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HomeMy WebLinkAbout2003-10-15 PacketRESUME CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 15, 2003 6:30 p.m. M/RC¢4~I) 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INTRODUCTIONS/PRESENTATION a. Introduction of New Receptionist/Secretary Karen Maguire b. Introduction of New Administrative Clerk, Deborah Pollock c. Introduction of New Employee: Lori Martin, Customer Services Representative III d. Introduction of New Employee: Carrie Corbet, Meter Reader e. Presentation by Jim O'Laughlin Regarding Open Space Preservation 4. APPROVAL OF MINUTES a. Regular Meeting Minutes of August 6, 2003 Mayor Read S. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. MayOr Read 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. M/RC (5-0) approving c~nSent: calenda~ items ::."a" ahd '~b'~.a~!f°llOWs: a. Approval of Disbursements for Month of September 2003 b. Award Acquisition of Rotary Screw Air Compressor From Ingersoll Rand Equipment Sales In The Amount Of $13,977.09 For The Department of Public Works Mayor Read 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARING (6:45 P.M.) a. Public Hearing For Consideration of Close Out of Community Development Block Grant #00-EDBG-0738, Economic Development Allocation, and Revision of Community Development Block Grant Program Income Reuse Plan 1)M/S :(5-0) Determi~ifig~iii~th~e~:.~iia~mplishm~nts~~ ::ii:EConomic .. ,.~ ~- ~'~ ~,~ , ,, , ~ , submiffal of. Final ~mn~e~6~6rman? ~epod 2)M/S (5~)?an for :Revisions to CDBG 1 UNFINISHED BUSINESS a. Discussion and Possible Adoption of Resolution Regarding Public Safety Sales Tax Ballot Measure For March 2004 10. NEW BUSINESS Rec'd. Report a. Discussion and Review of the City of Ukiah Storm Water Management Plan b. Authorize Execution of Amendment No. 7 to the Agreement With EBA Engineering In An Amount Not To Exceed $158,021 For Environmental Services At The Corporation Yard and Approve Budget Amendment In The Amount of $8,271 Prog in C, Update Regarding The Public Benefit Fund and Possible Revisions To The Ukiah C.A.R.E.S. and Energy Conservation Programs d. Approval of Eligibility Renewal Application with the Federal Surplus Property Program, Authorization of City Manager to Execute Assurance of Compliance With Government Services Administration Regulations, And Adoption of Resolution Designating City Representatives for State/Federal Surplus Properties acq 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 City Designated Representative: Candace Horsley, City Manager Employee Organization: Management Unit No action taken 10:45 pm 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. RESUME UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE October 15, 2003 8:00 P.M.* 1. ROLL CALL Read M/RC (5-0) M/RC (5-0) 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. 1 APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. APPROVAL OF MINUTES a. Regular Meeting of September 17, 2003 5. NEW BUSINESS a. Approval of Budget Amendment For The Completion Of The Downtown Parking Improvement Study 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 15, 2003 6:30 p.m. 1 ROLL CALL PLEDGE OF ALLEGIANCE INTRODUCTIONS/PRSENTATION a. Introduction of New Receptionist/Secretary Karen Maguire b. Introduction of New Administrative Clerk, Deborah Pollock c. Introduction of New Employee: Lori Martin, Customer Services Representative III d. Introduction of New Employee: Carrie Corbet, Meter Reader e. Presentation by Jim O'Laughlin Regarding Open Space Preservation 4. APPROVAL OF MINUTES a. Regular Meeting Minutes of August 6, 2003 w RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of September 2003 b. Award Acquisition of Rotary Screw Air Compressor From Ingersoll Rand Equipment Sales In The Amount Of $13,977.09 For The Department of Public Works 7. AUDIENCE COMMENTS NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. am PUBLIC HEARING (6:45 P.M.) a. Public Hearing For Consideration of Close Out of Community Development Block Grant #00-EDBG-0738, Economic Development Allocation, and Revision of Community Development Block Grant Program Income Reuse Plan Sm UNFINISHED BUSINESS a. Discussion and Possible Adoption of Resolution Regarding Public Safety Sales Tax Ballot Measure For March 2004 10. NEW BUSINESS a. Discussion and Review of the City of Ukiah Storm Water Management Plan b. Authorize Execution of Amendment No. 7 to the Agreement With EBA Engineering In An Amount Not To Exceed $158,021 For Environmental Services At The Corporation Yard and Approve Budget Amendment In The Amount of $8,271 c. Update Regarding The Public Benefit Fund and Possible Revisions To The Ukiah C.A.R.E.S. and Energy Conservation Programs d. Approval of Eligibility Renewal Application with the Federal Surplus Property Program, Authorization of City Manager to Execute Assurance of Compliance With Government Services Administration Regulations, And Adoption of Resolution Designating City Representatives for State/Federal Surplus Properties 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS 13. CLOSED SESSION a. Conference with Labor Negotiator G.C. §54957.6 City Designated Representative: Candace Horsley, City Manager Employee Organization: Management Unit 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA [TEN NO: 3a MEE'i-[NG DATE: October 15, 2003 SUM t4ARY REPORT SUB3ECT: INTRODUCTION OF NEW RECEPTIONTST/SECRETARY KAREN MAGUIRE The City of Ukiah's Administrative Support Department is pleased to welcome Karen IVlaguire, its newest member. Karen is replacing both the Receptionist and the full-time Secretary and brings extensive customer service experience to the position. She has been employed in offices and banking for roughly 27 .years, and spent the last four years as the Administrative Assistant for the Cloverdale Chamber of Commerce. Karen is a resident of Cloverdale, although because both she and her husband commute to Ukiah for work, they are considering moving here in the near future. Karen has two children, 21 and 22 years of age, both of whom are in college. She is also very active with her church's music department and plays and teaches the piano. Karen has already demonstrated a professional, friendly, and helpful demeanor to both the customers and our internal staff, and we hope the Council will join us in welcoming her to our team. RECOMr4ENDED ACTION: No action required. ALTERNATI'VE COUNCI'L POLICY OPTI'ONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Shannon Riley, Executive Assistant Shannon Riley, Executive Assistant N/A None Approved: Candace Horsley, City .... M~n~ler 4:Shannon/ASR.introKaren.101503 AGENDA ~ElVl NO: 3t~ MEE'i'~NG DATE: October 15, 2003 SU PI t4ARY REPORT. SUB3ECT: INTRODUCT:ION POLLOCK OF NEW ADPI:IN:ISTRAT:IVE CLERK, DEBORAH The City of Ukiah is pleased to welcome Deborah Pollock to the staff. Deborah is the new Administrative Clerk, a part-time employee whose hours are split between the Administrative Support Department and the City Clerk's Department. Tn her off-hours from the City, she also works for Project Sanctuary. Deborah has been a resident of Ukiah for 25 years, and has raised three children, ages 18, 20 and 30, in the area. When she's not working, she enjoys reading and walking. She is very organized and compassionate, and when asked why she wanted to work for the City of Ukiah, she replied, "Who doesn't?" Deborah has already proven to be a very valuable employee by filling in at other positions as needed. She looks forward to a long career with the City, and we hope the Council will join us in welcoming her to our team. RECOMMENDED ACT:ION: No action required. ALTERNAT:IVE COUNC:IL POL:ICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Shannon Riley, Executive Assistant Shannon Riley, Executive Assistant N/A None Approved: Candace Hor'~fey, C~ity M~ager 4: SI*tan non/ASR. IntroDebbie. 10150 3 AGENDA SUMMARY REPORT ITEM NO. DATE OCTOBER 15, 2003 SUBJECT: INTRODUCTION OF NEW EMPLOYEE - LORI MARTIN, CUSTOMER SERVICE REPRESENTATIVE III I am pleased to introduce to the City Council and the community, Lori Martin, who has recently been hired in the full-time position of Customer Service Representative III. Lori brings to the City over 20 years of experience in the customer service and collections fields and understands the challenges and opportunities this position can present. She takes pleasure in providing quality service to our customers. Lori recently served the City as a temporary meter reader, actually learning the field side of the operation before the paper/computer/telephone aspects of the business. She is looking forward to a long-term association with the City and has already expressed her pleasure with being a member of the Billing and Collections Department. Lori, her husband Darrell, and 22 year old son Lucas, have been residents of Ukiah for 12 years. She enjoys camping, motorcycles, and cooking with friends and family. Please welcome Lori Martin to the City of Ukiah team. RECOMMENDED ACTION' Welcome Lori Martin as a new Customer Service Representative III. ALTERNATE COUNCIL POLICY OPTIONS: None Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments- N/A N/A Patsy Archibald, Customer Service Supervisor "-'/~'¢.---'" Candace Horsley, City Manager None APPROVED: Candace Horsley, City M~ager AGENDA SUMMARY REPORT ITEM NO. 3d DATE OCTOBER 15, 2003 SUBJECT: INTRODUCTION OF NEW EMPLOYEE- CARRIE CORBETT, METER READER I am pleased to introduce to the City Council and the community, Carrie Corbett, who has recently been hired in the position of Meter Reader. Carrie brings to the City a myriad of experiences including, the first woman hired in delivery sales for Kilpatrick's Bakeries in Sonoma County, meter reader for PG&E. in Lake County, criminal clerk for Judge Mann, and legal assistant in Petaluma. She enjoys meeting people, which will be right up her alley as a member of the Billing and Collections Department. Carrie was born in Ukiah and is returning after a hiatus in points south and east. Her daughter Ashley just graduated from Petaluma High School and has moved to Yreka, CA. Carrie is very "outdoorsy" and her hobbies include painting, camping, and top of the list-fishing. She looks forward to becoming "one of the City Team Family Member". Please welcome Carrie Corbett to the City of Ukiah Team. RECOMMENDED ACTION: Welcome Carrie Corbett as a new Meter Reader. ALTERNATE COUNCIL POLICY OPTIONS: None Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Patsy Archibald, Customer Service Supervisor Candace Horsley, City Manager None APPROVED: Candace Horsley, City~anager AGENDA ITEM NO: MEETING DATE: 3e October 15, 2003 SUMMARY REPORT SUBJECT: PRESENTATI~ON BY3IM O'LAUGHLIN REGARDING OPEN SPACE PRESERVATION 3im O'Laughlin is an attorney who specializes in open space trusts and nature conservancies. He will be speaking regarding the various aspects of open space preservation to the Council, and an outline of this discussion is provided as an attachment to this reporL The Paths, Open Space and Creeks Commission members have been made aware of this meeting and were invited to attend, as this will be important information for them as well. RECOMMENDED ACTION: Receive presentation. 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. Outline of presentation by .lim O'Laughlin Approved' Candace Horsley, C'~/Manager 4:CAN/ASR. PresentOpenSpace. Z01503 II. III. Open Space Preservation Outline Structure mo Private: Typically non-profit entities such as Peninsula Open Space Trust or the Nature Conservancy. Have a mission statement, Board of Trustees, and Staff to implement the mission statement. g. Federal: Bureau of Land Management, US Fish and Wildlife Service and other entities. Acquire property for public purposes. Co State: State Parks, California Department of Fish & Game, State Land Commission, Wildlife Conservation Board. Funding m. Private: Raise money from individuals, organizations, trusts and grants. Look to acquire fee property or easements with private money and then sell property or easement to Federal, State or local entities. Bo Federal: Through various federal programs and grants that make money available for land acquisition or easements. Two main federal programs ongoing in California are CALFED and AFRP. Co State: Through various bond money, almost gone at this time, have funded land acquisition and easements for rivers and parkways. Current program addressing these acquisitions or easements is CALFED. Mainly funded through bond money. Do Local: Some cities and counties charge development fees to cover the acquisition of land or easements. Some city, county and special districts or joint power agencies charge fees/taxes for open space acquisition. Almost all Federal and State funding requires some participation by local agencies. Acquisition A° Conservation Easements: In the last five years this has been the major tool by all entities to preserve and protect open space. Typically an entity will target land to assist it in meeting its program goals. The conservation easements obtained are as varied and as numerous as all of the programs. They range from Open Space corridors for Urban Planning to acquisition of easements to protect migrating deer. There are usually three key features to conservation easements. 1. Monetary payment to the landowner for the fee conveyed. The payment made for the fee is based on a wide variety of considerations but essentially comes down to how restrictive the easement is and how unique or special the property is. 2. Landowner retains ownership of the property. The landowner is responsible for maintenance of the property and the conservation values therein. 3. Property development rights, i.e., parcel splits, Subdivision Map Act and construction of homes, etc., are stripped from the property. Normally existing structures are allowed to be repaired, maintained and replaced. B. Fee Title: 10-15 years ago this was the preferred method. No longer the preferred method except for extremely unique or valuable properties. Several reasons for the change are fee acquisition costs more than a conservation easement; management of lands is an expense; lands acquired may lose economic viability to local communities. Acquisition of fee title lands are, however, still done if there is going to be public use, i.e., parks, recreational access; or a public purpose, i.e., levee for flood control. IV. Conclusion The most successful programs I have seen or worked with are programs that have well defined goals and objectives and stick to them. I think Peninsula Open Space Trust, TNC East- Lassen Project, and Solano Counties Agricultural Preserve are good examples of successful programs. MEMO Agenda Item: 4_a TO: FROM: Honorable Mayor and City Councilmembers Deputy City Clerk Marie Ulvila ~-~"~ z,/~:'.~ SUBJECT: City Council Meeting Minutes: August 6, 2003 DATE: October 10, 2003 Every attempt will be made to forward the Draft Minutes of the August 6, 2003 City Council meeting to Council for review by Tuesday, October 14, 2003 (Monday, Oct. 13th is a holiday). Memos: CC052103 - minutes MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, AUGUST 6, 2003 The Ukiah City Council met at a Regular Meeting on August 6, 2003, the which had been legally noticed and posted, at 6:32 p.m. Roll was following Councilmembers were present: Andersen, Smith, Baldwin p.m.), and Mayor Larson. Councilmember absent: Rodin. Staff Utilities Director Barnes, Community Services Director DeKnoblou( Elton, Wastewater Supervisor Gall, Risk Manager/Budget Officer Harris, City Manager Horsley, Associate Planner Keefer Lohse, City Attorney Rapport, Deputy Director of Public W~, Sean. 2. PLEDGE OF ALLEGIANCE Colton Kinney, great grandson of Walter Eversol PI~ Public ;ctor el PII e of Allegiance. Councilmember Baldwin arrived at the 3. COMMENDATION 3a. Eversole Mortuary's 110th Anniversary Mayor Larson read the cc for 110 years of dedicated fami appreciation ~ommunity. Walter Eversole thanked Eversole family. 4. RIGHT TO APPEAL Mayor Larson read the appeal 5. CON M/S Smitl follows: a. R~ Muttart i~ b. Approved !roving item h "d" of the Consent Calendar as Report R, fication Three-Ye ining to Grace H Museum Securing Services For From Keith James and Barbara $8,250 Respectively; for Citygate Associates; Completion for 2000 STIP Local Street Rehabilitation Project, ~nt in The Amount of $25,281.96 to Evergreen Job & le Job and Safety Training to the Electric Department. by the following roll call vote: AYES: Councilmembers Andersen, Smith, Mayor Larson. NOES: None. ABSTAIN: None. ABSENT: r Rodin. COMMENTS ON NON-AGENDA ITEMS Iotn, Willits, praised the City for the new look at the intersection at Perkins and He was of the opinion that there is poor outdoor lighting in the City and Regular City Council Meeting August 6, 2003 Page 1 of 15 requested that the matter be agendize so he could provide a presentation on lighting to the City Council. Susan Knopf, Ukiah, expressed concern regarding lights that emit a glare. 7. PUBLIC HEARING 7a. Consideration and Action Regarding the Appeal of the Plan Commission's Conditional Approval of the Nix Second D, Permit//03-17 Associate Planner Keefer advised that the Staff Report inclu~ Councilmember Baldwin in his appeal of the Planning response. He discussed Mr. Nix's project of a second hillside-zoning district. Three members of the Plannin, hearing on the matter, and concluded that the logical and reasonable area that was stable. vegetation removal, and that could be served s. conditionally approved the proposal on a 3-0 conclusions. He reviewed a letter submitted by findings adopted by the Planning Commission as well the Use Permit. He noted that the project is categorically of the California Environmental Exemption Section 15303, City Attorney Rapport dis~ ~e n and conducted a public would not involVe?~=;~': The Commission staff arrived at its He discussed the s of Approval for requirements Categorical for a C~orical Exemption. Mr. Keefer explained that Staff the project that would require an second unit doe,, action is to stances pertaining to ,port (EIR). He noted that the ce the soil. Staff's recommended ~n's decision and deny the appeal. Council a PI; photos sub~ of staff covering the following topics: 6 inch pipe going into Gibson Creek, old the original Use Permit of the property, and im con' photograph by Councilmember been made or are necessary. his opinion that the vegetation report may have concentrated be disturbed with construction. He explained that Hull/Piffero Subdivision and Use Permit required site and to be inspected and approved by the Public Works ;nted on the issue of site preparation and grading techniques, Baldwin. He stated no additional Andersen posed questions of staff relative to the visual analysis and height of the building. MJ explained that the building is proposed to be 14 feet in height and would be g back from the edge of the building pad approximately 25 feet. He noted the Regular City Council Meeting August 6, 2003 Page 2 of 15 farther back the building sits on the pad, the more the view from the valley floor is diminished. He described the location of the second unit, noting the project was not clearly visible from various locations in the valley using binoculars. He noted the existing trees mature, they would further obstruct the view of the second unit. He addressed inquiries made concerning the issue of fire protection hydrant on the site is hooked up to the water tank implemented project. Upon further questioning from Councilmember Baldwin Nix drawing water from Gibson Creek, Mr. Keefer explained that it ~g that Mr. Nix had received past approval and/or permission to draw Creek, as well as from the Hull/Piffero water tank ....... ,~;~ff seen documentation concerning the drawing of water from ~ i~ii?,Creek, ~hd therefore included a Condition of Approval that there be a legal .~~ °~i!ii~er available prior to the issuance of the Building Permit. He contin,ue( ~?:~'iscuss t~e inquiries made Councilmember Baldwin concerning the Con, ~'S Ana!~is conducted for th~ Hull/Piffero project in conjunction with the pote fire ha~~,~: and the subsequent p r o t e ct iv e m e a s u r e sim pie m e n t ed. .~:~: ~"~'~"~ ':~''~'~':~'~':iii~ii!ii!:!i?.~ i ~ Mayor Larson inquired about original Use Permit building on site. He also inquired about the distance second unit, the proposed access, electrical mt developments, and shared .cilities such as Ilowed for a metal storage unit and the housing Mr. Keefer explained that square foot storage building. Th, approximately 250 feet. The sufficient area for a fire truck to turn weather surface primary to be paved. It rstanding primary ~s recomm~ :he Use included a 3,200 and second unit is surfaced and there is ;d road surface will be an all- g construction, and then it will would be separate electric meters for the the Commis: would be a vi( and hun: Bah to staff with regard to the average slope, natural state, and whether the Planning than five per cent is already disturbed, it the Hillside Regulations. He also inquired about the legal use of rithin the City limits. Mr. for the since no There is n~ hunting average slope is between three to one and two to one is no disturbance required for the second unit. Staff felt that diis required, it was not necessary to calculate the slope. disturbance required with the Use Permit. He advised that is not allowed within the City limits. H~ Opened: 7:19 p.m. TI M P spoke in support of upholding the Planning Commission's decision were: Weara, Rex Eiffert, Roe Sandelin, Robert Weara, Richard Howland, and ip Ashiku. Regular City Council Meeting August 6, 2003 Page 3 of 15 Those that spoke in support of overturning the Planning Commission's decision were: William French and Suzanne Pletcher. ............. Public Hearing Closed: 8:02p.m. Councilmember Smith inquired if Councilmember Baldwin, as the appeal of this permit, would be allowed to participate in Council's d~ on the appeal. to the vote City Attorney Rapport noted that, according to th~ Councilmember Baldwin wouldn't have a conflict of intere~ Cci Councilmember Smith complimented staff on the Planning Commission on their review of the aPl Planning Commission's recommendation to a the three Planning Commissioners present dui responsibilities, commitments, and obligations as Cc gone beyond what the requirements called for development. ,hness':'(~f their report and the','~ H~ ...... ,iced his support of th~ was his belief that very aware of their and that Mr. Nix has )aring the property for Councilmember Baldwin in~ Planning Commission's app~ and if there is a legal were no cumulative impact for noi: being set by the g properties, argued that there City Attorney Rapport explained own merits. As under CECA an u g ca,, dually considered on its ct analysis ~s concerned, that would occur ~pt project. Unless a project possesses that analysis. He explained that, in to be decided on the record that's the City Council consider the facts of the Councilm~ inquired as to the purpose of the black drainage pipe going d whether it is legal under the City's General Plan, the Hillside of Fish and Game. He also questioned whether the banks of Gibson Creek is legal according to the Department of Fish and Game. This would also apply to k fence that prevents the passageway of wildlife between noted that the Constraints Analysis Study accepted and approved by the ds against second units in the hills. to support the appeal and deny the Use Permit for Nix's second Use Permit #03-17 citing the findings of: iroposed second dwelling unit is inconsistent with the provisions of the zoning nance, as well as with the goals and policies of the Ukiah General Plan; and Regular City Council Meeting August 6, 2003 Page 4 of 15 b. The proposed second dwelling unit is incompatible with surrounding land uses and would be detrimental to the public's health, safety and general welfare. City Attorney Rapport explained that the staff report says that those ar~i~~g general findings that the City Council has to make, but Council would also additional specific findings which bridge the analytical gap between the~ince has been presented and those ultimate findings. It was his opinion tha~ ~,,$indings cited alone would not be legally adequate ...... ~,~:~:,~i',ii~iiiiii?