Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2005-12-21 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 21,2005 *6:00 p.m. * Or as soon as the meeting may be held after the Closed Session. 4:30 p.m.: Closed Session: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION~ (Government Code Section 54956.9(a).) Name of case: In re: petition of City of Ukiah to amend appropriative water rights permit, State Water Resources Control Board. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INTRODUCTION/PRESENTATION/PROCLAMATION 4. APPROVAL OF MINUTES None 5, RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. g CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Approval of Disbursements for Month of November 2005 b. Rejection of Claim for Damages Received from Marianna DeVote and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund c. Award of Bid to L.N. Curtis and Sons Fire Equipment in the Amount of $26,711.26 for the Purchase of Replacement Large Diameter Fire Hose d. Authorization of Sole Source Procurement of Police Transcription Services from Perfection Plus Transcription, not to Exceed $20,000 e. Accept the Work as Complete for the Brush Street Water Main Replacement Project, Specification No. W-01-05 and Authorize the Filing of the Notice of Completion with the County Recorder f. Award of Bid to 101 Truck & RV for the Purchase of an Econoline DP 1224DA 12-Ton Dual Tandem Equipment Trailer for the Parks Division in the Amount of $9,535.61 and Approval of Budget Amendment g. Award Purchase of Automated Valve Exercising Equipment to Pacific Tek in the Amount of $39,945 Plus Sales Tax 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. al UNFINISHED BUSINESS a. Presentation of Capital Improvement Projects and Equipment Replacement Lists for Public Works and Police Departments (Continued from December 7, 2005) b. Discussion and Direction Regarding a Hydrology Study by Wagner and Bonsignore (Continued from December 7, 2005) 1 NEW BUSINESS a. Presentation and Discussion of Proposed Countywide Business Improvement District for the Lodging Industry and Possible Adoption of Associated Resolution of Consent b. Authorization of the City Manager to Negotiate and Enter into an Agreement for Financing the Development Activities for Purchase of Resource 500 Project c. Authorization by the Ukiah City Council to Authorize the City Manager to Proceed with Phase 1 of the Lake Mendocino Hydro Restart Project and to Transfer $650,000 to the City's General Services Account with NCPA to Begin the Necessary Phase 1 Work d. Authorizing the City Manager to Negotiate and Enter into a Professional Consulting Services Agreement with Brown and CaldWell to Conduct a Groundwater Well Siting Study in an Amount of $89,528 e. Presentation and Discussion Regarding Request of Additional Commercial Funds for DFM Car Stereo/Home Audio Video Photovoltaic Solar Electric Generating Facility f. Presentation and Discussion Regarding the City of Ukiah's Electricity Purchase Costs g. Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit- Department Head Unit 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION a. Employee Negotiations: Department Head and Electric Units Negotiator: City Manager 13. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 15th day of December, 2005. Marie Ulvila, City Clerk The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. ITEM NO.: 6.a DATE: December 21, 2005 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF NOVEMBER 2005 Payments made during the month of November 2005, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 65855-65942, 66018-66183, 66250-66321 Accounts Payable Manual check numbers: none Payroll check numbers: 65943-66017, 66184-66249 Payroll Manual check numbers: none Void check numbers: 65836-65854 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 November 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 Man!ger KRS:WORD/AGENDANOV05 ~J . > 12> ~ o o o [ ~ }' H rJ . > O0 O0 O0 ~000000000 ~000000000 O0 O0 O0 0 00 00 O~ Oh 00 O0 O0 00 ~°~ 00 O00 og 0000 0000 0000 0000 O0 0 0 O0 0 0 O0 0 0 00 · O0 0 0 00~~0~ ~00~00~00 0000~00000' 0 0 6'4 · 0 g° °~ 0 O00 , 0 Oh 0 , H 0 0 0 0 O0 0 000 0000 00 0 0 ~000~ o~ o o o o o · · 0 , , o O0 O~ H H H HHH [dH o o o O0 O0 O0 O0 0 00000000 00000000 oo oo o 0000000000 00 00 00 00 0 O0 ~ 0 0 ~0 0 00000000 o o · o o 0 t~ 0 ~.1 0 0 o oooo oooo oooo oooo o o oooooo oo§oo~ oo oo o i~l~l oooooo oooooo oooooo 0 0 O0 O0 o o o o o o o o o o o o ooo o o o 000 o o o o o o oo oo;; 0000000000~ 0 O0 O0 O0 0 0 0 00 00 00 · cq ~q · · O0 o o o ~ ° r-.-I , · ,r-.'l r.q ~ 0 Oh 0 o o O~ ~ o~ 0 0 00000000 O0 O0 0 0 0000 0 0000 0 0000 o88o 0 0 O0 ooEE~EE~o o 000000000 O0 O0 0 00 88° 0 000 ... ~oo~ 0 ~00~ · ~000~ 0 000 O~ o~~oo~ 0 O0 O0 000000000 ~dzzzz.~o ~ ~ 0 0 0 0 0 0 o ~o ~o ~J ~E-, r.z.1 0 HO 0000 0000 oo~ ~o~o oo o illi oooo oooo °~° o o o o o c~ c~ 0000 o o o o o o o r-t [I3 [13 o ~ o o o o o o o oo o oo ~~0 0000 o o o o · o o · ~0 o , 0 ¢0 120 }...q o o Oo U~ ~:~ 0 ~o ~o 0 ,-1 ~ 0,-1 OH ~J O0 O0 H ~0 U · > oo o oo oo oo o oo ~ oo oo ~ ooooooo oo~oo~ 0 0 ~000000000 000000000 00 o o o oo o o o o o rj o oo o o ooo o o o ~ o ~ ooo ~ o · o oo · 0 o oo~ ~ ~ 0 0 0 rj · > o ~ g ° i H O~ CJ . 0 > 0 0 0 0 00000000 0 00000000 0 ~ 0 00000000 00000000 0 0 0 0 O0 00 00 00 O~ O~ c~ 0 0 o o oo~ oo ooo · 0 · 0 0~0 0 ~ 0 oo~ oo ooo , 0 0 HHHHHHHH 0 H H H rJ , o o o oo o 00 o oo o [13 H I'-~ H I ~ I c~o ~ o o ooo o o o oooooooooooo oooooooooooo oooooooooooo oo oo oo oo oo oo oo 0 0 ooo o lDO o o o O~ 0~0 0 0~00 ~ O~ oo~oo~oo~oo O0 O0 O0 O0 000000000000 000000000000 ............ o~o~~o~ ~0 ~ 0 ~0 o~o~o~~ HNHHHHHHHHH ~000000000000 00000000000 oo ~ O0 O0 O0 H 0 0 0000 0000 0000 oo 0000 00 00 00 L~ ~ 00 00 00 O~ ~ O0 00 ~oo~oo o ~°° O0 O0 0000000000000 ~~~~oo oooo~ 0 0 oooooo ~ ~oo o oo ~oo~ ~0 ~o~ °~ ~°° o oommo · , o o o o o o · 0 o o · o o · 0 o o o o 0 · 0 0 o~ ~Ro ~ ~o 0000000000 0000000000 0 0 00 00 00 Oh O~ o o ooooo o o o~ o'~ · ~-I L~ 0 ~ 0 0'~ g° oo§ ~ ° o oo o · 0 ~o~ ~o~o o~ 0 O~ 0 H O~ H ~ ~J · ~o~ 0000000000 00 00 00 00 Oh O~ o o ~ o o o o 0~ o~ o o o o · 0 o o o o O0 oo~ o ~ o o o · · ~ o o ~ ~m · c~ H m o o o o o o · o o · o o 0~ 0~ · o o o o l~ 0 C~ O~ 0~ H ~ U ~ H ::m 0 0 0 o~ o · 0 > 0 L~ 000000 000000 ~oo~o 000000 ~o o~ o~ H O~ rJ . 0 0 L~ 0 0 O0 O0 0 0~ 00000000000000000000 CO CO 00 00 L~ L~ 00 00 O0 O0 O0 0000000000000 0 0 O0 O0 000 O0 O0 0 00000000000000000000 ~0~00~0~~~00~ 00 00 00 · ~° · 0 u3 120 · 0 o~ o 00 oo oo oo oo ooooooooooooo ooooooooooooo ~oo~oo~oo§oo O0 O0 O0 O0 0 H O~ O~ H:~ O0 0 OH 0 O0 O0 O0 O0 O0 O0 O0 O0 O0 0 O0 O0 ~0 0 0000000000000000000000000000000000000000000000000 0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 0 0000000000000000000000000000000000000000000000000 0000000000000000000000000000000000000000000000000 ~0~0~00~0~~000~~~~~~~0~0~00~0~000 °~°~~°°~~°~°°~°°~°~°~°~~°~°°g2~ 0 O~ ~ ~0 0 ~ O~ ~ ~ ~0 O~ ~ ~ ~ ~ ........... .................................. .... 000000000~0~0~~00000000000000000000000000~0~ 0000000~0~~0~000000000000000000000~~~ O~ Z O0 0 O0 0 O0 O0 O0 O0 O0 0 O0 0 00000000000000000000000000000000000000000 o~0 120 0 0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 O0 0 00000000000000000000000000000000000000000 ......................................... 00000000000000000000000000000000000000000 ~oogooo~oo~g~oo~oo~~og~og~~oo~o ~00000000000000000000000000~0~0~~00000 ~0~000000000000000000000~0~~~0~0 oog oo ooo · . . · o I.-t o o ooo °°o~ o ~ o o o o c) c~ o~ o~ o o o oo oo oo ooooo oo o o oo ooooo o oo 0 u,4 ~ 0 o o o · · <2:> ~ cq LD cq · 0 C> ~oo~ o o o oo ooooo ooooo ~o~o ~~o °~° O0 0 ~.~ ~0 ~0 E~H ~m O0 ~HHHHH ~00000 o o o oo I.D O~°~ o o o oo co co ooo 000000 000000 000000 000 0~ ~g° · , 0 oo ooo . , . ~o · , . · 0 0 ~0~ ~0 ~ 0 oo~ ~0~0 0 0 O0 0 o o~goo~ · 0 0~000 ~00~ o ,ri ,-4 . , §° O~ O~ HO00 o~ rj . > o o o o o 0 0 o o o · °~ Oh t~ · o 0 0 ,, 03o o 0 o3 r~ o o o oo o o o o o o ~0 co u~ u~ o o o o o o ooo oooo oooo oooo oooo oooo Oo© o o o · · · c~q 12> o~ ~ co o o o o o o · o o u~ c~ · u~ o u~ ~ oo o ~q o o ..0 ooo ~oo oo ~ 0 o o 000 H 0 0 0 0 o~ o o o o o co oo o o o c~ c~ co co o o oooo oooo oooo oooo oooo oooo oooo 0 0 o o · o t--t c> · 00000 0 03O ~ 0 o ooo oo~§oo~oo~ooo~oo~oo~oo O0 O0 O0 000 O0 O0 O0 00000000000000000000000 0 0 o · o o O000H o o o · o °~ ~0 ~oo'§~oo~o~ooo~oo~oo~o O0 O0 O0 000 O0 O0 0 00000000000000000000000 00~00~0000000~0000000 ~~0000~00~0~00~~ ~000~~0~0~0~0~~0 ~o~~~oo o~ ~ 000000000000~00~00000 00000000000~0~0~0000~ o~ 0 0 00000000000000000000000 ~ooooooooooooooooooooooo co oo o co o o o co o o o oo o o o o o o o o o o · o o · 0 o o o o o o o · 0 ~ · · o ~oo o o o o ooo · 0 r--Ir-I; 0~ o o 0 O0 ~,D C~ ~.~ 0 0 o ~ o O~ O0 O0 '-0 ~ 0 o o o ZZ o ~ ooooo oooooo oooooo >:>> 120 120 H 0 ,.-.3 U ,< 0 ~oo oo oooo o~~ ~~o ~°°~ o o oooo ~ °°~° 0~0~00 ~o~§o ~o o ooo Z O~ 0 0 ~000~ 0 ~000 0 · {/} i o~ H M) (J · 0 > o o o o c0 o 00 o o o o o oo o o oo o H H H c} O0 O0 000000 ~oo~o 000000 o 0 o c) c) · c) · co o o'~ (*3 · c) co o o o oo oo oooooo oo~ooo ~oo~ o~~o ooo~o HH~H ~ rj H H HHHH 000000 ~000000 r,.) . 0 :> <2> 0 O0 000000 ~I~I~l~-~l~-~l~-~ 00000000000000 00000000000000 00000000000000 0 000 O0 000 CO O0 00 00 CO O0 0 00 · 0 ~ O~ 0 ~ ~0 · 00 ~ 0 0 CO O~ SSo~s O0 00000. ~oo~~ ~0~00~ 000000 000000 ~oo~ooo oo~oo~ O0 000 O0 O0 0000000 000000 ...... . .... . · ~oo~oo~ oo~oo~ ~00~000~000000 ~00~0~0000~0~ .............. oo~oo~oo~§oo~ ~0 ~0 O0 O0 0 0 0 . 0 °g · ~o~ .~~ D888888 ~ ~-~ o o o o ~ o 0000 o o o oooooo o oooooo oooo oooo oooo oo oo ooooooo o oo ooooo o o o o · o oo ooooooo ....... oo~ooj~ ~~00 ....... ~~00 ~~00 00~ ~°°~° ~°~° °°§~° z o~ HHHHH 0 ~j . o > oo ooooo o o o o o o 0 0 o o o ~.~ o o c~ · o o o o o · ~0 o · o ~ · o ~ · o o o o ~ o HHHHH ~0 ~0 0 O~ I---t 0 o 0 H ~(-~ r,J · 0 > 0 0 CD ~J ~ I--I I-I r.j · > o oo o~ ~o o§oo§oOOOoOOO 0 O0 O0 O0 00000000000 00000000000 00 00 °7 co LN 0 0 ~oo~o~oo~ o o o 0~ > o o o o o o · o o · o o 0~ H 0000 ~n ~ o o o o o o ~q o o o ~ o o o o o o o o o ooo o oo ooo o 00 ~,~ o o · 0 [13 · ~t Oh ~.q H o~o oo o ooo o LNLN 0 0 0 0 0 0 · · , H H ~D U~ U 0 0~ 0 H I~ OE~ 0 0 U H H ~ rJ · > c~ 0000000000000 0000000000000 00 00 00 0 0 O0 00 000 0~ oh 0 0 oo oo ~~ooooooooo ~°~°°~°°~°°~~ ~ ~ ~ 0 ~ 0 c) o o · 0 o o o~ o o o · °~ · ~° oo~ o o o · 0 · ~°~°~°~°~o o o o O~ © 00000000 00000000 00000000 O0 O0 ~g~~oo oo 00000000 00000000 00 co ix) Ooo o o o ~,D ~,~ o o o~o~oo~oo~oo~oo 0 O0 O0 O0 O0 O0 0000000000000000000 ;;~;~;~;;~;~;;oo oo oo O0 O0 0000000000000000000 O0 O0 O0 O0 O0 0 0 0 O0 oo~ o o · 0 · , , · 0 oo~oo~o o oo oo~o ~§o o O0 O0 00000000000000000 00000~0~00~000 ~ ~0 ~ O~ O0 ~~~0~0~00 o~o~o~oo~§oo~o~ 0 ~0 O~ O0 O0 ~ 0 ~0 000 · · °~ · , oooo o~ U U 0~ O~t~ o t~ o o oooooooooo oooooooooo ~~~~oo oo o 00000000000 00000000000 0 0 o o~oo ~oo~ 0 O0 ~oo ooo~o 0000~0~00 O~ 0 oo~oo~oo~o O0 O0 O0 0 00000000000 00000~00000 0 O~ O~ o~o o~ oo o~ o o o HHHHHOHHHHH0 > ~0 O~ H o O0 O0 O0 O0 O0 O0 0 00000000000000 00000000000000 0 0 O0 O0 O0 O0 000 O0 0 00000000000000000000000 0 ~0 HHHHHHHHHHHHHHHHHHHHHHH o o o o o co ~ 120 CO o o oo o o o o o o~ o o o · · · o ~° 12> ko 0 0 O0 0 O0 000~ H OoOoO ~ o c~ ~0 o~ ,-t t/~ o 0 o oz o ~ H O~ H ~0 rj · o > <2> 00 o o O~o~ ooo {2> CO <2> 00 o o oo oooo o o 00 co · . ~o ~o o~ o o o · . o o o~ o · . o o o o . . ,.-t H I.-I ~0 ~ H ~o i.D o~oo o oo oooo .... o~o~ · . . . ~°~ o 0 0 ~00 ~00 ~ <2> ~0 0 O OO HO HHHH 0~~ 0000 0 0 CJ · ~D 0 > {:2> ~ r~ r..9 H LD r.j > o o o o~ i.~ L~ 0 0 o o o o o o o o co co ~ 0~ o o o o ~ H O~ · 0 o o [.~ H ~ ~ o · 0 0 i k,~ r~ · o ITEM NO. 6.b MEETING DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM MARIANNA DEVOTE AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Marianna DeVote was received by the City of Ukiah on December 5, 2005 alleging damage to her oven, microwave and telephone jack due to an electrical transformer blowing a fuse. Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Marianna DeVote and refer to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer~ Candace Horsley, City Manager 1. Claim of Marianna DeVote, pages 1-3. agerCandace Horsley, City File With: City Clerk's Office City of Ukiah 300 Seminary Ave ' Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH IRESERVE FOR FILING STAMP U., L:~:,., -5 2005 i;~ CIT'( OF ~'" CiTY CL!,':R K'$ 9EFARTMENT A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person acting on his/her behalf and shall show the following' If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s) being answered. ' ' 1. Name and address of the Claimant: Name of Claimant: Address' . Address to which the person presenting the claim desires notices to be sent: Name of Addressee: ,~,,,~y,~/~ ~$ ,4,d'Ov~"-' Telephone: Address: The date, place and other Circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: ~/~/b.~ L/..~,,~'~,q~ ) Time of OccUrrence: Location' ,/:~ot.,C'~_-,g. /:~z..~"'" ,~~-~,W Circumstances giving rise to this claim' ~",a.¢,,04 Z.I..~-~. ~('~4~¢¢,''l~.,~z~'~¢''¢ ~',:,z.~ 4 ~D~ General description of the indebtedness, obligation, injury, damage or loss incurred so far as it may be known at the time of the presentation of the claim. The name or names of the public employee or employees causing the injury, damage, or loss, if known. Page' 1 of 3 If amount claimed totals less than $10,000' The amount claimed, if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim.. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86.) --~ Limited Civil Case '---]Unlimited Civil Case IYou are requi.red to provide the information requested above in order to comply with Government Code/ ' Claimant(s) Social Security Number(s): (optional) , Claimant(s) Date(s) of Birth: 1-, Name, address and telephon~ number of any witnesses to the oCcurrence or transaction which gave rise to the claim asserted' i I 10. If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone number of any doctors or hospitals providing treatment': 11. If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.: Telephone: Address: Insurance Policy No.;,. Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/year: Claimant's Drivers Lic. No.: Expiration: If appficable, please attach any repair bills, estimates or similar documents supporting your claim. Page ,2 of 3 READ CAREFULLY For all accident claims, pla.ce on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-I" and location of yourself or your vehicle at the time of the acojdent by "B-I" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB ~" · SIDEWALK PARKWAY SIDEWALK . CURB -.-$ Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Signature: Page 3 of 3 AGENDA SUMMARY ITEM NO. 6.c DATE: December 21, 2005 REPORT SUBJECT: AWARD OF BID TO L.N. CURTIS AND SONS FIRE EQUIPMENT IN THE AMOUNT OF $26,711.22 FOR THE PURCHASE OF REPLACEMENT LARGE DIAMETER FIRE HOSE SUMMARY: During the 2005-2006 Budget Review and Approval process, the City Council approved the Fire Department's budget which includes funding for the replacement of fire hose. As part of this continuing replacement program, in response to the City's request for bids for large diameter fire hose, two (2) bids were received and opened by the City Clerk after the deadline of Monday, December 5, 2005, at 2:00 p.m. Refer to the attached bid summary (Attachment 1 ). Bids were reviewed for compliance with the City's specifications. Of the two bids received, only one met the advertised specifications and is being recommended for award. Several lengths of existing inventory of large diameter fire hose has failed annual testing and has been taken out of service compelling the Department to reduce the per engine large diameter hose compliment from 1000 feet to 800 feet. In addition to replacing the failed lengths of fire hose, one-third of this order will be placed in service on the newly purchased fire engine. On November 16, 2005, the City Council approved the purchase of 24 lengths of smaller diameter fire hose. Staff is now recommending award of bid to L.N. Curtis and Sons Fire equipment in the amount of $26,711.22 for the purchase of replacement large diameter fire hose. RECOMMENDED ACTION: Award bid to L.N. Curtis Fire Equipment in the amount of $26,711.22 from account 100-2101.800.000. ALTERNATIVE COUNCIL POLICY OPTION: 1. Provide additional direction 2. Take no action. Citizen Advised: N/A Requested by: City Council Prepared by: Kurt Latipow, Fire Chief Coordinated with: Candace Horsley, City Manager Attachments: 1 - Bid Summary APPROVED: Candace'l-lo~'si'ey, City Manger CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) Attachment # J _ BID OPENING FOR: Fire Hose SPECIFICATION NO. E-26180 DATE: December 5, 2005 TIME: 2:00 p.m. COMPANY AMOUNT MALLORY CO. P.O. BOX 2068 LONGVIEW, WA 98632-8190 L.N. CURTIS & SONS 1800 PERALTA ST. OAKLAND, CA 94607-1603 --MERCI-DES I EXT~ ,,,~.838-0'~Fp i HOT ~ Marie Ulvila, City Clerk Bids: Fire Hose AGENDA ITEM NO: 6.d MEETING DATE: 12/21/05 SUMMARY REPORT SUBJECT: AUTHORIZATION OF SOLE SOURCE PROCUREMENT OF POLICE TRANSCRIPTION SERVICES FROM PERFECTION PLUS TRANSCRIPTION NOT TO EXCEED $20,000 SUMMARY: In 2001 the City Council authorized a $20,000 per year sole source contract to "Transpositions" for transcription services to the police department. The yearly contract amount has remained unchanged. After losing the vendor last September, the department contacted Aimee Shields, who operates Perfection Plus Transcription (PPT) who agreed to provide a trial transcription service to our investigations division so that there would be no lapse in this critical service. PPT possesses the equipment and the flexibility to meet the department's needs by providing service 24 hours a day, 7 days a week and has also been able to meet our standards to have clearance to transcribe confidential criminal, internal and background investigations. The department has had the majority of their reports (over 4,000 per year) transcribed to keep officers out on patrol and meet strict prosecutorial deadlines. The department is proposing a monthly compensation of $1666.66 ($20,000 per year) with PPT. Other providers of transcription services that will serve our area do not have the capacity to take on the volume of reports needed. Additionally, those providers normally charge "by the word" or "by the line" making an average transcribed police report cost in excess of $30.00. Due to PPT's unique qualifications, ability to comply with the required specifications of the department and give personalized service at the level needed, it is recommended that the City Council authorize the award of a yearly sole source contract with PPT. Funds for these services are budgeted in the Supplemental Law Enforcement Service Grant, Fund 205.2001.250.000. RECOMMENDED ACTION: Authorize award of sole source contract with PPT, not to exceed $20,000 for Police Transcription Services. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject proposal and provide staff with direction for alternate action. Citizens Advised: N/A Requested by: Ukiah Police Department Prepared by: Trent Taylor, Police Captain. Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: None Approved: Lk~--~,~~ ~-~da~e'Horsley, 0~ Manager AGENDA SUMMARY REPORT ITEM NO. 6e DATE: December 21,2005 SUBJECT: ACCEPT THE WORK AS COMPLETE FOR THE BRUSH STREET WATER MAIN REPLACEMENT PROJECT, SPECIFICATION NO W-01-05, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER SUMMARY: The work of the contract for the construction of the Brush Street Water Main Replacement Project, Specification No. W-01-05 (the Project), was substantially completed on October 27, 2005 by Granite Construction Company (the Contractor)in compliance with the contract documents and executed change orders. Corrective actions identified in the final inspection were completed on November 23, 2005. The final contract amount is $365,594.17. A total of six (6) change orders were issued of which two (2) were no cost/no credit and four (4) were extra work at the additional cost of $19,404.17. The authorized budget amount for the project was $543,000 within account 840.3850.800.000 for Fiscal Year 2004-2005. A Final Payment in the amount of $18,659.71 will be made 35 calendar days after the Notice of Completion is recorded with the County Recorder pursuant to the provisions of the contract documents. Payment made to the contractor for the work completed was based on a lump sum bid and other adjustments as provided under the change orders issued. RECOMMENDED ACTION: 1. Accept the work as complete. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for recordation. ALTERNATIVE COUNCIL POLICY OPTION: None Requested by: Bernie Ziemianek, Director of Public Utilities Prepared by: Rick Kennedy, Project Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Completion for the Brush Street Water Main Replacement Project, Specification No. W-01-05. 2. Proposed Final Estimate accepted by the Contractor. APPROVEDi Candace Horsl~ey,~Ci Manager Please Return To: CITY OF UKIAH ' 300 Seminary Avenue Ukiah, California 95482 (707) 463-6200 ^TT^CHM~.NT~ ! NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following Municipal Corporation whose address is: City of Ukiah, a Municipal Corporation 300 Seminary Avenue, Ukiah, California 95482 2. That the nature of the title to the Brush Street Water Main Replacement, Specification W-01-05 of said owner is that of fee simple. 3. That on the day of October 27, 2005 the physical work of the Contract was actually completed and that on December 21,2005 the City Council of the City of Ukiah accepted the Work as complete. 4. That the name and address of the Contractor is Granite Construction Company, 1324 South State Street, Ukiah, California, 95482 5. That the real property herein referred to is situated in the County of Mendocino, State of California and is described as City owned property located at Brush Street between State Street and US 101 Hi.~hwav. CITY OF UKIAH, a Municipal Corporation BY: Marie Ulvila, City Clerk STATE OF CALIFORNIA COUNTY OF MENDOCINO Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, That she has read the foregoing Notice of Completion and knows that the content thereof and the same is true of her own knowledge. Marie Ulvila, City Clerk Subscribed and sworn to before me this __ day of ,2005 Notary Public in and for the County of Mendocino, State of California > A'I-I'ACHMENT ~, m o E E AGENDA SUMMARY ITEM NO. 6.f DATE: December 21, 2005 REPORT SUBJECT: AWARD OF BID TO 101 TRUCK & RV FOR THE PURCHASE OF AN ECONOLINE DP 1224DA 12-TON DUAL TANDEM EQUIPMENT TRAILER FOR THE PARKS DIVISION IN THE AMOUNT OF $9,535.61 AND APPROVAL OF BUDGET AMENDMENT SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is requesting authorization to purchase an Econoline DP 1224DA 12-Ton Dual Tandem Equipment Trailer for the Parks Division. Currently, the Parks Division does not have a trailer suitable to transport larger equipment including the Case Loader. This has presented a significant safety concern, especially in maintaining the Ukiah Sports Complex which is only accessible from Highway 101 and is needed at the Complex on a regular basis. Other access points to the Complex are restricted/limited by Fish and Game due to stream crossings. Upon reviewing equipment inventory among all Departments, the City maintains only one other trailer within the Public Works Department suitable to transport larger equipment. Streets Supervisor, Jerry Whitaker, has indicated that the trailer is currently dedicated to the street grinder and associated equipment components. He indicated that the current frequency of use of the grinder/trailer does not afford much opportunity for shared use. Furthermore, he indicated that the turnaround time to offload and reload equipment would take up to two staff members up to two hours per exchange. Continued on Page 2 RECOMMENDED ACTION: Approve award of bid to 101 Truck & RV for the purchase of an Econoline DP 1224DA 12-Ton Dual Tandem Equipment Trailer in the amount of $9,535.61 and budget amendment to the Park's Division Machinery and Equipment account in the amount of $9,535.61. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Reject all bids and provide staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community/General Services Director and Tom Hamblet, Parks Superivsor Candace Horsley, City Manager and Mary Horger, Purchasing Supervisor N/A APPROVED':. '~ can~lace Hor anager The use of the recommend trailer extends well beyond that of transporting the Case Loader. Currently, the Parks Division has only one small/Iow load trailer for servicing more than 89 acres of parkland at more than 15 locations in the Ukiah Valley. Parks Supervisor, Tom Hamblet, has indicated that the trailer will be used frequently to transport mowers and other large equipment throughout the Park System. Requests for bids were sent out to all qualified vendors on file, and a notice was also published in the Ukiah Daily Journal. Bids were returned by two vendors - Reed's Trailer Sales, Inc. and 101 Truck and RV. 101 Truck and RV was the overall Iow bidder at $9,535.61. Refer to the bid summary table below for a complete listing of bid amounts. Bid Summary Table 159,535.61 |$9,995.49 101 Truck and RV Reed's Trailer Sales, Inc. The need for the trailer was identified during the recent capital improvement project and equipment replacement workshop, however, the item was not identified in the current fiscal year budget. Given the immediate need and safety concerns, Staff is requesting approval of a budget amendment in the amount of $9,535.61 to the Park's Division Machinery and Equipment account (100.6001.800.000) for the purchase of the trailer. Funds from Parks Division balance of $25,944 in the Equipment Replacement Fund (698) can be utilized for this budget amendment. ITEM NO. 6.q DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: AWARD PURCHASE OF AUTOMATED VALVE EXERCISING EQUIPMENT TO PACIFIC TEK IN THE AMOUNT OF $39,945 PLUS SALES TAX Submitted for the City Council's consideration and action is staff's recommendation to award the purchase of automated valve exercising equipment to Pacific Tek in the amount of $39,945 plus tax. Valves in the water distribution system need to be exercised on a regular schedule basis to prevent the buildup of rust deposits, which can render the valves inoperable and to allow proper lubrication of packing and seals. Inoperable valves can result in many negative consequences and costs from serious disruption of water service to customers, increased equipment and manpower required to complete repairs, street tear ups, and damages to other property or utilities. The benefits of a valve exercise program include having: accurate records of detailed valve information, valve reliability in emergencies, the ability to immediately isolate main breaks, extended valve life, and less employee overtime in dealing with emergency repairs. (Continued on page 2) RECOMMENDED ACTION: Award the purchase of automated valve exercising equipment to Pacific Tek in the amount of $39,945 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Reject award and provide direction to staff. Citizen Advised: N/A Requested by: Bernie Ziemianek, Director of Public Utilities Prepared by: Ann Burck, Project Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1) Quote from Pacific Tek APPROVED:{ Candace Horsley, O~ty Manager The City of Ukiah's water system has been plaqued with innumerable valve operating problems due to stuck and frozen valves. An on-going valve operating program will alleviate over 98% of these problems. Unfortunately, manually operating valves on a frequent system-wide basis tends to result in increased back strains, arm strains, and other muscle conditions. The valves in the City's streets are not small and when stuck, pose operating problems that can be minimized by the proper operating equipment. There are only two manufacturers of automated valve exercising equipment capable of being mounted on a