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2004-10-20 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 20, 2004 4:00 p.m. 4:00 - 6:00 p.m.: Joint Meeting of the City Council & Ukiah Valley Sanitation District lm ROLL CALL PLEDGE OF ALLEGIANCE COMMENDATION/PROCLAMATION/PRESENTATION a. Commendation to Ben Mercado b. Proclamation: October 2004 as Domestic Violence Awareness Month c. Presentation of the 2004 Cultural Plan By the Arts Council of Mendocino County d. Power Point Presentation of Valley Water Issues by Hal Wagenet 4. APPROVAL OF MINUTES a. Budget Hearings of June 29-30, 2004 1 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 6. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of September 2004 b. Report of Acquisition of Replacement Computer Equipment From Dell Marketing, L.P. in the Amount of $8,690.08 c. Report to the City Council Regarding Acquisition of Services From Spencer Brewer for the Management/Production of the 2005 Sundays in the Park Concert Series in the Amount of $7,500 d. Authorize Director of Public Works to Execute A Change Orderto Safety Striping Service, Inc. in the Amount of $3,631.96 to Perform Additional Striping at the Ukiah Regional Airport e. Authorization of a Budget Amendment for the City's Share of the County Animal Shelter Facility Construction Costs f. Adoption of Resolution Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City (275 Cherry Street), Pursuant to Government Code 25351 g. Adoption of Resolution Approving Records Destruction h. Approval of Extension of Contract with Jeff MacMillen for Golf Professional Services at Ukiah Municipal Golf Course i. Authorize City Manager To Execute a Contract To Marvin's Garden Tree Service In The Amount Of $12,600 To Perform Emergency Tree Trimming Along Gibson Creek Adjacent To Manor Oaks Mobile Home Park Ukiah Regional Airport 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. Approval of Woodbury Major Subdivision Map Application No. 03-57 9. UNFINISHED BUSINESS a. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to West Coast Arborists, Inc. in an Amount Not to Exceed $40,000 (Continued from 10/6/04-Andersen) 10. NEW BUSINESS a. Discussion and Possible Action Regarding Russian River Flood Control District Supply Contract b. Approval of Funding Engineering Review of Unnamed Watersheds c. Council Approval for The City Manager And Public Utilities Director To Purchase Replacement Power d. Council Consideration and Direction to Staff With Regard to Interviewing Applicants for Appointment to the City Council 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORT 13. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9(b) (1 case) 14. ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. This City o£ Ukiah Commendation is presented on this 20th day of October~ 2004, to BEN MER CADO H/HEREAS, on September 23, 2004, while gardening at your home udth earphones on, immediately responded to mutiqed cries o/help from your next door neighbor~ found herfacedow~inthepoolwithherlegstuckbetweenadeckboard, andli[tedheroutofthe pool, saving her [rom certain drow~in~ and IgZHEREA~ your rapid response saved the li[e o/a fellow human who was under extremely precarious conditionst and WHEREAS such li[esaving actions make the dit~erence between survival and death and exempli[y the level of commitment and care [or our neighbors to which we all shouM strive. NOV~, THEREFORE, I, Eric Larson, Mayor of the City o/UPa'ab, on behalf of my fellow Councilmembers, Phil Baldwin, Roy Smith, PaulA~dersen, and Mari Rodin, all City o/Ukiab eta[[,, and the people of the City o/Ukiab, do hereby commend you, Ben Mercado, for your quick thinking a~d noble humanitarian e/forts in saving the life ora member of our community. Date: October 20, 2004 Eric Z rson, Mayor PROCLAMATION WHEREAS, October 2004 marks the 182 annual commemoration of National Domestic Violence Awareness Month; and WHEREAS, home should be a place of warmth, unconditional love, tranquility and security, however, for many Americans, home is tainted with violence and fear;, and WHEREAS, everywoman, child, and man in America has the right to live free from violence in their homes, neighborhoods, and communities; and WHEREAS, children who are subjected to domestic violence often grow up to inflict violence on others, creating a circle of violence that must be stopped; and WHEREAS, domestic violence is a public health problem that affects people of all races, ages, income levels and gender, and shatters families and communities; and WHEREAS, the U.S. Department of Justice estimates that one million women are victimized by domestic violence each year, with less than half of all crimes actually thought to be reported; and WHEREAS, efforts to end domestic violence require collaboration and commitment from criminal and juvenile justice agencies, victim assistance organizations, health care, mental health, and legal communities, schools, social services, and civic and communityleaders, as well as the strength and courage of survivors; and WHEREAS, continued education and intervention efforts will improve public awareness of the severity of domestic violence, help to prevent violence, and reduce the related costs to society. NOW, THEREFORE, I, Eric Larson, May~r of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Roy Smith, Paul Andersen, and Marl Rodin, proclaim October 2004 as DOMESTIC VIOLENCE AWARENESS MONTH and recognize that domestic violence is a critical issue that requires a collaborative response from individual citizens and communities to prevent and sensitively respond to domestic violence crimes. October 20, 2004 Eric Larson, Mayor ~ 3b ITEM NO' MEETING DATE: October 6, 2004 AGENDA SUMMARY REPORT SUBJECT: Presentation of the 2004 Cultural Plan by the Arts Council of Mendocino County Anna Kvinsland, Executive Director of the Arts Council of Mendoncino County, has requested an opportunity to provide an informational presentation to the Ukiah City Council regarding the Arts Council Cultural Plan. The Arts Council of Mendocino County began in 2000 with the support of the Community Foundation of Mendocino County and the California Arts Council. With the addition of a national endowment for the arts grant and numerous community planning partners, the Arts Council worked diligently to survey the needs of the County's individual artists and broader arts community as well as to document the County's cultural resources. This resulted in the Mendocino County Arts Assessment and Cultural Plan 2002. In January of 2003 a consultant was contracted to design and guide a comprehensive community cultural planning process that would take the work done by the Arts Council and apply it to the broader civic agenda. An important goal of this process was to identify and expand the role of local artists in the community's future. The cultural plan that was produced addresses a variety of civic concerns and points the way to the development of new collaborations, leadership and financing for advancing Mendocino County and its cultural assets. The Council is being requested to endorse this plan after the presentation by the Arts Council Director. RECOMMENDED ACTION' Council consideration & endorsement of the Arts Council Cultural Plan. ALTERNATIVE COUNCIL POLICY OPTIONS: Take no action. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments' N/A Anna Kvinsland & Council Member Rodin Candace Horsley, City Manager Arts Council of Mendocino County 1. Arts Council Cultural Plan Approved' ',~~, Candace Horsley Cit~Manager 4:CAN/ASR.ArtsCouncilofMendocinoCoCulturalPlan ITEM NO. 3d DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: POWER POINT PRESENTATION OF VALLEY WATER ISSUES BY HAL WAGENET Hal Wagenet has requested the opportunity to present his Power Point presentation on valley water issues that he prepared over a year ago to the City Council. RECOMMENDED ACTION: Review Power Point Presentation ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Hal Wagonet N/A Candace Horsley, City Manager Candace Horsley, City Manager None. ,/Candace Horsley, City Manager c:asrpresentation Mendoclno Count/ L::' '",. ,--'71 . ".¢ . i,. ~{iVer' : -'~,,: .......... "W~ :,ershed: Watershed Localion __~.!Z'::'"" A Previous Attempt to Figure Things Out In 1991, the Ukiah Valley Task force concluded that fragmentation of authority of water services within the Ukiah Valley had diluted the financial resources available to those who are responsible for providing those services and further development of water supply. The Task Force Recommended: · The Russian River District (RR District) should be 'econstituted with a seven-member board by zones. · This RR District should represent residential, industrial, agricultural, recreational and environmental users in the district. ,The RR District should be responsible for the )rotection, development, treatment and sale of water to distribution districts and agricultural users. it is now 2003 .... California Dept. of Health Drinking Water Adequacy Assessment This study was completed in April, 2002. It focused on water use in the Ukiah Valley from 1995 - 2000. ,The study looked at the water districts in the Ukiah Valley and their relationship to Project Water. · Project Water is the 8,000 Acre Feet (AF) in Lake Mendocino that is available to the county. · Project Water is allocated by the Russian River Flood Control and Water Improvement District (..RR District). Districts Studied REDWOOD VALLEY CALPELLA MILLVIEW CITY OF UKIAH ROGINA WILLOW HOPLAND Features Studied SOURCE 'STORAGE TREATMENT SYSTEM RELIABILITY CONSERVATION Percolated Groundwater vs. Underflow Historically the SWRCB has not taken a regUlatory position on groundwater in the State of California. That is changing as the relationship between surface .water and groundwater is explored. The basic question is "Does groundwater flow from or toward the river?" The answer to this question bears directly on the execution of the Russian River District's permit to distribute Mendocino County's allocation of 8,000 AF per year. Muddying the Waters The SWRCB defines water within the geologic streambed as underflow. Using this definition, all waters, peak to peak, in the Ukiah Valley are Russian River underflow and subject to the 8,000 AF allocation of Project Water distributed by the RR District. The Drinking Water Assessment uses this theory throughout the report to determine available water for Mendocino County. 'Muddying the Waters (continued) In an attempt t° resolve the issue, the RR District .contracted with Analytical Sciences Laboratory in PetalUma in June 2001. · ASL took 21 samples from sites and wells in the Ukiah Valley and Hopland area. · The lab report found chemical differences were insignificant and the results inconclusive. Muddying the Waters (conclusion) Without scientific evidence, Hopland and RR District have resorted to legal means to resolve the question, an imperfect solution at best. Stay tuned ......the court's decision will affect us all. RIPARIAN WATER RIGHTS RIPARIAN = Users adjacent to stream banks RIPARIAN USERS ARE REQUIRED TO REGISTER THEIR USE, BUT MOST DO NOT RR District estimates riparian use to be as much as 10,000 ACRE-FT. PRE21949 APpROPRIATIVE:'RIGHTS =' 8,1 POST:~I'949 APPROPRIATIVERIGHTS = 4,000 AF "(wint;r'/spd~g Di~/ersi0~;~niy f;; F;b's~:'Pr°tec~i'~':~nd storage). LAKE MENDOCINO'(Project Water)~ ='~ 8,000 AF · . .., .~..: , .:. :.:,: ..':!~'.. TOTAL UKIAH VALLEy U~AGE 'i =" '. 20;100 AF NOTE: POTTER VALLEY USE OF 15,000 '-' 18,000 AF NOT INCLUDED.'.' il ~-: .. POTTER VALLEY I$ PART OF THE RUSSIAN RIVER DRAINAGE, BUT UE$ ABOVE LAKE MENDOONO. - CONCLUSIONS .. - . THERE IS A PROBLEM' .. Long Term Solution Will Have To Be Regional and . Include All Interests .. The QUESTION O.F ..... PERCOLATED' GROUNDWATER vS. UNDERFL0W: MUST BE RESOLVED BEFORE TRUE EXTENT OF PROBLEM IS KNOWN . -. · . : - . -, edwood Valley Redwood Valley Total use per year ~ 2510 Agdcultural~ 1720 Do..~sucI 790 Customers 1120 Iconnections Average day 625 Igallons/ Maximum day 1354 Igallone I day ~,v~ day in rm~drrum monlh 912 Igallone I day Water usage in Redwood Valley increased over thc last six years from 1812 AF to 2510 AF. T~is is duc hearty totally to increa~d agricultural demands from vineyards and wineries. Domestic u~, due to thc moratorium imposed by thc court in 1989, has increased slightly. Redwood Valley relies on Project Water from the RR District for May - October demands. Thc RR District, however, has none to sell. Redwood Valley's intake pumping is approaching its limit duc to greatly increased demands From agricultural customers. Calpella I Calpolla [ ~Customers i 176 lconnactions ~Average day 667 gains ! day IMaximum day 1243 [galons I day. Ave day in maximum month 948 ,Igal~ns I day ~ of Ukiah per connneclionI 108% / Calpclla docs not have a walcr right pormit and is totally reliant on Project Water from the ER DiatricL to meet demands. Thc stoic assumes that Calpeila's well is drawing from river underflow, rather than percolated Groundwater. Calpcila obtains thc majority of its supply from Mill'.'iew. ir water is available. $inec Millvicw ha~ an inadequate source supply, it is apparent that C.alpella fails to rnc~ State standards for adequate and reliable water supply. Calpcila does nm have adcquato distribution storaac to meet Standards in 2000. It will aced increases in sourec capacity and distribution storage to meet projected needs prior to 201 O. Calpcila has no establ{shcd conservation proc, ram and pm' connection use i$ almost I0% higher than thc City of Ukiah. Millview Millview fatal use p~_r__year 1544 ~F ;ustomers 1462 :onnecUons lkvera e~y g51 3alons I day Maximum day 2236 ;lotions / day We day In maximum month 16~4 ;~ % of t.~lah per connecUon . 190% · Millview has a winter Water Right for 1440 AF. For July- October, Millview must rely on Project Water from thc RR DislncL · Millvicw's source capacity of 2.64 MGD is inadequate to mect its pr. ak dcmunds. · Millvicw lacks sufficient distribution storage to mect Califomia Waterworks Standards. · Millvicw does not have sufficient standby power to operate its intake wells and troatment pant. · Millview's inlcrconoection with the City of Ukiuh docs not have adequate capacity to rnect minimum needs in thc D/strict. · Millview has the second highest historical u~c par connection in the Ukiah Valley (nearly double the City of Ukiah) but did establish a water cons¢rvalion program in mid-2001. Pursuant to a Complionec Order issued in June 2001. h, tiltview has completed un engineering unul~is of water system, established a water conservation program, and cominuas to have new applications reviewed by the California Dcpl. of Health Services. City of Ukiah [ City of Ukiah ~ota, usa per year [4099 ~Ust°mars I 7016 [connections ~Average day I 556 ~alons I day ~-~-~m day l ~v, day in mextmum monu~ 878 ~ of Ukiah per connect col 100% ' Distribution storage is inadequate based on water usc in 2000. Dy 2010, thc City's so~ree pumping, trcatrnem .and storage capac~ly wi1[ need to be increased to mect requircmems of the California Wmcrworks Standards. Thc City docs not have an established ~vater conservation program. However, ifs per connection use is the lowest of thc water systcm...about equal to tho average for larger Sonoma County communities. Rogina f R_ogina tal use per year -- ~' 642 IN: ! I ustomers [ gas Iconnection~ erage day I 618 Idol!oas I day ~'~'-r~um da y 1502 Igc ~._~..~.~_ ~Ave day in maximum montht 1203 lgaa3ns I day_ ~ o, Ukiah pe ...... tlonl 137% goginu has no water rights. It is totally dependent on Projec~ Water from thc RR Distri~:L following thc State's usumption that its three wells are pumping underflow, rather than percolated groundwater. ,Soeree capacity from thc wells is more than adequate to ~ projc~cd needs ~hrough 2010. ,However. thc $tutc believes that, duc to thc undorllow theory, this water is subject to the RR District's permit or 8,000 ^F, which is fully utilized. · Therefore, for Rogina to legally use this water, the RR District would have to rcduec the "surplus water" sold to Redwood valley, or provide less water to its agricultural customers. ,This would not be necessary if thc wells are considered to be percolated groundwater. Rogina does not have a water conservation program and water usc I~r connection is approximately 35% higher than Ihat of thc City of Ukiah. Willow Willow Total use per year 1185 AF Customers 1029 connections Average day t 104g gallons I day. daximum day[ 2337 gallons / day We day in mexinl.,m monthll 1894 gallone I day_ ~of Ukiah per connection I 216% . Willow has a waler right rot 1440 AF from November to Jane. ,For July through October. it mu~t rcly of' Project Water from thc RR Distr/ct. I,Again, thc SluIc's ~sumption is that thc three wells are pumping unCtcrflow, requiring a permit, not groundwater. · Il'thc Burke Hill field is considered porcalaled groundwater, rather than underflow, Willow would have approximately 3225 AF annually. ,This is more than adequate to meet projected needs through 2010. Willow has no established water conservation program, it has the highest per connection usage.. 18~4 gallons per day, 116% higher than thc city of Ukiah, Wdlow continues to ~erve aghcuhural customers. 4~~ ~' Hopland ! Hopland rrotal use per year t 281 !AF ~ve~ge day 865 ;a~o~ 1 ~xi~% ~y 2194 iga~ns I ~y ~ve ~y iff ~ ~th/ 1474 ~.of Ukiah ~r co~ection ~ 168% · ~cc a~m. ~c ~sumption is ~ ~e Hopland's wells all ~aw ~mm undcr~ow, not b~undwat~. · ffthc wcUs w~c ~undwat~. Hopland would have 1408 AF. · ~c ~oundwa~ct ~. underflow qu~ion is curtly ~ing tested by litigufi~ ~wc~ Hop)und and the R~siun River D~st~ct in Ibc M~d~ino Su~or Coum · Hopl~ has adequate ~u~c and di~dbuli~ ~o~gc through 2010. d~ding on ~c ~tco~ Hoptafld does n~ have an ~lablishcd walcr con,ration pm~m and has a v~ hiSh ~ co~n~ion usc during ~ximum months o~ 1630 gallons ~ day. 83% hi~ than thc Cily or U~i~. Hop[~ ~m some a~cuhuml cusmm~. CONCLUSIONS .- . . . Yes, There is a:P. roblem !!- .- .. . Long Term Solution Wil/Have 'To Be Regional and . .'Include All Interests "The QUESTION OF PERCOLATED GROUNDWATER VS. UNDERFLOW 'MUST.BE RESOLVED BEFORE TRUE'EXTE .NT OF PROBLEM IS KNOWN .... · "Rip'ti'an usage is'Not R'eported. Impacts Unknown. DOMESTIC AND' AGRICULTURAL USAGE IN DISTRICTS'ARE NOT .SEPARATELY REPORTED Conservab'on Measures Needed 'Our Drinking Water Will Come From,., Where?!' ore ~ ev~l~g [rom ~wot~ Io ~stewater, ROHNERT PARK City hopes of new water meters tit the bill for pdcing consumption A little cffort goes a long way -._.._.~ -~-':-'..2-_~.-~_-:; :-:'~.. '--: - ' - - --: :'..._-, ---.'-'" Conservation ! ~,.,,~,~.*,:.:1..,~;:~,~= Ren'ofittina exceedsl I ~¢-,~ ,vatet:sawng goal I I t., ', ~]' :'r-.. 4 , ~=?~ .5~'~'::~-='2.~t ~,~ ,,.",..'" u',.3.:.:... : -----===~---'= E~_z~_,:Z:.~r::-~- ,~ ...._ ,.., , .' .' .... , ..... :Z", Z ,, ,,..Z ,,-.. ,7; "'1' ,>,~i~7 ' _,~ik. '."~ Mendocino ~ ~"~k; "~, County nee ds ", ~ ','~ ' ;'-'t[:t~ some news hke '-" ~ '-'" ........ ":~ ...... '-' tnlS .. MEMO Agenda Item:-3a- TO: FROM: Honorable Mayor and City Councilmembers Deputy City Clerk Marie Ulvila ~/~.l~.~.z~j~, ~_~/~..~_~,/ SUBJECT: City Council Minutes- June 29-30, 2004 Budget Hearing DATE: October 15, 2004 Every effort will be made to provide Council with a copy of the Draft minutes of the June 29-30, 2004 Budget Hearing no later than Tuesday, October 10, 2004, Memos: CC102004 - minutes ITEM NO.: 6a DATE: 'October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF SEPTEMBER 2004 Payments made during the month of September 2004, 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: 57364-57444, 57446-57540, 57623-57756 Accounts Payable Manual check numbers: 54493 Payroll check numbers: 57247-57363, 57541-57622 Payroll Manual check numbers: 57445 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 2004. 