~ ...... Motion Baldwin to amend the motion to include the finding th~iiii~ii!~,~:= there discussion by the Planning Commission regarding the Co~~nts Study and virtually no discussion at the Planning C me~g Section 9139, Hillside Development Standards, in percentage of property retained in the natural state: failed to support its findings that the second General Plan goal of creating more affordable agriculture in the valley, 3) that approval cou Study area above 60 to 70 projected according to the 4) the development of new homes and future substantially increase the risk of fire ignitions in the .~.'~=~'~,~,~,' ,~,~,~,,~=.~ ~.~?~o the Hillside Constraints Analysis. '::~=~.~?~?;?: City A. orney RappoA cil has to ma~~e finding that the approval of this specific Id be to the P~lic health, safety, and general welfare of the public. hat the Planning Commissio~i,,~:i~iiiiiii in any way th~? open space and new homes in the Analysis, and of these homes will Motion seconded by Mr. Keefer within Coun, was no discussion with the Planning Study, staff did address the items and those issues raised by City concern is of what the general discussions are about the the potential impacts from second units. The Planning ~d the impacts on each of the developments for this specific Mr. this pro. Nix has not~ his experience and opinion that the overall disturbance of than 10 percent of the entire site, and to his knowledge, Mr. :urbed any more of the site than what was approved with Use Permit 89- uested that the Public Hearing be reopened for public comment. Baldwin clarified the motion to amend the motion with the additional s: c) there was no discussion by the Planning Commission of the Hillside Analysis Study, d) that there was no discussion by the Planning Regular City Council Meeting August 6, 2003 Page 5 of 15 Commission of Section 9139, the Hillside Development Standards that relate minimum site development standards, average slope to minimum lot size, percentage of property retained in the natural state, and e) and that the P Commission failed to support its finding that the second unit will impact way the General Plan goal of creating more affordable housing while pre~ space and agriculture in the valley. to the ~ng M/S Baldwin/Andersen to allow the public to comment prior to taki~ Council on this matter, carried by a unanimous voice vote of the Public Hearing Reopened at: 8:26 p.m. Those that spoke in support of upholding the Planning David Hull, Rick Piffero, Brian Manning, and Rex Daniel de la Peza spoke in support of overturn Public Hearing Closed: 8:40 p.m. City decision were: decision. City Attorney Rapport stated that it is critical that evidence that's in the record. If Plan, there must be facts in th~ identified as being in conflict absolutely required that C~ support that statement. Council project would be detrimental and th in the record to support the supported by the General ict which can be did not think it is record that would specifically how this and substantial evidence Motion Bald, fin( gs. ~d the amen( nt to the original motion by adding several guidance to'~ be ring back t tn. dained Iion suggested by staff in the Report was if make those findings, they provide as much ~rt the reasons for believing second units would belief that it will be inconsistent with the General Plan, allowing ~ncil a set of drafted findings to support that position for Council's Motion Council Open Spac wherever pt unit 1 th~ · in s of the motion, he recommended that staff come back to shows this inconsistent with the Ukiah General Plan goal, Conservation-3 "To encourage clustering of residential development to preserve continuous unfragmented natural habitat, the second )ut mitigation of Open Space or trail dedication encourages scattered development, without mitigating trail or open space dedication to second ,'reates a precedent and cumulative impact and makes it more difficult for effect the Ukiah General Plan Open Space and Conservation element (CC- relating to trails and open space acquisition. It thought that it is difficult for City Council to rely on 14-year-old soils engineering, geology, hydrology, and Regular City Council Meeting August 6, 2003 Page 6 of 15 vegetation reports, and a grading plan. Those are among the reasons why he supports the motion. City Attorney Rapport explained that if staff tries to analyze these findings formulate findings that can be presented to the Council in good faith, and.:~,,,~ii~'Y C~ find the facts in the record to support them, he and the Planning Staff h~~ reserv~ the right to report that to Council when they bring the matter back to Co:.Ui~ili~iiii i ?,~,~,,,i?~ Mayor Larson clarified that the motion is to amend the motion ~i~enial City Clerk Ulvila called for clarification on the mot,ons.~ii!i~ told :'~t there ~i::iiii~:i~~ .......... ~:~,::~.. ~:~iiiii~:~' only two motions on the floor ..... :::~::~:~: ..... Roll call vote on the amendment to the wa]:~:.~::..as follows: AYES~ Councilmembers Andersen, Baldwin, and M~ [rson. ::~ S: Councilmember Smith. ABSTAIN: None. ABSENT: .... ::::~;~ Councilmember Andersen explained that he is very opinion that development on the western hillside is not town that have to look at it. He ' little to no visual impact and h Planning Staff and a be voting "no" on the considers some open space of the house because the whole ho for him it's the aesthetics of the h the defining cha~ ics of this skeptical about eometrical eq impacts will or som~ the · ::~::~.:.~=~ ~out the issue. It was his the people in there will be valid request of stated he would ways and seriously about the visibility is very important but and that it is one of Councilm~ against rights an no vi,, and recommends ..',....~=.¢,,.~.~.. spee~~.ontificate that community rights should be balanced versa. He to Dave Hull and said that if there were rre were an o dedication or trail dedication, there issue. He reminded Council that Staff has hills and that the Constraints Analysis also second units in the hills. for the record that he does not feel a need to make a ;sue and is ready to vote. Motion fa'~i~,:to the following roll call vote: AYES: Councilmember Baldwin. NOES: C ilmembers Andersen, Smith, and Mayor Larson. ABSTAIN: None. ABSENT: Q~cilmember Rodin. i"?'i~iii~[S Sm~~rson to uphold the appeal of the Planning Commission s acbons w~th "~rd.~,,~i~e Nix Use Permit #03-17, and carry by the followin~ roll call vote' AYfiS' G~~ombor Smith and Mayor karson. ~OfiS: Gouncilmombors Anderson and 8~in. ABSTAIn: ~ono. ~BS[~I: Gouncilmombor 8odin. Regular City Council Meeting August 6, 2003 Page 7 of 15 The motion failed due to a tie vote and the actions of the Planning Commission remain standing concerning Use Permit #03-17. Recessed' 8:55 p.m. Reconvened' 9:05 p.m. 7. PUBLIC HEARING 7b. Adoption of Resolution Approving the Project Ukiah Northwestern Pacific (NWP) Rail Trail; Mayor Larson explained that rather than Staff making a Power copies of the presentation were distributed to Council. Associated Planner Lohse advised that the potential development of a "rail-with-trail facility" fo 1.61-mile portion of the Northwestern Pacific Railr 12-foot wide pathway through most of the Staff has presented the proposal at NCRA's support the project in concept, with City staff returnii Council approval of the Feasibility Study has been would follow. The total cost of the project as presented is staff is researching funding optio and cost, this project will construction. City Manager Horsley what is needed to construct the and bicyclists along ~. It would utilize the railroad tracks. and they voted to the full Board once City Future technical studies ,775,386 and to the nature )n and study to determine Discussion in covering discussed. applying for grants to assist :RA's involvement in the project was also Publi ng Opera Suzanne made as to poke in support of the project. An inquiry was ir a trust fund has been established so that the community can onstruction of the trail. Cc 'k. that the City has signed agreements with the local establish accounts fro community projects such as the Closed: 9:15 pm with regard to the area the project would encompass in the City ie ad hoc committee that is working on the project. Other items discussed of the trails, and issues related to litter and crime. Council urged continue to seek funding for the project. It was noted that the Study refers to Regular City Council Meeting August 6, 2003 Page 8 of 15 "Clark Street" and it should be corrected to "Clay Street". Staff will work with consultants on errors in the document. M/S Andersen/Smith adopting Resolution 2004-03, Approving the Project Study for the Ukiah Northwestern Pacific Rail Trail, carried by the following .~11 AYES: Councilmembers Andersen, Smith, Baldwin, and Mayor Larson. :,~S: Non~? ABSTAIN: None. ABSENT: Councilmember Rodin ..... ~=~:~iiiiii~!~'~"iiiiiiiii~iiiiiii?~ii~i~ 7c. ~ubmit Annual Grantee Performance Re~ , Grant Risk ~arris advised that this is a public he, the A~ual Grante~'~':?~i!iii i ';'~::~,:~ Performance Reports (AGPR) for Community Grant #00-EDBG- 738. This grant was received in 1999-2000 for for businesses moving into Ukiah and also Performance Report includes the actual Loan Fund. The grant terminates Se for the loans and $73,300 for the assistance. The that were setaside in an account with the state within the first 24 months and none were made. Public Hearing Opened: 9:30 No one came forward to add~ Public Hearing Closed: 9:~ to the business communityiiiii ~se thlexisted. Th~ and the Revolving ,950 available lisencumbered the funds loans had to be made M/S Baldwin/Smith authorizing for Grant #00-EDBG-738, carried by Andersen, ABSENT: ~tee Performance Reports 'ote: AYES: Councilmembers None. ABSTAIN: None. . directed parcels leted, issue Players would be be relocate, evaluation and the pl~ ~nathan )praised: Gap (U cting Location ~eKnoblough advised that recently Council Gap Park and the potential purchase of three ;ast Clay Street. An appraisal of the East. Clay Street property was ~e property owner has indicated a sale price significantly higher consequently negotiations have ceased. The primary some of the surrounding uses, particularly the Ukiah intrusion are a concern for the Theater and that there of use. The UPT has recommended that the Skatepark could the other side of the tennis courts where the playground is located. An site for size deemed it inadequate to provide a functional Skatepark would have had to be relocated. A member of the UPT Board, ;)pie, has joined the Skatepark Committee and is very enthusiastic about a Dt of the North Coast Railroad Authority (NCRA) identified a portion of the property that may be available for the skatepark. The NCRA Property Committee Regular City Council Meeting August 6, 2003 Page 9 of 15 was supportive of the project however they expressed concern with how the property transfer would be structured, and whether it would be a lease or a sale. They concurred that the property transfer would be a current market value. Staff would put toget the Skatepark Committee and at Council's direction, a specific proposal for th, would include an actual property configuration and specific proposal for th~ or lease of the property. The Skatepark Committee has enthusiasticall, site and is recommending that the City enter into discussions with ~ad. He inquired if Council considers this site appropriate for the skate can provide direction to staff with regard to proceeding with further Property Committee. Those speaking in support of the project were: William Director DeKnoblough explained that the Pro proceed with the sale or lease of that property. sale of anything that is not owned by NCRA until the escrow closes and the escrow is a 1 cleanup of the southeastern portion of the leased with an option to buy at the end of that period ol He discussed other issues related to the property title transf~iii!i~!'~i~:'~:~,~ Councilmember Baldwin disc )unt of property ~" ~'~'~:~"~i~' the City in the Low Gap Road area by the J to the.,~::,~ty. He suggested that the City continue to )ossibi :he plaY"~und site and possibly one of the tennis courts to secure t has clearance toiiii!iiiiii? close escrow for th~ be transferred ~e limit is due to the ~pertY would have to be it were to be purchased. Director DeKnoblough discussed visibility and inte~ both sites Council. skatepark where there is would continue to work on Council that located in not centrally of the railroad depot site and proposed itiously. Having the skatepark located to the downtown business community and it's :he Low Gap Road site is good, it is remote and ~S 8b. Treatment Plant Preliminary_ Design Mayor polle¢ as to whether they would be available on September 3rd at 4:00 p.m.:i ior to the regular City Council meeting for the Workshop. Director advised that County representatives have been contacted and the time and date has been verified. Brown and Caldwell will also be in the Consensus of the City Council to schedule the Wastewater Treatment Preliminary Design Workshop for 4:00 p.m., on September 3, 2003. Regular City Council Meeting August 6, 2003 Page 10 of 15 . NEW BUSINESS Adoption of Resolution Approving Cooperative Agreement to Provid, Funding and Resources for the Development of a Mixing Zone Poli of Wastewater Treatment Supervisor Gall advised that very few promulgated California Toxics Rule (CTR) has established some new discharges of wastewater treatment plants in the state. Collectively, it few treatment plants are going to be able to meet these criteria. is to have the regional boards allow for dilution of the City's receiving water and make it possible for us to sample the receiving end of pipe discharges and meet this criteria. Unfortunateh gion policy in place nor the staff or resources to develop the associated with the Russian River Watershed Associ~ provide this funding and some resources for developing a policy. Staff is asking Council's group and, in lieu of its fees, act in an Russian River Watershed Association now. .~:,,~,~,,~,,,,~ as it at very ~n not dischar¢ have agreed to ional Board to investi¢ al to ~ome a member of thi§? cai:):~,,,:.as it does with the ve There was discussion concerning the proposal. It was as much as three years in which to implement. It was note wastewater treatment plant would still be discharges through its advance system which is will be no upgrades to that by staff that it might take of the .use the City ly and there M/S Smith/Andersen adopting Agreement to provide funding and Policy. Motion carri Smith, Ba Councih ! 9b. Disc C~ty approving Cooperative opment of a Mixing Zone dlowing roll ~. vote: AYES: Councilmembers Andersen, ~r Larson. N~S~None. ABSTAIN: None. ABSENT: Regarding Changes to UCC Section 1203 :~rt advised that currently, Section 1203 of the City Code provides other provision of this Code, any individual member of the er has the right to appeal to the City Council any action board, or Agency of the City. There is no time limit and exercise of the appeal right. Land use decisions involve owners rely on and if there is no time limit and no other City Council person or the City Manager appealing those decisions creates a cloud on those approvals and they become, in affect, not final are available under those permits vest. only apply to decisions made by the Planning Commission, and since ~cilmembers receive Planning Commission agendas prior to meetings, if there project that concerns them, the Councilmember would have the same as anyone else to appear before the Planning Commission and appeal it if Regular City Council Meeting August 6, 2003 Page 11 of 15 they felt the decision ought to be considered by the City Council. Three requirements that normally apply to an appeal of a Planning Commission decision, 1) that the appeal be filed within 10 days, 2) that they appear at the Planning Commission heari~?,~nd state their objections or position for the record, and 3) when filing an appeal, in writing and state the reasons for the appeal in your notice of appeal. The,~i~'~y is to create some finality and to cut off challenges so that the person c~~e a fin~'i action on their permit. He discussed how this could affect the avail ~ii~[~ancing and ho, w lenders would be reluctant to loan on projects in the Ci~ couldn t rely on their land use approvals for a definite period of '(~ after th=~ ~ere granted. He discussed other options available to Council. ~':"~::~::~?,::~' ~'~::,,,~ Councilmember Baldwin stated that he did not have a a~::~-day appe~':i a perception that period. One of the arguments against requiring //2 there is intent to intimidate the Planning Commissi Commission meeting and tried to make an articul the Planning Commission, that is why he did Councilmember Andersen agreed with understands the concern of those that want to However, he did not want to give up the right as both a cit appeal Planning Commission or a to proposed requirement//2 ~ CounCilmember attended meat~,~,,,:. In the last case befor~ the m~g. statements. He they need some finality. official to objected meeting. M/S Baldwin/Smith din the Staff Report. //1 and//3 as note Discussion followed relative to City Attorney property righl ~SS. requirements listed by the There was also discussion of vested Motion and Rod Councilmembers Andersen, Smith None. ABSENT: Councilmember 9. NEW Approval 200; City Report report reviewed th report to Co er Horsl to the Grand Jury_ of Mendocino County Final that, by letter of July 1, 2003, the 2002-2003 Final ounty Grand Jury was transmitted to the City of Ukiah. The in two areas, water utility and animal control. Staff has port and prepared replies that were included with the agenda summary :il. approving responses to the Grand Jury of Mendocino County Final carried by a unanimous voice vote of the City Council. ! NEW BUSINESS Adoption of Resolution Endorsing the Budget Accountability Act- Regular City Council Meeting August 6, 2003 Page 12 of 15 Councilmember Andersen Councilmember Andersen advised that he requested the Council consider the proposed "Budget Accountability Act". There is currently a ballot initiative.the state budget process. The Act would modify the State budget process, allow vote on the budget (currently it is 66.7%), imposing permanent loss of s Governor and legislators for each day the budget is not adopted after th deadline, requiring a 5% reserve in positive revenue years, and creat public access for budget and tax information and legislative voting record,, the groups that are supporting the Act. It is slated to be on ballot in :h 2004, signature gathering A brief discussion followed concerning the proposal.' ..... M/S Baldwin/Smith adopting Resolution 2~ Endorsing the Budget,,ii~i~iiii!!i Accountability Act, carried by the following roi Councilmember~ Andersen, Smith Baldwin, and Mayor Larsor ABSTAIN: None. ABSENT: Councilmember Rodin. Sm 9e. Assistant PQsition and Personnel Officer Harris staffed with one full-time Pe has reached a critical documentation requirements, employee relations issues, and responsibilities of the Department a the existing 32- position. Th budget NEW BUSINESS Consideration and Approval of Increase in Budget ,nnel is currently Assistant and g recruitments, legal )n activity, recurring staff. She discussed the Council approve increasing to a 40-hour/week benefited amendment to the Personnel Department Discu: M/S Smith hour/week to ;use of Personnel Assistant position from 32- full-time and approval of budget amendment in the amount of in the that he understood the concern of the Personnel that this amount of money will need to come from let to pay for the additional hours. by the following roll call vote: AYES' Councilmembers Rodin, iith Baldwin, and Mayor Larson. NOES: None. ABSTAIN: None. IClL REPORTS Regular City Council Meeting August 6, 2003 Page 13 of 15 Councilmember Baldwin wanted to talk to Council about the Paths, Open Space, and Creeks Commission (POSC) with regard to direction to them concerning the Hillside Development Regulations. Mayor Larson reported that there is a need to agendize for the next high school teacher and his students in Seattle, WA who have done "The Legends of the Redwoods". When the Redwood Highway first marathon was run from San Francisco to Grants Pass, Oregon American runners. The City of Ukiah is one of the 62-mile City to provide a promotional effort for "Native American Week" 2004. The City of Ukiah will have to commit to s need to be allocated toward the City's participation in the Discussion continued with regard to the event an, benefits associated with the event and the City of 1927 a ative economic, and othe~i~,::~i~!!i?: .... 12. CITY MANGER/CITY CLERK City Manager Horsley discussed the recycling over its maximum limit. She explained that the I: Sonoma County and they couldn't accept any more recyclir station that was equipment was down in She reported that the soil sam have been collected and she She also reported that Roland with a woman from the Army Corp,, she provided a copy of Mr. Sandford' Leslie Street next week reg; cleanup project the results. from rega Coun( Water Agency met :he raising of the dam and She hree articles magazine Fiscal Auth "R, Rules of ~rs". m the latest issue of the "Western Cities" Stability", "Civility in City Hall", and She each Commerce budget and will provide a copy to ;rsen inquired if the City received a response to letter it sent to Agency. City Mai and meeting to provided to ;d that the County reviewed the letter and the Inland water it at their meeting last night. The County will hold another :uss the response. Once the Board approves it, the document will be the members. Closed Session at 11:19 p.m. Regular City Council Meeting August 6, 2003 Page 14 of 15 13. CLOSED SESSION a. Conference with Labor Negotiator, G.C. §54957.6 Employee Negotiations: Management Unit Labor Negotiator: Candace Horsley, City Manager No action taken. 