mendocino RELEAF, provided a presentation concerning the costs and benefits of trees. He thanked the Public Works Department for the use of its water trucks and equipment. Mayor Larson presented a plaque to Ms. Puser and Mr. Gordon in Mendocino RELEAF by the City of Ukiah. 4. APPROVAL OF MINUTES .... "'~;i;i~i"i~ili~=?'i!i!~=ii?'~i"~=~'= 4a. Regular Meeting of June 4, 2003 ~i?~il;~?~??¢i? City Clerk Ulvila advised that the minutes to the June 4, 2003 me~i~,,;~,,bave not:::'~: completed and requested their consideration be continued t~,~i~ next ~ng. 5. RIGHT TO APPEAL ..... ........ Mayor Larson read the appeal process. .::~:::;;?~;~??~:' : Councilmember Baldwin requested that Calendar for discussion and vote. the Consent Mayor Larson advised that item "6d" would be heard as ite:~?~ii~ge". M/S Smith/Baldwin approving h c and e thr~gh~,,~;,~.~,,,~ of the Consent Calendar as follows: a. Approved b. Rejected Claim for Damages and Referred to Joint Powers Authority, Redwood Em c. Received Report Regarding of Computer Hardware Fro.~,,~ Connection I . ihe Amounf'~Sf $6,180.43; e. Adopted ~ ?i~04-01 Rem°~!~g On:~treet Parking and Establishing A Bus Loadin~i~:'e On ngton Avenu~iAdj t to Ukiah Ford; f. Waiv~ili~'e Bid Propel Irregularity a~~Arded Contract to R.W. Murray Inc. (D~:~:o Z Constr n) For 2002 S~?;~onstruction of Sidewalk Along No~h ~":~~:., Spe~~~~~!;~:the Amount of $77,095.50; g. Awarded:::::::~G~~Sn C~:~f~~fanite Construction Company in the Amount of $125,249.~::~~.~he Construction of the Gobbi Street Class 2 Bike Lane Project Orchard~ ue to Babcock Lane, Specification 03-06; Repo~!iiii~i~:e ~uisition of ESBI ArclMS Software From Rockware, Inc. ,t of $~i?~i~'. by th¢ili~'ilowing"'"'~:*:' roll call vote: AYES: Councilmembers Rodin, Andersen, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Smith, :~:~i!iiiii ii i~ii~,i!':::~:,,~ 7. AUDIE~ COMMENTS ON NON-AGENDA ITEMS ~::!iiiiii!iiii~ichard: risen, representing the Alliance for Human Rights, discussed the first .... '::~:~il ,~d~' to the U.S. Constitution and was of the opinion that it was violated at the IA:'~..i~'cil meeting because two individuals were not allowed to address the City C~:'i! concerning issues related to a specific Police Officer. Regular City Council Meeting July 16, 2003 Page 2 of 8 Brenda Lopez and Chris Russell, Redwood Valley, stated that they are victims of racial profiling and harassment by an Ukiah Police officer. Phillip Ashiku voiced his opinion that the City Council should not rest[i~i~!i~ testimony regarding individual employees. He also discussed the be~'?=i~'?,i~f?i Commerce contract that is the subject of review by the Redevelopment A~~ and wa~ of the opinion that the Chamber of Commerce has performed its duties',i~i"~ted in its contract with the City. Brian Manning, Hopland, stated that he is a member of the H~i~,d Cham6~ ~f Commerce and is suppo~ive of the City providing financiaL~.~gpo~ t~?~.~=Chambe~='~ Commerce. He stated that he perceives a conflict of=~i with ~bncilmembe'~??~? Andersen and felt he should have excused himself fr~ ~est=~==~g all candidates for Planning Commission appointment. ~::~?~?'~ ..... Coleffe Morris, Perkins Street, submiEed Pi ~and a :~::~":~[ with regard to the timeline for applying herbicides in the parks an~:~ ~eas.::~:.:?~::~;~ ?~ Mark Ashiku discussed freedom of expression by mem ~ef the audience. 8. PUBLIC HEARING 8a. Introduction of the City of Ukiah Mu~ Tel~ Assessment Report For P~ Community Services Director cooperation with the County of been attem Adelphia Co~ corporate reorgan with th~ public services, etc. Y for the .rogressed new ;ultant has Acce,, In Its Article 2 of and of Needs · ,n the City of Ukiah, in d the C,~les o Fort Bragg and Willits has cable fr~'~::~hise renewal agreements with years. He reported that Adelphia's significantly as a result of its leadership. In order to proceed further imended the four public agencies update governing ordinance to establish the enter into a franchise agreement for cable has already established the maximum allowable franchise fee of gross r es. communications support Group (CSG) conducted a ensiw ne'~i~=:a~ssment for all four public agencies. It was Mr. DeK~::~gh's belief ~i~'::~'amount of funding established in the report is equitable to the tasE~'~':i~ii!i~equate!~y~i~Viding effective Public, Education, and Government (PEG) access ch~ls to th'~?:~::Ukiah Valley and would like Council's direction to proceed with negotiation~!!::!:::~i.:~e also recommended introduction of the proposed ordinance. Discussion::::~ii wed with regard to public access TV for educational purposes, funds to nego~, establishing a basis to secure the funds, the needs assessment report, ':=~::~:~ii'~,:.[hg~,ii~duction of the ordinance. Items also discussed were undergrounding cable li~iii~:' cable access provided to schools, including charter schools, fiber optic cables b~i~i~:~outed throughout the City, and public access. Regular City Council Meeting July 16, 2003 Page 3 of 8 Public Hearing Opened: 7:32 p.m. William French, Ukiah, was of the opinion that the cable service in Ukiah the agreement with Adelphia should include improved local cable service. Public Hearing Closed= 7:35 p.m .... a w n ^n er.en Ordinance roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, ~win, Larson. NOES: None. ABSTAIN: None. ABSENT: None. ~:::~:~:~?~::~ .... City Clerk Ulvila read the title of the Ordinance, "An the City of Ukiah amending in its entirety Chapter 1 Municipal Code, regulating cable, video, and M/S Andersen/Smith Introducing Ordinance, AYES' Councilmembers Rodin, Andersen, None. ABSTAIN: None. ABSENT: None. ....... the City of Ukiah by th~:! ~!!~owing roll call vote: , or Larson. NOES: 9. NEW BUSINESS 9a. Adoption of Resolution City Clerk Ulvila advised that the applicants for Planning the Commission and Cou nomination, based on the current r term ending June 30, 2004 and the 2006. ~intments to }mmission ncil has had an o interview all of ment. Two va are available on the .pportunity to make a intment is to an unexpired full term expiring June 30, M/S Rodin expiring JL Both :ilmember a Ms. Puser to legal 7:42 Jenn ~er ........ to the Planning Commission for a term din and Ma~ii!i!?Larson~'~:':':':~' ~:'~':"' discussed their views regarding ard to her experience as a previous Planning ,mmunity. It was noted by Mayor Larson that concerned about this issue and conducted some research with and he is satisfied that it was adequately addressed. recused himself from the meeting. There possible Puser. ,nsi¢ discussion concerning this nomination as it pertains to a of interest by Councilmember Andersen since he is married to Ms. representing the Employers Council, inquired if Councilmember recuse himself from appeals of Planning Commission decisions if Ms. to be appointed to the Commission. Regular City Council Meeting July 16, 2003 Page 4 of 8 Rick Piffero expressed concern that Councilmember Andersen and Ms. Puser would discuss projects and issues at home and he would have an inside track of issues if she were appointed to the Planning Commission. ~ Mayor Larson noted that at one time Phillip Ashiku was Mayor and his served on the Airport Commission. Phil Ashiku discussed his relationship with his brother and noted Council appointed his brother to the Airport Commission and motion. In his opinion, his relationship with his brother is not the sar husband and wife. He addressed the unique situation and on the City Council when members of the Council decisions. He explained that the public has to have influence in the decisions made by the City Commission is the second highest decision m; has to ensure the public has confidence th; Councilmember Andersen were to recuse Planning Commission decisions to the City Council, hi making process. City "n~ City and the CounCil=~' act ethically. If in the appeals of be part of the decision Councilmember Rodin s of Puser would act ethically re would address it. and Ms. the Council Gail Shoemaker, who was man thought it inappropriate to assume husband's, simply by virtue that the, about making Mark Ashi involved woulc Supervisor Shoemaker, the same beliefs as her sam She cautioned Council wife thi ng the same, voting the same. would hap~!ilijf::~,~,,t~ire were three or four family members al agencies t~~ the power to make decisions. Council be a very un ~rtable and inappropriate situation. William Fr, don't agree ing Commi ;ion. with James Carvell and his wife in which they things. He felt that Ms. Puser was wrongly removed from the and he respects her qualifications to be on the Planning Mayor but was nl clarifie Ms. Puser was not removed from the Planning Commission David Hull her in the that he doesn't know Ms. Puser but has heard good things about f. However, he finds it hard to image those conversations between Andersen and Ms. Puser concerning important issues would not occur. a discussion concerning the conflict of interest law as it relates to financial in~ the Brown Act, the possible perception by the community of a conflict of interest, and Ms. Puser's service to the community. Regular City Council Meeting July 16, 2003 Page 5 of 8 Mayor Larson stated that he had urged Ms. Puser to apply for a Planning Commission appointment and complimented her on her work as a previous Planning CommissiQner. Motion carried by the following roll call vote: AYES: Councilmembers Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None,,iii!iiiii~BSENY?:'? Councilmember Andersen. Councilmember Baldwin passed on the next nomination. 8:06 p.m.' Councilmember Andersen returned to meeting~:~,,::~:~::?~,~ii?~:;i'~,,,:~:,~, M/S Smith/Baldwin nominating Kevin dennings to the:~',ii~iii~ni~"i~i ~ommission for term expiring June 30, 2004, carried by the following roll::~,,~i!ii~ote: A~Es: Councilmember~? Rodin, Andersen, Smith, Baldwin, and Mayor Lars~i~iiiiiii"~OES::~?~None. ABSTAIN: Non~? M/S Smith/Baldwin adopting Resolution meE~~Pointment to the Planning Commission of Kevin Jennings to a term expiring June ~[~4 and Jennifer Puser to a term expiring June 30, 2006, carried by the followi::~~ll call.::~::~ote: AYES: Councilmembers Rodin, An( ~r~ mith, Baldwin, and Ma~~s~~OES: None. ABSTAIN: None. ABSENT: N~ 9. NEW BUSINESS 9b. Award of Bid to Ferranti C, to Municipal Parking Lot "C" in the Amc of Budget Amendment :::::::::::::::::::::::::::::::: Community Se ' h adviS~ that a primary project for the City of Ukiah has been to resudace and upgrade municipal p~'g lot" ley Streets. He discussed the two bids re~~:' from iranite Construction. As the Iow bid of $92 ,000 by $42,447, he requested a budget am~ cost, as well as engineering fees of $6,800 and any unforeseen costs during construction. He felt that would be a significant improvement to downtown parking and an increase in expenditures as noted in the Staff RepoA. Di~ ~ ~?4~rd to the type of pavement sudace used for this project and it ested::~,~Mayor Larson that a permeable concrete be used that would allow wab go thOUgh, as well as eliminate the need for offsite drainage. The schedule ~e project was discussed as well as whether the parking area would remain at od~;¢~bvel. The estimated cost for a multilevel structure was also discussed. ~":~;~':~(?~/S Smi~rson to award bid to Ferranti Construction for improvements to parking lot =~":'~i!~?,.,jn;:~?amount of $92,447 and approving amendment to the 2003/04 Budget i~ ~;~ expenditures in the Parking District 220.4601.250.000 account by $14,625 a~¢~?&uthorizing expenditure from the No~h Fire Station resewe account 69~'1915.800.010 in the amount of $14,625, carried by the following roll call vote: Regular City Council Meeting July 16, 2003 Page 6 of 8 AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN' None. ABSENT: None. Consideration and Approval of Joint Workshop For The Ukiah C~i~0U~iii~,?~ii:~ and Ukiah Valley Sanitation District to Provide Project Upda~iil~egardin~;~?? the Wastewater Treatment Plant Improvement Project -~,~:.~=,i'~iii i!??~?~ i iii~:i;i~.~ - Public Utilities Director Barnes advised that the City's consUi~i~, ~"~, and Caldwell, completed the preliminary design for the Wastewa~ill Treatme~?~ ~t~nt (WVVTP). A joint workshop for the Ukiah City Council and Ukia~ii!~D.Iley Sani~~ District (UVSD) Board is proposed to provide an update ~[~rding ~'~tatus of :~:~ ~P Improvement Project and present the results of th~ ~ studi~=:~~ in pa~icula~'~.=~?:~ the current plant capacity, plant optimization recomme.~~ns,'::~:=:=~er collection system inflow and infiltration study, and effluent storage reg~i~ents, and recycled water us~;~: study. It is suggested that the workshop be held::,:=~ugust 6~before the City Coundff meeting since two hours will be needed fo[~:.~?~ ssion o¥ ~h~ project status and presentation of the results of the design studie~?"'::~:~?~::~?~?~ ?~?~::~ ..... ~:::~: Ma or arson ,o.e t,e Counci it t,e Counc t, t the joint meeting with the Ukiah Valley Sanitation Distric~=:~Schedul~:~for August 6, 2003 at 4:00 p.m. for a worksh~ regarding t::~~a er Treatment Plant Improvement Project ..................................... gm NEW BUSINESS Adoption of Resolution Approach in Ado member Patty Berg City Manager advised that City to urge islature to su budget, two modifi( Assemb bar Berg,noted in the Cou~i~~er however, budget, to Use Balanced uested by Assembly- ,memb~'~?Patty:~"~'~"~ Berg has requested the a balanced approach in adopting the State to the draft resolution proposed by appreciates the sentiments of the resolution, needs the City of Ukiah to support cuts in the inca those cuts and how they would affect the City's budget are It w; =il to take no action on this matter. R e c e I p.m. .... R, p.m. {Sd.)~,iiii~doption of Ordinance No. 1047 Amending Articles 3, 4, $, 0, 7, and 8 ':'~':~:?~'~'~i iii'~ 0f: _~ter :> of Division 9 {Zoning) of th~ HkiahMunioipal Code ~ainin~ :~'~'~:'?:?:~:~:::: .... ~~sidential Second Dwelling Units - C ember Baldwin identified ~n error in numbering items in the Ordinance b~fiin~:::: g on page two. He referred to page four of the ordinance and stated that he did Regular City Council Meeting July 16, 2003 Page 7 of 8 not recall supporting relief from the setback requirements, as noted in item page. He felt that the last sentence in section "K" should be deleted. "K" on that There was discussion concerning the setback requirements and the dis review process as discussed by the City Council at a previous meeting. Th discussion of the Use Permit process that would provide relief standards. Some Councilmembers thought that there was no need ~m the setback requirement because item "L" (renumbered to "Q") would a:~,,~i~:~;: ~':%~!i~ .... City Attorney Rapport advised that if a sentence were to be chan~!i~ii?it would be brought back at a subsequent meeting. He did not th woul~'::~"~'~!i~?~?~;:a substa~iiii?~?~ change if the last sentence under item "K' were deleted M/S Baldwin/Andersen to adopt Ordinance 1047, of Chapter 2 (Zoning) of Division 9 of the Uki~ sentence under item "K" be deleted, carried Councilmembers Rodin, Andersen, Smith, ABSTAIN: None. ABSENT: None. Adjourned: 9:00 p.m. Reconvened: 10:37 p.m. 11. COUNCIL REPORTS Councilmember Rodin re meeting in September and ' ode, and that the la~ call vote: AYES: in. NOES' None. ~nnual L~::~e of California Cities Mayor Larson Committee and of the reported that he the Investment Oversight He also attended a meeting 12. City She also d to tempe from e attended a bicultural meeting with notes from that meeting to Councilmembers. a 1 1/2" inch difference in sidewalk cracks due es. She briefly discussed the City's liability with trip and fall claims ;ures. The Public Works Department will grind the sidewalk down pavement sections stay down and keep this situation City that she would be on vacation for two weeks beginning next week. Exe~§ve Assistant/Deputy City Clerk Riley would be assembling the Council packets for ~'next meeting and taking the minutes. VENT no further business, the City Council meeting was adjourned at 10:44 p.m. M; Ulvila, City Clerk Regular City Council Meeting July 16, 2003 Page 8 of 8 MINUTES OF THE UKIAH CITY COUNCIL Special Joint Workshop of the Ukiah City Council And Ukiah Valley Sanitation District Wednesday, September 3, 2003 4b The Ukiah City Council met at a Special Joint Meeting with the Ukiah Valley Sanitation District (UVSD) on September 3, 2003, the notice for which had been legally noticed and posted, at 4:00 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. The purpose of the meeting was for discussion and possible action relative to the Wastewater Treatment Plant Upgrade Project and review of the Wastewater Treatment Plant capacity analysis. Roll was taken and the following Councilmembers were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Public Utilities Director Barnes, Administrative Analyst Burck, Water/Sewer Operations Superintendent Borecky, Director of Finance Elton, Wastewater Treatment Manager Gall, Risk Manager/Budget Officer Harris, City Manager Horsley, and Deputy City Clerk Riley. Ukiah Valley Sanitation District Board Members present: Shoemaker, Baldwin, and Chairman Delbar. Ukiah Valley Sanitation District Secretary Rau was also present. 