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~ce Horsley, City M~ager KRS:WORD/AGEN DAPSEPT04 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 2004 Demand Payments approved: 57364-57444, 57446-57540, 57623-57756, 54492-54493 FUNDS: 100 General Fund $154,374.70 600 131 Equipment Reserve Fund 611 140 Park Development $419.23 612 141 Museum Grants $7,832.51 615 143 N.E.H.I. Museum Grant $2,759.79 620 150 Civic Center Fund 640 200 Asset Seizure Fund $3,905.35 650 201 Asset Seizure (Drug/Alcohol) 652 203 H&S Education 11489 (B)(2)(A1) 660 204 Federal Asset Seizure Grants 661 205 Sup Law Enforce. Srv. Fund (SLESF) 664 206 Community Oriented Policing 670 207 Local Law Enforce. BIk Grant $1,666.66 678 220 Parking Dist. #10per & Maint $630.40 679 230 Parking Dist. #1 Revenue Fund 695 250 Special Revenue Fund 696 260 Downtown Business Improvement 697 290 Bridge Fund 698 301 2107 Gas Tax Fund 699 310 Special Aviation Fund 800 315 Airport Capital Improvement 805 330 Revenue Sharing Fund 806 332 Federal Emerg. Shelter Grant $13.20 820 333 Comm. Development Block Grant $357,170.38 840 334 EDBG 94-333 Revolving Loan 900 335 Community Dev. Comm. Fund $13.20 910 340 SB325 Reimbursement Fund 920 341 S.T.P. 940 342 Trans-Traffic Congest Relief 950 345 Off-System Roads Fund 960 410 Conference Center Fund $8,388.14 962 550 Lake Mendocino Bond 965 575 Garage $1,086.17 966 975 PAYROLL CHECK NUMBERS 57247-57363 DIRECT DEPOSIT NUMBERS 21559-21699 PAYROLL PERIOD 8/15/04-8/28/04 PAYROLL CHECK NUMBERS: 57445, 57541-57622 DIRECT DEPOSIT NUMBERS 21700-21852 PAYROLL PERIOD 8126104-9111/04 VOID CHECK NUMBERS: NONE Airport Sewer Construction Fund City/District Sewer City/District Sewer Replace Special Sewer Fund (Cap Imp) San Dist Revolving Fund Spec San Dist Fund (Cap Imp) REDIP Sewer Enterprise Fund Sanitary Disposal Site Fund Landfill Corrective Fund Disposal Closure Reserve U.S.W. Bill & Collect Public Safety Dispatch MESA (Mendocino Emergency Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Special Projects Reserve Electric Street Lighting Fund Public Benefits Charges Water Special Water Fund (Cap Imp) Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. Russian River Watershed Assoc TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $80,082.62 $180,286.22 $39,410.82 $111.48 $1,104.03 $16,509.01 $26,398.09 $405.06 $3,176.63 $2,974.00 $496,286.57 $12,240.29 $5,172.18 $182,402.07 $233,079.O8 $10,236.40 ($2.38) $92,321.02 ($35.86) $45,368.41 $27,000.00 $15,067.17 $2,007,852.64 $66,212.02 $134,941.81 $349,921.50 $2,558,927.97 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on Deputy 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. City Manager Director of Finance MEMORANDUM Date: To: From: RE: February 23, 2001 City Council Members ~ Gordon Elton, Finance Direct · Disbursement Description - Abandoned Property-State The attached Agenda Item (Schedule of Bills) includes disbursements with a description "Abandoned Prop-State". These entries are to cancel (void) outstanding checks that are "stale dated''. Stale dated checks are all checks that have not been presented for payment by the bank within 90 days from date of issue. We attempt to contact the recipients of stale dated checks. Those we were able to reach were issued replacement checks. Those recipients we were unable to reach, were not issued replacement checks. California Government Code Sections 50050-55056 provide direction on the handling of unclaimed money. Basically, unclaimed money is held for three (3) years. At the end of this period, an advertisement is placed in the newspaper informing the public what unclaimed property is being held. If no claim is received for the money after this notice, the money reverts back to the City. A trust account was established in the general ledger to record the amounts designed as unclaimed property. The Accounts Payable Specialist will maintain a control sheet of the detail which equals the balance in the general ledger account. 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FI oo ooooo 0000 0000 0000 mi:z: 0 0 o o o 00 00 E) 0 0 L~ ~ 0 C~ 0 · . · ~o~ 0000~ 0 HHHH[ ~~0 googg oo o~ ~oo oo 0000 ~00 00~ ~°~ ~°° 0 [-~ H 0~ 0,.-] a~r.a O~ H i i H 0,< H ~ 0 ' 000000 000000 o o o o o o i~ i..~ u"'~ o o o o~~~oo 000000000 0 0 oUUU~ o ~ ~ o~ o o o . o t'xl ~ , o~ · oo~ o o o · 0 . ~mc0 , 0 o o oSS© o S ~oooo~ ~Soo ~°~ ......... 000000000 ~~ o ~~ o H~~H H ~HHMH~ H ~ ~~ H ~ H~H~ H~HHHH~H~0 Z ~> RRRU~ ~000000 0 O~ ¢j . o > o oo 0 0 ~000~0 000 ~ M~HO 0 ~000~ 0 oo n~ o ~ O~ H o 6 0 ~ 0 o 0,~ E-* o H '~ C.) , O 0 0 ITEM NO. 6t~ DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF REPLACEMENT COMPUTER EQUIPMENT FROM DELL MARKETING, L.P. IN THE AMOUNT OF $8,690.08 Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the acquisition of replacement computer equipment for the following departments: Wastewater Treatment Plant Fund -612.3580.800.000 .................. Equipment Replacement Fund - 131.1965.800.000 ..................... $1,762.12 $6,927.96 The Purchasing Department issued a Request for Quotations (RFQ) for replacement computer equipment and mailed the RFQ to eight vendors. Two vendors responded. The respondents were: Dell Marketing, L.P. - $8,690.08 and Computer Scene - $10,322.80. After careful consideration of the bids received, a Purchase Order was issued to the lowest bidder, Dell Marketing, L.P. RECOMMENDED ACTION: Receive report regarding acquisition of replacement computer equipment from Dell Marketing, L.P. in the amount of $8,690.08. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Paulette Klingbeil, MIS Coordinator Coordinated with: Mary Horger, Purchasing Supervisor and Candace Horsley, City Manager Attachments: None Canc~ace Horsley, City rV~nager ITEM NO. 6c DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING ACQUISITION OF SERVICES FROM SPENCER BREWER FOR THE MANAGEMENT/PRODUCTION OF THE 2005 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $7,500 Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the acquisition of services from Spencer Brewer (dba: Laughing Coyote Productions) for the management and production of the 2005 Sundays in the Park Concert Series in the amount of $7,500. Spencer is one of the original organizers and has provided these services since the beginning of the series. The contracted amount has remained constant for the past 14 years. The event is funded entirely by private sponsorship, and the funds are held in a trust account that the City administers. RECOMMENDED ACTION: Receive Report Regarding The Acquisition Of Services From Spencer Brewer (Dba: Laughing Coyote Productions) For The Management And Production Of The 2005 Sundays In The Park Concert Series In The Amount Of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director 1. 2005 Contract Proposal from Spencer Brewer ba aace y, City-'~anager Attachment Proposal to Manage the 2005 Sundays in the Park Concert Series I propose to manage the 2005 Sundays in the Park Concert Series for the City of Ukiah to the same extent that I handled the project in 2004. I will coordinate all the acts, bookings of said acts, sound logistics, radio spots, radio & press releases, stage coordination, help on the poster layout, concert day opening speeches, fund raising, and general on site management at each concert. If a previously scheduled concert of my own occurs on the day of any of the SITP concerts, I will make ample arrangements. The terms are as follows: $2,500. to be paid on September 25, 2004 to Spencer Brewer. This covers all my expenses in enlisting sponsors, booking of the bands, setting up the publicity campaign and the pre-work to begin the 2005 series. The next payment of $2,000 will be due on December 7th, 2004. An additional $500. per each of the six concerts, will be due on the day of each concert. If there are 7 concerts, the amount will be adjusted. Total: $7,500. Signed: Spencer Brewer, September 14, 2004 Accepted for the City of Ukiah: Date: AGENDA SUMMARY ITEM NO. DATE: REPORT 6d October 20, 2004 SUBJECT: AUTHORIZE DIRECTOR OF PUBLIC WORKS TO EXECUTE A CHANGE ORDER TO SAFETY STRIPING SERVICE, INC. IN THE AMOUNT OF $3,631.96 TO PERFORM ADDITIONAL STRIPING AT THE UKIAH REGIONAL AIRPORT The City Council, at its regular meeting on September 1, 2004, authorized award of a unit price contract to Safety Striping, Inc. of Goshen, California, with an estimated total contract amount of $18,071.02. The final amount of the contract will be based on actual units of work put in place. The City Manager has approved execution of a Contract Change Order in the amount of $3,110.00 for painting and installing glass beads on the white runway centerline and yellow taxiway hold markings at the Ukiah Regional Airport, taking advantage of the competitively bid contract that is currently in place for Public Works Department. Staff also requested a quotation for additional work to restripe the taxiway edge markings with a single coat of paint. Safety Striping's quoted price for this work, of $.31 per lineal foot or a total of $3,631.96, has been reviewed by staff and determined to be reasonable and in line with the competitively bid unit prices in the original contract. A copy of Safety Striping's quotation is included as "Attachment 1" to this report. The 2004/2005 budget for the Airport Enterprise includes $7,000 for this work. The combined cost of the two changes noted is $6,742.00. The budgeted funds are included in 600.5001.305.000 and are shown on "Attachment 2" to this report. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. As stated above the sum of the change orders to the contract will exceed $5,000, therefore Council approval is required to incorporate the second proposed Change Order. RECOMMENDED ACTION: Authorize the Director of Public Works to execute a change order to Safety Striping Service, Inc. in the amount of $3,631.96 to perform additional striping at the Ukiah Regional Airport ALTERNATIVE COUNCIL POLICY OPTIONS: recommended action and provide direction to staff. Choose not to approve the Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: '~'~-~--~"-'"' ~ Candace Horsley~,.City N/A Paul Richey, Airport Manager Diana Steele, Director of Public Works / City Engineer Candace Horsley, City Manager 1. Quotation from Safety Striping Service, Inc. dated 10/13/04 2. Fiscal Year 2004/2005 Budget Manager Attachment j m mm Bm SAFETY STRIPING SERVI~ INC.. RO, Box 1020 ~ (ss~) 6s ,.t022 ~ ]tss Ra~Y~ (55~) &SI-! 118 Cona'~L'te~9 License ff313g&69 Signatory Contea~cor8, Laborer's International Northern & Southern California SUBCONTRACT QUOTATION PRO.IEG'r: UKIAH AIRPORT MAINTI=N_AN(;;F DATE: DHcdption ~ TAXIWA¥~ 1 DATE ~T :SEE ATTACHMENT A FOR CONDmONS. "-'--'- Unit LF i, Unit Price 0.310 TOTAL Amount 3.631.96 PAGE I Of 2 Attachment # i~1 i i1~ i ~ _ Attachment "A" JOB UKIAH AIRPORT MAINTENANCE Bid Opening Date: N/A · Safety Striping Service, Inc is signatory to the Laborer's of Northern and Southern California. * Safety Striping Service, Inc is a certified small business (Certification #: 0014354) · Safety Striping Service, Inc requires an invitation to pre-job meetings. · Price includes NO (0) move-ins for option 1 and 2 and ONE (1) move-in for option 3 and 4. Additional move-ins are $1120.00 ea. · Ten (10) working days advance notice is required on each mobilization (option 3 and 4 only). The city will make arrangements to shut down the airport during maintenance operations. Price docs not include shut down markings. (X- over runway numbers) Paint used is TT-P-1952D Waterborne White and Yellow (No black included on hold bars. Paint will be applied at a rate of 100 to 115 square feet per gallon per coat. · Retro-reflective glass b~ad$ ate TT-P-1325 Type 1 graduation A will be installed at 7 to 8 pounds per gallon of paint. Should our quotation be accepted, our quotation along with this "Attachment A' will become part of the subcontract agreement or purchase~ Revised 9/23/04 2 of 2 Attachment # o AGENDA SUMMARY ITEM NO. 6e DATE: October 20, 2004 REPORT SUBJECT: AUTHORIZATION OF A BUDGET AMENDMENT FOR THE CITY'S SHARE OF THE COUNTY ANIMAL SHELTER FACILITY CONSTRUCTION COSTS After a period of extensive negotiations, the City of Ukiah and the County of Mendocino entered into an agreement, as of August 1, 2001, for cost sharing of construction costs for the County animal shelter facility. This agreement identified the method for determining the proportionate shares of the costs and the conditions under which the proportionate shares would be' recalculated. The initial apportionment is based on the animal shelter usage data for the calendar periods of 1996 through 2000. This calculation identified the City's apportionment at 19.22%. Mendocino County issued amended invoice #02-03/03-04 on September 3, 2004 in the amount of $27,935.83. This invoice is for $3,839.52 for FY2002-2003 and $24,096.31 for FY2003-2004. The payment required under this contract was not included in the budget for fiscal year 2004-2005. Therefore staff is requesting a budget amendment in the Miscellaneous General Government Contract Services (100.1990.250.000) budget in the amount of $27,936.00 for the City's obligation under this contract. RECOMMENDED ACTION: Approve a budget amendment in the amount of $27,936.00 for Miscellaneous General Government account #100.1990.250.000 for the City's share of the Mendocino County animal shelter facility construction and financing costs. '~.-' ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A /~ Gordon Elton, Finance Director. Candace Horsley, City Manager 1. Agreement for Cost Sharing of Facility Construction and Financing Costs for the County Animal Shelter Facility in Ukiah 2. Mendocino County Animal Care & Control Invoice #02-03/03-04 Amended APPROVED: Candace Horsley, City l~anager . ~.- 1 ~ 46? % P.OI set on the basis of an -,Z-.__ _,.._ ,.,_.,_ _ _ .-~.e-,,,,,,--,,,~a hmo ~a. ~ .,.,._ ,,,:_,_ ,,. _,. , -:~,:~ m .me.t.:~ s mc)sc recent ~.~ ~. im~oundme~?~ ~errnin~ g~e Cily's pm~ata abate £cr lhe ensuing five year ~iod. and thy asr~ that thc Ci~'s biti:d i~iom~:~ s~ll ~ ~c~ or~ ~ ~ ~~ ~~ of~ i~.,~~ ...._,,.. )~ ? ~ ~~ Gl i ~ ~~ ~n ..... ~__~ -- . , ....... · ...... article 2, patal~ph 2, oI'BOS Agmcment Number #00-319) to the total ~umbCr cfi nnlmaJs im~ a Ibc U~i:~h Sheller. Cm.:nty s~ ~may pro,de Cit~ ~~ ~ ~ in ~ f~t co~ ~ E~bit ~ ~. ~ .,, 70? 4~ 4~73 P. OZJ~G Comayasre~ tu mha~ with CRy auy ~mal~iaI {:~'~tm it may d~ive ~rom auy futu~u · ~im~t u,u{~ S~ r~l.u~ ~u ~ oos~ maz,dau~ lU, SB ! 78'5. Such shmr}~g of ~ ~{mil 1~ ~ on th~ ~ fac~ in ~ for time {Sine lmmri~I of SEP-O2-2eE1,,T, 13. 11:44 GENERAL SERVICES .. 707 463 46'7..~ P. 04/06 ~l ~ ~ fo~: pmp~ fi~~ posfel{e afHxcd 0-,= =~o ~/o ~ ~ O~ee Uld,d, C/vic C~z~. ~00 Se~ Avem,e .... ~~~_. ~~.~~~ Kri.vii Furm~ Cl~k of rbe {i},oard FORM: AI~ROV~ AS'TO'FOIC~: SEP-02-2803 ~:44 fiENERRL SERUICE$ Attachment ATTAINT A - I)ET~~TIOW OF TOTAL PRIWCIPAL DF'BT SERVICE A~OU~ T 'Total Ptiu~ {~t,t ~ A,non~ (E~¢iusive of Corn of'lssuan=) $ 13,700,00¢, 21 Cost of Animal $lmet~-r_ Facility } · S ~ '"-'""'*"- -- 7.81% ' 21, .770,739 ~,.mn~. _u~erem~ .l~~~ur ~ ~ 2002,03 is $1,025,000, lhm-th~ tam Animal Shelm. Facihty would be S! 42,.h~3 (or 7.81% X S1,825,(~)). At,ply resulls obtained in Step 2 muRipik, d by City's al~iieable percantasc of t.9.22%, in our~ euuuu~c, theresult would bm $27395 (or 19.22% X S142,533). 18: S? ?~7 4~? a58~ T~T~L Attac~nent e __ ~'' ,~ ~ i I_1 I __ MENDOCINO COUNTY ANIMAL CARE & CONTROL Invoice Invoice #: 02-03/03-04 Amended Invoice Date: 09/03/04 Bill To: gP089312 Arm: Gordon Elton Finance Officer, City of Ukiah 300 Seminary Ave. Ukiah, CA 95482 Remit To: Attn. Karen i~imes Mendocino County Dept. of Animal Care & Control 298 Plant Road Ukialg CA 95482 ., , 2~3-2~ 24,0~.31 24,0~.31 S~ To~: 27,935.83 , ~l~ ~: Date: ' Amount Due: $27,935.83 Amount Enclosed: 298 Pl~t~ RtL Lnda~ CA 95482 Phone: 707-463-4652 Fax: 707-468-3338 Email: him~~mendocino.e~as ~,_~ AMENDED INVOICE UKIAH DETERMINATION OF TOTAL PRINCIPAL DEBT SERVICE AMOUNT FOR FISCAL YEARS 2002/2003 & 200312004 Portion of Principal Proceeds Available for Construction Poriion of Principal Proceeds set aside for Required Reserves Portion of Principal Proceeds set aside for Capitalized Interest Portion of Principal Proceeds used in refinancing existing debt $13,161,170 1,957,849 1,426,951 ' 4.388,375 Total Principal Debt Service Amount (Exclusive of Costs of Issuance) Citv~$ COSt sharing allocation, methodolo~: Step, l: Total Construction Cost of Animal Shelter Facility to Date Total Principal Debt Service Amount $ 2,231,835 = = 10,66% 20,934,345 FY 2002-2003 (Pro rated calcul~on from date first open for business)' Step. 2_.' The porlion related to the Animal She~r Facility is the amount of the principal and interest payment for the fiscal year $1,199,980 x 10.66% = $127,918. Step. 3: The result obtained in Step 2 is multiplied by City's appli~ble percentage of 19.22%, which is taken from the agreement. $127,918 x 19.22%= $24i586. Step 4: The Department occupied the building May 5R 2003. May 5~, 2003 thru June 30R 2003 = 57 days. The result obtained in Step 3 is further divided by 365 days to obtain daily cost and then multiplied by the number of days in FY 02-03 from. date first opened for business. $24,586 divided by 365 days = $67.36 daily.. $67.36 x 57 days = $3,839.52. FY 2003-2004 ~ P&i payment for fiscal year $1,176,085 x 10.66% = $125,371. Step 3:$125,371 x 19.22% = $24,096.31 City's pro-rata share of construction.and financing costs for the fiscal years 2002/2003 (pro-rated) and 2003/2004 is: 2002-2003 (Pro rated) = $ 3,839.52 2003-2004 = 24,096.31 AMOUNT OWING '. $27,935.83 ITEM NO: 6f DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (275 CHERRY STREET), PURSUANT TO GOVERNMENT CODE 25351 SUMMARY: The County Department of Social Services has requested a waiver from the 60-day notification requirement, as established by Government Code Section 25351, to lease 2,400 square feet of storage space located at 275 Cherry Street. Government Code Section 25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before leasing the space and using it for storage. As described in the attached correspondence, the Social Services Department intends to use storage unit #E in the existing storage facility to store furniture, supplies, equipment and boxed records. Staff can find no reason to oppose the County's immediate lease and use of the storage unit, and therefore believes the 60-day noticing waiver is supportable. RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code Section 25351. ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt the Resolution, thereby require the County to wait 60 days to lease and use storage unit #E located in the existing storage facility at 275 Cherry Street. Citizen Advised: N/A Requested by: Steve Procter, Assistant Director, County Social Services Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Waiver Resolution 2. Procter Letter, dated September 27, 2004 3. Site Location Map APPROVED:~~ Candace Horsley, City Mah~ger RESOLUTION NO. 2004- ATTACHMENT ~_.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, . Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and , Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and . The Mendocino County Department of Social Services has requested a waiver of the 60- day notification requirement to lease and use storage unit #E in the existing storage facility located at 275 Cherry Street for the storage of furniture, supplies, equipment and boxed records; and . The granting of the waiver will enable the Mendocino County Department of Social Services to immediately lease and use the storage unit; and . The property located at 275 Cherry Street is developed with an existing storage facility and is a legal conforming land use to the C-2 (Heavy Commercial) zoning district; and . The use of the property by the Mendocino County Department of Social Services for storage space would not be inconsistent with any City code, or the goals and policies of the Ukiah General Plan. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Department of Social Services a waiver of the 60-day notification requirement to lease and use storage unit #E in the existing storage facility located at 275 Cherry Street for the storage of furniture, supplies, equipment and boxed records. PASSED AND ADOPTED on this 20th day of October, 2004, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marie Ulvila, City Clerk Eric Larson, Mayor Resolution No. 2004- Page 1 of 1 ATTACHMENT._~----~ Mendocino County Department of Social Services Alison Giassey, Director Adult Services Family & Children's Services Employment & Family Assistance Services 747 South State Street · PO Box 1060 · Ukiah · California · 95482 · (707) 463-7700 · FAX (707) 463:7804 September 27, 2004 City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: Agenda Item for Next City Council Meeting County lease of a 2400 square foot storage unit located at 275 Cherry Street, Unit - #E, Ukiah Honorable Council Members: RECE!V[", S EP 2 8 2004 01'/01' UKIAh PLANNING re:PT The County of Mendocino wishes to lease 2,400 square feet of storage space located at 275 Cherry Street, Unit #E, Ukiah. The aforementioned space will provide storage for furniture, supplies, equipment and boxed records. By way of this letter, we hereby request that the City Council adopt a resolution waiving the 60-day notification as required by Government Code Section 25351. Your cooperation in granting this request will enable the Social Service Department to initiate and complete a lease agreement and occupy the premises. In absence of such waiver, the Social Service Department must delay utilization of office space currently housing items awaiting transfer to off-site storage. Thank you for your cooperation concerning this matter. If you have any questions, please do not hesitate to contact me at 463-7732. Steve rroc er Assistant Director, Social Services Department dr cc: Kristi Furman, Clerk of the Board Pete Halstad, Director of General Services Debra Reed, DSS Facilities Administrator LOCATI'ON MAP 27S Cherry Street ITEM NO. 6g DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING RECORDS DESTRUCTION The following City departments have reviewed a Records Destruction Notice and identified certain records boxes to be destroyed: City Clerk's Department: 7 archival record boxes Personnel Department: 3 archival record boxes Public Works Department: 1 archival records box The City's Records Retention Schedule was adopted by City Council in 1999. The City Attorney has reviewed the Records Destruction Notices for each archival box and has approved those boxes designated for destruction. The City Clerk's budget has allocated $1,855 in this fiscal year's budget for records destruction and shredding of documents. RECOMMENDED ACTION: Adoption of Resolution Authorizing Destruction of Certain Records ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A , Marie Ulvila, Deputy City Clerk Candace Horsley, City Manager, Gordon Elton, City Clerk, and David Rapport, City Attorney 1. Resolution with attachment authorizing the destruction of certain records APPROVED: Candace Horsley,~~ily i~anager ASR: Records Destruction 2004 City Clerk ATTACHMEI~rr / _~' RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the City Clerk's Department has reviewed and approved the list of records provided by the City Clerk's Department, Personnel Department, and the Public Works Department that are ready for destruction; and WHEREAS, the attached list of City records represents records which are no longer necessary and may at this time be destroyed. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records. PASSED AND ADOPTED this 1 st day of September, 2004, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Eric Larson, Mayor Marie Ulvila, Deputy City Clerk Resolution 2005- Page I of 1 Date: August 17, 2004 Dep~;ltr¢.enl: C:i'l:y 31E,l'i([{(;cc)rds Coordinator: Ma)lB Utviia, Deputy City Clerk Current retention schedules shov/that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than Sept. 16, 2004 to City Clerk. Thank you for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION DATES 230 300 Airport files, clear zone 1952-1965 2000,, 616 1936 Bids - 601-03 1996-1996 1999 617 1837 Bids - 601-03 1996-1996 1999 618 1838 Bids - 601-03 1987-1994 1997 620 1840 Bids - 601-03 1994-1995 1998 868 2344 Bids 7/01-6/02 2004 870 2346 Bids 7/01-6/02 2004 Signatures Authorizing Destruction ~.~.~Dep,artment Head. 'ty C Date: ?'.~'7'/~ ¢ Date: Destroyed By Date: Reports: Destroy-City Clerk 2004 LU u. Z 0 ILl W LI.. Z 0 UJ I.U Lt. Z 0 t~ CD 0 (D L~ UJ U. Z 0 W mmm LLI I >- cu 0 0 m § ~ w 0 ~ ~ ~ o o ~ o ~ 0 ~ ~ 0 '~ 0 ~ .~ ..5 ~ ~.z ~ ~ ~ o ~ · d o w ~ ~ ~ ~ Z ~ o ~ ~ ~ 6 o ~ · 0 0 · ~E ~ o= ~ ~ ~~ ~ ~= ~~ -- ~ o ~ ~ ~ ~ ~ ~ E o .~ '~ E ~ ~ o~ o ~~~ ._ o o ~~ m~ ~ ~o~ ~° o~ ~ o ~ E E m o©~ m~ ~ ~ <<mO0~O00 _ ~~ o o RECORDS DESTRUCTION NOTICE FOR CFI Y 0i'~'-I.;'Kl~'~2'' Date: August 17, 2004 Department: Personnel Records Coordinator: Marie Ulvila, Deputy City Clerk Current retention schedules show that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department H_ead'.s_Signat~_ Thank you for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS DATES 49 2054 Confidential Personnel Files 1989-1991 1996 707 1977 Confidential Recruitment Files 1986-1997 2002 , ~,, ~_ 708 1978 Confidential Recruitment files 6/94-11/94 1999 709 1979 Confidential Payroll Records 1985-1986 2001 K..rE lo- ~, 740 2010 Confidential Personnel Files 1979-1997 787 2263 Confidential Firefi.ghter 4/99-4/99 2004 :/ ' - ~' - Recruitment File & Applications t~,..%"~ ~,~ Signatures Authorizing Destruction Department Head Date:-~, ~.~r. ~ /,~~~!erk Date: /~/~~'0 ~/ Destroyed By Date: Reports: Destroy-Personnel 2004 ICl I.I. Z 0 ~J Z F- · , r~ 0 Itl o 0 n RECORDS DESTRUCTION NOTICE FOR C,YY OF UKIAH Department: Public Works Date: August 17, 2004 Records Coordinator: Marie Ulvila, Deputy City Clerk Current retention schedules show that the records listed are now ready for destruction. Instructions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than Sept. 16, 2004 to City Clerk. Thank you for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS DATES 461 2227 Landfill Recycling Programs 1994-1997 2000 Signatures Authorizing Destruction Department Head Date:/O//'~/~L ..~,C~~lerk Date: [b/ ( ~/ ~ L~ /~~~' y Att° ~7..~ Date: / ~> -/5"-- ~ ~ Destroyed By Date: Reports: Destroy-Public Works 2004 0 0 ITEM NO. DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF EXTENSION OF CONTRACT WITH JEFF MACMILLEN FOR GOLF PROFESSIONAL SERVICES AT UKIAH MUNICIPAL GOLF COURSE The current contract with Jeff McMillen for golf professional and services at Ukiah's municipal golf course is scheduled to expire on October 31, 2004. As Mr. McMillen has held the contract for several years, Council has indicated a desire to review professional service options before considering the pro contract. Pursuant to that direction, Staff has met with the pro and informed him that the City would be considering alternatives. Staff has also initiated contact with several other public agencies that have recently renewed or established new contracts for services. These agencies have provided sample Requests For Proposals (RFP) and agreements. Staff also surveyed other cities to determine the types of compensation and revenue sharing which are included in their various agreements. As the revenue sharing section of the City's current professional services contract has remained relatively unchanged since its original approval, this information will be valuable in constructing a new agreement which more accurately reflects current industry standards for compensation. (Continued on Paqe 2) RECOMMENDED ACTION: Approve extension of Golf Professional Services Contract with Jeff McMillen for a period of six months. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine extension of contract requires further consideration and remand to staff with direction. 2. Determine approval of extension is inappropriate at this time and do not move to approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Larry W. DeKnoblough, Community Services Director//j.~) Candace Horsley, City Manager and Sage Sangiacomo, Community Services Supervisor 1. Current Contract Candace Horsley, City Manager LD/ZIP2 GolfProContractl0.20.04.Asr The information compiled by staff has produced several unanticipated options as to how golf pro services are provided. In order to properly evaluate the details and provide Council with an appropriate recommendation staff is requesting the golf pro's contract be extended for a period of six months. This time will allow staff to formulate a recommendation and return to Council for direction as well as proceed with recruitment if necessary. This will also allow Mr. McMillen time to review his professional options should his contract not be renewed. Staff anticipates returning to the Council with recommendations in December. Attachment ~ _ / GRANT OF LICENSE AND CONCESSIONS AT UKIAH MUNICIPAL GOLF COURSE AND INDEPENDENT CONTRACT FOR GOLF PROFESSIONAL SERVICES THIS AGREEMENT, made in Ukiah, California, this/-."f'day of 5~,'~',8'~--~, 000, by and between the City of Ukiah, a municipal corporation, hereinafter called "City," and Jeff McMillen, a Golf Professional acting as Director of Golf, hereinafter called "Golf Pro." RECITALS: 1. The City owns and operates a Municipal Golf Course, consisting of an eighteen-hole golf course, a clubhouse, storage sheds, and equipment for the care and maintenance of the course. · 2. The City wants the services of Jeff McMiilen, a Golf Professional (Golf Pro) available to the public at the course. 3. In order to secure these services the City is willing to grant the Golf Pro a non-exclusive license to use the City owned Municipal Golf Course facilities to operate and maintain a pro shop and its contents, 'golf cart rental business, provide golf lessons for a fee, and operate an maintain food concessions and. related business. In exchange, the City receives a percentage of the gross revenues from the Golf Pro's businesses operated under the license, the Golf Pro to act in an advisory capacity between the golfing public and the City. The Golf Pro schedules play and collects green and other City imposed fees for use of the Municipal Golf course by the public. 4. Golf Pro is a duly qualified Golf Professional who has the necessary experience and expertise to operate the concessions and manage the facilities subjeqt to this Agreement. TERM: The term of the License and Concessions granted hereunder shall supersede any and all previous agreements for Golf Professional Services between City and Pro and shall commence upon approval by City Council and execution, and terminate at midnight on October 31, 2004. AGREEMENT: Therefore, in reliance upon the facts recited herein and upon the conditions and agreements hereafter stated the parties agree as follows: 1. .Revocable License. City grants Golf Pro a non-exclusive, revocable license to the use of the Municipal Golf Course facilities subject to this Agreement, as more fully described in the attached Exhibit "A", which is incorporated herein by reference, for the purpose of operating various concessions as more fully described in Paragraph 2 of this Agreement. 2. Grant of Concessions. City hereby grants to Golf Pro the exclusive right to operate concessions at said Municipal Golf Course facilities, including golf instruction, the sale of golf supplies, golf clothing and equipment, and other enterprises incidental to and consistent with a Pro Shop, and the sale of foodstuffs, confection and drinks, including beer and wine, but no other alcoholic beverage, provided that the sale of beer and wine shall not be permitted if it in any way prohibits or interferes with the use of any portion of the course and clubhouse by any member of the public, including minors, and golf cart rentals. Such concessions shall be operated by Pro for his own profit and benefit, and in connection with such operation, he shall maintain the Pro Shop and immediate area (as on Exhibit "A") in a neat, clean, and orderly condition. Pro shall also be expected to act as starter and to provide golf cart rentals, both puli and motorized, sufficient to meet the demand for such items. The Golf Pro's right to operate the" concessions as provided herein is expressly conditioned on the following: 2.1 Financial Consideration for License and Concessions a. As partial consideration for the license and concessions granted hereunder, Golf Pro shall pay to City on a quarterly basis 6% of his gross receipts from operating all concessions under this contract, including, but not limited to, income from the sale of food, beverages, and merchandise. "Gross receipts" means all income to said concessions before deduction for any expenses as determined by generally accepted accounting principles, except "Gross Receipts" shall not include cart rental fees. b. The City shall pay on the same quarterly basis to the Golf Pro 6% of the first $150,000 of the daily greens fee revenue only, and 5% of the daily greens fee revenues over $150,000. c. The Golf Pro is granted a license for the term of this agreement to operate any and all carts held by the Pro for rental on the paths of the Golf Course and to store such carts in the runway area of the cart storage building owned by City. This license does not extend to any carts or maintenance vehicles owned by City. In full consideration for the granting of this license, Pro shall pay to City an annual fee of $2,500. This annual fee shall be paid each year during the term of this agreement to the Director of Finance commencing on and no later than june 30, 2001 with final payment on June 30, 2004. d. The Golf Pro agrees to report Gross Cart Rental fees to the City annually. City agrees not to disclose this Gross Cart Rental revenue information to any third party, unless compelled by law. The City further agrees to treat this information as having been received in confidence and will use its best efforts to preserve that confidentiality provided, however, that Pro shall pay any legal expenses, including attorney's fees, incurred by City if legal proceedings are commenced to compel the City to disclose any such information. e. Golf Pro at his own expense will maintain in his own name the necessary ABC License to permit the sale of beer and wine for consumption on premises at the Clubhouse, a resale permit from the State Board of Equalization and any other permits or licenses required by law to engage in the activities authorized by the Agreement. 2.2 Accounting Pro shall submit quarterly to City through its City Manager financial statements satisfactory to City and in compliance with generally accepted accounting principles, showing his gross receipts and expenses from operating the 'concessions granted hereunder for the quarter. Such statements shall be furnished on June 30, September 30, December'31,' and March 31 of each year or on the next business day after those dates, and shall be prepared and signed by a certified public accountant. City further reserves the right to inspect and audit at anytime the books and records of the Golf Pro, which must be maintained at a mutually agreed upon location which is accessible to City during normal business hours. The Golf Pro shall also keep a detailed record of ali rounds played by fee category 'and shall make that record available to the Community Services Director on a monthly basis. , 3. Services as Consideration for License and Concessions As further consideration for the grant of the license and concessions hereunder, Golf Pro shall provide the following services: 3.1 Pro shall supervise the use of the golf'Course including golf cart sheds and golf cart paths and including the opening and closing of the course each day and shall enforce all rules and regulations adopted by City relating to use of said Golf Course or conduct of the players thereon now in effect or which may hereafter be adopted. This-will include observation and enforcement of proper private cart registration renewal and use. Pro shall supervise the speed of play and starting times for all golfers. He shall collect all green fees, cart storage fees, and path use fees in accordance With the schedule of fees from time to time adopted by City. The Golf Pro shall account for and remit the cash receipts to the City every other day April through October and weekly November through March. He shall keep books and accounts and handle cash in the manner required by City. In order to protect City against loss, Pro shall file with City a fidelity bond of an approved surety company in the sum of $5,000. 3.2 Pro shall devote his entire time, skill, labor, and attention to his duties as. herein agreed at said Golf Course during the' term of this agreement, permitting, however, absence at such timesfor tournaments, conferences, vacation, or other sufficient reasons as may be approved by City through the Director of Community Services. Pro shall provide the Director on at least thirty (30) days notice with a schedule of tournaments and personal vacation days. Pro shall keep the Golf Course and the Pro Shop open, either by himself or by qualified persons employed by him, seven (7) days each week, including, ali holidays except Christmas Day, during all playable hours as determined by the City Manager or designated agent. Pro shall employ, supervise, and train at his own expense such number of persons to assist him as may be necessary to provide the services required of him under this agreement, including, at least one full-time assistant professional, at no time shall there be less than one (1) qualified person constantly' in charge of the Pro Shop while the course is open. Golf Pro shall have sole discretion to hire or discharge any employees he requires to fulfill his obligations under this Agreement. Ail employees in contact with the public or responsible for the unsupervised care or protection of City property at any time must meet minimum standards for appropriate dress and demeanor, as established from time to time by the City Manager, and be bondable. 3.;3 Pro agrees to promote and accept credit card payment and pay at his sole expense all fees and charges related to the acceptance of credit card charges for the collection of greens and golf related fees. 3.4 Pro shall contribute to City a matching amount, not to exceed $1,000 annually, for the life of this agreement or any extension thereof, for the .purpose of advertising and promotion of increased play at the Course. . Independent Contractor, Indemnification With respect to Golf Pro's provision of services under this Agreement, the parties intend to create an independent contractor relationship in which Golf Pro is responsible for all taxes as a self-employed persqn who may have employees working for him. They do not intend to assume the relation of employer and employee, and the City assumes no relation whatsoever to Golf Pro's employees. The City.relies upon Golf Pro to pay al. legally required estimated and actual tax liabilities, self-employment taxes, and to comply with all tax withholding and other laws in his employment of others in the performance of this Agreement, including workers' compensation and unemployment insurance laws. Golf Pro agrees to supply the City with documents which indemnify and hold harmless City and its officers, agents, and employees from and against any claims by the Internal Revenue Service, the California Franchise Tax Board, the California Unemployment Insurance Board, the Division of Industrial Relations or the worker's Compensation Appeals Board, the Public Employees Retirement Board and any other similar agency for taxes, fees, contributions, premiums, penalties, interest or any other sums, including costs of defending against any such claims, arising from Golf Pro's performance of this Agreement, including any claims of any nature whatsoever based on said agencies' conclusion that the parties have assumed any relation other than that of principal and independent contractor. 