14. ADJOURNMENT There being no further business, the City Council meeting was ad i.m. Marie Ulvila, City Clerk Regular City Council Meeting August 6, 2003 Page 15 of 15 ITEM NO.: 6a DATE: October 15, 2003 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF SEPTEMBER 2003 Payments made during the month of September 2003, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 50223-50423, 50425-50505, 50593-50690 Accounts Payable Manual check numbers: none Payroll check numbers: 50108-50222, 50506-50592 Payroll Manual check numbers: 50424 Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of September 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Can~:~'~:e Horsl~, City Man~er KRS:W ORD/^GENDASEPT03 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 2003 Demand Payments approved: Check No. 50223-50320, 50321-50423, 50425-50505, 50593-50690 FUNDS: 100 General Fund $148,208.68 131 Equipment Reserve Fund 140 Park Development $9,795.00 141 Museum Grants $2,857.29 143 N.E.H.I. Museum Grant $1,508.83 150 Civic Center Fund 200 Asset Seizure Fund 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) $406.10 204 Federal Asset Seizure Grants 205 Sup Law Enforce Srv. Fd (SLESF) $219.81 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $8,902.96 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 290 Bridge Fund 301 2107 Gas Tax Fund 315 Airport Capital Improvement 330 Revenue Sharing Fund $107,628.99 332 Federal Emerg. Shelter Grant $3,350.18 333 Comm. Development Block Grant 334 EDBG 94-333 Revolving Loan $14.66 335 Community Dev. Comm. Fund $45,000.00 341 S.T.P. 342 Trans-Traffic Congest Relief $3,357.00 345 Off-System Roads Fund 410 Conference Center Fund $3,996.50 550 Lake Mendocino Bond 575 Garage $1,272.65 600 Airport 611 Sewer Construction Fund 612 City/District Sewer 640 San Dist Revolving Fund 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 670 U.S.W. Bill & Collect 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 50108-50222 DIRECT DEPOSIT NUMBERS 17895-18022 PAYROLL PERIOD 8/17103-8/30/03 PAYROLL CHECK NUMBERS: 50424, 50506-50592 DIRECT DEPOSIT NUMBERS 18023-18149 PAYROLL PERIOD 8131103-9113~03 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $88,442.31 $68,765.95 $32,356.80 $3,642.72 $39,044.15 $735.41 $75,269.70 $22,135.47 $704.40 $3,694.96 $116.18 $11,222.11 $434,262.40 $12,240.29 $573.75 $173,621.02 $13A35.46 $15,737.39 $359.38 $153,411.78 $1,719.45 $10,656.96 $325,000.00 $38,744.61 $1,864,077.96 $67,507.63 $146,214.20 $316,197.61 $2,393,997.40 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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DATE: October 15, 2003 AGENDA SUMMARY REPORT SUBJECT: AWARD ACQUISITION OF ROTARY SCREW AIR COMPRESSOR FROM INGERSOLL RAND EQUIPMENT SALES IN THE AMOUNT OF $13,977.09 FOR THE DEPARTMENT OF PUBLIC WORKS SUMMARY: The City Public Works Department worked with the Purchasing Department to obtain quotes for the acquisition of a rotary screw air compressor, hose, and miscellaneous tools. This compressor will serve as an important addition to the City fleet. Thirteen companies received requests for quotations. A notice requesting bids for the rotary screw air compressor, hose, and miscellaneous tools was published in the Ukiah Daily Journal on September 14 and 19, 2003. Four companies responded with quotes. The Iow bidder is Ingersoll Rand Equipment Sales, of San Leandro, with a bid of $13,977.09. Attachment 2 provides a listing of the companies which provided bids on the air compressor. The purchase amount of $13,977.09 (tax included) is less than the street maintenance budget amount of $15,000. The new compressor will replace City equipment number 6320, a 1983 Jo)/air compressor. RECOMMENDED ACTION: Award acquisition of rotary screw air compressor from Ingersoll Rand Equipment Sales in the amount of $13,977.09 for the Department of Public Works. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works,k2~ Candace Horsley, City Manager 1. Fiscal Year 2003/2004 budget sheet 2. Summary of bids APPROVED.~.~ -~ ~./~~- ' Can~ace HorsleY, City M'~ager AG-RotaryScrewAirCompressor. SUM I-' Z 0 O0 0 O0 0 0 0 0 0 0 O0 0 O0 O0 ~ 0 0 ~ 0 0 0 0 ~ 0 LLlrr _zci Ft~EKIT ~Z AGENDA SUMMARY ITEM NO. sa. DATE: OCTOBER 15, 2003 REPORT SUBJECT: PUBLIC HEARING FOR CONSIDERATION OF CLOSE OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT #00-EDBG-0738, ECONOMIC DEVELOPMENT ALLOCATION, AND REVISION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME REUSE PLAN The Community Development Block Grant (CDBG) program provides federal funding through the State of California Housing and Community Development Department (HCD). The program requires several public hearings to be held throughout the grant process from initial notification of funding availability by the State to termination of a grant. The requirement is to ensure adequate information regarding a grantee's intent and activities is presented to the public. This public hearing is twofold: 1 ) consideration of the City's accomplishments relative to grant #00- EDBG-0738, Economic Development Allocation, as part of the grant close out procedures, and 2) revisions to the City's CDBG Program Income Reuse Plan. Closeout of Grant #00-EDBG-0738 The City of Ukiah is one of approximately 180 communities in California that is eligible to compete for up to $870,000 each year in grant funds. The purpose of all CDBG money is to benefit primarily persons of Iow-moderate income. The State CDBG program provides funds for housing rehabilitation, housing construction, public works, economic development business loans or infrastructure, and planning/technical assistance grants. The City has received several CDBG grants. (Continued on Page 2) RECOMMENDED ACTIONS: . , Conduct Public Hearing, Receive Public Input, Determine The Accomplishments Of Grant #00-EDBG-0738, Economic Development Allocation, Have Been Satisfactorily Presented To The Public, and Authorize Submittal of Final Grantee Performance .Report; Continue Public Hearing to November 5, 2003 for Revisions to CDBG Program Income Reuse Plan. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Public notice published in the Ukiah Daily Journal CDBG program Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Final Grantee Performance Report for #00-EDBG-0738, pages 1-3; 2. City of Ukiah CDBG Program Income Reuse Plan, pages 4-6. A P P ROVE D :,~:~.~'~,..~, Oandace Horsley, Oity~M anager PUBLIC HEARING TO CONSIDER CLOSE OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT #00-EDBG- 0738, ECONOMIC DEVELOPMENT ALLOCATION, AND REVISION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME REUSE PLAN October 15, 2003 Page 2 The Public Hearing is a required step in the process of closing out the City's obligations associated with State Community Development Block Grant funds, Grant #00-EDBG-738. This procedure is to allow interested parties to comment on the grant performance and outcome of the project and is part of the citizen participation requirement associated with CDBG funds. A copy of the Final Grantee Performance Report (Attachment #1 ) has been made available for public review since the public notice date (October 5, 2003). The City is the recipient of a 1999-2000 CDBG Economic Development Allocation, Economic Enterprise Fund grant award to establish a Business Assistance Revolving Loan Fund Program and provide microenterprise counseling services to local entrepreneurs with businesses of five or fewer employees including the owner. The CDBG grant number for this award is 00- EDBG-738. Within this grant, the City had a commitment of $342,950 with which to make loans to businesses located and/or locating in the City of Ukiah and $73,300 to provide microenterprise counseling services. The City's microenterprise program operator, The West Company, has provided services to entrepreneurs in the City of Ukiah. The City's program has provided on- going assistance to 39 local entrepreneurs since October 2001. For Business Assistance Revolving Loan Fund Programs, the funds must be loaned by the 24th month. Despite the City's and contractor's best efforts to market the program and provide business loans, as of the 24th month of this grant term, no loans with the funds from this grant had been made. During the course of the grant term, the City found that demand for loans carrying the CDBG Federal and State overlay requirements and obligation to create jobs was lower than expected given the statewide economic conditions of the past few years. In accordance with CDBG requirements, the City disencumbered the business assistance loan funds. A proportional amount of the funds budgeted for Activity Delivery was also disencumbered. In total, the City disencumbered $381,870 in funds from this grant. To the best of its ability, the City of Ukiah pursued the expenditure of grant funds to assist local economic development. Though no loans were made, appropriate services were provided, grant milestones addressed, and national goals of the Community Development Block Grant program were met. Staff recommends the City Council authorize submittal of Final Grantee Performance Report for closeout of grant #00-EDBG-0738. CDBG Program Income Reuse Plan The CDBG program allows a recipient agency (the City) to utilize revenue derived from grant proceeds in accordance with prescribed procedures and benefiting the targeted income population of Iow and moderate income persons. This "reuse" of grant funding must be as prescribed in the "Program Income Reuse Plan" adopted by the City Council. The current plan was adopted in January 2000 and allows the City to use the income for business expansion and retention. Greater flexibility is necessary for this reuse to meet State requirements and Staff is proposing the plan be revised to allow expenses for housing in the form of loans for first time homebuyers. This could mesh with the City's current HOME Grant administered by the Community Development Commission or self-help projects developed by Rural Communities Housing Development Corporation. Specific plan terminology approved by the State has not yet been finalized for presentation to the Council. This portion of the public hearing is to determine if reuse for housing purposes is PUBLIC HEARING TO CONSIDER CLOSE OUT OF COMMUNITY DEVELOPMENT BLOCK GRANT #00-EDBG- 0738, ECONOMIC DEVELOPMENT ALLOCATION, AND REVISION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM INCOME REUSE PLAN October 15, 2003 Page 3 Desired by the Council and the community. If this is the case Staff will prepare the formal documentation and return at the next meeting with an amended reuse plan. Staff believes this is a very appropriate use of the funding and can be implemented with existing agencies. We are thus recommending the City Council consider this matter, provide direction to Staff, and continue the Program Income Reuse Plan portion of the public hearing to November 5. mfh:asrcc03 1015CDBG Coversheet/Certification Community Development Block Grant Program GRANTEE PERFORMANCE REPORT For period 7/1/03 to 9/30/03 General Information: Jurisdiction: City of Ukiah Grant # or RLF Name: 00-EDBG-738 Address of Jurisdiction: 300 Seminary Avenue Annual or X Final GPR If grant, check type: __ G/NA X ED Name of Preparer: Title: Ukiah, CA 95842 Matt Yancey, ADE Associate Phone: 916- 441-0323 Checklist of Contents: (include all parts applicable to your grant/RLF type) Activity 1 Activity 2 Activity 3 Activity 4 Inc. N/A Inc. N/A Inc. N/A Inc. N/A Coversheet/Certification Part 1. Common Demographics X X X X Part 2. Housing Activities X X X X Part 3. Public Works Activities X X X X Part 4. Public Services and Community X X X X Facilities Activities Part 5. Economic Development Activities X X X X Part 6. Displacement/Replacement Information X X X X Certification: I have reviewed the enclosed data and certify that to the best of my knowledge these data are true and accurate and the supporting records will be maintained and are available for State review. Signature of Authorized Representative Candace Horsley, City Manager Printed Name and Title Date b Jurisdiction: CiW of Ukiah Part 5. Economic Development Activities Grant No./RLF: 00-EDBG-738 Number of Jobs Created/Retained: (During this report period) Total Job Count Full Time Part Time Full Time Jobs Part Time Jobs6 TIG Jobs TIG Jobs7 a. Jobs created 0 0 0 0 b. Jobs retained 0 0 0 0 Number of Businesses Assisted: (During this report period) New Businesses: 0 Existing Businesses: Number of Clients Assisted: (Microenterprise Assistance Only) Beneficiaries by Ethnicity: (During this report period) Ethnicity White/Non-Hispanic Black/Non-Hispanic Hispanic Asian/Pacific Islander American Indian/Alaska Native Other/Unspecified TOTAL Number of Handicapped Beneficiaries: Number of Persons 31 39 39 If the activity does not meet the National Objective for TIG benefit, does the National Objective meet the Slum Blight Area's ObjectiveS? [] Yes [] No If yes, please provide the following information: Percent of deteriorated houses % SBA designator year Public Improvement Type/Condition: Boundaries: 6 Provides at least 875 work hours. 7 Provides at least 875 work hours to TIG individuals. '-'~ 8 Pertains only to Program Income and Economic Development activities. PROGRAM INCOME REUSE PLAN A Reuse Plan Governing Program Income from Community Development Block Grant (CDBG)-Assisted Activities CITY OF UKIAH JANUARY 19, 2000 The purpose of this plan is to establish guidelines regarding the policies and procedures for the administration and utilization of program income received as a result of activities funded under the State of California Community Development Block Grant Program (CDBG). Need for Plan Governing Reuse of Program Income. This Reuse Plan is intended to satisfy the requirements specified in Federal statute and regulation at Section 104 (j) of the Housing and Community Development Act ("the Act"), as amended in 1992 and 24 CFR 570.489 (e) (3). These statutory and regulatory sections permit a unit of local government to retain program income for CDBG-eligible community development activities. Under federal guidelines adopted by the State of California's CDBG program, local governments are permitted to retain program income so long as the local government has received advance approval from the State of a local plan that will govern the expenditure of the program income. This Plan has been developed to meet these requirements. Program Income Defined Program Income is defined in Federal regulations at 24 CFR 570.489 (e) which specifies that Program Income is the gross income received by the jurisdiction that has ben directly generated from the use of CDBG funds (for those program income generating activities that are only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG participation). Examples of Program Income include: payments of principal and interest on housing rehabilitation or business loans made using CDBG funds; interest earned on Program Income pending its disposition, and interest earned on funds placed in a revolving loan fund account; net proceeds from the disposition by sale or long - term lease of real property purchased or improved with CDBG funds; income (net of costs incidental to the generation of the income) from the use or rental of real property ;that has been acquired, constructed, or improved with CDBG funds and that is funded (in whole or in part) by the participating jurisdiction or subrecipient. If the total amount of income generated from the use of CDBG funds (and retained by the City) during a single program year (July 1 through June 30)is less than $25,000, these funds shall not be deemed to be Program Income and shall not be subject to these polices and procedures. Costs incurred that are incidental to the generation of Program Income may be deducted from the gross income to determine the Program Income amount. CDBG Reuse Plan Page 1 of 3 Reuses of Program Income Program Income must be: a) disbursed for an activity funded under an open grant prior to drawing down additional Federal funds; b) forwarded to the State of California, Department of Housing and Community Development ("Department"); or c) distributed according to this Program Income Reuse Plan that has been approved by DEPARTMENT. The City of Ukiah's Program Income will be used to fund eligible CDBG activities that meet a national objective. Eligible activities and national objective requirements are specified in federal statute at Section 105 (a) and in federal regulations at 24 CFR 570.482 and 24 CFR 570.483. The City of Ukiah reserves to itself the options of utilizing Program Income to fund a CDBG-eligible activity that has been written into a general allocation grant application; or, to amend an open CDBG grant to include an additional CDBG-eligible activity that will be funded from Program Income. Distribution For Reuse of Program Income The City of Ukiah's Program Income will be deposited in the Business Expansion and Retention Revolving Loan Fund (RLF). 100% of the Program Income will be deposited into the RLF. Business Expansion and Retention RLF This fund will be used to provide "gap" financing for businesses that can document the need for CDBG assistance and that will created or retain qualifying permanent jobs that will be principally filled by members of households who have an annual income that is 80% or less than the County of Mendocino median household income, adjusted for size. At least 51% of the funds expended for activities under this RLF shall be used for revolving activities, i.e., loans. No more than 21% of the program income funds received during the program year shall be expended for grants for public infrastructure improvements that are needed to accommodate a specific business expansion or retention project. No more than 10% of the total funds expended for business assistance activities shall be used for activity delivery costs. No more than 18% of the amount expended annually may be expended for general administrative costs related this RLF activity. In any event, the total expended for non- revolving activities (grants, activity delivery costs, and general administration) shall not exceed 49% of the total funds expended during the program year (July 1 through June 30). The Program Income received by the RLF during the program year shall be substantially expended by the end of the program year. The RLF shall not maintain a funding balance that exceeds the amount needed to fund a single project and its related administraitve costs. If the activities funded under the RLF are for the same activities as those funded under and open State CDBG grant agreement, then the funds available in this RLF shall be expended prior to drawing down funds from the State CDBG program. The review and funding of requests for CDBG loan or grant assistance under this RLF shall be conducted under the federal underwriting guidelines specified at 24 CFR 570.482 (e)that CDBG Reuse Plan Page 2 of 3 have been adopted by the City of Ukiah and incorporated in the RLF's project review procedures. These guidelines will ensure that the amount and terms of the CDBG assistance are appropriate given the documented needs of the business and given the amount of public benefit (job creation/retention) that will result from the CDBG-assisted project. In addition, any activity requesting funding under this RLF shall be deemed to be eligible under Section 570.482 and Section 105 (a) of the Act and shall be determined to provide sufficient public benefit as specified under Section 570.482 (f). Any CDBG assistance for infrastructure shall meet the requirements of Section 570.483 (b) (4) (F) which requires ongoing job tracking for all businesses that initially benefit from an infrastructure project as well as any subsequent business(s) benefiting from these improvements. All assistance provided to activities under this RLF shall be made for activities that are located within the City's jurisdiction. The City shall comply with all State CDBG reporting requirements, including submittal of an annual Grantee Performance Report for the RLF and submittal of the required Annual Program Income Report. The City shall ensure that the use of Program Income under this Plan complies with all CDBG program requirements. These requirements include citizen participation, environmental review, equal opportunity and labor standards, Section 3, acquisition and relocation, procurement and property management, and maintenance of adequate accounting and record keeping systems. To ensure ongoing compliance with CDBG requirements, the City shall utilize the latest available State CDBG Program Grant Management Manual for guidance on compliance procedures and polices. This Plan was_adopted by the City Council of the City of Ukiah on January 19, 2000 after the I conduct of a public hearing and consideration of citizen comments regarding this Plan pursuant to the City's CDBG-required Citizen Participation Plan. Attest: Jim Mastin, Mayor Marie Ulvila, City Clerk Approved by the California Department of Housing and Community Development on 2000 Name and title CDBG Reuse Plan Page 3 of 3 AGENDA SUMMARY ITEM NO. t 0a DATE: October 15, 2003 REPORT SUBJECT: DISCUSSION AND REVIEW OF THE CITY OF UKIAH STORM WATER MANAGEMENT PLAN SUMMARY: As mandated by the State Water Resources Control Board (SWRCB), Staff has prepared the City of Ukiah Storm Water Management Plan (CUSWMP). The City must submit this plan, a Notice of Intent (NOI), and a fee in the amount of $3,000 by October 27, 2003. The National Pollutant Discharge Elimination System (NPDES) Phase II rules are the basis for the preparation of the CUSWMP. These rules were published in the Federal Register on December 8, 1999 (64 FR 68722). The general goal of NPDES is to preserve, protect, and improve the nation's water resources relative to polluted storm water runoff. Common pollutants in storm water runoff include pesticides, fertilizers, oils, salt, litter, other debris (leaves, etc.), and sediment. The implementation schedule found in Appendix B of the attached CUSWMP is the heart of the plan. This schedule addresses the following six minimum control measures: 1. Public education and outreach (distribute brochures, develop storm water web page); 2. Public involvement and participation (public meetings, storm drain stenciling, creek cleanup projects); 3. Illicit discharge detection and elimination (leaks and spills, dumping into storm drains); 4. Construction site storm water runoff control (develop erosion control ordinance, require erosion control measures in City bid documents;) 5. Post-construction storm water management (develop ordinance, reduce sources of pollutants, reduce or mitigate increased impervious surfaces); 6. Pollution prevention and good housekeeping for municipal operations (street sweeping, manhole cleaning, storm drain inlet cleaning). (continued on page 2) RECOMMENDED ACTION: 1. Receive Storm Water Management Plan. 2. Provide comments to Staff. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager City of Ukiah Storm Water Management Plan APPROVED:t-~)~~ Candace H~)rsley, City r~nager Page 2 Discussion and Review of the City of Ukiah Storm Water Management Plan October 15, 2003 Specific best management practices (BMPs) and activities are identified for the City to implement over a five year period. Staff has noted several items on the schedule which are already being implemented: abatement of abandoned vehicles, hazardous materials inspection programs, spill response and prevention, Mendocino Solid Waste Management Authority (MSWMA) HazMobile, disposal of waste antifreeze, disposal of waste oil, Industrial Pretreatment Program, sanitary sewer/manhole cleaning and flushing program, street sweeping, and posting of pet waste signage. The City and the County of Mendocino Water Agency have identified some activities which can be accomplished cooperatively, thereby realizing some cost savings and efficiency. The combination of these BMPs/activities along with the others listed will enable the City to substantially improve the quality of its storm water runoff. As required by the SWRCB the City will submit annual reports to measure its progress toward meeting the BMPs and activities identified in the implementation schedule. The City has the option to request a modification of its CUSWMP at a future date should the BMPs and activities need to be changed or eliminated. With this plan there will be various associated costs. Along with the fee of $3,000 for filing the NOI and CUSWMP with the SWRCB, the City will have the added expense of completing the items on the implementation schedule. If the City elects to initiate year round street sweeping, there will be an expense of approximately $55,000, including benefits, for a full time street sweeper. In addition, one of the City's street sweeper trucks is planned for replacement in FY 2003-2004. The other sweeper, purchased in 1993 will be due for replacement in 2008. The current replacement cost for a street sweeper is estimated to be $130,000. While not all of the costs have been determined at this time, the City has the following potential funding sources: General Fund, assessments, fees, special taxes, grants, and loans. Once the annual costs for the CUSWMP have been determined, a City-wide storm water ordinance might address a fee to be established on the basis of an equivalent runoff unit. Staff recommends review of the attached draft version of the CUSWMP for comments and/or corrections prior to filing the plan with the Regional Water Quality Control Board. AG-SWMP-NPDES.SUM.doc Draft City of Ukiah Storm Water Management Plan October 9, 2003 City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482-5400 Date & Time printed 10/10/2003 8:56 AM CONTENTS Acknowledgement Introduction Regulatory Background ................................................................................... 