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward. 3. WASTEWATER TREATMENT PLANT IMPROVEMENT PROJECT WORKSHOP FOR THE CITY OF UKIAH AND UKIAN VALLEY SANITATION DISTRICT Eric Wahlberg of Brown and Cauldwell presented an overview of the current state of the City of Ukiah's Wastewater Treatment Plant (WWTP), in addition to the proposed improvements. The WWTP currently serves the City of Ukiah and the Ukiah Valley Sanitation District, with 60% of the use coming from the City. While the WWTP has operated sufficiently for nearly 50 years, it is now reaching its capacity. Plant optimization may provide additional process capacity until WWTP improvements are completed. The project is not considered to be growth inducing because it is based on the historical growth (1% per year) of the City of Ukiah. City Manager Horsley requested clarification regarding the number of gallons available for current capacity. Mr. Wahlberg explained that it is 400,000 gallons; however, the City does not have a 2.8 mgd plant, as it was thought. Instead, the Plant is currently at 2.37 mgd capacity, which may be enhanced by treatments to the existing facility. Supervisor Shoemaker requested that he and Supervisor Delbar be notified of all future Council discussions of the topic. 4. ADJOURNMENT Mayor Larson adjourned the meeting at 6:10 p.m. Shannon Riley, Deputy City Clerk Special Joint Meeting of Ukiah City Council and Ukiah Valley Sanitation District June 28, 2000 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, SEPTEMBER 3, 2003 The Ukiah City Council met at a Regular Meeting on September 3, 2003, the notice for which had been legally noticed and posted, at 6:42 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembem were present: Rodin, Andersen, Smith, Baldwin, and Mayor Larson. Staff present: Finance Director Elton, Risk Manager/Budget Officer Harris, Purchasing Agent Horger, City Manager Horsley, Fire Chief Latipow, City Attorney Rapport, Fire Marshal Yates, Community Services Director Larry DeKnoblough, Public Works Director Diana Steele, Public Utilities Director Darryl Barnes, and Deputy City Clerk Riley. 2. PLEDGE OF ALLEGIANCE Finance Director Gordon Elton led the Pledge of Allegiance. 3. INTRODUCTIONS/PRESENTATION 3a. Introduction of New Employee: Mary Hor.qer, Purchasin~ A~ent Finance Director Elton introduced Mary Horger, new Purchasing Agent. Mary has extensive service as a purchasing agent, is a current resident of Willits, and belongs to several local service clubs and organizations. Mary Horger expressed her gratitude to her fellow employees for their friendliness and assistance. 3. INTRODUCTIONS/PRESENTATION 3b. lntroduction of New Employee: Kurt Latipow~ Fire Chief City Manager Horsley introduced Kurt Latipow, Fire Chief. She outlined Latipow's extensive experience in the fire service, which ranges from municipal to the Federal level. Chief Latipow is also highly trained in many related areas, including hazardous materials, law enforcement, emergency medical, and administration. Chief Latipow explained that he is pleased to be in the Ukiah area, and noted that he plans to retire from the City of Ukiah. 3. INTRODUCTIONS/PRESENTATION 3a. Presentation by Mark LaRose~ Ukiah Valley Medical Center City Manager Horsley advised that this is an annual presentation regarding the updates of the Ukiah Valley Medical Center. Mark LaRose, President of the Ukiah Valley Medical Center (UVMC), presented the status of the Medical Center after reviewing its mission statement, the governing board and the Community Advisory Council, which provides valuable input from the community. He explained that UVMC's primary service area includes about 57,000 members, and it is roughly the third largest employer in Mendocino County. The Center showed profits in 2002, as opposed to two prior years of losses. Mr. LaRose also described the proposed construction improvements for the hospital for the next 40 years. Regular City Council Meeting September 3, 2003 Page 1 of 8 4. APPROVAL OF MINUTES 4a. Regular Meeting of July 9, 2003 Mayor Larson recommended that paragraph seven on page six be deleted, as it contains incorrect information. Councilmember Baldwin recommended that, in paragraph three on page ten, the sentence beginning with, "He supported discretionary review for second units..." be deleted. MIS Andersen/Smith approving the Regular Meeting Minutes of July 9, 2003, as amended, by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Larson read the appeal process. 6. CONSENT CALENDAR MIS Baldwin/Smith approving items "a" through "e" of the Consent Calendar as follows: a. Awarded Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Davey Tree Surgery Company in an Amount Not to Exceed $40,000; b. Adopted Ordinance No. 1047 Amending In Its Entirety Chapter 11, Article 2 Of The City of Ukiah Municipal Code, Regulating Cable, Video, and Telecommunications Services; Adopted Ordinance No. 1048 Amending UCC Section 1203; Notified Council of Purchase From Rainbow Agricultural Services for One Utility Vehicle (Kawasaki Mule) in the Amount of $9,947.44; e. Awarded Bid for Purchase of Public Safety Mechanic Vehicle in the Amount of $14,651.42 to Northlake Ford Mercury. C. Motion carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Michael Deckard, 601 Redwood Avenue, expressed his frustration on a number of issues. Scoff Miller, 4 08 West M ill Street, expressed his appreciation for t he C ouncilmembers' efforts. Peijean Tsai introduced herself as the new reporter for the Ukiah Daily Journal, who will be covering City business from this time forward. 8. UNFINISHED BUSINESS 8a. Adoption of Resolution Making Appointment of Interim City Clerk Regular City Council Meeting September 3, 2003 Page 2 of 8 City Manager Horsley explained that this item is a follow-up to previous Council direction, and asked the Council to accept Ms. Ulvila's resignation and appoint Finance Director Elton as Interim City Clerk until the end of Ms. Ulvila's term in 2004. Councilmember Andersen expressed his discomfort with the Council's appointing a new City Clerk without the public's participation in the selection process. MIS Rodin/Smith accepting the resignation of Marie Ulvila effective September 15, 2003, appointing Finance Director Elton as Interim City Clerk, and adopting Resolution 2004-08 making appointment of Gordon Elton to fill the unexpired term of the City Clerk position, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. Mayor Larson administered the oath of office to Gordon Elton. 8. UNFINISHED BUSINESS 8b. Fines For Noise Related Offenses Under Vehicle Code and City Code City Attorney Rapport reported o n h is findings regarding City Council's influence over Vehicle Code Section 27007 and Ukiah City Code Section 6058. In short, the City Council may suggest fines for a first offense violation of the Ukiah City Code, including Section 6058, but not for the violation of the Vehicle Code Section 27007. Councilmember Baldwin inquired whether a person could be in violation of State Vehicle Code and City Code at the same time. City Attorney Rapport replied affirmatively, although the State Vehicle Code would likely overrule the other. A brief discussion followed regarding the difference between bail schedules and fines. Councilmember Andersen inquired whether, as part of the punitive process, a vehicle could be impounded or if community service could be required. City Attorney Rapport explained that no provision exists for recommending community service. Bail schedules and fines can be recommended, so long as they are less than the maximum authorized, but will not necessarily be adopted. A brief discussion followed regarding enforcement and interpretation of noise-related offenses. Councilmember Baldwin inquired whether judges have leeway to consider alternative forms of penalty. City Attorney Rapport replied that if the defendant agrees to the penalty, it might be enforced in lieu of a fine. Mayor Larson suggested that a subcommittee be comprised to further discuss the issue. Regular City Council Meeting September 3, 2003 Page 3 of 8 By consensus, Councilmember Baldwin and Mayor Larson were s'a'(~/cted~' subcommittee with City staff. '..~ By Consensus, Council accepted the report. 8, UNFINISHED BUSINESS form a , 8c. Adoption of Resolution Regarding Army Corr)s of Engineers and Noise at Lake Mendocino City Manager Horsley reported that, in 1999, Council approved a resolution and sent a letter to the Army Corps of Engineers regarding noise limitations at Lake Mendocino. A response was not received, so staff is requesting Council's direction, as the issue has resurfaced. Councilmember Rodin referred to the draft letter included in the agenda summary report, where the Council recommends specific days and times when the noise might be banned, and asked if it might be better to leave it open. Mayor Larson explained that these times are only a recommendation. He also noted that he has received public comment regarding the Council's consideration of this issue and it being out of their jurisdiction. Councilmember Smith stated that, while he approved of the Council's actions in 1999, he agrees that specifying the dates and times might not be a good idea in light of current public comment on the matter. He recommended adding the words "such as..." before the suggested times for noise bans. Councilmember Baldwin concurred. Andy Nichol, Ukiah, expressed surprise that the City Council is addressing issues at Lake Mendocino and that they haven't addressed concerts in the park, races at fairgrounds, loud motorcycles, etc. He suggested that it might be more appropriate to recommend that noise levels be kept below a certain level at all times. Councilmember Andersen read aloud an e-mail recently sent to the Council from a resident near Lake Mendocino. The resident reports that she has complained to the local authorities on a number of occasions regarding the noise levels on the Lake. She supports Council's efforts. Council briefly discussed details of the letter. Councilmember Smith requested clarification of acceptable decibel levels at the Lake and who would enforce the restrictions. He recommended to not include specific restrictions in the resolution, but instead draft a letter asking that decibel levels be enforced and that the Army Corps of Engineers hold public meetings regarding the issue. A brief discussion followed regarding the types of noise-makers at the Lake, possible restricted times, and the need for a letter to the Corps. Regular City Council Meeting September 3, 2003 Page 4 of 8 / / ; ,. Mayor Larson wished to extend the Council's support for the Corps' public meetings?and;--* recommended that the Corps regulate and moderate noise and nuisance type behavior. Council agreed to permit Mayor Larson to revise the letter to the Army Corps of Engineers. MIS Smith/Andersen adopting Resolution 2004-09 calling on the Army Corps of Engineers to institute a policy to close Lake Mendocino to internal combustion water going vehicles during various hours, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 8. UNFINISHED BUSINESS 8d. Selection of Russian River Watershed Association Director and Alternate City Manager Horsley advised that Councilmember Rodin has been attending the meetings of the Russian River Watershed Association and is willing to continue doing so. MIS Smith/Andersen appointing Councilmember Rodin as Director for the Russian River Watershed Association and selecting Mayor Larson as alternate, carried by the following roll call vote: AYES' Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9a. Consideration of Approval for Additional Funding of Orr Creek Bridge Project City Manager Horsley advised that this has been an ongoing project, initiated when Kmart was looking to move to Ukiah. Since the initial projections, new expenses have been added to the project. Horsley explained that the City may elect to participate in this project on different levels, and outlined the choices for the Council. Councilmember Baldwin asked for clarification regarding water lines in the area. City Manager Horsley explained that the City Utility department may be in the process of major renovations at that time, and work in the Brush Street Triangle might be incorporated in that. Also, drainage issues might be taken care of by property owners at the time of development, an issue that has already been discussed with those individuals. Councilmember Andersen inquired what the cost increases are attributable to. City Manager Horsley stated that the original plans had design flaws regarding the creek and banks, and that the bridge had to be expanded to reduce the impact on the creek. Bill Randolph, Ukiah, regularly works on Orr Creek, and has for many years been opposed to the bridge. He asked City to withhold further expenditures on this project until alternative locations have been considered. He suggested that a better place for the bridge might be closer to highway, away from urbanized area. Regular City Council Meeting September 3, 2003 Page 5 of 8 City Manager Horsley suggested that Mr. Randolph return when the EIR comes beck Council for discussion, and clarified that the City will not construct until the EIR ~.iS,~ approved. Councilmember Andersen stated that he is not interested in spending more money on this project, and recommended staff's alternative suggestion, as stated in the staff report. He wished to remain committed to the Orchard extension, but did not favor adding funds. Councilmember Smith inquired who will be responsible for paying the unfunded balance if the City does not contribute the additional funds. City Manager Horsley stated that, with the bridge complete, the Brush Street Triangle will be open for development. At that time, there will be many different ways to collect these funds. For example, the County may require capital improvement fees, other mitigations, and may receive sales tax, or property owners may develop their land at their own cost. Mayor Larson stated that he has long believed that the bridge should be built. The County is likely to profit far more than City, yet the County has not adequately offered assistance toward the completion of this project. MIS Andersen/Baldwin directing that the City should not increase its participation over the initial $372,000 already committed, carried by the following roll call vote: AYES: Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9b. Presentation of Department Capital Improvement Projects City Manager Horsley advised that each of the Directors improvement project overviews. have prepared capital Police Chief Williams provided an overview of the Department's expenses, as presented in the staff report. Councilmember Andersen asked Williams to prioritize the list. Police Chief Williams responded that personnel needs ranked the highest, along with corresponding vehicles and equipment, followed by facility security. At this time, the remodel of the evidence room is not pressing. Mayor Larson asked if $100,000 for personnel is per year or a one-time expense, and what a fully staffed department would cost. Police Chief Williams explained that this figure is an estimate for a 10-year time frame. He suggested that it might be beneficial for the City to do a study to determine specific needs. A brief discussion followed regarding the logistics of such a stUdy. Regular City Council Meeting September 3, 2003 Page 6 of 8 Fire Chief Latipow provided an overview of Fire Department's list, and expla'ine~ that:. some items on the list might need replacement in less than ten years. The priOri~:is completion of the exhaust system in the engine room, as the current svstem only extends J ./ ~' to approximately 50% of the engine room. The second priority would be replacement of the overhead door system, which has been especially problematic. Third priorities are a new storage structure and replacement of the ladder truck. Final priorities are replacement of the 1994 engine, followed by the 1991 ambulance. Finance Director Elton explained the Finance Department's list, which includes the replacement of water and electric meters. Councilmember Rodin inquired regarding the benefits of the proposed new telephone system. Finance Director Elton explained that a new system would allow call stacking as opposed to automatic voicemail, more user maintenance and adjustment, and more. Community Services Director DeKnoblough provided an overview of the department's capital projects. Councilmember Andersen inquired regarding Anton Stadium upgrades and whether the funds requested are in addition to those already in reserves. Community Services Director DeKnoblough clarified that the funds requested are in addition to the reserves, as it is preferable to renovate the stands and replace the roof. Public Utilities Director Barnes explained that the Public Utilities list covers the next five years instead of ten, and provided an overview for the Council. Public Works Director Steele reported on the Public Works Department's capital projects, which include the bridge replacement and widening at Waugh Lane and repairs of the storm drain system. 9. NEW BUSINESS 9c. Report on Impacts of the California State Budget on the City of Ukiah Finance Director Elton advised that the major area of initial impact on the City's Budget is the three-month loss of the Vehicle License Fees. Sales tax revenue was significantly higher than predictions, and therefore, the City can add $100,000 to its sales tax revenue for this year. At this point, the City is only $20,000 more in deficit than what was projected during the budget sessions. As a result, no further reductions need to be made at this time. It was the consensus of Council to receive the report. 