4.1 Indemnification and Insurance 4.1.1 Indemnification. Pro shall indemnify and hold harmless City and its officers, agents, and employees from and against any claim, loss or damage, including the legal and other costs of defending against any claim of damage or loss by third parties, which arises out of the Pro's performance under this Agreement, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of the City or its officers, agents, and employees. 4.1.2 Insurance. Pro shall comply with the insurance requirements set forth in the attached Exhibit "(':" which is incorporated herein by reference as though set forth in full. - ' ' 5. Best Efforts. Pro shall, to the best of his ability, plan, promote, and conduct the game of golf and golf events including clinics, lessons, tournaments, and other promotional activities; be courteous, friendly, cooperative, and responsive to players' needs; maintain a good relationship and cooperative spirit with the players, Golf Clubs, staff, and committees; render professional advise, opinions, assistance, and services as required. Pro shall also participate on ali committees and meetings as related to the golf operation; cooperate and work closely with the Director of Community Services to discuss the quality and playability of the course, and ways to increase efficiency and lower operating costs.; continue to promote involvement and activities at the clubhouse and course including active development of new tournaments; play with customers e~ther at home course or in local pro-ams; actively and enthusiastically promote golf instruction for all groups and levels of players; represent the City in local or national golf events; and provide merchandi.se, lunch concession items and a service level which best serves the public. He Shall aid, encourage, and assist in the development of the Junior Golf Program and shall cooperate with the adult clubs in promoting golfing activities. He shall oversee and administrate contract provisions for all tournaments and have the exclusive right to designate the pin placement during tournament activities. 6. Full Payment. The right of Concessions hereinabove set forth shall constitute full payment for all services rendered by Golf Pro to City. 7. !nventor~ The List of Assets, attached hereto as Exhibit "B" and incorporated herein, identify those items in the Pro Shop and Clubhouse which belong to Pro and City,. respectively. Pro's right of use under this Agreement includes those Cit owned items listed in Exhibit "B". City and Pro will revise Exhibit "B" from time to time as necessary. 8. Termination The City may terminate this agreement based on a material breach by Pro. The City shall notify the Pro of any alleged breach of the agreement and of the action required to cure the breach, if Pro fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. City shall pay Pro only for the services performed and expenses incurred as of the date of notification of termination. In such an event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Pro under this agreement shall become City's property and Pro shall immediately deliver such items to City. Within 15 days of said termination Pro shall remove all items from the premises described in Exhibit "A"which belong to Pro, including those items' included in Exhibit "B". The City shall reimburse Pro for the cost of all items identified in Exhibit "B" less any straight line depreciated value resulting from use. Pro shall be entitled to receive the compensation provided herein, subject to off-set for any direct or consequential damages City may incur as a result of Pro's breach of contract CITY O~L~IAH . Ca-~'~'h'-d~ce Horsley ' '~ LD/AGREEMENTS GOLFPRO.CON ,, GOLF PRO (~¢ McMillen AGENDA SUMMARY ITEM NO. DATE: 6i October 20, 2004 REPORT SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE A CONTRACT TO MARVIN'S GARDEN TREE SERVICE IN THE AMOUNT OF $12,600 TO PERFORM EMERGENCY TREE TRIMMING ALONG GIBSON CREEK ADJACENT TO MANOR OAKS MOBILE HOME PARK Recently several large diameter limbs have fallen from tall oak trees situated along Gibson Creek. Occupants and the property manager of Manor Oaks Mobile Home Park have contacted Public Works Department to express their concern over the need to trim these trees. In some cases tree limbs hang over and even touch the mobile homes. Other potential "widow makers" can be observed from the ground. An attempt was made to solicit recommendations and pricing from local tree service companies for this work to be performed on an emergency basis. Three local firms were contacted: Marvin's Garden Tree Service (Willits), Johnson's Quality Tree Care (Ukiah), and Timberlake Tree Service (Ukiah). Two companies responded to the City's request. It was recommended that 21 oak trees be trimmed. Johnson's Quality Tree Care offered a price of $28,200 and Marvin's Garden Tree Service quoted $ 12,600 as shown on Attachment 1. Both tree service representatives were shown the job by the same City representative and both would perform the work on a prevailing wage basis. A total of $35,000 is included in 100.3110.250.000 for Street Striping ($30,000) and Tree Trimming ($5,000) as shown on Attachment 2. It is currently estimated that street striping work will underrun the budgeted amount by approximately $10,000, therefore this work can be accomplished without exceeding the budget line item amount. Staff recommends that Council approve issuance of a contract for this work to Marvin's Garden Tree Service in the amount of $12,600, due to the potential for further breakage and impending winter weather. RECOMMENDED ACTION: Authorize City Manager to execute a contract to Marvin's Garden Tree Service in the amount of $12,600 to perform emergency tree trimming along Gibson Creek adjacent to Manor Oaks Mobile Home Park ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to approve the recommended action and provide direction to staff. Citizen Advised: N/A Requested by: Jerry Whitaker, Public Works Supervisor Prepared by: Diana Steele, Director of Public Works / City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Photos of recent damage 2. Quotation from Marvin's Garden 3. Fiscal Year 2004/2005 Budget Candace Horsley, ~:~y Manager ATTACHMENT 1 . One of several limbs which fell into the Gibson Creek channel. "Widow makers" or dead snags remain on many of the trees. Attachment TREE SERVICE · Serving Lake & Mendocino Counties P.O. Box 1725, Willits, CA 95490 (707) 459-1940 FAX# (707) 459-1763 1-800- 464-1902 '---' fi~',~,~ate Lic.# 625687 D49 ,, Mailing Address City St. ~ Zip Job Location This bid is for the amount of $ TO BE PAID WHEN JOB i$ COMPLETEO Fully Insured PL & PD For your Protection ii -- · il , i _ Hazardous Tree.: ........................................... r-j Trim Tree'. ...................................................... r2 Remove Tree ................................................. F..I Chipping ........................................................ Stump Removal .............................................. Other ............................................................. Lot Clearing .................................................... Power Line Clearance ................................... Wood Cut Into 16 .......................................... Wood Cut Into Random Lengths ................... i _ i . Tree Type Date NOTICE: Ali tree service must have "D" Type I.,ic. to be covered by workers comp. Carl (877) 405-4545 to see that my lic. and others are in full (ol~;e. Need Bucket With Cleanup i~j Without U Haul Chips Q Leave Chips Haul Wood Extra $ -- -- Wood will be cut into 16" and left for prope _r~. owner, Wood will not be moved by crew members, unless otherwise specified, There will be an extra charge to move or stack wood Initial Here: X Customer Approval: Please Return White Copy Phone __ Date Contractor's Licanse Law Urdicensed person~ may advertise work only if the/r ad states t/lat they are not licensed contractors and jobs are/imited fo those whose tote/cost/$/ess than $300. O0 O, Attachment ITEM NO.: 8-A DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF WOODBURY MAJOR SUBDIVISION MAP APPLICATION NO. 03-57 SUMMARY: Approval of the proposed Major Subdivision Map (#03-57) will allow the 2.99-acre subject property to be divided into 38 individually-owned townhouse lots and a 1.9-acre lot that will contain common-use areas, including the existing access driveways, storage lockers, and common recreation facilities. This parcel, which is occupied by the Main Street Garden Apartments, was recently rezoned to the R2-PD (Medium Density Residential-Planned Development) Zoning District to allow flexible parcel sizes and configurations. This subdivision map is the final step in establishing individual lots for the proposed condominium units. Background: In May 1986, the Ukiah Planning Commission approved Major Site Development Permit No. 86-47 to allow the construction of a medium-density residential complex with 38 apartment units constructed in groupings of two to four units around a horseshoe shaped access driveway. The complex also includes an outdoor pool and spa, a basketball court, overflow parking stalls, two mini-storage buildings, and landscaping in planter areas of varying size. In December of last year, Mr. Stephen Woodbury, the owner of this property, submitted Rezone Application No. 03-56 to add the PD Combining designation to the existing R-2 zoning, with the intent of establishing each existing apartment as an individually-owned townhouse unit. In this case, the proposed townhouses would be on narrow lots with 1,391 to 1,527 square feet of area, and would conflict with R-2 development standards for minimum lot size, lot width, and yard areas. Therefore, the rezone to the PD Combining Zone designation was submitted to establish the more flexible development standards required for the proposed condominium units. (continued on Page 2) RECOMMENDED ACTION: 1. Conduct a public hearing regarding Major Subdivision Map Application #03-57 and approve the tentative subdivision map. ALTERNATIVE COUNCIL POLICY OPTION: 1. Do not approve the tentative subdivision map and provide direction to staff. Citizen Advised: Legal notice published in the Ukiah Daily Journal Requested by: Stephen Woodbury, property owner Prepared by: Dave Lohse, Associate Planner Coordinated with: Candace Horsley, City Manager and Charley Stump, Planning Director Attachments: 1. Tentative Subdivision Map exhibit 2. Staff Report to the Planning Commission for Major Subdivision Map No. 03-57 3. Negative Declaration for Rezone 03-56 & Major Subdivision Map No. 03-57 4. Memorandum from Diana Steele, Director of Public Works/City Engineer APPROVED: Candace Horsley~ ~ity Manager Major Subdivision Map No. 03-:5k7: Woodbury The Ukiah Planning Commission conducted a public hearing regarding Rezone No. 03-56 on June 23, 2004, and after discussion, voted 4-0 to recommend that the Ukiah City Council approve both the Negative Declaration prepared for the project and the zone change to the requested R2-PD zoning designation. At this same hearing, the Commission also voted 4-0 to recommend that the City Council approve Major Subdivision Map No. 03-57, which will establish the proposed condominium lots. Both actions were based on the Findings included in the Staff Report prepared for the Commission hearing (see Attachment 2). The Ukiah City Council heard Rezone #03-56 on September 1st of this year and voted 5-0 to approve the Negative Declaration prepared for rezone and subdivision map projects and to introduce the ordinance required to change the zoning designation for the property from R-2 to R2-PD. On September 15th, the Council subsequently voted 5-0 to adopt the ordinance and rezone the property, as proposed. Now that the rezone has been approved, the Council can act on the Tentative Subdivision Map (MS #03-57) that was submitted to divide the subject property into the individually-owned townhouse lots requested by the applicants. The City Engineer has reviewed this map for consistency with the provisions of the California Subdivision Map Act and the Ukiah Subdivision Ordinance and determined that it is consistent with both. Staff has also determined that the tentative map is consistent with the development standards outlined in the Precise Development Plan approved as part of Rezone No. 03-56. Therefore, the City Engineer and Planning Department staffs recommend that the tentative subdivision map be approved. CONCLUSIONS: The proposed division of the site will establish uniquely-sized lots designed to provide a specific housing niche that will cause few changes to the existing development on the site or in the surrounding neighborhood. In addition, the lots established by the approval of the tentative subdivision map are consistent with the Ukiah General Plan goals and policies for medium density housing, the applicable use and development standards of the R-2 Zoning District, and the Precise Development Plan approved by the City Council as part of the previously approved Rezone to the PD Combining District. Major Subdivision Map No. 03-57: Woodbury LANDS OF ~ ~ R. ll.lOMAS & CO. NOI C-I (vACANT) £xSISI)NG DRAINAGE. 5~ 8,75' L,=~4.51'i N 0~'¢8'10 City of Ukiah STAFF REPORT TO THE PLANNING COMMISSION WOODBURY MAJOR SUBDIVISION MAP No. 03-57 ITEM NO. 8-A Meetin.q Date' Au_qust 11,200~. PROJECT SUMMARY: The project consists of a Major Subdivision (No. 03-57) to allow the division of a 2.99-acre lot into 39 parcels, including 38 townhouse units and the common-use area shown on the Tentative Parcel Map as PARCEL "A", which contains the pool area, basketball court, and on-site storage units. The discretionary actions associated with this project are quasi-judicial in nature; therefore each decision-maker must physically and personally visit the site prior to participating in the vote to approve, disapprove, or modify the project. PROJECT LOCATION' The project site is located at 54'1-571 South Main Street (Assessor Parcel No. 003-302-55), on the east side of South Main Street, opposite its intersection with Mill Street. This lot is developed with the Main Street Garden Apartment complex, which is accessed via two driveway entrances off Main Street. ENVIRONMENTAL DETERMINATION: The Environmental Coordinator determined that the proposed Rezone and Major Subdivision projects are not exempt from the provisions of the California Environmental Quality Act (CEQA) and an Initial Study was prepared for both projects. This study determined the proposed zone change and division of the subject property would cause no potential significant adverse environmental impacts and a Negative Declaration for the projects was prepared. GENERAL PLAN DESIGNATION: MDR (Medium Density Residential) ZONING DISTRICT' R-2 (Medium Density Residential) PROJECT DESCRIPTION Background: In May of 1986, the Ukiah Planning Department approved Major Site Development Permit # 86-47 to allow the construction of an apartment complex on the 2.99-acre project site. This complex consists of 38 apartment units constructed in groupings of two to four units around a horseshoe shaped access driveway that is 20 feet wide with sidewalks along both sides. The complex also includes an outdoor pool and spa, an outdoor basketball court, overflow parking stalls, and two storage buildings containing 42 mini-storage units reserved for use by residents. There are also small lawns and other landscaping planted along the Main Street frontage and in smaller planters abutting the apartment buildings. Planning Commission Staff Report for Major Subdivision Map No. 03-57 Att~ e ~ On June 23rd of this year, the Planning Commission voted 4-0 to recommend that the City Council approve an application for a Rezone (No. 03-54) that will change the zoning designation for the property from R-2 (Medium Density Residential) to R-2 PD (Medium Density Residential-Planned Development Combining Zone). However, in this case, the 38 townhouse lots proposed in the subdivision portion of this project will not comply with R-2/Type I Subdivision standards for lot size, width, street frontage, and the required yard areas and setbacks, so the applicants have filed for re- designation to the PD Combining zone to allow more flexible development standards that will allow the establishment of the individual apartment units as separate, legal parcels. The Commission also voted 4-0 to recommend that the City Council adopt the Negative Declaration/Initial Study done for the Rezone project and the subdivision map proposed in this project. This action was based on staff's determination that the proposed rezone/subdivision would cause no significant, adverse effects, as outlined in the Initial Study and the findings presented in the Negative Declaration. Proposed Conditions: The approval of the proposed Major Subdivision map will allow the existing 2.99-acre lot to be divided into 39 parcels, including a 1.70- acre common-use area shown as Parcel "A" and 38 proposed townhouse lots. The townhouse lots will measure between 1,391 to 1,527 square feet, with lot widths that are well short of the 60-foot lot width and street frontage required in this district and the majority of the lots do not fully comply with the R-2 standards for yard areas and setbacks since the majority of the existing apartments are connected to other apartments in a zero lot line configuration. The location and dimensions of the individual lots proposed in the project are shown on the attached Tentative Map and Development Plan exhibits. STAFF ANALYSIS Consistency with the California Subdivision Map Act: Planning Department and City Engineering Department staff have determined that proposed Major Subdivision is consistent with the standards of the California Subdivision Map Act, including specific requirements for the filing and processing of maps that will allow existing rental stock to be converted to condominium or townhouse units. Ukiah General Plan Consistency: The subject property is designated in the Ukiah General Plan Land Use Element for Medium Density Residential land uses. Staff reviewed project plans and determined the proposed townhouse subdivision would not cause any increase in density or any physical expansion of the existing apartment complex, which was developed in a manner that is entirely consistent with the Land Use Element siting and development criteria for medium density housing projects. Therefore, it is staff's opinion the proposed townhouse development is consistent with the land use criteria of the General Plan. Staff also determined the proposed townhouse complex will be consistent with Housing Element criteria that encourage the use of Planned Development zoning for projects where zoning constraints limit the flexibility to design non-traditional housing and a mix of housing types. In this case, the rezone to PD zoning is absolutely