1 Purpose of the Storm Water Management Plan ............................................... 2 Content of the City of Ukiah Storm Water Management Plan .......................... 2 NPDES Phase II Program and Requirements Description of the Phase II NPDES Program ................................................ 3 State Phase II General Permit Requirements ................................................. 4 General Permit Organization City Resources ................................................................................................. 7 Permit Boundaries ............................................................................................ 7 Applicability of BMPs and Activities ................................................................. 7 4 Best Management Practices and Measurable Goals Description of the Six Minimum Measures ....................................................... 8 BMPs and Activities to be Completed by the City of Ukiah ............................. 14 5 Signatory Requirement ................................................................................ 15 Appendices Appendix A - Figure 1, Permit Boundaries for the City of Ukiah Appendix B - City of Ukiah Implementation Schedule Appendix C - Notice of Intent Appendix D - State General Permit Waste Discharge Requirements for Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (MS4s) Appendix E - Glossary of Terms and Acronyms ACKNOWLEDGEMENT In preparing the City of Ukiah documentation for compliance with National Pollutant Discharge Elimination System (NPDES) Phase II requirements, City representatives closely followed the format and types of information incorporated in the County of Mendocino Storm Water Management Plan and related documents. Section 1 Introduction Regulatory Background Since the passage of the Federal Water Pollution Control Act (also referred to as the Clean Water Act (CWA)), the quality of our Nation's waters has improved dramatically. Despite this progress, however, degraded waterbodies still exist. According to the 1996 National Water Quality Inventory (Inventory), a biennial summary of State surveys of water quality, approximately 40 percent of surveyed U.S. waterbodies are still impaired by pollution and do not meet water quality standards. A leading source of this impairment is polluted storm water runoff. In fact, according to the Inventory, 13 percent of impaired rivers, 21 percent of impaired lake acres, and 45 percent of impaired estuaries are affected by urban/suburban storm water runoff. Six percent of impaired rivers, 11 percent of impaired lake acres, and 11 percent of impaired estuaries are affected by construction site discharges. In 1972, the CWA was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) permit. The 1987 amendments to the CWA added §402(p), which established a framework for regulating storm water discharges under the NPDES Program. Phase I of the U.S. Environmental Protection Agency's (EPA) storm water program was promulgated in 1990 under the CWA. Phase I relies on NPDES permit coverage to address storm water runoff from: (1) "Medium" and "Large" Municipal Separate Storm Sewer Systems (MS4s) generally serving populations of 100,000 or greater, (2) construction activity disturbing 5 acres of land or greater, and (3) ten categories of industrial activity. On December 8, 1999, EPA promulgated regulations known as the Storm Water Phase II Final Rule. The Phase II program expanded the Phase I program by requiring additional operators of MS4s in urbanized areas and operators of small construction sites through the use of NPDES permits, to implement programs and practices to control polluted storm water runoff. On May 28, 2003 the State Water Resources Control Board (SWRCB) sent a Notification of National Pollutant Discharge Elimination System Permit Requirements for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems (Water Quality Order No. 2003-0005-DWQ) to the City of Ukiah Director of Public Works. In Attachment 2 of WQO 2003-0005-DWQ, the SWRCB designated the City of Ukiah as an Operator of Municipal Separate Storm Sewer Systems (a regulated "Small" MS4). The City of Ukiah is required to prepare a Storm Water Management Plan and implement programs and practices to control polluted storm water runoff. Purpose of the Storm Water Management Plan The purpose of the City of Ukiah Storm Water Management Plan (CUSWMP) is to implement and enforce a series of management practices, referred to herein as "Best Management Practices" (BMPs). These BMPs are designed to reduce the discharge of pollutants from urban runoff or municipal separate storm sewer systems (MS4s) to the "maximum extent practicable," to protect water quality, and to satisfy the appropriate water quality requirements of the Clean Water Act. The achievement of these objectives will be gauged using a series of Measurable Goals, which also are contained in the plan. The BMPs are grouped under the following six "Minimum Control Measures" (MCMs), which are required under the Phase II regulations: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Storm Water Runoff Control 5. Post-Construction Storm Water Management 6. Pollution Prevention and Good Housekeeping for Municipal Operations Content of the City of Ukiah Storm Water Management Plan The CUSWMP describes the organizational framework under which the objectives of NPDES Phase II will be accomplished. It contains a description of the plan, tables, and maps of the area to be covered by the NPDES permit for which the CUSWMP was prepared. The tables describe how and when the BMPs/MCMs and Measurable Goals will be applied and enforced within the jurisdictional boundaries of the City. The heart of the CUSWMP is the listing of BMPs/MCMs and Measurable Goals in the Attachments. The list was developed using the comprehensive list of potential BMPs and Measurable Goals promulgated by the EPA. Section 2 NPDES Phase II Program and Requirements Description of the Phase II NPDES Program The Phase II NPDES Program is intended to reduce adverse impacts to water quality and aquatic habitat by instituting the use of controls on the unregulated sources of storm water discharges that have the greatest likelihood of causing continued environmental degradation. The environmental problems associated with discharges from MS4s in urbanized areas and discharges resulting from construction activity are described below. Storm water discharges from MS4s in urbanized areas are a concern because of the high concentration of pollutants found in these discharges. Concentrated development in urbanized areas substantially increases impervious surfaces, such as city streets, driveways, parking lots, and sidewalks, on which pollutants from concentrated human activities settle and remain until a storm event washes them into nearby storm drains. The Russian River in the Ukiah area is listed for sedimentation and temperature and on California's 2002 Section 303(d) List of Water Quality Limited Segments. This list was approved by the US Environmental Protection Agency on July 25, 2003. Common pollutants of concern from storm water runoff can include pesticides, fertilizers, oils, litter and other debris, and sediment. Another concern is the possible illicit connections of sanitary sewers, which can result in fecal coliform bacteria entering the storm sewer system. Storm water runoff picks up and transports these and other harmful pollutants, then discharges them untreated to waterways through storm sewer systems. When left uncontrolled, these discharges can result in fish kills, the destruction of spawning and wildlife habitats, a loss in aesthetic value, and contamination of drinking water supplies and recreational waterways that can threaten public health. Uncontrolled runoff from inadequately protected construction sites is a water quality concern because of the devastating effects that sedimentation can have on local waterbodies, particularly small streams. Numerous studies have shown that the amount of sediment transported by storm water runoff from construction sites with no controls is significantly greater than from sites with controls. In addition to sediment, construction activities yield pollutants such as pesticides, petroleum products, construction chemicals, solvents, asphalts, and acids that can contaminate storm water runoff. During storms, construction sites may be the source of sediment-laden runoff, which can overwhelm a small stream channel's capacity, resulting in streambed scour, stream bank erosion, and destruction of near-stream vegetative cover. Where left uncontrolled, sediment-laden runoff has been shown to result in the loss of in-stream habitats for fish and other aquatic species, an increased difficulty in filtering drinking water, and the loss of drinking water reservoir storage capacity. The Phase II NPDES Program contains six program elements, termed "Minimum Control Measures," and described as follows: 1. Public Education and Outreach Distributing educational materials and performing outreach to inform citizens about the impacts polluted storm water runoff discharges can have on water quality. 2. Public Involvement and Participation Providing opportunities for citizens to participate in program development and implementation, including effectively publicizing public hearings and/or encouraging citizen representatives to attend storm water management program meetings. 3. Illicit Discharge Detection and Elimination Developing and implementing a plan to detect and eliminate illicit discharges to the storm sewer system. This could include developing a system map, informing the community about hazards associated with illegal discharges and improper disposal of waste, and enforcement measures. 4. Construction Site Storm Water Runoff Control Developing, implementing, and enforcing an erosion and sediment control program for construction activities that disturb one or more acres of land (controls could include silt fences and temporary storm water detention ponds). 5. Post-Construction Storm Water Management Developing, implementing, and enforcing a program to address discharges of post-construction storm water runoff from new development and redevelopment areas. Applicable controls could include preventative actions such as protecting sensitive areas (e.g., wetlands) or the use of structural BMPs such as grassed swales or porous pavement. 6. Pollution Prevention and Good Housekeeping for Municipal Operations Developing and implementing a program with the goal of preventing or reducing pollutant runoff from municipal operations. The program must include training of City staff on pollution prevention measures and techniques, which might include such things as regular street sweeping, reduction in the use of pesticides, or frequent cleaning of catch-basins. State Phase II General Permit Requirements The EPA delegated to the State Water Resources Control Board (SWRCB) the authority to administer and enforce the Phase II NPDES Program within the State of California. In 2003 the SWRCB adopted a General Permit for storm water discharges from regulated Small MS4s. An "MS4" is defined as a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channels, or storm drains): (i) designed or used for collecting or conveying storm water; (ii) which is not a combined sewer; and (iii) which is not part of a Publicly Owned Treatment Works (POTW) as defined at Title 40 of the Code of Federal Regulations (CFR) {}122.2. The definition of a Small MS4 provided in §122.26(b)(16) includes systems of storm water conveyances owned or operated by the United States, a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. This term does not include separate storm sewers in very discrete areas, such as individual buildings. A "Small MS4" is defined as an MS4 within a U.S. Census Bureau defined "urbanized area" that is not a permitted MS4 under the Phase I regulations. This definition of a Small MS4 applies to MS4s operated within cities and counties as well as governmental facilities that have a system of storm sewers. Federal regulations allow two permitting options for storm water discharges (individual permits and general permits). The SWRCB elected to adopt a statewide general permit in order to efficiently regulate numerous storm water discharges under a single set of permit requirements. In certain situations a storm water discharge may be regulated by an individual permit, a region-specific general permit, or by inclusion in an existing Phase I permit. In these situations, the individual or regional permits will govern, rather than the General Permit. Entities Subject to the General Permit The General Permit regulates discharges of storm water from "regulated Small MS4s." A "regulated Small MS4" is defined as a Small MS4 that discharges to a water of the U.S. or other MS4 regulated by an NPDES permit and is designated in one of the following ways: 1. Automatically designated by U.S. EPA pursuant to 40 CFR §122.32(a)(1) because it is located within an urbanized area defined by the Bureau of the Census; or 2. Individually designated by the SWRCB or Regional Water Quality Control Board (RWQCB) after consideration of the following factors: a. High population density- High population density means an area with greater than 1,000 residents per square mile. Also to be considered in this definition is a high population density that is created by a non-residential population, such as tourists or commuters. b. High growth or growth potential-If an area grew by more than 25% between 1990 and 2000, it is a high growth area. If an area anticipates a growth rate of more than 25% over a 10-year period ending prior to the end of the first permit term, it has high growth potential. c. Significant contributor of pollutants to an interconnected permitted MS4 - A small MS4 is interconnected with a separate permitted MS4, if storm water that has entered the Small MS4 is allowed to flow directly into a permitted MS4. In general, if the Small MS4 discharges more than 10% of its storm water to the permitted MS4, or its discharge makes up more than 10% of the other permitted MS4's total storm water volume, it is a significant contributor of pollutants to the permitted MS4. In specific cases, the MS4s involved, or third parties, may show that the 10% threshold is inappropriate for the MS4 in question. d. Discharge to sensitive waterbodies- Sensitive waterbodies are receiving waters, including groundwater, which are a priority to protect. The Russian River is on the 303d list. Sensitive waterbodies include the following: · Those listed as providing or known to provide habitat for threatened or endangered species; · Those used for recreation that are subject to beach closings or health warnings; or · Those listed as impaired pursuant to CWA §303(d) due to constituents of concern in urban runoff (these include BOD, sediment, pathogens, petroleum hydrocarbons, heavy metals, floatables, polycyclic aromatic hydrocarbons (PAHs), trash, and other constituents that are found in the MS4 discharge). Additional criteria to qualify as a sensitive water body may exist and may be determined by the SWRCB or RWQCB on a case-by-case basis along with the MS4's designation justification. e. Significant contributor of poflutants to waters of the United States-Specific conditions presented by the MS4 may lead to significant pollutant loading to waters of the U.S. that are otherwise unregulated or inadequately regulated. An example of such a condition may be the presence of a large transportation industry. These factors are considered when the SWRCB evaluates whether a Small MS4 should be required to implement a storm water program that meets the provisions of the General Permit. An MS4 and the population that it serves need not meet all of the factors to be designated. These factors were chosen to target MS4s that in general have the potential to impact water quality due to conditions influencing discharges into their system or due to where they discharge. The City of Ukiah has been designated a regulated small MS4 since its storm water runoff discharges into a sensitive water body (Russian River) and due the high population density of the city. Notification Requirements The City of Ukiah must submit a Notice of Intent (NOI) to comply with the terms of the General Permit, a Storm Water Management Plan (SWMP), and a fee of $3,000 to the RWQCB by October 27, 2003. Regulated Small MS4s that fail to obtain coverage under this General Permit will be in violation of the CWA and the Porter-Cologne Water Quality Control Act. A regulated Small MS4 will be considered to be permitted once the NOI has been received by the RWQCB. The MS4 shall then begin implementing its Plan. However, the RWQCB Executive Officer may require the City to refine its SWMP if it appears to be an inadequate tool to achieve compliance with this General Permit. The City may also revise its own SWMP, but must propose such changes to the RWQCB. Section 3 General Permit Organization As mentioned in Section 2, the EPA has delegated authority to the SWRCB to administer and enforce the Phase II NPDES permit process within California. In turn the SWRCB has delegated permitting authority to the RWQCB to administer the NPDES permit process within the area identified for this plan. By State Water Resources Control Board letter of May 28, 2003, the City was advised that it had been designated as a regulated Small MS4 and would be required to obtain an NPDES permit for the discharge of storm water. City Resources The negative aspect of the NPDES Phase II regulations is that it is an unfunded mandate. In these times of State budget crisis, the City is required to implement new and costly programs on a reduced budget. For example, in order to implement year- round street sweeping, an additional street maintenance employee is needed at an additional expense of $55,000 (wages and benefits) to the City. This does not include additional capital costs for equipment. Permit Boundaries 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. Figure 1 Appendix A, shows the geographic area covered by the CUSWMP. Applicability of BMPs and Activities The BMPs and Activities will be applied within the City limits as described above and as stated in the Implementation Schedule, Appendix B. Section 4 Best Management Practices and Measurable Goals Description of the Six Minimum Measures This plan will allow for the implementation and enforcement of a program designed to reduce the discharge of pollutants from the municipal separate storm sewer systems within the City of Ukiah, to the "maximum extent practicable" to protect water quality. As required under the Phase II NPDES General Permit, this plan addresses the six "Minimum Control Measures" that are described generally in Section 2, and described in more detail below. BMPs and associated Measurable Goals will be implemented during the course of the permit term for each of these six Minimum Control Measures. It is through the implementation and evaluation of these BMPs and Measurable Goals that the City will ensure that the objectives of the Phase II NPDES Program will be met within the required timeframe and the permit boundaries. Public Education and Outreach What is Reouired? To satisfy this minimum control measure, the operator of a regulated small MS4 must: 1. Implement a public education program to distribute educational materials to the community, or conduct equivalent outreach activities about the impacts of storm water discharges on local waterbodies and the steps that can be taken to reduce storm water pollution. 2. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? An informed and knowledgeable community is crucial to the success of a storm water management program since it helps to ensure the following: 1. Greater support for the program as the public gains a greater understanding of the reasons why it is necessary and important. Public support is particularly beneficial when operators of Small MS4s attempt to institute new funding initiatives for the program or seek volunteers to help implement the program. 2. Greater compliance with the program as the public becomes aware of the personal responsibilities expected of them and others in the community, including the individual actions they can take to protect or improve the quality of area waters. City of Ukiah BMPs / Activities Already Implemented The City of Ukiah has already begun implementation of various items regarding Public Education and Outreach. The following photographs are examples of BMPs/Activities already completed by the City. Pet Waste Bags- Todd Grove Park Example of Storm Drain Stenciling In addition, the City intends to work with the Mendocino County Water Agency to develop and to distribute an educational brochure on the importance of good storm water quality. 2. Public Involvement and Participation What is Reouired? To satisfy this minimum control measure, the operator of a regulated small MS4 must: 1. Comply with applicable public notice requirements; and 2. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary.? EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal storm water management program and, therefore, suggests that the public be given opportunities to play an active role in both the development and implementation of the program. An active and involved community is crucial to the success of a storm water management program because it allows for: 1. Broader public support since citizens who participate in the development and decision making process are partially responsible for the program and, therefore, may be less likely to raise legal challenges to the program and more likely to take an active role in its implementation. 2. Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and increased resources in the form of citizen volunteers. 3. A broader base of expertise and economic benefits since the community can be a valuable, and free, intellectual resource. 4. A conduit to other programs as citizens involved in the storm water program development provide important networking and relationships with other community and government programs. This benefit is particularly valuable when trying to implement a storm water program on a watershed basis, as encouraged by EPA. 3. Illicit Discharge Detection and Elimination What is Reauired? Recognizing the adverse effects illicit discharges can have on receiving waters, the final rule requires an operator of a regulated small MS4 to develop, implement and enforce an illicit discharge detection and elimination program. This program must include the following: 1. A storm sewer system map, showing the location of all outfalls and the names and location of all waters of the United States that receive discharges from those outfalls. 2. Through an ordinance, or other regulatory mechanism, a prohibition (to the extent allowable under law) on non-storm water discharges into the MS4, and appropriate enforcement procedures and actions. 3. A plan to detect and address non-storm water discharges, including illegal dumping, into the MS4. 4. The education of public employees, businesses, and the general public about the hazards associated with illegal discharges and improper disposal of waste. 