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HomeMy WebLinkAbout2005-05-18 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 18, 2005 5:30 p.m. 4:00 p.m.: Joint Workshop with the Ukiah Valley Sanitation District 5:30 p.m.: Presentation by Consultant Regarding Water Bonds 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3, APPROVAL OF MINUTES a. Regular Meeting Minutes of February 2, 2005 b. Regular Meeting Minutes of February 16, 2005 c. Special Meeting Minutes of May 4, 2005 d. Regular Meeting Minutes of May 4, 2005 4. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City's Boards and Agencies may be judicially challenged. 1 CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report of Disbursements for the Month of April 2005 b. Notification to Council Regarding the Award of Bid for 3000 Ft. of 750 MCM Aluminum, 600V, Single Conductor Cable, in the Amount of $5,910.55 to Western States Electric c. Award of Bid to Granite Construction Company For the Lump Sum Of $346,190 For The Brush Street Water Main Replacement Project d. Award of Bid to Total Waste Systems For Pick Up and Disposal Of Biosolids From The Wastewater Treatment Plant in The Amount of $33.00 Per Ton e. Approval of Extension of Contract With Jeff McMillen For Golf Professional Services At Ukiah Municipal Golf Course f. Award of Bid for Power Distribution Modeling Software in the Amount of $10,826.89 to SKM Powertools g. Reorganization of Finance Division to Improve Services to Other Departments, Streamline Management Staffing and Control Personnel Costs h. Report of Purchase - Printing of Winter/Spring 2005 Ukiah City View Newsletter i. Adoption of Ordinance Regulating Skateboarding on Private Property Sm 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. UNFINISHED BUSINESS a. Request For Council's Discussion and Possible Adoption Of A Resolution Endorsing SB596 Regarding Choice Voting Methods- Councilmember Rodin b. Consideration and Possible Adoption of Urgency Ordinance Imposing Moratorium on New Marijuana Dispensaries and Direct Staff Commence The Development Of Zoning Regulations for Marijuana Dispensaries c. Discussion of Request For Proposals For Golf Professional Concession Services at the Ukiah Municipal Golf Course d. Consideration of Lease of Golf Cart Storage Facility with the Ukiah Men's Golf Club 8. NEW BUSINESS a. Approval of Mendocino Solid Waste Management Authority (MSWMA) Budget b. Receipt of Letter From Paths, Open Space, and Creeks Commission Regarding Western Hills Trail Project and Discussion of Project Concept c. Discussion and Possible Action Concerning Contract For Water With Mendocino County Russian River Flood Control District and Water Conservation Improvement District 9. COUNCIL REPORTS 10. CITY MANAGER/CITY CLERK REPORTS 11. CLOSED SESSION 12.ADJOURNMENT The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 2, 2005 The Ukiah City Council met at a Regular Meeting on February 2, 2005, the notice for which being legally noticed, at 6:30 p.m. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Finance Director McCann, City Attorney Rapport, Airport Ma~ ;r Richey, Community Services Supervisor Sangiacomo, Planning Director Stut 'ublic Utilities Director Ziemianek, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Rodin led the Pledge of Allegia 3. PROCLAMATIONS/PRES 3a. Presentation Re Mendoci CityManager Horsley provided a historica shelter facility and the City's relationship with new facility. RODUCTIONS Shelter - Foss Mendocino C animal The City co-sponsored the Greg Foss, Director of the Men cooperative relationship between th( He discussed the $2.2 has improved the went on to discus: 'ices at th He went on to working the City Ani Control, advised that the partnership. was built on site and how it nd the volunteer services. He elter such as surgeries and vaccinations. control officer. City Horsl investm~ s been wor~ le. is a success stow and the City's 3. lOC 3b. City She on to discus Treatment Horsley that this :IAL PRESENTATION every year the City honors employees' of the year. Jerry Gall is one of the recipients of this award. She went to the City and his work as the City's Wastewater Jerry Gall thanked staff and the City for the award. 4. APPROVAL OF MINUTES 4a. Regular Meeting Minutes of December 157 2004 City Clerk Ulvila recommended corrections to the minutes on: · Page 7, the last sentence on the page should read "The City Council, by unanimous consent, approved continuation of this matter to the February 2, 2005 meeting." · Page 8, the first paragraph should be deleted from this page and inserted after the discussion under item "1 la." on page 9. Regular Ukiah City Council Meeting February 2, 2005 Page 1 of 7 Councilmember Baldwin recommended a correction to page 5, the first sentence in the second paragraph should read "Councilmember Baldwin commented that the EIR states that the bridge would help meet the City's objectives for relieving traffic on Ford Street without causing any significant traffic impacts." Councilmember Rodin drew attention to the first paragraph on page 5 with regard to the last sentence in the paragraph that begins "consequently". After some discussion concerning the wording, it was the consensus of Counc substitute the word "however" in place of "consequently". M/S McCowen/Rodin approving the minutes of the meeting as amended, carried by the following roi Crane, McCowen, Rodin, Baldwin, and Mayor ABSENT: None. NOES: N( 15, 2004 City Council S: Councilmembers ;TAIN: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Rodin/McCowen approving follows: a. Adopted Resolution 2005-29 A b. Awarded Bid for the New World Mfg. c. Adopted No. 1 Division 7, r 1, Arti~ Division 1, Cha and l ale, the U Entitl~ the Consent Calendar as (Public Utilities Dept.); Liner for Lookout Drive from Amount $5,390.58; City Code Sections 6058 and 6060 in Regulation" and Section 1985 in ,~ation Facilities". Motion McC~ AB,~ :None. roll II vote: AYES: Councilmembers Crane, Mayor Ashiku. NOES: None. ABSTAIN: None. 7. AU :E Warren measure on tower and ambi ~rs ON NON-AGENDA ITEMS efforts by other cities to gain approval of a sales tax )iced his opposition to the Fire Department fire training ce. 8. UNFINISHED IUSINESS 8a. Adoption of Resolution Making Appointment to the Airport Commission 7:02 p.m.: Councilmember Crane left the meeting. The following applicants for appointment addressed the Council with regard to their interest in being appointed to the Airport Commission: Greg Foss, Eric Crane, Allan Hunter, and Carl Steinmann. Airport Manager Richey advised that at the last Airport Commission, the Commission reviewed the applications submitted by applicants and discussed the matter at length. It Regular Ukiah City Council Meeting February 2, 2005 Page 2 of 7 was the Airport Commission's recommendation to the City Council that Eric Crane be appointed to fill the vacancy on the Commission. M/S Ashiku/McCowen nominating Eric Crane to the Airport Commission. Councilmember Baldwin voiced his opposition to sending applications to commissions for recommendation. He felt it important to have a member of the community on the Airport Commission rather than someone affiliated with the pilots association. Councilmember McCowen shared Councilmember sending applications to commissions for ~osition with regard to Councilmember Crane returned to the meeting Motion carried by the following roll call Rodin, Baldwin, and Mayor Ashiku. NO! Crane. ABSENT: None. aldwin. ABSTAIN: McCowen, ~ncilmember M/S Baldwin/Ashiku adopting Resolution Crane to the Airport 'ied by Councilmembers McCowen, Roe and ABSTAIN: Councilmember Crane. ;. .king the appointment of Eric g roll call vote: AYES: Ashiku. NOES: None. 8. UNFINISHED BI 8b. Consideratio Outdoor C Community with regard to Cou~ resolution Pursual consI for Sound Parks Streets, and eKnobh discussed his Staff Report to Council for discussion concerning a proposed ~nd in City parks and outdoor facilities. on, staff two sample resolutions for Council's ;ity Attorney Rapport has reviewed these resolutions. City Rappo~ the two and h explanation concerning the differences between relate to the City's permit process. Discussion to: Defining nd restrictions in the resolution The use of ;ied sound at City parks or in a public forum, and the possible banning of a~ plified sound at certain parks due to the close proximity to residential areas Various activities in which amplified sound might be used, such as weddings People not being aware of the City's restrictions Making a distinction between amplified music and amplified sound, i.e. hearing aides, walkman's, cell phones, live music, and recorded music Having quiet parks Setting the maximum number of groups allowed in certain City parks and in the Alex Thomas Plaza Regular Ukiah City Council Meeting February 2, 2005 Page 3 of 7 Councilmember McCowen was of the opinion that there is not much of a problem with amplified sound in the City at the present time. Community Development Director DeKnoblough explained that staff has researched the matter and contacted other cities with regard to existing resolutions concerning amplified sound. The information presented to Council is a result of that research. He noted that there have been very few noise violations at the parks and the current Noise Ordinance assists in enforcement. Councilmember Baldwin responded to Councilmeml saying that society is reluctant to call and complain ab( icCowen's comment by City Attorney Rapport explained that the policies for community service events. Servic6 ;ctor will develop No action was taken by Council regarding enda 8:00 p.m.: Councilmember Baldwin left the m 8. UNFINISHED BUSINESS 8c. Authorize er to Items 13. & 15 for U rade and of Finance Director M Treatment and WE and complexity. (BWA) has asked January 1 for all Tre; ~rder to ~s to provide for to bring le Contract Line to Financin, the th~ result ol e preliminary work, the Water Pis )rovement Projects have grown in scope this work load, Bartle Wells Associates in the amount of $44,000. On ;ed line item increases totaling $26,645 13, 1 15. All three items deal with public Icoming rate structure changes. He noted that BWA s to discuss water rate adjustments. The contract In, 8:03 p.m.: iBaldwin returned to the meeting. Councilmemb It was his opinion justified and it is the n stated that he does not support this expenditure of funds. is the consultant's job to convince the City that the rates are ;ity's job to explain it to the utility users. Discussion followed with regard to: · How to provide information to the public so they will understand why a rate increase is needed · The amount of Staff time negotiating with the consultant · Having BWA available at radio stations and the media for debates on the issue Regular Ukiah City Council Meeting February 2, 2005 Page 4 of 7 Finance Director McCann explained that this spring, the City will go through some difficult times with regard to rate increases. It was his opinion that it is worth the expenditure for contracting with a consultant, considering the bonds and the work that needs to be completed in a certain timeframe. Any delay would be costly. City Manager Horsley preferred that BWA provide a direct mailing to utility customers rather than including information in utility bills. City Attorney Rapport explained that the matter before Cou~ existing contract. BWA will bill based on their time and BWA got to their dollar limit, they would still have to com a modification of an explained that even if e work tasks. M/S Rodin/Baldwin authorizing the City increase Phase One total to $74,000 plus Staff Report and increase funds budgeted call vote: AYES: Councilmembers Crane. Councilmember McCowen and Mayor tract amendment to expen~ ~s outlined in the ~roject; carried ~ following roll and Vice Mayor . NOES: .BSTAIN ~ne. ABS 8. UNFINISHED BUSINESS 8d. Authorization Notices and Schedule Chan_~es Finance Director McCann briefly di this agenda item ~roval work with staff to m~ rate changes, in ance wi1 roposil irect Con on Pr~ es for a 8. to Mail Proposition 218 Water Utility Rate with Council and noted Wells Associates (BWA) to blic hearing on the proposed M/S Baldwin/Rodi to schedule to arrange for mailing of notices and changes. City the by law. notice The notice utilities. date and also that the content of the Public Hearing notice will and the rate changes in a way that will be ic, and will contain all of the information required under Proposition 218 and the City's Code, a public the City Manager's Report must be available to the public. every property owner of record that is receiving the City's with the utility billing would not be adequate. Motion carried by he following roll call vote: AYES: Councilmembers McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: Councilmember Crane. ABSENT: None. A brief discussion followed with regard to rounding off the dollar amounts for the rates and City Attorney Rapport explained that Staff should not change the numbers. aw UNFINISHED BUSINESS Continue Item "Approval of Resolution Establishing An On-Site Traffic Signal Mitigation Fee for the Airport Industrial Park" to Council Meeting of Regular Ukiah City Council Meeting February 2, 2005 Page 5 of 7 April 67 2005 City Manager Horsley requested this item be further continued to April 6, 2005 to allow for ongoing negotiations with developers in the Airport Industrial Park. By continuing this item to a date certain avoids the expense of renoticing the public hearing. M/S McCowen/Rodin to continue the item "Approval of Resolution Establishing an On- Site Traffic Signal Mitigation fee for the Airport Industrial Park" to Council meeting of April 6, 2005, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: N ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9a. Discussion of Letter Submitted Vice-M~ Development at 100 West Standle~ Councilmember McCowen recused himsel property within 300 ft of the subject the the meeting Luse he owns Councilmember Baldwin discussed the Report and requested that Council determine if Street conforms to Major Site ;nt Permit Ukiah Planning Commission on JL Approval associated with the project and the four-story being co constructed of d the He we Ied to Council ~ the Staff at 100 West Standley which was approved by the to discuss the Conditions of the stucco covered walls noted the third floor is ated tin. Considerable disc · Neig · Corrugated · H~ ir Idings a ,e numb~ uildlines matter, including: stories of those buildings pleasing :ommission decision Ph Director ~ did not in~ Plann were led were condi y that earthqua concrete blocks Staff polled the ined that the plans submitted to the Planning of exterior materials to be used on the building. ~elieve the exterior was going to be stucco and the plans as submitted. He noted that the building permit also noted d be completed on a wall and a contractor planned to use After the penthouse was constructed and a complaint filed, Commission and four out of the five Commissioners stated that the structure was what they expected. City Attorney Rapport clarified that, based on his conversation with Director Stump, the building permit was issued in accordance with the plans. In his opinion there is no recourse. He explained that the Building Official reviewed and approved the plans and Planning Staff approved the plans. He did not think there is anything that can be done since the building permit has been issued. Regular Ukiah City Council Meeting February 2, 2005 Page 6 of 7 Planning Director Stump discussed the Planning Commission's review of this project. He noted that the Staff Report indicated that the walls would be stucco but the plans did not. Staff received the information verbally from the applicant. He further explained that Staff was told by the applicant that the walls would be stucco and the building permit was filed two months after the Planning Commission's decision. There was a small note on the building permit plans indicating that the building siding would be metal. The Staff person reviewing the permit did not see this note. In the future, Staff will require that specific materials be noted on the plans and that building permit plans will be reviewed more carefully. 10. COUNCIL REPORTS Councilmember Rodin reported that former Assembl, seeking a seat on the State Water Board and is re, City Council. inia Strom Martin is of support from the Councilmember Crane reported he ICPA meeting last Folsom. 11. CITY MANGERs/CITY CLERK REPOR' City Manager Horsley reported that if a Cour meeting, they contact Executive Riley an~ alternate representative to attend. magazine to Council. She noted th~ meeting in Ukiah on 11th ar show their support for er cannot attend a committee will make arrangements for the from the Western Cities California Cities division to attend and City Clerk Ulvil 3rted ti she be Commission ~eminar attending a Fair Political Practices and will be out of the office all day. Adj 12. No action G.C, !mployee Desigr with Labor otiator ement Unit Candace Horsley, City Manager 13. ADJOUi There being no fu~ ,usiness, the City Council meeting was adjourned at 10:00 p.m. Marie Ulvila, City Clerk Regular Ukiah City Council Meeting February 2, 2005 Page 7 of 7 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, FEBRUARY 16, 2005 The Ukiah City Council met at a Regular Meeting on February 16, 2005, the notice for which being legally noticed, at 6:41 p.m. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Horsley, Finance Director McCann, Airport Manager Richey, Services Supervisor Sangiacomo, Planning Director Stump, Public Utilities D Ziemianek, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. INTRODUCTION 3a. Introduction of New Employee Community Services Supervisor Sangiac~ Department's newest employee, Building and G the Services Jose Ruiz. 4. APPROVAL OF MINUTES 4a. Re.qular Meetin_q Minutes City Clerk Ulvila advised that due minutes be postponed ure Co she recommended the 4. APPROVAl 4b. Special M/S Rodin meeting a,, Crane, ABS NUT! of Jam and M Worksho the January 19, 2005 City Council roll call vote: AYES: Councilmembers Ashiku. NOES: None. ABSTAIN: None. 5. TO APPEAl Mayor :u read the process. 6. Cl City Manager to item "6f". She 9d Council with regard to their receiving the correct exhibits ~ended that item "6c" be pulled from the agenda. Mayor Ashiku advised that item "6c" would be heard under New Business as item "9g". M/S McCowen/Rodin approving items "a and b", and "d" through "h" of the Consent Calendar and item "c" would be heard as item 9g on the agenda. a. Approved Disbursements for Month of January 2004; b. Approved Budget Transfer of $19,938 from General Fund Reserves to Account 699-1201-800-032 for Environmental Services at the Former Leslie Street Gas Plant by EBA Engineering; d. Adopted Resolution 2005-31 Establishing a No-Parking Zone/Bus Loading Zone Regular Ukiah City Council Meeting February 16, 2005 Page 1 of 8 and Removing Two Bus Loading Zones Along South State Street; e. Received Notification of Procurement of Emergency Cleaning Services of the #2 Anaerobic Digester at the Wastewater Treatment Plant in the Amount of $21,750.00 from Northwest Industrial Scrub; f. Authorized City Manager to Sign an Agreement with Ford Aviation Consultants for Grant Writing/Administration Services for an Amount Not to Exceed $12,000; g. Awarded Bid for Wireless Services to Edge Wireless, Bend, Oregon, Authorized Staff to Negotiate a Two-Year Contract with the City Manager to Execute the Contract; h. Received Report to City Council Regarding the Pun s for the Youth Basketball Program from B.J.'s Embroidery in the Am f $5,000. Motion carried by the following roll call McCowen, Rodin, Baldwin, and Mayor Ashiku. ABSENT: None. cilmembers Crane, Noni ,BSTAIN: None. 7. AUDIENCE COMMENTS ON No one came forward to address the Council. . UNFINISHED BUSINESS Review and Discussio~ Recommendation For Not P M/S McCowen/Crane that any furthe carried by the followin~ vote: Mayor Ashiku. N( ABSENT: None. Fin~ din and Reasons Behind the entech Biomass Pro ect proposal be tabled Crane, McCowen, and :lwin. ABSTAIN: None. . 8b. Di,, City M advi= in~ cent inc UNFINII and if so, h measure which requ Measure that this i' is agendized for discussion of a possible the wording and whether a sunset clause should be The Council tentatively agreed to place a general the election to be held on June 7, 2005 for a half only a simple majority of the popular vote. Finance a Power Point presentation and discussed charts of expenditures ~ues concerning the City's General Fund. He explained that Staff took a approach to forecasting for the future with the consideration of a ~ssible sunset clause included in the ballot measure. The City Council previously agreed to provide a workshop to solicit public comment and discussion regarding the proposed half-cent increase for a general allocation sales tax measure. Considerable discussion followed related to the Staff Report and Finance Director McCann's report of the City's financial status. It was noted by Staff that the charts only show infrastructure funding for $12 million and the costs could be higher if equipment replacement, infrastructure improvements, four police officers and police equipment were added. Regular Ukiah City Council Meeting February 16, 2005 Page 2 of 8 Councilmember Crane stated that he would prefer to schedule another budget session to allow further review of this important matter. Councilmember McCowen concurred that another budget workshop is warranted. He noted that at the last workshop members of the community asked about the revenue accounts of the City, their balances, and how they are restricted. He preferred that discussion be focused on revenue, the Golf Course, electric utility, and the General Fund. He realizes that much of the money is encumbered; he needs to know the meaning of those line items. He also inquired as to ~e cost is for the Fire Department to operate the ambulance service and the of money available in the rate stabilization fund. Public comment opened: 7:10 p.m. Ken Farnsworth, Ukiah, explained that th~ the Police and Fire Departments need to what the City Council will do with the $900? tax would generat~ million and to ~ir shortfall, uired as Public comment closed at: 7:13 City Manager Horsley discussed t concerning the matter. She also dis. be even higher next ~ituatior explained that there additi on clarifying som~ issues an~ ies in recent newspaper articles hi and predicted it would the State's budget. She Staff will continue to work further information to Council. It was the consens 3:30 p.m Ukiah of February 28, 2005, beginning at preference to hold the workshop at the Si City EW BUSINE ,roval of Col Di: when the City Contract For the Pre of an For the Ukiah and Millview C, Water Permit= Amendment Project ested this matter be continued to the next Council meeting d be present. Public comment op, led at: 7:21 p.m. Non one came forward to address the City Council. Public comment closed at: 7:21 p.m. Matter continued to the next Council meeting. 1 NEW BUSINESS Approve Resolution For Membership in the California Statewide Communities Development Authority (CSCDA)~ and Approving the Form of and Authorizing the Execution and Delivery of an Amended and Restated Regular Ukiah City Council Meeting February 16, 2005 Page 3 of 8 Joint Exercise of Powers Agreement and Related Documents with Respect to Membership Therein~ and Authorizing Certain Other Actions in Connection Therewith Finance Director McCann explained that the City's bond counsel requested this matter be agendized. He provided a brief review of his Staff Report. M/S Rodin/McCowen adopting Resolution 2005-32, authorizing and directing execution of an amended and restated Join Exercise of Powers Agreement relating to the California Statewide Communities Development Auth< id related documents with respect to membership in CSCDA, carried by the fol roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, r Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9c. Resolution For the Form Delivery of a Purchase and Sale Respect to the Sale of City of Uki~ the State; and Directing and Connection Therewith Finance Director McCann January 4, 2004 Dennis Huey, item to the Board of Supervisors ar~ with the Resolution for action. He we matter. and Trent and Related ~ments with Fee Re From Other ~ns in ief review Staff Report. He noted that on :or-Controller, presented this returned to the Board action concerning this Councilmember this year instead iting two rs or pos City will receive a minimum of $245,000 more. M/S Lil ABST,~ in connecti, mbers Cran, one. ABSE' 2005-33 approving the form of and delivery of ~se and Sale of the Seller's Vehicle Ihe State; and Directing and Authorizing certain other carried by the following roll call vote: AYES: Baldwin, and Mayor Ashiku. NOES: None. None. 9. NEW 9d. Discussl ~irection to Staff Regarding Possible Participation in Pension Bond Pr~ rams Offered to Selected CalPers Partici encies by the California Statewide Communities Development Authority (CSCDA) Finance Director McCann explained that this agenda item asks for Council direction to (1) pursue participation in the current bond offer being developed, requiring Council action on March 2, 2005; (2) continue research for possible later participation, or (3) decline to expend resources and staff time in further related activity. He went on to review his Staff Report with Council. He noted that the potential benefit to participation is simply the difference in the cost of borrowing money on the bond market vs. the cost of borrowing money from CalPERS, as an Unfunded Actuarially Accrued Liability (UAAL) does. Regular Ukiah City Council Meeting February 16, 2005 Page 4 of 8 Discussion followed with regard to the potential savings or loss to the City, participating in the next round of bond offering depending on the bond market, and it was noted by Staff that it would be a significant benefit to the City to help reduce cost. M/S Crane/McCowen authorizing Staff to further investigate possible participation in the Pension Obligation Bond Program, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. NEW BUSINESS 9e. Authorization of the City Manager to Professional C{ Services Provide Construction Management Treatment Plant Improvement Pro $4~622~730 Public Utilities Director Ziemianek requested the Council authorize the City professional Consulting Services Agreement construction management service~ Improvement Project. He briefly evaluation process and results and from Harris' proposal. Staff believes and qualifications ~e services for the Wa~ Iment covered by nds. TI' ~providt years and he will to months. and Enter Into a and Associates to for Wastewater an Amou to Exceed his Report and egotiate and nter into a ris & Associates to provide )'s Wastewater Treatment Plan rt to Council, highlighting the ement strengths identified the requisite experience construction management ect. 9 entire contract cost will be detailed job schedule for the next three the timeline for the project by a few City of s Staff Discu,, for H the discus.~ ected over ct in those to Directo~ emianek's assessment of the qualifications project manager. Councilmember Crane inquired ect and it was noted by Staff that it is not to exceed issue of possible change orders was also Carl Harris comfortable wit total amount of th time and materials b~ of Harris & Associates, stated that his firm feels they provided and they are looking at ways to reduce the construction time by up to six months. They work on a and this will reduce costs. M/S McCowen/Crane authorizing the City Manager to negotiate and enter into a Professional Consulting Services Agreement with Harris & Associates to provide construction management services for the City of Ukiah's Wastewater Treatment Plant Improvement Project carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. = NEW BUSINESS Regular Ukiah City Council Meeting February 16, 2005 Page 5 of 8 9f. Possible Support of Legislation to Amend Americans With Disabilities Act to Require Prior Notice of Suit City Manager Horsley provided a summary of the American with Disabilities Act (ADA) proposed amendment. She explained that City Attorney Rapport has reviewed the matter and requests Council's support. M/S Crane/McCowen adopting Resolution 2005-34 supporting legislation amending the Americans With Disabilities Act to require notice prior to filing legal action, carried by the following roll call vote: AYES: Councilmembers Crane !wen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. lone. 9g. (Formerly Consent Calendar item "6c" th of a No-Parki /Bus Deputy Public Works Director Seanor disc[ including the history of the Mendocino Transit location. The Traffic Engineering meeting of February 8, 2005 and adjacent property owner has come forward wi1 his Staff ~rity (MTA) bus reviewed this appr. Extending the ,rth State Street with Council, ~g zone at this its regular ,to the City One Discussion followed with regard to= · The possibility of relocating accommodate the property · The utilization of rec curb are; and · Parking rther to the north or south to as bus loading zones Public at m. Mark that th, th, with Io at 444 North State Street, explained in f ,nt of their building. Coldwell Banker is spaces in front of their parking lot and inquired if of the bus zone. Discussl~ · Limi · Constr~ · The .ntinued wit ~rking in ard to: area apartment complex in the area the bus would stop at that location Dan Baxter, MTA representative, discussed the frequency of the bus stops and estimated that 10 buses per day would stop at that location. He explained that MTA is in need of a stop for their Route 7 bus. He was of the opinion that the noise level would remain the same whether or not the buses stopped at that location on State Street. He noted that there had been a bus stop at that location but it was moved when construction began with the apartment complex. Regular Ukiah City Council Meeting February 16, 2005 Page 6 of 8 It was the consensus of Council to continue the matter to the next City Council meeting and directed Staff to examine other alternatives for a bus loading zone for that area. 10. COUNCIL REPORTS Councilmember McCowen reported that he attended a meeting with the Homeless Services Planning Group. They expect to conduct a count of the homeless in early March of this year. He also attended an awards ceremony of the Caregivers Alliance. Councilmember McCowen also requested that the using he railroad depot site as a transit center be agendized for Council di= City Manager Horsley explained that Staff met with expressed interest in working with MTA on this projt week and their staff It was the consensus of the City Council th agenda for discussion. be adde( ~e next Council Councilmember Crane reported that he meeting and they are working on o izing a meetings will be devoted to that :ateboard P; Committee ~d raising plan and their future Councilmember Baldwin reported Sun House and Museum. He discu~ Commission (IWPC) The establishing an d the 4ng $70, [he Advisory Board of the Inland Water and Power Feasibility Study calls for Discussion meeting and the Study sho )ember Baldwin's report of the IWPC that those participating in funding the that may ultimately be available. Ch~ time for hi~ ~es and ce regardir that Senator Chesbro's office contacted her regarding Council meeting and for Council to discuss the Councilmember Osland had spoke to Senator ~e issue of marijuana in Willits. Mayor Ashil Councilmember McCowen attended a LAFCO meeting and Frank Mci 9nded that the current LAFCO members remain in position due to his ~rn with the delay of getting new representatives up to speed on certain complex' This issue will be addressed by the Selection Committee which is comprised of representatives from these other cities. Councilmember McCowen reported that he attended the recent meeting of MCOG and Phil Dow provided a report on the likelihood that there won't be much transportation funding available in the next couple of years. Councilmember McCowen noted that there is some money available for planning and the City should plan now to take advantage of future funding. 