essential since the all of the existing apartment units are connected to at least one other apartment unit and the proposed townhouse lots could not conform to the minimum lot size, parcel width, street frontage, and setback criteria for any of the zoning districts where multiple-family residential uses are allowed or permitted. Consistency with Applicable Ukiah Municipal Code Requirements: The conversion of the existing apartment units to townhouses will require compliance with a number of specific Code requirements, including applicable R-2 Zoning District standards, PD Combining Zone standards, and specific standards for condominium developments. The proposed subdivision's consistency with each of these Code sections is discussed below. Planning Commission Staff Report for Major Subdivision Map No. 03-57 Consistency with Ukiah Subdivision Ordinance: The 2.99-acre project site is currently defined as a Type I subdivision by the Ukiah Subdivision Ordinance and Planning Department staff has determined that the proposed subdivision is consistent with the majority requirements for this type of residential subdivision. These include standards for the development of street improvements, the provision of water supplies, fire protection, sewer hook-ups, storm drainage, utility easements, and street lighting facilities. As noted earlier, the proposed subdivision will occur on lands that are already developed with an apartment complex and there will be no new substantial development that will require any substantial alterations or expansions to existing street frontages, access lanes, or other public utility facilities. The townhouse lots proposed in this project are not consistent with Type I requirements for minimum lot areas, public street frontages, and setbacks, but deviation from these standards may be permitted through the adoption of the PD Combining Zone requested in the Rezone portion of this project. Therefore, the proposed subdivision will be consistent with applicable Subdivision Ordinance requirements so long as the City Council approves the proposed Rezone portion of this project. R-2 Zoninq District Consistency: The existing apartment complex was developed in full accordance with the R-2 Zoning District use and development standards in effect at the time, as shown during the approval of Major Site Development Permit (fl87-46). However, the proposed townhouse lots will be between 1,391 to 1,527 square feet in "lot" area, with an average width of 28 feet, and the front and rear yard areas will be between 10 and 15 feet wide. These dimensions are clearly inconsistent with the R-2 standards for lot size, width, and yard areas, but the property could be subdivided with these areas so long as the more flexible standards allowed by the proposed rezone to the PD Combining Zone is approved by the City Council. The proposed townhouses will be consistent with all other R-2 standards, including those for building height limits, special yards between building groups, and the requirement for two parking stalls per unit. Staff notes that the existing site landscaping is not entirely consistent with recommended guidelines for plant types and layout for landscaping in multiple-family residential development projects, but this landscaping was installed approximately 15 years ago when landscaping standards were not as refined. It is, however, consistent with the R-2 requirements for percentages of land that must be covered with landscape materials and live plantings and it is staff's opinion that the existing landscaping areas and plant types are consistent with the intent of the landscaping guidelines. The 1.9-acre common-use area shown as proposed "PARCEL A" will contain the complex's recreational facilities, including the existing swimming pool, barbeque-yard area, playground, and basketball court, as well as both access driveways for the site and the covered storage areas on the eastern perimeter of the property. This portion of the proposed subdivision is entirely consistent with the development standards for the R-2 Zoning District. PD Combininq District Consistency: The UMC spells out very specific requirements for the application of the PD Combining District to any zoning district. In this case, the application to apply it to the R-2 zoning in effect on the subject property has been done in complete compliance to the procedures and process outlined in the Code, including the submittal of the materials required for the application. In fact, the applicants chose to forgo the option to submit a Concept Development Plan and prepared the more complex Precise Development Plan required by the UMC. Planning staff determined that the proposed subdivision and townhouse conversion will be consistent with the intent of the PD Combining Zone and the specific development requirements for precise development plans. In fact, the Planning Commission concurred with this determination and voted to recommend that the City Council approve the proposed Rezone portion of this project based, in part, on this finding. Planning Commission Staff Report for Major Subdivision Map No. 03-57 Consistency with Ukiah Municipal Airport Master Plan: The project site is located in Airport Compatibility Zone B2, in which new multiple-family units are considered "not normally acceptable". In this case, however, no new units would be developed as part of the rezone project and human densities on the site would not increase. Therefore, this project is considered consistent with the airport criteria. Environmental Analysis: The proposed project is not exempt from the provisions of the California Environmental Quality Act, and an Initial Study was prepared to analyze potential impacts to the area environment. In this study, staff determined that the development of the site will create n._9o potentially significant adverse impacts and no mitigation measures are required. CONCLUSIONS: The conversion of the existing apartment complex to townhouse units will cause a slight decline in the rental units available in Ukiah. but staff has reviewed recent counts of multiple-family units in City limits and concluded that this decrease is not a substantial adverse effect on the overall housing market. In fact, it is staff's opinion that the proposed townhouses will fill a housing ownership gap and will allow persons who can not or choose not to buy a single family home, or by persons wishing to move from an existing single family home to a lower maintenance townhouse. This is particularly true since the last 'time townhouse units were constructed or converted in City limits occurred approximately 15 years ago. Staff also concludes that the proposed townhouse units will be highly consistent with the California Subdivision Map Act, the Ukiah General Plan, including the Land Use Element criteria for siting and developing medium density residential housing, and with applicable development standards for the R-2 Zoning District. The proposed subdivision is also consistent with the PD Combining Zone requirements for the development of well-planned and efficient medium density housing. In fact, the conversion of this project to individually-owned townhouses will represent little, if any, changes to the subject property or the neighborhood in which it is located. FINDINGS: The Planning Department's recommendation for approval of Major Subdivision Map No. 03-57 is based, in part, on the following findings: 1. The division of the existing property into 39 parcels is consistent with the requirements outlined for major subdivisions in the California Subdivision Map Act; . The division of the existing property into 39 parcels is consistent with the Ukiah General Plan since the townhouse complex will be consistent with Land Use Element criteria for medium density residential and Housing Element implementation measures that encourage the use of PD zoning for flexible housing situations; 3. The division of the existing property into 39 parcels is consistent with the applicable Type I subdivision standards of the Ukiah Subdivision Ordinance; . The division of the existing property into 39 parcels is consistent with the applicable use and development standards of the R-2 (Medium Density Residential) Zoning District and with the purpose and intent of the PD Combining Zone criteria, which will allow greater flexibility in determining lot areas, lot dimensions, and requirements for public street frontage and other public utility facilities; 5. The division of the existing property into 39 parcels is consistent with the compatibility criteria of the Ukiah Municipal Airport; 6. The division of the existing property into 39 parcels will cause no significant adverse environmental effects, as determined in the Negative Declaration and Initial Study prepared for the project; and Planning Commission Staff Report for Major Subdivision Map No. 03-57 . The proposed townhouse lots are compatible with surrounding land uses and will not be detrimental to the public's health, safety, and generai welfare since the project entails the conversion of an existing apartment complex that has been on the property for approximately 15 years without substantial disturbances to the neighborhood and there would be no increase in the density or physical infrastructure of the complex. PLANNING DEPARTMENT RECOMMENDATION: Based on the Findings above, the Planning Department recommends that the Planning Commission recommend to the City Council that it approve the Tentative Subdivision Map (#03-57) to divide the subject property, subject to the following Conditions of Approval: A Final Subdivision Map shall be prepared, submitted to the City Engineer for review and approval, and recorded in a manner consistent with the requirements of the Ukiah Municipal Code. All use, construction, or occupancy shall conform to the application approved by the City Council, and to any supporting documents submitted therewith, including maps, sketches, renderings, building elevations, landscape plans, and alike. . Any construction shall comply with the "Standard Specifications" for such type of construction now existing or which may hereafter be promulgated by the Engineering Department of the City of Ukiah; except where higher standards are imposed by law, rule, or regulation or by action of the Zoning Administrator. , In addition to any particular condition imposed, any construction shall comply with all building, fire, electric, plumbing, occupancy, and structural laws, regulations and ordinances in effect at the time the Building Permit is approved and issued. 5. Applicant shall be required to obtain any permit or approval, which is required by law, regulation, or ordinance, be it required by Local, State, or Federal agency. ATTACHMENTS: 1. Location Map 2. Tentative Subdivision Map Exhibit 3. Negative Declaration for Rezone No. 03-56/Major Subdivision Map No. 03-57 4. Staff Report for Rezone No. 03-56 with: a. Development Plan Exhibit b. Site Information Sheet (EXHIBIT "A") prepared by Applicant c. Development Plan and Tentative Map Exhibit d. Photographic Exhibits showing Typical Residential Units, Access Driveways, and Recreation Area Planning Commission Staff Report for Major Subdivision Map No. 03-57 MS U B O3-56 - ~ _~,,,,.,~,~ ~' ~ O0.2~126 ~ ..~ .~ ' -. ~f-~ '.~.'~ ~MAYFiELD JOHN I~I-JR'& SANDRA~''t' _~ ~~ ' ~, :i '~ .... ~;_.- . , .%~~ m'¢E- ER,q PACIFIC RAILROAD ~ ~ ...... .~ _~ :~ ~vb~L~._:,-~.~~ ' 309 t ', '. ~ L~, 3.~ ~ ~. :~ 00223124 , '~ -- ~ '; : '' "r' ';~: HOS~N~ ROY H JR & GAtL L T~TEE I ,,~ I ' _ - .... .---~- . ~....t. ..... ~:' u~' ~'-'b~UNDEFSR~YMONDE&SHIRLEYC " .t . '"~._, : }'? ~YMOND E & SHIRL~ YC ' "'* ' .... ~::¢ ' '" ~ ]~i:ON LORRAI~'E C '- '~"~00~ .... ~ ,~ ~X ~ ~ ~.. 0)230243 UO23121E * ~'~~~ ~ 659 376 " f --~ ~- MOCO~EN JOHN .... , ~04 ~ ~ '~ ~~ '~ .~t .-. CH EL L & ~AR~--~, .. ~ -~~~u 00304030 Feet 0 165 330 660 990 1,320 · , .oOO~'~ ~ .OLe~.90 N ~ .l.g ~e=~ .......... ... < CITY OF UKIAH NEGATIVE DECLARATION DATE: May 5, 2094 APPLICANTS' Mr Steven Woodbur)~ PROJECT NO.' Rezone No. 03-56 & Major Subdivision No. 03-57 LOCATION' The project s~te consists of an existing apartment complex located at 541-571 South Main Street (Assessor Parcel No. 002-302-55), east of the intersection between South Main and Mill Streets. ENVIRONMENTAL SETTING: In May of 1986, the Ukiah Planning Department approved Site Development Permit # 86-47 to allow the construction of an apartment complex on the 2.99-acre project site. This complex consists of 38 apadment un~ts constructed in group~ngs of two to four units around a horseshoe shaped access driveway that is 20 feet wide with sidewalks along both sides. The complex also includes an outdoor pool and spa, an outdoor basketball court, overflow parking stalls, and two storage buildings containing 42 mini-storage un,ts reserved for use by residents. There are also small lawns and other landscaping planted along the Main Street frontage and in smaller planters abutting the apartment buildings. PROJECT DESCRIPTION: Rezone #03-56 would allow the zoning for the 2.99-acre proper'tv to be changed from R-2 (Medium Density Residential) Zoning District to the R-2/PD (Low Density Residential-Planned Development Combining) Zoning District. The PD zoning is required for this project since the applicants intend to convert the 38 existing apadment units into individually-owned townhouse parcels with areas of 1,391 to 1,,527 square feet that are substantially smaller than the required minimum lot size of 6,000 square feet and lot widths that are roughly half of the required 60- foot width. Each of the townhouse sites would contain a single dwelling unit, a small lawn and a patio area, with proposed PARCEL "A" retained for common use by the townhouse residents. This 1.9 acre area contains the pool and spa, outdoor [)lay areas, overflow parking stalls, the storage units described above, and the majority of ~.he larger lawn and landscape planter areas. Major Subdivision #03-57 would permit the division of the site into the individual tots shown on the Tentative Map exhibit attached to the Initial Study, including 38 individual condominium units and the common-use area designated as PARCEL "A". ENVIRONMENTAL ANALYSIS: City of Ukiah staff conducted a careful and comprehensive review of the project that included the preparation of an Envi~onr'nental Checklist in which no potential significant adverse impacts were identified. Based on this analys~s, staff has determined that the project will not require the adoption of any mitigation measures or a mitigation monitoring program, and that a Negative Declaration for the proJect is appropriate Specific Findings in support of this determination are listed below. FINDINGS SUPPORTING A NEGATIVE DECLARATION' 1. Based upon the analysis, findings and conclus,ons contained in the Initial Study, the project does not have the potential to degrade the quality of the local or regional environment; 2. Based upon the analysis, findings and conclusions contained in the Initial Study, the project wilt not result in short-term impacts that will create a disadvantage to long-term environmental goals Negative Declaration for Rezone No. 03-56/Major Subdivision No. 03-57' Woodbury Attachment # ~ Based upon the analys~s, findin,_3s and conclusions contained ~n the Init~at Study, the project will not resultin~rnpactsthatare~nd~vidua!ty!mited but cumulat~vely considerable; and . Based upon ti~e analysis, findings and conclL~sions contained in the Initial Study, the project will not result in environmental ~mpacts that will cause substantial adverse effects on human beings, e~ther directly or indirectly. STATEMENT OF DECLARATION: After appraisal of the possible impacts of this project, the City of Ukiah has determined that the project will not have a significant effect on the environment, and further, that this Negative Declaration constitutes compliance with the requirements for environmental review and analysis required by the California Environmental Quality Act. This document may be reviewed at the C,ty of Llkiah Planning Department, Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. Charley Stump, Planning Director/Environmental Ooordinator Date Negative Declaration for Rezone No. 03-56/Ma;or Subdivision No. 03-57: Woodbury MSUB O3-56 ~-~, ",-~ ~M_A..YF~ELD J~gHN f~Rt& SANE~'R~-~ ~ " ~ ~ - · ~' .- ' 09 ~ ' 2~o ~'D-t~'CL S: F '~ D E & SHIRLEY C '- ~ 660 )228115 ',: H CITY C.F ~: ',- ? D L N ~ .......... ~ ~ .................... .............. ' ~ 00231214~ ~YMON~O E & SHIRLCjY C 660~ ~ PEA~}O~ LO~AI/~E C ~ :~oo L& A~ 210 00304030 INVESTMENT COMP, IY NC 735 N 0 165 330 660 99O Feet 1,320 Initial Stud,' of Potential Environmental lm'~acts for --:~-=~'1 Rezone No. 03-..0 & Major Subdivision No. 03.07" Woodbury INITIAL STUDY CHECKLIST II I II I i! I~111 I. AESTHETICS - Would the project' a) Have a substantial adverse effect on a designated scenic vista? b) Substantially damage natural resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? c) Conflict with the architecture of the surrounding built environment? d) Create a new source of substantial light or glare with would adversely affect day or nighttime views in the area? II. AGRICULTURAL RESOURCES: Would the Project: tn determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1977) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Witliamson Act contract? III AIR QUALITY Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact Impact ~ Initial Study for Rezone 03-56 / Major Subdivision No 03-57:Woodbury b) Violate any air quality standard or contribute substantially to an existing or projected air quality v olation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed qualitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interf'ere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? Potentially Significant Impact ,ti~,lly tree No Impact Significant Unless Mitigation Incorporated Less Than Significant Impact 4 e) Conflict with any local policies or ordinances protecting biological resources, such as preservation policy or ordinance? Initial Study for Rezone 03-56/Major Subdivision No. 03-57' Woodbury f) Conflict with the provisions of an adopted habitat Consen,,ation Plan, natural Community Conservation Plan, or the approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuar~t to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving' i.) Rupture of a known earthquake fault, as' delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map issued by the State Geologist for the area, or based on the other substantial evidence of a known fault? Refer to~ Division of Mines and Geology Special Publication~ 42. ii.) Strong seismic ground shaking? iii.) Seismic-related ground failure, including 'liquefaction? iv.) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potential result in on-site or off site landslide, lateral spreading, subsidence, liquefaction, or collapse? Po iatly Significant Potentially Unless Significant Mitigation Impact Incorporated Less Than Significant Impact No Impact Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems. Where sewers are not available for the disposal of wastewater? HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the likely release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school'? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area. f') For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the projected area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Potentially Significant Impact Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact Initial Study for Rezone 03-56 / Major Subdivision No 03-57' Woodbury h) Expose people or structures to the risk of loss, inju,,}, or death involving wiidland fires, including where wiidlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIii. HYDROLOGY AND QUALITY- Would the project: WATER a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table lever (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-site or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-site or off- site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? g) Place housing within a lO0-year floodg.,ain as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Potentially Significant Impact P Significant Unless Mitigation Incorporated '~tially Less Than Significant Impact No Impact Initial Study for Rezone 03-56 / Major Subdivision No. 03-57' Woodbury , h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of -- loss, injury or death involving flooding, including flooding as a result of the failure of a levee or a i dam? j) Inundation by seiche, tsunami, or mudflow? IX. LAND USE AND PLANNING- Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to general plans, specific plans, local coastal programs, or zoning! ordinances) adopted for the purpose of avoiding or I mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES- Would the project: a) Result in the loss of availability of a know mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive grodndborne vibration groundborne noise levels? c) A substantial permanent increase in ambient l noise levels in the project vicinity above levels existing without the project? Potentially Significant Impact ntially i Significant i Unless ! Mitigation I I~ncorporated --_ Less Than Significant Impact NO Impact Initial Study for Rezone 03-56 / Ma or Subdivision No 03-57' Woodbury d) A substantial temporary or peric)dic increase in ambient no~se levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within 2 miles of a public airport or public use airport, would the project expose people residing or working the project area to excessive noise levels'? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING- Would the project? a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastucture)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services.'? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Potentially Significant Impact ntially : Significant Unless Mitigation Incorporated Less Than Significant _lm~pact Impact i Initial Study for Rezone 03-56 / Major Subdivision No. 03-,57' Woodbury $-Io )CV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SYSTEMS- Would the project: SERVICE a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new waste or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. Potentially Significant Impact P ntially Sif~nificant Unless Mitigation _Incorporated Less Than Significant Impact ' No Impact 10 Initial Study for Rezone 03-56 / Major Subdivision No. 03-57: Woodbury 5-11 F ,'~lially ~ Significant ~ Potentially Unless i Less Than Significant Mitigation I Significant Impact Incorporated Impact d) Have sufficient water suppties available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ;f) Be served by a landfill with sufficient permitted !capacity to accommodate the project's solid waste i disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? No impact ]] Initial Study for Rezone 03-$6 / Major Subdivision No. 03-57' VVoodbury Initial Study of Potential Environmental Impacts for Rezone No. 03-56 & Major Subdivision No. 03-57' Woodbury DISCUSSION & ANALYSIS Planning staff first prepared the Environmental Checklist included in this analysis, in accordance with local and state requirements for environmental review. In doing so, staff concluded that the approval of the Rezone and Major Subdivision required to convert the existing apartment complex to individually owned townhouses would cause no potential adverse environmental impacts related to Aesthetics; Agricultural Resources' Air Quality' Biological Resources: Cultural Resources: Geology and Soils; Hazards and Hazardous Materials' Hydrology; Noise; Transportation and Traffic; Population or Housing; Public Services; and Utilities and Service Systems. This determination is based on the fact that the d~v~sion of the existing apartment complex into individual townhouses wilt require any grading, construction, or other development activities that would alter the site in any substantial manner Furthermore, there will be increase in the density of housing units, so no increases in traffic levels, public utilities or services, and other off-site impacts would be caused by the townhouse subdivision. Therefore, no mitigation measures would be required for ir'npacts in these categories. Planning staff was concerned that the proposed conversion of the apartment units to townhouses could cause conflicts with adopted land use plans and policies. However, after an extensive review of applicable of General Plan and zoning requirements, it is staff's opinion that such conflicts would be less than significant and would not require any mitigation to reduce the effects. The reasons for this opinion are included in the Discussion section below. F~nally, staff has determined that no Mitigation Monitoring Program is required for this project since the conversion of the existing apartments to townhouses would not cause any significant adverse impacts that require mitigation. DISCUSSION OF POTENTIAL ENVIRONMENTAL IMPACTS SECTION IX: LAND USE PLANNING A. Settinq: The City of Ukiah ~s a compact urban environment, and functions as the County seat for Mendocino County. Commercial, residential, and industrial land uses are planned for specific areas, as set forth in the 1995 Ukiah General Plan, and individual parcels are also subject to zoning standards that outline the allowed and permitted land uses. The subject property is located in the R-2 (Medium Density Residential) Zoning District, which requires the approval of a discretionary permit and compliance with a number of development standards, including m~nimum lot size, building height limits, and yard areas. In 1986, the Ukiah Planning Commission approved a Site Development Permit (#86-47) to allow the construction of the existing apartment complex, which consists of 38 apartment units located in 8 two-story buildings constructed around a horseshoe-shaped access driveway and 1.99 acres of site area reserved for common uses, including a pool and spa, an outdoor play area, lawns, and detached storage units. Planning staff reviewed the plans submitted for theorig~nal project and determined that the apartment complex was constructed in full conformance with the site and building designs approved by the Commission and has been maintained in full compliance with required Conditions of Approval. Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 B. Si_qnificance Criteria: Significant land use ,mpacts wc.~,;d occur if ti-,.~ project substant~s!',y confl;cted with established uses, disrupted or divided an established comrnun~ty, or resulted ~r~ a substantial alteration tc present or planned land uses. Propose(] project consistency with tile Ukiah General Plan and zoning and any other' applicable environmental plans and policies are also evaiuated in making a determination about potential land use impacts. Co Impacts: The proposed conversion of the apartment complex to townhouses would not cause potential adverse environmental impacts related to the issues discussed in the Section IX (Land Use Planning) of the Checklist. This opinion is based on the fact that the proposed townhouse use is consistent with Ukiah General Plan goals, policies, and implementation programs designed to ensure that there are a broad range of housing types and costs available in the City and that home ownership is both obtainable and sustainable. In fact,/n?ptementahonMeasureHS-6.1(b) ofthe Housing Element requires City staff to provide technical assistance and guidance to tenants in apartments and other multiple-family residential situations who desire to purchase their facilities The project will cause a decrease in rental stock, but this is not expected to have a substantial effect on overall housing stocks since the conversion to townhouses would provide opportunities for first-time buyers toacqu~re moderately-affordable housing. It will also allowex~st~ng single- family homeowners to move to a smaller, maintenance-free residential unit, allowing these residences to be sold or rented by other persons. Ukiah Municipal Code development standards for the R-2 Zoning District require individual lot sizes to be at Feast 6,000 square feet ~n area and 60 feet wide, and the lots proposed in this project are substandard in both area and width. However, the rezone of the property to the Planned Development Combining District would allow the smaller parcel sizes and widths proposed in this project if the City Council finds that they are consistent with the General Plan and the purpose of the Planned Developrnent Combining District. In this case, the proposed townhouse subdivision has been designed in a manner that is consistent with both General Plan and zoning requirements and would not, therefore, conflict substantially with either. In particular, the proposed subdivision vv~!l not physically divide an established community or cause any conflicts with any applicable land use plan or policy adopted for the purpose of avoiding or mitigating an environmental effect. D. Mitigation Measures to Off-Set Land Use Planninq Impacts: None recommended. 22. MANDATORY FINDINGS OF SIGNIFICANCE: A. Potential to Degrade: Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal species, or eliminate important examples of the major periods of California history or prehistory? YES NO X Bo Short Term: Does the project have the potential to achieve shod-term, to the disadvantage of long-term, environmental goals? (A short-term impact on the environments one which occurs in a relatively, brief, definitive period of time. Long-term impacts will endure well into the future). YES NO X Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 L3 C. Cumulative: Does the project have impacts that are individually lim:,ted, but cur'nula~ive!y considerab!e~ (A project may ~,mpactontw. oormore separate resources where the impact on each resource is re!atively small, but where the effect on the total of those i~.,'-npacts on tine environment is s~gnificant). YES NO X D. Substantially Adverse: Does the project have environmental effects that ,,,viii cause substantial adverse effects on human beings, either directly or indirectly"'? YES NO X 23. DETERMINATION: On the basis of this Initial Study: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant adverse ~mpact on the environment, there wilt not be a significant effect in this case because the mitigation measures described within the Initial Study will be incorporated ~nto the design of the project or required by the City ofUkiah A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant adverse impact on the environment, and an ENVIRONMENTAL IMPACT REPORT shall be required. Signature Plannin.q Director/Environmental Coordinator Charles Stump Print Name Title Date Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 RESOURCES USED TO PREPARE THIS INITIAL STUDY City of Ukiah Qenerai Plan !995 . General Plan Revision and Growth Management Plan Technical Report: Natural Habitat Section, btichael W. Skenfield, October, 1991 Soil Survey of Mendocino County, Eastern Part, and Trinity County, Southwestern Part. California U.S. Department of Agriculture - Soil Conservation Service, January, 1991. U.S.G.S. Topographical Map, Ukiah Quadrangle, 1958 (photo inspected 1975). Ukiah Municipal Airport Master Plan Report, Shutt Moen Associates, July, 1996 ,5. City Air Photographs: 2000, and 2001 6. D~scuss~ons with the following City staff and Agency representatives: a. Chuck Yates, Fire Marshal b. C~ndy Sauers, Electrical Engineering Technician c. Diana Steele, Public Works Director/City Engineer d. Tim Eriksen, Civil Engineer e. Rick Sands, Engineering Associate f Art Barclay, Police Sergeant g Chris Brown, Mendocino County Air Quality Management District Initial Study for Rezone No. 03-56 & Major Subdivision No. 03-57 o -! -~TTACH/~ENT a~ EXHIBIT "A" December 15, 2003 03-5393 ., Site Information Existing Proposed - Site Area 2.99 Ac. = 130,244 S.F. SAME (net square footage): Existing Building 24 Eo, two-story, two bedroom SAME Square Footage' dwel/in© urqit~ @ 1,024 S,F, Fo, - 24,576 S~F 14 Ea. h,vo-story, three bedroom SAME dwelling units @ 1,032 S.F. Eo. - 14,448 38 Ea. single-car garages @ SAME 240 S.F. Ea. -- 9, 120 S.F. _42 Ea. storage unit buildings = 6, 128 S.F. SAME I Ea. Managers unit :: ],216 SF. SAME TOTAL BUILDING S.F. = 55,488 S.F. Parking: Garages: 35 Ea. SAME Off-Street Spaces: $4 Ea, _ TOTAL: 92 Spaces Miscellaneous Information' Common Area 1.70 Acres = 74,052 S.F. SAME Landscape and 26,685 S.F. = 20.,5% of Site Area SAME Recreation Area __ Landscape Planted 1 9,900 S.F. SAME Area __ 6ordcn Court .South 12/16/03 R¢cr¢otion ArCo MAIN STREET GARDEN TOWNHOUSE SUBDIVISION ATn~r JA ~?_.AYl- ~-I , 03-5393 Typical Residential Units - Lots t0 & t! 12/16/03 Typical Residential Units - Lots 19 & 20 MAIN STREET GARDEN TOWNHOUSE SUBDIVISION 03-5393 ITEM NO. 9a DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR HIGH VOLTAGE LINE CLEARING AND TREE TRIMMING AT VARIOUS LOCATIONS WITHIN THE CITY OF UKIAH TO WESTCOAST ARBORISTS, INC. IN AN AMOUNT NOT TO EXCEED $40,000 The City Council asked for further clarification of the bids for tree trimming services. Bid packages were sent to seven tree trimming contractors. Two bids were received and opened by the City Clerk on September 2, 2004 at 2:00 p.m. Westcoast Arborists, Inc. submitted a bid based on an hourly rate for a three person crew of $177.00 with a discount of 2% if the bill is paid within 10 days of receipt. Davey Tree Surgery submitted a bid based on 'tree cuts' versus hourly rate. Staff requested that Davey Tree convert the tree cut rate to an hourly rate as requested in the bid specifications. Davey Tree responded with an hourly rate of $180.00 for a three person crew. This contract is subject to the State Public Contracts Code, which requires that the bid be awarded to the lowest, responsive bid. Westcoast Arborists, Inc. and Davey Tree provided all required documentation to verify high voltage line clearing experience, pay prevailing wage and meet all requirements as specified in the bid package. Therefore, staff recommends that the bid be awarded to Westcoast Arborists, Inc. based on the lowest bid in an amount not to exceed $40,000. Included in the 2004/05 Budget, Account No. 800.3728.250.000 is $40,000 for tree trimming. Sufficient funds are available. RECOMMENDED ACTION: Award bid for high voltage line clearing and tree trimming at various locations within the City of Ukiah to Westcoast Arborists, Inc. in an amount not to exceed $40,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: Bid packet and results Candace Horsley, City Manger TREE TRIMMING BID RESULTS Westcoast Arborists (Terms 2% net 10)* Davey Tree Surgery Company $177.00 hr/3 man crew $180.00 hr/3 man crew *($173.46) BIDDING SCHEDULE DESCRI PT I ON UNIT PRICE BID Tree Trimming, including all labor/· and equipment, for an hourly rate / per man hour of $180.00 $ 58.00 We, the undersigned, further agree, if this proposal shall be accepted, to furnish the required Proof of Insurance within ten (10) working days after written notice that the proposal has been accepted, and if the undersigned shall fail to contract, as aforesaid, it shall be understood that he has abandoned the contract, and that, therefore, this proposal shall be null and void. Witness our hands this 1st day of September , 2004. Licensed in accordance with an act providing for the registration of Contractor' s License No. 257957 , expiration date May 31; 2006- "The Contractor's license number and expiration date stated herein are made under penalty of perjury." Federal Tax ID No. 94-1693162 Signature of bidder or bidders, telephone numbers' with bus' s addresses nd BY: ~ Richard L. Edson Secretary - Business Manager Davey Tree Surgery Co. Notice' In the case of a corporation, give below the addresses' of the principal office thereof and names/~,, and add~.ss~ of the President, Secretary, and Treasurer.By..~~.~/ :~~'!¢~''Z'~ '% Richard L. Edson President: Karl Warnke 1500 North Mantua Street Kent, OH 44240 Treasurer: David E. A~ante 1500 N. Mantua Street Kent, OH 44240 Secretary-Business Manager 2617 S. Vasco Road Livermore, CA 94550 12 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIFICATIONS FOR TREE TRIMMING SECTION 1. GENERAL INFORMATION 1-01.Location and Scope of Work. Trim trees at various locations within the City of Ukiah at the direction of the Electric Department. The work consists of tree trimming in the close vicinity of the electric power lines, streets, parks and miscellaneous City facilities. 1-02.Arrangement of Specifications. The Technical Specifications are arranged in sections covering the various phases of work as follows: Section No. Title General Information Project Details General Notes Insurance Forms Location and Description of Work 1-03.Temporary Facilities. Ail temporary facilities are the responsibility of the Contractor. The removal of said facilities shall be the responsibility of the Contractor. The Contractor shall be responsible for any and all damages to existing facilities which are a result of the works. 1-04.Stream Pollution. The Contractor shall exercise every reasonable precaution to prevent muddying or silting of live streams, and the Contractor's attention is called to the fact that the terms of this contract do not relieve him of responsibility for compliance with Section 5650 and 12015 of the Fish and Game code or other applicable statutes relating to pollution prevention or abatement. 1-05.Existing Utilities. In general, the locations of existing utilities are indicated and/or will be marked on the ground at the site. The accuracy or completeness of this information is not guaranteed, however, and unless otherwise indicated on the IMPORTANT. Before the City will execute the contract, the successful bidder, within 10 working days, shall file with the City a certificate or certificates of insurance, covering the specified insurance. All certificates of insurance shall be on a form provided by the City (see attached Exhibit A). Each such certificate shall name the City as an additional insured and shall bear an endorsement precluding the cancellation, or reduction in coverage, of any policy evidence by such certificate, before the expiration of thirty days (30) after the City shall have received notification by registered mail from the insurance carrier. The Contractor shall include his subcontractors as additional insureds under the policy or shall furnish separate policies or certificates of insurance for subcontractors. Ail policies or certificates of insurance for subcontractors shall be subject to all of the requirements stated herein. 1-09.Worker's Compensation Insurance. Within ten (10) working days from award of bid, the Contractor shall furnish to the City satisfactory proof that he has secured, for the period covered by the work under this contract, full payment of compensation to all persons whom he may employ directly or through subcontractors, in carrying out the work contemplated under this contract, in accordance with the "Workmen's Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any acts amendatory thereof. Such insurance shall be maintained in full force and effect, during the period covered by this contract. The Contractor shall sign and file with the City a Worker's Compensation Certificate prior to performing any work. SECTION 2. PROJECT DETAILS 2-01.General. The work consists of tree trimming in the close vicinity of electric power lines, streets, parks and miscellaneous City facilities. Stump removal is not part of the work. SECTION 3. GENERAL NOTES l.Bids an hourly on a three are to be rate based for all labor and equipment required for tree (3) person crew~ trimmings. 