9. NEW BUSINESS 9d. Ar)r)roval of Settlement Agreement with Charles and Jacqueline Ruelle City Attorney Rapport explained the settlement agreement and recommended approval of agreement. Regular City Council Meeting September 3, 2003 Page 7 of 8 MIS Smith Rodin approving Settlement Agreement with Charles and Jacqueline RUelle.!~'~ and authorize City Manager to sign agreement on behalf of the City, carried by th~ following roll call vote: AYES' Councilmembers Rodin, Andersen, Smith, Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: None. 10. COUNCIL REPORTS Councilmember Rodin reported that she is selling tickets for the Ukiah Players Theater fundraiser. Councilmember Andersen reported that he visited Portland, Maine, where extensive work has been done on the downtown area. 10. CITY MANGER/CITY CLERK REPORTS None. Adjourned to Closed Session at 10:26. 11. CLOSED SESSION Conference with legal Counsel-Existing Litigation Subdivision (a) of Government Code {}54956.9 Ruelle v. City of Ukiah, Mendocino County SCUKCVCV083733 Superior Court Case No. No action taken. Reconvened at: 10:28 12.ADJOURNMENT There being no further business, the City Council meeting was adjourned at 10:29 p.m. Marie Ulvila, City Clerk Regular City Council Meeting September 3, 2003 Page 8 of 8 ITEM NO. 6a DATE: October 1,2003 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF SERVICES FROM SPENCER BREWER FOR THE MANAGEMENT/PRODUCTION OF THE 2004 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $7,500 Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2004 Sundays in the Park Concert Series in the amount of $7,500. Spencer is one of the original organizers and has provided these services since the beginning of the series. The contracted amount has remained constant for the past 13 years. The event is funded entirely by private sponsorship, and the funds are held in a trust account that the City administers. RECOMMENDED ACTION: 1. Receive report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2004 Sundays in the Park Concert Series in the amount of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. 2004 Contract Proposal from Spencer Brewer APPROVED" ~.~?'~~'~ Candace City nagerHorsley, Attachment #1 Proposal to Manage the 2_004 Sundays in the Park Concert Series I propose to manage the 2004 Sundays in the Park Concert Series for the City of Ukiah to the same extent that t handled the project in 2003. I wilt coordinate all the acts, bookings of said acts, sound logistics, radio spots, radio & press releases, stage coordination, help on the poster layout, concert day opening speeches, fund raising, and general on site management at each concert. Ifa previously scheduled concert of my own occurs on the day of any of the SITP concerts, I will make ample arrangements. The terms are as follows: $1,500. to be paid on September 2~5, 2003 to Spencer Brewer. This covers alt my expenses in enlisting sponsors, booking of the bands, setting up the publicity campaign and the pre-work to begin the 2004 series. The next payment of $2,000 wilt be due on January 1", 2004. The last payment of $1,500 will be due on April 1~t, 2004. An additional $500. per each of the six concerts, will be due on the day of each concert. If there are 7 concerts, the amount will be adjusted. Total: $7,500. Signed: --. Spencer Brewer, September 7, 2004 Accepted for the City of Ukiah: Date: AGENDA SUMMARY ITEM NO. 6b DATE: October 1, 2003 REPORT SUBJECT: ADOPTION OF RESOLUTION EXTENDING A NO PARKING ZONE AND ESTABLISHING A TWENTY FOUR-MINUTE PARKING ZONE ADJACENT TO 605 NORTH STATE STREET SUMMARY: Michelle Leoni of Mountanos Properties, requested changes to the parking along the frontage to Mountanos Properties at 605 North State Street (east side of street). Ms. Leoni specifically identified the painting of red curb extending from their driveway to the south and the establishment of a twenty four-minute parking zone along Mountanos Properties frontage. According to Ms. Leoni, there are large trucks that frequently park along the Mountanos frontage (location map, Attachment 2). These trucks and other vehicles park close to the driveway therefore restricting the sight distance of vehicles exiting the Mountanos parking lot onto North State Street. A no parking zone, extending 18 feet south from the driveway, will provide improved sight distance for vehicles utilizing the driveway. A twenty four-minute parking zone, extending 24-feet south from the end of the proposed no parking zone, will better serve the transient nature of customers visiting the Mountanos Properties office building. The Traffic Engineering Committee (TEC) reviewed this parking zone request at its regular meeting of September 16, 2003. At that meeting staff noted that the proposed parking zone is located outside the parking improvement district boundary and would likely not receive regular enforcement. Ms. Leoni stated that she understood this and did not want to place an additional burden for parking enforcement on the Police Department. However, she believes that the establishment of the twenty four-minute parking zone would encourage more frequent turnover of vehicles parked along the frontage. The TEC concurred with this request to extend the red curb and to establish a twenty four-minute parking zone for one parking space. The net result of the proposed action will be the loss of one on-street parking space from the extension of the red curb. RECOMMENDED ACTION: Adopt resolution extending a no parking zone and establishing a twenty four-minute parking zone adjacent to 605 North State Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: Michelle Leoni, Mountanos Properties Diana Steele, Director of Public Works / City En~g!.neer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for Adoption 2. Location Map APPROVED:,,~ C~an"fl-d~ce Ho~sley, Cit~Manager AG-24-min-parking605-n-state. SUM RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH EXTENDING A NO PARKING ZONE AND ESTABLISHING A TWENTY FOUR-MINUTE PARKING ZONE ADJACENT TO 605 NORTH STATE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Sections 21458 of the California Vehicle Code provide for painting curbs red to indicate no parking and green to indicate time limit parking; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from Michelle Leoni of Mountanos Properties to extend a no parking zone and to establish a "Twenty Four-Minute Parking Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends approval of the request regarding the extension of a no parking zone and the establishment of a "Twenty Four-Minute Parking Zone". NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does extend a no parking zone and establish a "Twenty Four-Minute Parking Zone" for one parking space adjacent to 605 North State Street at a location determined by the City Engineer. PASSED AND ADOPTED this 1st day of October, 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Eric Larson, Mayor Gordon Elton, City Clerk Resolution No. 2004- Page 1 of 1 CLR~.t~ RVEN~/E AGENDA SUMMARY ITEM NO. 6¢ DATE' October 1, 2003 REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR CONSTRUCTION OF IMPROVEMENTS TO MUNICIPAL PARKING LOT C, SPECIFICATION 03-11 SUMMARY: On July 16, 2003 the City Council awarded a contract to Ferranti Construction for construction of improvements to parking Lot C. The contact was in the amount of $92,447 and was funded through Redevelopment, Parking District, and North Fire Station Reserve Fund. The work of the contract was completed by the contractor in substantial conformance with the approved plans and specifications on September 16, 2003. The final contract cost based on actual quantities constructed and approved change orders is $93,589.00. Final payment of the 10 percent retention in the amount of $9,438.83 will be made to the contractor after 35 days from the date the Notice of Completion is filed with the County Recorder. RECOMMENDED ACTION: 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Construction of Improvements to Municipal Parking Lot C, Specification No. 03-11. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry W. DeKnoblough, Director of Community Services l,--J~ ~ Candace Horsley, City Manager and Rick Seanor, Deputy Director of Public Works 1. Notice of Completion Can-d--~ce Hor~ley, City M~ger ParkingLotC NOC.Asr Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE IS HEREBY GIVEN' NOTICE OF COMPLETION , That the real property described is owned by the following whose address is' City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482- 5400 . That the nature of the title to the Construction of Improvements to Municipal Parking Lot C, Specification No. 03-11 of all said owners is that of fee simple. . That on the 16th day of September 2003, the Contract work for this project was actually completed. . That the name and address of the Contractor is Ferranti Construction P.O. Box 259, Redwood Valley, CA 95470. , That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows' City-owned property identified as Parking Lot C within the City of Ukiah. City Council Approval CITY OF UKIAH, a Municipal Corporation By: DATE Marie Ulvila, Deputy City Clerk DATE STATE OF CALIFORNIA) COUNTY OF MENDOCINO) I, Marie Ulvila, being duly sworn says' That she is the Deputy Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the content thereof and the same is true of her own knowledge. Marie Ulvila, Deputy City Clerk Subscribed and sworn before me, Gordon Elton, Notary Public, this day of , 2003. Notary Public in and for the County of Mendocino, State of California AGENDA SUMMARY ITEM NO. 8a DATE' October 1, 2003 REPORT SUBJECT: AUTHORIZATION OF CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH W-TRANS, INC., IN THE AMOUNT OF $40,000 FOR COMPLETION OF THE DOWNTOWN PARKING STUDY AND APPROVAL OF BUDGET AMENDMENT Due to the downtown revitalization efforts and resulting significant increase in parking demand, Council directed staff to issue a Request for Proposals seeking consultant services to provide accurate and detailed analysis of existing Downtown parking conditions. The intention is to seek a comprehensive parking study for the Downtown Parking District, which will provide the City with the necessary tools to plan parking improvements well into the future. Council requested the study discuss and make recommendations regarding issues such as distribution and utilization of current public and private resources, time zones and meter locations, current and anticipated future demand, future improvements, possible renovation of the Palace Hotel, and potential funding mechanisms to complete recommended improvements. (Continued on Pa.qe 2) RECOMMENDED ACTION: 1) Authorize City Manager to execute agreement with W-TRANS for professional consulting services to complete the Downtown Parking Study and 2)approve budget to the 2003/04 budqet increasinq expenditures in account 220.4601.250.000 by $20,000 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine approval of agreement with W-TRANS is inappropriate and approve agreement with alternative consulting firm. 2. Determine approval of agreement with any of the three finalist firms is inappropriate at this time and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: N/A N/A Larry W. DeKnoblough, Community Services Director ~ Candace Horsley, City Manager, Diana Steele, City Engineer, Rick Seanor, Deputy Director of Public Works, and Patsy Archibald, Billing Supervisor Attachments: 1. Request for Proposal 2. W-TRANS Proposal 3. TJKM Proposal 4. Wilb- smith and Associates Proposal APPROVED' "- ' y M~nager ParkingStudyBidAward.AS R LD/ZlP2 Staff issued a Request for Proposals (RFP) for a comprehensive downtown parking study to 16 firms and received nine proposals, ranging in price from $29,810 to $55,510. All proposals were rated by a review committee consisting of Deputy Director of Public Works, City Engineer, Billing and Collections Supervisor, and Community Services Director. Interviews were scheduled with W- Trans of Santa Rosa, Wilbur Smith and Associates of San Francisco, and TJKM of Santa Rosa. Comparative costs for the three consultants interviewed are Wilbur Smith and Assoc., $30,700, TJKM, $36,721, and W-TRANS, $40,000. All consultants demonstrated adequate expertise to complete the tasks requested in the RFP and provided quality presentations, however, staff was most impressed by the specificity of the W- TRANS presentation. Most notable was the methodology W-TRANS demonstrated in addressing Ukiah's specific issues as well as the research and attention to detail the firm dedicated to Ukiah's unique conditions. Staff was also impressed with W-TRANS enthusiasm for public participation and willingness to meet individually with downtown business owners and organizations such as Main Street and the Downtown Merchants Association. Though the study has been discussed by the City Council, it was not specifically budgeted as the actual cost was unknown in June. Thus a budget amendment is necessary to authorize the expenditure. Since both the Parking District (Fund 220) and Redevelopment Agency Capital Projects (fund 965) will benefit from the data and recommendations presented in the study, staff recommends that the cost be split between the two funds. There is adequate fund balance in both to accommodate this expense. Should Council move to proceed with the study, the amendment to the Redevelopment Agency budget will be presented at the October 15 Agency meeting. The three finalists' proposals are attached for Council's review. Staff believes W-TRANS presented the most effective approach of tailoring the study to best meet local specific issues. W- TRANS has shown staff significant interest in completing the proposed study and has extended great efforts to familiarize themselves with Ukiah's current parking situation. Staff is optimistic at the opportunity to work with this firm throughout the study and is recommending approval of the acquisition of consultant services from W-TRANS and authorization for the City Manager to execute the agreement in the amount of $40,000. CITY OF UKIAH REQUEST FOR PROPOSAL DOWNTOWN PARKING IMPROVEMENT DISTRICT PARKING IMPROVEMENT STUDY PROPOSAL DUE AUGUST 18, 2003 I. INTRODUCTION The City of Ukiah is seeking a consultant to perform a study of available parking resources, evaluate existing conditions and make specific recommendations for improvements and related costs to its Downtown Parking District. The City anticipates that the end product of the work requested in this RFP will culminate in a plan to guide parking planning and implementation in Ukiah for the next twenty years. The Consultant's analysis, conclusions and recommendations shall be summarized in a written report with appropriate narrative text, tabular materials and illustrative graphics in such a manner as to be easily discernible to the public and City staff. All proposals must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Monday August 18, 2003. H. BACKGROUND The City of Ukiah is located approximately 60 miles north of Santa Rosa, CA on the Highway 101 corridor with a full time population of 15,070 people. Ukiah is also the retail service hub to an area reaching a 50mile perimeter and a daytime service population exceeding 35,000 people. As the county seat in an essentially rural county, Ukiah experiences dramatic increases and fluctuations in the number of people entering the downtown for a wide variety of legal, professional and retail services Monday through Friday. These populations are subject to even greater fluctuation contingent upon the degree and notoriety of activity in the Courts, which are located downtown. Ukiah's downtown parking district includes six public lots and approximately 1,400 parking spaces. A map of the district is provided in Exhibit "A". These spaces are regulated by various time zones ranging from ninety minutes to five hours and meters providing parking from ten minutes to ten hours. In 1995 the City and Redevelopment Agency adopted a Downtown Parking Improvement Program with the primary goal of improving organization and utilization of existing on-street and off-street parking resources. Since then, the City has adopted several changes including agreements with the County of Mendocino and Superior Courts for permitted parking for employees and jurors in municipal lots. These agreements have successfully removed a significant workforce and fluctuating jury population to either off-street or long term parking outside the downtown retail core. However, demand appears to be rising, waiting lists for monthly permits are increasing, 'and based upon input from merchants and the public, the time limitations as allocated are in need of re~ organization. In addition, the historic Palace Hotel, located in the center of downtown and exceeding 50,000 square feet has been vacant for more than ten years. The building is zero lot line construction, occupies one-half city block, and has no on-site parking. Because the building is within the Parking District no on-site parking will be required should the hotel be renovated. These changes and public input have prompted the City to reevaluate parking management in and around the Parking District. Accordingly, the City desires to retain a consultant to evaluate existing parking issues and provide recommendations as to future management, needs, and improvements. 