11. CITY MANGER/CITY CLERK REPORTS Regular Ukiah City Council Meeting February 16, 2005 Page 7 of 8 City Manager Horsley stated that President Bush is proposing to reduce and possibly eliminate the CDBG funding program and the proposed reduction would cut the CDBG budgets by billions. City Clerk Ulvila advised that March 2, 2005 the Read Across America program will be offered at the Grace Hudson Elementary School and Councilmembers and staff are invited to attend and read to the children. City Manager Horsley advised that Mr. Jarvis, the City's be available during Closed Session. attorney will Adjourned to Closed Session at 8:25 p.m. 12. CLOSED SESSION a. G.C. i54957.6-Conferencewith Employee Organization: Electric Workers) Agency Designed Representative: otiator ternational Brotherh~ Electrical City Manager bi G.C. ,54957.6- Employee Organization: Agency Designed Repres~ nt Unit otiator City Manager Ow G,C. River Wat( Californ :onfert Di - existim ation Jct Court, Northern District of Reconvened at: 1 No action 13. Th~ no furtht City Council meeting was adjourned at 10:15 p.m. Marie Ulvila, Regular Ukiah City Council Meeting February 16, 2005 Page 8 of 8 MINUTES OF THE UKIAH CITY COUNCIL SPECIAL MEETING WEDNESDAY, May 4, 2005 The Ukiah City Council met at a Special Meeting on May 4, 2005, the notice for which had been legally noticed, at 4:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKm Manager Horsley, Finance Director McCann, City Attorney Rapport, Com Services Supervisor Sangiacomo, and Deputy City Clerk Riley. . WORKSHOP DISCUSSION OF MUNICl AND CONSlDERTION OF REG PROFESSIONAL AND GOLF COURSE OPERATIONS PROP _SFOR GOLF AT MUNICIPAL Community Services Director DeKnoblouG summary report and introduced Community ~rief overview o Ihe agenda ervisor Sangiacomo. Community Services Superviso that included a description of the concession services, lement, al pre: d a PowerPoint presentation :e, golf pro and Councilmember R~ Council in 2002 ar that ~dered the fee ~edule was adjusted by the is still out of balance. Mr. DeKnoblough rising exp, be decli~ CPI increases hadn't kept up with the ~ problem, a new fee structure needs to ~nces, inclu~ the downturn of the economy and the the effectiveness of the current schedule. A bri, :ussion fol 000 the number of golf rounds played per year and the the Golf Pro and the Golf Maintenance Supervisor. Councilm~ need for increa~ asked if the Ukiah Men's Golf Club (UMGC) recognizes the in memberships. Mr. DeKnoblough e plained that discussions involving possible ways to restructure the memberships have taken place with the UMGC. Councilmember McCowen inquired how long it would take the UMGC to recover its expenses if the proposal to renovate the cart shed is approved, and what other projects might be funded from future income. Paul Schimmin, member of the UMGC, explained that the Club would hope to recover their expenses within approximately five years. However, the expenses would be amortized, allowing other projects to proceed, which include improvements to the tees Special Ukiah City Council Meeting May 4, 2005 Page 1 of 3 and drainage on the course to improve winter play. He also cautioned against raising the fees so much that play is discouraged. Mayor Ashiku suggested that the Executive Committee work to create a vision for the golf course and develop goals. He asked if the UMGC would be comfortable participating in the process of revising the fee schedule. Mr. Schimmin replied that they would look forward to working with staff on such a project. Councilmember McCowen stated that he would like program, which might include scholarships. ~e a stronger junior golf Councilmember Rodin asked about the back nine holes. refinanci purchase of the City Manager Horsley explained that it UMGC was to get it paid off as quickly as pos~ and t of the Councilmember Rodin inquired possibl~ of the concessions. Golf Pro McMillen explained that expansion due to health de hosts barbeques for ad, eal sel ~ot accommodate such an however, the facility Mr. DeKnobh concessions m~ providing these conces~ S( :ed th ~st appr remo, ately $: the building to accommodate expanded 000. An alternative means of a portion of the building to a City nd there's a Counci ~ber Baldwi the Paths, Space a the fee sche~ out that the Todd Grove Room already has a kitchen facility could be used toward this goal. ;ad a portion of a letter from James Connerton, member of Commission, who encouraged the Council to adjust ;Iolf course continued to cover its own expenses. M/S McCowen/C~ g City staff to work with the Men's and Women's Golf Clubs to develop a 9d fee schedule for Council's review, carried by the following roll call vote' AYES' Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. Tim Baechtel, member of UMGC, explained that the Club has recently presented City staff with its recommendations for the fee schedule. M/S McCowen/Rodin directing staff to bring back to Council the agreement with the UMGC for the cart shed lease, carried by the following roll call vote: AYES: Special Ukiah City Council Meeting May 4, 2005 Page 2 of 3 Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES' None. ABSTAIN: None. ABSENT: None. Councilmember McCowen asked the UMGC for their opinion on the golf pro's Request For Proposal (RFP). UMGC Member Tim Baechtel voiced his support of the current Golf Pro, and he suggested presenting the RFP to the current pro and giving him the option to fulfill it before it goes to the public. Mr. DeKnoblough explained that the previous Council created, and also noted that additional considerati~ document to reflect the changing times and com current pro has had an opportunity to review and sted that a new RFP be Io be included in the explained that the input on Councilmember McCowen suggested th~ Women's Golf Clubs and by the City Attorni meeting. RFP be reviewed Men's and brou~ to Cou~ their next Mr. Baechtel stated that the could review and provide an opinior Committe :P tomo :he Men's and Women's Clubs ight. M/S McCowen/Baldwin a ' Men's and Women's ~bs, Councilmembers , ABSTAIN: None. N !. ::lwJn an, objections from the roll call vote: AYES: ayor Ashiku. NOES: None. 3. ADJOU There b~ ' il meeting was adjourned at 6:00 p.m. Shar iley, Deputy Special Ukiah City Council Meeting May 4, 2005 Page 3 of 3 MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, May 4, 2005 The Ukiah City Council met at a Regular Meeting on May 4, 2005, the notice for which had been legally noticed, at 6:30 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff present: Community Services Director DeKnoblough, City Manager Finance Director McCann, City Attorney Rapport, Community Services Su angiacomo, and Deputy City Clerk Riley. 2. PLEDGE OF ALLEGIANCE Mayor Ashiku led the Pledge of Allegiance. 3. PROCLAMATIONS 3a. Police Officers Week Councilmember Ashiku read the Proclamatio as "Police Week" in the City of Ukiah in honor present, who have rendered a de ;ervice to May 15, 2005 as "Peace Officers' officers who, through their to their community or have become dis~ 15 through y 21,2005 enforcement officers, past and ~mmunity, and further proclaimed or of those law enforcement ultimate sacrifice in service duty. Police Chief William= Ci the ation. 3b. S Fire Chief Latipow who have be hters Charlie Miller and Pete Bushby, them with their badges. 3C, ember Lyme se Week Proclamation proclaiming the first week of May as City of Ukiah. m 4a. Rec Councilmembm panhandling ordinai OF of Jam 2005 pointed out that the motions and seconds on the camping and inadvertently reversed. MIS McCowenlRodin approving the Regular Meeting minutes of the January 5, 2005 City Council meeting as amended, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 4b. Special Budget Workshop & Discussion of Proposes Sales Tax Ballot Measure Minutes of February 1, 2005 Regular Ukiah City Council Meeting May 4, 2005 Page I of 8 MIS McCowenlRodin approving the Special Meeting minutes of the February 1,2005 City Council meeting as presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR MIS RodinlMcCowen approving items "a" through "c" of the a. Approved Agreement with Adelphia Commun Services; b. Received Notification of Bid Award to Install a Protection System on the 0.1 Million (Mg) Companies, Inc. in the Amount of $6 c. Received Notification of Procurement ,ices From Reliance For Emergency Repairs to the Boilers at Pla Amount of $6,169.95. Calendar as follows: Franchise Cathodic to Corrpro Motion carried by the following Rodin, Baldwin, and Mayor Ashiku. AYE~ AB~ Crane, McCowen, :None. ABSENT: None. 7. AUDIENCE COMMENTS ON Benj Thomas ' ' th community recommendations staff. of no more than eight City's budget and provide Ellen Bartholomew Ridgewood time. therapeutic horseback riding program at and the public's support, donations, and 8. BLIC HEAR 8a. inuation of A of the Planning Stum meeting's hea 1st meeting, and of Planni Commission Conditional reens Store on East Perkins Street :plained that this public hearing is a continuation of the last are requesting that the item be continued to the June mmending approval of this continuation. Mayor Ashiku stated he recently surveyed the downtown buildings and was unable to find a significant number of buildings without fiat roofs, and asked the Council to allow staff some flexibility in working with the applicant regarding alternative roof styles. A brief discussion followed regarding the Councilmembers' preferences regarding design and site improvements. It was the consensus of the Council to allow staff some flexibility with the applicant. Daniel de la Peza remarked on the redwood trees at the site. Regular Ukiah City Council Meeting May 4, 2005 Page 2 of 8 MIS RodinlMcCowen continuing the appeal hearing for the Marin Ventures/Walgreens Store project on East Perkins Street to the June 1, 2005 City Council meeting; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 9. UNFINISHED BUSINESS 9a. Introduction of Ordinance Im ' Moratorium on Outdoor City Attorney Rapport provided an overview of the urgency and some of its implications. A brief discussion followed regarding clarifications of the s stipulations. Dane Wilkins, Director of Northern California Caregivers Clinic (UMCC) which expressed its read a United Medical to the pro islation. Noel Fraser, Medical Marijuana Patients community marijuana garden that would be patients, and City staff, and also residential areas from MMPU, NC Marijuana Providers (CAMMP). 'MMPU' in f avo municipal n advisory boa of experts, lations regarding cultivation in Citizens Advisory on Medical Raegene Brown expressed concern and suggested that all m ~rijuana grow their own marijuana, at dispensaries. Larry Puterbau reasons, as even ih, su fenced the pre moratorium on cultivation for safety dangers to the surrounding neighbors. Joe in opposition to the ordinance. M~ see ~nning Corn of this item and stated that she would prefer to its process without the Council's intervention. Bruce Bi ,r agreed oridanance. is no showing of urgency, and spoke in opposition to the Peter Coleman of the urgency ordinance and urged the Council to pass it. Jose Gutierrez against the ordinance and provided the Council with information about Americans for Safe Access. Pebbles Trippet, Medical Marijuana Patients Union, spoke in favor of legitimate medical marijuana users. Tom Wall expressed his opinion that this ordinance is a violation of private property owners' dghts. Regular Ukiah City Council Meeting May 4, 2005 Page 3 of 8 An unidentified male spoke against the ordinance and urged Council to protect the patients. Dr. Peter Kegan spoke in opposition of the proposed ordinance, citing lack of protection for the patients and that the ordinance discriminates against poor people. Sheila Dawn Tracy urged Council to vote no because of lack of urgency and stated that the ordinance, if passed, would be challenged. Ann Whitaker, resident of Fort Bragg, spoke in opposition she favors the existing county regulation. proposed ordinance, as Daniel de la Peza suggested changing the term restrictive to apartment complexes. as it would be Randy Wharff spoke in opposition of the of the item. and does not agrE the urgency Rob Kiggens, Ukiah, spoke against the ordinan growing marijuana indoors. of the hazards presented by Tina Gordon spoke in favor of the Sarah Schraeder s legitimate patients. in favor of protecting the Mayor Ashiku than six plants prior ,hat woul, to if he/she were to start growing more City for an risk even if the ed that the ~ncil would have to show that there is a need growing activity. He pointed out that a foreseeable Council~ confined to are~ ited that marijuana is an attractive nuisance that should be Councilmembe~ stated that the speakers opposed to the ordinance didn't address the danger to neighbors when unregulated backyard growing exists, and expressed his belief ti it anyone legitimately in need of marijuana can access it, even with the proposed ordinance in place. Councilmember Rodin agreed with Councilmember McCowen and expressed her support for the urgency ordinance. Mayor Ashiku spoke in favor of the proposed regulation, believing that it provides an appropriate balance. Regular Ukiah City Council Meeting May 4, 2005 Page 4 of 8 City Attorney Rapport pointed out an error in Section 2 of the ordinance, which should read Division 9 instead of 7. MIS RodinlMcCowen making legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare; and with the amendment to Section 2 to read Division 9; carried by the following roll call vote: AYES: Coun( McCowen, Rodin, Baldwin, and MayorAshiku. NOES: None. ABSTAIN: N~ None. Deputy City Clerk Riley read the title of the Council of the City of Ukiah imposing a moratorium and the growing of marijuana within 300 feet of the Ordinance of the City of marijuana Ukiah." MIS McCowenlBaldwin adopting AYES: Councilmembers Crane, McCowen, None. ABSTAIN: None. ABSENT: None ; carried by the roll call vote: Mayor NOES: 9b. Pro Ordinance City Attorney Rapport introduced of the document. ;d Posted Private provided a brief summary Rod Jones, tenant of ordinance and provid~ tee Sh the his appreciation for the pping center by skateboarders. Joe Rogaway ainst inance. A brief disc clarified e propE apply the sign. City Attorney Rapport also commercial property that is voluntarily MIS call vote: NOES: Non McCowen in S: N: b y Title Only; carried by t he following r oll ;bers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. ABSENT: None. Deputy City Cie of the City of City Code." ~d the title of the Ordinance: "An Ordinance of the City Council g Section 6180.5 to Division 7, Chapter 2, Article 6 of the Ukiah MIS BaldwinlMcCowen introducing Ordinance 1067; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10. NEW BUSINESS 10a. Discussion of Urgency Ordinance Imposinq Moratorium on New Marijuana Dispensaries City Attorney Rapport provided a brief overview of the urgency ordinance imposing a Regular Ukiah City Council Meeting May 4, 2005 Page 5 of 8 moratorium on marijuana dispensaries. Councilmember Baldwin expressed concern that this ordinance shows preference to one type of business and specifically, the two existing dispensaries. Sheila Dawn Tracy asserted her opposition to the ordinance. Dane Wilkins expressed concern about the ordinance, in particular the term "immediately" in reference to the closing of dispensaries, as it implies that ht eventually be shut down. Bruce Buckner voiced his opposition to the ordinance. Joe Rogaway advised the Council regarding ordinance be adopted. liabilitie,,,uld the proposed Jose Gutierrez voiced his opposition to the are a viable option to backyard cultivation. stating Sarah Schraeder explained that patients' dghts are not being taken the I', ~tion and expressed concern that Councilmember Baldwin asked if dispensaries. police calls to the Police Chief Willi plied ne ively. Councilmember that staff ;ussion of the issue and recommended Coum limit mariju; number the urgency of the item and expressed concern that could effectively drive up the price of medical After a ~ssion, it draft an ord ' ' the consensus of the Council to direct the City Attorney to moratorium on new marijuana dispensaries. 10b. Status Report ,n Labyrinth Project at Observatory Park Community Services Supervisor Sangiacomo provided an overview of the Labyrinth Project at Observatory Park. Armand Brint and Martin Bradley explained their involvement in the project and expressed their appreciation for the collaborative partners. Linda McClure expressed her interest in the project. Regular Ukiah City Council Meeting May 4, 2005 Page 6 of 8 10c. Discussion of Maintenance Issues and Corrective Measures For The Ukiah Municipal Swimminq Pools Community Services Supervisor Sangiacomo explained that the filtration system is failing in the small pool and the chemical control system is failing in the large pool. A professional inspection of the pools is planned to provide additional information. Councilmember Rodin asked which costs are included in the City's grant proposal and which are eligible for reimbursement. Mr. Sangiacomo stated that all known costs are included still unclear which might be reimbursable if paid prior to City Manager Horsley asked what the impact migh! be i~'~ Mr. Sangiacomo stated that the chemical and used on the large pool. Without the sma would be significantly reduced. Furtherml percent of the current classes, thereby losing proposal, but it is the grant. could be , however, access wasn't opened. from small pool leneral public be redBced to 20-30 ~n Department. Councilmember Baldwin ex provide a wonderful service for the the necessary repairs, taking some :he pools open, stating that they to locate the funding to make MIS Baldwin staff to make the necessary repairs to the pools, ired $5,000 be taken from reserves, and encouraging staff to reqbest fundi g assista~e from the County of Mendocino. County For The City Owned Property 10d. Consideral Located At 280 Comm~ DeKnobloU§h provided a brief summary of the item and noted rrorS:On the draft lease agreement: Section 2.1 should read April 31 inStead of Dec an~: ~ection 3.1 should read May 1 instead of January 1. There w~ a brief discu~iOn regarding the terms of the lease, and Councilmember McCowen in~ired whethe~ ~e lease could be made retroactive to January 1 2005. , MIS McCowen/~idwin ~roving lease with Mendocino County for City owned property located at 280 EaS~ ~~ley Street subject to further negotiations between staff and the County of MendocinO, carried by the following roll call vote' AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None. 10e. Request For Council's Discussion and Possible Adoption Of A Resolution Endorsinq SB596 Regarding Choice Votinq Methods- Councilmember Rodin MIS Baldwin/Rodin to continue this item on the May 18, 2005 agenda, carried by the following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin, and Mayor Ashiku. NOES: McCowen. ABSTAIN: None. ABSENT: None. Regular Ukiah City Council Meeting May 4, 2005 Page 7 of 8 11. COUNCIL REPORTS Councilmember Crane reported he attended a MSWMA meeting. Councilmember McCowen reported that he participated in NCPA's Washington D.C. lobby trip and felt it was very beneficial. He also attended the NCRA Board meeting and presented the idea of working cooperatively to develop the depot property. He also attended the MCOG meeting. Councilmember Rodin reported that she earned $535 from 1 tax ballot measure campaign. ~ntributors for the sales Councilmember Baldwin expressed his concern for criteria, as well as Hopland's water situation and t County Russian River Flood Control and Water Im Improvement Program's with the Mendocino District. Mayor Ashiku reported that he met with Committee requested that the Mayors and Selection Committe~ LAFCO. The for general ;ussions. 11. CITY MANGER/CITY CLERK REPORTS City Manager Horsley stated that May Alex Thomas Plaza. be the first Farmers' Market at 12. CLOSED SESSION Government Council - Committee of Uki ,Case With al borhood 0594063 13. ADJOURNMI There bein meeting was adjourned at 10:55 p.m. Shanr ey, Deputy Regular Ukiah City Council Meeting May 4, 2005 Page 8 of 8 ITEM NO.: ~ DATE: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 2005 Payments made during the month of April 2005, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 61295-61466, 61543-61724, 61795-61884 Accounts Payable Manual check numbers: none Payroll check numbers: 61215-61294, 61469-61542, 61726-61794 Payroll Manual check numbers: 61467-61468, 61725 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 April 2005. 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:Mike McCann, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: Candace Horsley, City I~ager KRS:WORD/AGENDAFAPR05 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF APRIL 2005 Demand Payments approved: Check No. 61295-61362, 61363-61466, 61543-61624, 61625-61724, 61795-61884 FUNDS: 100 General Fund $232,479.60 611 131 Equipment Reserve Fund $9,053.09 612 140 Park Development $15,535.97 620 141 Museum Grants $2,812.90 640 143 N.E.H.1. Museum Grant 652 150 Civic Center Fund 660 200 Asset Seizure Fund $4,643.69 661 201 Asset Seizure (Drug/Alcohol) 664 203 H&S Education 11489 (B)(2)(A1) 670 204 Federal Asset Seizure Grants 678 205 Sup Law Enforce Srv. Fd (SLESF) 679 207 Local Law Enforce. BIk Grant $1,666.66 695 220 Parking Dist. #10per & Maint $336.39 696 230 Parking Dist. #1 Revenue Fund $35.00 697 250 Special Revenue Fund 698 260 Downtown Business Improvement 699 301 2107 Gas Tax Fund 800 315 Airport Capital Improvement $440.00 805 330 Revenue Sharing Fund 806 332 Federal Emerg. Shelter Grant 820 333 Comm. Development Block Grant $16,209.00 840 334 EDBG 94-333 Revolving Loan 900 335 Community Dev. Comm. Fund 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 $6,060.13 962 550 Lake Mendocino Bond 965 575 Garage $1,927.98 966 600 Airport $51,651.17 975 976 PAYROLL CHECK NUMBERS 61215-61294 DIRECT DEPOSIT NUMBERS 23689-23824 PAYROLL PERIOD 3/13/05-3/26/05 PAYROLL CHECK NUMBERS: 61469-61542 DIRECT DEPOSIT NUMBERS 23825-23959 PAYROLL PERIOD 3127105-419105 PAYROLL CHECK NUMBERS: 61725-61794 DIRECT DEPOSIT NUMBERS: 23960-24091 PAYROLL PERIOD 4/10/05-4123/05 VOID CHECK NUMBERS: NONE Sewer Construction Fund City/District Sewer Special Sewer Fund (Cap Imp) San Dist Revolving Fund REDIP Sewer Enterprise Fund Sanitary Disposal Site Fund Sanitary Disposal Replace 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 Mixing Zone Policy JPA TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $60,545.87 $474,22O.98 $19,990.61 $24,864.80 $5,087.80 $31,555.64 $4,770.09 $433.97 $23 968.24 $8 753.73 $2 408.16 $800 828.34 $9 086.50 $16 716.98 $48 030.54 $352 450.95 $10 599.84 $129491.56 $274,007.24 $2,515.15 $2,269.16 $916.42 $30,271.26 $13,445.20 $2,690,080.61 $67,762.29 $180,211.01 $508,3O4.96 $3,446,358.87 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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O O O · 0 0 H H H O0 O0 O~ O~ i OH © ~ 0 0 O~ rJ · o > C~ 00 O0 0 00 o~ 000 0 0 0 oo~oo~oo~o ~00~00~0~0~ 0000~0~000 ~° HHHNN~NHHNHO oo~ · 0 0 · , ~0 O~ O~ O~ H ~0 U ' 0 > 0 00 00 [I3 O~ 0'~ B$ 0 O0 ~°°~°~°°~ ~ ~ O0 0 O0 oo oo oo o~oo oo~ oo oo oooooooooooo ooooo oooooooo o 0 ~oo~oo~ ~ ~0 O0 ~ 0 · ~o~oo~o~oo~oo§~oo~o~OO~o oo o oo oo oo o oo 0000000000000000000000000000 0000000000000000000000000000 ~oo~o~oo~oo~oo~o~~~o O0 0 O0 O0 O~ O~ ~ 0 0 O3O O0 O~ ~Hh~ ~H ~H ~H H H 000000000000000000000000000 H ~0 ~J . ~0 0 > 0 0 00 00 o 0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 0 0000000000000000000000000000000000000000 0000000000000000000000000000000000000000 ..... .......... ..... ............... ..... 0000 ~0 00~ ~0 ~ ~ ~0 O~ 0 O0 0 ~ ~ 0 O~ 0 O0 · ................,................ ..... . 00000000000000000000000~0~0~~000000~ 000000000000000000000~0~~~0~~0~ oo o oooooooooooo oooooooooooo o o o o o o o o o o o oo 0 0 O0 000000000000 0 0 ~ ~ 00~ 00000000~00 00000000~00 H 0 H~ ~0 0 0 ~°~ , 0 0 , 0 0000 o ~000000000000 lDO 0~ 0 <2> {2> 0 i 0 o u~ o ~0 o o o o ~° o oo o c~ c~ o o o o oo c~ c~ o o o o o o o o o o o o o o o o c~q ~q o~ o o o ~ ~r~ · ~ o'3 © o o o o o o , o o 0~ 0~ u3 [13 · o~ 0~ 0~ H H 0 0 o o o o ~ ° o · , ~ ° rO · o o · 0 · o 03 o oo ~0000 o o AGENDA SUMMARY Item No.~,4-'Z - Date: May 18, 2005 REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 3000 FT. OF 750 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE, IN THE AMOUNT OF $5,910.55 TO WESTERN STATES ELECTRIC In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,000 but less than $10,000. A Request for Quotation (R.F.Q.) through the informal bid process was sent to nine suppliers. Eight bids were received by the Electric Department on April 27, 2005. Bids were evaluated on price and delivery time. The lowest bidder was Stephens, McCarthy & Landcaster with a bid of $5,308.88 to be delivered in twelve to fourteen weeks. In order to keep the crews on a timely work schedule to complete upcoming projects, staff issued a purchase order to the next lowest bidder, Western States Electric in the amount of $5,910.55 including tax and freight, with a delivery time of six weeks. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2004/2005 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Western States Electric for the sum of $5,910.55 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid results APPROVED: ~..~J~;~~~~ Candace Horsley, City Manager Attachment #1 BID RESULTS 3000 FT. 750 MCM ALUMINUM~ 600V~ SINGLE CONDUCTOR CABLF STEPHENS, MCCARTHY, LANDCASTER WESTERN STATES ELECTRIC LAKE COUNTY ELECTRIC SUPPLY AMERICAN WIRE GROUP G.E. SUPPLY COMPANY CONSOLIDATED ELECTRIC SUPPLY CHAMPION WIRE & CABLE WESCO (bidding 10,000') $5,308.88 $5 910.55 $6,016.73 $6,113.25 $6,206.56 $6,579.79 $6,650.57 $22,168.58 ITEM N O.-~C. DATE: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO GRANITE CONSTRUCTION COMPANY FOR THE LUMP SUM OF $346,190 FOR THE BRUSH STREET WATER MAIN REPLACEMENT PROJECT. BACKGROUND: A Request for Quotation (RFQ) through the formal bid process was sent to fourteen (14) Builder Exchanges and three (3) Contractors. Two bids were received and opened by the Deputy City Clerk on April 19, 2005 at 2:00 p.m. The bids were evaluated by staff and the Iow bidder was Granite Construction Company submitting a total bid of $346,190. The second bid was from Terra Con Pipelines Inc. for the sum of $375,000. Construction funds for the installation of the replacement water main and appurtenances in Brush Street from HWY 101 through State Street is included in the 2004/2005 Budget- Account No. 840.38500.800.000. RECOMMENDED ACTION: 1. Award bid to Granite Construction Company for the sum of $346,190 and authorize the City Manager to sign the Contract Documents. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Bernie Ziemianek, Director of Public Utilities Prepared by: Tom McArthur, Water/Sewer Engineering Technician II Attachments: 1. Bid Results APPROVED:t~~~'- --~, Candace Horsley, City Man~ger Attachment #1 BID RESULTS BRUSH STREET WATER MAIN REPLACEMENT APRIL 19, 2005 GRANITE CONSTRUCTION COMPANY 346,190.00 TERRA CON PIPELINS INC. $375,000.00 ARGONANT CONSTRUCTION NO BID ITEM NO. DATE: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: Award of contract to Total Waste Systems for Pick up and disposal of Biosolids from the Wastewater Treatment Plant in the amount of $33.00 per / Ton. SUMMARY: The City of Ukiah's Wastewater Treatment Plant treats and processes approximately 900 tons of Class "B" Biosolids annually. Requests for bids were sent to Lone Tree Trucking of Byron CA. Synagro Inc. of Oakland CA. and Total Waste Systems of Santa Rosa CA. for pick up and disposal of Biosolids in a manner which would ensure the City receive recycling and beneficial use credit. I.E. land application, composting, alternative cover and cap. Total Waste Systems submitted the only bid at $33.00 per / Ton. Funds for Biosolids disposal have been budgeted in Enterprise Account 612-3580-690-000. This is a two year contract. RECOMMENDED ACTION: Award bid to Total Waste Systems at $33.00 per / Ton. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject the proposal and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Bernie Ziemenek, Director of Public Utilities Jerry Gall, Wastewater Treatment Supervisor Candace Horsley, City Manager 1. Bid Results APPROVED: ~"~~~~ Ca--~dace Horsley, C~ Manager CITY OF UKIAH 300 SEMINARY AVENUE ' UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Pick UP and disposal of Class "B" Biosolids produced and stored at the City of Ukiah Wastewater Treatment facility SPECIFICATION NO. DATE: .April 29, 2005' TIME: 2:00 p.m. COMPANY SYNAGRO TECHNOLOGIES, INC. 1800 BERING DRIVE, SUITE 1000 HOUSTON, TX 77057 ,,AMOUNT Marie Ulvila, City Clerk Bids:Biosolids pick up & disposal ITEM NO. 5e DATE: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF EXTENSION OF CONTRACT WITH JEFF MACMILLEN FOR GOLF PROFESSIONAL SERVICES AT UKIAH MUNICIPAL GOLF COURSE As indicated during the May 4 workshop, the contract with Jeff McMillen for golf professional services at Ukiah's municipal golf course expired on April 31, 2005. Also discussed at the workshop was the Request For Proposals (RFP) for golf professional services, which staff is in the process of distributing and which the current pro will be participating. Staff believes it will take at least three to four months to complete the RFP distribution process and complete a new agreement, during which time the continuation of pro services will be required. As such staff is recommending Mr. McMillen's contract be extended for six months under the existing terms and conditions. A copy of the' existing agreement is attached. 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 N/A Larry W. DeKnoblough, Community Services Director ~,,L.~ Candace Horsley, City Manager and Sage Sangiacomo, Community Services Supervisor 1. Current Contract APPROVED. ~~"~ LO/ZIP2 Candace Horsley, City Manag% GolfP roContract05.18.05.Asr GRANT OF LICENSE AND CONCESSIONS AT UKIAH MUNICIPAL GOLF COURSE AND INDEPENDENT CONTRACT FOR GOLF PROFESSIONAL SERVICES .~,TTACI-IUENT / THIS AGREEMENT, made in Ukiah, California, this/.-'"f'day of ~'~/2,'~,e'~, 000,' by and between the City of Ukiah, a municipal corporation, hereinafter called "City," and J'eff 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 McMillen, 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 min~rs, and golf cart rentals. Such concessions shall be operated by Pro for his own profit, a. nd 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 pull 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 finahbial 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 dght 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.'! 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 times'for 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 all 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. Ali 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 d~ss 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. 4. 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 "c." 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 all 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 either 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 toumaments 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 fulI payment'for all services rendered by Golf Pro to City. 7. Inventory 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. ..T. ermination 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 ali 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 i'ine 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 iricur as a result of Pro's breach of contract CITY O~L~IAH · Ca-~a~:e Horsley '"~ LDIAGREEMENTS GOLFPRO.CON ,, GOLF PRO .~= McMillen Item No: 5f Date: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID FOR POWER DISTRIBUTION MODELING SOFTWARE IN TH~: AMOUNT OF $10,826.89 TO SKM POWERTOOLS. ., The Electric Department is currently handling all the calculations for load balancing, transformer loading, relay protection and coordination. The purchase of this software will save a tremendous amount of time and maintain the City's electrical system at a higher level of efficiency. Two power distribution software packages were evaluated for capabilities in modeling a power distribution system, ease of use and technical support. The Integrated Electrical Analysis and Time Overcurrent Coordination Software from SKM Powertools were selected as being the most adaptable to the City of Ukiah's electric system and requiring the least amount of training for Staff. Purchase of power distribution modeling software was introduced and approved in the Mid- Year Budget Adjustment Staff Report presented on April 6, 2005. Sufficient funds are available in account 800-3642-690-000 for this purchase. RECOMMENDED ACTION: Award bid for Integrated Electrical Analysis and Time Overcurrent Coordination Software in the amount of $10,826.89 to SKM Powertools. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bid and direct Staff to re-evaluate software packages. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Bernie Ziemianek, Director of Public Utilities Cindy Sauers, Electrical Distribution Engineer Candace Horsley, City Manager None APPROVED: ~y, C~M Candace Horsle anager AGENDA ITEM NO: 5g MEETING DATE: May 18, 2005 SUMMARY REPORT SUBJECT: REORGANIZATION OF FINANCE DIVISION TO IMPROVE SERVICES TO OTHER DEPARTMENTS, STREAMLINE MANAGEMENT STAFFING AND CONTROL PERSONNEL COSTS This agenda item requests Council approval for a re-organization plan for the Finance Division designed to increase capacity in the City's information technology ("IT") area and streamline the organization chart without increasing overall personnel costs. As is standard practice whenever positions are vacated, staff composition and counts were carefully reevaluated with a fresh eye towards current needs. The City Manager, Personnel and the Finance managers developed this plan including the combination of two management positions recently vacated by internal promotions into one position. The duties of the Utility Customer Service Supervisor and Accounting Manager will be consolidated into this new position as the Accounting Operations Manager. The plan distributes clerical work performed by the prior incumbents onto several related specialist desks, supported by a new half-time data entry position. This consolidation allows us to redirect Finance Division personnel expense dollars to fund a new IT position, providing a direct benefit to all of the City's operating divisions, giving them more timely support, better training resources and backup of key knowledge and skills in this mission critical area. (continued on page 2) RECOMMENDED ACTION: Approved the planned divisional reorganization. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide staff with alternative direction. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Mike McCann, Finance Director Candace Horsley, City Manager Melody Harris, Personnel Officer 1. Finance Division Organization Chart 2. Job Descriptions: a. Accounting Operations Manager, b. Information Technology Specialist, and c. Accounting Clerk Candace Horsley, ~y Manager Information Technology (IT) has grown enormously as a field of knowledge, volume of activity and range of services provided. The issue of spam, hackers and viruses has evolved into a full fledged war, requiring intelligent aggressive effort from our staff to keep our systems secure and operational. The City's IT division supports multiple networks, land and cell phones, several generations of computers and operating systems as well as numerous departmental software applications. IT manages the purchase and installation of computers, telephones and related technology products and services. The IT Supervisor has attempted to manage this growing avalanche of needs and opportunities with only one half-time staff member, usually young, with a mixed understanding of the technology but little grounding in the working world. This plan upgrades the IT Staff position to a regular full time status, designed to be attractive to a more mature candidate with both the technology and people skills needed to succeed on a long-term basis. The new Organization Chad developed in this plan has four positions reporting directly to the Finance Director: Accounting Operations Manager, IT Supervisor (with one staff member), Purchasing Supervisor and Payroll Officer. The later three staff positions are all occupied by experienced and effective individuals who will be expected to work as a team with little daily supervision. We are attempting to streamline the organization by having all clerical staff report to single manager and utilizing highly skilled professionals in their specialties. We will be monitoring and evaluating the evolution of this plan as new staff comes up to speed and the team adjusts to changing expectations. This is a major change in the structure of the Finance Division and it will take some time to determine if the unit can operate properly at this staffing level. If additional needs are identified we will return to the Council with further recommendations. Staff requests approval to move forward with the reorganization, beginning recruitments as soon as possible. Finance Department Reorganization Page 12 of :2 May 18,2005 Senior CSR Collections B Babcock CSR III K McLellan CSR III L Martin CSRI Cashier K Maguire Utility Clerk 24 hours N VanHousan! Acctg Ops Manager Open Field Services J Scott Meter Reader J Walker Mtr Reader 32 hours C Corbett Mtr Reader 20 Hours E Vigil Finance Director M McCann Payroll Officer E MacFarland Accounts Payable K Sechrest CSR II Misc AR K Norris Part Time Acctg Clerk Open Purchasing Officer M Horger Info. Tech Spv. P Klingbeil Info Tech Staff Open Utility Clerk 32 hours Open Finance Division 5/11/2005 Org Chart VACANCY ANNOUNCEMENT Accounting Operations Manager A.i-rACHMENT, c~ ~ _ I I IIII I DEFINITION Under general direction of the Director of Finance, supervise custome~ customer billinq, customer service, cashier and collection activities includinq electric, water, sewer, garbage and the and miscellaneous accounts receivable personnel and perfo preparation and maintenance of the City's accounting records,4__ system closes; assist in preparation and control of City systems; provide highly technical and staff assistance t~ management assignments; and do related work as as desigr of Fi~ team in performing Ukiah's utility services accounts payable __~ting tasks involved in the ly and annual accounting mplement accounting in a variety of fiscal EXAMPLES OF DUTIES (E= Essential Duty; - Supervise or perform selection, trainin.q and eval~ for customer serv~ receivin( collecti, accounts payable and miscellane( - Reconcile monthly bank accounts eral ledger -- of 'f responsible electric meter reading and service, ctions. (E-M) Review monthly billing and collectior - Supervise preparation of general I adjustments. Prepare year-end accrua-- - Prepare monthly ~diture, - Supervise timely - Ensure that billing instructions for Jtility acco State Regulati¢ - Answer difficult an~ indepem - Su ins - periodic ~, etc. (E) - Su e accounting p - C~ accounting a, - Coordin nual financ - Assist in research. C( Design and imp lication uent are sch .neral ledger. (E) __~ntries and annually), including entries. (E) (E) utility rate changes. (E) collection notices, final notices, and disconnect ~d and produced in compliance with Municipal and over the phone and in person using situations. (E) system and reports necessary for the annual audit and coordinate periodic physical inventory of fixed assets. (E) federal agencies as required, ie. sales tax return, fuel sales ~nance of general accounting records. (E) ies with other City departments and outside agencies. (E) ~udit and any other required audits or regulatory reporting, (E) annual City budget, including projections, forecasts and analytical ration of the Finance Department budget. (E) ance and accounting applications. (E) - Monitor and audit programs and special projects. (E) - Develop procedures for implementation of new accounting rules. (E) - Other duties and projects as assigned. AcctMgr2005.doc 5/12/2005 Page 1 of 3 QUALIFICATIONS Knowledge Of: - Principles and practices of supervision, municipal accounting, auditing and budgeting. - Generally accepted accounting principals issued by the Governmental Accounting Standards Board. - Grant management and auditing requirements, including OMB A-133 and A-87 requirements. - Ordinances, resolutions and laws affecting municipal financial operati - Operation of computerized financial systems (general ledger, accou~ purchasing, payroll, encumbrances, cash receipts, utility and miscellaneous billing fi ;et and project accounting. - Spreadsheet and word processing software. - Local area networks and wide area networks. - Modern office practices, procedures, equipment and ~chniques as applied to municipal accounting. Ability To: - Analyze and interpret fiscal and accounting - Apply and adopt established methods to a var - Supervise, evaluate and train assiqned staff. - Document policy and procedures established to impl~ - Prepare concise and accurate repo distribution - Interpret and make operating and policies. - Identify changes in policies or procedu - Communicate clearly and concisely, - Establish and maintain of work, including - Use and operate understand s - Sit and work on - Lift up to 40 - Work e :er and eets. the !cial nd data. accounti s an( accepted accounting principals. ement and City Council. with laws, regulations and ~cy and effectiveness. ,with those contacted in the course ich requires manual dexterity, and develop and time. Is when required. EDUt AND Bacl Degree in ac, Five )f increasingly direct ~eral le ly related field with an emphasis on data processing preferred. ~ssional experience in accounting and two years experience in ler responsibility and municipal experience preferred. SPECIAL EMENT: Possession of .lifornia Driver's License. PROBATIONARY PI Employees serve a nth probationary period. If performance is not satisfactory, an employee may be terminated without cause and recourse during this time. APPLICATIONS Applications must be filled out completely and received bythe Personnel Department by 5:00 p.m. on the final filing date. Resumes are encouraged, but cannot be accepted in lieu of an official application unless specified. All statements made on applications are subject to investigation and verification. False statements will be cause for disqualification or removal from the Eligibility List. AcctMgr2005.doc 5/12/2005 Page 2 of 3 SELECTION Applications will be reviewed and those applicants who appear to be among the best qualified will be selected for the examination process. This process may include a variety of techniques designed to test applicants' knowledge, skills, and abilities to perform the duties and responsibilities of the job. An Eligibility List will be established by ranking candidates by their overall s( a selection will be made from the candidates on this list. Employment offers may be subject to a physical, reference and background check. SALARY: $4,078 - $4,957 per month, plus medical, dental,vision I, ife,~Fance cover and sick leave. The City is a member of Em. liil~ the Public s Retirement plan, and 7% of the employee's PERS contribution i~aid by the City. and deferred compensation programs are availabl~ FILING DATE Submit a completed City of Ukiah applk later than 5'00 p.m. on applications will not be considered. NOTE TO APPLICANTS: Y~ work in the United Stat~ verification of this requi~ II be ~e of ar aid holidays, vacation, has a 2.7% at 55 ion membership form to the Office, 300 Seminary Avenue, no ations re¢ after the deadline or incomplete no~our citizenship or legal right to Employment will be subject to The provisions of this bulletir modified or City national ori, In acc, with the Am~ ease notify the Pe~ occurr testing. 04/05 :ual orientation, a~ contract. Any provision contained in the bulletin m---ayb and does not discriminate on the basis of race, colo sability or marital status. __ies Act (ADA), if special accommodations are necessary at any stage of the testin in advance at (707) 463-6244 so your request may be reviewed prior to th AcctMgr2005.doc 5/12/2005 Page 3 of 3 ATTACHMENT Vacancy Announcement Information Technology Specialist DEFINITION Under general direction of the Finance Director and direct supervision of the Information Technology Supervisor, the Information Technology Specialist performs informati gy work in the support and maintenance of the City's technology based informatio~ Work is performed within a broad framework of general policy and requires creativity ~sourcefulness to accomplish goals and objectives and to apply concepts, plans and strategi deviate from traditional methods and practices. EXAMPLES OF DUTIES (E= Essential Duty; M=Major These examples are intended only as illustrations of allocated to this class. The examples of encompassing of the duties to be performed unl ~rious types of work rformed neither re,, in positions nor all - Assist with installation, configuration, and maintainance file servers, e-mail server, application and print sE- - Configure, install, administer, and m City desktop applications. (E,M) - Troubleshoot hardware and software appl - Update hardware and software as directed - Assist in coordinating ir of new networks. (E) - Monitor and m~ - Provide direct su - Backup and restorati~ - Assist in administration system I~ - Autho - shoot teleph (E) - and partici required - Participate ~rgency c - Other duties ~d traini ~site(s). (E,I Io users. (E) cri' City's network, wide area network, (E,M) ,uter equipment and software into existing systems and ith (E) :e periodic security checks, perform audits of nd maintain necessary documentation of authorities assigned. and equipment issues and coordinate repairs, as City departments and agencies on technology projects as ut and after hours support. (E) QUALIFICATIONS Knowledge of: - Information system technologies. - Network and computer security practices. - Networking, LANs & WANs, Midrange Systems Servers, PC's and Printers. - Word processing, Spreadsheet, database, website, and desktop publishing techniques. - Capabilities, limitations, characteristics, and uses of computer and records information systems. IT Spcl.doc 5/12/2005 Page 1 of 3 - Practices and procedures of repairing microcomputers, computer networks, peripheral devices, cabling, and telecommunications equipment. - Applicable local, State, and Federal technology regulations. - Hazards and generally accepted safety standards. - City ordinances and administrative rules and regulations affecting departmental operations and personnel matters. Ability to: - Install, and maintain technical and complex programs. - Read, interpret, and apply complex technical publications, manua - Train individuals or groups in using computer system hard' understand manner. - Set up, troubleshoot, and perform routine mainten~ equipment. Effectively work with staff members of all computer s. Organize and perform work effectively and efficie~ Understand the organization and operation of Coordinate and work independently in the absence Communicate clearly and concisely, both orally and in Establish and maintain effective ships with Maintain information technology Work flexible hours, which may include Maintain a driving record acceptable to th Lift up to 50 pounds regularly. comp, related documents. software in an easy-to- ;ystems and related :le agencies as y. contacted in the course of work. weeker carrier. EXPERIENCE AND EDU - High schoold - Bachelor of Arts - Four years of ex local switch - ars work exp and uivalent ,nd application software, personal computers, laptops, LCD projectors, printers, routers, mall tools, and standard office equipment. Technology support, training or analysis. LICENSl D CERTIFIC~ - Possessi~ - Possession a Class C driver's license. or MCP Certification preferred. SPECIAL REQU - Lift moderately heavy computer equipment up to 50 pounds routinely. - Ability to use small hand tools, including those battery/electrically operated, requiring manual dexterity. - Sound and visual perception and discrimination. - Tasks are occasionally performed with exposure to adverse environmental conditions. PROBATIONARY PERIOD IT Spcl.doc 5/12/2005 Page 2 of 3 Employees serve a six-month probationary period. If performance is not satisfactory, an employee may be terminated or returned to their former position without cause and recourse during this time. APPLICATIONS Applications must be filled out completely and received by the Personnel Department by 5:00 p.m. on the final filing date. Resumes are encouraged, but cannot be accepted in lieu of an official application unless specified. All statements made on applications are subject to inv lation and verification. False statements will be cause for disqualification, removal from con~ ~on, or discharge from employment. SELECTION Applications will be reviewed by a screening committee an~ among the best qualified will be selected for the examinat variety of techniques designed to test applicants' knowh and responsibilities of the job. An Eligibility List will overall score and a selection will be made th subject to a City paid physical and thorough who appear to be TI ,cess may include a and abiliti )erform the duties shed by rankin~idates by their this list. Em[: offers are checks. SALARY $3,198.78 - $3,888.14 per month, plus holidays, vacation, and sick leave. The Retirement System (PERS), 2.7% at 55 in the employee's base salary and is paid by Plan System, Credit Union membership and a I, dental, vision, th is a member 7% of the City ;urance coverage, and paid Public Employees contribution is included ides employees with a Flex ~ram are also available. FILING DATE Submit a completed later than 5'00 p.m applications will not be co Ukiah ication form 2OO5. A [he Personnel Office, 300 Seminary Avenue, no received after the deadline or incomplete The provisions modified or origin, ancestry, sex, In accordance with the Am process, please notify the occurrence of testing. 3:\pa\IT Spcl 2005 do not of Ukiah i,, iitute an expressed or implied contract. Any provision contained in the bulletin may be Equal Opportunity Employer and does not discriminate on the basis of race, color, national age, disability or marital status. Disabilities Act (ADA), if special accommodations are necessary at any stage of the testing ~el Department in advance at (707) 463-6244 so your request may be reviewed prior to the IT Spcl.doc 5/12/2005 Page 3 of 3 VACANCY ANNOUNCEMENT ATTACHMENT_ ACCOUNTING CLERK (Part-time) DEFINITION Under direct supervision, to perform a variety of clerical accounting and billing functions, assist with processing journal entries, preparin! and checks, receiving utility payments, and provide support for fi~ partment office functions as assigned. EXAMPLES OF DUTIES: These examples the various types of work performed. The neither restricted to nor all-encompassin! this job title. (E= Essential Duty; M=Ma of the d~ties to be ~e) illustrations of ~d are ·med under - Assist with the analysis of accounting recordi journal entries in good order :orrect use of principals in a fund accounting - Perform accurate data entry o~ computer programs involving num - Accurately file acco and billin - Assist with the collection no! al notic~ accounts an( - Perform data ent. (E-M of acc accour P occas n ary. - Ih receivin~ entry t, a~ - Perform ~duties prepare a variety of routine rally accepted accounting billing and other ments. (E-M) .of utility'~ ents, delinquent letters, utility and miscellaneous billing vendor invoices and production of ) Customer Service Representative I/Cashier as and on the telephone. (E) utility payments and performing accurate data (E) assigned. QUALIFICATI~ ,Knowledge of: - City utility ordinances and resolutions. - Basic accounting principles. - Computer operations. - Office practices, procedures, equipment and standard clerical techniques. Ability to: - Understand and carry out oral and written instructions. - Work under pressure to meet established deadlines. - Operate office and mailroom equipment. - Maintain harmonious and cooperative working relationships with other City employees and the public. - Lift up to 40 pounds, EXPERIENCE One year of office experience in a computerized accounting or billing environment. ,.EDUCATION Graduation from High School or GED. Additional coursework in business, accounting, computer science, or a closely related field ;d. SPECIAL REQUIREMENT Possession of a valid Class C California Driver's Li~ APPLICATIONS Applications must be filled out compl~ Department by 5:00 p.m. on the final cannot be accepted in lieu of an official statements made on application are subject False statements will be cause ualificati~ or discharge from employment. by .... are en, led, but unless s All ation and verification. ~oval from consideration, SELECTION Applications will be who appear to be process. This applicants' knowle res candid; candi ;s on thi tho~ by a best qual include a and ab ~ng ittee and those applicants will be selected for the examination of techniques designed to test ;s to perform the duties and List will be established by ranking a selection will be made from the offers are subject to a City paid physical and checks. HOURLY !E $12.00 per personal days associated with th FILING DATE per week. Specified holidays, sick leave, and on a pro-rated basis. There are no other benefits -will position. Submit a completed City of Ukiah application form to the Personnel Office, 300 Seminary Avenue, no later than 5:00 p.m. on Applications received after the deadline or incomplete applications will not b(~ considered. NOTE TO APPLICANTS: You will be required to submit verification of your citizenship or legal right to work in the United States at the time of an offer of employment. Employment will be subject to verification of this requirement. 3:RECRU IT/UTILITY.SU p AGENDA ITEM NO: 5t~ MEETING DATE: May 18, 2005 SUMMARY REPORT SUBJECT: REPORT OF PURCHASEmPRINTING OF WINTER/SPRING 2005 UKIAH CITY VIEW NEWSLETTER The Winter/Spring 2005 Ukiah City View newsletter (Attachment 1) was recently distributed to the citizens of Ukiah in their utility bills. 8,000 double-sided color copies of this publication were printed at Creative Workshop, who offered the lowest price by 70 cents or more .per copy. This publication is usually printed electronically; however, the City's desktop publishing software (Microsoft Publisher)is no longer compatible with the offsite printer's systems. Repeated efforts to make Publisher work with the printing process were all unsuccessful. Ultimately, staff had to default to the costlier process of making color photocopies, adding approximately $4,000 to the process. For the 2005-2006 fiscal year, the Administrative Support Department will budget for new desktop publishing software, thereby eliminating the need for this added expense in the future. At this time, staff is reporting to Council the payment of $6,724.58 from account 100.1945.651.001 to Creative Workshop. RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: None Shannon Riley, Executive Assistant Shannon Riley, Executive Assistant N/A 1. Winter/Spring 2005 Ukiah City View newsletter Approved' Candace Horsley, City M~nager 4:Shannon/ASR.UkiahCityViewPurchase.051805 City of Ukiah Newsletter Winter/Spring 2005 Affachme I I~ J IIII I Volume 3, Issue 7 'ah Ci View A Closer Look at City Revenues Before you complain about your tax bill this season, we'd like to remind you that your income tax doesn't go to the City of Ukiah. That money goes to the State and Federal govemments. Citizens of Ukiah contribute to their local government in other ways, but it takes more than utility payments and building permit fees to keep this city running! Here's a basic breakdown of City finances. Where does the City of Ukiah get its money? City departments fall into one of two categories: General Fund or Enterprise Fund. Enterprise fund departments bring in the revenue they need to operate. For example, our Public Utilities are an Enterprise Fund. By paying for your water, sewer and electricity, you help to keep these essential services running to your home. Roughly 61% of the City's revenue comes from Enterprise Funds. Some of Ukiah's most basic services, however, are General Fund departments, including Police, Fire, street and sidewalk repair, park maintenance, youth sports programs, etc. Funding for these departments comes from a combination of sources, as shown on the chart below. General Fund revenues are typically broken down into seven sub-categories. The dominant provider of local government Proposed General Fund Budget Fiscal Year 2004/2005 Other Revenue Intergovernmental Use of Money & Property 10% 9% 9% Franchise Fees Other Taxes 13% 8% Sales Tax 45% Property Tax 6% Genera/Fund revenues are generally broken down into seven sub-categories, the largest of which is sales tax. That 45% translates to over $4 million pecyear. revenue is sales tax, and in the City of Ukiah, sales tax accounts for 45% of total General Fund revenues. Does the City get the entire 7.25% sales tax? No. Of that 7.25%, only 1% goes to the City of Ukiah. 5% goes to the State, .5% goes to County public safety, .5% goes to County health/ welfare, and .25% goes to County Transportation. Although 1% may not sound like much, it can add up to over $4 million per year. A distant second, at 13%, is the combined revenue from the City's franchise fee payers. What are Franchise Fees? The City receives franchise fees from several companies that use the City's right-of-ways to conduct their business. For example, the cable company uses the City's streets and sidewalks for their lines and equipment, and thus pays an annual fee for that privilege. Intergovernmental revenue, or money from other agencies, represents 9% of the total. The majority of the revenue in this category is attributable to the Motor Vehicle License Fee. At 9% is the Use of Money and Property, which also combines several different revenue sources. Interest and land rentals account for much of this category. Other Revenue (miscellaneous fees) accounts for 10%, Other Taxes (including business license taxes and bed taxes) 8%, and Property Tax 6%. The City used to be able to depend on the stability of property tax income; however, much of the local money has been shifted to the State Budget. What is the status of the City's General Fund? Unfortunately, the City of Ukiah is having the same budget woes as other cities across California. In spite of numerous cutbacks and freezing numerous positions, the City is still facing an estimated $780,000 deficit for the 2005-06 fiscal year. Because sales tax is the largest element of General Fund revenue that is subject to local control, the City Council will be placing a measure for a half-cent increase on the June ballot. This added revenue would help the City Council balance the budget in the coming years. City Council and staff are continuing to examine all areas for cost-cutting measures to maximize the value of the additional tax measure and any other revenue gains generated by the slowly improving California economy. Page 2 Ukiah City View Volume 3, Issue 7 PRECIO US CAR GO EXHIBITION EXPLORES CALIFORNIA INDIAN CRADLE BASKET AND CHILDBIRTH TRADITIONS Ukiah residents have the opportunity to view a ground-breaking exhibition, "Precious Cargo: California Indian Cradle Baskets and Childbirth Traditions," at the Grace Hudson Museum from February 6th and until April 3rd, 2005. "Precious Cargo" is a multi-faceted exhibit that examines traditional beliefs and practices concerning childbirth and the use of cradle baskets among Pomo Indian peoples and other Native American tribes throughout the state. "Precious Cargo" is the first major exhibition to present cradle baskets as social documents - demonstrating how history, art !~ ~,~ ~ and culture are literally intertwined in these unique ~ objects. ~ Thirty California Indian t weavers, including local Yokayo Pomo basketmaker Christine Hamilton, were commissioned to create cradle baskets characteristic of their region for inclusion in this exhibit. Also on display are a wide array of associated artifacts - tule diapering material, a soft baby hairbrush, cradle toys, baby washing baskets, a basketry rattle - along with historic photographs and a video documentary. For centuries, California Indian peoples have relied on cradle baskets as a way to carry their babies, to have them near at hand and to keep them safe. They also play a role in shaping a child's character and directing his or her future. Today, renewed cultural pride among California Indians is finding expression in the creation and gift-giving of traditional cradle baskets. Once again, California Indian people are producing cradles to welcome and protect their newest members of their communities. The Grace Hudson Museum is located at 431 South Main St. in Ukiah, and is a division of the City of Ukiah's Community Services Department. For more information on the exhibit and its accompanying public programs call the Museum at 707-467-2836, or visit www.gracehudsonmuseum.org. The "Precious Cargo: California Indian Cradle Baskets and Childbirth Traditions" exhibition was produced by the Matin Museum of the American Indians and toured by the California Exhibition Resources Alliance. ITEM NO. DATE: May 18. 2005 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE REGULATING SKATEBOARDING ON PRIVATE PROPERTY SUMMARY: At its May 4, 2004, meeting, the City Council unanimously introduced by title only an Ordinance of the City Council of the City of Ukiah Adding Section 6180.5 to Division 7, Chapter 2, Article 6 of the Ukiah City Code. The ordinance allows an owner of commercial property in a commercial zoning district to prohibit the use of skateboards on their property by posting signs that comply with requirements specified in the ordinance. Once the signs are posted, skateboarding on the property becomes an infraction punishable by a fine as specified in the ordinance. A copy of the ordinance as introduced is attached as Attachment 1. The Council must now adopt the ordinance which will become effective 30 days after it is adopted or on June 17, 2005. RECOMMENDED ACTION: Adopt the Ordinance of the City Council of the City of Ukiah Adding Section 6180.5 to Division 7, Chapter 2, Article 6 of the Ukiah City Code. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise the ordinance and delay adopt until the next City Council meeting; decline to adopt ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Rod Johnson Rod Johnson David J. Rapport, City Attorney Candace Horsley, City Manager Attachments: 1. Ordinance of the City Council of the City of Ukiah Adding Section 6180.5 to APPROVED: ~~% ticle 6 of the Ukiah City Code Candace Horsley, C~,Manager Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING SECTION 6180.5 TO DIVISION 7, CHAPTER 2, ARTICLE 6 OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. Section 6180.5 is hereby added to Division 7, Chapter 2, Article 6, Entitled: Skateboards, of the Ukiah City Code to read as follows. §6180.5: PROHIBITION ON USE OF SKATEBOARDS ON PRIVATE PROPERTY: No person shall operate, ride, propel or use a device with wheels commonly known and designated as a "skateboard" or any variation thereof in, on or over any privately owned real property located in the CN, C-1, C-2 or M zoning districts which property is used for commercial purposes, when such property is posted with appropriate signs or markings prohibiting such use. "Commercial purposes" does not include residential rental Property.- A. Sign requirements: 1. Location: The sign must be posted in plain view and visible at all entrances to the property. 2. Standards: The portion of the sign containing the message must measure not less than twenty two inches by seventeen inches (22" x 17") with lettering not less than one inch (1 ") in height. 3. Permissible Messages: The sign must contain the fOllowing message: "Private Property. Skateboard use prohibited by Ukiah City Code [}6180.5. Violations constitute an infraction." SECTION TVVO EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. ORDINANCE NO. 1 Introduced by title only on May 4 , 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku None None None Adopted on AYES: NOES: ABSENT: ABSTAIN: ,2005 by the following roll call vote: Mark Ashiku, Mayor ATTEST: Marie Ulvila, city Clerk ORDINANCE NO. 2 AGENDA ITEM NO: 7a MEETING DATE: May 18, 2005 SUMMARY REPORT SUBJECT: REQUEST FOR COUNCIL'S DISCUSSION REGARDING AND CONSIDERATION OF AN ORDINANCE ENDORSING CHOICE VOTING METHODS--RODIN Councilmember Rodin has requested the Council's discussion and possible endorsement of an ordinance regarding choice voting methods. She has submitted attachments for Council's review. The documents delineate the facts about instant runoff voting, which ensures the election of a candidate preferred by the most voters and prevents the need for runoff elections. Councilmember Rodin is requesting Council's discussion, direction, and possible adoption of the resolution in support of SB596 regarding choice voting. RECOMMENDED ACTION: Discussion and possible approval of resolution. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Councilmember Rodin Candace Horsley, City Manager N/A 1. SB596 digest 2. Instant runoff voting articles 3. Proposed resolution endorsing choice voting methods rCandace Horsley, City 4:CAN/ASR.ChoiceVoting.051805 AMENDED IN SENATE APRIL 28, 2005 AMENDED IN SENATE MARCH 31, 2005 SENATE BILL No. 596 Attachment # Introduced by Senator Bowen (Coauthor: Assembly Member Hancock) February 18, 2005 An act to add Chapter 2 (commencing with Section 10050) to Part 1 of Division 10 of the Elections Code, relating to municipal elections. LEGISLATIVE COUNSEL'S DIGEST SB 596, as amended, Bowen. Municipal elections' voting methods. Existing law provides procedures for the nomination of candidates for elective offices in general law cities. It specifies the procedures for the conduct of the election, the canvass of ballots, and certification of persons elected to office. Related provisions require the holding of a runoff election if no candidate has been elected at the municipal election. It provides that a vacancy in an elective office may be filled by appointment, at a special election, or at the next regular municipal election, as specified. This bill would provide that, notwithstanding any provision of law, a city, county, or district may conduct a local election using-~ __^c .......... : .... ~^'~ ranked voting. This bill would also describe iii %,~1~,~1 ~,,~11~,~%,~ ¥ U tllI~ 111%,~ tlIUU the --~' ...... l~,~"~ ranked voting method as it applies to both a single-candidate e{ection and a multiple-candidate election. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 97 SB 596 ~ 2 -- The people of the State of California do enact as follows: 1 SECTION 1. chapter 2 (commencing with Section 10050) is 2 added to Part 1 of Division 10 of the Elections Code, to read: 3 4 CHAPTER 2. n .......... · r ...... x a ....... RANKED VOTING 5 6 10050. (a) Any city, county, or district may conduct a local --~ .......... : .... ~^~ ranked voting. The 7 election using a 8 ballot shall allow voters to rank a number of choices in order of 9 preference equal to the total number of candidates for each 10 office. However, if the voting system, vote tabulation system, or 11 similar or related equipment used by the city, county, or district 12 cannot feasibly accommodate choices equal to the total number 13 of candidates running for each office, then the elections official 14 administering the election may limit the number of choices a 15 voter may rank to no fewer than three if using the voting method 16 enacted pursuant to Section 10051 and to two more than the 17 number of seats to be filled if using the voting method enacted 18 pursuant to Section 10052. The ballot shall in no way interfere 19 with a voter's ability to cast a vote for write-in candidates. 20 (b) A voting method authorized by this section may be enacted 21 by any of the following ways' 22 (I) By --'~: ........... UI UIIIOlI%.~%., 24 (-2-)- 25 (1) By approval of a ballot measure submitted to the voters by 26 the governing body of the city, county, or district at an election 27 pursuant to Division 9 (commencing with Section 9000). 28 (-3-)- 29 (2) By initiative ordinance or charter amendment adopted 30 pursuant to Division 9 (commencing with Section 9000). 31 (c) Any city, county, or district using a preference voting 32 method shall conduct a voter education campaign to familiarize 33 voters with this method of voting. 34 10051. A voting method enacted pursuant to Section 10050 35 for an election to elect a single candidate to office shall be known 36 as "in~tant runoff voting" and xhall be conducted in the 37 following manner: 97 3 SB 596 1 (a) For the purposes of this section: (1) a candidate shall be 2 deemed "continuing" if the candidate has not been eliminated, 3 (2) a ballot shall be deemed "continuing" if it is not exhausted, 4 (3) a ballot shall be deemed "exhausted," and not counted in 5 further stages of the tabulation, if all of the choices have been 6 eliminated or there are no more choices indicated on the ballot. If 7 a ballot gives equal rank to two or more candidates, the ballot 8 shall be declared exhausted when such multiple rankings are 9 reached. If a voter casts a ballot but skips a rank, the voter's vote 10 shall be transferred to that voter's next ranked choice. 11 (b) If a candidate receives a majority of the first choices, that 12 candidate shall be declared elected. If no candidate receives a 13 majority, the candidate who received the fewest first choices 14 shall be eliminated and each vote cast for that candidate shall be 15 transferred to the next ranked candidate on that voter's ballot. If, 16 after this transfer of votes, any candidate has a majority of the 17 votes from the continuing ballots, that candidate shall be declared 18 elected. 19 (c) If no candidate receives a majority of votes from the 20 continuing ballots after a candidate has been eliminated and his 21 or her votes have been transferred to the next ranked candidate, 22 the continuing candidate with the fewest votes from the 23 continuing ballots shall be eliminated.-Atl-vo~ Each vote cast 24 for that candidate shall be transferred to the next ranked 25 continuing candidate on each that voter's ballot. This process of 26 eliminating candidates and transferring .their votes to the next 27 ranked continuing candidates shall be repeated until a candidate 28 receives a majority of the votes from the continuing ballots. 29 (d) If the total number of votes of the two or more candidates 30 credited with the lowest number of votes is less than the number 31 of votes credited to the candidate with the next highest number of 32 votes, those candidates with the lowest number of votes shall be 33 eliminated simultaneously and their votes transferred to the next 34 ranked continuing candidate on each ballot in a single counting 35 operation. 36 (e) A tie between two or more candidates for the fewest votes 37 as specified in subdivision (c) shall be resolved in ,,~ ~,lV,Ol,,, ,.~. by lot with the candidate chosen by lot being 40 eliminated. 97 SB 596 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 10052. A voting method enacted pursuant to Section 10050 for an election to elect two or more candidates to office shall be known as "choice voting" and shall be conducted in the following manner: (a) For the purposes of this section: (1) a candidate shall be deemed "continuing" if the candidate has not been eliminated or elected, (2) a ballot shall be deemed "continuing" if it is not exhausted, and (3) a ballot shall be deemed "exhausted," and not counted in further stages of the tabulation, if all of the choices have been eliminated or elected or there are no more choices indicated on the ballot. If a ballot gives equal rank to two or more candidates, the ballot shall be declared exhausted when such multiple rankings are reached. If a voter casts a ballot but skips a rank, the voter's vote shall be transferred to that voter's next ranked choice. (b) Each candidate that receives the minimum threshold of votes necessary to be elected shall be declared elected. The minimum threshold of votes necessary to be elected shall be determined by dividing the total number of votes cast for that office by one more than the number of offices to be filled and then adding one vote, and then ignoring any fraction, as shown in the following formula: Total number of votes cast, divided by sum of one plus number of offices to be filled, plus one, equals minimum threshold of votes necessary to be elected If no candidate receives the minimum threshold of votes necessary to be elected, the candidate who received the fewest first choices shall be eliminated and each vote cast for that candidate shall be transferred to the next ranked candidate on that voter's ballot. If, after this transfer of votes, any candidate has the minimum threshold of votes necessary to be elected from the continuing ballots, that candidate shall be declared elected. If no candidate receives the minimum threshold of votes necessary to be elected from the continuing ballots after a candidate has been eliminated and his or her votes have been transferred to the next ranked candidate, the continuing candidate with the fewest votes from the continuing ballots shall be eliminated.~ Each vote cast for that candidate shall be 97 -- 5 ~ SB 596 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 transferred to the next ranked continuing candidate on cach that voter's ballot. This process of eliminating candidates and transferring their votes to the next ranked continuing candidate shall be repeated until a candidate receives the minimum threshold of votes necessary to be elected from the continuing ballots. (c) Once a candidate receives the minimum threshold of votes necessary to be elected, any votes that candidate has received in excess of the minimum threshold of votes necessary to be elected shall be redistributed among the other continuing candidates as g-.Il ...... .L. ...... ~1 ~t.A:~ :~.-I~.~W An ~11 ^~2.L.~ k~ll~+ .... 1~ IUllUYlt~. [11~,.~ 3~,.~,~UllU ~.~IIUII~.,D IIIUI%.~flL~,~U UII mil UI LII%¢ LJOIIUIL~ follows: each vote received by the elected candi&te shall be redistributed to the next available choice on that ballot according to a transfer value for each ballot. The transfer value shall be dete~ined by dividing the su¢lus votes cast for the elected candidate by the total number of votes received by the elected candidate as shown in the following fo~ula: Surplus votes cast for the elected candidate, divided by total number of votes received by the elected candidate, calculated out five decimal places and rounded to the fourth decimal place equals the transfer value (d) If two or more candidates on the first count receive more than the minimum threshold of votes necessary to be elected, all each of those candidates shall be declared elected. Among these th ' I~L~U IUI LII~ U~IIUL~ Ul ally ULIIkl klk~LkU ~IIUIUOL~ 111 LII~ UIU~I candidates each of the ballots of the candidate who receives the largest number of first choice votes shall be redistributed at its transfer value to the second choice indicated on that balloL or the next available choice ~ the second preference candi&te has already been elected. 97 SB 596 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1 (e) If a candidate receives more than the minimum threshold 2 of votes necessary to be elected as the consequence of a 3 redistribution of surplus votes from a previously elected 4 candidate, the number of votes in excess of the minimum 5 threshold of votes necessary to be elected shall be redistributed to 6 the continuing candidates. This redistribution shall be to the next 7 available choice shown on each of the elected candidate's ballots. 8 The transfer value for the ballots on which the candidate was the 9 first choice shall be the same as the transfer value defined in subdivision (c). The transfer value for each ballot transferred to the candidate from one or more previously elected candidates shall be the surplus votes cast for the elected candidate divided by the total number of votes received by the elected candidate ltiplied by thc ~ .... ~.u,u.t~ ~o o.~...~ .,~ .~,,~..~ previous tran r va ue that ballot as shown in the following fo~ula: Surplus votes cast for the elected candidate, divided by total number of votes received by the elected candidate, multiplied by candidate the previous transfer value of that ballot, calculated out five decimal places and rounded to the fourth decimal place (f) If no candidate receives more than the minimum threshold of votes necessary to be elected as the consequence of a redistribution of surplus votes from a previously elected candidate, the candidate with the smallest number of votes shall be eliminated. All of that eliminated candidate's votes--both first choice votes and any votes received from a previously elected candidate's surplus at the transfer value--shall be transferred to the continuing candidates according to the next available choice shown on the eliminated candidate's ballots. The eliminated candidate's first choice votes shall be transferred to the second, or next available, choice at full value. Votes received from previously elected or eliminated candidates shall be transferred at the transfer value at which thc votcs wcrc each vote was received. (g) Tabulation of votes shall continue in the following sequence: 97 7 SB 596 1 (1) The surplus votes of elected candidates shall be 2 redistributed until no more candidates receive the minimum 3 threshold of votes necessary to be elected. 4 (2) The votes of eliminated candidates are redistributed until 5 another candidate receives the minimum threshold of votes 6 necessary to be elected. [11} a tl~,¢ U%,,~tVY%¢%¢II ~VYU UI IIIUI%¢ %¢(AIIUIUa[~,.gO Ollall U%,~ 1~,,~3U1¥%,,¢~.1 Iii 15 (J) ~he~ the ~mbe~ of co~tY~Y~g ca~didatex pY~s the 16 number of elected candidates is equal to the number of 17 ca~didatex to be elected, all of the continuing ca~didatex xhall be 18 declared elected, whether or not those candidates have received 19 the minimum threshold of votes ~ecessa~ to be elected. 20 (h) A tie be~een ~o or more candidates for fewest votes, as 21 specked i~ s~bdYvixYo~ ~, shall be rexoYved by lot a~d that 22 candidate chose~ by lot x&aYY be eliminated. ~ tie be~ee~ ~o 23 more candidates for the number of first choice votes received, as 24 specked i~ s~bdivYsYo~ (d), o~ votes above the threshold, as 25 xpec~ed i~ x~bdYvYxYo~ (e), x&aYY be rexoYved by lot a~d 26 candidate chose by lot xhaYY be the~rxt to have &ix or her 27 votes transferred. 28 l OOJJ. For each office elected by ranked votiag, the 29 xtatement of the rexuYt shall xho~ all of t~e foYYo~i~g: 30 (a) The number of votes cast at each precinct that are counted 31 for each comY~i~g candidate i~ each of~ciaY ro~d of co~ti~g. 32 (b) The n~mber of e~hausted baYYotx Y~ each precinct Y~ each 33 of~ciaY ro~d of co,ming. 34 (c) The total number of votes cast that are counted for each 35 co~ti~i~g candidate i~ each of~cYaY ~o~d of con,ting. 36 (d) The total ~mber of exha~xted baYYotx i~ each official 37 round of counting. 0 97 Senate Democratic Caucus Page 1 of 1 A Whole New Way Of Voting 2005 I)~ 2~) SACRAMENTO - Local governments would be able to let voters elect officials via a preference voting system that eliminates the need for a separate runoffelection under SB 596 by Senator Debra Bowen (D-Redondo Beach), which will be heard by a Senate committee in early April. "It takes de~nocracy to a whole new level," said Bowen, the chairwoman of the Senate Elections, Reapportionlnent & Constitutional Amendments Committee. "Preference voting eliminates the traditional spoilers, it reflects the views and preferences of voters ill a more nuanced way, and it promotes positive, issues-based campaigns because picking up second and third place votes Call help candidates win an election." "Preference voting" includes two similar ranked voting systems, one used roi' single-winner elections (such as mayor or district elections for city council) and another l-bt multi-winner elections (such as at-large races lbr city council or county supervisor). The single-winner system is known best as "instant runoff voting" (IRV), while the multi-winner system is typically called "choice voting" or "single transferable voting" (STV). The concept involved in each system is the same: Voters rank their choices for each office in nulnerical order instead of just selecting one candidate, and those rankings are used to determine the winner or winners of the election. The new system also elilninates tile need for runoff elections that some local governments use, because the runoff happens instantaneously based on how the candidates are ranked. "We've used tile plurality system to elect people for more than 200 years, but that doesn't mean there isn't a better way to build tile mousetrap," continued Bowen. "Preference voting should entice candidates to really try and appeal to a wider audience and it should re-energize voters because even if their first choice isn't elected, they'll still have the opportunity to help elect their second or third choice." Under current law, only charter cities and charter counties Call opt tO use preference voting systems, which is how San Francisco was able to use tile IRV system (which it called "ranked choice voting") for seven supervisorial races in the November 2004 election. SB 596 establishes the rules to allow all California cities, counties, school districts and special districts to hold preference voting elections, both tbr elections where a single xvinner (district elections) and multi-winners (at-large elections) are selected. Elections fbr state offices wouldn't be affected. "Computers can handle tile vote tallying aspect of preference voting, the bigger challenge is educating voters about the benefits of the system and getting them com/brtable with it," continued Bowen. "Given San Francisco's experience, where 87% of the voters said they understood the system and 61% preferred it to the traditional runoff system, I'm confident voters will like the system and be comibrtable with it once they have the opportunity to use it." While San Francisco is tile best-known example of a California city that has used IRV, voters in Oakland, San Leandro, and Berkeley have all approved the use of IRV tbr future local elections. Cambridge, Massachusetts uses choice voting lbr its city elections, cities in Michigan and Vermont have approved the use of IRV, while lreland uses 1RV to elect its president, Australia uses IRV to elect its House of Representatives and STV to elect its Senate, and London uses IRV to select its mas, or. "It's a big change in how people are used to voting, so I want to give local governments the option of adopting a preference system before we look at using it in elections for statewide office," concluded Bowen. "Preference voting lets people more fully express their views on candidates, instead of requiring them to single out just one person. The ability to rank candidates and do away with spoilers should help create a more representative government that more accurately reflects the views of the voters." SB 596 ~vill be heard in tile Senate Elections, Reapportiomnent & Constitutional Amendments Committee on April 6. Contact: Evan Goldberg (916) 445-5953 htm://democrats.sen.ca.~ov/temr~lates/SDCTemr~late.ast~?a= 1736&z=69&ct~=PressRelease&r~g=ar... 3/30/2005 Ranked Voting Resources 1. Internet Essentials FairVote - The Center for Voting and Democracy (http://www.fairvote.org/) is where it's at for full representation and instant runoff advocacy in the United States. Davis Citizens for Representation has the best local site (http://www.davischoicevoting.org). The Overview section is a great place to start. The Blog section offers a chronology of events in Davis, and the Media Archives section points to consistently useful material. Demonstrations: Try instant runoff and choice voting for yourself at Dave Robinson's DemoChoice site (http://www.demochoice.org/). The British Columbia Citizens Assembly has a great Flash animation of choice voting at http://tinyurl.com/7ekpe (requires Macromedia Flash plug-in). Senate Bill 596: The text of Senator Debra Bowen's bill, and staff analysis, is at http://tinyurl.com/61cmz The best bibliography is by Douglas J. Amy, Professor of Political Science at Mt. Holyoke College: http://tinyurl.com/b9ran. 2. Bedtime Reading If you only read one thing: British Columbia Citizens' Assembly On Electoral Reform, Making Every Vote Count: The Case for Electoral Reform in British Columbia. Not just an excellent explanation of choice voting, but also an inspirational story about ordinary citizens coming together to learn, deliberate and decide on a vital issue. Published on the web at http://tinyurl.com/17a. Historical background: Kathleen L. Barber, A Right to Representation: Proportional Systems for the 21st Century (Ohio State University Press, 2000). In spite of the subtitle, this book is mainly historical. People who learn best from a narrative approach may find it the best place to start. There is a promotional page at http://tinyurl.com/8juz5. What's broken: Steven Hill, Fixing Elections: The Failure of America's Winner-Take-All Politics (Routledge, 2003). In spite of the title, this forceful exposition has more to say about the reasons why we need proportional representation, and less to say about PR itself. There is a promotional web site at http://www, fixingelections, com. How to fix what's broken: Douglas J. Amy, Real Choices, New Voices: The Case for Proportional Representation in the U.S. (Columbia University Press, 2nd ed., 2002). Everyone recommends Amy's books--not just me. A promotional page is at http://tinyurl.com/dmn3j. How proportional representation works: Douglas J. Amy, Behind the Ballot Box: A Citizen's Guide to Voting Systems (Praeger, 2000). The nuts and bolts very clearly explained, along with the pluses and minuses of different kinds of proportional voting. A promotional page is at http://tinyurl.com/akv5e. Last revised 05/03/2005 Bob Richard Attachment ABOUT FAZRVOTE WHATS NEW DONATE FOR PRESS iN THE NEWS Home > IRV America > Resources > IRV Factsheet Instant Runoff Voting (!RV) A Fairer Way to Conduct Single- Winner Elections by the Center for Voting and Democracy CONTACT Google Search NEWSLETTER Most U.S. elections are held under plurality voting rules in which the candidate with the most votes wins. If three or more candidates run in the race, then the winner can have less than a majority of the vote. But the question always arises: was that winning candidate really preferred by most voters? Instant Runoff Voting (IRV) is a sensible reform for elections where one person wins. Examples include elections for governors, mayors, legislatures using single-seat districts, and US president (for allocation of Electoral College electors). Instant Runoff Voting is better than plurality elections because: · it ensures the election of the candidate preferred by most voters · it eliminates the problem of spoiler candidates knocking off major candidates · ' it frees communities of voters from splitting their vote among their own candidates · it promotes coalition-building and more positive campaigning IRV is also better than "two-round" runoff or primary elections, which often result in a change in voter turnout between the two rounds. IRV finishes the job with one election, which means that · election officials and taxpayers don't have to foot the bill for a second election · candidates don't have to raise money for two races, providing some campaign finance reform · the decisive election occurs when voter turnout is highest How IRV Works: Each voter has one vote, and ranks candidates in order of choice (:~, 2, 3, etc.). The counting of ballots simulates a series of run- off elections. All first choices are counted, and if no candidate wins a majority of first choices, then the last place candidate (candidate with the least first-choices) is eliminated. Ballots of voters who ranked the eliminated candidate first then are redistributed to their-next-choice candidates, as indicated on each voter's ballot. Last place candidates are successively eliminated and ballots are redistributed to next choices until one candidate remains or a candidate gains over 50% of votes. Voters have the option to rank as many or as few candidates as they wish--their favorite candidate first, their next favorite second and so on. Voters have every incentive to vote for their favorite candidate rather than the "lesser of two evils'" because their ballot can still count toward a winner if their first choice loses. There also is every reason for a voter to rank as many candidates as they want, since a voter's lower choice will never help defeat one of their higher choices. IRV is used to elect the parliament in Australia and the presidents of the Republic of Ireland and the American Political Science Association. A related method is used in Cambridge (MA) for city council. Example: In both 1992 and 1996, Bill Clinton was elected president with less than 50% of the popular vote. IRV could have been used to elect a majority-winner. Here's how it could have worked. The 1992 Presidential First Candidate Choice George 38% Bush Bill Clinton 43% Ross Perot 19% Election--a Simulation Ballots redistributed Final to 2nd Tally choices +10% = 48% +9% = 52% - 19% X Assume that, of the 19 percent of voters who ranked Ross Perot first, slightly more than half (e.g. 10% of all voters) ranked George Bush second on their ballots, and slightly less than half (e.g. 9% of all voters) ranked Bill Clinton second. When Ross Perot is eliminated, those votes are redistributed. Bill Clinton ends up with 52 percent of the overall vote, a clear majority, and is declared the winner. For more on :l:nstant Runoff Voting, click here. ]:NTERNSH[PS EMPLOYMENT ABOUT FA.[RVOTE WHATS NEW DONATE FOR PRESS ]:N THE NEWS CONTACT Home > IRV America > Resources > FAQ Frequently Asked Questions About nstant Runoff Voting What is instant runoff voting? Znstant runoff voting is a method of electing a single winner. It provides an alternative to plurality and runoff elections. In a plurality election, the highest vote getter wins even if s/he receives less than 50% of the vote. ]:n a runoff election, two candidates advance to a runoff if no candidate receives more than 50% in the first round. How does it work? Voters rank candidates in order of choice: 1, 2, 3 and so on. It takes a majority to win. If anyone receives a majority of the first choice votes, that candidate is elected. not, the last place candidate is defeated, just as in a runoff election, and all ballots are counted again, but this time each ballot cast for the defeated candidate counts for the next choice candidate listed on the ballot. The process of. eliminating the last place candidate and recounting the ballots continues until one candidate receives a majority of the vote. With modern voting equipment, all of the counting and recounting takes place rapidly and automatically. ]:RV acts like a series of runoff elections in which one candidate is eliminated each election. Each time a candidate is eliminated, all voters get to choose among the remaining candidates. This continues until one candidate receives a majority of the vote. ]:sn't this too complex for the voter? No. All the voter has to do is rank one or more candidates. ]:t's like renting a video or picking an ice cream: What video (or flavor) do you want? That's your first choice. ]7 they don't have that video (or flavor), what would you like? That's your second choice. If they don't have that, what's your third pick? That's all there is to it. ]:t's as easy as 1-2-3. Doesn't this give extra votes to supporters of defeated candidates? No. In each round, every voter's ballot counts for exactly one candidate. this respect, it's just like a two-round runoff election. You vote for your favorite candidate in the first round. ]:f your candidate advances to the second round, you keep supporting that candidate. Go°gle Search : Q-- ~ G~.) NEWSLETTER If not, you get to pick among the remaining candidates. In IRV candidates gets eliminated one at a time, and each time, all voters get to select among the remaining candidates. At each step of the ballot counting, every voter has exactly one vote for a continuing candidate. That's why the Courts have upheld the constitutionality of IRV. Does ZRV eliminate "spoilers" and vote- splitting? Yes. In multiple-candidate races, like- minded constituencies such as Latinos, liberals, conservatives, etc. can split their vote among their own competing candidates, allowing a candidate with less overall support to prevail. IRV allows those voters to rank all of their candidates and watch as votes transfer to their candidate with the most support. ]:n partisan races, IRV prevents the possibility of a third party candidate "spoiling" the race by taking enough votes from one major candidate to elect the other. Does ZRV save money? Yes. Traditional two- round, "delayed" runoffs are common around the country. IRV halves the cost of those elections because it determines a majority winner in a single election. Before adopting IRV, for example, San Francisco spent as much as $2 million on each election in its delayed runoff, and statewide runoffs in places such as Texas cost far more. ]:n addition, many states and cities use two rounds of special elections to fill vacated seats and instead could elect a popular winner with IRV in one round of voting. In such situations IRV also reduces the reliance of candidates on special interest donors because they only have to campaign and raise money for one election rather than two. Does ZRV affect voter turnout? Yes. Turnout generally increases. ]:RV gives every voter incentive to participate because your vote still counts even if your first choice candidate is defeated. Also, since IRV only requires one election, the. decisive election takes place when turnout is highest, typically November. Does ZRV affect campaign debate? Yes. Because IRV may require second and third choice votes to win, candidates have incentive to focus on the issues, to attract voters to their positions and to form coalitions. Negative campaigning and personal attacks are much less effective in an ]:RV election. Where is IRV used? I~lany places. ]:reland uses IRV to elects its president, Australia to elect its House of Representatives, London to elect its mayor, San Francisco to elect its major city offices such as mayor, Utah Republicans to nominate congressional nominees at its state convention, many major universities for their student government elections and the American Political Science Association to elect its president. Literally hundreds of jurisdictions, organizations and corporations use :[RV to elect leaders. Whom does TRV advantage? ZRV advantages the majority, since it ensures that a minority of voters can never defeat a candidate supported by a majority. :It also gives the voter more power, since s/he can express a range of choices. Can the voting equipment handle TRV? Modern voting equipment~ such as optical scanners and computer touch screens, can handle ]:RV at no additional cost. Older technologies such as punch cards and lever machines cannot handle ]:RV, so it doesn't make sense to adopt ]:RV until new equipment is purchased. ]:n these cases, we recommend legislation authorizing the use of ]:RV when the equipment is available. For reasons unrelated to ]:RV, the trend in voting equipment is away from the older technologies, so more and more jurisdictions are acquiring equipment that can handle IRV. Why don't more places use IRV? Prior to the advent of modern vote counting equipment, IRV required a time-consuming and costly hand count. Some jurisdictions that used IRV in statewide primaries found that they rarely had plurality (less than majority) winners, so IRV seemed unnecessary. With today's diversity and proliferation of parties and candidates, Iow plurality winners are more common, and hand counts are unnecessary. Who opposes TRV? Little organized opposition to ZRV exists. Election officials are understandably cautious about a system that may increase their workload, and some incumbents fear any change to the system that elected them. ]:f you can win an election under a plurality or runoff system, however, the odds are that you would also win under :[RV. The exceptions are rare but can be important. Examples include several recent House races in New Mexico, where Green Party candidates threw races to Republicans, and state legislative races in Alaska in which Libertarians and Alaskan ]:ndependent Party candidates knocked off Republicans. Some political minorities may believe that they can only win representation in a plurality election. Such groups may oppose :[RV, but of course, in such situations, a larger groups stands to gain representation by 1:RV. INTERNSHTPS EMPLOYMENT ABOUT FAZRVOTE Home > IRV America > In the Articles Commentary Op-Eds Editorials WHATS NEW DONATE FOR PREL~S iN THE NEWS News Instant runoff bill goes to governor Vancouver could be first to test a plan that would allow voters to rank preferences in nonpartisan, multicandidate races By Foster Church Published 2005-04-14 in The Oregonian For state Rep. Jim Moeller, D-Vancouver, it is a moment to savor. Instant-runoff voting, an issue he has championed since the late '9Os, has received