3-02.Hazardous Conditions. Crew members and equipment shall comply with Title 8, General Industry Safety Orders and Title 8, Electrical Safety Orders for trimming around electrical power Sheet1 Davey Tree Surgery Company P.O. Box 5015 Livermom, CA 94551-5015 510-443-1723 FAMILIY TREE SERVICE P.O. Box 1325 Laytonville, CA 95454 w-707-984-8239 h-707-984-6629 MARVINS GARDINS P.O. Box 1725 Wi#its, CA 95490 707-459-1940, 462-3490 WEST COAST ARBORTISTS, INC. 2200 E. Via Burton St. Anaheim, CA 92806 800-521-3714 714-956-3745 TIMBER LAKE TREE 930 Knob Hill Rd. Ukiah, CA 95482 W-463-0903, H-462-6496 NORTHCOAST TREE CARE John Phillips 26010 String Creek Rd. Willits, CA 95490 707-459-3015 MATT'S CUSTOM TREE CARE 1575 Elm St. Ukiah, CA 95482 Page I AGENDA ITEM NO: /~2 ~ MEETING DATE: October 20, 2004 SUMMARY REPORT SUB3ECT: Discussion and Possible Action Regarding Russian River Flood Control District Supply Contract This item will be discussed in closed session. RECOMMENDED ACTION: ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Candace Horsley, City Manager Candace Horsley, City Manager Approved: 4:CAN/ASR. Candace Horsley, City ~t~nager ITEM NO: 10b. MEETING DATE: October 6, 2004 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF FUNDING ENGINEERING REVIEW OF UNNAMED WATERSHEDS The Inland Water and Power Commission has requested that each agency approve funding for engineer George Rau to study several creek watersheds in the Ukiah area and determine if there is sufficient flow to provide winter water run off for storage. The creeks that may be considered include Hensley, Robinson, Ackerman, York, and Busch Creek in Potter Valley which flows into the east fork of the Russian River. George Rau's estimate was approximately $1,500 per watershed. There are four agencies in the Inland Water and Power Commission, so if all five watersheds are reviewed this will mean approximately $2000 per agency. City representative to the IWPC, Vice-Mayor Baldwin, originally suggested the idea of these studies and would request Councils discussion and approval of this funding. RECOMMENDED ACTION: Discussion and approval of funding engineering review of unnamed watersheds ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff to take alternative action Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Phil Baldwin, Vice-Mayor Candace Horsley, City Manager IWCP N/A Approved: Candace Horsley, C~ Manager 4:CAN/ASR.EngReviewUnnamedWatersheds DATE; Ju ?. 2004 tmnemitlml tar:. [~ Ap,I~ovel !~ A~ Requeeted -~ Your Uee/ln~. TO: Janet Peull 743-1824 FROM: PROJECT: Yield Stud), In Unnamed Tributary REF or NO.: SUIJI!GT: P°te~tlai Offstream Storage Volume MES,tAGE: JOB NO.: COPY TO: II ' George Rau 3) U~e available Information to determine the amount of rainfall "lost' to "deep percolation' in the watershed for each of the three Conditions li.,~ted in ~ above. 4) .Subtract the amount of waler which goes to deep percolation fr,~m the total to obtain · volume of mn-off for the three conditionI listed in ,r2 al,~ve. 5) Report the total estimated runoff. Then ataume a 'beneficial uI,~.' of 5% and 10% of the runoff for each of the conditions and report those ye umes. 6) The: report w~uld be a one page Iummary of the factors dlacus~,ed above, "' concluding with the vofume potentially "available' for storage fo~ beneficial ute. I am assuming 6% I~ probably closer to what may ultimately be pem~itted, but it would be Instruoflve to know what a 10% dlve.~ion may develop also. The e.~*.imated coat ,for~aome preliminary dlaCut~ion, resear~ and prepatatio~ '~Itten I.. -..., Page 1 of 2 Janet: . Per our discussion i~m'e lime back, an "order of if ol~treem ~torIge COuld'ca ture· magnitude" study could be mace to get an idea P hough tributary waters during hi h winter f~l~Ibtl~ study worth conIiderln , g flora ~ to make a componenla: ....... g. The order of magnitude study would have th~, following · 1): Determine trlbutaly runoff area to an eaaumecl 'point of dlver$i ~n" uS-lng'usG5 qued 2) Use available rainfall data to calculate the 'average" volume of mlnfiil which falls In the wateshed and, more critical, the dry year volume and drought year Volume, We would have to define "dry year" and I assume usir~g the 1976-77 as a drought yeir. AGENDA ITEM NO: /C c_ MEETING DATE: October 20, 2004 SUMMARY REPORT SUBJECT: COUNCIL APPROVAL FOR THE CITY MANAGER AND PUBLIC UTILITIES DIRECTOR TO PURCHASE REPLACEMENT POWER As a result of the loss of the Western contract on December 31, 2004 the City of Ukiah is in need to replace approximately 21,100 megawatt-hours (MWhs) of energy spanning over 12 months during 2005. It is important the City firm up replacement power with suppliers as soon as possible. The Public Utilities Director has been working very closely for the last 2 months with the Power Management Department of NCPA to keep a watchful eye on market conditions pertaining to the best time to buy. Various market indicators (gas, cold weather, oil prices, reduced water flows pertaining to hydro) were being watched for causing variations and swings in the market cost of electricity. October was set as the optimum time for the City to seek proposals from power suppliers for both firm capacity and energy. However, October is now proving to be a month were unanticipated events happened. These include wide swings in natural gas as a result of an early cold front moving into the mid-US, unforeseen hurricanes, associated damage to drilling rigs, and a continuous Iow hydro year. These items are causing fluctuations in the market and are dictating power purchases should soon be made. As of Thursday, October 13, 2004, the established price for energy was $52.80 per megawatt-hour (MWh). Just a short few weeks ago the price was averaging approximately $50.00/MVVh Working through NCPA, the City is requesting day ahead proposals for the replacement power. Day ahead pricing is the norm for electricity bidding whereby the projected 24 hour price is given as a bid. In addition, Staff is recommending the City purchase only 75% of the anticipated power and hedge the remaining 25% on the basis the power RECOMMENDED ACTION: Discuss and approve the City Manager and Public Utilities Director to complete a power purchase. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Bernie Ziemianek, Public Utilities Director Bernie Ziemianek, Public Utilities Director Councilmember Roy Smith Power point presentation Approved: Candace Horsley, City M'~ager costs will drop during the year. Indications are this will occur at some point during the year. This is an acceptable risk as reviewed by the City Manager and Public Utilities Director as a hedge on future market swings. Staff will explain and discuss this in more detail with a brief powerpoint presentation Staff recommends City Council approve the City Manager and Public Utilities Director to complete a firm capacity and energy purchase within an acceptable range to be presented to Council during the presentation. This is being done to insure the Council has the most recent real time prices in affect at the time of the meeting. Funding for this transaction is budgeted under Purchased Power in Department 3702, Fund 800, Accounts 213, and 214. 0 0 0 0 ~' ~' ,~' ~' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c. D CD 0 0 0 0 0 0 0 0 0 0 ~ 0 ~ 0 I.O 0 it) 0 IX) t, OIt, OlE I, t~O/801 I, ~ l~OIg I,/0 I, t'O//.. 1,160 1~0/~Z/80 ~OIZ;~/ZO ~'01 I, 01/..0 1~01g0190 ~016 I, II~0 t'O/ZZ/ZO I~O/ZE/I, 0 t,O/1,0/1,0 0 MIR t'OlO~,l~ l, t'OIt'Ol'~ l, ~01801 I, I, fi'Ol$1,101, ~OIZI,160 ~OIZ~Z~I80 t,O/ZZ:IZO ~011,0/£0 ~0/~0190 t'OlO ~ lgO t~O/t~ I,/t~O ~0161,/~:0 ~'O/ZZ:II, O t'Ol ~ OI l, O o 0 a. , I I O0~IOCI~ OOZICI, IOI, t, OO~:/Z I,/6 t'OOZlZ:Z/8 ~'O0~:lg/9 ~OOZlOl, lg t'O O Z lt~ ~ lt, ~OOZ/61,/C ~O0:~/Zg:/I, ~00~:/I,/I, t, OOZ/8/I, I, O0~IC~/OI, ~O0~/ZI,/6 ~OOE/ZE/Z t, OOZ:/I,/Z t'OO~:/S/9 t, O0~lO ~ lS ~00~:/6 I,/C 00~151,101, ~O0~IZI,/6 t'OOZIZZ/8 I~OOE/ZEIZ t'OO~:/S/9 t, O0~:/6 I,/~ ~'OOg:/ZE/I, 'fO0~ll, ll, o 0 n O0~IOCIEI, t~O0:~/8/I, I, 00~,1~.1,101, ~OOE/].. 1,16 ~OOE/ZE/Z ~OOZ:/6 I,/C ~OOE/Zg:/I, ~00~,11,11, t, OOZ/6ZI6 t, OOZIl~16 t, OOZ/8/8 t'OO~/~:l,/Z t'O0~l/.. I,/9 ~OOg:/9g:/t~ t, O0~;18/~: t;00~:/8 I,/ZI, t,O'ZO.l. OO t'O'Z I,d~lS ~O'~DN¥ I~0'I~O~)NV I~0'S ~'INI' l~o'9z:Nnr I~0'90NNI' t~O'8:~ldV ~'0'80~1d¥ I~0'6~UV~ t,0'6~8=ld l?0'60B:md I~O'OZ:NVI' I~O'I, ONVI' o o~ o oO 0 = ~ ~ C,~ 0 · · · · · · · · · · · ITEM NO. 10d DATE: October 20, 2004 AGENDA SUMMARY REPORT SUBJECT: COUNCIL CONSIDERATION AND DIRECTION TO STAFF WITH REGARD TO INTERVIEWING APPLICANTS FOR APPOINTMENT TO THE CITY COUNCIL At the October 6, 2004 City Council meeting, Council discussed options for filling the Council vacancy created by Councilmember Andersen's resignation, effective October 31,2004. At that time, it was the consensus of Council to solicit applications from the public and from candidates running in the November election. Staff is requesting Council's consideration as to whether it would like to interview each applicant. If so, staff will amend the attached News Release and schedule interviews with the applicants prior to commencement of Council's November 17th regular meeting. RECOMMENDED ACTION: Provide direction to Staff with regard to interviewing applicants for City Council vacancy. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine appointment is not to be made at this time and direct Staff accordingly. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Ukiah City Council Marie Ulvila, Deputy City Clerk '~"~~---~ Candace Horsley, City Manager 1. News Release dated October 2004. Candace Horsley, City'l~anager ASR:City Council Vacancy 2004 ~TTACH~ENT._.~. af ll iah NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: October ,2004 Immediately Vacancy on City of Ukiah City Council Marie Ulvila, Deputy City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces that a vacancy will be occurring on the City Council, effective October 31, 2004. Any qualified individual who would like to make a difference in his/her community and is interested in serving for the unexpired term ending November 2006, may apply for this vacancy. The candidate must reside within the City Limits of Ukiah and be a registered voter at that address. Applications can be obtained from the City's web site (www.cityofukiah.com) or picked up at City Hall, 300 Seminary Avenue, Ukiah. Contact Deputy City Clerk Marie Ulvila at 463- 6217 for an application to be mailed or faxed to you. The submittal deadline is Wednesday, November 10, 2004, at Noon. Applications can be mailed, faxed or emailed (marieu~.citvofukiah.com) to the City Clerk's office. The appointment will be considered at the regular City Council meeting on November 17, 2004. Marie Ulvila, Deputy City Clerk If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. KUKI/KIAH KPFM Press Democrat KVVNE KOZT Ukiah Daily Journal KFWU KZYX KMFB KNTI PR:Commission Vacancy City Council 2004 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'CC 707/463-6204 Web Address: www. cityofukiah.com CITY OF UKIAH CITY COUNCIL AGENDA JOINT WORKSHOP WITH UKIAH VALLEY SANITATION DISTRICT CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 20, 2004 4:00 p.m. - 6:00 p.m. 1. ROLL CALL- CITY COUNCIL 2. JOINT MEETING OF THE UKIAH CITY COUNCIL AND THE UKIAH VALLEY 1 w SANITATION DISTRICT a. Discussion and Possible Action Regarding a Cost Share Agreement Between the UVSD and the City of Ukiah for the Design and Construction of the Proposed Waste Water Treatment Plant Expansion and Rehabilitation Project b. Presentation and Possible Action Regarding the Suggestions of the Value Engineering Team Design Review of the Proposed Brown and Caldwell Waste Water Treatment Plant C, Discussion and Possible Action Regarding Processes Associated with the Development of a Draft Policy Pertaining to Will Serve Letters d, Update and Review of Staff's Action to Obtain Additional ESSUs by Existing CEPT Process and Additional Polymer Enhancement PUBLIC EXPRESSION a. Announcements/Other Business ADJOURNMENT AGENDA ITEM NO: 2a MEETING DATE: October 20, 2004 SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING A COST SHARE AGREEMENT BETWEEN THE UVSD AND THE CITY OF UKIAH FOR THE DESIGN AND CONSTRUCTION OF THE PROPOSED WASTE WATER TREATMENT PLANT EXPANSION AND REHABILITATION PROJECT Summary: A cost share agreement between the City of Ukiah and UVSD needs to be discussed and approved in order to move forward on the financial obligations for the proposed WWTP project. Originally, a draft agreement was developed by the City Attorney to form the basis for a discussion on this topic. That agreement was based on previous numbers indicating a capacity enhancement split of 77% for the UVSD and 23% for the City. Since the initial draft agreement a number of real estate indicators and a review by the City Planning Department of parcels available for developing within the City formed a basis to again review the City ESSU needs. (It must be pointed out the parcel review report was requested by the City Council and was recently completed on September 13th) This input, especially the Planning Department report, indicated the City's need of approximately 40% (960) of the 2400 available from the new plant as opposed to 23% (552). Staff is recommending the Joint City Council and UVSD discuss and reach an agreement on cost share for the WWTP rehabilitation. RECOMMENDED ACTION: Discuss and question ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: N/A Bernie Ziemianek, Public Utilities Director Bernie Ziemianek, Public Utilities Director~ · Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager 1. Agenda Summary Report for July 28, 2004 Board Meeting 2. Amendment No. 2 to Participation Agreement Between City of Ukiah and Ukiah Valley Sanitation District ASR: ASR 10-20-04 UVSD&CC #2a ~,TTACHMENT / UKIAH VALLEY SANITATION DISTRICT AGENDA SUMMARY REPORT BOARD MEETING OF JULY 28, 2004 DISCUSSION AND POSSIBLE ACTION REGARDING A COST SHARE AGREEMENT BETWEEN THE UKIAH VALLEY SANITATION DISTRICT AND THE CITY OF UKIAH FOR THE DESIGN AND CONSTRUCTION OF THE PROPOSED WASTE WATER TREATMENT PLANT EXPANSION AND REHABILITATION PROJECT Submitted for the Board's consideration and approval is a draft of proposed Amendment No. 2 to the 1995 Participation Agreement between the District and City which would, if executed by the parties, establish (1) an allocation of the available interim capacity resulting from the Chemical Enhancement to the Primary Treatment Program (CEPT) and (2) a cost allocation of the project costs for the Waste Water Treatment Plant Expansion and Rehabilitation Project. As previous discussed and agreed to by the City Council and District Board at their joint meeting of June 9, 2004, the proposed allocation of the interim capacity that resulted from the implementation of the CEPT program is 77% to the District and 23% to the City. Provisions are provided which would allow the parties to share their allocation with the other party should the other party use all their allocation. The interim capacity allocation would give the District 708 ESSUs and the City 212 ESSUs. As of July 22, 2004, 494 ESSUs of the 920 ESSUs made available through the implementation of CEPT have been committed to. Of the committed ESSUs, 377 have been assigned to the District and 117 have been assigned to the City. At 77% of the capacity allocation, the District has 331 ESSUs available for commitment until 2008. The project costs associated with the Waste Water Treatment Plant Expansion and Rehabilitation Project (Project) is segregated into two Project categories, Capacity Project and Upgrade/Rehabilitation Project. It is proposed that the cost allocation for the Capacity Project be 77% to District and 23% to City based on the current consumption rates of available ESSUs. The cost allocation shall be reviewed annually by the parties to insure that the cost sharing reflects the actual proportion of new connections. Each year after the completion of the Project, the District and City shall meet to review the total number of new connections within each party's jurisdiction, consider changes in the number of jurisdictional connections resulting from annexations and detachments, and consider other factors that the parties may deem relevant. It is proposed that the cost allocation for the Upgrade/Rehabilitation Project be allocated based upon the ratio of City and District ESSUs for each year of operation beginning in the year when the project costs are first incurred. As provided for in Amendment No. 1 to the 1995 Participation Agreement, cost apportionment between the parties shall be based upon the ratio of ESSUs on record as of March 31 of each year. As of March 2004, the ESSU apportionment by jurisdiction is as follows: City: District inside City: District outside City 6603 (54.8% of total) 2543 (21.1% of total) 2898 (24.1% of total) Total ESSUs 12044 The draft of Amendment No. 2 has been forwarded to County Council for Review and Comment. Attachments: Draft Amendment No. 2 AMENDMENT NO. 2 ~T~ACFIMENT "~ TO PARTICIPATION AGREEMENT BETWEEN CITY OF UKIAH AND UKIAH VALLEY SANITATION DISTRICT This Agreement is entered on ,2004 (Effective Date), in Ukiah, California, between the City of Ukiah (City), a general law municipal corporation, and the Ukiah Valley Sanitation District (District), a special district, collectively, the Parties. RECITALS: 1. The Parties entered a Participation Agreement on July 19, 1995, under which (1) they share the cost and use of a waste water treatment plant owned and operated by the City, and (2) the City operates and maintains the sewer mains, laterals and related facilities owned by the District. 2. On July 19, 1995, the Parties entered an Amendment No. 1 to the Participation Agreement. That agreement affirms that the annual costs for the entire sewer system (treatment plant, trunk sewer and collection system of the City and the District), including maintenance, operation, administration, repair and replacement, upgrading, debt service, insurance and financial services are allocated between the City and the District based upon the ratio of City and District sewer service units for each year of operation. "Sewer service unit" is defined in the Participation Agreement. 3. Amendment No. 1 also requires a separate written agreement between the City and the District for expense categories not included in an approved budget for the sewer system prior to the 1997/1998 fiscal year, if the expense is a capital expense in excess of $100,000 other than a repair or replacement of existing facilities or equipment. 4. The sewer treatment plant is at or near its capacity to treat and discharge treated waste water in compliance with its Waste Discharge/NPDES Permit from the North Coast Regional Water Quality Control Board (NCRWQCB). 5. Using pre-treatment methods recommended by Brown and Caldwell, Environmental C:\DOCUMENTS AND SETIINGS\MULVILA. CITYUK\LOCAL SETFINGS\TEMPORARY INTERNET FILES\OLK1D\07-28-04 SANDAMEN2REV1.DOC October 13,2004 Page 1 of 5 Engineers and Consultants, on an interim basis only, the City increased the treatment capacity of its sewage treatment plant by a total of 920 Equivalent Sewer Service Units ("ESSUs"). It is estimated that as of May 31, 2004, 427 ESSUs had not been consumed by new connections and were still available, pending expansion of the treatment plant's treatment capacity. This estimate of the "Remaining ESSU's" assumes that no contrary orders are issued by the NCWRQCB or any other administrative or judicial body with jurisdiction over the City's sewer discharges. 