truckbed, E.H. Wachs Company and Pacific Tek. Mounting this equipment on a truckbed minimizes the amount of space needed to access a valve. This becomes especially important in street intersections, where many water valves are located. Both companies were contacted for equipment demonstrations and quotes. The quote from Pacific Tek was the lowest at $39,945. The quote from Wachs was $41,325. The valve exercising equipment will be mounted on an existing City truck bed of sufficient size to accommodate the weight and arm swing of the equipment. Funds were budgeted and are available for this project in the FY '05-'06 budget. Accounts 612-3510-810-000 and 612-3510-811-000 will split the costs 50/50%. December 15, 2005 City of Ukiah 411 Clay St. Ukiah, CA. 95482 TM 2231 Cape Cod Way - Santa Ana, CA. 92703 Ph: 714-835-3088/1-800-884-5551 Fax: 714-835-3091 Listed below are the description and prices you requested. Complete Model PV-125 SWJ Valve operator and vac system with water jet. This is a flatbed mounted system mounted to a cab / chassis furnished by you. It consists of: Pacific Tek Model PV-100+ "Power-Vac". This skid mounted vacuum system is designed for valve box cleanout and light excavating. It can pick up solids up to 3" and liquids. The system consists of a 100 gallon capacity angled debris tank. The tank has a 6-lug "zero-leak" hinged hatch with water drain valve. Inside the tank is a high level check valve shut-off and an internal tank washdown system. The vacuum is produced by a 325 CFM positive displacement blower fitted with an acoustical / baffled silencer with raincap. An adjustable vacuum relief valve set @ 15"HgA of vacuum protects the blower. It is belt driven by a 20 HP Gas engine with electric start and charging system. A 3 gallon (minimum) fuel tank is fitted. An engine hour meter and tachometer is included. The easy access "centri-clean" filter housing is mounted outside of the tank and houses a 3-stage 10 micron washable filter element and vacuum gauge. The entire skid and tank assembly are epoxy coated inside and out for durability. Also included is a 25 ft./3" diameter pickup hose and non-conductive tube. Unit weight dry is 1100 lbs. making it ideal for pick-up truck bed mounting. Pacific-Tek Model PT-25G Truck Mounted Valve Operator with integral gasoline engine and hydraulic pump. This unit is designed to operate underground gate valves from 6" to 60". It has a hydraulically driven powerhead capable of controlled output from 50 to 2,500 ft. lbs. of torque and turning speeds from 0 to 30 RPM. The powerhead has all of the controls mounted in a manifold which eliminates fittings, hoses, and other potential leakage points, the head rolls out from it's retracted position on rollers for operator ease, a patented feature of this unit. All steel parts are powder coat painted for durability and corrosion resistance. Controls included are: Directional and speed control, torque control and readout which can be pre-set prior to each operation, auxiliary tool circuit with flow control, resetable revolution counter, and pressure control with gauge. The 19 gallon reservoir has an in-tank filter with condition indicator and an oil level/temp gauge. The 13 HP gas engine has electric start, charging circuit, and battery making the unit self- sufficient from the vehicle. This unit to be data collection ready with sensors, counter, and interface device mounted. Pacific Tek "Water Jet 3,000" System. This system can be fitted on any trailer mounted "Power-Vac" system. It consists of a 5.5 HP gas engine driven water pump. The pump output is 2.4 GPM @ 3,000 PSI. Pressure control valve and gauge are included. Also included is a 60 gallon plastic water tank (100 gal. optional) with top mounted cleanout. A hose reel with 50 ft. of high pressure hose and pressure wand with trigger and interchangeable nozzles are furnished Flatbed. This is an 8' x 10' flatbed with steel framed apiton wooden deck and 3 ft. headboard. Unit to have rear corners clipped for optimum valve operator key access. Total System Price: ............ $39,945.00 + sales tax Prices to be FOB Ukiah, CA. -includes pickup and delivery Payment terms: Net 30 days Delivery: 8 to 10 weeks ARO Let me know if you have any questions or need any additional information Regards, Dan Skorcz- President Pacific Tek, Inc. KITOB KENGLIK STANC[YA$I ilmiy~'bilim ordrish turizm m. arkazi. · :. :::::2:.:- ==================================================== . .:7:222:- Ten.; (8.-37i) 135-55..19 e~miil: msrguba...interQ~¥'ahoo.com Dear Mr. Bradley. We thank you for your last letter dd 02.11.05 and we are glad to hear from you again, with this answerback letter we wish you health, peace in family and large successes in your work. FirSt of all I want to inform and assure you, that our business relations don't depend on changes in big politics. Initially we thought of kiendship of small cities of our countries. The International Latitude Station in Ukiah is a destiny for joint work between us. We are united with the latitude 39 degre& 08 minute. It is the latitude of friendship, understanding and planning of our fia-ther projects. USA has more than 200 years history: For this long time American people in particular, citizens of Ukiah have made very much for progress of scientific researches. We feel, that you and the administration of Ukiah is interested in this project, and we, participants of SPTC (Scientific Public Tourism Center) "Kitab Latitude Station" would hke to express our.large gratitude and best regards. to Mayor of Ukiah, Mr. Larsen. We were very glad when we heard that Mr. Mayor expressed his interest in our project. SPTC "Kitab Latitude Station" has earned out the certain work with embassies of Italy and Japan for this time. They completely have supported our project and have expressed desire to open branches in their countries. Opening of °ur branches in these countries will allow us to organize a tourist routes to visit International Latitude Stations, which are located'in Europe, Asia and America. We hope, that you will support this idex Now we have prepared on DVD disks complete route of SPT under the name "Around ;the cities ,of ancient civilization". For operative organization of wOrk, ~ is necessary to open a branch of SPTC in Ukiah, USA. It will allow us to create workplaces, to increase a flow of tourists, the fans of astronomy from cities, where are located Intemational Latitude Stations. In cases of yours agreemel~-t we are ready, with all necessary docaments come to Ukiah with business trip. The meeting with you ~i/~d with the administration of Ukiah will allow us 'to present and tell about our program i~ de~ails. On of the founders of SPTC "Kitab Latitude Station", manager of our project pilot--spaceman Djanibekov V.A~ said that, he has business contacts with American astronauts of NASA, Houston. We have coordinated the idea of opening American branch with him, and he hopes, that American astronauts will support the project. Dear Mr. Bradley Our organization since February 2005 has carried out some operations and nowadays we have financial assets for trip of three members of our center to USA for about 15 days. We think, thatits. ~ time to meet and begin our tourism activities. In connection with this we ask you, according to the legislation of USA to organize the invitation for business trip for the members of SPTC "Kitab Latitude Station". Waiting for your answer, Truly yours, Chairmen of SPTC "Kitab Latitude Station" Sh. Khodjaev. AREA !" DEVELOPMENTAL DISABILITIES BOARD Life Quality Assessment Martin Bradley, Coordinator Lake, Mendocino, Humboldt & Del Norte Counties 21 I West Standley_ Street · Ukiah · California · 95482 · (707) 463-6306 · FAX (707) 467:9352- I aq~.~acific.net FILE COPY Dear This letter is to confirm our appointment to have a '.'Looking at Life Quality" conversation on' Day: Date: Time: Location: If you have any questions or need to rescheduie this appointment, please call me' Visitor: Phone: Or the Life Quality Assessment coordinators at: Mendocino and Lake counties- 463-6306 Humboldt and Del Norte counties- 839-8496 ! Or toll free at 1-800-821-1613 I am looking forward to meeting with you. Sincerely, Life Qua'lity Assessment Visitor C:\OId Computer\DATA LQA 010100 - 123101 \LQA OAB FORMS\confrm_appt__FILE.doc Unit Serial No: 008337 Version: 06.20 Network Address: 00:20:6b:38:20:91 Network Topology: Ethernet Network Speed: 100 Megabits Novell Network Information Print Server Name: MLT 008337 Password Defined: No Preferred File Server not defined Directory Services Context not defined Frame Type: 802.2 On 802.3 Peer-to-Peer Information Frame Type: 802.2 On 802.3 Network ID: 0 h TCP/IP Network Information Frame Type: Ethernet II Subnet Mask: 255.255.255.0 DNS Address: 0.0.0.0 WINS Name: Not Registered - IPP Network Information Internet Printing Protocol AppleTalk Network Information Frame Type: 802.2 SNAP On 802.3 Protocol Address: Net Number 65384 Preferred AppleTalk Zone: Preferred AppleTalk Type: Connector: RJ45 enabled enabled enabled Protocol Address: 192.168.99.9 Default Gateway: 192.168.99.1 enabled http://192.168.99.9:631/nic/Print enabled Node Number 224 Socket Number 129 Default Zone LaserWriter Novell inactive Peer-to-Peer Connection Information Printer Name: MLT 008337 AppleTalk Connection Information AppleTalk Printer Name: MLT 008337 TCP/IP Connection Information Port Number : 10000 AGENDA SUMMARY ITEM NO. 8.a DATE: December 21, 2005 REPORT SUBJECT: PRESENTATION OF CAPITAL IMPROVEMENT PROJECTS AND EQUIPMENT REPLACEMENT LISTS FOR PUBLIC WORKS AND POLICE DEPARTMENTS- continued from December 7, 2005 SUMMARY: On December 7, 2005, a workshop was held to provide various departments the opportunity to present their Capital Improvement Projects (CIP) and Equipment Replacement Lists to the City Council, allowing for the Council to receive preliminary information from the departments in preparation for the budget process starting in February, 2006. This agenda item continues that discussion to allow the Public Works and Police departments the opportunity to present their Capital Improvement Projects and Equipment Replacement Lists. These, as well as all other city departments, will be preparing detailed information including prioritization of their projects and the rationale for recommendations of equipment purchases at a later date to discuss with Council. RECOMMENDED ACTION: Receive reports and provide comment on proposed Capital Improvement Projects and Equipment Replacement Plans as presented by the Public Works and Police departments. ALTERNATIVE COUNCIL POLICY OPTION: 1. Provide additional direction 2. Take no action. Citizen Advised: N/A . Prepared by: Sue Goodrick, Risk Manager/Budget Officer ~/ Coordinated with' Diana Steele, Director of Public Works; JohnWilliams, Police Chief; Candace Horsley, City Manager Attachments: 1 - Public Works Capital Improvement Projects 2 - Public Works Equipment Replacement List 3- Police Department Equipment & Vehicle Replacement List APPROVED: Can-d-~ce Fl~)~sl~y;' City rv~nager CD 0 nz E i > 0 i$ o 0 'E o 8 -o -~0 0© 0 o ~ 0 0 0 0 0 o 0 0 Z 0 0 (D (D o 0 0 z 0 C~ o 0 :2, '" E ~ '~ £z_E o 0 o,,I o .~_ ~- ~ 'r- - 0 o o Z 0 0 C) i0 0 0 0 '~ N Il o 0 > 0 t- 0 0 > z 0 CD CD 0 t- 0 0 o 0 > 0 0 0 0 C9 0 C> C> C> 0 0 ~ E > -.~ 0 0 £z_~ o 0 0 Z 0 't- ,_ 0 0 0 Z 'o 0 't- LO 0 0 > o o o' > 0 't- 't- i'o I'O · II 0 o o o o c~ CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS Equipment Replacement Notes November 9, 2005 En.~ineerinq There are three vehicles within this division. Rick Sands is the primary driver of vehicle 3121. The two sedans, vehicle numbers: 4162 and 4561, are utilized by other staff members. All vehicles are in good repair. Vehicle number 4561 is due for replacement next year. Although this vehicle is not driven many miles, it is quite handy to have as a backup vehicle when the engineering interns are on duty assisting staff. Garage The engine analyzer is due for replacement this year. The analyzer was not included in the budget since there are insufficient funds in the fund balance to cover the projected replacement cost. Staff will do further research on replacement costs and may consider requesting this item to be considered at the mid-year budget adjustment. Street Maintenance There are several items due for replacement in 2005. Of these, the street sweeper (vehicle number 2531) is scheduled to be replaced with a CNG street sweeper in December 2005. Of the remaining vehicles due for replacement, staff has identified vehicle number 2711 as the highest priority for replacement. Public Works Supervisor Jerry Whitaker noted that the vehicle is due for major maintenance including replacement of the air compressor. In addition, the paint truck does not meet current requirements for safety lighting. The truck has been retrofitted to serve as the City's "paint truck". The paint sprayer equipment on the truck was new in 1979. The truck is in poor condition and a replacement vehicle is needed. The City Council approved $30,000 toward purchase of this vehicle in the FY 2005-2006 budget. Staff has estimated a cost for a replacement paint truck of $74,000. Additional funding for replacement of this vehicle is available in the equipment replacement fund balance. The second priority for replacement is vehicle number 3130, Ford F150 pickup, which was transferred from the landfill to the street department. This vehicle is at the end of its useful life and needs to be replaced by a truck with a utility bed. There are several dump trucks within the Street Maintenance Division. Jerry Whitaker explained that certain jobs require two or more dump trucks. In addition, there are different size dump trucks which can be used for specific jobs. Also, there are times when dump trucks are needed on two different jobs. ~ ~ ~ o E ~ ~ ~ o~o o o ~ ~ m o, o '' ~ II m III ~ -- ~0~ O0 ~ = E ' .- ~ = 8 ~ ~, ~ ~o. ~ ~- o° ~'- ~ ~ 0~ 0 ~ · --~ ~ ~ ~ 0 0 A ~ -- ~ ~ ~'_ m~ ~._ · ~mm°~ ~ ,~° ~ ~ o° ~ o --~ >' ~ ............ ~- ~E o° --~o o ~ ~ ~ i .~ ~ o 0 ~ ~~ C : : ~ ~ z z o 00 o ('4 oo E A'n'ACHMENT~ Z 0 o '~ t~ 0 0 0000 0 m 0000~~- ~ ~~==~ ~oooo 0~ ~000 ~0 00~ ~oo ~ ~00 00000 00000 0 0 0 ~ ° C ~ Q ,_ ~===~ ~ooo~ AGENDA SUMMARY 8b ITEM NO.._.....~..~_,, DATE: December 21, 2005 REPORT SUBJECT: DISCUSSION AND DIRECTION REGARDING A HYDROLOGY STUDY BY WAGNER AND BONSIGNORE - continued from December 7, 2005 SUMMARY: On November 16, 2005, the City Council directed staff to provide information regarding a work plan to address possible impacts from future water demands in the unincorporated areas on the city's water supply. It was requested that the report be prepared by the City's hydrology professional consultants Wagner and Bonsignore and that they submit timelines and a cost breakdown for each work plan item. Attached is a letter from Bob Wagner outlining these details. RECOMMENDED ACTION: Discuss and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: 1. Provide additional direction 2. Take no action. Citizen Advised: N/A Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: Letter from Bob Wagner Candace I-iorsley, Ci~ Manager Attachment #, , I lq'gig)las F. Bor~.ignom, P.F~ Robert C. Wagner, l~___~!a ~. Whealen R~ E. Sl~Ifus W_ag .. erSd3onsign, ore Consulfin~ Civil Engineers, ~ Corporation MEMORANDUM Attorney Client Work Product To: Candace Horsley, Manager, City of Ukiah Gary Weatherford, Attorney From: Robert C. Wagner, P.E. Date: December 14, 2005 Re: Hydrogeologic Investigations in the Ukiah Valley The purpose of this memorandum is to provide a brief summary of the type of information and the level of study needed to ascertain whether or not increased pumping by Millview County Water District (or others) to serve new or existing development has the potential to impact the City. Some of this data has been previously collected and. some will be collected during the City's well siting study. The purpose of doing some additional "reconnaissance level" hydrogeologic investigation is to compile all pertinent available data into one document and analyze the information in relation to potential impacts to' the City's wells and the Rarmey collector. The value to the City of having conducted some preliminary investigations into the hydrogeologic conditions of the Valley is two fold. First, we will gain an understanding of the conditions that affect the City's water supply and be able to identify potential affects of changing Conditions in the future. Secondly, we will be able to determine the proper course of action to protect the City's interest from the proposed expansion of use by Millview or others. The possible courses of action could include attempting to have Millview modify its project in a way to minimize impacts to the City; preparing comments to any CEQA document that is prepared by Millview; or filing of a complaint with the State Water Board or in court. Following is a list of information and tasks to be undertaken. It will be necessary to work closely with the firm conducting the well siting study to develop the information outlined below. Task I - Records Search-Data Gathering a) Conduct literature search for published reports on geology and hydrology of the Ukiah Valley b) Compile published precipitation data for Ukiah Valley and vicinity c) Compile USGS discharge data for all sources contributing to Ukiah Valley d) Investigate and compile driller's logs for wells in and near Ukiah e) Compile available water level data f) Identify tributary drainage area to the Valley and identify tributary sources lb: 916-441.6850 Memo to Candace Horsley December 15, 2005 Page 2 of 2 Tasks I - (a), (d), and (e) will most likely be included in the work performed for the well siting study. The City will Want to make sure that the extent of the research for that effort includes areas beyond the City that have the potential to affect the City's water resources. Deliverable Task I: Compilation of reports and data. Schedule for completion: Within four weeks of commencement of work Estimated Cost $6,000 Task II - Data Evaluation a) Develop cross sections of the Valley including the Masonite area to identify various .aquifers, estimate thickness, identify conf'ming layers, etc. b) Prepare water level hydrographs Task II (a) should be tasked to the well siting consultant since they will be estimating the relative thickness, yields and extent of aquifers below the City. It will be necessary to coordinate with them to develop data for preparing cross sections of sufficient detail for areas beyond the immediate area of their investigation. Deliverable Task II: Preparation of hydrographs and cross-sections. Schedule for completion: Coordinate work schedule with well siting consultant Estimated Cost $4,000 Task III - Identify Issues Affecting the City and Potential Impacts a) Determine if there is a need for the installation of monitOring wells to assess impacts from additional pumping by others (or the City) b) Identify criteria for pump testing to ascertain impacts to the City c) Identify conditions that would affect the amount of water available to the Rarmey collector d) Identify dry year conditions that could have an affect on the amount of water available to the City and on the amount of water right available by way of contract with Flood Control District. Deliverable Task III: Prepare a summary report identifying data and information outlined in the foregoing tasks; prepare a list of hydrologic issues, including water right(s) that have the potential to impact the City's water resources. Schedule for Completion: Within two weeks of completion of related work performed for well siting study or, within two weeks of completion of Task II. Estimated Cost $5,000 In connection with the foregoing I would propose the City budget something like $15,000 for my participation in the tasks outlined above with the understanding that we will work closely with the firm conducting the well siting study. COUE085.doc er&]3onsi .ore C~nsultin[~ Civil Ensineors~ A Corporation AGENDA SUMMARY ITEM NO. 9.a DATE: December 21, 2005 REPORT SUBJECT: Presentation and Discussion of Proposed Countywide Business Improvement District for the Lodging Industry and Possible Adoption of Associated Resolution of Consent SUMMARY: Mr. Stuart Marcus, representing the Mendocino County Lodging Association (MCLA), has requested the opportunity to discuss the Association's work towards the implementation of a Countywide Business Improvement District (BID). After discussion, the MCLA is requesting the City Council adopt a Resolution of Consent (attached). The MCLA's BID proposal was presented to the County Board of Supervisors on December 6, 2005. A copy of that agenda and supporting documentation is also attached. The Association plans to make a similar presentation to the Fort Bragg and Willits City Councils for consideration. Some preliminary information can be found on the following MCLA website link: h ttp ://www. mcla. i nfo/M CLA-L odging-B I D. html RECOMMENDED ACTION: Discussion of Proposed Countywide Business Improvement District for the Lodging Industry and Possible Adoption of Associated Resolution of Consent. ALTERNATIVE COUNCIL POLICY OPTION: 1. Provide additional direction 2. Take no action. Citizen Advised: N/A Requested by: Stuart Marcus, Board Director, Mendocino County Lodging Association Prepared by: Sue Goodrick, Risk Manager/Budget Officerdx'., Coordinated with: Candace Horsley, City Manager ~ David Rapport, City Attorney Attachments: 1 - Proposed Resolution of Consent 2 - Copy of Agenda Summary, Board of Supervisors, December 6, 2005 APPROVED: Candace Horsley, (~y Manager ATTACHMENt%_ ,/ ,,, -- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, AUTHORIZING THE CREATION OF THE MENDOClNO COUNTY LODGING AND BUSINESS IMPROVEMENT DISTRICT WITHIN THE BOUNDARIES OF THE CITY OF UKIAH WHEREAS, the Board of Supervisors of the County of Mendocino desires to begin the process to form the Mendocino County Lodging and Business Improvement District ("District"); and WHEREAS, certain lodging business owners have requested that the Board of Supervisors ("Board") of the County of Mendocino create a countywide District; and WHEREAS, a portion of the territory proposed to be included in the countywide District lies within the boundaries of the City of Ukiah; and WHEREAS, the area of the City of Ukiah which lies within the boundaries of the proposed District will, in the opinion of the City Council, be benefited by the improvements and activities of a countywide District, and the purpose sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work; and WHEREAS, Streets and Highways Code 83 36521.5 requires the consent of a city for the formation of a Business Improvement District within the city limits if the District is formed by a county; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby authorize the formation of the District described above within the city limits of the City of Ukiah; and BE IT FURTHER RESOLVED, that the City Council of the City of Ukiah grants to the Board jurisdiction for all the purposes in connection with the creation and operation of the proposed District within the boundaries of the City of Ukiah as provided for in the Parking and Business Improvement Area Law of 1989. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a certified copy of this Resolution to the Board of Supervisors, and the City Clerk of the Cities of (other cities to be included in District) forthwith. The foregoing Resolution was introduced by Councilmember seconded by Councilmember , and carried this 2005, by the following roll call vote: day of AYES: NOES: ABSENT: ABSENT WHEREUPON, the chair declared the Resolution passed and adopted and, SO ORDERED. ATTEST: Mark Ashiku, Mayor Marie Ulvila, City Clerk ~VIENDOCINO COUNTY BOARD OF SUPERVISORS AGENDA SUMMARY / BOAqD AGZ. ND~ # ATTACHMENT_ Agenda Summaries must be submitted no later than noon Wednesday, 13 days prior to the meeting date TO: FROM: Board of Supervisors Chief Executive Office DEPARTMENT RESOURCE: CEO RESOURCE: Tony Shaw ~ Shaw DATE: November__23,_.200_5 AGENDA DATE: December 6, 2005 PHONI~: 463-4441 Present ~ On Call ~-] PHONE: 463-4441 Present [~ On Call ['q Consent [-~ Regular Agenda ~ Est. Time for Item: ~ Urgent [--] Routine · AGENDA TITLE: Presentation and adoption of a resolution requesting the consent of the Cities of Fort Bragg, Point Arena, Ukiah, and Willits to create the Mendocino County Lodging Business Improvement District on behalf of the Mendocino County Lodging Association. [] PREVIOUS BOARD OR BOARD COMMITTEE ACTIONS: Several Board and Ad Hoc Committee actions since 2002. Please see the attached timeline. · SUMMARY: On behalf of the Mendocino County Lodging Association (the "MCLA'), this resolution requests consent from the City of Fort Bragg, Point Arena, Ukiah, and Willits to allow lodging establishments, who operate in those cities, to participate and benefit from the creation of a countywide Lodging Business Improvement District, pursuant to California Streets and Highways Section 36500 through 36551. · ALTERNATIVES: Do not adopt resolution. · WILL PROPOSAL REQUIRE ADDiTIONAL PERSONNEL? Yes* ['"] Number No ~ *If yes, has this been through the Personnel Process? Yes E'] No ['q Source of Funding Current F/Y Cost Annual Recurring Cost I Budgeted in Current F/Y N/A N/A N/A I Yes'-D~ No [-'-[ ..... I [] RECOMMENDED ACTION~OTION: The Board of Supervisors hereby adopts a resolution requesti~, g the consent of the Cites of Fort Bragg, Point Arena, Ukiah, and Willits to create the Mendoctno County Lodging Bus~ness Improvement District and direct the Clerk of the Board to immediately transmit a certified copy of the Resolution to the City Clerk of the CitieS;°f Fort Bragg, Point Arena, Ukiah, and Willits, an~to Mendocino Count Lodging Association . [] CEO RECOM~£N~ATiON:' Agre-~i'~;g~;e' [~] .... -~0-~ni0n L] Staff Re~°rt Attached BOA.R/ACTION Date of Action 1) ~ Approved 3) ~1 Denied 2) C! Referred to 4) ~1 Other ge-nd 1 ? C'nr~r~1of~, .gem {nrigdnal sim,lc sidc-,d~ - lterrm must be cleared tltrauah Ao~rooriate Det~artrnents and/or Countv CotmselRev,02/O0 RESOLUTION NO. 05-243 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STATE OF CALIFORNIA, COUNTY OF MENDOClNO, REQUESTING CONSENT OF THE CITIES OF FORT BRAGG, POINT ARENA, UKIAH, AND WILLITS TO CREATE THE MENDOCINO COUNTY LODGING BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Board of Supervisors of the County of Mendocino desires to begin the process to form the Mendocino County Lodging Business Improvement District (the "District"); WHEREAS, certain lodging business owners have requested that the Board of Supervisors (the "Board") of the County of Mendocino (the "County") create a countywide District; and WHEREAS, the territory proposed to be included in the countywide Distdct lies within the boundaries of the Cities of Fort Bragg, Point Arena, Ukiah, and Wiltits (the "Cities"); and WHEREAS, the area of the Cities which lies within the boundaries of the proposed District will, in the opinion of the Board, be benefited by the improvements and activities of a countywide District, and the purpose sought to be accomplished by the work can best be accomplished by a single comprehensive scheme of work; NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Mendocino that: Section 1' The above recitals are true and correct. Secti____.on 2: Consent of the Cities, through their City Council, is hereby requested to create the District, and to grant to the Board of Supervisors jurisdiction for all the purposes in connection with creation and operation of the proposed District. Section 3: The Clerk of the Board is hereby directed to transmit a certified copy of this Resolution to the City Clerk of the Cities of Fort Bragg, Point Arena. Ukiah, and Willits, and to the Mendocino County Lodging Association. The foregoing Resolution introduced by Supervisor Wattenburger, seconded by Supervisor Wagenet, and carried this 6th day of December, 2005 by the following vote: AYES: NOES: None ABSENT: None ABSTAIN: None ATTEST: Supervisors Wattenburger, Wagenet, Smith, Colfax, and Delbar KRISTI FURMAN Clerk of the Board p;ovisions o! Government Code Section 25103, cl elive P/ of this d~.