the Legislature's approval. The Senate, on a 38-9 vote Tuesday, passed Moeller's bill establishing a pilot project to test instant runoff. Because the measure passed the House last month, 63-34, the legislation now goes to Gov. Christine Gregoire. She has not indicated whether she would support it, but if she does, Vancouver could be the first city in the state to test it. "It's a great idea," Moeller, a former Vancouver city councilman, said Wednesday. "I think it offers a real opportunity for municipal governments to have an election that encourages voter participation, that is cheaper and that relies on people appealing to a broad base." In instant-runoff voting, which has also been referred to as "ranked-choice voting," a voter ranks each candidate with a number. If nobody receives a majority in the first round, the last-place candidate's ballots are redistributed based on his or her supporters' second choice. Vote counters repeat the process until one candidate has at least 50 percent. The bill sets up a five-year pilot project to be conducted by the Secretary of State's Office. it will be used as a local option for nonpartisan offices in cities that qualify. Qualifying cities must have populations greater than 140,000 but less than 200,000 and must approve a city charter amendment authorizing the city council to use the voting method for the election of city officers. CONTACT ' Google Search NEWSLETTER Vancouver, according to Moeller, is the only city in the state that would now qualify for such an election. That is partly because of his efforts. In 1999, Moeller began encouraging members of the Vancouver City Council to place a City Charter amendment on the ballot that would allow instant-runoff voting. "I talked three other council members into going along with me," he recalled. "No one thought it would pass as a charter amendmenti It was surprising to them that it did." It was only after voters passed the measure that the city learned state law wouldn't allow it. When Moeller was elected to the Legislature in 2002, establishing instant-runoff voting was high on his legislative priority list. "When I got here, I really started to push it," Moeller said. "I talked with the secretary of state and the county auditors, and we worked out all the kinks. I got it to a place where I got the majority support of my caucus to move it through, and then to the Senate." The only city in the United States that now allows instant-runoff voting is San Francisco, according to Moeller, though he said cities in many other countries use it. Moeller explained that the Vancouver City Council would have to approve an instant- runoff election, and he could not predict whether the council would. The earliest such an election could take place, he said, would be in 2007. "Now they have the opportunity, and they have the charter amendment," he said, noting that in Washington, "Vancouver is poised to be the first city to participate in it." Clark County Auditor Greg Kimsey, who oversees county elections, said he is "not necessarily an opponent" of instant-runoff voting, but that he thinks the current system has worked well. Instant-runoff voting, he said, could be confusing to people. "A plus to the system we currently use is its simplicity," he said. "We can put the ballots in separate piles, and the one that is highest wins." INTERNSHIPS EMPLOYS4 EhIT ABOUT FATRVOTE Home > IRV America > In the WHATS NEW DONATE News > Op-Eds FOR PRESS iN THE NEWS CONTACT Google Search NEWSLETTER Instant runoff voting saves time,, money By Mark Green Published 2005-04-25 in New York Daily News All 10 candidates running for the Democratic nomination for Manhattan borough president share one strategy: get 20% of the 20% of Democrats who are likely to show up for the primary. Since there's no runoff and no competitive general election, an aspiring borough president needs only 30,000 votes of nearly 1 million registered voters to wini With only one in 30 voters casting his or her ballot for the winner, this election mocks the democratic ideal of majority rule. One reform that has been adopted in other cities and states - instant runoff voting - would bring more fairness to our city elections and to the way we choose the leaders of our so-called dysfunctional state government. We already hold some runoff elections for citywide offices in New York City. ! was in one for mayor in 2001, and another may occur this September. Instant runoffs go a step further, completing a primary and runoff election in one shot. Tn an instant runoff vote, voters rank candidates in preferential order, and if no candidate receives a majority of first-choice votes, a "runoff vote" is electronically tabulated in which the candidates with the fewest votes are eliminated. When just two remain, the person with an absolute majority wins. While IRV would save taxpayers millions of dollars through the elimination of an additional round of elections, the real advantages are the ones that advance voter enfranchisement. Instant runoffs encourage candidates to run high-minded races, because they need to simultaneously court voters for their second- and third-choice votes. So instead of seeking a plurality by only working their respective racial, religious or community niches, candidates have to seek votes outside their own particular constituency. That avoids the scenario of a winner who gets elected by a sliver of voters only because the majority was divided among more generally favored candidates. Instant runoffs also can level the general election playing field when the challenger's party has an additional - and often divisive - runoff contest while the incumbent saves money, face and energy. On Election Day, IRV frees voters to vote their consciences without the worry of wasting their vote on a long-shot spoiler candidate like a Ralph Nader since their ballots will be recast for their next choices if their first loses. Last November, San Francisco voters elected seven City Council members in one TRV election - saving the city $1.2 million dollars and saving voters from obnoxious mudslinging ads. Some minority politicians worry that minority candidates can win a plurality but not a majority and thus want to stick with the status quo. But David Dinkins beat Ed Koch with an absolute majority in a :[989 primary. And the coalition that supported [RV in San Francisco included a large number of minority groups. ]:n the :[990s, before New York City's community school boards were abolished, Asian-Americans were able to win their first ever legislative offices in New York State when elections included a ranked-choice system very similar to IRV. The Assembly should pass bills 3509 or 35:[0 to require ]:RV in all party primaries and as an option for general elections in New York City and the state. Green, pubfic advocate for New York City (1994-2001), is president of The New Democracy Project. INTERNSHIPS EMPLOYMENT ABOUT FAIRVOTE Home > IRV America > In the WHATS NEW DONATE FOR PRESS IN THE NEWS News > Op-Eds San Francisco's Innovation in Democracy- Instant Runoff By Steven Hill and Rob Richie Published 2005-02-24 in Chrisitan Science Monitor SAN FRANCISCO AND WASHINGTON - Problems with American elections run deeper than shoddy voting equipment and inadequate election administration. For instance, there is the problem of our top leaders winning with less than a majority of the popular vote. The last two California governors, including Arnold Schwarzenegger, won their elections without support from a popular majority. In Massachusetts, the Democratic primary for governor was won by a candidate with a mere third of the vote. Since 1990, most states have had governors who won elections with less than 50 percent of the popular vote. And of course, Bill Clinton and George W. Bush both won their initial presidential elections with less than a majority of the popular vote. And then there's the problem of filling vacancies through special elections. With the death of Iongtime Congressman Bob Matsui, California must now hold a special election in Nay. Special elections are notorious for Iow voter turnout, and by law if no candidate wins a majority in a congressional special election, a runoff election is required to fill the vacancy, an additional expense for taxpayers. The city of Oakland, Calif., will also soon hold a special election to fill a vacancy on its city council. But they don't use a runoff, and in their last special election, the winner had 33 percent of the vote. In Massachusetts, three special elections soon will be used to fill vacancies, including the seat of former Speaker of the state House Thomas Finneran. Fortunately there's a solution to both problems of winning without a majority or needing a runoff election to ensure a majority winner. It's called instant runoff voting. IRV 'elects a majority winner in one election by simulating a series of traditional runoffs. CONTACT Google Search NEWSLETTER Voters rank candidates in order of choice: first, second, third, and so on. If no candidate wins a majority of first choices, voter rankings are used to determine which candidate has support from a popular majority. If your first choice gets eliminated from the "instant runoff," your vote counts for your second- ranked candidate - the one you'd support if forced to come back to the polls. In last November's election, San Francisco used instant runoff voting for local races. Two exit polls showed that city voters liked their new system and found it easy to use, including the city's many non-English speaking minorities. Previously, San Francisco decided majority winners in December runoffs. Citywide runoffs cost on average about $3 million, and voter turnout plummeted by as much as 40 percent in recent years. Candidates also had to raise more money for the runoff, and independent expenditures tended to soar. But with IRV, San FrancisCo taxpayers are saving millions of dollars. The city also is electing winners when voter turnout is at its peak in November, and reducing the costs of campaigns. Other cities or states electing leaders in multiple elections (including a primary-general election cycle) could see similar gains by adopting IRV. The use of IRV has national implications as well. Think back to the 2000 presidential election. If the nearly 100,000 Ralph Nader voters in Florida could have ranked a second candidate as their runoff choice, many probably would have chosen Al Gore and boosted him to the presidency. Similarly, Republicans could have responded to Ross Perot's candidacies in 1992 and 1996 by trying to get second choices from Perot voters, enhancing their chances against Bill Clinton. IRV is the fairest way to deal with the spoiler controversy that produces non-majority winners. It allows independent and third-party candidates to run and raise important issues that major-party candidates have decided to avoid in this era of poll-tested sound bites and bland appeals to swing voters. Voters are free to cast their ballots knowing that, even if their first choice can't win, their vote can go to a front-runner as their second or third choice. ]:RV also offers something for those tired of polarized politics and mudslinging campaigns. ]:t discourages negative campaigns because winners may need to attract the second or third rankings from the supporters of rival candidates. :In San Francisco's ]:RV elections, we saw a noticeable rise in positive, issue- based campaigning and coalition-building in many races. ]:n fact, a New York Times article was headlined: "New Runoff System in San Francisco Has the Rival Candidates Cooperating." Legislative bills for instant runoffs were introduced in 22 states in the past two years, with states poised for real action in 2005. The topic has drawn bipartisan support from Republicans such as Sen. John McCain of Arizona and Democrats such as Howard Dean, the new chairman of the Democratic National Party and former Vermont governor. Ballot measures supporting :]:RV passed by 2-to-:[ margins in all three cities where it was on the ballot in 2004: Ferndale, Mich.; Burlington, Vt.; and Berkeley, Calif. Places like Australia and ]:reland already have been using instant runoffs for decades to elect their highest offices. California often has started national trends, from hula hoops to property-tax revolts. ]:nstant runoff voting could be next - an upgrading of our democratic methods that better accommodates the reality of American politics today. Steven Hill is Zrvine Senior Feflow with the . New American Foundation and author of 'Fixing Elections: The Failure of America's Winner Take Afl Po#tics.' Rob Richie is executive director of FairVote, the Center for Voting and Democracy. INTERNSHIPS EMPLOYMENT Nta hment # Resolution 2005- A Resolution of the City Council of the City of Ukiah Endorsing Choice Voting Methods WHEREAS, choice voting is an election system that empowers voters by allowing them to rank candidates, that encourages positive campaigning, and that maximizes voter representation; and WHEREAS, instant runoff voting and proportional voting are ranked choice voting systems applied to elections with single and multiple winners, respectively; and WHEREAS, the city of Ukiah is a forward-thinking community that recognizes the value of fair representation for all its community members; and WHEREAS, choice voting allows for instant resolution in close elections without the cost of a runoff election and therefore saves taxpayers money; and WHEREAS, choice voting is gaining positive recognition in California, with the successful use of instant runoff voting in San Francisco, and the recent passage of instant runoff voting measures in San Leandro, Oakland, Berkeley, and Santa Clara County; as well as cities in Michigan and Vermont and the state of Washington; and WHEREAS, many universities in California have adopted ranked choice voting for their student government elections, including UC Berkeley, UC Davis, UC San Diego, UC Santa Barbara, Stanford, and Caltech; and WHEREAS, the city of Cambridge, MA has successfully used proportional voting for nearly 65 years, and countries like the United Kingdom, Ireland, New Zealand, and Australia have also adopted its widespread use; and WHEREAS, SB 596, introduced by Senator Debra Bowen and co-authored by Assemblymember Loni Hancock, would let all cities and counties in California use ranked choice voting, in addition to chartered cities and counties; and WHEREAS, the city of Ukiah is a general law city whose voters wil benefit from the use of ranked choice voting in both city and county elections; THEREFORE BE IT RESOLVED, that the City Council of Ukiah, California supports the use of choice voting in local and state elections and urges the State Legislature to pass SB 596; and THEREFORE BE IT RESOLVED, that this resolution be sent to Senator Debra Bowen, Assemblymember Loni Hancock, Senator Wesley Chesbro, Assemblymember Patty Berg, and appropriate media outlets, PASSED AND ADOPTED this 4th day of May, 2005, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk ITEM NO. 7b DATE: May 18. 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND POSSIBLE ADOPTION OF URGENCY ORDINANCE IMPOSING MORATORIUM ON NEW MARIJUANA DISPENSARIES AND DIRECT STAFF COMMENCE THE DEVELOPMENT OF ZONING REGULATIONS FOR MARIJUANA DISPENSARIES SUMMARY: At its May 4, 2005, meeting the City Council requested staff to prepare a draft interim urgency ordinance, imposing a moratorium on new marijuana dispensaries in the City, pending development of permanent zoning regulations for this use. Attached as Attachment ! is a proposed ordinance. As requested, the proposed ordinance prohibits any new marijuana dispensaries in the City and the expansion of any existing dispensaries, and makes findings that its adoption on an urgency basis is necessary to protect the public health, safety and welfare. The Ordinance relies on the possibility that if one or more new dispensaries were to commence operation without prior discretionary review, they could undermine the City's ability to develop comprehensive regulations for medical marijuana dispensaries. As previously explained, Government Code Section 65858 authorizes a city council to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal without following the procedures otherwise required prior to the adoption of a zoning ordinance. Continued on Page 2 RECOMMENDED ACTION: Determine whether to adopt the proposed interim urgency ordinance. If the Council decides to adopt the ordinance, move to adopt the ordinance by title only, followed by a motion to adopt the ordinance. If the Council decides to adopt the ordinance, it should also direct staff to develop zoning regulations for medical marijuana dispensaries for consideration of the planning commission and the city council. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise the ordinance or the findings Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council David J. Rapport, City Attorney Candace Horsley, City Manager; Charley Stump, Planning Director Proposed Interim Urgency Ordinance Adopting Moratorium on New Medical Marijuana Dispensaries APPROVED: Candace Horsley, C~anager May 13, 2005 Page 2 of 2 In order to do this, the city council must adopt the urgency measure by, at least, a four-fifths vote. The interim ordinance shall be of no further force and effect 45 days from its date of adoption, unless it is extended. The proposed ordinance states that it is effective from May 18, 2005 to .luly 2, 2005. To extend the ordinance beyond 45 days, the city must publish a newspaper notice of and conduct a public hearing on the proposed time extension. Notice of the time, date, location and general subject matter of the hearing must be published at least 10 days prior to the hearing. The city council may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted. In order to adopt an urgency ordinance, the City Council must make legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in a threat to public health, safety, or welfare. The proposed ordinance contains those findings. Ten days prior to the expiration of an interim ordinance or any extension adopted pursuant to Section 65858, the city council is required to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance. If the permanent ordinance is not ready for adoption within the initial 45 day term of the ordinance, staff will prepare a time extension for an appropriate city council meeting occurring before the initial term expires. The City Council should also direct staff to initiate the process of developing permanent regulations for medical marijuana dispensaries. This will involve the development of a draft ordinance for consideration by the Planning Commission. The ordinance and the Planning Commission recommendations will be presented to the City Council. Public notice and hearings will be required before both the Planning Commission and the City Council. Adoption and implementation of the urgency ordinance, as proposed, is considered to be exempt from the provisions of the California Environmental Quality Act, pursuant to State CEQA Guidelines section 15060(c)(2) in that adoption of an urgency measure prohibiting the opening, operation or expansion of such medical marijuana dispensaries would have no effect on the environment, and thus would not be subject to the provisions of CEQA pursuant to State CEQA Guidelines, Section 15061(b)(3). ORDTNANCE NO. ^~'^¢HUENT / AN URGENCY TNTERZM ZONTNG ORDTNANCE ESTABLZSHZNG A MORATOR]iUM ON ANY AND ALL MEDTCAL MARZ3UANA DZSPENSARI'ES FROM MAY 18~ 2005 THROUGH AND I'NCLUDI'NG 3ULY 2~ 2005~ UNLESS EXTENDED BY FURTHER ACT]~ON OF THE C]~TY COUNCZL~ TO TAKE EFFECT I'MMEDZATELY WHEREAS~ 1. The voters of the State of California approved Proposition 215, codified as Health and Safety Code section 11362.5 et seq. and entitled '"The Compassionate Use Act of 1996" (the "Compassionate Use Act"); and 2. The State enacted SB 420 to clarify the scope of the Compassionate Use Act and to allow cities to adopt and enforce rules and regulations consistent with SB 420; and 3. In adopting this moratorium and provision for use permits, it is the council's intention that nothing in this Ordinance be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, permits or allows persons to use marijuana for non-medical purposes or allows any activity related to the cultivation, distribution or consumption of marijuana that is otherwise illegal; and 4. The existing City zoning regulations do not provide for the location and regulation of medical marijuana dispensaries and such uses might be permissible in any zone that allows retail uses, drug stores, or medical uses; and 5. The City Council has directed City staff to prepare, and the Planning Commission to consider and make a recommendation on, a proposal to regulate and/or prohibiting medical marijuana dispensaries; and 6. Two medical marijuana dispensaries have already been opened in a commercial zoning district at the north end of the City; and 7. The United States Department of 3ustice's California Medical Marijuana Information Report has advised that large-scale drug traffickers have been posing as primary caregivers to obtain and sell marijuana. In addition, the State of California and the County of Mendocino have not yet implemented a statewide identification card program for qualified patients and their primary caregivers pursuant to SB 420. 8. A new medical marijuana dispensary could be established in the City, with or without prior inquiry to the City Planning Department and without the opportunity to exercise discretionary approval authority of such use; and 9. If additional medical marijuana dispensaries were allowed to be established without appropriate regulation, such uses might be established in areas currently unaffected by such uses that would conflict with the requirements of the General Plan, be inconsistent with surrounding uses, or be detrimental to the public health, safety and welfare; and if such uses were allowed to proceed as allowed under the current zoning, such uses could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations regarding medical marijuana dispensaries; and 10. This urgency ordinance is adopted pursuant to the requirements of Government Code section 65858; NOW, THEREFORE, THE CiTY COUNCIL OF THE CTrY OF UKZAH DOES ORDAIN AS FOLLOWS: Section 1. Findinq, Declaration of Umencv. The City Council of the City of Ukiah hereby finds and declares that there is a need to enact an urgency interim ordinance establishing a moratorium on ali new medical marijuana dispensaries, subject to the findings and conditions set forth in this Ordinance. Two medical marijuana dispensaries have already opened in the City without any discretionary review. They are concentrated in a commercial zoning district in the north central portion of the City. The United States Department of Justice's California Medical Marijuana Information Report has advised that large-scale drug traffickers have been posing as primary caregivers to obtain and sell marijuana. In addition, the State of California and the County of Mendocino have not yet implemented a statewide identification card program for qualified patients and their primary caregivers pursuant to SB ~,20. If additional medical marijuana dispensaries are allowed to proceed without appropriate review of location and operational criteria and standards, the dispensaries could have potential adverse secondary effects on currently unaffected neighborhoods and the City that present a clear and immediate danger to the public health, safety and welfare. The City finds that if establishment or development of medical marijuana dispensaries were allowed to proceed while the City is studying zoning proposals and regulations for this use, it would defeat the purpose of studying and considering zoning proposals to regulate and/or prohibit this use. Failure to enact this moratorium during the stated period may result in significant irreversible change to neighborhood and community character. Based on the foregoing, the City Council does hereby declare that this urgency ordinance is necessary to protect the public health, safety, and welfare while considering revisions to the zoning regulations related to medical marijuana dispensaries. Section 2. MQr~tQrium. (a) The City Council hereby declares a moratorium on any and all new medical marijuana dispensaries established on or after the effective date of this Ordinance and any and all modifications to existing uses to add or expand a medical marijuana dispensary. (b) During this moratorium and any extension of the moratorium, the establishment or expansion of an existing medical marijuana dispensary shall constitute a violation of this Ordinance and shall be deemed a violation of the City Zoning Ordinance. (c) A tenant or owner of real property in the City shall be deemed in violation of this ordinance, if he or she knowingly allows property of which he or she is the tenant or owner to be used in violation of this ordinance. (d) During this moratorium and any extension of the moratorium, no building permit or zoning permit shall be issued for a medical marijuana dispensary. Section 3. DefiniU~ns. As used herein the term "Medical Marijuana Dispensary" or "Dispensary" means any facility or location where medical marijuana is made available to and/or distributed by or to two or more persons in the following categories: a primary caregiver, a qualified patient, or a person with an identification card, in strict accordance with California Health and Safety Code Section 11362.5 et seq. A "medical marijuana dispensary" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as any such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. and the City of Ukiah City Code, including but not limited to the City's Zoning Code. Section 4. C:onflicUno Laws. During the continuation of the effectiveness of this ordinance, the provisions of this ordinance shall govern. Tf there is any conflict between the provisions of this ordinance and any provision of the Santa Rosa City Code, or any City ordinance, resolution or policy, the provisions of this ordinance shall control. ~ection 5. Severabilitv. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid and/or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Interim Ordinance shall become effective and shall remain in force and effect from and including May 18, 2005, through and including July 2, 2005, unless extended prior to the expiration date. PASSED AND ADOPTED THIS 18th DAY OF MAY 2005, BY THE FOLLOWING VOTE: AYF__5: NOES: ABSENT: Mark Ashiku, Mayor Made Ulvila, City Clerk AGENDA SUMMARY ITEM NO. 7c DATE: May 18, 2005 REPORT SUBJECT: DISCUSSION OF REQUEST FOR PROPOSALS FOR GOLF PROFESSIONAL CONCESSION SERVICES AT THE UKIAH MUNICIPAL GOLF COURSE At the March 4th golf workshop Council reviewed the draft Request For Proposals(RFP) for golf professional concession services for the municipal golf course. During that discussion Councilmember Crane inquired as to whether the process for recruitment of professional services could be sole sourced. As the City Attorney was not present, staffwas directed to research the issue and return to Council for discussion. Council also directed staff to review the RFP with the Men's and Women's clubs for their input. The Men's club has reviewed the document and staff will be meeting with the executive board members on May 18 and will be able to provide an oral update at the regular Council meeting that evening. The Women's club has been provided a copy of the draft RFP but had not held a regular meeting prior to the preparation of this report. Staff will review the RFP with the Women's Club at their next monthly meeting According to the City Attorney, the procurement of professional services is regulated exclusively by the Ukiah City Code. There is no state law imposing requirements which a city must follow in procuring professional services. Under Ukiah City Code Section 1522.C.2, "whenever possible," the City Council shall award a contract for personal or professional services on the basis of at least three bids. (Continued on Page 2) RECOMMENDED ACTION' Direct staff to issue RFP for golf professional concession services. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine that the RFP requires further consideration and remand to staff with direction. 2. Determine that issuance of the RFP is inappropriate at this time and do not move to approve. Citizen Advised: Men's and Women's Clubs Requested by: Prepared by: Coordinated with: Attachments: City Council ,~om Larry W. DeKnoblough munity Services Director and Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager Draft RFP APPROVED' LD/C dace Horsley, Cit~Manager GolfProRFP2.Asr The phrase "whenever possible" has been interpreted in the past as providing some latitude to the City Council to determine whether more than one bidder can provide the services sought by the City. In the City Attorney's opinion, based on the past interpretation of this phrase, the City Council would have the discretion to determine that the current golf pro has unique qualifications which no other bidder could provide, based on the golf pro's many years working at the City's Municipal Golf Course. The City Council could treat that experience as unique and not available from any other source. Although Council could negotiate exclusively with the golf pro for these services, there are several reasons why the City generally seeks multiple comparative proposals. In this specific case, the golf course is at a pivotal point in its operation and in a financially precarious condition. The golf pro concession represents an approximately $150,000 to $200,000 revenue stream through the golf course. Council's original intent in directing staff to develop the RFP and pursue open recruitment was to bring the concession contract and the revenue generated through it, up to current industry standards by acquiring comparative proposals and agreements. The current pro has been invited to participate in the RFP process and has indicated an intent to do so. However, the knowledge that other proposals will also be submitted, will create a competitive atmosphere and likely result ii improving the City's position during negotiations of the agreement. In addition, Council will shortly be considering a fee schedule adjustment which may increase certain golf fees and it will be beneficial for the golf community to know that the City has investigated all possible revenue sources prior to relying on fee increases. Staff believes that with the current conditions of the golf course fund, it would be beneficial to the golf course to seek comparative proposals in order to examine and analyze the full range possibilities to enhance service and increase revenue. DR~FT CITY OF UKIAH REQUEST FOR PROPOSALS GOLF PROFESSIONAL SERVICES PROPOSAL DUE ,2005 I. INTRODUCTION The City of Ukiah is seeking proposals for a qualified member of the Professional Golf Association to operate and provide golf professional (Pro) and concession services at Ukiah Municipal Golf Course. The City anticipates a multi-year agreement for the work requested in this RFP and is seeking an individual experienced in working with public agencies and municipal golf course management. All submittals shall include alt pertinent professional data, historical background, and detailed responses to the information requested in this RFP and shall be written in an appropriate narrative text, tabular materials and illustrative graphics in such a manner as to be easily discernible to the public and City staff All proposals must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Friday ,2005. II. BACKGROUND The City of Ukiah is beautiful community in the heart of California wine country and approximately one hour fi.om the Mendocino Coast. The town is located approximately 60 miles north of Santa Rosa, CA on the Highway 101 corridor with a full time population of slightly more than 15,000. Ukiah is also the regional retail and service hub to the area with a daytime service population of approximately 40,000 people. Ukiah Municipal Golf course is a 5,850 yard, eighteen hole, par 70, facility. Amenities include proshop, cart storage buildings, and community/banquet room. The golf course averages between 40,000 and 45, 000 rounds per year. The community room is currently available for rent to the public for private and public events, however, it is the City's intent to convert the community room into full time food and beverage service with banquet room. The City is also interested in the development of a full service practice/range facility either on or off-site. Golf course maintenance is the responsibility of City maintenance crews, however, the Pro is expected to actively participate in the scheduling and advising of maintenance activities. Groups involved with the golf course include a very active Men's club and Women's Clubs and the City's Parks, Recreation, and Golf Commission. The Pro is expected to actively support these groups through meeting attendance as needed and coordinating events. Ill. OPERATOR RESPONSIBILITIES The minimum scope of services and responsibilities of the operator shall include tasks described below: · Manage all pro shop operations including collection and accounting of daily greens fees, categorical recording of rounds played, and selecting and acquiring all golf related merchandise and supplies for retail merchandising. · Develop and implement critical business systems including but not limited to scheduling all tournaments/events, collecting all fees, preparing and submitting audits, completing asset inventories, developing personnel management procedures consistent with City policy, 2 of 6 paying all taxes and license fees, and providing quarterly repons and accounting of business activity to the City. · Operate and maintain a fleet of cans for public rental. · Develop a complete golf instruction program and employ at least one other fulltime Class "A" Professional Golfers Association (PGA or LPGA) professional. · Develop and implement a comprehensive junior golf development program. · In cooperation with the City develop a comprehensive marketing strategy for promotion of the golf facility including but not limited to promotion of special group and tournament play programs and recruitment of out of area play. Particularly during low play periods. · Act as liaison between the City and 'various golf organizations affiliated with the golf course. · Actively coordinate golf activities with golf course maintenance to minimize interference with play and smooth administration of tournaments and special events. · Prepare and submit an annual operation budget for the operation of concession activities. · Possibly provide food and beverage concessions and develop a plan for the operation of a full service food and beverage facility on site. · In cooperation with the City, investigate the potential to develop of a full service practice range facility on or off-site. · Maintain appropriate insurance in accordance with Exhibit "B' of the attached sample agreement. Based on the above general information, the City has prepared this Request for Proposals for distribution to applicants. All related information necessary to submit a proposal is provided in the following pages for your consideration. IV. INSURANCE REQUIREMENTS The insurance requirements are set forth in "Exhibit B". V. PROPOSAL PROCEDURES Form and Style of Proposals. Describe in a detailed narrative, with supporting data or tabular materials as appropriate, the proposed approach and procedures to be used in completing the tasks described in the Scope of Services capable of meeting the City's expectations as described. Include a proposed schedule showing implementation of the various tasks as needed. The final agreement with the Pro will include a schedule for completion of the major milestones based upon selected consultant's schedule. Proposals shall include a detailed description and history of the applicants experience related to and necessary for the successful completion of the tasks defined in this RFP. Include references and contact information. Proposals shall include a statement as to whether the applicant is sole proprietor, partnership or corporation, or other legal entity and include contact information. 