2of5 Several programs have been prepared including the Downtown Master Plan, Downtown Parking Improvement Program, and the Ukiah General Plan that will be of use to the selected consultant. These documents will be made available to the selected consultant. III. SCOPE OF SERVICES The scope of this Parking Study shall include tasks described below, as well as other elements or modifications, which may be suggested by consuitants presenting proposals to better meet the needs of the City. All services shall be provided in accordance with the City's standard Professional Services Agreement, a sample of which is attached as "Exhibit B" to this request for proposal. The Consultant's evaluation shall include, but not be limited to the following: · Identify the total number of public parking spaces within the parking district · Identii~ the number of privately owned, public parking spaces within the district · Identify and map the existing time zones, meter locations, and municipal lots in and around the parking district · Identify improvements to be made to resolve the problem areas · Identify costs associated with each of the solutions · Evaluate the future conditions based on anticipated growth and identify any problems that may arise when growth occurs · Identify improvements to be made to accommodate future growth · Identify costs associated with improvements needed to accommodate growth · Prepare a description of phased implementation, including recommendations for prioritization · Identify potential sources to fund recommended improvements and provide recommendations to secure funding from the identified sources · Identify any impacts from renovation and reopening of the Palace Hotel and include mitigations in recommendations · Summarize all findings in a report to be presented and adopted by the City Council. Consultant shall be required to meet with the Downtown Merchants Association and Ukiah Main Street Program to discuss parking issues and assist City staff in conducting a public meeting to determine public perception of parking issues downtown. The Consultant should expect to attend a minimum of three (3) public meetings, including a presentation to the City Council. The Consultant should provide an estimated cost per extra meeting (assuming each meeting is 2 hours) in their proposal. Based on the above general information, the City has prepared this Request for Proposals for distribution to consultants. Ail related information necessary to submit a proposal is provided in the following pages for your consideration. 3 of 5 IV. INSURANCE REQUIREMENTS The insurance requirements are set forth in "Exhibit B". V. PROPOSAL REQUIREMENTS Written proposals must include responses to the following: A. Project approach and schedule. Describe the proposed approach and procedures to be used in completing the tasks described in the Scope of Services capable of meeting the City's expectations for the products. Include a proposed schedule showing completion of the various tasks or milestones. The final agreement with the consultant will include a schedule for completion of the major milestones based upon selected consultant's schedule. The City's review periods will not be counted against the time of completion for the various tasks or milestones. Gl Project team. Describe the qualifications and experience of the firm, related to the project, and the proposed staff to be assigned to this project. Describe the qualifications and experience of any proposed sub-consultants and identify the tasks or sub-tasks to be assigned to them. Firms, sub-consultants and proposed staff must demonstrate experience with similar projects. Firms shall include a list of similar projects that each of the project team members has worked on. Staff proposed to be in charge of the study must demonstrate significant experience supervising similar studies. Describe the proposed team organization, current and previous work assignments, and man- hours budgeted for each team member. Fee proposal. Propose a fee proposal based on an hourly rate schedule with a "not to exceed" maximum cost for all work identified in the Scope of Services. Include a copy of your firm's current itemized hourly rate fee schedule. Indicate if travel time, mileage, and per diem will be charged. Include any sub-consultant cost. Provide a breakdown of the proposed fee by task in accordance with the tasks defined in the Consultants Proposed Scope of Services. Additionally, provide budgets for any mileage, reproduction, photos, etc., which are not associated with strict hourly rates. The final agreement will include a payment schedule including the following provisions: 4 of 5 De Payment will be on a completion of milestone (tasks) basis in accordance with the consultant's attached fee schedule and payments will be made as the work progresses. The total payment for completion of all the tasks included in the agreement shall not exceed the agreed upon "not to exceed" amount. . Part of the completion of any' associated major milestones or tasks (set· percentage of the total payment) will be determined from the consultant's s,.~bmitted fee schedule and, if applicable, be negotiated before the final agreement. References Provide a list of at least three client references that have received services from your firm on similar projects. Include client references for any proposed sub-consultants. Provide names of contact person, addresses and telephone numbers for all references. me Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements and/or the City's contract provisions as shown in the attached exhibits, the Consultant should list the exceptions in the proposal. VI. PROPOSAL SUBMISSION DEADLINES Nine (9) copies of the proposal must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Monday August 18, 2003. SUBMIT PROPOSALS TO: Marie Ulvila, City Clerk City of Ukiah 300 Seminary Dr. Ukiah, California 95482 Any questions regarding this request for proposal may be directed to Mr. Larry Deknobiough, Assistant Redevelopment Director at (707) 463-6284. VH. RIGHT OF REFUSAL The City reserves the right to reject any and all proposals without qualifications. Proposals will be considered only in their entirety. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis. Written proposals submitted by the deadline will be evaluated based upon qualifications, experience, ability to perform within the allotted time and understanding of the project. The City anticipates conducting interviews with the top ranked finalists. 5of5 AGENDA 1TEM NO: MEETING DATE: 8b October 1, 2003 SUMMARY REPORT SUB3ECT: DISCUSSZON AND POSSTBLE SELECTZON OF BALLOT MEASURES FOR THE MARCH 2, 2004 PRZMARY ELECTZON The City Council determined at their May 21, 2003 meeting that, if the City chose to include ballot measures on an election, it would participate in the March 2, 2004 primary election. Attached for Council's information is the tentative calendar for the March 2nd Presidential Primary Election. Ballot measures must be delivered to the County offices prior to the December 2nd Supervisors' meeting in order for the measures to qualify for the ballot. Staff is bringing this item to the Council to make a final determination regarding what ballot measures, if any, will be selected, so that the appropriate documents can be prepared for delivery to the County in November in order to qualify for the December 2 agenda. Attached are the May 21 agenda summary report and minutes from that meeting, as well as the minutes from the April 2 meeting, which describe the Council's previous discussions concerning these issues. (Continued on page 2) RECOMMENDED ACT]:ON: Discuss potential ballot measures and provide direction to staff. ALTERNAT:[VE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City CoUncil Candace Horsley, City Manager N/A 1. March 2 Election Schedule 2. Agenda and minutes from IVlay 21, 2003 Council meeting 3. Staff report from April 2, 2003 Council meeting Approved: ~, .~ ~,~~ Candace Horsley, Ciht r,~ager 4:CAN/ASR.BalloUVleasures. 100103 ~ Council has considered a variety of potential ballot measures, including elimination of the elected Mayor and/or changing the term of the elected Mayor, increasing sales tax for public safety purposes, funding for trails and parks, and modifying the City Clerk's job description and salary and/or again placing the issue of whether the City Clerk's position should be elected or appointed. Deputy City Clerk IVlarie Ulvila will be giving an oral report of the latest trends in this area. Staff is requesting Council's discussion and final determination on these issues, so that we may prepare the necessary documents and final wording for Council approval. JUN-06-2003 15:03 MENDO COU CLERK RECORDER ?0?463425? P.01×01 IMPORTANT DATES FOR CANDIDATES ~ PRESIDENTIAL PRIMARY ELECTION, MAR~ 2, 2004 Sept 26, ~-,tm ~ First day to circulate signatures in lieu of filing fees .... i I I ...... II I · I iI ! ill III III II I Nov 5 Last day for Partisan & Independent State Constitutional, Legislative, Judicial & Insurance Commissioner Candidates to circulate signatur~ in lieu of filing fee Nov 20 L~t day for US Senate, US Congressional & all other Csndidates to circulate signatures in lieu of filing fecs ~. Oct 27 - Nov 5 Declarations of Intention duc for Stat~ Constitutional, l.~gi~lative, J'udiciali& Insurance Commissioner ........ ,,1 11111 · I II iii ! I IIIIII II i -. Nov 6- Nov 10 D~clarations of l~tention Extension Period For Candidates other than~ the incumber to file if incm~al~nt f~il~! to file ! I I I I II II i I II II Nov 10 Fimt day to file De¢l~-ation of Candidacy and Nomination ~ (I~adline - ,,. il ! II I IIII II II III III I II III Dec 5 Last day to file Candidacy & Nomination paper~. Close of Candidat~ Filing ~ P~riod. I.~ day to submit Candidate's S~t~ment of Qu~fi~tiom (must !l~ filed II I I! I II 1 ,. i · II II I III I II I Dec 6 - Dec 10 Deolaration of Candidacy & Nomination papers Extension Period for Filing for non-State Comtimtional, l~gislativ¢. Judicial & Insur~ Commi-~sioner C~didates (other than the incumber) when incuml~m failed to file " ....... · ! i II II I Ill I I ulll fl ....... I~ 8 L~ da7 to withdraw a Candidate', Star,aero of Qualificafiom (unle~ eXtension period enacted - deadline December 11) ........... ~ ....... Jan 5 - Feb 17, ga~/, Candidates filing as Write4n Candidate due during this period:' .......... , · IIII II I1! II I~ ~ ~ ! II ! I1! ,,, ~ Feb 2 First day absentee ballots are available ..... , ~ ........ Feb 16' Last day to register to vote ...... · .......... '" Feb 17 La~ day for write-in candidates ....... i i iiii i I I i i i m I II II . II II I Feb 24 Last day t° receive absentee ballot applications .... .... ,,,,~ . . ,,,~, M~ch 2 ELECTION DAY : ........ Il I · III I Il Ill . IIII I .... ~ Ill ~ ...... IIIII . II II *Deadline falls on a holiday and in most cases will be mov~ to the next business day. TOTRL P.O1 AGENDA ITEM NO: 9¢ MEETING DATE: May 21, 2003 S U I~!~1A RY REPORT SUB3ECT: SELECTION OF POTENTIAL BALLOT f4EASURES AND ELECTION DATE PREFERENCE At the April 2, 2003 Council meeting, the City Council received information from the City Attorney regarding wording for a potential ballot measure, which requests the citizens to determine whether the Mayor's position should be appointed or elected. The final wording approved by the Council was, "Shall the elective office of Mayor be eliminated and therefore be appointed by the City Councilmembers, all of whom serve four year terms?" The Council requested that staff bring back this issue with further information regarding the November 2003 and March 2004 elections and to discuss if there were any other ballot measures that the Council would like to have placed on the ballot. ( Cont/nued on page 2) RECOMMENDED ACTION: Discuss potential ballot measures and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by.' Coordinated with: Attachments: N/A City Council Candace Horsley, City Manager N/A 1. Election Schedule 2. Minutes of April 2, 2003 City Council Meeting Approved: Candace Horsley, Cit~Manager 4:CAN/ASR. Ballot. S2103 The November 2003 election will include all special districts and schools. The IVlarch 2004 election is scheduled for the Presidential and Board of Supervisor primaries. The tentative calendar for the November 4, 2003 consolidated districts election has been developed and is included for Council's information. ]:f the Council chooses to place ballot measures on the November 4 election, the County Clerk will need to receive our resolution by .]uly 8, 2003. The City Clerk contacted the County Clerk's office and was informed that the County Clerk will be presenting an agenda item to the Board of Supervisors in late May for authorization to purchase a new electronic ballot system. This would eliminate the current punch-card system with either a touch-screen or optic scan process. :If the Board of Supervisors approves this change, the County Clerk will begin negotiations with the vendor for purchase of the machines. ]:f this process is not completed by the November election, it will not be included in the costs of the election until March 2004. The estimated cost for the City's participation in the November election, without the additional expense of new voting equipment, is $6,500 to $10,000. Staff is requesting Council's discussion of what ballot measures, if any, they would like to include in either the November 2003 or March 2004 election. Council may also like to have further information and dialogue regarding instant runoff voting and its implications. ]:f desired, staff would return to the next Council meeting with background materials on this topic. if they wanted to change the procedures used for other commissions, staff can alway, bring it back and do that. M/S Baldwin/Rodin withdrawing the motion. M/S Baldwin/Rodin amending Ordinance 1046, and th; "Members shall be appointed according to procedures e City Council" and deleting Section 1022. )n 1021 shall read, ad by Resolution of the Councilmember Smith advised that he is o believes it will create extra work for staff Commission is already established. to the resolution because he that a Parks, Recreation and Golf Councilmember Baldwin read the dutk and powers of the new Commission. Mayor Larson advised that he is o to the creation of a new Commission and felt it would create an additional finan burden on the City. Councilmember Rodin ex her support for the Commission and hoped that members of the Council Id appoint members who have expertise in issues concerning open space acquiring the resources to protect open space in the valley so that we don't have entirely rely on staff and burden them with more work. She felt this is an important of the General Plan that needs to be addressed. Councilm~ Andersen expressed his support for the Commission and hoped the Commission 'ould move forward and do this important work. Motion Baldwi ABS by the following roll call vote: Rodin, Andersen, and Vice-Mayor NOES: Councilmember Smith and Mayor Larson. ABSTAIN: None. None. Ci(y Manager Horsley requested that she be allowed to question Council on this matter later in the meeting in order to clarify some issues. 9. UNFINISHED BUSINESS 9b. Wordinq for Measure Eliminating Position of Elective Mayor and Effect of Conducting Election in November 2003 or March 2004 City Attorney Rapport advised that he was asked by the City Council to review proposed wording for a 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 2OO4. City Manager Horsley explained that staff would need to evaluate the costs for an election in November 2003, or March or November 2004, as well as what the various issues would be at those elections, in order to determine which election Council would like to present the measure to the voters. Councilmember Andersen inquired if there is anything in the measure that would designate how the terms of the City Council would be staggered. He assumed that one year there would be three Councilmembers running for office and the next election would have two Councilmembers. Discussion followed with regard to the November 2003, March 2004, and November 2004 election dates. It was noted by Staff that it would be advisable to participate in the election where there is the most agencies involved to reduce the City's share of cost for the election. It was also noted that Council is only considering wording of the measure at this time, not an actual election date. Councilmember Rodin inquired of the City Attorney concerning the proposed wording of the measure and recommended the wording be changed to "Shall the elective office of Mayor be eliminated and thereafter be appointed by the City Council from among the five elected City Council members, all of whom serve four year terms?" City Attorney Rapport advised that the change in wording would be acceptable. Councilmember Andersen was of the opinion that the office of Mayor should be elected and felt that the Council should have appointed the third highest vote getter to the vacant Council seat at the November 2002 election He felt it is important to have someone who is the figurehead of the community, attends a lot of events, and speaks for the community. Councilmember Smith thought it important that the electorate have the opportunity to elect all five Councilmembers. They did not in the last election and the City Council appointed the fifth member.' 