~,ument has been made. KRISTI FURMAN County of Mendocino Business Improvement District Actions TIMING 1. 7/00/02 2. 09/18/02 3. 10t24/02 4. 11105102 5. 11100102 6. 12/00/02 7. 12/18/02 8. 01/28-29/03 9. 02/19-26/03 10. 4/12/03 11. 5/12/03 12. 05/21/03 VERSION 11/29/2005 ACTION During 2002/2003 Budget Hearings the Business Improvement District assessment is proposed by MCA as a dedicated source of revenues for countywide promotion and marketing. Board of Supervisors directs the County Administrative Office to work with MCA to present a strategy to establish a business improvement district. Redwood Empire Association hosts a presentation titled "An Introduction to Tourism BIDs" by Downtown Resources. Board of Supervisors assign Supervisor Campbell and Supervisor Shoemaker as an ad hoc committee to mediate BID formulation process. MCLA led committee concludes that forming countywide BID is feasible and advisable, MCLA committee and MCA Board of Directors form a "joint committee" to orchestrate BID process. Ad Hoc Committee (Campbell-Shoemaker) meet with MCA- MCLA joint committee. Meeting concludes with a recommendation that the BID include the city-businesses to prevent a "Black Hole" in countywide marketing & promotion. Public Forums on BID held in Ukiah, Willits, Philo, Gualala, Fort Bragg, Leggett, Hopland, Albion, and Point Arena Public Forums on BID held in Ukiah, Willits, Philo, Gualala, Fort Bragg, Leggett, Hopland, Albion, and Point Arena Ad Hoc Committee discusses consensus-building process with Chambers of Commerce and membership of lodging association. Ad Hoc Committee receives report from MCA/MCLA.an. d. ,Ad Hoc Committee directs staff to prepare a favorable'.:' , recommendation to BOS to proceed with BID process. Board of Supervisors workshop on BID process. County of Mcndocino Business Improvement District Actions i3. 05/22/03 14. 09/16/04 15. Fall 2004 16. Fail 2004 17. 12/27/04 18. 04112/05 19. 07/26/05 20. 12/02/05 21. Various 22. 02/06/06 23. 2~00~06 Board of Supervisors authorizes staff to proceed with BID process MCLA requests BID ordinance - Economic Development Coordinator informs ad hoc committee of intention to write Lodging Business Improvement District Ordinance to MCLA. Ad Hoc Committee of Supervisor Campbell and Supervisor Delbar deliberate the use of $300,000 for economic development and eventually recommend that $7,000 be invested in the proposed Mendoclno County Winegrape Commission and $13,000 be invested in the Mendocino County Lodging Business Improvement District. Board of Supervisors agree to Ad Hoc Committee (Campbell- Delbar) recommended action to invest in BID process. Economic Development Coordinator completes draft BID Ordinance for transmittal to MCLA Board of Supervisors enters into Agreement no. 05-041 in the amount of $13,000 with MCLA to pursue the development of BID. MCLA transmits draft MCLA Resolution of Consent and Draft BID Ordinance to County staff and requests to be scheduled at a future Board of Supervisors meeting. Board of Supervisors considers Resolution of Consent MCLA meet with City Managers, Mayors, and City Councils Economic Development Coordinator works with MCLA to receive adopted or denied Resolutions of Consent from City of Fort Bragg, City of Point Arena, City of Ukiah, and City of Willits Resolution of Intention published in newspaper(s)to start 45-day noticing process. Board of Supervisors considers adoption of Resolution of Intention, authorizes notification to business owners, and sets time and place for Public Meeting & Hearing. Document: MCLA Resolution of Intention MCLA Ordinance Notice of MCLA Public Meeting & Hearing .i ax ::: County of Mcndocino Business Improvement District Actions 24, 02/00/06 25. 03/0t/06 26. 03~01/06 27. 03/04/06 28. 03/14/06 29. 4/00/05 30. 7/01/06 Economic Development Coordinator mails Notice of Public Hearing & Meeting AND Resolution of Intention by first class mail to Lodging and Tasting Room Business Owners/Assessees. Board of Supervisors conducts Public Meeting no sooner that ten- days after the first publication of the Public Notice. Economic Development Coordinator completes database for protest election processes. 45 Day Notice Achieved (if Joint Notice is first published on 2/19/06) Board of Supervisors conducts and/or continues Public Hearing (must occur within 20-30 days of adoption of Resolution of Intention on proposed BID(s), concludes/tally protest election, modifications to BID, and considers first reading of BID Ordinance(s) Board of Supervisors appoints Advisory Committee, Assessment commences. IIIlIIIIIItlIIIIillIIIIHIIHHIlllllIIlIIiillIIII! ITEM NO. 9t~ DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT FOR FINANCING THE DEVELOPMENT ACTIVITIES FOR PURCHASE OF RESOURCE 500 PROJECT SUMMARY: The Central Valley Project Corporation (the "CVP") has the opportunity to purchase a 500 MW gas-fired power plant in Northern California, together with related facilities and equipment, commonly referred to as the Resource 500 Project (the "Project") Before purchasing such a plant a "Participant Review" review must be made to assure all potential participants into the project that the plant meets or exceeds the recorded specifications. This is similar to a house inspection prior to purchase. The City of Ukiah, through the Northern California Power Agency, was asked to be a participant in ownership of the plant. The percentage of ownership is open based on the need for acquiring energy. Since Ukiah is in need of fixed replacement power upon the loss of the WAPA contract in January 2005, it is the City's best interest to be a part of the potential plant purchase. Total funds to accomplish the Participant Review are currently set at $1,575,000. (Continued on page 2) RECOMMENDED ACTION: Authorize the City Manager to enter into a Development Agreement for Resource 500 between the Central Valley Project Corporation (CVP Corp) and the City in an amount of $21,000 and not to exceed $26,250. ALTERNATIVE COUNCIL POLICY OPTIONS: 1 Reject the Resource 500 Participant Review Agreement and direct staff accordingly. Citizen Advised:N/A Requested by: Bernie Ziemianek, Public Utilities Director Prepared by: Bernie Ziemianek, Public Utilities Director Coordinated with: Candace Horsley, City Manager Attachments: 1) CVP Corp Development Agreement APPROVEDI Candace Horsley, Cit~Manager Each participant will agree to pay or advance to CVP $3,000 per megawatt (MW) of requested participation in the project. Upon execution of the agreement, this total amount will become due and payable to CVP Corp. In the case of Ukiah, this will amount to $21,000 (7 MW x $3,000). A not to exceed value of $3750 per MW is in affect if participation is less than 500 MW total. All payments for the Participant Review will be paid back to the participants out of the proceeds of the first issuance of the Project bonds, notes, or other evidences of indebtedness. Presently, the City is approximately 4 MW Iow as a result of the loss of the WAPA contract. The 7 MW will assure the City a long term contract to fill this loss and to have 3 MWs available for future system planning needs. Therefore, Staff is recommending the City Council authorize the City Manager to enter into a contract with CVP Corp. for the services outlined in the Resource 500 Development Agreement. Copies of the Agreement are available for City Council review. Funds were budgeted in anticipation of such an activity in the FY '05-'06 budget, account # 800-3702- 250-000. December 9, 2005 Bernie Ziemianek Utility Director City of Ukiah 300 Seminary Avenue Ukiah, Ca 95482 RE: Development Agreement for Resource 500 Dear Bernie: Enclosed are two original copies of the Development Agreement for Resource 500 between the Central Valley Project Corporation (CVP Corp) and the City of Ukiah. Please have your authorized representative execute the agreements and return both copies to my attention. Upon receipt of the executed agreements, CVP Corp will sign both copies and return one original to you for your records. An invoice will then be sent to you for City of Ukiah's share of the Resource 500 Development Work in accordance with the agreement. Thank you for your timely response in this matter. We look forward to working with you in completion of this important project. Sincerely, JAMES H. POPE Chairman JHP:dd 1.70 Attachments: Development Agreement (2) AGREEMENT FOR FINANCING OF DEVELOPMENT ACTIVITIES FOR PURCHASE OF RESOURCE 500 PROJECT Dated as of December ,2005 TABLE OF CONTENTS Page SECTION 1. PRIOR DEVELOPMENT WORK ......................................................... 2 SECTION 2. CONFIDENTIALITY AGREEMENT ..................................................... 2 SECTION 3. DEVELOPMENT WORK ...................................................................... 2 SECTION 4. ORGANIZATION OF THE DEVELOPMENT COMMITTEE ................. 4 SECTION 4.1 PARTICIPATION ENTITLEMENTS; REPRESENTATIVES; SECTION 4.2 SECTION 4.3 SECTION.4.4 SECTION 5. SECTION 6. SECTION 7. SECTION SECTION SECTION 8. SECTION SECTION 8.2 SECTION 8.3 SECTION 9. SECTION 10. SECTION 11. SECTION 12. SECTION 13. SECTION 14. EXHIBIT A EXHIBIT B EXHIBIT C CHAIR ....................................................................................... 4 MEETING SCHEDULES ........................................................... 5 QUORUM DEFINED ................................................................. 5 VOTING RIGHTS ...................................................................... 5 POWERS, DUTIES AND RESPONSIBILITIES OF THE DEVELOPMENT COMMITTEE ........................................................... 6 FINANCIAL COMMITMENTS .............................................................. 6 CASH ADVANCES, INVOICING AND WORKING CAPITAL FUND .... 6 7.1 PAYMENT OF INVOICES ........................... ' .............................. 7 .7.2 WORKING CAPITAL FUND ....................................................... 7 LIMITED RIGHTS TO ENTER INTO POWER SALES AGREEMENT.8 8.1 DISCRETION - DEVELOPMENT PARTICIPANTS' OPTION TO ACQUIRE PROJECT CAPACITY AND ENERGY ................ 8 INCREASE IN PURCHASES .................................................... 8 EFFECT OF TAKING LESS THAN FULL PARTICIPATION ENTITLEMENT PERCENTAGE ................................................ 8 CONDITIONAL REPAYMENT TO PARTICIPANTS ............................ 9 TERM ................................................................................................... 9 ASSIGNMENT BY CVP CORP .......................................................... 10 FAILURE TO MAKE PAYMENTS; ADJUSTMENT OF PARTICIPATION ENTITLEMENT PERCENTAGES .......................... 10 NONPARTICIPATION IN DEVELOPMENT WORK BUDGET INCREASES ...................................................................................... 10 MISCELLANEOUS ............................................................................ 11 CONFIDENTIALITY AGREEMENT ................................................... 13 DEVELOPMENT WORK DRAFT BUDGET ...................................... 14 DEVELOPMENT WORK SCHEDULE AND MILESTONES ............... 15 -i- AGREEMENT FOR FINANCING OF DEVELOPMENT ACTIVITIES FOR PURCHASE OF RESOURCE $00 PROJECT This Agreement, dated as of ,2005, by and among Central Valley Project Corporation, a California nonprofit public benefit corporation, ("CVP Corp"), and each of the entities which execute this Agreement (the "Development Participants" or individually "Development Participant"), WITNESS: WHEREAS, CVP Corp has the opportunity to purchase a 500 MW gas-fired power plant in Northern California, together with related facilities and equipment, commonly referred to as the Resource 500 Project (the "Project"); and WHEREAS, the Development Participants have indicated a preliminary interest in possibly acquiring capacity and energy of the Project from CVP Corp, subject to the closing of the sale of the Project; and WHEREAS, it is anticipated that CVP Corp will assign or transfer its rights and obligations with respect to the purchase of the Project and the Project agreements to a new joint powers agency of the State of California called Sierra Nevada Electric Power Authority ("SNEPA") prior to expiration of this Agreement; and WHEREAS, upon such assignment references herein to CVP Corp shall refer to SNEPA; and WHEREAS, the Development Participants have agreed to advance funds to CVP Corp in order to permit CVP Corp to undertake the due diligence and Project agreement preparation necessary to permit CVP Corp to purchase the Project (as more fully set forth in Section 3, the "Development Work"); and WHEREAS, CVP Corp desires to undertake the Development Work, to make the information and documents produced by the Development Work available to the Development Participants, and to provide.an option to each Development Participant not in default hereunder an opportunity to acquire right to the capacity and energy of the Project (subject to CVP Corp's acquisition of the Project), all on the terms and conditions set forth herein; and WHEREAS, the current estimate of the cost of the Development Work is $1,575,000; and WHEREAS, the Development Participants desire to have access to the Development Work in order to determine whether to enter into an agreement to acquire a portion of the capacity and energy of the Project and obtain the right to subscribe to a portion of the capacity and energy of the Project if the Project is acquired by CVP Corp; and WHEREAS, the subscription to a portion of the capacity and energy of the Project by a Development Participant will be accomplished by such Development Participant entering into a "take-or-pay", power sales agreement (a "Power Sales Agreement") with CVP Corp, the terms of which will be developed as a Project agreement included in the Development Work; and WHEREAS, to acquire the aforementioned access to information and documents and the right to subscribe to a portion of the capacity and energy of the Project, the Development Participants are willing to make cash advances as herein provided which advances will be used to pay the costs of the Development Work; and WHEREAS, the advances of the Development Participants will be reimbursed only on the terms and conditions set forth in this Agreement; NOW THEREFORE, the parties hereto agree as follows: Section 1. Prior Development Work. (a) The Sacramento Municipal Utilities District ("SMUD"), the City of Redding Electric Utility ("Redding") and the Northern California Power Agency ("NCPA") have made advances to CVP Corp of $100,000 to fund the initial study and due diligence costs related to the purchase of the Project. These entities shall be reimbursed for these advances in accordance with Section 9 of this Agreement. (b) In addition, CVP Corp, SMUD, Redding and NCPA and the Development Participants may incur significant staff time in the performance of future Development Work in lieu of hiring outside consultants. Development Participants agree that reasonable staff costs associated with Development Work shall be reimbursed as provided in Section 9 of this Agreement. It is understood that these internal costs will not be reimbursed if CVP Corp does not complete the purchase of the Project for any reason, including but not limited to the inability to finance the cost of purchasing the Project. It is further understood by the Development Participants that the successful financing of CVP Corp's purchase of the Project is dependent, in large part, upon credit worthy entities entering into the Power Sales Agreement for all of the capacity and energy of the Project. (c) Development Work shall not include the activities of the Development Committee (as hereinafter defined) for which all Development Participants will incur internal staff costs. Such activities shall include, but not be limited to, review of Development Work and Development Work product, preparation and attendance at Development Committee meetings, and negotiations with other Development Participants. Section 2. Confidentiality Agreement. Because of the sensitive nature of negotiations with the seller of the Project, each Development Participant shall, concurrently with its execution and delivery of this Agreement, deliver a Confidentiality Agreement in the form of Exhibit A attached hereto. Section 3. Development Work. CVP Corp agrees to undertake and perform the Development Work, to take into consideration the recommendations of the Development Committee with respect to the Development Work and to make all reports, recommendations and information resulting from the Development Work available to the Development Committee for distribution to the Development Participants. The Development Work to be undertaken by the CVP Corp pursuant to this Agreement shall include all activities determined to be necessary or desirable by CVP Corp in connection with the performance of due diligence for the purchase of the Project and the preparation of Project agreements including the form of the Power Sales Agreement and the contract of purchase for the Project (the "Purchase Agreement"). The initial Development Work budget and schedule set forth in Exhibits B and C of this Agreement are examples of the types of activities contemplated as Development Work. These activities may be modified or revised from time to time by CVP Corp after consideration of any recommendations made by the Development Committee and are provided as examples only. Without limiting the generality of the foregoing, the Development Work shall include: 1. previous activities for due diligence and other studies or activities expended by parties specified in Section 1 of this Agreement, 2. all activities necessary or advisable to maintain milestone completion dates, including incurring costs to facilitate the timely purchase of the Project and related rights and services, 3. the development of a definitive budget and schedule for the purchase of the Project, 4. the development of a definitive budget and schedule for the initial operation of the Project after acquisition by CVP Corp, including working capital, fuel requirements and reserves, 5. obtaining necessary permits and approvals for the purchase and operation of the Project, 6. performance of engineering due diligence reviews related to the Project, 7. the preparation and negotiation of definitive Project agreements, including the Power Sales Agreement and the Purchase Agreement, 8. legal, financial advisory and tax support services, including bond counsel consultation, 9. administrative support, fiscal management, invoicing and related services necessary or desirable in connection with this Agreement and the Development Work and 10. the performance of all other activities related to the acquisition, permitting, operation and financing of the Project as determined by CVP Corp which are consistent with the intent of this Agreement. Performance of the above activities may be conducted by Development Participant internal staff, outside consultants or others. It is expected that reasonable internal staff work expended on Development Work that could be performed by an outside consultant will be accumulated and billed to the Project, along with applicable overheads. These costs are subject to reimbursement only as provided in Section 9. Section 4. Organization of the Development Committee. In order to permit the Development Participants to make recommendations to CVP Corp with respect to the scope, performance, management and direction of the Development Work, and to secure the effective cooperation and interchange of information among the Development Participants in connection with various administrative, technical, legal, contractual and other matters that may arise from time to time in connection with the Development Work, a committee of Development Participants (the "Development Committee") is hereby established under this Agreement. The Development Committee shall consist of representatives appointed by the Development Participants as provided in Section 4.1. Section 4.1 Participation Entitlements; Representatives; Chair. (a) One purpose of this Agreement is to provide each Development Participant the option, at its election and in its sole discretion, to participate in the Project by executing a Power Sales Agreement with SNEPA pursuant to which the Development Participant will be entitled to a portion of the capacity and energy of the Project if CVP Corp is successful in acquiring the Project. For purposes of this Agreement, a Development Participant's participation in the Project will consist of its Participation Entitlement (as defined below) and any additional participation which the Development Participant elects to include in a Power Sales Agreement (or a supplement thereto) as a result of other Development Participants not electing to participate in the Project or electing to participate at less than the full amount of their Participation Entitlement. Each Development Participant's Participation Entitlement may be expressed as a percentage (the "Participation Entitlement Percentage") of one hundred percent and/or a number of megawatts of capacity of the Project. A Development Participant's Participation Entitlement Percentage shall equal that percentage which its commitment (which is not in default) to make cash advances to the Working Capital Fund (as hereinafter defined), exclusive of any interest paid on delinquent advances, bears to the sum of the budget for Development Work (the "Development Work Budget") which is currently set at $1,575,000. A Development Participant's participation in the Project expressed in megawatts shall be the Development Participant's Participation Entitlement Percentage times five hundred twenty-five (525) megawatts ("Participation Entitlement"). The Development Participants acknowledge that neither CVP Corp nor SNEPA is guaranteeing any level of performance or output from the Project and that the Power Sales Agreement will provide that each entity executing the Power Sales Agreement will be entitled to a percentage of the actual output of the Project and not a specific number of megawatts of capacity or megawatt hours of energy. (b) Each Development Participant with 20 MW or more of Participation Entitlement shall appoint one representative to the Development Committee and shall designate such representative within 10 days after its execution and delivery of this Agreement by giving notice to the Chair of the Development Committee (as defined below) of such designation. Development Participants with less than 20 MW of Participation Entitlement may aggregate their Participation Entitlements and appoint one representative for the total aggregated amount of Participation Entitlement, with a minimum Participation Entitlement of 20 MW. The Chair shall be responsible for distribution of representative information to all Development Committee members. Each Development Participant (or aggregated Development Participants of at least 20 MWs) may also designate an alternate to act as its representative in the absence of the regular representative, and such notice shall be given in the same manner as for the regular representative. (c) The Development Committee shall be chaired by a representative of CVP Corp (the "Chair") and while the Chair may participate, he/she will have no voting rights on the Development Committee. The Chair shall be responsible for calling and presiding over all regular and special meetings of the Development Committee arid shall cause minutes of all meetings of the Development Committee to be kept. Such records shall be available upon request by any Development Participant. Section 4.2 Meeting Schedules. Due to the expected short time frame for the acquisition of the Project by CVP Corp, no specific meeting schedules shall be established for the Development Committee. The Development Committee will meet on an as needed basis in order for the Development Work to proceed on the expected timeframe. The Development Committee may meet in any location and may hold meetings in person or via conference call as necessary. Section 4.3 Quorum Defined. The presence of either a majority of the representatives of the Development Committee, or of Development Committee representatives then having a combined Participation Entitlement Percentage of at least 65% shall constitute a quorum for the purpose of Development Committee action. Section 4.4 Voting Rights. Voting by representatives of Development Participants will be by Participation Entitlement Percentage with 65% or more affirmative vote necessary to carry the action. Any decision related to the Development Work taken by the affirmative vote of representatives of Development Participants holding less than 65% of Participation Entitlement Percentage can be reviewed and revised if a Development Participant holding any Participation Entitlement Percentage gives notice of intention to seek such review and revision to each other Development Participant within 48 hours after receiving written notice of such action. If such notice of intention is so given, any action taken specified in the notice shall be nullified, unless Development Committee representatives holding at least 65% of the total Participation Entitlement Percentage vote in favor thereof at a regular or specially called meeting of the Development Committee. If the notice of intention concerned a failure to act, such action shall nevertheless be taken if the Development Committee representatives holding at least 65% of the total Participation Entitlement Percentage vote in favor thereof at a regular or specially called meeting of the Development Committee. Section 5. Powers,. Duties and Responsibilities of the Development Committee. The Development Committee shall monitor the continuation of the Development Work, make the information and documents produced by the Development Work available to the Development Participants, provide a liaison among the Development Participants and CVP Corp with respect to Development Work, and make such recommendations to CVP Corp with respect to the Development Work Budget as the Development Committee deems advisable, including recommendations on the form of all Project agreements included in the Development Work and on any other activities deemed necessary or desirable to complete Development Work and to otherwise accomplish the purposes of this Agreement. Section 6. Financial Commitments. As set forth in Exhibit B hereto, the Development Work Budget is $1,575,000. Each Development Participant agrees, by executing this Agreement, to a financial commitment hereunder for its respective Participation Entitlement Percentage of a total of $1,575,000 in accordance with Section 7 through Section 7.2. The Development Participants acknowledge that the Participation Entitlement Percentages are subject to automatic adjustment pursuant to Section 12 and to adjustments based on the decisions of the affected Development Participant pursuant to Section 13. No Development Participant has any obligation hereunder to fund a Development Work Budget increase but each Development Participant acknowledges that a failure to fund its Participation Entitlement Percentage of any such increase may result in a reduction of its Participation Entitlement Percentage by virtue of the funding of the increase not paid by such Development Participant by another Development Participant or other entity in accordance with Section 13. The Development Work Budget may be increased from time to time by CVP Corp but only after the Development Committee has been given an opportunity to review and make