3 of 6 Each proposal shall include a statement that all information included in the proposal is true and accurate as represented by the presenter. Any proposal containing information proven false shall be considered rejected by the City. Submission of Proposals. 1. All copies of the proposal and any related documents shall be submitted in a sealed envelope clearly stamped Golf Professional Services Proposal in a location on the face of the envelope so as to be easily identified. Ten (10) copies of the proposal must be submitted to the office of the City Clerk at 300 Seminary Ave, Ukiah, CA by 5:00 p.m. on Friday ,2005. SUBMIT PROPOSALS TO: Marie Ulvila, City Clerk City of Ukiah 300 Seminary Dr. Ukiah, California 95482 Any questions regarding this request for proposals may be directed to Mr. Larry Deknoblough, Community Services Director at (707) 463-6221. Proposals received after 5;00 p.m. on 22nd or not submitted in accordance with the specifications in this RFP shall be returned unopened. 3. Oral, Facsimile, or electronic proposals shall be considered invalid and will not receive consideration. 4. Applicants shall submit ten (10), full color if applicable, copies of each proposal. 5. Applicants are strongly encouraged to visit the facility prior to submitting a proposal Consideration of Proposals. 1. It is the intent of the City to award a contract to the applicant whose proposal is in the best interest of the City, and based upon but not limited to the applicants demonstrated experience and ability. Applicants selected for an oral presentation shall be prepared to present evidence of professional and financial ability to perform. Selection of the successful applicant shall be based upon a qualitative comparative analysis of professional qualifications, quality of proposal and oral presentation as opposed to a quantitative analysis of proposals. The City shall rank acceptable proposals received and conduct oral interviews with the top ranking applicants. The City will then initiate negotiations with the top candidate. Should negotiations be unsuccessful, the City will then initiate negotiations with the next highest ranking candidate. As part of the evaluation process, the City may contact the applicant's current or most previous employer or visit facilities currently operated by the applicant. 4 of 6 Agreement for Services Attached to this RFP is a sample agreement for professional services. A substantially similar agreement shall be executed between thc City and the successful applicant and shall include the specific terms and conditions resulting from the negotiation process. References Provide a list of at least three client references who have received services from your firm. Provide names of contact person, addresses and telephone numbers for all references. Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements and/or the City's contract provisions as shown in the attached exhibits, the applicant should list the exceptions in the proposal. VI. PHILOSOPHY AND CONCEPT OF OPERATION STATEMENTS The following information is intended to assist with the preparation of the proposal and solicit information from the applicant as to the philosophy of the City and the methodology by which the applicant will deliver services. The proposal narrative should include a philosophy statement demonstrating the applicants approach to service delivery to the general golf community with specific reference to the tasks defined in this RFP. Examples should include: · Description of the applicant's goals and overall approach to operation of golf facilities with specific reference as to how these goals apply to Ukiah. · Delineate the applicants approach to customer service and relationships with local golf groups affiliated with the golf course. State specific examples of past experience. · Describe the methods and basis for budget development and fiduciary responsibility. · Describe methods and philosophy for evaluating service provision. · Describe the applicant's anticipated relationship with the City and any advisory committees. · Provide a description of your philosophy towards and methodology for providing the following programs: · Marshalling program and rate of play · Use of private carts on the course · Fee structure development · Instructional programs · Establishment of discount programs, play incentives, resident priority, and comps. · Senior play and related discounts · Use of facility by schools and development of junior programs · Tournament policies · Pro shop design and dress code for golf professional staff · Marketing of facilities and programs 5 of 6 VH. EXPERIENCE Minimum qualifications include that the applicant has at least five (5) years experience of management responsibility in at least a similar size facility. Proposals should include a detailed description of all previous experience in working with public agencies and list specific references and appropriate contact information. Applicants must include any golf management operations contracts, which have been cancelled or otherwise terminated in the last ten years with appropriate contact information. Applicant shall list any additional golf related operations currently under contract and the remaining length of those contracts. VHI. PERSONNEL REQUIREMENTS Proposals shall include a list of the applicants anticipated personnel to be employed in the Pro shop and the qualifications and duties for each position. If a person other than the applicant is intended to be the Head Pro present, then that shall be specified in the proposal. Operator is expected to employ at least one other fulltime Class "A" Professional Golfers Association (PGA or LPGA) professional. The City expects the current full time staff, other than the Pro, to be given first priority for hire by the incoming applicant or to be retained for a reasonable period of time to be negotiated in the agreement. RIGHT OF REFUSAL The City of Ukiah reserves the right to reject any or all proposals. 6 of 6 ITEM NO. 7a DATE: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF LEASE OF GOLF CART STORAGE FACILITY WITH THE UKIAH MEN'S GOLF CLUB SUMMARY: Per Council's request at the Golf Workshop on May 4, staff is resubmitting the proposed golf cart storage shed lease agreement with the Ukiah Men's Golf Club for consideration. In 1998, the City Council approved a ground lease with the Ukiah Men's Golf Club (UMGC) by which the Club was permitted to construct and operate a golf cart storage facility for privately owned carts. At the same time, the City of Ukiah has continued to operate a separate private cart storage facility. When the agreement was approved, there was a significant need for additional cart storage and the City could not accommodate the demand. However, because of the age of the building and budget constraints resulting in deferred maintenance, the City's storage facility has suffered from declining space rentals. The gradual degradation in the quality of the City's aging facility has resulted in a migration by customers who opt to store their carts off-site or wait for a space to open at UMGC facility rather than deal with the undesirable conditions of the City's facility. In addition, resident-based facilities that offer cheaper accommodations have also contributed to the decrease in demand despite efforts to control these illegal businesses through the zoning code. Continued on Page 2 RECOMMENDED ACTION: Approve lease of the Golf Cart Storage Facility at the Ukiah Municipal Golf Course with the Ukiah Men's Golf Club. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the lease requires revision and remand to staff with direction. 2. Determine lease is inappropriate and do not approve. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: City of Ukiah Parks, Recreation, and Golf Commission Ukiah Men's Golf Club Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager, Larry DeKnoblough, Community Services Director, and David Rapport, City Attorney 1. Proposed Lease AP PROVED!,~ Candace Horsloy, O~ty Manager The proposed lease will combine the operations of both cart sheds under the management of the Ukiah Men's Golf Club. As required by the lease, the UMGC will renovate the older shed including but not limited to the installation of an automated security door, safety exit, new inside lighting, and roof ventilation. The UMGC has also agreed to replace damaged exterior panels and paint the building. As additional financial compensation to the golf course, UMGC will construct a new 25ft. x 50 ft. maintenance shed that will be turned over to the City for use by the Golf Division to house maintenance equipment that is c.urrently parked outside along the 18th fairway. Staff has reviewed the potential of renovating the cart shed currently operated by the City and the construction of additional maintenance space. The cost of renovating the cart shed would be in excess of $10,000. The net revenue generated by the City's shed is estimated at approximately $3,000 to $4,000 per year. Furthermore, the cost to build additional maintenance space as proposed in the lease could easily exceed $70,000. The Golf Enterprise Fund does not currently possess adequate reserves to finance such expenses nor are revenues adequate to support construction as a budgeted expenditure. The UMGC will be able to offset much of the expenditures associated with the management of the storage facility with volunteer labor and donated materials. The proposed lease provides for a 20 year term, the first ten of which would include an annual payment of one dollar. In years 11 through 14, the rent will increase by $250 each year until it reaches $1,000 in year 14. Years 15 through 20 include a cost of living escalator based upon the Consumer Price Index. The rental breakdown is illustrated on page 1, Section 3 of the attached lease. All utilities, operation cost, and maintenance will be the responsibility of the Men's Golf Club for the duration of the lease. The City will take possession of the maintenance facility upon completion of construction, which will be scheduled for the summer of 2005. At the end of the 20 years, all improvements and operational rights of both storage sheds would become the possession of the City. In addition, the City will benefit from an increased number of projects undertaken by the UMGC as the net revenues received from the operation of the stora,qe facility are required by the lease to be utilized for either the improvement or promotion of the .qolf course. The City of Ukiah Parks, Recreation and Golf Commission reviewed and endorsed the proposal at their January 18, 2005 meeting. The Ukiah Men's Golf Club has been an instrumental partner throughout the history of the golf course in completing many improvement projects, including participating in the original construction of both the front and back nine holes. The UMGC also regularly provides volunteers and funding for course improvements. Most recently the UMGC purchased a triplex mower at a cost of $5,000 and donated it to the City of Ukiah for improved maintenance operations at the golf course. The UMGC is a private non-profit whose funds, including any revenues generated from the operation of the storage facility, are used solely for the betterment of the golf course as stated on Page 3, Section 3.3 of the attached lease. The partnership between the City and Ukiah Men's Golf Club has been significantly beneficial to the Ukiah Municipal Golf Course. Staff believes this lease represents one more opportunity to utilize this partnership in accomplishing much needed course improvements and is recommending approval of the lease as proposed. DRAFT LEASE AGREEMENT Attachment #1 This Lease, made this ~ day of by and between the City of Ukiah, State of California, acting by and through its City Council, hereinafter referred to as "Lessor" and the Ukiah Men's Golf Club, a non-profit corporation organized and existing under and in compliance with the laws of the State of California and its officers, hereinafter referred to as "Lessee." RECITALS: 1. Lessor has the authority contained in Government Code (37380 and 37395) and does determine that the use of certain property owned by the Lessor is not required for its use at this time and is available for Lease, and 2. The use of said property by the Lessee would be and is beneficial for the citizens of the City of Ukiah. LEASE AGREEMENT 1. LEASE. The parties hereto agree that on the terms and conditions hereinafter expressed Lessor does hereby let to Lessee and Lessee does hereby hire from Lessor a portion of that certain parcel of property commonly referred to as "Ukiah Municipal Golf Course," located on City property, County of Mendocino and adjacent to Todd Grove Park, more specifically described on the attached "Exhibit A" together with a right of access thereto. 2. TERM. The term of this Lease is for a period of twenty (20) years commencing on the date set forth above. 3. RENT. As rent for the term hereby demised, Lessee agrees to pay to Lessor the sum of One Dollar ($1.00) per year for the first ten years. The remaining ten years shall be paid as indicated below: Year eleven $250 per year Year twelve $500 per year Year thirteen Year fourteen Years fifteen through 20 $750 per year $1000 per year $1000 per year, subject to adjustment as set forth below. the cost of living At the commencement of year fifteen and each subsequent year thereafter, the rent shall increase by the percentage increase in the Consumer Price Index for the month when the CPI adjustment is to be made over the same month in the previous year, not to exceed 5%. CPI means the Consumer Price Index for San Francisco, Oakland-San Jose, CA, all items (base year 1982-1984 =100) published by the United States department of Labor, Bureau of Labor Statistics. In the event the CPI is discontinued or otherwise not available, "CPI" shall mean such comparable statistics on the purchasing power of the consumer dollar as is reasonably agreed upon between Lessor and Lessee. Lessee specifically represents that the purpose of this lease is to renovate, operate, and maintain a golf cart storage facility, more specifically described on the attached "Exhibit B," for the sole purpose of providing storage for privately owned golf carts. 3,1. By no later than December 31, 2005, at no cost to Lessor, Lessee shall complete construction of a 25ft. x 50ft. maintenance shed with an entryway footing and a 25ft. x 20ft. cement slab, more specifically described on the attached "Exhibit C,' for the benefit of the Lessor's equipment. Said construction will comply with plans and specifications approved by Lessor. Upon completion, the building, as described in Ex. C, shall become the sole property and responsibility of Lessor free of all liens and encumbrances of any kind. Lessee shall insure that no liens attach to Lessor's property in connection with or as a result of said construction. Lessee shall give Lessor not less than 30 days advance written notice of the commencement of construction to afford Lessor an opportunity to post and record a Notice of Non-responsibility. 3.2. Lessee further represents that any profits earned from the use of the leased premises will be used in the manner required by California laws governing non-profit corporations, and specifically the provisions of Corporations Code Section 5140(I), or any successor provision that requires Lessee to use any profit it earns from business activity for its non-profit public purpose as set forth in its Articles of Incorporation and By-Laws. 3.3. Lessee hereby agrees to use any profits earned from the use of the leased premises for the promotion or benefit of the Ukiah Municipal Golf Course, as authorized and approved by the City, including, but not limited to, physical improvements to the Golf Course grounds and facilities. 3.4. Lessee hereby agrees to allow the Lessor to park and store 35 rental carts in the golf cart storage facility during non-operating hours of the Ukiah Municipal Golf Course. Storage of additional carts must be approved by both parties. The storage of the carts shall be at no cost to the Lessor. 3.5. Lessor hereby agrees to allow the continued use of private carts on the golf course for the entire term of this agreement, subject to rules and regulations adopted by Lessor. 4. USE AND IMPROVEMENTS. Lessee hereby agrees to install all permanent improvements which shall become part of said property and title to said improvements shall be vested in the Lessor upon completion of the improvements. 4.1. Lessee shall use the leased premises exclusively as a golf cart storage facility to provide storage for patrons of the Ukiah Municipal Golf Course. 4.2. Improvements, excavations, removal of any trees, brush, grass or improvements and other modifications to the property shall be the sole responsibility of Lessee and shall be approved by Lessor prior to conducting work. Lessee shall prepare plans and specifications for said improvements and obtain approval prior to work on the leased premises. 4.3. Lessee agrees to keep the premises and all improvements in good repair and order, and to bear the full cost for maintenance of all improvements. 4.4. Lessee shall acquire the necessary and required permits from the appropriate regulating body for the development proposed under this lease. 4.5. Lessee shall not use or permit the leased premises to be used except in full compliance with all applicable laws, including, but not limited to, rules, regulations, laws or ordinances of the City of Ukiah, Ukiah Municipal Golf Course, and the State of California. 4.6. Lessee shall not maintain any nuisance on the leased premises or engage in any activity that unreasonably interferes with the use of the Ukiah Municipal Golf Course by Lessor and the general public. 4.7. Lessee shall not be responsible in any way for landscaping or landscape maintenance of the area surrounding the leased premises. 4.8. Lessee shall furnish at its sole expense all utilities necessary for its use of the leased premises, including, but not limited to, water, sewer service, electricity, and natural gas. 5. ASSIGNMENT. Lessee will not assign this Lease or any interest herein and will not let or underlet the said premises or any part thereof without the prior written consent of the Lessor. 6. INDEMNIFICATION AND INSURANCE. 6.1 Lessor shall not be liable for and is free from the cost of any damages for personal injury or property damage resulting from the use made by Lessee of the demised premises, any defective condition or faulty construction of the demised premises existing at the time of letting or arising thereafter and Lessee covenants and agrees to indemnity and save harmless said Lessor and its officers, agents and employees from and against any and all liability, loss, cost, or other obligation, including reasonable attorney's fee, on account of or arising out of any such injuries or losses however occurring. 6.2. Lessee covenants and agrees during the life of this Lease at the Lessee's sole expense to comply with the requirements of Exhibit D, Insurance Requirements for Lessees (No Auto Risks), attached hereto and incorporated herein by reference. 6.3. Lessee shall procure workmen's compensation insurance during any period of construction of improvements. Lessee need not procure such insurance provided all of the following conditions are met: a. It maintains its status as a non-profit tax exempt organization; b. It's Board of Directors takes no action to designate any person providing services or work to the organization as its employee: and c. All persons performing services for the organization do so strictly as volunteers without receiving any compensation whatsoever. 6.4. In the event of damage to any improvements on the leased premises, Lessee shall expediently rebuild, repair or otherwise reinstate the damaged Improvements in a good and substantial manner according to applicable Uniform code standards. The reconstruction required herein shall commence after the receipt of insurance funds paid for the purpose of reconstruction, and shall be pursued diligently to completion. 7. TERMINATION. Failure to comply with any provision of this lease, except paragraphs 3, 4.2, 4.6, and 5, within a period of thirty (30) days following receipt of a written notice of noncompliance from Lessor, shall constitute a material breach of the lease and furnish grounds for termination of this lease. A violation of paragraphs 3, 4.2, 4.6 and 5 shall constitute grounds for termination of this lease in accordance with California Code of Civil Procedure Sections 1161 and 1162. Lessor may terminate this lease upon ten (10) days prior written notice delivered to Lessee based on Lessee's failure to comply with the indemnification and insurance requirements of section 6. Any action taken or suffered by Lessee as a debtor under any insolvency or bankruptcy laws, including the filing of a voluntary or involuntary petition in the United States bankruptcy court, and any assignment for the benefit of creditors or the appointment of a receiver shall constitute a breach of this Lease. In such event, Lessor shall have the right to terminate this Lease and retake possession of the Leased Premises and the Improvements. 8. ATTORNEY'S FEES. In the event of any legal action arising out of this Lease, the prevailing party shall recover its attorney's fees and costs resulting from such action. 9. TIME OF ESSENCE. Time is of the essence in this agreement. 10. WAIVER. City's waiver of any default in Lessee's performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessee or its assignees shall not constitute a waiver of the failure of Lessee to pay rent or obtain prior approval to an assignment of this Lease. 11. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the Unites States mail, postage prepaid and addressed as follows: TO LESSEE' Ukiah Men's Golf Club Attn: UMGC President 599 Park Blvd. Ukiah, CA 95482 TO CITY: City Manager Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 12. RECORDING AND BINDING EFFECT. This Lease may be recorded and shall be binding upon and inure to the benefit of any successor to or purchaser of either party's interest. This paragraph does not alter the provisions of paragraph 5, prohibiting assignment or subletting without the prior written consent of the Lessor. 13. PARAGRAPH HEADINGS. Paragraph headings are included for the convenience of the parties and are not intended to define or limit the scope of this Lease. 14. PREVIOUS AGREEMENTS. Any and all existing statement or agreements, whether oral or written, or renewals thereof, between the parties hereto, covering the same subject matter, are hereby canceled and superseded by the terms of this Lease, and such prior agreements, statements or understandings shall have no further force or effect. 15. DUPLICATE ORIGINALS. This Lease may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of this Lease. Entered into on the date first written above. ATTEST: Marie UIvila, Deputy City Clerk CITY OF UKIAH By: Ukiah Men's Golf Club By: Golf Cart Storage Shed Lease EXHIBIT D INSURANCE REQUI~MENTS FOR LESSEES (NO AUTO RISK) A. MINIMUM SCOPE OF INSURANCE Be Coverage shall be at least as broad as: o Insurance Services Office from number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). , Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. o Builders= Risk and Fire and extended coverage insurance as further described below for the full replacement cost of permanent improvements to the Ukiah Municipal Golf Course or the leased premises. MINIMUM LIMITS OF INSURANCE Lessee shall maintain limits no less than: o General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. , Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. o Builder's risk and fire and extend coverage insurance on an "all risk" basis (including collapse) on a completed value form for full replacement value covering the interests of Lessor in all permanent improvements constructed on the Ukiah Municipal Golf Course or the leased premises by or under contract with Lessee. All materials and equipment in any off-site storage location intended for permanent use on the Ukiah Municipal Golf Course or the leased premises, or incident to the s:\rm\dr\docs94\NClHA.ins May 12, 2005 construction thereof shall be insured on an "all risk" basis as soon as the same have been acquired by Lessee. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductibles or self-insured retentions must be declared to and approved by the Lessor. At the option of Lessor, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Lessor, and its officers, officials, employees and volunteers; or the Lessee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability Coverage ao The Lessor and its officers, officials, employees and volunteers are to be covered as insureds as respects liability arising out of activities performed by or on behalf of the Lessee, and products and completed operations of Lessee, or premises owned, occupied or used by them. The coverage shall contain no special limitations on the scope of protection afforded to the Lessor, or its officers, officials, employees or volunteers. b. The insurance coverage shall be primary insurance as respects the Lessor, and its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Lessor, and its officers, officials, employees or volunteers shall be excess of the insurance required by these specifications and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Lessor, and its officers, officials, employees or volunteers. do The insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the Lessor, and its officers, officials, employees and volunteers for losses arising from the use of employees or volunteers entitled to workers compensation coverage. 3. All Coverages s: \rm\dr\docs94\NClHA. ins May 12, 2005 Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the Lessor. E. ACCEPTABILITY OF INSURERS Insurance is to be placed with insurers with a Best's rating of no less than A:VII. F. VERIFICATION OF COVERAGE Lessee shall furnish the Lessor with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on forms provided or approved by the Lessor. Where by statute, the Lessor's workers' compensation- related forms cannot be used equivalent forms approved by the Insurance Commissioner are to be substituted. All certificates and endorsements are to be received and approved by the Lessor before activities covered by the insurance commences. The Lessor reserves the right to require complete, certified copies of all required insurance policies, at any time. s:\rm\dr\docs94\NClHA.ins May 12, 2005 Golf Cart Storage Shed Lease Exhibit A Golf Cart Storage Shed Lease Exhibit B Golf Cart Storage Shed Lease Exhibit C ITEM NO. DATE: May 18, 2005 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSWMA)BUDGET As a member of the Mendocino Solid Waste Management Authority (MSWMA), the City Council reviews and approves the annual budget before its final adoption by the MSWMA Board. General Manager Mike Sweeney has provided the annual report / budget review, which describes the various programs under MSWMA's purview as well as pertinent information for the Council's consideration. The draft budget was approved by the MSWMA Board on April 13, 2005 and referred to member jurisdictions for comment. The draft budget has very few changes compared to last year's budget. One change, however, is the elimination of the expenditure line item for electronics recycling costs. The State has implemented an advance disposal fee system for electronics which, in effect, has eliminated the charges formerly assessed by electronics recycling operations. Staff recommends approval of the budget. The programs under MSWMA's control are well run and assist the City of Ukiah in meeting its State reporting requirements and recycling goals. RECOMMENDED ACTION: Approve MSWMA's 2005-2006 budget. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Mike Sweeney, MSWMA General Manager Diana Steele, Director of Public Works / City Eng!neer~ Rick Seanor, Deputy Director of Public Works ~J~ Candace Horsley, City Manager Mike Sweeney, MSWMA General Manager 1. MSWMA's Annual Report and 2005-2006 budget APPROVED: ~~~ Candace Horsley, City M~ager RJS: AG-MSWMA-Annual budget Review. SUM Mendocino Solid Attachment # ~ Waste Management Authority Annual Report / Budget Review May, 2005 ~m~sCtCOLLECTION Summary MSWMA continues to expand its services to the member jurisdictions, but has stayed within available funds through increases in efficiency. The proposed 2005-06 budget closely follows the current year budget. Programs,, HazMobile. Our three-county household hazardous waste service (Mendocino, Lake and northwestern Sonoma) continued to reduce costs by local processing and consolidation of hazardous wastes. Using a state grant, MSWMA installed a specialized crusher that allows us to emPty and recycle aerosol cans, instead of shipping them out for incineration. The Free Store at our base facility in Ukiah, opened in 2003, saves disposal expense by returning usable products to the public. The HazMobile will collect on 128 days in 2005, spread among 14 locations in the three counties. The vehicle count was 6,412 in 2004, the second-highest total since the program started in 1996. The collection events are advertised through newspaper, radio, bill inserts, fliers, the annual Recycling Guide, the toll-free Recycling Hotline, the website MendoRecycle.org, and signs at disposal sites. 