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 four-year Mayor and elect the Mayor separately. Mayor Larson advised that his original intention was to appoint a commission to delve into this and other election issues and come up with a better overall strategy for making the City's selection process more democratic. However, he felt there is a consensus to move forward on this. M/S Rodin/Smith approving wording for a ballot measure of "Shall the elective office of Mayor be eliminated and thereafter be appointed by the City Council members, all of whom serve four year terms?" to appear on the ballot of November 2003 or March 2004, carried by the following roll call vote: AYES: Councilmembers Rodin, Smith, Baldwin, and Mayor Larson. NOES: Councilmember Andersen. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Discussion and Possible Action Regarding Bill of Rights Resolution City Manager Horsley advised that Jan Moore, representing the County Bill of Rights Defense Committee, requested the City Council consida proposed Bill of Rights Resolution. The Committee is concerned that there been an erosion of constitutional rights since the passage of the USA Patriot Peter Good, 418 W. Mill, advised that he is supporti the Resolution and provided the City Clerk with signatures of numerous individu, who signed a petition. Those speaking in support of the proposed 3n were Keith White Wolf James (1300 W. Clay St.), Dotty Coplen, J~ Moore, Ms. Jessie Adams (Hopland resident), Dan Hamburg (1330 Boonvil Road), Tom Johnson (407 W. Mill St.), Scott Miller (408 W. Mill St.), Karen Rifk (645 Walnut Ave.), Jim Werne (817 North Oak Street), Katrina Rolzinski, (402 Stephenson), Karen Rosen (1304 W. Clay St.), and Jay Twigg (66 Leslie St.). Terry McEntee, 14 Lorrai~ it is not the position of about a national issu~ Street, voiced his opposition to the Resolution and felt that City Council or the County to speak for all citizens of Ukiah Councilmembe issue. inquired if staff had researched the pros and cons of the City Ma~er Horsley responded by saying "no". ./ Ci~~0rney Rapport explained that the proposed Resolution needs to be formatted t~the City's Resolutions. It would need a Resolution number, title, and the enacting Regular City Council Meeting April 2, 2003 Page 7 of 13 improvements, or increased maintenance? Would you support a valley wide parks and recreation district (a tax supported district)? Councilmember Andersen: Recommended asking questions concerning bike lanes and sidewalks. Mayor Larson: Should the City proceed to improve pedestrian sidewalks in both commercial and residential areas? Should the City be creating jobs? Do people understand that there is a direct correlation between water processing and wastewater treatment that the City is obligated to provide? Do citizens understand that there may be a necessity in the future for taxpayers to pay for future water, and wastewater treatment, and other basic services at an increase in fees? Councilmember Andersen: Recommended a question be asked of the citizens regarding their level of satisfaction with the City utilities, such as power outages, upgrading the utilities, water issues could also be included. City Manager Horsley: In terms of a fee increase for utilities, would the public be willing to pay more to underground utilities? Councilmember Baldwin: To what extent are the City's constituents supportive of fee increases to create a significant new water source for the Ukiah valley? How are we going to pay for the $40 million wastewater treatment plant expansion? He advised that he would support Mayor Larson working with the City Manager to finalize a list of priority questions. Mayor Larson preferred to obtain more staff input and compile a list, then prioritize the list. He would then submit the list to the Council for review and comment. It would then be submitted. 1 UNFINISHED BUSINESS Selection of Potential Ballot Measures and Election Date Preference 2A-28 City Manager Horsley advised that at the April 2, 2003 Council meeting, the City Council received information from the City Attorney regarding wording for a potential ballot measure, which requests the citizens to determine whether the Mayor's position should be appointed or elected. She expressed the need for Council to. discuss what it wants to have on the ballot. There is a deadline for the November 2003 election to provide a Resolution to the Board of Supervisors by July 8th requesting a consolidated election. If approved by Council, staff would begin working on the Resolution and associated documents. Discussion followed concerning the pros and cons of placing a ballot measure on the November 2003 or the March 2004 elections. It was felt by some Councilmembers that there would be more voters at the polls in March since it would be a presidential primary. Regular City Council Meeting May 21,2003 Page 7 of 16 City Clerk Ulvila advised that the City's share of costs would be greater in March because Special Districts, School Districts, and County elections would take place in November. Discussion continued with regard to instant run off voting and it was noted that there isn't any way for the City to do that at the current time. Implementation of a new voting system for the County was discussed and it was noted that there would be additional election costs once it is put into service. Councilmember Andersen proposed an alternative ballot measure giving the voters the option to increase the term of Mayor from two years to four years. He felt that it would be better than eliminating the office of elected Mayor altogether and making it appointed from the Council. City Attorney Rapport explained that the last time this issue was on the ballot they provided several options and it was one of the criticisms the City received from people. They wanted it to be more focused and present a single choice to the voters rather than giving them multiple choices, which tends to confuse the outcome. Councilmember Baldwin was supportive of two competing measures on the ballot in order to give the people more choice. Mayor Larson discussed the personal commitment of someone serving as Mayor for two years compared to a four-year term. He would be supportive of including it on the ballot if they could assure him that it's not going to conflict and take away from the main question on the ballot. He supported putting the issue on the ballot as to whether the Mayor should be elected separately. Councilmember Rodin was of the opinion that people are tired of the vacancy and appointment issue and it seems like they want it changed. She preferred to move forward with the wording that Council previously chose for the measure and place it before the voters. It was the consensus of the Council to look at March 2004 as the target election date to present the measure to the voters. 10. NEW BUSINESS 10a. Adoption of Resolution Making Appointments to the Paths, Open Space, and Creeks Commission 2A-189 City Clerk Ulvila advised that eleven applicants were interviewed by the City Council earlier in the evening for the five vacant seats on the newly created Paths, Open Space, and Creeks Commission. Three seats must be City of Ukiah residents and two members may live within the Sphere of Influence. Discussion followed with regard to the nomination process. The matter of Robert Clark's residency was discussed and it was the consensus of Council to allow Mr. Regular City Council Meeting May 21,2003 Page 8 of 16 AGENDA ITEM NO: MEETING DATE: SUf4MARY REPORT 8c October 1, 2003 SUB.1ECT: DISCUSSION AND CONSIDERATION OF REVISION TO INLAND WATER AND POWER COMMISSION'S .1PA The Mendocino County Board of Supervisors has requested revisions to the Inland Water and Power Commission's (IWPC) ]PA. Attached, please find the requested changes, as delineated on the revised ]PA agreement that was sent by the County Water Agency to IWPC. Please also refer to the letter from IWPC attorney Tony Rossmann, which is attached, in regards to these requested revisions. This item has been placed on the agenda for consideration by the Council. Vice-Mayor Baldwin, representative to the IWPC, will be leading the discussion on this item, asking for Council's direction on the impact of these changes and to provide direction as to which changes, if any, are acceptable. City Attorney Dave Rapport will also be giving his viewpoint on the requested revisions at the Council meeting. RECOMMENDED ACTION: Discuss and provide direction to staff, ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A 1. Revised IWPC ]PA 2. Letter from Tony Rossmann Approved"- can~ace H(~rsle~/, CityX~anager ~: CAN/ASR.IWPAjpa.92303 PROPOSED AMENDMENTS 6-16-03 BOS AGREEMENT # 96-156 JOINT EXERCISE OF POWERS AGREEMENT FOR THE FORMATION AND IMPLEMENTATION OF THE MENDOCINO COUNTY INLAND WATGER AND POWER COMMISSION (COMMISSION) THIS JOINT EXERCISE OF POWERS AGREEMENT, is made and entered into by and between the following Public Agencies within the State of California, that is, Mendocino County Water Agency, (Water Agency), Mendocino County Russian River Flood Control & Water Conservation Improvement District (Flood Control), Redwood Valley County Water District (Redwood), the Potter Valley Irrigation District (PVID), and City of Ukiah (Ukiah). The foregoing parties are collectively referred to herein as "the Signatories". RECITALS: This Agreement is made with reference to the following facts: A. WHEREAS, the Russian River and its tributaries are valuable resources vital to economic development, environmental quality and general well being of the signatories and their constituents. B. WHEREAS, the Eel River diversions into the Russian River Watershed are absolutely vital to that economic development, environmental quality and general well being; C. WHEREAS, the signatories recognize that a united voice is required of all of the signatories when it comes to issues relating to (1) the continued Eel River Diversion; and (2) the viability of the PG&E Potter Valley Project; and (3) the potential sale by Pacific Gas & Electric (PG&E) of the Potter Valley Project; and (4) to conduct negotiations and enter into agreements with agencies and entities located outside Mendocino County and with the State and Federal Government respecting Eel River and Russian River Waters. D. WHEREAS, this Commission will require financial resources to pay the costs of administration thereof and the cost of acquisition of water works, power works and related assets, as may from time to time become necessary. E. WHEREAS, Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California authorizes the joint exercise by agreement of two or more public agencies of any power common to them. F. WHEREAS, pursuant to Section 25680 et seq. of the Government Code, the parties hereto possess in common the power to study, discuss, formulate and recommend policies, action plans, and procedures for (1) the acquisition of water works and power plants and related assets and rights; and (2) to undertake any act necessary for preservation of the continued Eel River diversion into the Russian River watershed; and (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; and (4) to purchase or otherwise acquire the same; and (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting Eel River and Russian River Waters. G. WHEREAS, the parties hereto recognize that the exigencies of the problems in this area and within their respective jurisdictions require that they and coordinate their efforts in solving said problems by entering into this agreement to provide for the joint exercise of their said powers in aiding and assisting in (1) the acquisition of water works and power plants and related assets and rights; and (2) to undertake any act necessary for preservation of the continued Eel River diversion into the Russian River watershed; and (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; and (4) to purchase or otherwise acquire the same; and (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting, Eel River and Russian River Waters; and (6) to formally establish a joint powers agreement to formulate, implement and execute such a plan, and to officially establish and structure the Board of Directors of said Joint Powers Agency; NOW, THEREFORE, in consideration of the mutual benefits, covenants and agreements set forth herein, the parties hereto agree as follows; ARTICLE I - AUTHORITY SECTION 1.01. Legal Authority. This Joint Exercise of Powers Agreement is made under the authority of Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California. ARTICLE II - DEFINITIONS SECTION 2.01. General. Unless the context otherwise requires, the words and terms defined in this Article II shall, for the purposes hereof, have the meaning specified below; SECTION 2.02. Act. "Act" means Title I, Division 7, Chapter 5 (commencing with Section 6500) of the Government Code of the State of California. SECTION 2.03. Commission. "Commission" means the Mendocino Inland Water and Power Commission created pursuant to this agreement. SECTION 2.04, Fiscal Year. "Fiscal Year" means the period from July 1 to and including the following June 30. SECTION 2.05. Board of Directors. "Board of Directors" means the governing board of the Commission established pursuant to this agreement. SECTION 2.06. State. "State" means the State of California. SECTION 2.07. Administrative Expense. "Administrative Expense" means those sums of money required to be expended by the Commission from an administrative expense fund, to be established and maintained by the Commission, to finance those costs of administering this agreement and for carrying out the powers and functions authorized in this agreement, which is not payable from the proceeds of either State or Federal grants. SECTION 2.08. Member. "Member" means a member of the Board of Directors of the Commission and includes an alternate 4 member. SECTION 2.09. Eel River and Russian River Waters. "Eel River and Russian River Waters" means any water originating in, or ~ ~._,4 ~ · .... ,.,.g:~£1owzn through the territory of this commission in the Eel River ~,~.or Russian River watersheds. SECTION 2.10. Potter Valley Project. "Potter Valley Project" means all of the real and personal property and other assets and works operated by Pacific Gas & Electric Company in connection with Federal Energy Regulatory Commission, Project No. 77. SECTION 2.11. NEW WATER. "New Water" means the development of additional water for appropriation either by diverting or storing water not already subject to a valid water right. SECTION 2.12 MEMBER AGENCY. "Member Agency" means an Agency which has signed and become a party to this Agreement. SECTION 2.13 SURPLUS FUNDS. "Surplus funds" means funds of the Commission which are not needed for its current operations (existing monthly expenses or expenses it will incur within ninety [90] days), to satisfy short rem debt (debts due and payable within ninety [90] days), or obligated under the terms of project specific participation agreements as authorized by Section 6.02(A) (5) or other valid agreements of the Commission. GENDER: Where the masculine gender is used in this document it shall be interpreted as referring to both masculine and feminine gender. ARTICLE III - PURPOSE SECTION 3.01. Purpose. It is the purpose of this agreement to provide a united, coordinated, orderly, positive and more effective means for the following purposes: (1) the acquisition of water works and power plant and related assets and rights; and (2) to undertake any act necessary for preservation of the continued Eel River diversions into the Russian River watershed; and (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; and (4) to purchase or otherwise acquire the same; and (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting Eel River and Russian River Waters; and (6) to create sinking funds, and; (7) to raise the funds necessary to support the administration of the commission by taxes, bonds, benefits of assessment, user fees and by all other legal means and to otherwise support the purposes of this agreement for the general benefit of all the citizens of the signatories by (8) establishing a separate Mendocino Inland Water and Power Commission; and (9) by vesting this Commission with power (a) to effectively coordinate the formulation, administration and implementation of the purposes of this agreement; and (10) to establish appropriate operating and advisory committees to conduct public hearings, to assist the Commission in carrying out the foregoing purposes and to assist the Commission in the implementation of projects and programs to carry out the purposes of this agreement. ARTICLE IV - FORMATION AND ORGANIZATION SECTION 4.01. Creation of Commission. Pursuant to the Act, there is hereby created a public entity to be known as the "Mendocino Inland Water and Power Commission", herein called "Commission". The Commission is a public entity, separate and apart from the parties to this agreement and said Commission shall administer this agreement. SECTION 4.02. Governing Board. The Commission shall be governed by a Board of Directors composed of members