a recommendation with respect to each such increase. Upon approval of a Development Work Budget increase by CVP Corp, each Development Participant shall, within 30 days of receiving notice of such increase, either pay its Participation Entitlement Percentage of such increase or notify CVP Corp of its determination not to make such a payment. Failure by a Development Participant to pay its Participation Entitlement Percentage of any increase in the Development Work Budget within the time provided in this Section 6 will constitute notice by such Development Participant of its determination not to make such payment. Section 7. Cash Advances, Invoicing and Working Capital Fund. Each Development Participant hereby agrees to pay or advance to CVP Corp $3,000 per MW of requested participation in the Project as set forth on the Development Participant's Signature Page to this Agreement. Upon execution of this Agreement, 50% of this total amount (e.g. 25 MW x $3,000 x 50%) shall become due and payable to CVP Corp within 10 business days of receipt of an invoice and the remainder (the "Balance Due") shall be paid in accordance with Section 7.1. All such advances shall be deposited in the Working Capital Fund described in Section 7.2 of this Agreement. The above $3,000 per MW of participation may be increased by CVP Corp to no more than $3,750 per MW if less than 500 MW of the Project Participation is subscribed to by Development Participants. Section 7.1 Payment of Invoices. (a) CVP Corp shall make demands for payment of the unpaid Balance Due from each Development Participant in accordance with subsection (b) of this Section 7.1 by sending an invoice for the amount then due. Payments shall be made to CVP Corp at their corporate headquarters, 180 Cirby Way, Roseville, CA 95678. Any part of such invoice which remains unpaid for twenty days after its billing date shall bear interest from such twentieth day at the reference rate of the Bank of America, N.A. then in effect, plus two percent, computed on a daily basis, until paid. Interest so earned shall not change any Development Participant's Participation Entitlement Percentage and shall be deposited in the Working Capital Fund. (b) CVP Corp may fix and schedule the payment of the Balance Due of each Development Participant into any number of payments (but not less than two nor more than three), and the dates on which such payments will be made (which shall be no later than six months after the effective date of this Agreement), and each Development Participant agrees to make such payments as provided in subsection (a) of this Section 7.1. Each Development Participant shall have the right to prepay its unpaid Balance Due by giving CVP Corp not less than ten days notice of such prepayment. (c) Except with respect to a refusal to pay increases in the Development Work Budget made in strict conformity with Section 6, no Development Participant may avoid the obligation to pay amounts due from it under this Agreement for any reason, including any reduction in its Participation Entitlement Percentage, and such obligation shall be unconditional and not subject of setoff or other reduction; provided, however, that each Development Participant is obligated to make all such payments only from the applicable utility revenues or reserves or, in the case of a Development Participant which is a joint powers agency or other form of entity, from unencumbered funds legally available for such purpose. Section 7.2 Working Capital Fund. All funds advanced by the Development Participants pursuant to this Agreement shall be deposited in the Resource 500 Working Capital Fund (the "Working Capital Fund") which shall be held by CVP Corp. Amounts in the Working Capital Fund shall be applied by CVP Corp towards the cost of Development Work under this Agreement and, except as provided in Section 9, not for any other purpose. A periodic reporting of expenditures, activities and balance of the Working Capital Fund shall be provided to the Development Committee by CVP Corp. Section 8. Limited Riqhts to Enter Into Power Sales Aqreement. Section 8.1 Discretion - Development Participants' Option to Acquire Project Capacity and Enerqy. In consideration of the payments provided for in Section 7 of this Agreement, each Development Participant which is not then in default hereunder shall have an exclusive option to enter into a Power Sales Agreement for all or any portion of its Participation Entitlement Percentage of Project capacity and energy, which right shall be subject to CVP Corp acquiring title.to the Project. Section 8.2 Increase in Purchases. A Development Participant executing and delivering a Power Sales Agreement in accordance with Section 8.3 can, pursuant to a supplement to its Power Sales Agreement, purchase more than its Participation Entitlement Percentage of the capacity and energy of the Project if additional capacity and energy are made available by reason of the nondelivery of an executed Power Sales Agreement by one or more Development Participants or the execution and delivery of the Power Sales Agreement by one or more Development Participants for less than the full Participation Entitlement Percentages of such Development Participants. Such available capacity and energy shall first be offered on a pro rata basis to those Development Participants which have delivered executed. Power Sales Agreement for all of their Participation Entitlement Percentages. If Development Participants so entitled do not wish to contract for all the available capacity and energy of the Project, the remaining available capacity and energy shall be disposed of as determined by CVP Corp after consideration of any timely recommendations received from the Development Committee. Section 8.3 Effect of Takinq Less Than Full Participation Entitlement Percentage. (a) CVP Corp shall establish the terms and provisions of the Power Sales Agreement for rights to capacity and energy from the Project as part of the Development Work. CVP Corp shall also establish the date by which the Power Sales Agreement must be executed by Development Participants and delivered to CVP Corp if they are to participate in the Project. Such date shall not be less than 30 days after delivery of the Power Sales Agreement in final form (except for the shares of Project capacity and energy to be taken by each entity executing the Power Sales Agreement). To be effective, the delivery of an executed counterpart of the Power Sales Agreement must be accompanied by an opinion of counsel acceptable to CVP Corp as to the validity and binding effect on the Development Participant of the Power Sales Agreement and in the form attached to the Power Sales Agreement. (b) Failure by a Development Participant to execute and deliver the Power Sales Agreement for any of its Participation Entitlement Percentage pursuant to Section 8.3(a) will be an irrevocable decision on the part of that Development Participant not to exercise the rights given to such Development Participant in Section 8 hereof to acquire rights to the capacity and energy of the Project through the Power Sales Agreement. Execution and delivery of the Power Sales Agreement pursuant to Section 8.3(a) by a Development Participant for less than its total Participation Entitlement Percentage will be an irrevocable decision on the part of that Development Participant not to participate in the Project in excess of the percentage of Project capacity and energy set forth in its delivered Power Sales Agreement. (c) CVP Corp will attempt to enter into supplements to the executed Power Sales Agreements or to enter into other agreements for the Project capacity and energy not covered by executed Power Sales Agreements, subject to the allocation of such capacity and energy as set forth in Section 8.2. The procedure for processing supplements to executed Power Sales Agreements shall be consistent with those prescribed immediately above in this Section 8.3 with respect to the original Power Sales Agreements. Failure to return an executed supplement to an executed Power Sales Agreement for any additional Project capacity and energy within the prescribed period is an irrevocable decision not to purchase such additional capacity and energy. Section 9. Conditional Repayment to Participants. All payments and advances made heretofore, and those hereafter made pursuant to Sections 1 and 7 of this Agreement, excluding interest paid on delinquent payments, shall be repaid to each of the Development Participants or entities specified in Section 1 out of the proceeds of the first issuance of the Project bonds, notes or other evidences of indebtedness issued to provide permanent (and not interim) financing for the Project ("Bonds") which can provide therefore after providing for all of the purchase price of the Project, all requirements of the proceedings and documents relating to the issuance of the Bonds and the purchase of the Project by CVP Corp, and all amounts deemed necessary by CVP Corp for the initial operation of the Project, including working capital, reserves and provisions for fuel for the Project. Such reimbursements shall be made within 60 days following the sale of any Project Bonds satisfying the conditions of the immediately preceding sentence and shall include interest computed monthly at a rate equivalent to the end of the month reference rate of the Bank of America, N.A. Any interest due under Section 7 of this Agreement and unpaid shall be deducted from the repayment. If CVP Corp determines to purchase the Project, but is not successful in closing the purchase, including without limitation the failure to obtain financing therefore, there shall be no reimbursement except out of any moneys remaining in the Working Capital Fund which shall be applied pro rata based on cash advances by the Development Participants and the other entities specified in Section l(a). Section 10. Term. This Agreement shall take effect as of December 15, 2005, but only if Development Participants holding 400 MWs or more of Participation Entitlements in the Project have delivered executed counterparts of this Agreement to CVP Corp by such date. If Development Participants holding 400 MWs or more of Participation Entitlements in the Project have not delivered executed counterparts of this Agreement to CVP Corp by such date, CVP Corp may establish a later date for the delivery of the required executed counterparts of this Agreement, but not later than July 1,2006, to permit CVP Corp to obtain counterparts of this Agreement executed by Development Participants holding 400 MWs or more of Participation Entitlements. This Agreement shall be superseded by the Power Sales Agreement, except that section 9 of this Agreement shall remain in effect until such obligations have been fully performed. Changes may be made in this Section 10, except as to the continued effectiveness of Section 9, with the approval of CVP Corp and all Development Participants which have executed this Agreement. Notwithstanding the foregoing, CVP Corp shall have the right, in its sole discretion, to terminate this Agreement at any time, in which case, any funds remaining in the Working Capital Fund, after payment of any outstanding liabilities for expenses authorized under this Agreement shall be reimbursed in accordance with Section 9. Section 11. Assignment by CVP Corp. CVP Corp retains the right to assign this Agreement and any other Project related agreements to SNEPA. Development Participants hereby consent to such assignment and upon notification in writing by CVP Corp, each such Development Participant will make all payments under this Agreement directly to the assignee. If CVP Corp makes an assignment pursuant to this section, it shall transfer all of its rights and duties under this Agreement to SNEPA, however the rights and duties of the Development Participants shall remain the same as provided in this Agreement. Upon such assignment, duties under this Agreement relating to CVP Corp shall be transferred to SNEPA provided SNEPA executes an assignment of this Agreement agreeing to be bound hereby. Section 12. Failure to Make Payments; Adjustment of Participation Entitlement Percentages. Upon failure of any Development Participant to make any payment under this Agreement the Participation Entitlement Percentage of each-non-defaulting Development Participant shall be automatically increased pro rata with that of the other non-defaulting Development Participants by the amount of advances remaining to be paid by the defaulting Development Participant, and the defaulting Development Participant's Percentage Participation shall (but only for purposes of computing the respective Participation Entitlement Percentage of the non-defaulting Development Participant) be reduced correspondingly; provided that the sum of all such increases for any non-defaulting Development Participant shall not exceed without written consent of such non-defaulting Development Participant an accumulated maximum of 25% of the non-defaulting Development Participant's original Participation Entitlement Percentage. If the Development Participant fails or refuses to pay any amounts due to CVP Corp, the fact that other Development Participants increase their obligations to make such payments shall not relieve the defaulting Development Participant of its liability for such payments and any Development Participant increasing such obligation shall have a right of recovery from the defaulting Development Participant to the extent of such respective increase. Section 13. Nonparticipation in Development Work Budqet Increases. If at any time following the execution of this Agreement, there is an increase in the Development Work Budget, each Development Participant may refuse to pay its Participation Entitlement Percentage of such increase and reduce its Participation Entitlement Percentage in the Project. Such refusal shall not affect any obligations of