5. The determination of appropriate best management practices (BMPs) and Measurable Goals for this minimum control measure. Why is it Necessary.? Discharges from MS4s often include wastes and wastewater from non-storm water sources. Illicit discharges enter the system through either direct connections (e.g., wastewater piping either mistakenly or deliberately connected to the storm drains) or indirect connections (e.g., infiltration into the MS4 from cracked sanitary systems, spills collected by drain outlets, or paint or used oil dumped directly into a drain). The result is untreated discharges that contribute high levels of pollutants, including heavy metals, toxics, oil and grease, solvents, nutrients, viruses, and bacteria to receiving waterbodies. Pollutant levels from these illicit discharges have been shown in EPA studies to be high enough to significantly degrade receiving water quality and threaten aquatic, wildlife, and human health. 4. Construction Site Storm Water Runoff Control What is Reouired? The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in storm water runoff to their MS4 from construction activities that result in a land disturbance of greater than or equal to one acre. The small MS4 operator is required to: 1. Have an ordinance or other regulatory mechanism requiring the implementation of proper erosion and sediment controls, and controls for other wastes, on applicable construction sites. 2. Have procedures for site plan review of construction plans that consider potential water quality impacts during and/or after construction. 3. Have procedures for site inspection and enforcement of control measures. l0 4. Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanism). 5. Establish procedures for the receipt and consideration of information or complaints submitted by the public. 6. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? Polluted storm water runoff from construction sites often flows to MS4s and ultimately is discharged into local rivers and streams. Of the pollutants listed in the table below, sediment is usually the main pollutant of concern. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forest lands for the equivalent area of land disturbed. Pollutants Commonly Discharoed From Construction Sites Sediment and Debris Solid and sanitary wastes Phosphorous (fertilizer) Nitrogen (fertilizer) Pesticides Oil and grease Concrete truck washout City of Ukiah BMPs / Activities Already Implemented The City of Ukiah has already begun implementation of various items regarding Construction Site Storm Water Runoff Control. The following photographs are examples of erosion control measures required by the City and installed by local contractors. straw cover erosion control protection of drop inlet with rock & silt fence 5. Post-Construction Storm Water Management What is Reouired? The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in post-construction storm water runoff to their MS4 from new development and redevelopment projects that result in the land disturbance of greater than or equal to 1 acre. The small MS4 operator is required to: 1. Develop and implement strategies which include a combination of structural and/or non-structural best management practices (BMPs). 2. Have an ordinance or other regulatory mechanism requiring the implementation of post-construction storm water runoff controls to the extent allowable under law. 3. Ensure adequate long-term operation and maintenance of controls. 4. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? Post-construction storm water management in areas undergoing new development or redevelopment is necessary because runoff from these areas has been shown to significantly affect receiving waterbodies. Many studies indicate that prior planning and design for the minimization of pollutants in post-construction storm water discharges is the most cost-effective approach to storm water quality management. There are generally two forms of substantial impacts of post-construction storm water runoff. The first is caused by an increase in the type and quantity of pollutants in storm water runoff. As runoff flows over areas altered by development, it picks up harmful sediment and chemicals such as oil and grease, pesticides, heavy metals, and nutrients (e.g., nitrogen and phosphorus). These pollutants often become suspended in runoff and are carried to receiving waters, such as lakes, ponds, and streams. Once deposited, these pollutants can enter the food chain through small aquatic life, eventually entering the tissues of fish and humans. The second kind of post-construction storm water runoff impact occurs by increasing the quantity of water delivered to the waterbody during storms. Increased impervious surfaces interrupt the natural cycle of gradual percolation of water through vegetation and soil. Instead, water is collected from surfaces such as asphalt and concrete and routed to drainage systems where large volumes of runoff quickly flow to the nearest receiving water. The effects of this process include stream bank scouring and downstream flooding, which often lead to a loss of aquatic life and damage to property. 6. Pollution Prevention and Good Housekeeping for Municipal Operations What is Required? Recognizing the benefits of pollution prevention practices, the rule requires an operator of a regulated small MS4 to: 1. Develop and implement an operation and maintenance program with the ultimate goal of preventing or reducing pollutant runoff from municipal operations into the storm sewer system. 2. Include employee training on how to incorporate pollution prevention/good housekeeping techniques into municipal operations such as park maintenance, fleet and building maintenance, new construction and land disturbances, and storm 12 water system maintenance. To minimize duplication of effort and conserve resources, the MS4 operator can use training materials that are available from EPA, the State, or relevant organizations. 3. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? The Pollution Prevention and Good Housekeeping for Municipal Operations minimum control measure is a key element of the small MS4 storm water management program. This measure requires the small MS4 operator to examine and subsequently alter their own actions to help ensure a reduction in the amount and type of pollution that: (1) collects on streets, parking lots, open spaces, and storage and vehicle maintenance areas and is discharged into local waterways, and (2) results from actions such as environmentally damaging land development and flood management practices or poor maintenance of storm sewer systems. While this measure is meant primarily to improve or protect the quality of receiving waters by altering municipal or facility operations, it can also result in a cost savings for the small MS4 operator, since proper and timely maintenance of storm sewer systems can help avoid repair costs from damage caused by age and neglect. City of Ukiah BMPs / Activities Already Implemented The City of Ukiah has already begun implementation of various items regarding Pollution Prevention and Good Housekeeping for Municipal Operations. The City of Ukiah's Wastewater Treatment Plant staff currently operate the Industrial Pretreatment Program. This program focuses on efforts to reduce hazardous waste and interfering waste that enters into the sanitary sewer system. Through this program, businesses report on the disposal of their hazardous/interfering waste. The following photographs are examples of the street sweeping and erosion control efforts the City is already executing regarding this BMP / Activity. City of Ukiah street sweeping rocked road and wattle to reduce erosion at City Landfill BMPs and Activities to be Completed by the City of Ukiah Specific BMPs and Activities that will be completed as required under NPDES Phase II are identified, as shown in the tables of Appendix B entitled "City of Ukiah Implementation Schedule". It is the intent of the City to achieve, within the initial five-year cycle of the NPDES Permit, all of the BMPs/Activities it has selected. The pace at which the City completes its selected BMPs/Activities will vary, depending on a number of factors. These factors include such things as financial and manpower resources to perform the BMPs/Activities. For BMPs/Activities that the City does not believe it can reasonably expect to complete within the initial five year period, an explanation of the circumstances that will prevent completion from occurring is provided. Each year of the permit, the City is required to submit an Annual Report to the RWQCB on activities conducted for NPDES Phase II storm water management requirements. The first report will be due September 15, 2004 for Fiscal Year 2003-2004. Each report thereafter will be due on the same date of each consecutive year until September 15, 2008. The reports will document activities that took place between July 1 and June 30 of the previous fiscal year. The City will determine if BMPs/Activities were completed and assess the success or failure of the selected BMPs and MCMs. If modifications need to be made, the City will propose changes to alter the CUSWMP to make it more successful. ]4 Section 5 Signatory Requirement This Storm Water Management Plan must be signed and certified by a principal executive officer, ranking elected official, or duly authorized representative. I certify under penalty of law that this document and afl attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system or those persons directly responsible for gathering the information, to the best of my knowledge and belief, the information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Candace Horsley City Manager ]5 Appendix A Permit Boundaries for the City of Ukiah I fil IIIf' ^11t~^ Of' I}()VqlIIf)V,/I,II 111I. III GflOSSI~IG S1HEETS ARE I)ESIG/~A~ED HOllfll OR SOUTII CROSSING OF PFItKIt, IS I)11 ! L L1 L/MIr IIA,~ TII,16~ . AV. Appendix B City of Ukiah Implementation Schedule q) ~' 0 _cc 0 ~ 0 0 0 · ~ > > .- m ~ ~V~A X X m ~ ~ t m 0 Appendix C City of Ukiah Notice of Intent Attachment 7 WQO 2003-0005-DWQ State Water Resources Control Bohrd NOTICE OF INTENT TO COMPLY WITH THE TERMS OF THE GENERAL PERMIT FOR STORM WATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (WATER QUALITY ORDER NO. 2003 - 0005 - DWQ) NOI Status Mark Only One Item 1. [ ]New Permittee 2. [ ]Change of Information WDID #: ] II Agency Information A. Agency B. Contact Person D. Mailing Address F. City I. Phone I J' FAX I L. Operator Type (check one) I. [ ] City 2. [ ] County 3. [ ] State 4. [ ] Federal C. Title E. Address (Line 2) StateCA I G. Zip I tt. County I K. Email Address 5. [ ] Special District 6. [ ] Government Combination III. Permit Area IV. Boundaries of Coverage (include a site map with thc submittal) V, Billing Information A. Agency B. Contact Person D. Mailing Address F. City C. Title E. Address (Line 2) I State G. Zip [ 11. County CA I. Phone I J' FAX K. Email Address I Fees arc based on thc daily population served by the Small MS4. To dctcmfinc your fcc, consult thc current fcc schedule (California Code of Regulations, Title 23, Division 3, Chapter 9 Article i), which can bc viewed at www.swrcb.ca.gov/stormwtr/municipal.html. L. Population Check(s) should bc made payable to thc SWRCB and submitted to thc appropriate R\VQCB. SWRCB Tax ID is: 68-0281986 VI. Discharger Information (check applicable box(cs)'and complete corresponding information) 1. [ ] Applyingfor. Individual General Permit Coverage 2. [ ] Applying for a permit with one or more co-permittees The undersigned agree to work as co-permittees in itnplementing a complete small MS4 storm water program. The program must comply with the requirements found in Title 40 of the Code of Federal Regulations, parts 122.32. Attach additional sheets if necessary. Each co-permittee must complete an NOl. Lead Agency Signature Agency Signature Agency Signature Agency Signature 3. [ ] Separate Implementing Entity (SIE) A. Agency B. Contact Person C. Title D. Mailing Address E. Address (Line 2) F. City State G. Zip Il. County CA I. Phone H. Operator Type (check one) 1. [ ] City 2. [ ] County K. Email Address 3. [ ] State 4. [ ] Federal 5. [ ] Special District 6. [ ] Government Combination Minimum Control Measures being implemented by the SIE (check all that apply) [ ] Public Education [ ] Public lnvolvmnent [ ] Construction [ ] Post Construction [ ] Illicit Discharge/Elimination [ ] Good Housekeeping "I agree to coordinate with thc agency identified in Section III of this form and comply with its qualifying storm water program. I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate thc information submitted. Based on my inquiry of thc person or persons who manage thc system, or those persons directly responsible for gathering thc information, to thc best of my knowledge and belief, thc information submitted is true, accurate, and complete. I am aware that there arc significant penalties for submitting false information, including thc possibility of fine and imprisonment. Additionally, I certify that thc provisions of thc permit, including thc development and implementation ofa Stornl Water Management Program, will bc complied with." N. Signature of Official Date VII. Storm Water Management Plan (check box) [ ] As per section A.2. of this General Permit, the SWMP is attached. VIII. Certification "I certify under penalty of law that this document and all attachments wcrc prepared under my direction and supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate thc infom~ation submitted. Based on my inquiry of thc person or persons who manage thc system, or those persons directly responsible for gathering thc information, to thc best of my knowledge and belief, thc information submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including thc possibility of fine and imprisonment. Additionally, I certify that thc provisions of thc pcrnfit, including thc development and implementation ora Storm Water Management Program, will bc complied with." A. Printed Name: B. Title: C. Signature: D. Date: Appendix D State Water Resources Control Board Water Quality Order No. 2003-0005-DWQ National Pollutant Discharge Elimination System General Permit No. CAS000004 Waste Discharge Requirements For Storm Water Discharges from Small Municipal Separate Storm Sewer Systems (General Permit) FACT SHEET FOR STATE WATER RESOURCES CONTROL BOARD (SWRCB) WATER QUALITY ORDER NO. 2003'-0005 - DWQ NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT NO. CAS000004 WASTE DISCHARGE REQUIREMENTS (WDRS) FOR STORM WATER DISCHARGES FROM SMALL MUNICIPAL SEPARATE STORM SEWER SYSTEMS (GENERAL PERMIT) BACKGROUND In 1972, the federal Water Pollution Control Act (also' referred to as the Clean' Water Act [CWA]) was amen~led to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a NPDES permit. The 1987 amendments to CWA added section 402(p), which established a framework for regulating storm water discharges under the NPDES Program. Subsequently, in 1990, the U.S. Environmental Protection Agency (U.S. EPA)promulgated regulations for permitting storm water discharges from industrial sites (including construction sites that disturb five acres or more) and from municipal separate storm sewer systems (MS4s) serving a population of 100,000 people or more. These regulations, known as the Phase I regulations, require operators of medium and large MS4s to obtain storm water permits. On December 8, 1999, U.S. EPA promulgated regulations, known as Phase II, requiting permits for storm water discharges from Small MS4s and from construction sites disturbing between one and five acres of land. This General Permit regulates storm water discharges from Small MS4s. An "MS4" is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): (i) designed or used for collecting or conveying storm water; (ii) which is not a combined sewer; and (iii) which is not part of a Publicly Owned Treatment Works (POTW). ' [See Title 40, Code of Federal Regulations (40 CFR) § 122.26(b)(8).] A "Small MS4" is an MS4 that is not permitted under the municipal Phase I regulations, and which is "owned or operated by the United States, a State, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity .... "(40 CFR § 122.26Co)(16)). Small MS4s include systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hOspital or prison complexes, and highways and other thoroughfares, but do not include separate storm sewers in Appendix E Glossary of Terms and Acronyms Glossary of Terms and Acronyms Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of "waters of the United States." BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Clean Water Act (CWA) - In 1972, the U.S. Congress adopted the Federal Water Pollution Control Act, which created a comprehensive set of regulations for the protection of water quality throughout the United States. This legislation, which has been amended several times, has become more commonly referred to as the Clean Water Act. It is under this legislation that the EPA has put into place the Phase I and Phase II storm water NPDES programs. Code of Federal Regulations (CFR)- The codified compilation of Federal Regulations covering a wide range of issues. The Phase I and Phase II storm water regulations are contained within the CFRs. Department of Public Works (DPW)- The City of Ukiah Department of Public Works. Environmental Health (EH)- The Mendocino County Division of Environmental Health. Environmental Protection Agency (EPA)- The U.S. government agency responsible for protection of the environment, and which develops and administers the storm water program regulations. General Permit- The State's NPDES permit that regulates storm water discharges from Small MS4s. The General Permit requires regulated Small MS4s (Permittees) to develop and implement a Storm Water Management Program (SWMP) designed to reduce the discharge of pollutants to the Maximum Extent Practicable (MEP) and to protect water quality. The main goal of the General Permit is to require the development and implementation of a program that takes an interdisciplinary approach to storm water. The intent is that through such an approach, storm water quality impacts will be considered in all aspects of a municipality's activities and that multiple departments within the municipality will work together to implement storm water BMPs. Maximum Extent Practicable (MEP) - MEP is the acronym for Maximum Extent Practicable. MEP is the technology-based standard established by Congress in CWA section 402(p)(3)(B)(iii) that must be met by municipal dischargers of storm water. Technology-based standards establish the level of pollutant reductions that dischargers must achieve. MEP is generally a result of emphasizing pollution prevention and source control best management practices (BMPs) primarily (as the first line of defense), in combination with treatment methods serving as a backup (additional line of defense). The MEP approach is an ever evolving, flexible and advancing concept, which considers technical and economic feasibility. As knowledge about controlling urban runoff continues to evolve, so does that which constitutes MEP. The way in which MEP is met varies between communities. The individual and collective activities elucidated in their Storm Water Management Program becomes their proposal for reducing or eliminating pollutants in storm water to the MEP. Measurable Goal - Definable task or accomplishment that is associated with implementing a best management practice. Minimum Control Measure (MCM) - A storm water program area that must be addressed (best management practices implemented to accomplish the program goal) by all regulated Small MS4s. The following six minimum control measures are required to be addressed by the regulated Small MS4s: Public Education and Outreach, Public Involvement and Participation, Illicit Discharge Detection and Elimination, Construction Site Storm Water Runoff Control, Post-Construction Storm Water Management, and Pollution Prevention and Good Housekeeping for Municipal Operations. MS4- Municipal Separate Storm Sewer System. A system of pipes, drain inlets, culverts, drainage channels, etc., to collect and transport storm water runoff. NPDES- National Pollutant Discharge Elimination System. Under this program the EPA issues permits under Section 402 of the federal Clean Water Act. The Regional Water Quality Control Boards in California have been delegated the authority to issue and administer the Phase I and Phase II storm water NPDES permits. New Development- Land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. Offsite Facility- A geographically non-adjacent or discontinuous site that serves, or is secondary to, the primary facility and has the same owner as the primary facility. An offsite facility must be permitted for storm water discharges if it meets the definition of a regulated Small MS4 itself. The offsite facility may satisfy this permitting requirement if the SWMP of the primary facility addresses the offsite facility, such that the permitted area of the primary facility includes the offsite area. Outfall - A point source at the location where a municipal separate storm sewer discharges to waters of the United States and does not include open conveyances connecting two municipal separate storm sewers, or pipes, tunnels or other conveyances which connect segments of the same stream or other waters of the United States and are used to convey waters of the United States. (40 CFR §122.26(b)(9)) Phase I and Phase II NPDES Programs- The two phases of EPA's storm water regulations. The Phase I regulations apply to municipal separate storm sewer systems (MS4s) generally serving populations of 100,000 or greater, construction activity disturbing five acres of land or greater, and ten categories of industrial activity. The Phase II regulations apply to MS4s serving smaller populations within "urbanized areas" as defined by the U.S. Census Bureau, and construction activity disturbing one acre of land or greater. Point Source - Any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture or agricultural storm water runoff. (40 CFR §122.2) Porter-Cologne Water Quality Control Act- The legislation in California which established the State Water Resources Control Board and which addresses water quality within the State. POTW - Publicly Owned Treatment Works. Regional Water Quality Control Board (RWQCB)- The division of the SWRCB that administers and enforces water quality regulations within its region of the state. There are nine RWQCBs in California. The City of Ukiah is within Region 1, which is called the North Coast Regional Water Quality Control Board. The RWQCBs and their staff will oversee the State General Permit for the Phase II regulations. As appropriate, they will review SWMPs and reports, require modification to SWMPs and other submissions, impose region-specific monitoring requirements, conduct inspections, and take enforcement actions against violators of the General Permit. The City of Ukiah will submit its Notice of Intent and annual reports for NPDES Phase II compliance. Regulated Small MS4 - A regulated Small MS4 is a Small MS4 that is required to be permitted for discharging storm water through its MS4 to waters of the U.S., and is designated either automatically by the U.S. EPA because it is located within an urbanized area, or designated by the SWRCB or RWQCB in accordance with the designation criteria listed at Finding 11 of the General Permit. Separate Implementing Entity (SIE) - An entity, such as a municipality, agency, or special district, other than the entity in question, that implements parts or all of a storm water program for a Permittee. The SIE may also be permitted under 40 CFR Part 122. Arrangements of one entity implementing a program for another entity are subject to approval by the Regional Water Quality Control Board Executive Officer. Small Municipal Separate Storm Sewer System (Small MS4) - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that are: (i) Owned or operated by the United States, a State, city, town, boroughs, county, parish, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, storm, water, or other wastes, including special districts under State law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or designated and approved management agency under section 208 of the CWA that discharges to waters of the United States. (ii) Not defined as "large" or "medium" municipal separate storm sewer systems (iii) This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in very discrete areas, such as individual buildings. (40 CFR §122.26(b)(16)) Source Control BMP - Any schedules of activities, prohibitions of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. State Water Resources Control Board (SWRCB)- The branch of State government responsible for protection of water quality, and which develops and implements policies for this purpose. The SWRCB developed the General Permit for use by entities that must be permitted under the Phase II storm water regulations. Storm Water- Precipitation that does not infiltrate into the soil including material dissolved or suspended in it. Storm Water Management Plan (SWMP)- A plan that meets all the requirements of Section D of the State's General Permit (contained in Appendix B). The SWMP shall reduce the discharge of pollutants from the regulated Small MS4 to the MEP and shall protect water quality. The SWMP shall serve as the framework for identification, assignment, and implementation of control measures/BMPs. The SWMP shall be revised to incorporate any new or modified BMPs or measurable goals developed through the Permittee's annual reporting process. The SWMP must describe the BMPs, and associated measurable goals that will fulfill the requirements of the six Minimum Control Measures described in the City of Ukiah Implementation Schedule of the CUSWMP. The SWMP must identify the measurable goals for each of the BMPs, including, as appropriate, the months and years for scheduled actions, including interim milestones and the frequency of the action. Structural BMP - Any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). The category may include both Treatment Control BMPs and Source Control BMPs. Treatment - The application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. Treatment Control BMP - Any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process. End of Document Pet Waste Bags- Todd Grove Park Example of Storm Drain Stenciling In addition, the City intends to work with the Mendocino County Water Agency to develop and to distribute an educational brochure on the importance of good storm water quality. 