from the governing board of each of the following public entities (1) the Water Agency one member, (2) PVID one member, (3) Redwood one member, and (4) Flood Control one member, and (5) Ukiah one member. SECTION 4.03. Alternates. The Water Agency, PVID, Redwood, Flood Control and the City shall also appoint from its respective governing board, one alternate member of the Board of Directors. The alternate may attend and participate in, but not vote, at any meeting of the Board of Directors of the Commission. The alternate may take the seat of the regular member at the commission table and may vote at any meeting of the Board of Directors of the Commission at which the regular member from the alternate's public entity is absent. SECTION 4.04 Membership. A. Each member (and alternate member) shall serve at the pleasure of the appointing public entity. If a person serving as a member (or alternate) ceases to be a member of the governing board of the public entity that appointed such person to serve as a member (or alternate) on the Board of Directors of the Commission, he or she shall at the same time cease to be a member (or alternate) of the Board of Directors of the Commission. Such public entity shall proceed without undue delay to appoint a new member (or alternate) as the case may be. B. Ail voting power of the Commission shall reside in the Board of Directors. C. A member of the governing board of the public entity that appointed such person as a member of the Board of Directors of the Commission may serve simultaneously as a member of the governing board of such appointing public entity and as a member of the Board of Directors of the Commission. D. No person while serving as a member of the Board of Directors of the Commission shall be eligible to be appointed to any salaried office or employment in the service of the Commission nor shall he or she become eligible for such appointment within three years after he or she has ceased to be a member of the Board of Directors of the Commission. E. The members of the Board of Directors of the Commission shall serve without compensation. This shall not affect in any way remuneration received by a local public official who, in addition to his/her responsibilities as a local public official, serves as a member of the Board of Directors of the Commission. All members of the Board of Directors of the Commission may be reimbursed for reasonable and necessary expenses incurred in the performance of their duties as such members. Reimbursement of expenses shall be subject to approval of the Board of Directors of the Commission. SECTION 4.05. Regular Meetings. The Board of Directors shall provide for its regular meetings. The date, hour, and place of the holding of regular meetings shall be fixed by resolution of the Board of Directors, and a copy of such resolution shall be filed with each party hereto. SECTION 4.06. Ralph M. Brown Act. Ail meetings of the Board of Directors, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code of the State of California). 10 SECTION 4.07. Minutes. The secretary of the Commission shall cause to be kept minutes of the meetings of the Board of Directors and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors and to each public entity that is a party to this agreement for approval at the next regular meeting of the Commission. SECTION 4.08. Quorum. Three (3) members of the Board of Directors shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn, from ~ ti~e to time. An affirmative vote of at least three (3) members of the Board of Directors shall be required to take action on all matters. SECTION 4.09. Rules. The Board of Directors of the Commission may adopt, from time to time, such by-laws, rules and regulations for the conduct of its meetings and affairs as are necessary For the purposes hereof. SECTION 4.10. Office. The Board of Directors of the Commission may establish and maintain an office within the territory encompassed by the Commission as it deems will best facilitate the accomplishment of the objectives and purposes of the Commission. SECTION 4.11. Boundaries. The Commission shall encompass (1) all of the territory within and between the geographical boundaries of PVID, Redwood and Flood Control; and (2) it shall include all real property located in Mendocino County within the watershed of Eel River from the Mendocino County/Lake 11 County Line on the East to the toe of Cape ~!~c~!~!r~!~ Horn Dam on the West; and (3) the Potter Valley Project tunnel from Van Arsdale Reservoir on the North to the PG&E Power House in Potter Valley on the South. Immediately after the Commission is created and the first Board appointed the Board shall instruct an engineer to prepare a metes and bounds legal description and a map showing the exterior boundaries of the Commission boundaries if it is required by law to do so or if the Commission deems it appropriate. The Commission may expand those boundaries as the Commission may from time to time see fit. If the boundaries of a signatory (other than the County) expand by annexation or merger beyond th~ original boundaries of the Commission boundaries then the Commission boundaries will automatically extend to the signatories new boundary. ARTICLE V - OFFICERS AND EMPLOYEES SECTION 5.01. Chairman, Vice-Chairman and Secretary. The Board of Directors shall elect a Chairman and Vice Chairman from among its members at its first meeting. Thereafter at its first meeting in each succeeding calendar year, the Board of Directors shall elect a Chairman and Vice Chairman. Each officer shall assume the duties of his/her office upon election. If either the Chairman or the Vice Chairman ceases to be a member, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs. The Chairman shall preside at and conduct all meetings of the Board of Directors. 12 A. The Board of Directors shall select a Secretary who may, but need not, be a member of the Board of Directors. The Secretary shall serve at the pleasure of the Board of Directors and shall perform those duties and functions customary to the office of Secretary of a public entity. B. The Chairman shall sign all contracts on behalf of the Commission and perform such other duties as may be imposed by the Board of Directors. C. The Vice Chairman shall act, sign contracts, and perform all of the Chairman's duties in the absence from the County of Mendocino of the Chairman and in the event the Chairman is not able to so act due to reasons of illness, disqualification, or conflict of interest. SECTION 5.02. Treasurer. The Treasurer-Tax Collector of the County of Mendocino is hereby designated as the Treasurer of the Commission and as the depositary to have custody of all the money of the Commission from whatever source. The Auditor- Controller of the County of Mendocino is hereby designated as the Auditor-Controller of the Commission. The Treasurer-Tax Collector and the Auditor-Controller shall have the duties and obligations set forth in Section 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and report of all receipts and disbursements of the Commission. The governing board may select another treasurer or auditor controller after adoption of this Joint Powers Agreement. The Board of Supervisors of the County of Mendocino shall 13 determine the reasonable charges to be made against the Commission for the services of the Treasurer-Tax Collector and Auditor- Controller, such charges not to exceed the actual cost to the County of such services. SECTION 5.03. Bondinq Persons Having Access to Property. From time to time, the parties hereto shall designate the public officers or persons, in addition to the Treasurer-Tax Collector and Auditor-Controller, having charge of handling or having access to any property of the Commission, and shall further designate the respective amounts of the official bonds of the Treasurer and Auditor-Controller and such other persons pursuant to Section 6505.1 of the Act. SECTION 5.04. Engineering and Legal Advisors. The Board of Directors may select, appoint, employ and retain engineering and legal advisors of the Commission, who shall perform such duties as may be prescribed by the Board of Directors. The Board may select an engineer or legal advisor of one of the signatories to serve in these capacities. SECTION 5.05. Other Employees. The Board of Directors shall have the power to appoint and employ such other officers, employees, and may contract with consultants and other professional persons or firms as it considers necessary for the purposes hereof. SECTION 5.06. Compensation. The Board of Directors shall determine the compensation of, and pay from Commission funds (including payment from funds which the Commission may receive from time to time in the form of federal and state grants) the salaries, 14 wages, fees and other compensation of such planning, engineering, legal, financial, or other technical and professional personnel, consultants, and other employees of the Commission. SECTION 5.07. Non-Civil Service. Nothing herein contained shall be construed as making the Commission a department of any party to this agreement or as placing any of the officers, counsel, personnel, or employees of the Commission under any other form of specially protected employment right or status. ARTICLE VI - POWERS SECTION 6.01. Subject to the limitations on the Commissions powers set forth in Section 7.01 of this agreement, the Commission is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers to accomplish the purposes of this agreement including, but not limited to, any Or all of the following: A. As provided in the Act, the Commission shall be a public entity separate from the parties hereto. The Commission shall have the power to aid and assist in the formulation, administration and implementation of: (1) to acquire water works and power plants and related assets and rights; (2) to undertake any act necessary for the preservation of the continued Eel River diversion into the Russian River watershed; (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; 15 (4) to purchase or otherwise acquire the same; (5) to conduct negotiations and enter agreements with persons, agencies and entities located outside of Mendocino County and with State and Federal Governmental agencies respecting Eel River and Russian River Waters; (6) to develop other sources of water for the benefit of the commission's constituents either alone or in conjunction with other agencies; (7) to raise the funds necessary to support the administration o£ the Commission and the purpose of this agreement by (a) imposing taxes, (b) incurring bonded indebtedness and issuing bonds, (c) by levying benefits of assessment, (d) by imposing user Fees, and (e) by securing grants and loans from government agencies and others; (8) to establish appropriate operation and advisory Committees to conduct public hearings, to assist the Commission in carrying out the purposes of the Commission, and to assist the Commission in the implementation of projects and programs to carry out the purposes of the Commission; and (9) to further administer, coordinate, promote, carry out and implement the purposes of this agreement as referred to in Section 3.01 of Article III hereof. B. To make and enter into contracts; C. To employ agents, employees, consultants, and independent contractors; D. To acquire, hold or dispose of real, personal and 16 intangible property, or any interest therein, by deed, purchase, lease, contract, gift, devise, or otherwise; E. To sue and be sued in its own name, except as otherwise provided by law. An action to determine the validity of any contract may be brought pursuant to Chapter 9 (commencing with Section 860) Title 10, Part 2 of the Code of Civil Procedure of the State of California; F. To incur debts, liabilities or obligations, provided that no debt, liability or obligation shall constitute a debt, liability or obligation of any of the separate public entities that are parties to this agreement; provided that the total debts, liabilities or obligations incurred in any fiscal year do not exceed the revenue received in the same fiscal year, unless in the form of a bond properly issued by the Commission; G. To apply for, accept, receive and disburse grants, loans and other financial assistance from any agency of the United States of America or of the State of California, or from any other public agency or from other sources, public or private, and expend such funds for the purposes set forth in this agreement; H. To invest any money, that is not required for the immediate necessities of the Commission, as the Commission determines is advisable, in the same manner and upon the same conditions as apply to local agencies, pursuant to Section 53601 of the Government Code of the State of California; I. To carry out and enforce all the provisions of this agreement; 17 J. To contract for and obtain insurance against any insurable risk reasonably anticipated to result from the exercise of any powers or functions o£ the Commission or the performance of any duties by the officers and employees of the Commission; K. To make, adopt, amend, and repeal its by-laws, rules, ordinances, resolutions and procedural regulations not inconsistent with, and to carry into effect, the powers granted in and purposes of this agreement; L. To perform such duties and functions as may be necessary or appropriate for the coordination of federal or state assisted programs and projects within the siO~$ geographical boundaries cf thc ~cl and Russian ~ivcr watcr~hcd~ as described in Section 4.11; M. To do and perform any and all acts necessary to participate in federal or state assisted projects within, or without, the jurisdictional boundaries of the Commission, including, without limitation, applying for, accepting and. administering grants or other financial assistance from the federal government, the state, or other public agencies, or from any other sources, public or private, for such projects; to sue and expend such funds for any of the purposes as described or referred to in this agreement; and to enter into and carry out contracts or agreements in connection therewith which are not inconsistent with the purposes and powers of the Commission as set forth in this agreement; N. To aid and assist member entities and other public agencies in the application for economic support of appropriate 18 projects and programs; 0. To adopt a seal and alter it at its pleasure; and P. To acquire property through the power of eminent domain. SECTION 6.02(A). Delegated Powers. The signatories delegate to the Commission the right to act on behalf of any and all of the ~O~ g signatories in the following areas: (1) to negotiate for and to purchase or otherwise acquire the Potter Valley Project from PG&E; (2) to undertake any act necessary for the preservation of the continued Eel River diversion into the Russian River watershed; (3) to undertake any act necessary for the maintenance of the viability of the PG&E Potter Valley Project; (4) to undertake any act necessary for and negotiate and otherwise deal with persons, agencies, and entities located outside of Mendocino County and with State and Federal Agencies respecting Eel River and Russian River Water supply issues (as defined in §2.09); (5) to apply for and otherwise develop water and water rights ("a Project") for the benefit of the territory of the Commission, subject to~ a participation agreement among those Member Agencies participating in the Project that sets forth the terms of that participation, including, but not limited to, each Agency's 19 participation In financing the Project, its share of project benefits and debts and its rights and duties, if the participating Member Agency seeks to terminate its participation in the Project or its membership in the Commission. ~,.,,,."'~,...I',,,.. ...4 1 1 I~" .*.'""'"'1 4 ,.~,.4 -F-- ,,. 1,. . 4.-1...'~: ~".,.,..,,.,.,4 ,.. ,4 ,...., ,,..,1`-%,,,...I- 4-.., ~_^,.~..~ . ,.4 ,,.T.,4- 4- ............. 4~.4- 4 .~ 4-1.,,., ,'.."'"'..,.,4 ,..,.,4 ,,-, ,4~ .... .~.~ 4-1-, ,.3 ,,. .-. ._. .-, I SECTION 6.03 Claims. Ail claims and actions for money or damages against the Commission and its officers and employees are governed by Division 3.6 (commencing with Section 810) of Title I of the Government Code of the State of California. The Commission shall be deemed a "public entity" within the meaning of Division 3.6 of Title I of said Government Code. SECTION 6.04. Interests in Contracts. The provisions of Article 4 (commencing with Section lQ90), Article 4.5 (commencing with Section 1100), and Article 4.6 (commencing with Section 1120), Chapter I, Division 4, Title I, and Sections 87100 et seq. of the Government Code of the State of California prohibiting certain financial interests in public contracts and pertaining to conflicts of interest shall apply to the officers, directors, and employees of the Commission. SECTION 6.50. Enforcement by Commission. The Commission is hereby authorized to take any or all legal actions necessary and permitted by law to enforce this agreement. 