2000 1000- i "HaZMbbile partiCiPati°n' "~:1 '~: , r ~,l.~',i 708 ' '7081,' ' 603 1997 1998 1999 2000 2001 2002 2003 2004 MSWMA 2005 annual report & budget review - page 1 Latex paint recycling at the HazMobile base facility is a major cost-savings for the HazMobile program and additionally provided the public with 8,965 gallons of free paint in 2004, up from 6,755 gallons in 2003. Electronics recycling boomed with the implementation of the state's advanced disposal fee for televisions and monitors, allowing MSWMA to waive all charges for recycling at our participating disposal sites. MSWMA is now a registered collector with the state and entitled to recovery of some costs for collection the cathode ray tube devices from the public. MSWMA's electronics recycling program dates back to 1999, when the HazMobile became the first household hazardous waste program in the state to add this service. Volume is currently 20 tons per month. Appliance freon removal increased substantially in 2004 as residents replaced more refrigerators, freezers and air conditioners. MSWMA recovers refrigerant gases at six disposal sites, at no charge, in order to reduce the recycling charge to the public. 4000- serviced 35oo- 3000- 2500- 2000- 1500- 1000- 500- 1998 1999 2000 2001 2002 2003 2004 MSWMA 2005 annual report & budget review - page 2 Illegal dump cleanup has made increasing demands on MSWMA's resources as public sentiment becomes more intolerant of dumping, while at the same time, economic distress for some sectors and demographic tumover lead to more dumping. In addition to providing the roadside cleanup response to citizen complaints, with 298 cleanups in 2004, MSWMA obtains state grants for larger cleanup projects like the Newman Gulch project in the City of Fort Bragg's watershed and the current pending grant application for a major cleanup near Branscomb. 250 - 1999 2000 2001 2002 2003 2004 Trailer & motor home demolition of units abandoned on pUblic roads is now provided by MSWMA because of a lack of available funds from other departments. Besides their unsightliness, abandoned trailers and motor homes are a health and safety problem. A large demolition pad has been installed at the HazMobile base facility, and specialized equipment is used to dismantle the trailers and motor homes so that the debris can be disposed or recycled. An average of six units a month are delivered to MSWMA by the County Abandoned Vehicle Abatement program. Free tire recycling using state grant funding is another MSWMA program that helps control illegal dumping. This annual event at four disposal sites around the county collects about 8,000 tires for recycling without charge to the public. RecYcling information & promotion has been provided by MSWMA since 1992 to help the public take advantage of waste diversion programs and help the jurisdictions comply with state recycling mandates. In addition to the toll-free Recycling Hotline, annual Recycling Guide, and website www.MendoRecyc!¢.org, MSWMA employs a recycling outreach specialist who goes door-to-door at apartments and businesses to solve recycling problems, l'n 2005, a fully bilingual specialist was hired to help reach the growing Spanish-speaking population. MSWMA 2005 annual report & budget review - page 3 Reporting & compliance with complex state requirements On waste diversion has been provided by MSWMA for our member jurisdictions since 1992. This includes filing the annual reports to the CIWMB, filing time extension and alternative diversion requirement applications, and, most recently, conducting a waste generation study to establish a new "base year" for the unincorporated county. MSWMA also assists member jurisdictions in contract issues with franchised haulers and transfer station operators, upon request. Organization The Mendocino Solid Waste Management Authority is a joint powers authority established in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits, for the purpose of carrying out activities of mutual benefit in the solid waste field. MSWMA is governed by a Board of Directors consisting of two county supervisors and one councilmember from each city. Current board members are: Brian Baltierra, City of Fort Bragg (chair) Tami Jorgensen, City of Willits (vice-chair) Douglas Crane, City of Ukiah Jim Wattenburger, County of Mendocino Kendall Smith, County of Mendocino MSWMA has four full-time employees (a general manager and three hazardous waste technicians) and four part-time employees (a recycling outreach specialist, laborer, extra- help hazardous waste technician, and waste generation study specialist).§ 2005-06 Budget The MSWMA Board approved a proposed 2005-06 budget on April 13, 2005 and referred it to the member jurisdictions for comment. The budget is little changed from the previous year. The most notable change is the reduction of"Electronics recycling costs" to zero because the state's new advanced disposal fee system has eliminated the charges formerly made to MSWMA by electronics recyclers. MSWMA does incur other costs to operate the electronics recycling system, which are included in personnel, fuel, and vehicle maintenance. MSWMA funds are held by the County Treasurer and there is an annual outside audit. MSWMA 2005 annual report & budget review - page 4 MSWMA GENERAL FUND BUDGET, 2005-06 FISCAL YEAR , 2004-05 fiscal year budget. Adopted 6/23/04, amended Proposed INCO~ 8/25/04,10/27/04, 2005-06 fiscal 3/9/05 year budget 1 Electronics recycling income " 50,000 40,000 , 2 Farm & Ranch cleanup grant income 25,000 .. 27,000 3 HHW service 106,500 106,500 4 Interest 9,600 9,600 5 Recycling BloCk Grant 3.1,661 32,000 6 Revenue, misc. 8,000 3,000 7 Sales, compost bin 1,000 400 8 Surcharge 266,000 266,000 9 Tire Grant income 20,000 20,000 10 Used oil block grant income 34,165 32,000 11 Transfer from Equip. Reserve fOr 40,000 track purchase , 12 TOTAL 1NCOME , 591,926 536,500 [Expenditure budget on following page] MSWMA 2005 annual report & budget review - page 5 2004-05 fiscal year budget Proposed ^dopted 6/23/04, 2005-06 fiscal amended 8/25/04, year budget EXPENDITURES 10/27/04, 3/9/05 13 Advertising 3,000 3,000 14 Audit , 3,2,00 3,200 15 Communications (prev!ously Telephone) 6,500 7,000 16 Compost bin purchases 1,000 1,000 17 Electricity 300 ,3,50 18' Electronics recycling costs 25,000 0 19 Fuel 8,000 8,000 20 Health insurance ~27,672 28,020 21 HHW disposal expense 80,000 80,000 22 HHW facility improvement 10,000 0 23 HHW supplies 14,000 10,000 24, Illegal dump fees & cleanup costs 15,000, 18,000, 25 Liability insurance ,, 13,000 15,000 26 Miscellaneous ,5,000 5,000 27 Office supplies 3,000 3,000,,, 28 Oil grant expense 12,000 12,000 29' Payroll expense, regular 177,5,62 179,573 30 Payroll, Used Oil Recycling Grant 22,000 20,000, 31 Payroll, Recycling Block Grant 15,000 ,24,000 32 Pollution insurance ,, 7,000 8,000 33 Postage 700 700 34 Printing .... 6,000 4,000 35 Recycling BlOck Grant, expense 16,600 8,000 36 Rent 4,200 4,400 37 Sales tax 50 50 38 Tire recycling anmesty collections. 20,000 ,, 20,000 39 Training fees , 2,400 3,500 40 Transfer to depreciation reserve 10,768 10,768 41 Transfer interest to Reserve Fund 4,500 5,000, 42 Trash disposal 600 10,000 43 Track purchase 40,000 0 44 Vehicle maintenance 5,000 7,500 45 Vehicle mileage ,,, 4,000 7,000 46 Worker's compensation insurance 24,000 24,000 47 TOTAL EXPENDITURES ,, 587,052 530,061 NET 4,874 i, 6,439 MSWMA 2005 annual report & budget review - page 6 Budget Line Explanatory Notes INCOME 1. Electronics Recycling Income. Effective January 1, 2005, the State of California inaugurated an advanced disposal fee system for cathode ray tube devices (televisions and computer monitors). On that date, MSWMA revoked its fees for recycling that were being collected by our agents at six disposal sites in Mendocino County, and recycling became free to the public. As a registered collector with the state, MSWMA expects to receive per-pound payments for CRTs shipped. The volume of CRTs is unknown, so a conservative estimate is made of prospective income. 2. Farm & Ranch Cleanup Grant Income. MSWMA has applied for a $27,000 state grant for a major cleanup project on Branscomb Road and anticipates funding based on information from the state's grant manager. The grant will reimburse 100% of MSWMA's outlays. 3. HHW Service. Lake and Sonoma Counties pay MSWMA the full cost of HazMobile service to their citizens. MSWMA additionally bills business customers in Mendocino County a pass-through rate for their hazardous waste, and residential customers for any waste in excess of 15 gallons per day. 4. Interest. MSWMA funds are held by the County Treasurer, who pays interest. 5. Recycling Block Grant. MSWMA pools the State Department of Conservation Recycling Grants to its member agencies and uses them in a unified program for promotion of beverage container recycling within the grant's limitations. 6. Revenue, misc. MSWMA-organized OSHA safety training fees to participating agencies, refunds, other items. 7. Sales, compost bin. Through three participating recycling centers, MSWMA sells backyard compost bins to the public at cost. 8. Surcharge. MSWMA's core funding is $4.50 per ton paid by disposal sites on all waste going to landfills. The surcharge was established at $6.00 per ton in 1992 and was reduced in three steps to its present level. In inflation-adjusted dollars, the surcharge is only one-half its original amount. 9. Tire grant income. MSWMA has a state grant that pays 100% of the cost of a free tire recycling program that will continue through 2005. 10. Used oil block grant income. MSWMA pools the allocations to its member agencies under this CIWMB grant program and uses the funds for oil recycling and qualifying HazMobile oil recycling costs. 11. Transfer from Equipment Reserve for truck purchase. Non-recurring expenditure in 2004-05 for replacement of HazMobile tow vehicle. 12. Total Income. EXPENDITURES 13. Advertising. Print, radio and banner expenditures not chargeable under other lines. 14. Audit. Annual outside audit of MSWMA finances. 15. Communications. Telephone, pager, email, and web site hosting & maintenance. 16. Compost bin purchases. Compost bins sold to public at cost in cooperation with three recycling centers. 17. Electricity. For HazMobile base facility, 298A Plant Road, Ukiah 18. Electronics recycling costs. MSWMA formerly paid per pound to have CRTs recycled. With the inauguration of the state's advanced disposal fee on January 1, 2005, the recycler's MSWMA 2005 annual report & budget review - page 7 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. charges went to zero. MSWMA still incurs, other costs in this activity which are included under personnel, fuel, and vehicle maintenance. Fuel. MSWMA operates two diesel-powered trucks and will acquire a third in June, 2005. Health insurance. Blue Cross plan for MSWMA's four full-time employees. HHW disposal expense. Primarily for a hazardous waste management contractor who removes packaged hazardous waste from MSWMA's base facility, and empty drums and supplies delivered by the same truck. Also pays recycling expense for certain other items through other vendors including flourescent tubes and antifreeze. HHW facility improvement. None planned for 2005-06. HHW supplies. Materials not supplied under line 21. Illegal dump fees & cleanup costs. Includes materials and equipment costs for roadside cleanup and major cleanup projects, including Farm & Ranch grant-funded work. Also includes MSWMA reimbursement of dump fees to individuals and groups that do volunteer cleanups. Liability insurance. $10 million general and vehicle liability coverage through Special District Risk Management Authority. Miscellaneous. Office supplies. Covers office materials used by HazMobile, General Manager, Recycling Outreach Specialist, and temporary canvasser for waste generation study. Oil grant expense. Oil recycling charges and some HazMobile advertising paid under Used Oil Block Grant. Payroll expense, regular. Wages, salaries, payroll taxes and SEP-IRA contributions not covered under lines 30 or 31. Payroll, Used Oil Recycling Grant. Technician wages during HazMobile collection activity. Payroll, Recycling Block Grant. Recycling Outreach Specialist wages for beverage container recycling promotion paid under using this grant. Pollution insurance. $1 million insurance for pollution liability. Postage. Printing. Annual recycling guide, door hangers, other literature. Recycling Block Grant expense. Sidewalk recycling containers purchased under this grant. Rent. MSWMA office. Sales tax. Tax on compost bin sales. Tire recycling amnesty collections. Recycling and advertising expenses charged under the Tire Recycling Grant. (Some reimbursement of Payroll Line is also secured from this grant.) Training fees. Annual hazardous waste operations OSHA-mandated safety class provided for MSWMA staff and other local government employees. Transfer to depreciation reserve. Set-aside for equipment replacement. Transfer interest to Reserve Fund. Pro rata share of interest added to reserve fund for facility replacement. Trash disposal. HazMobile operations and dump cleanup disposal fees. Truck purchase. None planned for 2005-06. Vehicle maintenance. For MSWMA's three trucks and three trailers. Vehicle mileage. Covers use of personal vehicle by General Manager, Recycling Outreach Specialist, and canvasser for waste generation study; paid at county mileage rate. Worker's compensation insurance. Provided by Special District Risk Management Authority. MSWMA 2005 annual report & budget review - page 8 AGENDA SUMMARY ITEM NO. 8b DATE: May 18, 2005 REPORT SUBJECT: RECEIPT OF LETTER FROM PATHS, OPEN SPACE, AND CREEKS COMMISSION REGARDING WESTERN HILLS TRAIL PROJECT AND DISCUSSION OF PROJECT CONCEPT Attached for Council discussion is a letter generated by the Paths, Open Space, and Creeks Commission (POSC) describing a trail project in the Western Hills. POSC is seeking Council's conceptual approval of the project as well as approval of assistance in the form of funding and labor, and a commitment to maintenance of the trail. Also attached is an aerial photograph with a diagram of the trail which identifies property owners affected by the project. As proposed by the POSC, the trail would begin in Low Gap Park at the tennis courts and proceed southwest through the hillside portion of the park. The trail would then exit the park and proceed through private property owned by Bob and Lorraine Stout. It exits the Stout property and then trails south on City owned property behind the golf course and around the backside of the water tank. It once again enters private property for a brief switchback, owned by Chris and Helen Philbrick. The trail exits along the south side of the Number one fairway onto Park Blvd. The project has not yet been discussed with the property owners. The project is being forwarded to Council at the request of the POSC for discussion in concept. Specific costs, long term staff impacts on maintenance and public safety, and CEQA review related to the project has not been evaluated. As Council has not previously discussed this project and it will result in unanticipated costs to the City, staff is seeking Council direction as to how council wishes to proceed. RECOMMENDED ACTION: Receive letter from POSC and provide direction to staff ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine POSC request requires further consideration and remand to staffwith direction. 2. Determine POSC request is inappropriate at this time and do not move to approve. Citizen Advised: POSC, Stout, and Philbrick, Requested by: POSC Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager and Charley Stump, Planning Director Attachments: POSC Letter and Trail Diagram AP p ROVE D: (~~.~/'~,~~ ,... Candace Horsley, City M~,,ager LD/C WesternHillsTraiI.ASR From: Paths, Open Space, and Creeks Commission To: Ukiah City Council Re: Western Hills Trail Proposal Date: April 28, 2005 The POSC Commissioners request your support for building a Western Hills Foot Trail through city property above the Municipal Golf Course. Our intent is to provide a recreational experience suited for moderately fit walkers, harmonious with natural habitat and adjacent residential neighbors. ]Et would provide citizens and visitors a healthy and beautiful alternative to street travel, and encourage family and educational outings. This hike offers spectacular views of the valley and high mountains to the northeast. ]Et is replete with wild turkey and deer. The current plan is to extend the southern-most trail in Low Gap Regional (County) Park, crossing a drainage south of the Vernal Pool, switching across City hills land west of residential property, downhill south of the water tanks, and along the southern border of the golf course, connecting with Park Blvd. (see maps). During a PO$CC Workshop meeting and on individual hikes, we've flagged possible routes, trying not to exceed a 10% grade. We hope to begin work this spring while the earth is soft and the weather is mild. Preliminary talks with Pete Halstad, County General Services Director, indicate county staff is receptive to the trail connection with Low Gap Park, if the city provides appropriate site control (construction, ongoing maintenance, signage, litter, and safety). Ongoing meetings with City staff, and a recent one with Parks, Recreation, and Golf Commission, are encouraging regarding a route south of hole Several citizens have hiked the area with us and expressed enthusiasm and support. Members of the Ukiah Valley Trail Group have added planning expertise. Commissioner Holbrook is an experienced trail builder. Extensive signage will be necessary at both ends of the trail to ensure that users stay on the track and clear of hazards, such as steep banks near the water tanks. 5ignege will also remind users of fire hazards, poison oak, and fragile habitat. There is ample parking at the entrance to Low Gap Park, at Todd Grove Park, and at the end of Maple Avenue. While receptalces will be placed at each end of the trail, signege will remind users to "carry it in, carry it out," and to respect the environment. The PO$CC seeks the following support from the council: 1. Communication and coordination with City staff and commissions, and with County staff and supervisors, as necessary. 2. Funding and Labor. Trail building costs depend mainly on construction methods and signage needs. We are expecting a good deal of volunteer labor, including Commissioneers, UVTG, and other community members. City staff labor as available will be helpful in building and ongoing maintanence. Hand-building the trail would be the least costly and most time-consuming method. We've estimated $3,000 by this method for tools, materials, and signage. UVTG has helped us estimate the cost of hiring a professional trailbuilder to do the majority of the work by machine at $15,000 - $20,000, including signage. The PO$CC will need help from the City Council and staff in identifying existing and potential funding sources. 3. Presenting the project to the public. The Council's support at its meetings, in the media, and perhaps through a letter to landowner neighbors, will be invaluable in educating and gaining support of citizens. The POSC Commission sees this project as a beneficial proposal for the general public, residential neighbors (there is evidence that similar community projects have enhanced adjacent property values), the City and County. We are committed to seeing this project through to completion, and contributing to its maintenance. We encourage the council to explore the area and look forward to your support. Society The Economic Benefits of Trails Hiking is one of America's fastest growing recreational activities. In the year 2002, almost one-third of Americans, that's 73.3 million people, went hiking.~ The USDA Forest Service is predicting steep increases in participation in backpacking and hiking, including an 80 percent increase in hiking in the Southern and Pacific Coast areas, over the next 50 years. Hiking is often associated with backcountry recreation and camping, but as trail use grows and more trails are developed near population centers, communities are recognizing the economic, social and health benefits of trails and hiking. "From small businesses centered around our recreation and tourism to science and technology.jobs helping to restore our environment, we are beginning to see tangible economic development as a direct result of improved stewardship of our resources,''2 said Speaker of the West Virginia House of Delegates. An organized trail system is a desirable amenity and can contribute to the economical vitality of the community. A trail can guide both visitors and residents through diverse neighborhoods, past interesting shops, enticing restaurants, and many other businesses in downtown areas. Revenue generated from trail- related recreation and sports activities provide substantial income and employment oppommities.3 A GROWTH INDUSTRY Hiking and outdoor recreation is a booming business. Sales of outdoor gear, clothing, footwear, and other accessories for 2001 amounted to more than $18 billion.4 In 15 years, consumer spending on recreation and entertainment has increased from 6.5 percent of total consumer spending to 10.5. Since 1977, visitors to National Park units have increased by 36 percent. And in the seven years prior to 1994, the number of USDA Forest Service campsites grew by 9.2 percent to accommodate the burgeoning interest in hiking and camping. By the year 2050, the number of people backpacking is expected to increase 26 percent.5 COMMERCE AND JOBS In a study conducted in August 2001, of the visitors to Rio Grande National Forest (52% of whom listed hiking as their primary activity), it was estimated that the amount of money each individual spent per visit within a 50 mile radius of the recreation site included $567.93 for lodging, $319.44 for food and drink, and $168.44 for transportation. It was also estimated that in a typical year, these visitors individually spend $3,805.92 on all outdoor recreation activities.6 · A May 2001 study of visitor impact in Blaine County, Idaho, near the Salmon River, indicated that the impact of visitor spending was the creation of 5,980 jobs and $120 million in income in the county.7 · In 1998 outdoor enthusiasts contributed almost $132 million dollars while visiting the Everglades National Park, and helped to create over 5,000 new jobs.8 After just one season, 61 businesses located along the 35-mile-long Missouri River State Trail reported that the trail was having a positive effect on their businesses. Eleven of the businesses reported that the Trail had strongly influenced their decision to establish their business, and 17 (28%) had increased the size of their investment since the Trail had opened.9 The Washington State Trails Plan estimated that trail users in the state of Washington have an estimated equipment investment of over $3.4 billion which generates tax revenues of $13.8 to $27.6 million.~° Economic Benefits, cont. - 2 - Although all the visitors to the trails just mentioned may not be hikers, well-managed trails running through communities can foster substantial, sustainable economic activity through business development and tourism. Trails encourage the establishment of"clean" industries and businesses such as cafes, bike shops, and bed & breakfasts in communities along the trail. Along the Baltimore and Annapolis Trail Park in Maryland, six trail-related stores have opened and two others have re-located next to the trail to attract new customers. ~ In rural southwest Virginia, the small town of Damascus depends on its auspicious location at the junction of five major trails, including the Appalachian National Scenic Trail, for substantial economic rewards. "In addition to the new businesses that have emerged, the entire area has profited from the thousands of visitors who come to hike and bike the trails.''n RETAIL VALUES The manufacturing of hiking boots, tents, backpacks, sleeping bags and other related outdoor equipment has become a significant job-creating industry. The Outdoor Industry Association estimates that total current sales of outdoor products is $11.3 billion.~3 In Los Angeles County alone, hiking enthusiasts support a $300 million hiking equipment industry. In the year 2001, manufacturers' shipments of hiking boots in the United States totaled over $413 million, and the shipments of backpacks totaled over $77 million.~4 Also in 2001 tent shipments reached $287 million and sleeping bag shipments exceeded $170 million at the wholesale level according to the Sporting Goods Manufacturers Association.~5 As the interest in hiking increases, so will the sales of recreational equipmentl PROPERTY APPRECIATION Trails are becoming common in residential neighborhoods. Development plans for homes, apartments, and townhouses often include footpaths to enhance recreational opportunities and property values. Urban trails are regarded by real estate agents as an amenity that helps to attract buyers and to sell property. Trails are considered lifestyle enhancements and are usually included in the sales package for a property.~6 In a survey of metro-Denver real estate agents, 73 percent of the agents believed a home near a trail would be easier to sell. A survey of homeowners living adjacent to a trail showed 29 percent felt their property value would increase and 57 percent felt their home would sell more quickly because of the trailside location. Furthermore, 29 percent were influenced by the proximity of a trail in buying their home, and 17 percent of renters were influenced by the presence of a trail. ~7 Studies in other regions have substantiated the Denver findings. For example, Seattle's Burke-Gilman Trail has increased the value of homes near the trail by 6.5 percent? In another study of two rail-trails in Minnesota, 87 percent of landowners surveyed believed the trails had no negative impact on the value of their property. 29 A survey of property values near greenbelts in Boulder, Colorado, noted that housing prices declined an average of $4.20 for each foot of distance away from a greenbelt for up to two-thirds of a mile. In one neighborhood, this figure was $10.20 per foot. The same study concluded that the average value of a home adjacent to the greenbelt would be 32 percent higher than the same property 3,200 feet from the greenbelt? TRAFFIC CONGESTION RELIEF Americans spend tens of millions of dollars purchasing, operating and maintaining automobiles. Road and highway building and maintenance, oil production, and environmental damage add to the tab. The average car costs about $3,000 per year to operate plus up to $2000 a year on gasoline.2~ Yet studies indicate that 50 percent of all car excursions are less than three miles, a distance that could easily be walked or biked.TM Residents of La Canada Flintridge, California, use trails to commute to their jobs at the NASA Jet Propulsion Laboratory, reducing commuter costs and improving air quality.23 By using neighborhood trails for transportation, these commuters are saving between five to 22 cents per automobile mile. Using human-powered transportation could result in a savings of 17.9 billion motor vehicle miles, seven billion gallons of gas and 9.5 million tons of exhaust emissions annually.24 Economic Benefits, cont. LOW-COST HEALTH CARE -3- Studies show that walking or hiking a few times per week can improve a person's health and lower health care costs. A National Park Service study compared people who lead sedentary lifestyles to those who exercise regularly. The exercisers filed 14 percent fewer healthcare claims, spent 30 percent fewer days in the hospital, and had 41 percent fewer claims greater than $5,000.25 Hiking is an effective way to control weight, and trails provide an important tool in combating the nation's obesity epidemic. Taxpayers foot the doctor's bill for more than half of obesity-related medical costs, which reached a total of $75 billion in 2003.26 Greater access to trails can directly impact our nation's obesity epidemic by improving access to places for physical activity and opportunities. 27 The anticipated national benefits of increased participation in physical fitness include reductions in both the direct and indirect costs of illness and disease, improvement in lifestyle, and a reduction in geriatric costs.2s ~ Outdoor Industry Association, Outdoor Recreation Participation Study 5th edition, ..http://www.outdoorindustry.org, 2003. 2 Robert Chambers, Speaker West Virginia House of Delegates, From "Green Jobs" Speech to the West Virginia House of Delegates, Feb. 21, 1995. 3 Barthlow, Kelly, Moore, Roger, The Economic Impacts and Uses of Long-Distance Trails, The National Park Service, 1998, p 49. 4 Outdoor Industry Association, State of the Industry Report, 2002, p 1. 5 English, Donald, et al., Regional Demand and Supply Projection for Outdoor Recreation, USDA Forest Service, Southeastern Forest Experiment Station, G.A., June 2000. 6 National Visitor Use Monitoring Project, Rio Grande National Forest, August 20, 2001. 7 Dean Runyon Associates. Economic Analysis of Blaine Coun.ty, May 2001. s Business for Wilderness, The Bottom Line: Protecting the Value of America's Public Lands, 2001, p 5. 9 Barthlow, Moore, p 49. l0 Barthlow, Moore, p 49. ~ Greenways Incorporated, Transportation Potential and Other Benefits of Off-Road Bicycle and Pedestrian Facilities (for FHWA), Washington, D.C., 1992, p 17. n Damascus, Virginia Trail Town nomination, submitted to American Hiking Society, March 11 1996. ~3 Outdoor Industry Association, 2002, p 16. ' ~4 Sporting Goods Manufacturers Association, SGMA Outdoor Recreation Report, htto://www.s.gma.com, 2001, p 2. ~5 Sporting Goods Manufacturers AssoCiation, p 2. - '- - ~6 Barthlow, Moore, p 58. 17 The Conservation Fund and Colorado State Parks State Trails Program, The Effect of Greenways on Property Values and Public Safety, Colorado, 1995, p 6-7. ~8 Greenways Incorporated, p 21. ~9 Moore, Roger, p 33. 2o Ibid. p 21. 21 Public Broadcasting Systems, Green Machines. That Money Show, .http://w~v.pbs.org/wneffmoneyshow/cover/020201 .htm l, June 8, 2001. 22 National Bicycle and Pedestrian Clearinghouse. Technical Assistance Series, Number 2: The Economic and Social Benefits of Off- Road Bicycle and Pedestrian Facilities, Washington, DC, 1995, p. 3. 23 La Canada Flintridge Trail Town nomination submitted to American Hiking Society, March, 1996. 24 National Bicycle and Pedestrian Clearinghouse, p. 3. 25 Greenways Incorporated, p. 14. 