2. Public Involvement and Participation What is Required? To satisfy this minimum control measure, the operator of a regulated small MS4 must: 1. Comply with applicable public notice requirements; and 2. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? EPA believes that the public can provide valuable input and assistance to a regulated small MS4's municipal storm water management program and, therefore, suggests that the public be given opportunities to play an active role in both the development and implementation of the program. An active and involved community is crucial to the success of a storm water management program because it allows for: 1. Broader public support since citizens who participate in the development and decision making process are partially responsible for the program and, therefore, may be less likely to raise legal challenges to the program and more likely to take an active role in its implementation. 2. Shorter implementation schedules due to fewer obstacles in the form of public and legal challenges and increased resources in the form of citizen volunteers. 3. A broader base of expertise and economic benefits since the community can be a valuable, and free, intellectual resource. 4. A conduit to other programs as citizens involved in the storm water program development provide important networking and relationships with other community and government programs. This benefit is particularly valuable when trying to implement a storm water program on a watershed basis, as encouraged by EPA. 4. Have sanctions to ensure compliance (established in the ordinance or other regulatory mechanism). 5. Establish procedures for the receipt and consideration of information or complaints submitted by the public. 6. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? Polluted storm water runoff from construction sites often flows to MS4s and ultimately is discharged into local rivers and streams. Of the pollutants listed in the table below, sediment is usually the main pollutant of concern. Sediment runoff rates from construction sites are typically 10 to 20 times greater than those of agricultural lands, and 1,000 to 2,000 times greater than those of forest lands for the equivalent area of land disturbed. Pollutants Commonly Discharqed From Construction Sites Sediment and Debris Solid and sanitary wastes Phosphorous (fertilizer) Nitrogen (fertilizer) Pesticides Oil and grease Concrete truck washout City of Ukiah BMPs / Activities Already Implemented The City of Ukiah has already begun implementation of various items regarding Construction Site Storm Water Runoff Control. The following photographs are examples of erosion control measures required by the City and installed by local contractors. straw cover erosion control protection of drop inlet with rock & silt fence 5. Post-Construction Storm Water Management What is Required? The Phase II Final Rule requires an operator of a regulated small MS4 to develop, implement, and enforce a program to reduce pollutants in post-construction storm water runoff to their MS4 from new development and redevelopment projects that ]! water system maintenance. To minimize duplication of effort and conserve resources, the MS4 operator can use training materials that are available from EPA, the State, or relevant organizations. 3. Determine the appropriate best management practices (BMPs) and measurable goals for this minimum control measure. Why is it Necessary? The Pollution Prevention and Good Housekeeping for Municipal Operations minimum control measure is a key element of the small MS4 storm water management program. This measure requires the small MS4 operator to examine and subsequently alter their own actions to help ensure a reduction in the amount and type of pollution that: (1) collects on streets, parking lots, open spaces, and storage and vehicle maintenance areas and is discharged into local waterways, and (2) results from actions such as environmentally damaging land development and flood management practices or poor maintenance of storm sewer systems. While this measure is meant primarily to improve or protect the quality of receiving waters by altering municipal or facility operations, it can also result in a cost savings for the small MS4 operator, since proper and timely maintenance of storm sewer systems can help avoid repair costs from damage caused by age and neglect. City of Ukiah BMPs / Activities Already Implemented The City of Ukiah has already begun implementation of various items regarding Pollution Prevention and Good Housekeeping for Municipal Operations. The City of Ukiah's Wastewater Treatment Plant staff currently operate the Industrial Pretreatment Program. This program focuses on efforts to reduce hazardous waste and interfering waste that enters into the sanitary sewer system. Through this program, businesses report on the disposal of their hazardous/interfering waste. The following photographs are examples of the street sweeping and erosion control efforts the City is already executing regarding this BMP / Activity. City of Ukiah street sweeping rocked road and wattle to reduce erosion at City Landfill AGENDA SUMMARY ITEM NO. ].Ob DATE: October 15, 2003 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 7 TO THE AGREEMENT WITH EBA ENGINEERING IN AN AMOUNT NOT TO EXCEED $158,021 FOR ENVIRONMENTAL SERVICES AT THE CORPORATION YARD AND APPROVE BUDGET AMENDMENT IN THE AMOUNT OF $8,271 SUMMARY: In June 2003, EBA Engineering, (EBA) on behalf of the City of Ukiah, submitted an Interim Remedial Action Work Plan at the Corporation Yard to the North Coast Regional Water Quality Control Board (NCRWQCB). The Interim Remedial Action will include removal of the canopy on the north end of the City garage building, abandonment of a groundwater monitoring well, and excavation and removal of approximately 670 cubic yards of soil located at the site of the former fueling island. Once the soil is removed, backfill material will be installed and compacted. The site will be covered with asphalt concrete pavement. By letter dated July 15, 2003, (Attachment 2) the NCRWQCB directed the City to proceed with the work identified in the work plan and to submit a report of field findings regarding the soil excavation associated with the old fueling facility at the Corporation Yard. Staff obtained a continued on page 2 RECOMMENDED ACTION: 1. Authorize Execution of Amendment No. 7 to the Agreement with EBA Engineering in an amount not to exceed $158,021 for Environmental Services at the Corporation Yard. 2. Approve an amendment to the 2003/2004 budget increasing expenditures in account 100.3301.250.000 by $8,271. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised: N / A Requested by: Diana Steele, Director of Public Works / City Engine~-~ Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with' Candace Horsley, City Manager ,Attachments: 1. Amendment No. 7 to the Agreement 2. Letter from NCRWQCB 3. Cost Estimate from EBA Engineering 4. Agreement for Professional Consulting Services 5. Fiscal Year 2003 / 2004 budget sheet 6. Budget Amendment Worksheet APPROVED: ~ Candace Horsley, City,Manager RJS: AGebaProfSvcs9 / Page 2 Authorize Execution of Amendment No. 7 to the Agreement with EBA Engineering in an Amount Not to Exceed $158,021 for Environmental Services at the Corporation Yard and Approve Budget Amendment in the Amount of $8,271 October 15, 2003 cost estimate from EBA Engineering for completion of the work plan and related quarterly groundwater monitoring (Attachment 3). EBA Engineering has obtained verbal approval from the NCRWQCB to extend the deadline for submittal of the required report. Funds in the amount of $149,750 are available for this work and are identified in the Fiscal Year 2003 / 2004 budget as shown in Attachment 5. A budget amendment in the amount of $8,271 is therefore needed to fund the work mandated by the NCRWQCB. Staff has filed a claim for insurance coverage with the City's insurance provider, Great American Custom Insurance Services, Inc. In addition, staff is in the process of filing an application with the State of California Underground Storage Tank Cleanup Fund for reimbursement of expenses related to this project. Staff recommends authorization of Amendment Number 7 with EBA Engineering and approval of the budget amendment in the amount of $8,271. ATTACHMENT CITY OF UKIAH AMENDMENT NO. 7 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED AUGUST 26, 1998 TERMS AND CONDITION~ All terms and conditions of the Agreement for Professional Consulting Services dated August 26, 1998; the Amendment dated December 15, 1998; the Second Amendment dated May 5, 1999; the Third Amendment dated July 5, 2000; the Fourth Amendment dated August 23, 2001; the Fifth Amendment dated September 23, 2002 and the Sixth Amendment dated February 27, 2003 shall remain in force and effect except as modified by this seventh amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 7. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the July 15, 2003 letter from the California Regional Water Quality Control Board and described in the EBA Engineering Interim Remedial Action Work Plan, City of Ukiah Corporation Yard dated June 2, 2003. Copies of said documents are included in this seventh amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and e),'pense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $158,021. E~. ENGINEERING CITY OF UKIAH BY: PRINT NAME: TITLE: BY: CANDACE HORSLEY City Manager DATE DATE Am ;rd;n6nt No. 7 to Agreement for Prcfes,. ional Consulting Services ATTACHMENT~ California Regional Water Qu. ality Control Board .. North Coast Region . Winston H. Itickox William R. Massey, Chairman ' Gray Davis Secretary for Intemet Address: http://www.swrcb.ca.gov/rwqcb 1 / Governor Environmental 5550 Skylane Boulevard, Suite A, Santa Rosa, California 95403 Protection Phone: 1 (877) 721-9203 (toll free) · Office: (707) 576-2220 · FAX: (707) 523-0135 July 15, 2003 RECEIVED Mr. Richard Seanor City of Ukiah Department of Public Works 300 Seminary Drive Ukiah, CA 95482 JUL 1 6 2003 CITY OF UKIAH DEPT. OF PUBLIC WORKS Dear Mr. Seanor: Subject: File: Interim Remedial Action Work Plan Comments Ukiah City Corporation Yard, 1320 Airport Road, Ukiah, CA, Case No. 1TMC201 Regional Water Quality Control Board (Regional Water Board) staff has reviewed the Interim Remedial Action Work Plan (Workplan) dated June 2003 prepared by EBA Engineering and the file for the Ukiah City Corporation Yard. Based on this review, Regional Water Board concurs with the scope of work presented in the Workplan. Please submit the report of field findings for the proposed soil excavation by October 15, 2003. This request for a report of field findings is made pursuant to Section 13267(b) of the California Water Code (CWC). Please notify Regional Water Board staff at least five (5) business days prior to starting the field portion of this work so that the proposed soil excavation may be observed. If you have any questions, please call me at (707) 576-2671. Sincerely, Daniel L. Warner Environmental Scientist DLW:clh/UCCY-I 1 Workplan Comments cc: Mr. Wayne Briley, Mendocino County Health Dept., 501 Low Gap Road, Room 1326, Ukiah, CA 95482 Mr. Eriksen Phenix, EBA Wastechnologies, 825 Sonoma Avenue, Santa Rosa, CA 95404 California Environmental Protection Agency Recycled Paper (h_~st Estimate for Environmental Ser,~,ices - Fiscal Year 2003 - 2004 ~TTACHMENT "-' t'r..iect l~ocation: 1320 Airport Road, [ikiah, CA Client Name: City of Ukiuh Department of Puhlic XVork~ EBA Project #: 98-621 Date: October 7, 2003 Task Class Budgeted Hours/Units Rate Line ltemTotal Task Sub-Total Task Total 12 Permit Application Prcp *( I ) Environmental Specialist 8 $ 55.00 $ 440.00 Project Manager 4 $ 70.00 $ 280.00 Backfill/grading permit I $ $ Clerical 1.5 $ 42.00 $ 63.00 $ 783.00$783.00 14 Site Visit (mark site for USA) Environmental Specialist 6 $ 55.00 $ 330.00 Mileage 2400.36 $ 86.40 $ 416.40 $416.40 40 Ovemxcavation - Canopy Removal (*2) Environmental Specialist 20 $ 55.00 $ 1,100.00 Project Manager als 70.00$ 420.00 Subcontractor 1~15 4,249.25 $ 4,249.25 Mileage 240 $ 0.36 $ 86.40 $ 5,855.65 $5,855.65 28 Monitoring Well Abandonment (*1)Environmental Specialist 10 $ 55.00 $ 550.00 Project Manager 2 $ 70.00 $ 140.O0 Subcontractor I $ 1,125.00 $ 1,125.00 Mileage 120 $ 0.36 $ 43.20 $ 1,858.20 $1,858.20 17 Excavation Oversight - soil removal Environmental Specialist 80 $ 55.00 $ 4,400.00 Project Manager 30 $ 70.00 $ 2,100.00 Subcontractor 1 $ 67,168.00 $ 67,168.00 Mileage 480 $ 0.36 $ 172.80 DID Rental 2 $ 70'.00 $ 140.00 En Core Sampling Apparatus 84 $ 9.00 $ 756.00 Field Supplies 2 $ 80.00 $ 160.00 45 Laboratory AnalyUcal rPH-g, TPH-d, BTEX, Fuel Oxygenates 28 $ 247.25 $ 6,923.00 Fotal Lead 10 $ 20.00 $ 200.00 $ 82,019.80 $82,019.80 29 Soil Disposal Project Manager 2 $ 70.00 $ 140.00 Forward Landfill, Stockton 1175 tons 15/ton $ 17,625.00 45 Laboratory Analytical FPH-g, TPH-d, BTEX, Lead 12 $ 149.50 $ 1,794.00 $ 19,559.00 $19,559.00 42 Compaction Testing Environmental Specialist 61 $ 55.00 $ 330.00 5ubcontractor 11 $ 1,421.40 $ 1,421.40 $ 1,751.40$1,751.4£ I 42 Site Restoration- Paving (*2) Environmental Specialist 1~ $ 55.00 $ 880.00 Project Manager ~ $ 70.00 $ 140.00 Subcontractor $ 18,896.80 $ 18,896.80 Vlileage 24( $ 0.36 $ 86.40 $ 20,003.20 $20,003.212 5 Quarterly Groundwater Sampling - Four quarters Environmental Specialist 112 $ 55.00 $ 550.00 Environmental Tech 1£ $ 45.00 $ 450.00 Project Manager 2 $ 70.00 $ 140.00 Field Supplies 212 $ 10.00 ~ $ 200.00 Mileage 2412 $ 0.365 $ 87.60 Storage Dram 2 $ 50.00 $ 100.00 $ 1,527.60 $6,110.4C 45 LaboratoryAnal~tical TPH-g 112 $ 63.25 $ 632.50 TPH-d 112 $ 63.25 $ 632.50 BTEX/5 FueIOxygenates/Lead Scavengers 112 $ 138.00 $ 1,380.00 $ 2,645.00 $10,580.0~ 30 Water Disposal Environmental Specialist 4 $ 55.00 $ 220.00 Project Manager 2 $ 70.00 $ 140.00 Disposal Subcontactor $ 725.00 $ 725.00 Mileage 12C $ 0.365 $ 43.80 $ 1,128.80 $1,128.8(2 8 Subsurface Investigation Report Prep Environmental Specialist 4C $ 55.00 $ 2,200.00 Project Manager 4 $ 70.00 $ 280.00 Principal 2 $ 125.00 $ 250.00 Design Drafter 8 $ 65.00 $ 520.00 Clerical 2 $ 42.00 $ 84.00 Supplies/mailing 1 $ 15.00 $ 15.00 $ 3,349.00 $3,349.0t3 31 Quarterly Monitoring Report - Four Quarters Environmental Specialist 113 $ 55.00 $ 550.00) Project Manager 2 $ 70.00 $ 140.00 Principal 0.5 $ 125.00 $ 62.50 Design Drafter 2 $ 65.00 $ 130.00 Clerical 2 $ 42.00 $ 84.00 Supplies/mailing $ 10.00 $ 10.00 $ 976.50 $3,906.00 53 GeoTracker Electronic Data Submission Environmental Specialist 8 $ 55.00 $ 440.00 Design Drafter 4 $ 65.00 $ 260.00 $ 700.00 $700.0~ Uost Estimate Total $158,020.85 Notes: .... Grand Total $158~,020.85 *( 1 ) It is assumed that permit fees will be paid directly by the City of Ukiah. It is EBA's understanding that a permit is not required from Mendocino County Air Quality Management Distirct. *(2) This cost estimate does not include costs associated with re-assembly of the canopy structure. LSENV~UST~621UKIAH~COSTEST2002.XLS AGREEMENT FOR PRONESSION~ CONSULTING SERVICES ATTACHMENT,, This Agreement, made and entered into this ~ day of ~__-~~__.~,_ ~'-_,, 1998, by between CITY OF UKIAH, CALIFORNIA hereinnter '- - WASTECHNOLOGIES ~ERA~ - r,.,~-__._ ,-. ,.. ..tuau~r. remrrecl as "City" and EBA .~ ~, - ,.~uurma t;orporanon, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the follow~g facts: a. City requires consulting services related to the implementation of the approved and amended work plan for soil and groundwater investigation at the City Corporation Yard. b. Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. c. City and' Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment 'A', describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. 1.0 1.1 2.0 TERMS OF AGREEMENT DESCRIPTION OF PRO/ECl' The Project is described in detail in the attached Scope-of-Work (Attaclunent *A*). SCOPE OF SERVICES · 2.1 AS Se~ ~rth in Attachment 'A". 2.2. 3.0 3.1 Addition_8 Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. · . CONDUCT OF WORK · . Time of Comnlegon. Consultant shall commence performance of services as required by the Scope-of-Wor-k upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the Work Schedule. Consultant shall complete the work to. the City's reasonable satis~on, even if Contract disputes arise or Consultant contends its is entitled to further compensation. 4.0 4.1 4.2 4.3 4.4 5.0 5.1 · 5.2 6.0 6.1 COMPENSATION FOR SERVICES Basis for Como~satJo~. For the performance of the professional services of this Agreement, "Consultant sh~I be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $12,$00. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel in effect as of the date of this contract which shall include aH indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and reasonable. ~. Any changes in compensation warranted by changes in the Scope-of-Work of this Agreement, must be agreed upon in writing by both parties to the Agreement. "Changes to the Scope-of-Work" means different activities than those descn'bed in Attachment "A" and-not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-contractor Pa_vrnon~. The use of mb-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within'the $12,500 provided in Section 4.1. 71erms of Pa_vmergj Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon 30 days after receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. .... ASSURANCES OF CONSULTANT · . IndeDendent Contracto_l~. Consultant is an independent contraCtOr and is solely responsible for its acts or omissions. Consultant ('including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. '-Conflict of Interest, Consultant understands that its professional responsibility is SOlely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance L,_'abiliw. Without limiting Consultant's obligations arising under para/raph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise fi.om or in connection with its performance under this Agreement. /'AGE ~ Of ? Ao Be Ce Minimum $cooe of In_$ur~e~: Coverage shall be at least as broad as: I. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. 2. ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 ff no owned autos and endorsement CA 0025. 3. Worker's Compensation Imumnce as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Professional Liability Insurance 'covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. Minimum Lim~ of lnsuran¢~ 1. ~eneral Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. e e Automobile Liability: $1,000,000 combined single, limit per accident for bodily injury and property damage. W , ' · · · ~W , ' ' I ' ' : Worker's compensationlimits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Pmfessions~ Liability Covera~: $500,000 combined single limit per occurrence. If the coverage is aa aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit · · Aay dedu~'bles or self-imured r~tentions mnst be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such dedu~'bles or self-insured reteations as respects to the C~, its officers, officials, employees and. volunteers; or the Consultant shall procm-e a bond guarameeing payment of losses and related investigations, claim administr~oa and.detm.~..expeases. PAI3K3 OF 7 De Other Insurance The policies are to contain, or be endorsed to contain, the following provisions: 1. i'Ii an Aut m ' · '- ~ a. The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitafio~ on ~he scope-of-protecgon afforded ~o the City, its officers, officials, employees or volunteers. e 3~ b. The Co~ultant's immrance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officer:s; officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contn'bute with it. ¢. Any. failure tO comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. .. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. W ' .. " I · The insurer shall a~ree to waive all fights of subrogation agai~t the City, its · officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. ' ProfessionnI Liability -- If written on a claims-made basis, the reuoactivity date shall be the effective date of this Agreement. ;I'ne policy period' shall extend from ~une 'I, 1998 to June 1, 199~. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to stat~ that. party, reduced in mail, return r~it~t r~,-'~'~--'~--~y- ~'~? uys prior written t ice by certified r ."'l,, -,,, ,,~ oeen ~ven to'the City. 6.2 7.0 Acce_otabili~ of Tn.~'urer~ Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurerS in the State of California. Professional liability insurance may be underwritten by Lloyds of London. Verifica~ion of Covera~ Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsem6nts are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and ~proved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultaut fails to provide the coverages required herein, the City shall have the right, but not the obligation, to Purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor aP, er notice to Consultant that City has paid the premium. Subcontractor~ ,' ,. If Consultant uses subcontractors or SUb-consultants, it shall cover them under its polices or require them to. separately comply with the insurance requirements set forth in this Paragraph 6.1. · . Indemnificafiorl. Notwithstanding the foregoing insurance requirements, and in addition thereto,' Consultant shall indemnify, defend and hold hamfless City officers, agents and employees from and against any and all. claims, demands, liability, costs and expenses,, including court costs and c0u~..el fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during ansins out of any injury .ConStant a~ains.t all claims, liability, d~n,,e or los- ul~til O! any ner$Oll Or '~ ........ ~ , o ~ ,- ,,~c m or aestmction of property attributable to the negligent or willfully wrongfid act or omission of City 6r its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS 7.5 7.1 Ownership of Work-. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be .given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment 'A". 7.2 _Governin_~ T__~_w. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 7.3 F, nfire A~mer~. This Agreement plus its Auachment(s) and executed Amendments set forth the entire understanding b~ween the parties. 7.4 ~:ab~. If any term of this Agreement is held invalid by a Court of competent jurisdiction, the remainder of this Agreement shall remain in effect. ~~lipJl. No 'modification of this Agreement is valid unless made with the agreement Of both parties in writing. 7.6 7.7 7.8 7.9 /~-~~. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agr~ment without City's prior written consent. W_.tiy..~. No waiver of a breach of any covenant, term, or condition of this Agreement ~mll be a waiver of. any other or subsequent breach of the same or any other covenant, term or condition or a waiver Of the covenant, term or condition itself. · · . l,,]li~. In the event a suit or action is instituted to enforce any of the termz and conditions: · of th.is Agreement, the prevailing party shaH collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as .attOrney's fees in such suit or.acti_on in both trial and appellate courts. ~.~Ollilllli/~. This Agreement may only be .ter~ by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not Wish to complete the project for ~,~,~, ~u~ or me amen reantrea ,,, ~,,.. ,~- ,. .... ,- .... · _ .y alleged breach of the breach within +~- +~ ......_.,.;~-~ ...-,, .,~.- ,,,~ o~acn, u me non-breachin~ r~,. +,, ..., .,._ . ~ for lack of fimds or aband .. ~ az of Rat time . . onment of the th~ ' aate notice of . . . project, contract shall · termination ~s grven to Consultant. t,~+...~..,, ....... terminate on the -. ,.,,j -uu~ pay me consultant only for ServiCes · . ,~ ~ua. o~ =nuueo tO l~ceive 'tist ~ " · .any work utisfactorily completed hereunder subi-.-+ +.- .-~, {-- -- eqm..table compensation for aamages City may in~ttr · ,..,,.~, ,.~,.,.-U.L__.?_'~'. '" ,~,,-s.=t .m.r any infect or consequential _ . a~..,.,,,, ,,,,.~,~w~ s breach of contract. · 7.10 S.O D.u,licate Orieinat_-_ This A ........ . original si~'namre~' .,-- --~.~[w.m.? may ee executed m du,,lj,.-,--~ .... -- . . _-:- ,,- mc pa~es. Whea so -:---- , _ r ~,~ unglllals, each ' 'a~mtmstrat~ve or judi¢ialptoceedints ,, ,,~.~'~, .ea~ such docament Gall be u-.7'---'~,-'-.~ ~ ---.- .,. mG .'~jreement between the patties. An}, notice liven .exlet this Agreement shall · .- delivered or depos:ted in - ,., ,.__., be m writing and deemed · th,. ~ ~-ufied or ,.o+...~, _.,_. . _~wen when _personally L:frg OF UKIAH ----e-.-,a aa follows: DEPARTMENT OF PUBLIC WORKS Ella WA~rECHNOLCX31E~ UKIAH, CALIFORNIA 9~4~2 9.0 SIGNATURES IN WITNESS WtlEREOF, the patties have executed this Agreement the day and year first above written: · CITY OF UKIAH · · .i MARIE ULVILA CITY CLERK APPROVED AS TO FORM: . DA ' A. Scope-of-Work and Work Schedule · · A. Sco_~-of-Servi~_~ -- $COPE-OF-$ERVlCF~ AND WORK SCHEDULE Consultant agrees to provide those services needed to complete, to the reasonable satisfaction of the Regional Water Quality Control Board, North Coast Region, the work described in the approved and amended Work Plan for soil and groundwater investigation at the City of Ukiah Corporation Yard dated April 1998, including those items of work outlined in the letter from the Calffo~ Regional Water Quality Control Board, North Coast Region, dated ~une 18, 1998, attached hereto. In general terms, tl~is work involves the installation and sampling of six (6) borings, converting, two (2) borings into 2" monitoring wells to a depth of 20 feet, development of the two (2) new monitoring wells, sampling of the two (2) existing, two (2) monitoring wells, and preparation of a Report of Findings with conclusions and recommendations for additional work. Consultant has provided a Revised Cost F. stimate Summary dated ~uly 10, 1998, which provides estimated costs for the various phase~ of work required by the approved and amended Work Plan. The estimated cost of each item of work is provided for reference only and the itemized costs are I~ cost maximums for the'indicated work item. Consultant shall be compenzated in accordance with Paragraph 4.0 of the Agreement. B. Work Sch~ul~- ".. The Consultant shall complete the work of the Agreement to facilitate a submittal of the Report of Findings to the North Coast Regional Water Control Board no later than October 30, 1998.. . o 0 OOCO CO w- I--- z 133 ATTACI-IMENT~ ILl 0 AGENDA ITEM NO.: 10¢ DATE: OCTOBER 15, 2003 -- SUMMARYREPORT SUBJECT: UPDATE REGARDING THE PUBLIC BENEFIT FUND AND POSSIBLE REVISIONS TO THE UKIAH C.A.R.E.S. AND ENERGY CONSERVATION PROGRAMS Since the inception of the Public Benefit Fund on January 1, 1998, the City of Ukiah has developed many programs outlined in AB 1890 that are allowed to provide services to assist Iow income customers, promote energy efficiency, research and development, and energy conservation. We now provide a variety of opportunities for relief of electric charges to Iow and moderate-income families through Ukiah C.A.R.E.S., the lease and operation of four electric vehicles, rebate and alternate rate offers to households and commercial businesses that install solar panels through our Photovoltaic Program, and rebates for the replacement of outdated appliances with ones that conserve energy through our Energy Conservation Program. This report will give Council an explanation of three of the programs developed, an update of all expenditures and project the longevity of the fund to reflect the recommended changes to Ukiah C.AR.E.S. and the Energy Conservation Program and include anticipated expenses for the other programs. ENERGY CONSERVATION PROGRAM The Council approved funding at a level of $50,000 for the Energy Conservation rebate incentive program. The City of Ukiah Energy Conservation Program is designed to enhance existing community programs offered by North Coast Energy Services that provide free appliances including energy efficient refrigerators, free electric water heaters, microwave ovens, and weatherization of all types, to income eligible customers. Two levels of rebates are available with the City's program. For purchasing Energy Sta~ appliances, $100.00 per appliance type will issued to any City of Ukiah electric customer regardless of income, including commercial businesses. Higher levels in the amount of $200.00 per appliance type are provided to eligible Iow-income residential recipients. (Continued on paqe 2) RECOMMENDED ACTION: 1) Increase benefits to Ukiah C.A.R.E.S. as stated in Scenario #2; 2) Increase expenditure amount to $200,000 for the Energy Conservation Program and; 3) Provide a 25% rebate based on the overall cost for investing in double pane windows and/or central air conditioning and heating systems. ALTERNATIVE ACTION: 1) Determine other appropriate modifications and direct staff to implement; 2) Make no changes to current programs and receive report. Citizen Advised: N/A Requested by: City Council Prepared by: Patsy Archibald, Customer Service Supervisor ,~'~ Coordinated with: Candace Horsley, City Manager Attachments: 1) Ukiah C.A.R.E.S. Income Eligibility Guideline Amounts 2) Potential Costs for Implementing Changes 3) Projection of Utilization of Funds for all Programs of Public Benefit 4) ~n. oc.~q,y Conservation Brochure APPROVED: ,,_.~'~~" ~ Candace Horsley, City ~anager PA:asrCARESoct'03. mw Since it's inception, Energy Conservation rebates totaling about $10,000 have been issued to 33 households who have upgraded their appliances and/or weatherized with double pane windows. Staff's increased marketing efforts include the development of a color brochure (Attachment #4) that is displayed and distributed at the City's front counter and Planning Department counter along with local appliance stores. Any City customer who applies for and obtains a building permit who could benefit from the incentives also receives a copy. In addition, the City's Recreation Guide carries two advertisements that are distributed to all occupants in the greater Ukiah area. Recommendations In an effort to truly encourage energy conservation staff is recommending several changes to enhance the benefits offered by this program. The majority of households that received a rebate have replaced old or outdated appliances such as refrigerators or dishwashers in which the cost of the appliance (as an example - $400.00) relative to the rebate ($100.00) seems worthwhile to the customer. Several of the 33 households however, have replaced all of the windows in their house with double pane windows, a worthwhile endeavor to conserve energy and reduce heating and cooling costs. This can be an investment costing upwards of $5,000 depending on the number of windows being replaced. A rebate of $100 seems a meager amount as an incentive to encourage conservation. Staff recommends the Council consider increasing annual expenditures from $50,000 to $200,000. If the City's program offered a rebate of 25% of the overall costs of installing double pane windows throughout someone's home or business or a significant fiat dollar amount to install an entire energy efficient heating and cooling system, it may encourage customers to consider making the investment. This type of incentive may encourage more participation and improve the community at large. PHOTOVOLTAIC REBATE PROGRAM Solar power is highly encouraged by the City of Ukiah and rebates are offered for installation of this valuable and "green powered" generation source. Currently six residential customers and one commercial customer (the Civic Center Annex) have installed solar panels that are generating electricity. Current rebate amounts of $18,000 and $100,000, for domestic and commercial businesses respectively, are set aside each year for this portion of the program and staff is recommending keeping this level of rebate availability. UKIAH C.A.R.E.S. The Ukiah C.A.R.E.S. program was adopted in June and implemented in October 1998. Since then, the Council has periodically approved increasing the benefits that pay the electric charges of Iow and moderate-income households' utility bills in the following amounts: Benefit Amounts Type of Assistance Emergency Assistance (up to a maximum) $200 Senior Monthly Discounts $6.02 Non-Sr. Monthly Discounts $ 0 (adopted in December 1999) 1998-99 1999-00 2000-01 2001-02 2002-03 $ 200 $300 $300 $300 $12.04 $14.45 $18.06 $25.00 $6.02 $12.04 $14.45 $20.00 Participation Emergency Assistance Senior Discount Non-Sr. Monthly Discount* TOTAL PARTICIPATION * (adopted December 1999) 1998-99 1999-00 2000-01 2001-02 2002-03 208 243 298 315 253 151 179 184 231 264 n/a 64 94 80 116 359 486 576 626 633 Eligibility Any City of Ukiah electric utility customer can apply for Ukiah C.A.R.E.S benefits. Eligibility for the program is based on the number of people in the household and determined on income at 150% of current Federal Poverty Income Guidelines (FPIG) after consideration of mandatory taxes and shelter costs, a more flexible and generous schedule than other utility's programs. Income levels for each size household are listed in Attachment #1. The Emergency Assistance of $300 in each twelve-month period requires verification of the total household income for just two pay periods prior to providing the benefit. This allows a family whose normal annual income is higher than the guideline amount the ability to receive emergency funds if a temporary loss of income for any reason occurs. Households eligible for monthly discounts are expected to provide verification of total household income for a twelve-month period and renew their eligibility each year. Income Levels The current C.A.R.E.S. eligibility level of 150% of the Federal Income Poverty Guidelines (FPIG) for each household size is presented in Attachment #1. Also included in this attachment, for comparison purposes, are the State Guidelines for Housing and Community Development for subsidized housing in Mendocino County. The chart for the 150% level also assumes the total household income is subject to 25% federal and state withholding taxes and rental costs of $700 per month to more closely compare to the net income considered for benefits. In the past, Council has requested staff provide other levels of income which are also provided in Attachment #1 at levels of 160 and 170%. Increases in potential participation are estimated at levels of 25% and 40% if either Scenario #3 or #4 were adopted. Recommended Changes If changes to Ukiah C.A.R.E.S. benefits are adopted, staff recommends scenario #2 that increases the credits to eligible seniors from $25.00 to $30.00 per month and other needy families from $20.00 to $25.00 monthly. The average residential electric bill is about $60.00 making the benefit pay approximately 40 to 50% of electric charges. This may allow them the ability to more easily pay their other bills. The program balance is sufficient for providing this increased monthly credit to our needy families and seniors. This change still allows Council to consider opportunities of developing other programs eligible to spend Public Benefit Funds that could benefit the community. Increasing benefits for Ukiah C.A.R.E.S. in scenario #3 may significantly increase expenditures to jeopardize longevity of the fund unless participation is estimated at inaccurate levels. Scenario #4 clearly shows that Public Benefit funds would be insufficient for all programs through the end of FY 2008 and is not a recommended option. Attachment #2 displays the four different scenarios and potential costs for implementing changes for each scenario. It is staff's recommendation to change the benefit amounts as displayed in Scenario #2 to the following levels: ¢' Maintain the income guideline amount at 150% of FPIG. v' Increase the benefit level of the Monthly Senior Discount from $25.00 to $30.00. v' Increase the benefit level of the Monthly Discount from $20.00 to $25.00. Marketing Advertising for Ukiah C.A.R.E.S. expanded to include semi-annual local cable television commercials, two advertisements in the widely distributed Ukiah Recreation Guide, periodic utility billing inserts, and daily discussions with customers in need by the Customer Service Representatives. Longevity The Public Benefit Fund continues to have an adequate balance for funding all current programs and previous increases to benefits for Ukiah C.A.R.E.S. the Council has approved. Attachment # 3 shows how long Public Benefit Funds would be available if changes to the Ukiah C.A.R.E.S. program were implemented according to each scenario presented in Attachment #2. SUMMARY The City of Ukiah will continue to fund the Public Benefit mandated by AB 995 that requires all municipal utilities set aside at least 2.7% of electric revenues for another 11 years or until 2013. Therefore, the estimated annual revenue of $383,000 plus interest averaged at about 4% is added to the beginning fund balance of $1.8M. 1. Several options to change Ukiah C.A.R.E.S. benefits and guidelines have been presented. Staff is recommending that Council approve the following: ,/' Maintain the income guideline amount at 150% of FPIG after consideration of mandatory taxes and shelter costs. v' Increase the benefit level of the Monthly Senior Discount from $25.00 to $30.00. v' Increase the benefit level of the Monthly Discount from $20.00 to $25.00. 2. Staff is recommending that Council approve the following changes to the Energy Conservation Program: v' Increase the expenditure amount from $50,000 to $200,000. v' Offer rebates of 25% of the overall cost for installation of double pane windows. ,/ Offer rebates of 25% of the overall cost for installation of energy efficient central air and heating systems. ATTACHMENT I-- Z ILl 0 Z Z '"- -.a 0 '~ Z"F ~ ~ 000000000 ~ d ° ~ Z 0 0 ~: © -- 000000000 ~ ~o~~o~ Z E", E'-', ~ ~ 0 '~-- ~ 0 '~- Z'r z-r ,ATTACHMENT ATTACHMENT # 3 Public Benefit Fund Projection of Utilization of Funds for all Programs Fund Balance Forward Projected 2.7% of Electric Revenue Interest @ 4% of end fund balance Ukiah C.A.R.E.S. SCENARIO #1 Electric Vehicles Domestic Photovoltaic Rebate Commercial Photovoltaic Rebate Energy Conservation Program Year-End Fund Balance 2003-04 2004-05 2005-06 2008-07 2007-08 1,800,000 1,724,692 1,616,388 1,468,854 1,270,661 382,611 382,611 382,611 382,611 382,611 71,638 68,988 64,656 58,754 50,826 232,651 267,548 307,681 353,833 9,252 9,252 9,252 13,878 13,878 18,000 18,000 18,000 18,000 18,000 100,000 100,000 100,000 100,000 100,000 200,000 200,000 200,000 200,000 200,000 Fund Balance Forward Projected 2.7% of Electric Revenue Interest @ 4% of end fund balance Ukiah C.A.R.E.S. SCENARIO # 2 Electric Vehicles Domestic Photovoltaic Rebate Commercial Photovoltaic Rebate Energy Conservation Program Year-End Fund Balance 1,724,692 1,616,388 1,468,854 1,270,661 2003-04 2004-05 2005-06 2006-07 2007-08 1,800,000 1,701,892 1,562,018 1,385,251 1,161,100 382,611 382,611 382,611 382,611 382,611 71,638 68,076 62,481 55,410 46,444 I ~,~o~ I 263,309 294,606 330,294 369,930 9,252 9,252 9,252 13,878 13,878 18,000 18,000 18,000 18,000 18,000 100,000 100,000 100,000 100,000 100,000 200,000 200,000 200,000 200,000 200,000 Fund Balance Forward Projected 2.7% of Electric Revenue Interest @ 4% of end fund balance Ukiah C.A.R.E.S. SCENARIO # 3 Electric Vehicles Domestic Photovoltaic Rebate Commercial Photovoltaic Rebate Energy Conservation Program Year-End Fund Balance 1,701,892 1,562,018 1,385,251 1,161,100 888,347 2003-04 2004-05 2005-06 2006-07 2007-08 1,800,000 1,686,737 1,525,763 1,322,529 1,067,972 382,611 382,611 382,611 382,611 382,611 71,638 67,469 61,031 52,901 42,719 I ~,0,~0 I 283,802 319,624 358,191 401,199 g,252 9,252 9,252 13,878 13,878 18,000 18,000 18,000 18,000 18,000 100,000 100,000 100,000 100,000 100,000 200,000 200,000 200,000 200,000 200,000 1,686,737 1,525,763 1,322,529 1,067,972 760,225 Fund Balance Forward Projected 2.7% of Electric Revenue Interest @ 4% of end fund balance Ukiah C.A.R.E.S. SCENARIO # 4 Electric Vehicles Domestic Photovoltaic Rebate Commercial Photovoltaic Rebate i Energy Conservation Program Year-End Fund Balance 2003-04 2004-05 2005-06 2008-07 2007-08 1,800,000 1,663,964 1,408,372 1,087,305 695,645 382,611 382,611 382,611 382,611 382,611 71,638 66,559 56,335 43,492 27,826 377,510 432,760 485,885 544,334 9,252 9,252 9,252 13,878 13,878 18,000 18,000 18,000 18,000 18,000 100,000 100,000 100,000 100,000 100,000 200,000 200,000 200,000 200,000 200,000 1,663,964 1,408,372 1,087,305 695,645 Uu ,E:o U o f, Jo ~ o -~ ~' ~ ~.~. ~ ~ 0 _x.~.~ -.orr AGENDA SUMMARY ITEM NO. tod DATE: October 15, 2003 REPORT SUBJECT: APPROVAL OF ELIGIBILITY RENEWAL APPLICATION WITH THE FEDERAL SURPLUS PROPERTY PROGRAM, AUTHORIZATION OF CITY MANAGER TO EXECUTE ASSURANCE OF COMPLIANCE WITH GOVERNMENT SERVICES ADMINISTRATION REGULATIONS, AND ADOPTION OF RESOLUTION DESIGNATING CERTAIN CITY OF UKIAH EMPLOYEES AS CITY REPRESENTATIVES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY On April 25, 1994, the Ukiah City Council adopted Resolution No. 94-44 authorizing designated City employees to acquire federal surplus property from the California State Department of General Services Office of Surplus Property (State Agency). Many of these individuals are no longer employed with the City. Staff has contacted the Department of General Services Procurement Division-Surplus Property in Sacramento with regard to updating the City's employee list and was informed that the City Council must adopt a new Resolution authorizing certain designated employees to purchase Federal Surplus Property. Staff has contacted each City department regarding this matter and a list of designated City employees was formulated and reviewed by the City Manager. Additionally, the City must complete the "Eligibility Renewal Application" form and authorize signature of the "Assurance of Compliance with GSA Regulations, etc." RECOMMENDED ACTION' Authorize Eligibility Renewal Application for Federal Surplus Property Program, Authorize Signature of Assurance of Compliance With GSA Regulations", and Adopt Resolution Authorizing Designated City Of Ukiah Employees As City Representatives To Acquire Federal Surplus Property From The California State Agency For Surplus Property. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Direct staff to revise the list of designated City employees, or 2) Decide that designating City employees is not appropriate at this time. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Ukiah City Council Mary Horger, Purchasing Agent and Marie Ulvila, Deputy City Clerk Candace Horsley, City Manager and Gordon Elton, City Clerk 1. Eligibility Renewal Application 2. Assurance of Compliance With GSA Regulations 3. Resolution authorizing designated employees to acquire Federal Surplus Property from the California State Agency for Surplus Property and Attachment "A", terms and conditions 4. Resolution 94-44, Adopted April 25, 1994 APPROVED: ~.%.zk-~,_.~~ Candace Horsley, City~anager ASR: Surplus Property Page 3EPARTM~NT OF GENERAL SERVICES SASP Form 201-A (02/2000) ~ROCUREMENT DIVISION www. pd.dgs.ca.gov SURPLUS PROPERTY 1700 NATIONAL DRIVE ELIGIBILITY RENEWAL APPLICATION SACRAMENTO, CA 95834-1965 FEDERAL SURPLUS PROPERTY PROGRAM 928-4630 A. Name of Organization Telephone Address City County, a. Organization is a: PUBLIC AGENCY A. Conservation B. Economic Development C. Education - ADA D. Parks & Recreation .... E. Public Health . ..F. Public Safety .. G. 2 or more listed H. Other (includes library/museums I. Homeless Program NAME-(Pdnt or type) NONPROFIT AGENCY .~_J. Pdvate Education K. Pdvate Health mL. Older Americans Act for Sr. Citz. M. Homeless Program NOTE: Categories J-K-L-M Number of sites Enrollment or number Of clients served RESOLUTION 'BE IT RESOLVED by the Governing Board, OR by the Chief Administrative Office of those organizations which do not have a goveming board, and hereby ordered that the official(s) and/or employee(s) whose name(s), rifle(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire federal surplus property from the Califomia State Agency for Surplus Property under the Terms and Conditions listed on the reverse side of this form.' ATrACHMENT L / Zip, TITLE SIGNATURE E-MAIL ADDRESS PASSED AND ADOPTED this~ day of ,20 ., by the Governing Board of by the following vote: AYES: ; NOES: ; ABSENT: I, . Clerk of the Goveming Board of do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the Board at a meeting thereof held at its regular place of meeting at the date and by the vote above stated, which resolution is on file in the office of the Board. (Signed) Co *NOTE: IF YOU HAVE A GOVERNING BOARD, SECTIONS "A" AND "B" SHOULD BE COMPLETED. IF YOU DO NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED. AUTHORIZED this ~ day of · 20 , by:. Name of Chief Administrative Officer (Signed) Title Application approved: Comments or Additional information FOR STATE AGENCY USE Application disapproved: Date: Signed: (A) TERMS AND CONDITIONS THE DONEE CERTIFIES THAT: (1) It is a public agency;, or a nonprofit institution or organization, exempt from taxation under Section 501 of the Intemal Revenue Code of 1954; within the meaning of Section 203(j) of the Federal Prope~y and Administrative Services Act of 1949, as amended, and the regulations of the administrator of General Services. · (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or. if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public health purposa, including research for such purpose, or for programs for older individuals. The property is not being acquired for any other use or purpose, or for sale or other disthbution; or for permanent use outside the state, except with pdor approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations goveming the donation of surplus personal property issued under 'rifle VI of the Civil Rights Act of 1964. Title VI, Section 606. of the Federal Property and Administrative Sen'ices Act of 1949. as amended. Section 504 of the Rehabilitation Act of 1973. as amen(led. Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of Property shall be placed in usa for the purpose(s) for which acquired within one year of receipt and shall be continued in usa for such purpose(s) for one year from the date the property was placed in usa. In the event the properly is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee's expensa return such property to the state agency, or otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. (2) Such special handling or usa limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not so usad or handled as reduired by (B) (1) and (2). title and right to the possession of such property shall at the option of GSA revert t~ the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (17 The property shall be used only for the purposa(s) for which acquired and for no other purpose(s). (2) Them shall be a period of restriction which will expire alter such property has been used for the purpose(s) for which acquired for a pedod of 18 months from the date the property is placed in usa, except for such items of major equipment, listed hereon, on which the state agency designates a further pedod of restriction. (3) In the event the property is not so used as required by (C) (1) and (2) and federal restrictions (B) (1) and (2) have expired Then title and dght to the possassion of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the donee shall not sail, trade, lease, lend, bail, cannibalize, encumber or otherwise dispose of such property, or remove it permanently, for use outside the state without the pdor approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency, as the case may be. (2) In the event any of the property listed hereon is sold. l~aded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from ~ date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the state agency. the donee, at the option of GSA or other state agency, shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency. (3) If at anytime, from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable, or furt~r needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agency, and shall. as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or agency of the United States. sell, or other, vis~ dispose of the property ~ proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the state agency. (5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determined by the state agency. THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an 'as is." 'where is' basis, without warranty of any kind. · (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the (lonee out of the insurance proceeds, of an amount equal to the unamortized portion of ~ fair value of the damaged or destroyed donated items. TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSLES (50 FEET OR MORE IN LENGTH) HAVING AN ACQUlSTION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer. Document executed by the authorized donee representative. DERARTMENT OF GENERAL SERVICES PROCUREMENT DIVISION SURPLUS PROPERTY 1700 NATIONAL DRIVE SACRAMENTO, CA 95834-1965 (916) 928-4630 ATTACHMENT. SP Form 203 (3-82) ASSURANCE OF COMPLIANCE WITH GSA REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, SCTION 606 OF TITLE VI OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT OF 1949, AS AMENDED, SECTION 504 OF THE REHABILITATIN ACT OF 1973, AS AMENDED, TITLE IX OF THE EDUCATION AMENDEMENTS OF 1972, AS AMENDED AND SECTION 303 OF THE AGE DISCRIMINATION ACT OF 1975. , (hereinafter cailed the "donee" (Name of donee organization) HEREBY AGREES THAT the program for or in connection with which any property is donated to the donee will be conducted in compliance with, and the donee will comply with and will require any other person (any legal entity) who through contractual or other arrangements with the donee is authorized to provide services or benefits under said program to comply with, all requirements imposed by or pursuant to the regulations of the General Services Administration (41 CRF 101-6.2)issued under the provisions of Title VI of the Civil Rights Act of 1964, Section 606 of Title VI of the Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act of' 1973, as amended, Title_IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975, to the end that no person in the United States shall on the ground of race, color, national origin, sex, or age, or that no otherwise qualified handicapped person shall solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity for which the donee received Federal assistance from the General Services Administration; and HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. The donee further agrees that this agreement shall be subject in all respects to the provisions of said regulations; that this agreement shall obligate the donee for the period during which 'it retains ownership or possession of any such property; that the United States shall have the right to seek judicial enforcement of this agreement; and, this agreement shall be binding upon any successor in interest of the donee and the word "donee" as used herein includes any such successor in interest. Date Donee Organization By (President/Chairman of the Board or comparable authorized official) Donee Mailing Address ATTACHMENT_..~ RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING DESIGNATED EMPLOYEES TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE CALIFORNIA STATE AGENCY FOR SURPLUS PROPERTY UNDER TERMS AND CONDITIONS WHEREAS, there exists a need for the City of Ukiah to purchase items at a cost savings due to the current financial constraints of Local Government in California. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah, and hereby ordered that the officials and/or employees whose names, titles, and signatures are listed below shall be and are hereby authorized as the City of Ukiah's representatives to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed in "Attachment A". NAME TITLE SIGNATURE Bua, Don Airport Manaqer E-MAIL ADDRESS d o n b._@p_.!_ty_o_f u .k_._ia_b..._c_o_..m_ DeKnoblough, Larry Dewey, Chris Elton, Gordon Gore, Gordon Hamblet, Tom Horger, Mary Hughes, Jim Dir. Of Comm.Services Police Admin. Captain Dir. Of Finance/CityClerk Airport Assistant Parks Supervisor Purchasing Agent Golf Supervisor larryd@cityofukiah.com deweu@cityofukiah.com go__rdone@cj_tyofu kiah. com g_.o_r__d_p_n_g@ c i_.tyo~._k_i&h_:_cP_m_. mary @cityofukiah.com Klingbeil, Paulette Latipow, Kurt Looney, Jim Richey, Paul Sangiacomo, Sage Seanor, Rick MIS Coordinator Fire Chief Public Works Super. Airport Assistant Community Ser. Super. Dep. Dir. of Public Works pa u I ette k_C_._¢ity_.0_fu kia__h...c_Q__m__ kurtl@cityofukiah.com iiml@cityofukiah.com ps_ulr@cityofu kiah.com s ag~._._S.@~i_t_y_o.f~ k i_a.._.h_ ..._~..0_~. ricks@cityofukiah.com Smith-Ferri, Sherrie Stump, Charley Ulvila, Marie Museum Director Dir. Of Planning Deputy City Clerk sherries@cityofukiah.com charley_s_@cityofu kiah.com marieu@cityofukiah.com PASSED AND ADOPTED AYES: NOES: ABSTAIN: ABSENT: this 15th day of October 2003, by the following roll call vote: Gordon Elton, City Clerk Eric Larson, Mayor Resolution No. 2004- -- Page 1 of 2 EXHIBIT A THE DONEE CERTIFIES THAT: (1) It is a public agency; or a nonprofit institution or organization, exempt from taxation under Section 501 of the tntemal Revenue Code of 1954; within the meaning of Section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the administrator of General Services. · (2) If a public agency, the property is needed and will be used by the r~-~pient for carrying out or promoting for the residents of a given political area one or more public purposes, or. if a nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or public healb~ purpose, including research for such purpose, or for programs for older individuals. The properb/is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside ff~e state, except with prior approval of the state agency. (3) Funds are available to pay all costs and r.~arges incident to donation. (4) This transaction shall be subject to the nondiscrimination r~gulatJons governing the donation of surplus personal property issued under Title VI of the Civil Rights Act of 1964. Title VI. Section 606. of the Federal Property and Administrative Services Act of 1949. as amended. Section 504 of the Rehabilitation Act of 1973. as amenc~ed. Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) AJI items of Property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purpose(s) for one year from the date the property was placed in use. In the event the property is not so placed in use. or continued in use, the donee shall immediately notify the state agency and. at the donee's expense return such property to the state agency, or otherwise make the proper'q/available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (B) (1) and (2). title and right to the possession of such property shall at the eption of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OF $5,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the puq~ose(s) for which acquired and for no other purpose(s). (2) There shall be a pedod of restriction which will expire after such property has been used for the purpose(s) for which acquired for a pedod of 18 months from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of restriction. (3) In the event the property is not so used as required by (C) (1) and (2) and federal restrictions (B) (1) and (2) have expired Then title and dght to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. (13) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From ltte date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the donee shall not sell. trade, lease, lend, bail, cannibalize, encumber or otherwise dispose of such property, or remove it permanently, for use outside the state without the pdor approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such a~on is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA or the state agency, as the case may be. (2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the pdor approval of GSA or the state agency. the donee, at the option of GSA or other state agency, shall pay to GSA or the state agency, as the case may be, t~e proceeds of the disposal or the fair market value or the fair rental value of the property at the t~me of such disposat, as determined by GSA or the state agency. (3) If at anytime, from the date it receives the property through the period(s) of time I~e conditions imposed by (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable, or further needed by the donee for the putl~ose(s) for which acquired, the donee shall promptly notify the state agency, and shall. as directed by the state agency, tatum the property to the state agency, release the property to another donee or another state agency or a department or agency of the United States, sell, or o~fle~,vise ~ispcse of the pmpe.ffy, ~ The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shail make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may be required from time to time by the state agency. (5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an 'as is.' 'where is' basis, without warranty of any kind. (2) Where'a 'donee cames insurance against damages to or loss of prol:)erty due to fire or other hazards and where loss of or damage to donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceecls, of an amoum equal to the unamortized portion of l~e fair value of the damaged or destroyed donated items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSLES (50 FEET OR MORE IN LENGTH) HAVING AN ACQUISTION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer. Document executed by the authorized donee representative. ~,TTACHMENT RESOI~P~ION NO. ~_~ RESOLDTION OF THE CITY COUNCIL OF TN~ CITY OF UKIAH AIFTHORIZING DESIGNATED EMPI&)YEES TO &C~UIRE FED~ SURPLUS P~~ l~Ol~ ~ ~...J~T.TFO]:~ STATE ~ENCY FOR SURPLUS PROPERTY AS PER TERNS AND CONDITIONS WHEREAS, there exists a need for City purchase cost savings due to the current financial constraints of Local Government in California, THEREFORE; BE IT R~SOLVED by the City Council of the City of Ukiah, and hereby ordered that the employees whose names, titles and signatures are listed below shall be and are hereby authorized as our representatives to acquire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed in "Attachment A". ~ TITLE $IGI~A~ Roe Sandelin George Hall Mickey DeWall Nora White Judy Jenny Don Denham Jim Looney Larry DeKnoblough Ken Budrow John Williams Stan Bartolomei George Borecky Suzanne Abel-Vidor Don Bua Cathy McKay Reid Carpenter Dep. Fire Chief Fire Ca' Fire Dept. Purchasing Agent Purchasing Garage Supervisor Street Supervis4 Redvlmt. Coo Police Captain Police Captain Electric Su Water/Sewer S1 Museum Direct Airport City Clerk Golf/ PASSED AND ADOPTED this 25th day of April, 1994 by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, and Shoemaker. NOES: None. ABSENT: Councilmember Mastin and Mayor~_hnei~ M y red-~chn~iter ,, , / A, Ca. State Dept. of General Services Office of Surplus Property 1421 No. Market Blvd. Sacramento, Ca. 95834 SP Form No. 202 (2/8'/) RESOLUTION "BE IT RESOLVED by the Governing Board, OR by th~ Chief Admirtiatrative Officer of thos~ organizations which do not have a governing board, and hereby ordered that the official(s) and/or employee(s) whose name(s), title(s), and signal) are listed below shall be and is (are) hereby authorized as our representative(a) to ac, quire federal surplus property from the California State Agency for Surplus Property under the Terms and Conditions listed on the reverse aide of this form." NAME TITLE SIGNATURE (Print or type.) PASSED AND ADOPTED this day of ,19~ , by the Governing Board of by the following vote: Ayes:~ ;Noes: ~; Absent: I, ,Clerk of the Governing Board of do hereby certify that the foregoing is a full, true, and correct copy ora resolution adopted by the Board at a meeting thereof held at its regular place of meeting at the date and by the vote above stated, which resolution is on .file in the office of the Board. OR C. Name of organization Mailing addreaa City County ZIP cod~ (Signed) AUTHORIZED this day of ,19 , by: Name of chief adminisUative officer Name of organization M ailing address (Signed) Title City County Zip code NOTE: IF YOU ~ A GOVERNING BOARD, SECTIONS "A" AND "B'" SHOULD BE COMPLETED. IF YOU DO NOT HAVE A GOVERNING BOARD, SECTIONS "A" AND "C" SHOULD BE COMPLETED. TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT: (I) It Js a public agency; ora nonprofil institution or organization, exempt from taxation under Section $01 offhe Internal Revenue Codeof 19:54; within meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of Genera Services. (2) Ifa public age ney, the property is needed and will be used by the recipient for carrying out orpromoting for the residents ufa gJven political area one or tour public purposes, or, ifa nonprofit tax-exempt institution or organization, the property is needed for and will be used by the recipient for educational or publi health purpogs, including research for such purpose, or for programs for older individ uals. The propert) is not being acquired for any other usc or purpose, or fo sale or other distribution; or for permanent use outside the state, except with prior approval of the state agency. (3} Funds are available to pay all costs and charges incident to donation. (4) This era nsaction shall be subject to the nondiscrimination regulations governing the donation ofsutglus personal property issued under Title VI of the Civi Rights Act of 1964, Title VI, Section 606, of thc Federal Property and Administrative Services Act of 1949, as amended, Section 504 of the Rehabilitation Act o 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of thc Age Discrimination Act of 1975;. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (i) All items of property shall be p/aced in usc for the purport(s) for which acqui red within one year of receipl and shall be continued in use for such pu rposc('s for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notif thc state agency and, at the dunce's expense, return such property to the slate agency, or otherwise make thc property available for transfer or other disposal by th state agency, providenl the property is still usable as d~termined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not so used or handled as required by (1~)(I) and (2), title and right to the possession of such property shall at the option GIG S/ revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (CJ THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNI' ACQUISITION COST OF $$,000 OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSEL: 50 FEET OR MORE IN LENGTH AND AIRCRAFT: {i) The property shall be u~ed only for the purpose(s) for which acquired and for no other purpose(s) (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of lg month from the date thc property is placed in use, except for such items of major equipment, listed hereon, on which the state agency d~ignates a further period o restriction. (3) In the event thc property is not so used as required by (C)(I) and {2) and federal restrictions (BX !) and (2) have expired then title and right to the possessio of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agone shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND REgTRIC~IIONS: (I) From the date it receives the proper~y listed hereon and through the period(s) of time the conditions imposed by (Bi and (C) above remain in effect, th donee shall not sell. trade, lease, lend, bail. cannibalize, encumber, or othcrw/se dispose of such property, or remove it permanently, for usc outside the state wit[~out the prior approval of GSA under (B) or the state agency under (C). The procenxis from any sale, trade, lease, loan, bailment, encumbrance, or othe disposal of the property, when such action is authorized by GSA orby the stateagency, shall be remitted promptly by the donee to GSA or the state agency, as th case may be. (2) ! n the event a ny of the property listed hereon is sold, traded, leased, loaned, bailed, ca nnibalized, encumbered, or otherwise disposed of by the donee frot the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or Ih state agency, the don ce, at thc option of GSA or thc state agency, shall pay to GSA or the state agcocy, as the case may be, the proceeds of the disposal or the fsi market value or the fair rental value of the property at the time of such disposal, a.~ determined by GSA or the state agency. (3) If at any time, from the date it receives the properly through the period(s} of time the conditions imposed by (B) and (C) remain in effect, any of the propert listed hereon is no longer suits bin, usable, or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agone) a nd shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department o agency of the United States, sell, or otherwise dispose of the property. Th~ proceeds from any sale shall be remitted promptly by the donee to the state agone} (4} The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as may b r~quired from time to time by the state agency. ($) At the option of the state agency, the donee may abrogate the conditions sci forth in (C) and the terms, reservations, and restrictions pertinent thereto in (E by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICARLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (I) The property acquired by the donee is on an 'as is," "where is" basis, without warranty of any kind, (2} Where a donee carries insurance a gainst damages to or Joss of property due to fire or other hazards and where loss of or damage to donated property wit unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceed., of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TER MS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR MORE IN LENGTH) HAVIN4 AN ACQUISITION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation ~hall be subject to thc terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by th authorized donee representative. UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE October 15, 2003 8:00 P.M.* 1. ROLL CALL 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. ! 4, APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of September 17, 2003 ! NEW BUSINESS a. Approval of Budget Amendment For The Completion Of The Downtown Parking Improvement Study 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. COPY PROJECT FROM: Number of Copies/Sets/Packets Requested:_ Check all applicable: Single-sided ~_,,~..~Double-sid ed Mixed StaPle Collate Circle Desired Staple Position(s) /-----% Special Instructions (including binding and/or distribution): Needed by--Check one: Rush (due AM / PM, Date: Charge to Department: _ ,'//~ '-"'///~Y//"~ _) UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE October 15, 2003 8:00 P.M.* 1. ROLL CALL 2. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. ! APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. 4. APPROVAL OF MINUTES a. Regular Meeting of September 17, 2003 w NEW BUSINESS a. Approval of Budget Amendment For The Completion Of The Downtown Parking Improvement Study 6. COMMISSIONERS REPORTS 7. EXECUTIVE DIRECTOR REPORTS 8. CLOSED SESSION 9. ADJOURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting. ITEM NO. 5a DATE: October 15, 2003 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF BUDGET AMENDMENT FOR THE COMPLETION OF THE DOWNTOWN PARKING IMPROVEMENT STUDY At the October 1 meeting the City Council approved the award of contract to WTRANS, Inc., of Santa Rosa for the completion of a downtown parking study and budget amendment to increase expenditures by $20,000 in the Parking District fund. The total cost of the study is $40,000 and half is to be funded by the Redevelopment Agency. As such, a budget amendment is required to be approved by the Agency to increase expenditures in the 965.5616.250.000 account, in the amount of $20,000. Staff is proposing to share the cost of the study between Redevelopment and the Parking District as both will utilize the study for future improvements. RECOMMENDED ACTION- Approve amendment to the 2003-2004 budget increasing expenditures in the 965.5616.250 account by $20,000 for the completion of a downtown parking study. ALTERNATIVE AGENCY POLICY OPTION: Determine approval of budget amendment is inappropriate, do not move to approve, and provide direction to Staff. Citizen Advised' N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Larry W. DeKnoblough, Assistant Redevelopment Director )--- ~<';'~) Candace Horsley, Executive Director 1. October 1 City Council Agenda Summary Report 2. Budget Amendment Worksheet APPROVED: LD/ZIP2 Can~-~e Horsley, Executiv~ector AGENDA SUMMARY ITEM NO. 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 Page 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: I · 2. 3. 4. Request for Proposal W-TRANS Proposal TJKM Proposal Wilbur smith and Associates Proposal APPROVED: Candace Horsley, City Manager ParkingStudyBidAward.ASR LD/ZIP2 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. LU U. LU ~- C] I-- Z LU