6. In addition to expanding its treatment capacity, many of the structures and treatment processes within the treatment plant have exceeded their useful design life and need to be replaced or rehabilitated. 7. The City has obtained a preliminary design from Brown and Caldwell for two related projects: (1) a project to increase the capacity of the sewer treatment plant to permit additional new connections in both the District and the City ("the Capacity project"); and (2) a project to rehabilitate and upgrade the sewer treatment plant ("the Upgrade/Rehabilitation Project"), collectively, "the Project." The engineer's cost estimates for the projects are approximately $21,000,000 for the Capacity Project and $42,000,000 for the Upgrade/Rehabilitation Project, for a combined Project cost of $63,000,000. This estimate may be affected by a value engineering review the Parties have agreed to undertake. The City currently estimates that both projects will be completed in 2008. Many factors could affect the estimated completion date, and the Parties acknowledge that this is an estimate only. 8. Allocating the costs of the Capacity Project and the upgrade portion of the Upgrade/Rehabilitation Project requires a separate written agreement under Amendment No. 1, because those portions of the projects will involve expense categories not included in an approved budget for the sewer system prior to the 1997/1998 fiscal year, which are capital expenses in excess of $100,000 other than a repair or replacement of existing facilities or equipment. Accordingly, the Parties require this Amendment No. 2 to allocate the available connections between the Effective Date and when the Project is completed (remaining connections) and to share the cost of the Project. AGREEMENT: NOW, THEREFORE, in consideration of the above-recited facts and the terms and conditions as stated below, the Parties agree as follows: 1. Allocation of available interim connections. The additional 920 ESSUs created through the use of the pre-treatment process recommended by Brown and Caldwell shall be allocated as follows: 77% to the District; 23% to the City. If either party uses its remaining connections before the other party, it may give the other party written notice that it requests negotiations to share the other party's remaining connections. Not later than fifteen (15) days after such notice has been given, the Parties shall meet and negotiate the sharing of the remaining C:\DOCUMENTS AND SETHNGS\MULVILA.CITYUK\LOCAL SETIINGS\TEMPORARY INTERNET FILES\OLK1D\07-28-04 SANDAMEN2REV1.DOC October 13, 2004 Page 2 of 6 connections. The Parties are not required to agree to share the remaining connections, but each party shall carefully consider the interests and concerns of the other party and make a good faith effort to accommodate them, while still protecting its own governmental interests. 2. Allocation of the Project costs. All of the costs of the Project (project costs), including, but not limited to, planning, engineering, design, design review, administration, construction, legal and financing (including fees, financial services, transaction costs and debt service) shall be allocated between the City and the District as follows: a. The Capacity Project. 23% of the project costs of the Capacity Project shall be paid by the City and 77% of those project costs shall be paid by the District. This allocation of Capacity Project costs is based on the proportion of new connections which have been made recently in the District and the City and on the land available in both jurisdictions for new development. The allocation of these costs shall be reviewed annually by the Parties to insure that the cost sharing reflects the actual proportion of new connections in the City and the District. Each year, commencing twelve months after the completion of the Project, the Parties shall meet to conduct this review, taking into account the number of new service connections within each party during the previous twelve months, the total number of new connections within each party's jurisdiction since the Effective Date, the likely number of new connections in the next one, three and five year time periods, any changes in organization, including annexations or detachments, which may have occurred, and any other facts or conditions the Parties consider relevant. Based upon this review, the Parties may adjust the allocation of these costs between them. b. The Upgrade/Rehabilitation Project. The project costs of the Upgrade/Rehabilitation Project shall be allocated between the City and the District based upon the ratio of City and District sewer service units for each year of operation, commencing in the year when project costs are first incurred, as provided in the Participation Agreement. c. Rate Setting to Recover Costs. Each party agrees to establish rates (connection fees and sewer service fees) which are sufficient to pay its share of project costs as apportioned pursuant to this Agreement. 3. Compliance with waste discharge/NPDES requirements. Each party in its management of its sewer system agrees to comply with the Waste Discharge/NPDES permits issued to the City for the operation of the waste water treatment plant and sewer system and with applicable provisions of state and federal law, which regulate discharges to the waters of the State of California and the United States, including the Porter Cologne Water Quality Act and the Clean Water Act; provided, however, that the legal and other costs of defending a citizen suit or other enforcement action and any settlement or judgment shall be an expense of the entire sewer system, subject to apportionment under the Participation Agreement. Such costs shall not be apportioned and shall be allocated to one party, if the other party gives that party written notice of actions it must take to avoid such a violation and the other party fails to take such action within the time C:\DOCUMENTS AND SETIINGS\MULVILA.CITYUK\LOCAL SETYINGS\TEMPORARY INTERNET FILES\OLK1D\07-28-04 SANDAMEN2REV1.DOC October 13, 2004 Page 3 of 6 provided in the notice. 4. Notice. Whenever written notice is required or permitted by this Agreement, the Participation Agreement, Amendment No. 1, or any future amendments to the Participation Agreement, it shall be deemed given when actually received, if delivered by personal delivery, fax, registered or certified mail or overnight courier, or 48 hours after deposit in the United States Mail with proper first class postage affixed thereto, when addressed or sent as follows: CITY OF UKIAH Attention: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA. 95482 FAX: 463-6204 UKIAH VALLEY SANITATION DISTRICT Attention: Chairman County of Mendocino County Administration Center 501 Low Gap Road Ukiah, CA. 95482 WHEREFORE, the Parties have entered this Agreement on the Effective Date. CITY OF UKIAH By. Eric Larson, Mayor ATTEST: Gordon Elton, City Clerk Approved as to form: David J. Rapport, City Attorney UKIAH VALLEY SANITATION DISTRICT By: Michael Delbar, Chairman C:\DOCUMENTS AND SETIINGS\MULVILA. CITYUK\LOCAL SETIINGS\TEMPORARY INTERNET FILES\OLK1 D\07-28-04 SANDAMEN2REV1.DOC October 13, 2004 Page 4 of 6 Approved as to form: H. Peter Klein, County Counsel C:\DOCUMENTS AND SETFINGS\MULVILA. CITYUK\LOCAL SETFINGS\TEMPORARY INTERNET FILES\OLK1D\07-28-04 SANDAMEN2REV1.DOC October 13, 2004 1-I~¥£ 5 oqb 6 Request ESSU** (Equivalent Sewer System Unit) by Affordable Housing Developer / / Return units to ESSU Pool. Return Fees to Requestor (less -% processing charge). Project Terminated (Re)Adjust ..................................... ESSU Pool No **ESSU Request > 40 Requires Meeting with City/UVSD Staff /Submit Project to Planning Department /. Within 6 Add'l Months/ /equest Waiver of / ESSU Fee by / ity/UVSD Criteria/' Fill ESSU Request *Request Additional Time by Meeting With City/UVSD Staff Pay Fee MProvide Additional aterial to Planning Department / Yes No/.-'"~lannin~ Yes Apply For and / Obtain Building Permit Applyfor 6- / No Month Building Permit Extension Yes No Construction In Progress Exact ESSU Calculation By Water and Sewer Technician / Pay or Reconcile / ESSU Fees As / Necessary / ESSUflowchart-affordable.doc 10/11/04 Option 1. Pay Full ESSU Fee Upfront Request ESSU (Equivalent Sewer System Unit) Pay Full ESSU / Fee Upfront ($8759 per ESSU) PRO Minimizes sandbagging issues Completes the monetary fee upfront CON Large upfront fee amount for residential building projects Potential adjustment refunds might be required from City/UVSB No expert check of drawings to set ESSU Additional "internal difficulty factor" associated with refunds ESSUfeeoptions.doc 10/11/04 Option 2. Pay Three-Fourths of ESSU Fee Upfront Request ESSU (Equivalent Sewer System Unit) Fee upfront $6569.25 per ESSU)~ PRO Minimizes "sandbagging" Low potential that adjustment refunds will be required from City/UVSB Reduced fee burden for residential builders CON Still large fee amount for residential builders ESSUfeeoptions.doc 10/11/04 Option 3. Pay Half of ESSU Fee Upfront Request ESSU (Equivalent Sewer System Unit) (Pay Half of ESSU / Fee upfront $4379.50 per ESSU)~ PRO Reduced fee burden for residential building Adjustment refunds not required from City/UVSB Appears to be a fair upfront fee CON ESSUfeeoptions.doc 10/11/04 'L Return Units To ESSU Pool Return Fees To Requestor (less ~% processing charge). Project Terminated No Request ESSU** (Equivalent Sewer System Unit) · Yes Upfront Fee per ESSU) (Re)^diust ESSU Pool >Yes / Submit Project to / Planning Department / / Within 6 Months / Yes aterial to Planning / -~ ~ Review Compl' 'ete ~ Department / ~ Apply for 6- Month Building Permit Extension Apply For and Obtain Building Permit No Yes Construction In Progress **ESSU Request >40 Requires Meeting with City/UVSD Staff r Yes ,./, Exact ESSU Calculation By Water and Sewer Technician Yes FReconcile ESSU / ees as Necessay ESSUflowchart3.doc 10/11/04 VACANT AND UNDERUTI'LTZED LAND WTTHTN THE CTTY OF UKTAH SEWER SERVTCE AREA APN EXzs'rZNG ZONI'NG ACRES POTENTZAL USE UNZ'rs 1-130-10 Underutilized R1 1.10 7 1-142-01 Underutilized R1 0.25 2 1-181-14 Underutilized Ri 2.50 15 1-181-15 Underutilized R1 2.00 10 1-203-31 Vacant R1 1.25 7 1-304-03 Underutilized R1 0.13 1 3-061-25 Vacant R1 0.58 2 3-540-23 Underutilized Ri 1.32 6 1-113-28 Underutilized R1 0.94 5 2-114-20 Underutilized R1 0.74 3 1-111-26 Vacant R1 0.14 1 1-241-03 Underutilized R1/H 0.75 3 1-201-07 Vacant PD/R1 0.32 2 1-201-08 Vacant PD/R1 0.32 2 3-160-57 Vacant R2 4.75 35 2-301-25 Vacant R2 0.21 2 3-050-32 Underutilized R2 0.48 6 1-430-29,30 Vacant R3 2.00 30 2-138-04 Underutilized R3 4.12 15 2-101-08 Underutilized PD/R3 1.80 10 2-101-12 Underutilized PD/R3 1.85 10 3-472-39 Vacant C2 2.10 16 3-083-10 Vacant C2 1.20 12 2-281-10 Vacant C2 0.23 5 2-282-18,19 Vacant C2 4.00 50 2-160-12 Vacant C2 2.00 40 2-160-13 Vacant C2 2.60 50 2-160-10 Vacant C2 1.40 30 2-193-44 Vacant C2 2.40 30 3-140-01 Vacant C2 1.80 10 3-470-08 Underutilized C2 1.60 10 3-472-06 Vacant C2 0.69 10 3-040-74 Vacant C1 0.94 20 3-040-75 Vacant C1 1.12 22 3-040-76 Vacant C1 0.70 ,15 3-130-08 Underutilized C1 0.78 10 3-031-09 Underutilized C1 2.00 15 2-311-10 Vacant C1 1.30 15 2-232-12,13 Underutilized C1 7.40 145 2-030-06 Vacant C1 5.0 100 2-030-05 Underutilized C1 1.00 20 2-257-01 Underutilized C1 0.46 5 2-114-14 Vacant C1 1.40 20 2-114-18 Underutilized C1 1.50 20 2-114-29 Underutilized C1 2.00 15 2-130-38 Vacant C1 0.79 15 3-050-65 Underutilized C1 2.50 40 2-193-14 Vacant C1 0.14 3 2-193-15 Vacant C1 0.48 6 2-247-06 Underutilized C1 2.20 10 2-247-07 Underutilized C1 1.48 16 2-340-44 Vacant C1 0.78 12 3-083-02 Vacant C1 0.41 3 3-306-06 Vacant R2 1.0 10 3-071-14 Underutilized R3 1.0 28 2-093-08 Underutilized R3 2.0 11 SUBTOTAL 84.15 1003 HZLLSZDE PARCELS 150 66 TOTAL ACREAGE ! 234.15 1069 POTENI']:AL UNZTS TOTAL PROBABLE 234.15 733 UNZl'S 1. The probable number of units takes into consideration property ownership, known long range plans of the property owner, location, market forces, and known constraints to the development of parcels. 2. The Table does not include redevelopable parcels, for which the City has many. It is anticipated that there could be a substantial amount of projects involving the removal of blighted commercial buildings and the development of residential and mixed residential-commercial land uses. These "redevelopable" parcels are not listed because a detailed survey was not conducted as a part of the General Plan Housing Element Update Program. VACANT AND UNDERUTZLZZED LAND WI'THI'N THE CZTY OF UKTAH SEWER SERVTCE AREA APN EXZSTZNG ZONZNG ACRES POTENTZAL USE UNI'rS 1-130-10 Underutilized R1 1.10 7 1-142-01 Underutilized R1 0.25 2 1-181-14 Underutilized R1 2.50 15 1-181-15 Underutilized R1 2.00 10 1-203-31 Vacant R1 1.25 7 1-304-03 Underutilized R1 0.13 1 3-061-25 Vacant R1 0.58 2 3-540-23 Underutilized R1 1.32 6 1-113-28 Underutilized R1 0.94 5 2-114-20 Underutilized R1 0.74 3 1-111-26 Vacant R1 0.14 1 1-241-03 Underutilized R1/H 0.75 3 1-201-07 Vacant PD/R1 0.32 2 1- 201-08 Vacant PD/R 1 0.32 2 3-160-57 Vacant R2 4.75 35 2-301-25 Vacant R2 0.21 2 3-050-32 Underutilized R2 0.48 6 1-430-29,30 Vacant R3 2.00 30 2-138-04 Underutilized R3 4.12 15 2-101-08 Underutilized PD/R3 1.80 10 2-101-12 Underutilized PD/R3 1.85 10 3-472-39 Vacant C2 2.10 16 3-083-10 Vacant C2 1.20 12 2-281-10 Vacant C2 0.23 5 2-282-18,19 Vacant C2 4.00 50 2-160-12 Vacant C2 2.00 40 2-160-13 Vacant C2 2.60 50 2-160-10 Vacant C2 1.40 30 2-193-44 Vacant C2 2.40 30 3-140-01 Vacant C2 1.80 10 3-470-08 Underutilized C2 1.60 10 3-472-06 Vacant C2 0.69 10 3-040-74 Vacant C1 0.94 20 3-040-75 Vacant C1 1.12 22 3-040-76 Vacant C1 0.70 15 3-130-08 Underutilized C1 0.78 10 3-031-09 Underutilized C1 2.00 15 2-311-10 Vacant C1 1.30 15 2-232-12,13 Underutilized C1 7.40 145 2-030-06 Vacant C1 5.0 100 2-030-05 Underutilized C1 1.00 20 2-257-01 Underutilized C1 0.46 5 2-114-14 Vacant C1 1.40 20 2-114-18 Underutilized C1 1.50 20 2-114-29 Underutilized C1 2.00 15 2-130-38 Vacant C1 0.79 15 3-050-65 Underutilized C1 2.50 40 2-193-14 Vacant C1 0.14 3 2-193-15 Vacant C1 0.48 6 2-247-06 Underutilized C1 2.20 10 2-247-07 Underutilized C1 1.48 16 2-340-44 Vacant C1 0.78 12 3-083-02 Vacant C1 0.41 3 3-306-06 Vacant R2 1.0 10 3-071-14 Underutilized R3 1.0 28 2-093-08 Underutilized R3 2.0 11 SUBTOTAL 84.15 1003 HZLLS]:DE PARCELS 150 66 TOTAL ACREAGE ! 234.15 1069 POTENTJ:AL UNll'S TOTAL PROBABLE 234.15 733 UNI"TS 1. The probable number of units takes into consideration property ownership, known long range plans of the property owner, location, market forces, and known constraints to the development of parcels. 2. The Table does not include redevelopable parcels, for which the City has many. It is anticipated that there could be a substantial amount of projects involving the removal of blighted commercial buildings and the development of residential and mixed residential-commercial land uses. These "redevelopable" parcels are not listed because a detailed survey was not conducted as a part of the General Plan Housing Element Update Program. AGENDA ITEM NO: 2b MEETING DATE: October 20, 2004 SUMMARY REPORT SUBJECT: PRESENTATION AND POSSIBLE ACTION REGARDING THE SUGGESTIONS OF THE VALUE ENGINEERING TEAM DESIGN REVIEW OF THE PROPOSED BROWN AND CALDWELL WASTE WATER TREATMENT PLANT Summary: During the week of August 30th a Value Engineering (VE) Review commenced on the engineering details and design of the proposed Wastewater Treatment Plant. The VE Team was led by a certified Value Engineering Consultant with engineering experts in all phases of design, construction, contracting, and project management. The VE Team met for a full week and focused on Brown and Caldwell's proposed design for the City of Ukiah and specifically reviewed all aspects of the plant operational needs. Staff will give an additional update as to some of the findings. RECOMMENDED ACTION: Discuss and question ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Public Utilities Director Bernie Ziemianek, Public Utilities Director Candace Horsley, City Manager None ASR: ASR 10-20-04 UVSD &CC #2b AGENDA ITEM NO: · ~ ~ MEETING DATE: October 20, 2004 SUMMARY REPORT SUBJECT: DISCUSSION AND POSSIBLE ACTION REGARDING PROCESSES ASSOCIATED WITH THE DEVELOPMENT OF A DRAFT POLICY PERTAINING TO WILL SERVE LETTERS Summary: Staff recently completed a review of the ESSU request process as directed by both the City Council and UVSD. As a result of the review, Staff is recommending discussion and adoption of a new request process. Staff was given direction to draft a new process that met the following objectives: 1. Make ESSUs easy to request by residential, commercial and industrial customers 2. Insure appropriate measures are in place to manage the ESSUs 3. Set appropriate time values in the process before relinquishing the units 4. Set appropriate checks to assure "sandbagging" units does not take place 5. Take into account Low Income Housing developer needs Based on the above objectives Staff completed a flow diagram that will be delivered to the members on Monday, with a number of options for the Joint Council and UVSD to discuss, modify and approve. RECOMMENDED ACTION: Discuss and question ALTERNATIVE COUNCIL POLICY OPTIONS: NIA Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemianek, Public Utilities Director Bernie Ziemianek, Public Utilities Director Candace Horsley, City Manager None AGENDA ITEM NO: 2d MEETING DATE: October 20, 2004 SUMMARY REPORT SUBJECT: UPDATE AND REVIEW OF STAFF'S ACTION TO OBTAIN ADDITIONAL ESSUs BY EXISTING CEPT PROCESS AND ADDITIONAL POLYMER ENHANCEMENT Summary: The Chemical Enhancement Primary Treatment (CEPT) process was undertaken to obtain additional capacity out of the WWTP facility until the new plant is under construction. The CEPT process permitted the continuation of new sewer connections during the design phase of the plant. Mechanical and hydraulic limitations were reached at the WWTP. The CEPT process was one way of enhancing the waste stream before undergoing both mechanical and hydraulic treatment and thus increasing the overall input capacity of the plant. The CEPT is a process were chemical is added to the sewage and then a "wait and see" review is completed to assure the appropriate amount of chemical and insertion timing do not produce any adverse imbalances within the plant. Since the adoption of the CEPT program staff has been monitoring the results and overall chemical balance of the plant. The results have been very good and indicate an increase in available EESUs up to the maximum (15%) suggested by Brown and Caldwell is warranted based on these results. Therefore, staff is recommending the CEPT treatment process be increased by an additional 460 ESSUs up to a maximum level of 1,380 without any additional chemical use. Further, staff recommends these units be split 50/50 between the City and UVSD. In addition, staff is also conducting tests for augmenting the existing process with enhanced polymer treatments. This study and associated test might result in additional 300-400 units. Staff will discuss this approach and the results to date. RECOMMENDED ACTION: Discuss and question ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: N/A Requested by: Bernie Ziemianek, Public Utilities Director Prepared by: Coordinated with: Attachments: Bernie Ziemianek, Public Utilities Director Candace Horsley, City Manager None ASR: ASR 10-20-04 UVSD&CC #2d 0o (DO O0 0 0'~0 0 ILl I~ 0 0 ~ 0 mmmmm tam q.) L 0 (!.) (D O.9 .oo F-- W 0 O~ W ~0 X ~ 0 W C: > 0 Z ZO rr o~