20 ARTICLE VII - RESTRICTIONS ON POWERS SECTION 7.01. Specific Restrictions. The following specific restrictions on the powers and functions of the Commission shall apply and be observed, by the Commission; A. The Commission shall not interfere in the internal affairs of a member entity. B. The commission shall have no veto power over grant applications submitted to state or federal agencies by a member entity. C. The Commission shall not have the power to acquire, by eminent domain or otherwise, the water or water rights of a signatory hereto nor of any private water rights owners within the Commission's territory. D. The signatories do not delegate to the Commission their respective water, water rights, contracts with third parties or between signatories, nor the right to perform, enforce or negotiate with respect to the same. E. No tax will be imposed upon the citizens of the Commission without prior approval of the Boards of the respective signatories, and compliance with State law. F. The Commission shall not have the power to participate, by intervention or otherwise, in litigation or administrative hearings, between one of the members and any other !i ~' i~i"!.G,'~i~ The provisions of the JPA shall not limit the member agenc~s, in~ any way from exercising~ their full s~atutory auth~,rity, a~ provided in. their enabling Acts, concerning, the development 'of new ~water and new water rights and the.negotiation and entering into cQntracts with local, State and Federal agencies. H,~: Members.of the .JPA may work with each other~.as independent agencie$ iregarding the development of new water and wat~er r. ights and ARTICLE VIII - METHOD OF PROCEDURE 21 SECTION 8.01. Assumption of Responsibilities. Upon completion of the initial organization of the Commission and the selection of a Chairman and Vice Chairman, and the appointment of the Secretary and Engineering and Legal Advisor, the Commission shall proceed to carry out its duties and responsibilities as set forth in this agreement. ARTICLE IX - FINANCIAL AND INSURANCE PROVISIONS SECTION 9.01. Fiscal Year. The fiscal year of the commission shall be from July I of each year to and including June 30 of the following year. SECTION 9.02. Insurance. The Commission shall secure and maintain insurance for personal injury in the minimum amount of $1,000,000 per person and $3,000,000 per incident, or more, and for damage to property of the Commission and others in the minimum amount of $1,000,000 per incident, or more. SECTION 9.03. Contributions. The parties hereto shall each contribute to the Commission within 30 days of approval of this agreement by all five member agencies the sum of $2,000.00. Any financial contributions other than set forth above shall be made only upon approval of the board of the Commission and ratification by the boards of the member agencies. The expenditure of funds contributed to the Commission by the parties hereto shall be used only for ordinary administrative and operating expenses of the Commission and for payment of fees and costs incurred or to be incurred by the Commission in connection with the execution of its purpose. 22 SECTION 9.04. Annual Budqet. A. The Board of Directors of the Commission shall, on or before February 1 of each year, prepare and submit to each party hereto a budget estimate of the expenses of conducting the Commission for the ensuing year. B. The budget estimate shall be in such form as the Board of Directors may prescribe using the guidelines of the California State Controller. The budget estimate shall contain a summary of the fiscal policy of the Commission for the budget year and shall include data showing the relation between the total proposed expenditures and the total anticipated income or other means of financing the budget for the ensuing year, contrasted with the corresponding data for the current year. The budget estimate may include an unappropriated balance item to be available for appropriation in the ensuing fiscal year to meet contingencies other than contingencies resulting from temporary insufficiencies in the revenues of the Commission. C. After submission of the budget estimate, the Board of Directors shall fix a time and a place for hearing by the Board of Directors thereon. At the budget hearing the Board of Directors may increase or decrease any item in the budget estimate and may delete any item therefrom or add any new item thereto. Upon the conclusion of the budget hearing and not later than March 1 of each year the Board of Directors shall approve the budget estimate as submitted to the parties hereto or as revised by 23 the Board of Directors, and thereupon the same shall constitute the final budget for the ensuing fiscal year. The several items of the final budget shall be deemed appropriated for the ensuing fiscal year in the amounts and for the purposes specified in the final budget. SECTION 9.05. Records and Accounts. The Commission shall cause to be kept accurate and correct books of account, showing in detail the costs of administration, bond interest, bond redemption, operation and maintenance, and all financial transactions of the Commission. Said books of account shall be open to inspection at all time during normal working hours by the public or any representative of any of the parties hereto, or by an~ accountant or other person authorized by any party hereto to inspect said books of account. The Auditor-Controller shall, in accordance with Section 6505 of the Act, cause the books of account and other financial records of the Commission to be audited annually. ARTICLE X - TERMINATION SECTION 10.01. Term. This agreement shall be effective 30 days after this agreement is approved by each of the member agencies, and shall continue until rescinded or terminated by agreement of all the parties hereto, provided that termination shall not occur less than six months before the end of the fiscal year. SECTION 10.02. (A) Disposition of Assets. On the termination of this Agreement, and subject to project specific 24 participation agreements, as provided in Section 6.02(A) (5), surplus money of the Commission shall be distributed to the Member Agency in the same proportion that the contribution paid by each Member Agency bears to the total contributions by the Member Agencies. Ail other assets of the commission, both real and personal, tangible and intangible, shall be disposed of in such manner as the Member Agencies shall agree. Until the Member Agencies have agreed, the Commission shall hold the assets in trust for them. (B) Disposition of Liabilities: To the extent permissible by law the debts and liabilities of the Commission shall not become the debts and liabilities of the member agencies. (C) Any debt incurred pursuant to a specific participation agreement shall be disposed of upon termination of this agreement or withdrawal of a member as provided for in that agreement. ARTICLE XI - MISCELLANEOUS PROVISIONS SECTION 11.01. Notices. Notices hereunder shall be sufficient if delivered to: The Chief Administrative Officer of each party hereto or to such other person and address as a party hereto may request in writing to the Commission from time to time. Notice to the Commission shall be sufficient if delivered to the Office of the Secretary of the Commission. SECTION 11.02. Amendment of Agreement. This agreement may be amended only by an agreement, in writing, approved by all of the then participating public entities. Approval of the Board of 25 Directors of the Commission shall not be required for amendment of this agreement. SECTION 11.03. Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this agreement shall to any extent be adjudged invalid, unenforceable, void or voidable for any reason whatsoever, by a court of competent jurisdiction, each and all of the remaining agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extend permitted by law. SECTION 11.04. Withdrawal of Member. A Member Agency may terminate its membership in the Commission at any time after first providing the Commission with six months notice of its intent to terminate ("a termination notice") . Subject to project specific participation agreements as authorized by Section 10.02(A), (B) and (C), upon termination, the Commission shall provide the Member Agency with its pro rata share of surplus funds of the Commission as of the date when the Member Agency first provided the Commission with a termination notice. SECTION 11.05. Notice to Secretary of State. The Secretary of the Commission shall be responsible for preparing and filing the notice to the Secretary of State of this joint exercise of powers agreement, pursuant to the provisions of Section 6503.5 of the Government Code of the State of California. IT WITNESS WHEREOF, the parties hereto have caused this agreement to be executed and attested by their proper officers thereunto duly authorized, and their official seals to be hereto affixed, as of the date and year first above written. 26 MENDOCINO COUNTY WATER AGENCY OF THE COUNTY OF MENDOCINO ( SEAL ) ATTEST: BY Chairman of the Mendocino County Water Agency Clerk of the Board of Supervisors of the County of Mendocino, State of California BY Deputy Clerk Approved as to form: County Counsel POTTER VALLEY IRRIGATION DISTRICT (SEAL) ATTEST: Chairman of the Board of the Potter Valley Irrigation District Secretary to the Board of Potter Valley Irrigation District REDWOOD VALLEY COUNTY WATER DISTRICT (SEAL) ATTEST: Chairman of the Board of the Redwood Valley County Water District Secretary to the Board of Redwood Valley County Water District 27 MENDOCINO COUNTY RUSSIAN RIVER FLOOD CONTROL AMD WATER CONSERVATION IMPROVEMENT DISTRICT ( SEAL ) ATTEST, Chairman of the Board of the Mendocino County Russian River Flood Control and Water Conservation Improvement District Secretary to the Board of Mendocino County Russian River Flood Control and Water Conservation Improvement District CITY OF UKIAH ( SEAL ) ATTEST: Mayor of the City of Ukiah City Clerk The foregoing instrument is a correct copy of the original on file in this office ATTEST: JOYCE A. BEARD Clerk of the Board of Supervisors of the County of Mendocino, State of California By Deputy 28 EXHIBIT "A" County of Mendocino Potter Valley Irrigation District Redwood Valley County Water District MCRRFC&WCID City of Ukiah 29 RO$SMA~Nlg AND ~OOR£~ LLP RO~ER B. MOOllg rbrn~l~dv,'~t~r.¢o~ 11 September 2003 via email, fa~imile and mall Mendocino Cmmty Inland Waler aud Power Commission Post 0ffi~ Box 751 Ulciah, CA 95482 Re: Proposed Chauges tn Joint Exercise of Powers Agreement Honorable Members of thc Commission: At your request this writer ha~ reviewed and ¢omid~d the proposed amendments to the joint exercise of powers agreem~t (J"PA ~greement) and submits the following legal 0bscrvations, While these observations are necessarily confined to poinis withi~ the competence of your outside legal counsel, the itthcrent implications £or the larger policy question of' the Commission's role in future water development cannot be en~ely ~cpa~ted, Nonetheless, th/s point is made to confmn that th/s writer op/nion on the ultimate wisdom of the Commission's aceepumce or rejection of proposed amendments. To addre~ thc easy amendments fu-st, the clarification of the Commission's boundaries at page 18, con~~"unity" to "u~i~" on page 3, and correction ofmfcrcnc~ to Cape Horn Dam at page 12, seem cminen~b/sensible and desirable. In particular, the change proposed at page Ig removes a misperception that thc Commission asserts authority throughout the Russian a~d Eel River ~inages. The major questions prcsettted am (1) whether the Commission should surrenck-r its right of first refusal to develop a n~w water sourc8 whose development is in/tiated by a m~:rnber agency of thc Commission (pages 5-?, 19, 20); (2) whe~ ~e Co~ission should be c~o~y prohibited ~m p~cipa~g ~ a ~ p~ ~ o~ ~c~din~s ~ which a m~b~ ~ency is ~volved (pa~ 20A); md (3) wh~ ~e ~~dencc of individ~ m~b~ ~~, ~ on ~e~ o~ ~ ~ coll~orafion with ~o~ in~vid~ m~ agency, shoed be restated to s~ess t~t infl~d~ce ~ages 20A-20B). Because these am~~ts n~ not be adopted M ~r ent[~W, 1~ me ad, ess ~cm s~t~lF, ~d a~ l~a.!.tic_i!tation~_a~d_pa..rty i~.~o~_e.edln~s.involvin~a_m_._e!nhe~:a_~e~¢~'- Thc proposed amendment would expand this prohibition to extend beyond water-related rishr~ and conwacts, and eliminate the possibility of p~rticipaticra with thc member consem, el'he Commission's poser tn sue or be sued as pa~ to a dispur~ with a member agency, and to et~oge the ll~A Agrg~nenr, are set forth elsewhere in the SPA Af~reemcnt md not cha~gcd.) As a mawr of draftsmanship, r~ere may be merit in extending ti.is prohibition without ref~eto water fights or COntracts, so that ambigui~iesabout whether a particular pro~eding concerns'water rights or contrac~ will be eliminated; moreover, it is hard ~o conceive of a mat'ar in which the C~mmission would o~erwis¢ w~mt ~o participate that doe~ not involve those subjects. Removing th~ possibility of consent to the Commission's participation, however, ~!iminates flexibility that iactividual agencies might o',.hen~cise find desirabl~. If',he consent clause is rt~nov~, then the Commission would be categorically disabled from participating i~ $~ort of one of i~s member agencies. The Commission sad all members may not want to lose this flexibility, unless thc Commission deg-vmines consciously that losin$ this iloa~ili~/s prefet~le to ha~ to address (and possibly d~ny) requests for supp~ participation from member agencies. Tht~ the Commission should foc~ separately on the ~o sub-questions posed by the delgtion proposed on page 20A. Removing the "water rights or contracts" clause is defensible and may offer some marginal ~ benefit. Removing thc "consenf'. clause will restrict the Commission's future flcxibiliW, · decision thst should be com~ously w¢ighin~ that loss against the benefit of avoidin§ the need to say "no" at cos~ of being able to say "yes" to requests for participation, Re~ta~.~.__~ ofindividt~-a! a~ncy authc~i_' _ty, Thc two new parsta'aphs proposed at pag.es 20A-IOB do not have independent leiat siguificance, i~tatecl dit%re~ltl¥, if these provisions are not added, member atencies s~ill enjoy whatever authority other law (including thc re~ terms ofthe IPA Agreement) bestow; Ired that authority includes the authority of individual member ai~cies to enter into bilateral agreements with each other or other entities. Th~seproposed ame~ments seem to serve primarily as %omi'orr' to membe~ aSencies, ~gtheir ¢~~ powers. Consciously maldng that afr:L,'mation can have political value, however, as well as convey a political message of encouragement to individual members' iuitiative in warn' development. The Commi~sio:a should not expect the acceptance or rejection of the proposed paragraphs to prodvce independent legal powers or prohibitions. Th~ fate of these roms should focus on the political desirability of affn'mi~ individual or collective agency initiative that does not embrace exclusiw water development by the Commission. Eliminatio~!r_h_t_.O~'.FirstRcfusaI'. This propossl is freighted with Iegal siSnificauce, because it rcmoves one constr~4,~t on othcm, ise-tawfuI water developmmt by individual mc, tuber a~encies. T'n/s amendment deprives the Commission of the constraint it c~n presently asscrt over indMdu~-agency water development: thc ability to as.~umc that development su*.horiz7 end responsibility its=If. Without the fight of first r~ individusl ~n~ies remain authorized by other provisions of law, in¢Iud/ng their enabl~ authorities, to secure water rights md contrs~ ~ they have bern doing ~ thc past. Because the Commission does not hold regulatory authority over individual agency water d~velopment, im sole eons~tr~int over individual agencies see~g to develop is to take over individu~ projects that the Comm~iOn deems worthy of regional development. Enactment of this amendmen~ would remove the one positive collective authority of the Commission over indiv/dual water project development. The amendment is not necessary to enable indiv/dual a~ency, action, but enactin/the am~dme~ would possibly spur e~klifional agency ~ction by rc'movi%~t:h¢ risk ofh~ving a~ tx~i~~j~ taken over by Commission action. Thc am~t makes sense if ~he CorrrmisSiOU aa~icil~tcs that fut'are dcvclopmentin thc Coun~ will co=sist principally of sm_ .s!! individual projects rather than larger one~ with at~ ~d-County-widc benefit Thc amendment wouM no~ prohibit thc Commission from devclopin$ such p~'oject~ on its own, but would place ach development in direo! competitioa with any individual agency projects; the right-of-first- r~fusal has the effective r~sult of eliminating such competition (and po~:entiaI conflicts of inlm-est) at ~e Corm~ssion electionto become thc developer) Because the Commission's fundamental pu,'pose is stated ss one of provinff "a united, coordinated, orderly, positiw, and moro effective means" ofprotectin~ and c-nttancin§ ~:hc County's water resources, the amendmea~ can be se~ as a weakening of tills intent. The Commission Sho~ldperceive this proposed amendment as ~ sitlnific~t re,-casfin§ of its chartm'. It deprives the Commission of positive authority to attain unity and coordination iu develop~ walm' resources. It does no~ as a lelFd ~ litemlly aEect the ¢ornmi~siou's authori~ to speak to third parties as the inland-County-wide voice in presto'ring the flows ~d viability of the Pot~r Valley Project. As a political matmr, however, Commissioners should focus on wh~her weakening its authority over local development rcnde~s thc Commission l~ss potent in speaking as thc Cottuty's voice in transactions with PG&E, and the fed~raI and stat= governments. R~b~mitted, A~ro~o Ro~ 1 If the existing right-of, first ~-fusaI is retained, ~h~ mt'ereace at page 6, fourth line l'om bottom, m "subsection (b)" should be chan~ed to "subsection (c)" to conform to ~ex~. AGENDA SUMMARY REPORT ITEM NO. 9a. DATE: October 1, 2003 SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING THE SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICE FOR 2003/2004 The provisions of the City's franchise agreement with Solid Wastes Systems, Inc., for the collection, transportation and disposal of garbage and the recycling of recyclable materials within the City limits requires that an annual adjustment be made to the garbage and recycling collection rates. This adjustment is made by applying a rate factor equal to 75% of the change in the U. S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI), U.S. City Average, June to June (Contract CPI). In accordance with the contract amendment of 2001, rates will increase each of the two subsequent years by the CPI factor as described above. Therefore, it is required that the automatic annual adjustment based on the Contract CPI be made to the garbage collection and recycling rates which are to be effective for 2003/2004, beginning with bills issued on or after October 2, 2003. In the third year, the City Council shall conduct a rate hearing pursuant to Ukiah Municipal Code Sections 3950-3957 to determine what, if any, adjustment should be made to the garbage collection and recycling rates, taking into consideration the annual audits of the contractor's operations and all other factors deemed relevant by the City Council. The increase in the Contract CPI from June 2002 to June 2003 of2.11% (index of 183.7 compared to 179.9) creates an adjustment factor of 1.6% that is to be applied to the garbage collection and recycling rates and fees of the previous year. In addition to the 1.6% increase, a .35% adjustment factor is added (continued on page 2) RECOMMENDED ACTION: Adopt the Resolution establishing the schedule of fees and rates for garbage and recycling collection services for 2003/2004. ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Solid Wastes Systems, Inc. Gordon Elton, Finance Director Candace Horsley, City Manager 1. Resolution, with Exhibit "A" 2. City Manager's Report APPROVED: yManager to offset the increased franchise and billing charges Solid Wastes Systems, Inc., will incur with the increase in gross revenue by reason of the automatic increase, creating a composite adjustment factor of 1.95%. The charges for basic residential and commercial service levels are: Weekly Curb Service No service-mimmum fee 1 O-gallon contmner 20-gallon contmner 32 gallon contmner 68 gallon contmner 95 gallon contmner 1 yard bin 2 yard bin Current New Change $ 3.38 $ 3.45 $ .07 3.38 3.45 .07 7.12 7.26 .14 12.80 13.06 .26 30.19 30.80 .61 42.56 43.42 .86 73.36 74.79 1.43 115.58 117.84 1.26 Weekly Pack-out Service 1 O-gallon container 20-gallon container 32 gallon container 68 gallon container 95 gallon container Current New Change 5.22 5.32 .10 8.94 9.12 .18 15.65 15.97 .32 36.79 37.54 .75 53.11 54.15 1.04 Weekly Remote Area Service 1 O-gallon container 20-gallon container 32 gallon container 68 gallon container 95 gallon container Current New Change 10.44 10.64' .20 14.16 14.44 .28 20.87 21.29 .42 42.01 42.86 .85 58.33 59.47 1.14 Weekly Bin Service Current New Change 1 yard bin 73.36 74.79 1.43 1.5 yard bin 86.69 88.38 1.69 2 yard bin 115.58 117.84 2.26 Pursuant to the provisions of the Refuse Collection and Recycling Franchise Agreement, staff recommends adoption of the attached resolution that increases the previous garbage collection and recycling fees and rates by the total adjustment factor of 1.95%. GE: Garbage Rates 2003 agn.doc Page 2 ATTACHMENT # 1 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING THE SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR 2003/2004 FISCAL YEAR WHEREAS, the City Council, under terms of its franchise agreement with Solid Wastes Systems, Inc., must adjust garbage and recycling collection fees and charges for the 2003/2004 fiscal year using the U.S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI), U.S. City Average, June to June; and WHEREAS, the agreement further stipulates that such adjustment shall be made effective October 1; and WHEREAS, the City Council has determined that Solid Wastes Systems, Inc. is entitled to receive a net annual increase of 75% change in the Contract CPI after billing and franchise fees are deducted; and WHEREAS, the increase in the Contract CPI from June 2002 to June 2003 was 2.11%, creating a base increase in garbage rates of 1.6% to which is added a .35% increase to cover the increased franchise and billing charges Solid Wastes Systems, Inc. will incur with the increase in gross revenue, for a composite increase of 1.95%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby adopts the rates and rate structure, for residential and commercial garbage, as set forth in Exhibit "A" attached hereto and made part of this resolution. BE IT FURTHER RESOLVED that the rate schedule adopted by this Resolution shall be effective immediately and included on billings issued on or after October 2, 2003. All prior rate schedules in conflict herewith are repealed upon the effective date of the new schedule. All other contract conditions for service remain unaltered and in full effect and the City Clerk shall cause the publication of this resolution in the Ukiah Daily Journal within 10 days following Council action pursuant to the provisions of Section 3957 of the Ukiah Municipal Code. PASSED AND ADOPTED this 1st day of October 2003 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Eric Larson, Mayor ATTEST: Marie Ulvila, Deputy City Clerk Resolution No. 2004- Page 1 of 1 Exhibit "A" RATES FOR RESIDENTIAL AND COMMERCIAL GARBAGE COLLECTION SERVICES Fiscal Year 2003/2004 Attachment #1 Resolution #2004- October 1,2003 Code Size/Volume Per Week From To Rate per Add-on gallon Fee Size/Volume Per Rate per Week Cubic Code From To Yard Curb Service rates for containers (measured in gallons) - GC GC10 0 10 $ .345 $ 0 GC20 11 20 $ .363 $ 0 GC32 21 32 $ .408 $ 0 GC68 33 68 $ .453 $ 0 GC95 69 95 $ .457 $ 0 GC136 96 136 $ .504 $ 0 GC190 137 190 $ .508 $ 0 GC+ 191 + $ .515 $ 0 Pack-out Service rates for containers (measured in gallons) - GY GY10 0 10 $ .532 $ 0 GY20 11 20 $ .456 $ 0 GY32 21 32 $ .499 $ 0 GY68 33 68 $ .552 $ 0 GY95 69 95 $ .570 $ 0 GY136 96 136 $ .570 $ 0 GY190 137 190 $ .588 $ 0 GY+ 191 + $ .618 $ 0 Remote Area Service rates for containers (measured in gallons) - GR GR10 0 10 $ .532 + $ 5.32 GR20 11 20 $ .456 + $ 5.32 GR32 21 32 $ .499 + $ 5.32 GR68 33 68 $ .552 + $ 5.32 GR95 69 95 $ .570 + $ 5.32 GR136 96 136 $ .570 + $ 5.32 GR190 137 190 $ .588~+ $ 5.32 GR+ 191 + $ .618 + $ 5.32 Curb Service Examples: Previous New No service - minimum fee * $ 3.38 $ 3.45 10 gallon container $ 3.38 $ 3.45 20 gallon container $ 7.12 $ 7.26 32 gallon container $ 12.80 $ 13.06 68 gallon container $ 30.19 $ 30.80 95 gallon container $ 42.56 $ 43.42 1 yard bin $ 73.36 $ 74.79 1.5yard bin $ 86.69 $ 88.38 2 yard bin $ 115.58 $ 117.84 * Per City of Ukiah Municipal Code Section 4443 IRates for Bins (in cubic yards) Y1 I 1 Y+ 1.5 + 1 I 74.79 I 58.92 Rates for Debris Boxes - 7 day rental (excluding tipping fee) B10 10 10 154.39 B15 15 15 154.39 B20 20 20 154.39 B30 30 30 154.39 B40 40 40 154.39 Additional $10.00 fee per day for retaining drop box more than 7 days. Miscellaneous & Special Services M1 3 yard box per dump (3 day rental) $ 105.40 M2 M3 M4 M5 M6 v17 ~8 M9 Appliances $ 17.09 Tires (up to 4 automobile or $ 3.60 motorcycle sized tires on regular garbage collection route) Tires (5 or more automobile $ 17.09 or motorcycle sized tires, special trip) Large truck sized tires $ (special trip) Furniture and Other Items $ (special trip) 17.09 17.09 Locking bin $ 22.85 Drop box 7 day rental, per dump** $ 154.39 Compactors, per dump $ 132.78 ** Additional $10.00 fee per day over 7 days *** includes tipping fee **** plus tipping fee ***** one-time setup charge Percentage increase over current rates 1.95% ea garbagerates.xls Page 1 Rates CITY MANAGER'S REPORT SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 2003/2004 FISCAL YEAR COMPARED TO PRIOR YEAR Old Old Current New Rate Rate Gallons Customer Monthly Monthly Change Percent Code Code Service Description perweek Count Rate Rate In Rate Change* ~ 10/1/03 Basic Rate (Municipal Code section 4443) $ 3.38 $ 3.45 $ .07 2.07% Curb Service GC10 GA1 1-10gal 10 GC20 GA10 1-20gal 20 GC32 GA2 1-32gal 32 GC68 GA3 1-68gal 68 GC95 GA4 1-95gal 95 GC136 GA24 2-68gal 136 488 $ 3.38 $ 3.45 .07 2.07% 457 7.12 $ 7.26 .14 1.97% 2,710 12.80 $ 13.06 .26 2.03% 467 30.19 $ 30.80 .61 2.02% 61 42.56 $ 43.42 .86 2.02% 3 67.18 $ 68.54 1.36 2.02% Pack-out Service GY10 GA20 1-10gal 10 GY20 GA14 1-20gal 20 GY32 GA5 1-32gal 32 GY68 GA6 1-68gal 68 GY95 1-95gal 95 GY136 GA9 2-68gal 136 - $ 5.22 $ 5.32 .10 1.92% 1 8.94 $ 9.12 .18 2.01% 3 15.65 $ 15.97 .32 2.04% - 36.79 $ 37.54 .75 2.04% - 53.11 $ 54.15 1.04 1.96% - 76.02 $ 77.52 1.50 1.97% Remote Area Service (BGR - small truck service) GR10 GA74 1-10gal 10 GR20 GA75 1-20gal 20 GR32 GA70 1-32gal 32 GR68 GA71 1-68gal 68 GR95 GA72 1-95gal 95 GR136 GA73 2-68gal 136 2 $ 10.44 $ 10.64 .20 1.92% 1 14.16 $ 14.44 .28 1.98% 20 20.87 $ 21.29 .42 2.01% 4 42.01 $ 42.86 .85 2.02% - 58.33 $ 59.47 1.14 1.95% - 81.24 $ 82.84 1.60 1.97% Total 4,217 * Variations in the percent of increase are due to rounding. Attachment #2 garbagerates.xls Page 1 2003 Manager Report Old Rate Code CITY MANAGER'S REPORT SCHEDULE OF FEES AND RATES FOR GARBAGE AND RECYCLING COLLECTION SERVICES FOR THE 2003/2004 FISCAL YEAR COMPARED TO PRIOR YEAR Attachment #2 Old Current New Rate Gallons Customer Monthly Monthly Change Percent Code Service Description per week Count Rate Rate In Rate Change * COMMERCIAL SERVICE All commercial rates are the same as residential rates. If no corresponding residential rate is established, the rate is determined by the number of yards or gallons per week times the rate per yard or gallon as listed on Exhibit "A" of Resolution 2002- 1-1yd $ 73.36 $ 74.79 $1.43 1.95% All other sizes: Rate per yard per week $ 57.79 $ 58.92 $1.13 1.96% EXAMPLES OF COMMERCIAL RATE: 1 yard bin - picked up 1 time per week - 1 yard @ $73.62 $73.62 per month 2 yard bin - picked up 4 times per week - 8 yards @ $58.00 = $464.00 per month Extraordinary rates and Special Services DROP BOXES Special 3-day rental 3 yard box per dump $ 103.38 $ 105.40 $ 2.02 Weekly - 7-day rental All sizes - per dump $ 151.44 Additional $10.00 fee per day for retaining drop box more than 7 days. $ 154.39 $ 2.95 1.95% includes tipping fee 1.95% Plus tipping fee Compactors, per dump Special Services - Call-in pickup and disposal $ 130.24 $ 132.78 $ 2.54 1.95% Plus tipping fee Appliances $ 16.76 $ 17.09 $ .33 Tires (up to 4 automobile or motorcycle sized tires on $ 3.53 $ 3.60 $ .07 regular garbage collection route) Tires (5 or more automobile or motorcycle sized tires, $ 16.76 $ 17.09 $ .33 special trip) Large truck sized tires (special trip) $ 16.76 $ 17.09 $ .33 Furniture and Other Items (special trip) $ 16.76 $ 17.09 $ .33 Locking bin $ 22.41 $ 22.85 $ .44 Special service rates may be established based on the current disposal charge plus equipment and labor cost. Such rates shall be approved by the City Manager with ratification by the City Council. 1.97% Plus tipping fee 1.98% each 1.97% Plus tipping fee 1.97% Plus tipping fee 1.97% Plus tipping fee 1.96% one-time setup charge garbagerates.xls Page 2 2003 Manager Report Item No. 9b Date: October 1,2003 AGENDA SUMMARY REPORT SUBJECT: REPORT REGARDING THE ANNUAL NORTHERN CALIFORNIA POWER AGENCY LEGISLATIVE TOUR VISIT TO THE CITY OF UKIAH The Northern California Power Agency (NCPA) annually sponsors an informational tour of NCPA projects and member cities for staff members of elected representatives. On October 15, 2003, the legislative tour is scheduled to stop in the City of Ukiah. A luncheon has been planned for the tour participants, city staff, and City Council members. In addition, a visit to Maverick Industries has been arranged after lunch, to demonstrate the benefits of Public Power to a small community. The tour will arrive at approximately 11:30 a.m. with lunch being served at Noon at the Conference Center. Participants will proceed to Maverick Industries at approximately 1:30 p.m. After the business visit, the legislative tour will depart for the City of Healdsburg. NCPA staff normally prepares briefing information for these meetings. However, due to the NCPA Annual Meeting, this information is not available for distribution with this staff report. Discussion information will be distributed to the Council when it is received. RECOMMENDED ACTION: Receive report and discuss possible Public Power issues to be addressed with legislative staff. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities Candace Horsley, City Manager None C~andace h~orsley, City Manager ITEM NO. 9¢ DATE: OCTOBER 1,2003 AGENDA SUMMARY REPORT SUBJECT: DESIGNATION OF CITY COUNCIL REPRESENTATIVE TO MENDOCINO TRANSIT AUTHORITY Councilmember Roy Smith has been the City Council's representative to the Mendocino Transit Authority (MTA) for several years. He has requested the appointment of another councilmember to fill the post. Attached is the current listing of City Council committee assignments for the Council's information. RECOMMENDED ACTION: Appoint Councilmember as representative to Mendocino Transit Authority. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Roy Smith Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. City Council appointment list, pages 1-3. ,~fh:as,cco3 Candace Horsley, City~anager 1 O01 MTA 2003 COUNCIL COMMITTEE ASSIGNMENTS Beautification Committee Larson, Alt: Andersen City of Ukiah Disaster Council Andersen/Rodin/Horsley City Selection Committee Larson City/County Leadership Group Council/County Supervisor Committee Courthouse Facilities Planning Committee Greater Ukiah Chamber of Commerce Liaison Library Advisory Board Local Agency Formation Commission (LAFCO) Main Street Board of Directors Horsley/Larson Larson/Smith On hiatus Rodin, Alt: Andersen Andersen Larson Smith, Alt: Andersen Mendocino Council of Governments (MCOG) Larson, Alt: Rodin Mendocino County Air Quality Management District PM-10 Incentive Committee Baldwin Mendocino County Film Advisory Board (Non-Voting) Baldwin Mendocino County Inland Water and Power Commission Baldwin, Alt: Smith Mendocino County Overall Economic Development Horsley Mendocino Solid Waste Management Authority (MSWMA) Andersen Mendocino Transit Authority (MTA) Board of Directors Smith Northern California Power Agency (NCPA) Smith, Alt: Andersen Recreation Center Group Rodin, Alt: Larson Russian River Watershed Community Council Baldwin, Alt: Rodin Skateboard Park Committee Andersen, Alt: Larson Solid Waste Committee Andersen Sun House Guild ex officio liaison Rodin Transmission Agency of Northern California (TANC) Smith, Darryl Barnes, Alt: Andersen Ukiah Investment Oversight Committee Smith, Alt: Rodin Ukiah Valley Sanitation District (UVSD) Baldwin, Alt: Smith Economic Development & Financing Corporation (EDFC) Finance Review Committee Rodin, Alt: Smith Smith, Alt: Andersen Last Updated January 16, 2003 .-. I -. 2003 CITY COUNCIL COMMITTEE ASSIGNMENTS MAYOR ERIC LARSON Beautification Committee City Selection Committee City/County Leadership Group Council/County Supervisor Committee Local Agency Formation Commission (LAFCO) Mendocino Council of Governments (MCOG) Recreation Center Group - Alternate Skateboard Park Committee - Alternate VICE-MAYOR PHILIP BALDWIN Mendocino County Air Quality Management District PM-10 Incentive Committee Mendocino County Film Advisory Board Mendocino County Inland Water and Power Commission Russian River Watershed Community Council Ukiah Valley Sanitation District (UVSD) COUNCILMEMBER ROY SMITH Council/County Supervisor Committee - Alternate Main Street Board of Directors Mendocino County Inland Water and Power Commission - Alternate Mendocino Transit Authority (MTA) Board of Directors Northern California Power Agency (NCPA) Transmission Agency of Northern California (NCPA) Ukiah Investment Oversight Committee Ukiah Valley Sanitation District (UVSD) - Alternate Redevelopment Agency - Economic Development & Financing Corp.- Alternate Redevelopment Agency- Finance Review Committee COUNCILMEMBER PAUL ANDERSEN Beautification Committee-Alternate City of Ukiah Disaster Committee Greater Ukiah Chamber of Commerce Liaison- Alternate Library Advisory Board Main Street Board of Directors - Alternate Mendocino Solid Waste Management Authority (MSWMA) Northern California Power Agency (NCPA) - Alternate Recreation Center Group - Alternate Skateboard Park Committee Solid Waste Committee Transmission Agency of Northern California (NCPA) - Alternate Redevelopment Agency Finance Review Committee - Alternate COUNClLMEMBER MARl RODIN City of Ukiah Disaster Committee - Alternate Greater Ukiah Chamber of Commerce Liaison Mendocino Council of Governments (MCOG) Alternate Recreation Center Group Russian River Watershed Community Council- Alternate Sun House Guild ex officio liaison Ukiah Investment Oversight Committee- Alternate Redevelopment Agency Economic Development & Financing Corp.