26 CNN.com, CDC: Medical cost of obesity $75 billion, http ://www.cnn.com/2OO4/HEAL TH/conditions/O1/21/obesity.spending.ap/ 27 Centers for Disease Control and Prevention, Promoting Physical Activity Through Trails, http://www.cdc.gov/nccdphp/dnpaYphysical/trails.htm 28 Burke, Edmund R., Ph.D. Benefits of Bicycling and Walking to Health (for FHWA), Washington, DC, 1992, p. 13. This fact sheet was originally created by and is reprinted with permission of 1422 Fenwick Lane, Silver Spring MD 20910 (301) 565-6704 www. AmerieanI-Iiking. org Updated February 2004 A~ENDA ITEM NO: MEETING DATE: SUH t4ARY REPORT May 18, 2005 SUB3ECT: DISCUSSION AND POSSIBLE ACTION CONCERNING CONTRACT FOR WATER WITH MENDOCINO COUNTY RUSSIAN RIVER FLOOD CONTROL AND WATER CONSERVATION IMPROVEMENT DISTRICT SUHHARY: At the water rights workshop on April 19, 2005, the Council directed staff to request a meeting between the City's engineering consultant on water issues and the technical experts advising the Mendocino County Russian River Flood Control and Water Conservation Improvement District ("Flood Control District" or "District'S). The purpose of the meeting is to attempt to fully understand and try to reconcile the differences between the District's calculation of the amount of District water the City uses and the same calculations by the City's consultant. The District agreed to the meeting and both parties met on May 13. At the water workshop some council members also expressed an interest in revisiting the City's request for 500 acre feet of District water under the Water Supply Agreement with the Flood Control District. The District has offered the City up to approximately 800 acre feet based on its calculation of the City's past use of District water. The City has requested and been approved for 500 acre feet based on the advice of its consultants. This estimate of dry year needs was based on a conservative analysis of RECOr4HENDED ACTION: Consider whether to seek additional water under the Water Supply Agreement with the Flood Control District and provide staff with appropriate direction, ALTERNAT]:VE COUNCZL POU:CY OPT]:ONS: N/a Citizens Advised: Prepared by: Coordinated with: N/a David 3. Rapport, City Attorney; Candace Horsley, City Manager Gary Weatherford, Bob Wagner, Bernie Ziemianek, Public Utilities Director Attachments: 1. Letter to Hopland Public Utilities District with enclosures ' Horsley,~ity Manager Staff Report Re: Flood Control District Contract Date: May 13, 2005 Page: 2 the City's historical water use and hydrologic conditions affecting water supply. However, since the April 19 workshop several events have occurred that are relevant to the discussion. First, the Division of Water Rights ("Division") of the State Water Resources Control Board ("SWRCB'~ has notified the Hopland Public Utilities District ("Hopland'~ that Division staff have determined that the water from Hopland's well is subject to the jurisdiction of the SWRCB, because the water is pumped from an underground stream flowing in a known and definite channel rather than from "percolating groundwater." In that letter the Division takes the position that pumping water from a subterranean stream, whether or not connected to surface water, such as the Russian River, requires a permit from the SWRCB. Pumping from percolating groundwater does not. The Division has given Hopland until May 19, 2005, to submit evidence to the Division that it has a valid right to divert water from its well. The letter from the Division states that a water supply agreement with the Flood Control District could satisfy that requirement, at least with respect to water use within the allowed place of use under the Flood Control District's permit. (A copy of the letter and accompanying documents is attached as Attachment 1.) Second, an April 26, 2005, letter from Barbara Spazek of the Flood Control District to the SWRCB notes uncertainty as to whether the Norgard & Burke Hill wells operated by Willow County Water District ("Willow'~ are pumping Russian River underflow within SWRCB jurisdiction or pumping percolating groundwater. Until now, Willow has taken the position that these wells pump from percolating groundwater and do not require a permit from the SWRCB. The Flood Control District has announced that it has entered water supply agreements for 7500 acre feet of the 8000 acre feet of Lake Mendocino water covered by its permit. If Hopland and Willow were to request water supply agreements to cover their use under the questioned wells, little, if any, additional water would be available under the Flood Control District permit. Moreover, the basis for the Division staff's decision concerning Hopland's well in the Sanel Valley could apply to wells in any alluvial valley, including the Ukiah Valley. If the Division were to apply a similar analysis to the Ukiah Valley, it could affect the status of all groundwater wells in the valley, including the City's well number 4. The City has taken the position that well number 4 pumps from percolating groundwater and does not require a permit from the State Water Resources Control Board. The implications of including well number 4 under the City's permit are complicated. Water flowing in a subterranean stream, even in the summer, may be contributing to Staff Report Re: Flood Control District Contract Date: May 13, 2005 Page: 3 flow in the Russian River, or may have originated in the West Fork of Russian, or as direct percolation from seasonal rainfall. In these cases, the water could not be diverted under the Flood Control District's permit, because it would not have been released from Lake Mendocino. Moreover, the Division may have to determine whether such water is subject to its determination that the Russian River is fully appropriated,z That determination bars action on any applications for new diversions of water from the Russian River, absent a specified showing by the applicant.2 If well number 4 were determined to require a permit, it would have to be added as an additional point of diversion to the City's permit. The use of water under well number 4 would help perfect the City's water right under its permit, but it might also be subject to summer curtailment in a dry or critically dry year. If the City were to contract for the full 800 acre feet, the use would have to be reported under the Flood Control District's permit; not the City's permit. The maximum amount available under the City's permit is 20 cubic feet per second ("cfs'9. The City's maximum diversion so far has been approximately 8 cfs. Its average annual rate of diversion prior to December 1, 2000, was 5.4 cfs. According to the City's consultants, 500 acre feet equates to .7 cfs. 800 acre feet equates to 1.1 cfs. Reporting an additional 300 acre feet under the District's permit would reduce the amount used under the City's permit by .4 cfs. This represents approximately 7.4% of the City's average annual rate of diversion prior to December 1, 2000, and 5% of the City's maximum rate of diversion. Though the City's consultant is confident of the hydrology calculations, the City could contract with the Flood Control District for up to the 800 acre feet now and release some portion of that water in the future, depending on how the uncertainties created by these recent developments are resolved. ' WR 91-07 states that".., the Declaration restrictions apply only to (a) diversions from the main stem of the Russian River between the Mendocino/Sonoma county line and the confluence of the East Fork Russian River that have been commenced alter .January 28, 1949 (those before this date being assured water, as a prior right, by the Russian River Project), (b) the tributary watershed of that portion of the Russian River upstream of said confluence, commonly known as the West Fork Russian River; and (c) the East Fork Russian River watershed, excluding Potter Valley..." 2 See WR 91-07, which orders, at p. 14 that:".., no further permits should be approved for water from the Russian River or any tributary with surface or subsurface hydraulic continuity therewith, without an affirmative showing by the applicant that water can be diverted without affecting the minimum flows, or can be diverted under other rights or from other sources during the periods when no unappropriated water is available." Alan C. Lloyd, Ph.D. Agency Secretary Attachment State Water Resources Control Board Division of Water Rights 1001 I Street, 14~ Floor · Sacramento, California 95814 · 916.341.5300 Mailing Address: P.O. Box 2000 ~ Sacramento, California 95812-2000 FAX: 916.341.5400 · www.waterrights.ca.gov Arnold Schwarzenegger Governor APR 1 9 ZOO§ In Reply Refer to: 262.0(23-01-06) Evert Jacobson, General Manager Hopland Public Utility District P.O. Box 386 Hopland, CA 95449 Dear Mr. Jacobson: STAFF REPORT OF INVESTIGATION REGARDING DIVERSION BY THE HOPLAND PUBLIC UTILITY DISTRICT FROM THE RUSSIAN RIVER SUBTERRANEAN STREAM IN MENDOCINO COUNTY Staff of the State Water Resources Control Board (State Water Board), Division of Water Rights (Division) has completed an evaluation of the operations of the Hopland Public Utility District (Hopland) in response to a complaint filed by Ms. Rosalind Peterson. This evaluation consisted of a staff inspection of Hopland's facilities on September 16, 2004 and a review of available information regarding the classification of the water pumped by Hopland at its two wells. Copies of the staff report of investigation and groundwater determination memorandum are enclosed. The diversion of surface water and water from a subterranean stream flowing in a known and definite channel is subject to the State Water Board's permitting authority. Division staff reviewed available information regarding the classification of the water pumped by Hopland and determined that both of Hopland's wells draw water from a subterranean stream flowing in a known and definite channel. Division records show that Hopland does not hold a permit or license to appropriate water from the Russian River watershed. During the September 16, 2004 field investigation, Mr. Jacobson stated that ttopland holds a pre-1914 appropriative water fight but the Division has no record of a Statement of Water Division and Use being filed by Hopland for this claimed water fight pursuant to Water Code section 5100. Without an alternative basis of right authorizing the diversions, Hopland's diversion of subterranean stream flow at its wells is unauthorized and a trespass against the State. Hopland has 30 days from the date of this letter to submit any information and evidence to establish that it has a valid basis of right to divert water from its wells. This may include a signed copy of any agreement with the Mendocino County Russian River Flood Control and Water Conservation Improvement District (Mendocino). Please note that delivery of water pursuant to any agreement must be within the place of use authorized under Mendocino's Permit 12947B. SURNAME DWR 540 / Californi~ Environmental Protec~on Ag~t~ ( ii iiii i Mr. Evert Jacobson APR ] 9 2005 Should you any questions, please contact Charles Rich of my staff at (916) 341-5377. Sincerely, Victoria A. Whitney Division Chief Enclosures CC: Ms. Rosalind Peterson P.O. Box 499 Redwood Valley, CA 95470-0499 Mendocino County Russian River Flood Control & Water Conservation Improvement District c/o Ms. Barbara Spazek 151 Laws Avenue, Suite D Ukiah, CA 95482 Marc J. Del Piero Attorney at Law 4062 E1 Bosque Drive Pebble Beach, CA 93953 bcc: JO, MLS, Samantha Olson OCC Crich:jmtipps 12.02.04 - - - CRich\lfischer 2.15.2005 U:\Comdrv\CRichXHOPLAND Terry Tamminen Secretary for Environmental Protection State Water Resources Control Board Division of Water Rights 1001 I Street, 14m Floor · Sacramento, California 95814 · 916.341.5300 Mailing Address: P.O. Box 2000 · Sacramento, California 95812-2000 FAX: 916.341.5400 · www. waterrights.ca.gov Arnold Schwarzenegger Governor MEMORANDUM TO: FILES - 262.0(23-01-06) FROM: Charles A. Rich, Chief Complaint Unit DIVISION OF WATER RIGHTS DATE: November 19, 2004 SUBJECT: FIELD INSPECTION OF HOPLAND PUBLIC UTILITIES DISTRICT FACILITIES An inspection of the Hopland Public Utilities District (Hopland PUD) was conducted on September 16, 2004 by Complaint Unit staff of the Division of Water Rights (Division) in response to a pending complaint filed by Rosalind Peterson against the Hgpland PUD and a potential enforcement action. The following individuals were in attendance: · Evert Jacobsen - Hopland PUD General Manager · Charles Rich - Division staff The purpose of the inspection was to gain a better understanding of the Hopland PUD's facilities and method of operation. The following facilities operated by the Hopland PUD were visited: . Feliz Creek Well (Hopland Well #3) - This well is located less than 300 feet south of Feliz Creek between the Hopland School and old Highway 101. According to a 2002 report prepared by the State Department of Health Services (SDHS), this well is 12-inches in diameter and 57 feet deep. Capacity is approximately 450 gallons per minute (gpm). The well is situated inside a building that also houses an abandoned well. Mr. Jacobsen stated that Well #3 has not been utilized in 2½ years other than for an occasional short test to make sure the well is still operational. The reason this well has not been utilized is due to a meter reading problem with PG&E. After the power shortage problems in 2001, the Hopland PUD installed new, high-efficiency pumps on both operational wells. The new pumps were sized based on demand within the Hopland PUD rather than upon the hydraulic capacity of the well. Considerable power savings were expected, but the Hopland PUD's bills did not reflect this expectation. Further investigation determined that PG&E was basing the bill on estimated power usage using past records as well as confusion regarding which of the Distict's wells were being utilized. In order to minimize this type of problem, the Hopland PUD chose to use only the well located adjacent to the Russian River. California Environmental Protection Agency Recycled Paper FILES - 262.0(23-01-06) -2- November 19, 2004 . . Westside Storage Tank - A new bolted, steel tank with a capacity of approximately 500,000 gallons has been constructed on the hill just above Hopland. The tank is painted green but leakage has left prominent white stains from high levels of minerals contained in the water that are readily visible all around the tank. Well adjacent to the Russian River CHopland Well #2) - This well is located approximately 250 feet east of the Russian River and immediately south of the Highway 175 bridge. According to the previously mentioned report from the SDHS, this well is 16-inches in diameter and 63 feet deep. The SDHS report indicated a maximum capacity of 200 gpm but Mr. Jacobson stated that the pump had been changed to a high-efficiency unit with a capacity of about 450 gpm. The well is located in a small pumphouse that has been elevated above the surrounding flood plain of the river. This well currently provides all of the water supply served by the Hopland PUD. Mr. Jacobson stated that he had measured the depth to the water level in the well from the floor of the ptunp house the previous day as being 26 feet. We visually estimated that the elevation difference between the floor of the pump house and the water level in the fiver was about 30 - 35 feet. If so, the water level in the well was approximately 4 to 9 feet above the level of the fiver. Mr. Jacobson stated that during the winter season when high flows are experienced in the Russian River, the water level in the well can be as much as 16 feet below the level of the fiver. In the late summer or early fall (before the rainy season begins), water levels in the well can be from 8 to 12 feet above the level of the river. Mr. Jacobson stated that concurrent water samples obtained from both the river and the well indicated that: a) the well water has a highly mineralized content whereas the river has a low amount of minerals; b) the river water has high turbidity at the same time the well water has little turbidity; c) the fiver water has high coliform content while the well water has very low coliform content. Mr. Jacobson provided a copy of a water analysis report dated July 13, 2001 prepared by a private water test firm for the Mendocino County Russian River Flood Control and Water Conservation Improvement District (Russian River District). Mr. Jacobson contends that the data contained in this report indicates that the source of water in Hopland Well #2 does not originate from releases from Lake Mendocino into the Russian River. He believes that the well water probably has moved a substantial distance underground and does not come directly from the fiver located to the immediate west of the well. He further argued that such a conclusion is also supported by the water level elevation measurements which indicate that water levels in the well do not follow the water level in the river. He believes that if the well was drawing water directly from the river, water levels in a relatively high capacity well within 250 feet of the river should closely mimic water levels in the river. California Environmental Protection Agency OReo,cled Paper FILES - 262.0(23-01-06) -3- November 19, 2004 . Eastside Storage Tank - A new bolted, steel tank with a capacity of approximately 300,000 gallons has been constructed on the hill just to the east of Old Hopland. The tank is painted a light tan color but a few white stains from high levels of minerals contained in the water are visible in some places around the tank. The construction of this tank and other recent improvements to the Hopland PUD's system were made possible with funds provided through the U.S. Department of Agriculture's Rural Development Program. Department of Water Resources' Monitoring Well - The Department of Water Resources (DWR) has installed three (3) monitoring wells in the Sanel Valley as part of the Dry Year Groundwater Monitoring Program~. Well SV-1 is located in an easterly extension of Sanel Valley to the northeast of the eastside storage tank. Well SV-2 is located immediately north of Highway 175 about 700 feet east of Hopland Well #2. Well SV-3 is located on the grounds of the Hopland School previously mentioned about 500 feet to the southwest of the Feliz Creek well. We visited Well SV-2. Mr. Jacobsen stated that two piezometers have been installed in this well. One piezometer accesses an upper water beating zone while the second piezometer accesses a lower water beating zone located below a 12-ft thick layer of shale between 72 and 84 feet below grade. Mr. Jacobsen stated that a recent measurement at this well indicated there is a difference in water elevation between the two zones of 6 inches. Mr. Jacobsen showed me a map of the Hopland PUD boundaries as well as the "area of influence" that the Local Area Formation Commission (LAFCO) requires the Hopland PUD to serve. The two areas cover a good portion of the Sanel Valley. According to the SDHS report previously mentioned, the Hopland PUD currently has about 300 residential and commercial connections and provides a total of about 300 acre-feet of water to these customers in a normal year. Mr. Jacobsen stated that the Hopland PUD does not provide water for commercial irrigation operations. Near the end of the inspection, Mr. Jacobsen and I discussed the nature of the water being diverted at Well 112. Mr. Jacobsen stated that he believed the water being diverted is percolating groundwater that does not come from the Russian River. He cited the chemical differences between the fiver water and the water in the well along with the hydraulic gradient from the well towards the river as justification for this conclusion. I pointed out that the water coming from a subterranean stream flowing in a known and definite channel could also have a chemical makeup quite similar to groundwater. I showed Mr. Jacobsen the portions of SWRCB Decision 1639 that identified the physical conditions the SWRCB determined must be present for groundwater to be ~ - Detailed information regarding these wells are included in a report entitled: Groundwater Monitoring Well Installation Dry Year Groundwater Monitoring Program Mendocino County, California - Technical Memorandum Report - February 2003. California Environmental Protection Agency Recycled Paper FILES - 262.0(23-01-06) -4- November 19, 2004 classified as coming from a subterranean stream flowing in a known and definite channel. These conditions include: 1. a subsurface channel must be present; 2. the channel must have relatively impermeable bed and banks; 3. the course of the channel must be known or capable of being determined by reasonable inference; and 4. groundwater must be flowing in the channel. Mr. Jacobson acknowledged that the conditions in the Sanel Valley conform to this criteria. However, he argued that this criteria alone was insufficient to determine if a subterranean stream flowing in a known and definite channel exists. I explained that the Division would evaluate all available information and make a determination regarding the classification of the groundwater being diverted at Well #2. I also explained to Mr. Jacobson that if this water is considered to be coming fi'om a subterranean stream flowing in a known and definite channel, the Hopland PUD will need to demonstrate some basis of fight or the diversions will be considered to be unauthorized and a trespass as defined in Section 1052 of the Water Code. Mr. Jacobson stated that he has been collecting historical data regarding the use of water in and around the community of Hopland. He believes he can provide sufficient evidence to support a claim that use of water prior to 1914 within the area currently serviced by the Hopland PUD was equivalent to that of about 20 of the current 300 +/- connections. He stated that use of water for irrigation purposes on property that has since been converted to domestic and/or municipal use and is now served by Hopland PUD had increased by 19492 but that total use of water was still well below the amount provided by the Hopland PUD today. I asked if any of the Hopland PUD's current diversions could be considered rediversion of water released from Lake Mendocino under the permit held by the Russian River District. Mr. Jacobson stated that Hopland PUD has never signed a contract or entered into an agreement to receive any water under the Russian River District's fights. While the Hopland PUD is not opposed to a contract or agreement with the Russian River District, he felt that the terms and conditions the Russian River District wanted to impose as part of any agreement were unacceptable. Mr. Jacobson did state that the Redwood Valley Water District 2 _ Water use in existence prior to 1949 is generally given a priority ahead of the storage of water in Lake Mendoncino under the water fights of the Sonoma County Water Agency and Russian River District. As such, the use of water prior to 1949 could be covered by an application that is not subject to the Fully Appropriated Stream restriction between July 1 and October 31. Use initiated thereafter could be covered by an application with a season outside of this period. Use of water during this period would have to come from some other source (e.g., purchased water or percolating groundwater). California Environmental Protection Agency ORecycled Paper FILES - 262.0(23-01-06) -5- November 19, 2004 was considering a contract with the Sonoma County Water Agency and that he would not oppose a similar contract for the Hopland PUD if the price and any associated conditions were acceptable. Mr. Jacobson also stated that he thought he had seen a letter sent to one of his predecessors by the Division stating that an application to appropriate water at Well #2 would not be accepted as this well was drawing percolating groundwater. Unfortunately, Mr. Jacobson could not locate this letter. I searched the Division's files upon returning to the office, but was unable to locate any indication of such a letter. California Environmental Protection Agency ORecycled Paper I State of California Memorandum TO: 1. Chuck Rich 2. John O'hagan Date: March 22, 2005 Charles NeSmith, Staff Geologist From: DIVISION OF WATER RIGHTS STATE WATER RESOURCES CONTROL BOARD SUBJECT: DETERMINATION OF WHETHER OR NOT HOPLAND PUBLIC UTILITIES DISTRICT WELLS 1, 2, AND 3, ARE WITHIN THE PERMITTING AUTHORITY OF THE STATE WATER RESOURCES CONTROL BOARD INTRODUCTION The purpose of this report is to determine whether or not the subject wells are within the permitting authority of the State Water Resources Control Boarci (SWRCB) i.e. whether or not the wells draw water fi.om a subterranean stream flowing through a known and definite channel or from percolating ground water. State Water Board Decision number 1639 regarding Garrapata Creek in Monterey County (Decision) contains the current criteria for determining whether or not a well is drawing water fi.om a subterranean stream. In this decision the Board identified four factors that determine the presence of a subterranean stream~. 1. A subsurface channel must be present; 2. The channel must have relatively impermeable bed and banks; 3. The course of the channel must be known or capable of being determined by reasonable inference, and; 4. Groundwater must be flowing in the channel. The Board also clarified on page 6 of the Decision that a subterranean stream need not be interconnected with a surface stream and that a subterranean stream is a stream in and of itself. That is, like a surface stream, a subterranean stream is merely the flow of water in ~ These criteria were also used in SWRCB Order WRO 2003-0004, "North Gualala Water Company", which was appealed to, and subsequently upheld by, the Mendocino County Superior Court. a defined channel that may or may not daylight above the ground to create surface flow. As such the Board determined in the Decision that the expert testimony provided by the Applicant (Garrapata Water Company) concerning the interconnection of the ground water in the alluvium with the surface flow of Garrapata Creek was immaterial. Of the four components of the Garrapata test, three of them are inter-related. That is, in the context of subterranean streams, a channel is a geologic feature identifiable in the field or on a map (known and definite) whereby water flows preferentially through the channel rather the rock units bounding (bed and banks) the channel. With respect to defining the bed and banks of the channel, the materials composing the bed and banks need to be relatively impermeable compared to the materials composing the channel. This difference in permeability confines the bulk of the flow of ground water to the channel itself (preferential flow) thus forming the subterranean stream. The fractured granitic bedrock at Garrapata was considered by the board to be relatively impermeable, compared to the alluvium, to form the bed and banks of a subterannean stream. Yet, based on specific capacity data most of the wells installed in the bedrock were capable of meeting domestic supply i.e. about 75 gallons per day per person, or 300 gallons per day for a family of four. A well only has to be continuously pumped at 0.3 gallons per minute to meet this demand. The Garrapata criteria do not allow for thc concept of"underflow", nor is "underflow" identified in the water code as water subject to the permitting authority of the SWRCB. "Underflow" is typically understood to be the subsurface expression of a river or stream and thus this water is considered directly connected to the stream. However, strictly using the Garrapata criteria, a well could draw water fi.om this theoretical subsurface zone but still not be considered to be drawing from a subterranean stream flowing through a known and definite channel because no '"oed and banks" exist to bound, or at least control, the subsurface flow of water. Given the above, under the Garrapata criteria the mere location of a well with respect to a surface water body has no bearing on whether or not it draws water from a subterranean stream flowing in a known and definite channel and thus is within the permitting authority of the SWRCB. GEOLOGY SURROUNDING SUBJECT WELLS The Hopland Public Utilities District (District) wells are located in the Sanel Valley about 15 miles south of the City of Ukiah (Figure 1). The Sanel Valley is about 6 miles long and 2 miles in maximum width. The active portion of the Russian River flows down the length of the Valley and is met in the town of Hopland by two tributaries, Feliz Creek on the western side, and Dooley Creek on the eastern side (not shown on map). The Sanel Valley groundwater basin is defined by the areal extent (horizontal and vertical) of alluvial material that is bounded, and underlain, by bedrock of the Franciscan Formation (Figure 2). The alluvial material generally consists of unconsolidated silts, clays, gravels, and sands. The alluvial material typically has very high permeability and wells installed in this aquifer commonly yield over 500 gpm2. The Franciscan Formation in the area of the Sanel Valley consists of greywacke (clayey "dirty" sandstone), mudstones, and conglomerates on the west side of Highway 101, and a "m61ange" of highly sheared greywacke and mudstones enclosing coherent blocks of greywacke, chert, greenstone, serpentine, blue schist and limestone This Formation is not considered by the California Department of Water Resources to be "water bearing" except in areas of high fracture density and even in these areas the Formation has a very low yield of about 1 to 3 gpm3. SUBJECT WELLS WITH RESPECT TO THE PERMITTING AUTHORITY OF THE SWRCB As Figure 2 indicates, the subject wells are located within the alluvium of the Sanel Valley. The drillers' reports for these wells confirm that they are installed in alluvium because the logged geologic materials Consist of gravels, sands, and clays. The pumping test conducted when the wells were installed also confirms that the overall permeability of this alluvium is similar to the permeability findings of the DWR in its study of the ground water in the Sanel Valley. The DWR study included the drilling of three test boreholes, SV1, SV2, and SV3. Hole SV2 was located at the Hopland Public Utilities District Fetzer Vineyard property, within 500 feet of Hopland well #2. The log of this borehole indicates alluvium down to 48 feet at which point the drill rig hit Franciscan Bedrock. Hole SV3 was drilled at the Hopland Elementary School, within 500 feet of Hopland PUD wells #1 and #3. The log of this boring indicates alluvium down to 100 feet, at which point drilling was halted due to difficult drilling conditions. Likely it was getting near bedrock, given the proximity of the nearby Franciscan bedrock hillsides. Hole SV 1 was drilled at the University of California Hopland Research Center in the Dooley Creek portion of the Sanel Valley. The drillers report for this borehole indicates alluvium down to 200 feet at which point drilling stopped. Figure 2 shows that the Sanel Valley is an elongate valley composed of high permeability alluvium bounded by low permeability Franciscan Bedrock. Based on the information contained in the 1975 and 2003 DWR ground water study reports, the permeability of the Sanel Valley alluvium is at least one order of magnitude greater than that of the surrounding Franciscan bedrock, even when compared to the high fractured zones of the Franciscan formation. The data from boreholes SVI, 2, and 3 indicates that the 2 California Department of Water Resources, February 2003, "Ground Water Monitoring Well Installation Dry Year Ground Water Monitoring Program Mendocino County, Califorma." 3 California Department of Water Resources, December 1975, Bulletin No. 118-4, "Evaluation of Ground Water Resources: Sonoma County, Vol 1' Geologic and Hydrologic Data Franciscan formation underlies the Sanel Valley but the depth to the Franciscan bedrock varies considerably. The above information shows that Franciscan bedrock forms the relatively impermeable bed and banks of a subsurface channel with the alluvium of the Sanel Valley forming the channel. The course of the channel is known by looking at Figure 2. The distance between the "banks" of the subsurface channel at Hopland PUD Well #2 is about 1 mile, and about 2 miles at Well #3. No ground water level contour maps of the Sanel Valley were available for this investigation. However, Division staff infer that ground water is flowing in the channel because the Russian River flows through the eharmel, either discharging water to the ground water table (losing stream) or receiving water from the ground water table (gaining stream) depending on the season. Furthermore, ground water nearly always moves within an aquifer, and a completely stagnant ground water basin is extremely rare. Given the above the Sanel Valley clearly meets the Garrapata criteria. High permeability alluvium containing flowing ground water is bounded by bedrock with a permeability more than 1 order of magnitude less than the alluvium. The course of the channel is known by looking at a geological map. The subject wells draw water from the Sanel Valley alluvium and thus draw water from a subterranean stream. CONCLUSION Because the Sanel Valley meets the Garrapata criteria, and the District's wells are installed in the Sanel Valley, I believe that the District's wells draw water from a subterranean stream flowing through a known and definite channel. Figure 1. Maps showing location of District's wells and topography of the area. I .( / t