such Development Participant therefore made or thereafter made under this Agreement. To effect such refusal, the Development Participant shall give CVP Corp written notice of 10 such refusal to fund within thirty (30) days of the receipt of the notice by them of the increase of the Development Work Budget. In the event of a refusal of one or more Development Participants to fund their share of an increase in the Development Work Budget, CVP Corp shall convene a meeting of the Development Committee as soon as possible to discuss the potential assumption by the other Development Participants of the available Participation Entitlement. Section 14. Miscellaneous. (a) The headings of the various Sections of this Agreement are for convenience only and do not constitute a part of this Agreement. (b) This Agreement shall be governed by and construed in accordance with the laws of the State of California with respect to contracts executed and to be performed in said State. (c) This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all other understanding and agreements, whether written or oral, of the parties with respect to the subject matter hereof. (d) If any provision of this Agreement, or its application to a set of circumstances, shall be held illegal or unenforceable by a court of competent jurisdiction, then such provision (or its application to such circumstances) shall be considered severed from this Agreement and the remaining provisions of this Agreement, and the application of this Agreement to other circumstances, shall not be affected thereby. (e) References herein to Sections shall be to the particular Sections of this Agreement unless otherwise expressly indicated or indicated by the context in which such reference is made. (f) This Agreement may be executed by the parties in any number of counterparts but all such counterparts shall constitute but one and the same agreement among the parties. IN WITNESS WHEREOF, each Development Participant has caused this Agreement to be executed by one of its duly authorized officers in accordance with the authorization of its governing body, and CVP Corp has caused this Agreement to be executed by the Chairman of its Board of Directors in accordance with the authorization of its Board of Directors. 11 CENTRAL VALLEY PROJECT CORPORATION By: Chairman, Board of Directors NAME OF DEVELOPMENT PARTICIPANT City of Ukiah Participation Entitlement Percentage: 1.3% Number of Megawatts: 7 MW By: Title: 12 EXHIBIT A CONFIDENTIALITY AGREEMENT 13 CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT THIS CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT ("Agreement") is entered into as of by and between CENTRAL VALLEY PROJECT CORPORATION, a California Nonprofit Public Benefit Corporation, with its principal executive offices at 180 Cirby Way Roseville, California 95678-6420 ("CVP Corporation") and the undersigned ("PARTICIPANT"), referred to collectively as "Parties" and individually as m. Bo Co Bo RECITALS CVP Corporation has the opportunity to purchase from a confidential seller ("Seller") a 500 MW gas-fired power plant in Northern California, together with related facilities and equipment, commonly referred to as the Resource 500 Project (the "Project"); The Participant has indicated a preliminary interest in possibly acquiring capacity and energy of the Project from CVP Corporation, subject to the closing of the sale of the Project to CVP Corporation; The Parties desire to exchange certain proprietary or confidential information for the purpose of discussion of the Project (the "Proposed Transaction"); and The Parties are willing to provide such information for such purpose in accordance with the terms hereof. NOW, THEREFORE, the Parties do hereby mutually agree as follows: Definitions. "Confidential Information" shall mean all confidential or proprietary written, recorded, electronic or oral information or data (including without limitation research, developmental, engineering, manufacturing, technical, marketing, sales, financial, operating, performance, cost, business and process information or data, trade secrets, discoveries, ideas, designs, data, source code, object code, processes, computer programs, developments, flow diagrams, know-how, and computer programming and other software and software techniques) provided (whether such confidentiality or proprietary status is indicated orally or, whether or not the specific words "confidential" or "proprietary" are used) to a Party (the "Receiving Party") by a Party (the "Disclosing Party") in the course of the exchange of such information or data among the Parties. Notwithstanding the foregoing, any such foregoing confidential or proprietary information of Seller, including the identity of Seller, if authorized to be disclosed to a Party, shall constitute Confidential Information hereunder, whether or not Seller is joined as a Party hereto. Without limiting the aforesaid, the existence of discussions between the Parties regarding the Proposed Transaction shall constitute Confidential Information hereunder. b. "PARTICIPANT" shall include any of PARTICIPANT'S subsidiaries or affiliates. DOCSPNW 1:58541.2 Page 1 of 4 "CVP CORPORATION" shall include any of CVP Corporation's subsidiaries or affiliates. do "Person" shall be broadly interpreted to include, without limitation, any corporation, company, partnership, other entity or individual. "Representatives" shall mean as to any Person, its directors, officers, employees, agents and advisors (including, without limitation, financial advisors, attorneys and accountants). . Confidentiality and Non-Use. In consideration of each Party's providing Confidential Information, the Parties agree as follows: The Receiving Party shall hold confidential and not disclose to any Person, without the prior written consent of the Disclosing Party, all Confidential Information and any information about the Proposed Transaction, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that discussions are taking place with respect thereto or the status thereof, or the fact that Confidential Information has been made available to the Receiving Party or its Representatives; provided, however, that the Receiving Party may disclose such Confidential Information to its Representatives who are actively and directly participating in its evaluation of the Proposed Transaction or who otherwise need to know the Confidential Information for the purpose of evaluating the Proposed Transaction; The Receiving Party shall cause all its Representatives to observe the terms of this Agreement and shall be responsible for any breach of the terms of this Agreement by it or its Representatives; and Co The Receiving Party shall retum or destroy all Confidential Information (including all copies thereof) within 3 0 days of receipt of a written request therefor. In addition to the foregoing, the Receiving Party will not use the Confidential Information (a) in any way detrimental to the Disclosing Party's shareholders or members or (b) for any purpose other than in connection with the Proposed Transaction. o Exceptions to the Confidentiality and Non-Use Obligations. The obligations imposed by Section 2 hereof shall not apply, or shall cease to apply, to any Confidential Information if or when, but only to the extent that, such Confidential Information: a. was known to the Receiving Party prior to the receipt of the Confidential Information; or' b. was, or becomes through no breach of the Receiving Party's obligations hereunder, known to the public; or becomes known to the Receiving Party from sources other than the Disclosing Party under circumstances not involving any breach of any confidentiality obligation; or d. is independently developed by the Receiving Party, as evidenced by the written records thereof. DOCSPNW 1:58541.2 Page 2 of 4 . 6. . . DOCSPNW 1:58541.2 It shall not be a breach of the confidentiality obligations hereof for a Receiving Party to disclose Confidential Information where, but only to the extent that, such disclosure is required by law or applicable legal process, provided in such case the Receiving Party shall (i) give the earliest notice possible to the Disclosing Party that such disclosure is or may be required and (ii) cooperate in protecting such confidential or proprietary nature of the Confidential Information which must so be disclosed. No Further Agreements Hereunder. No Party nor any parent, subsidiary or affiliate thereof, shall be under any obligation to enter into any further agreements with the any signatory hereto or its parents, subsidiaries or affiliates of any nature whatsoever as a result of this Agreement. The Parties shall be free at all times to hold negotiations or enter into agreements with any other persons whatsoever (including with respect to projects under discussion by the Parties hereto) in addition to or in lieu of the discussions hereunder and any such activities shall not be a breach of this Agreement or any obligations owed to the other Party hereunder. Each Party hereto reserves the right, in its sole discretion, to decline and make, to retract or to reject at any time any proposal which has not yet become legally binding by execution of a written agreement between the Parties with respect thereto or with respect to any further agreements or business arrangements with the other Party hereto, its parents, subsidiaries or affiliates and to terminate all further discussions and negotiations. No Representations and Warranties. Each of the Parties make no representation or warranties, express or implied, of any kind to the other Party with respect to the Confidential Information, including without limitation with respect to the accuracy or completeness thereof. Any representations or warranties shall be made thereby, if at all, only in definitive written agreements that may be entered into hereafter. Termination; Duration of Obligations. Unless sooner terminated by mutual written agreement . of the Parties, this Agreement and the obligations hereunder shall terminate on December 31, 2008. Entire Agreement. This Agreement represents the entire understanding and agreement of the Parties relating to the subject matter hereof and supersedes all prior communications, agreements and understandings between the Parties relating to the subject matter hereof. Waivers; Amendments; Assignment; Counterparts. This Agreement may not be modified, amended or waived except by a written instrument duly executed by the Parties. No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder. CVP Corporation retains the right to assign this Agreement and any other Project related agreements to Sierra Nevada Electric Power Authority ("SNEPA"). Participant hereby consents to such assignment by CVP Corporation. IfCVP Corporation makes an assignment pursuant to this section, it shall transfer all of its rights and duties under this Agreement to SNEPA, however the rights and duties of the Participant shall remain the same as provided in this Agreement. UPon such assignment, duties under this Agreement relating to CVP Corporation shall be transferred to SNEPA. Seller may join as party to this Agreement by executing a counterpart signature page hereto and upon such joinder be deemed a Party hereto. Notwithstanding such joinder, Seller shall be considered a third party beneficiary of this Agreement. Except as provided herein, this Agreement may not be assigned by any Party without the prior written consent of the other Parties and shall be binding on, and inure to the benefit of, the respective successors and permitted assigns of the Parties. This Agreement may be signed in two or more counterpart originals, each of which shall constitute an original document. Page 3 of 4 . 10. 11. Governing Law; Disputes. This Agreement is made subject to and shall be construed under the laws of the State of California, without giving effect to its principles or rules regarding conflicts of laws, and that the state and federal courts situated in the State of Califomia shall have exclusive jurisdiction to resolve any disputes with respect to this Agreement or the Confidential Information with each Party irrevocably consenting to the jurisdiction thereof for any actions, suits or proceedings arising out of or relating to this Agreement or the Confidential Information, and each Party irrevocably waives its rights to jury trials with respect thereto. In the event of any litigation hereunder, the prevailing Party shall be entitled to costs and reasonable attorney's fees. Remedies. Without prejudice to the rights and remedies otherwise available to any Party, each Party shall be entitled to equitable relief by way of injunction or otherwise if the Receiving Party or any of its Representatives breach or threaten to breach any of the provisions of this Agreement and the Receiving Party shall not plead in defense thereto that there would be an adequate remedy at law. Non-Publicity. All media releases, public announcements and other disclosures by any Party relating to this Agreement or the subject matter hereof, including promotional or marketing material, but excluding announcements intended solely for internal distribution or to meet legal or regulatory requirements, shall be coordinated with and approved by the other Party prior to release. In addition, the Receiving Party shall refrain from removing, overprinting or defacing any notices of copyright, trademark, logo or other proprietary identifications or notices of confidentiality from any originals or copies of the Disclosing Party's Confidential Information. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed by their respective authorized representatives as of the date first written above. PARTICIPANT CENTRAL VALLEY PROJECT CORPORATION By: By: Name: Name: James I-l. Pope Title: Title: Chairman Date: Date: 12/6/05 DOCSPNW 1:58541.2 Page 4 of 4 EXHIBIT B DEVELOPMENT WORK DRAFT BUDGET * Due Diligence Work Drafting of Formal Offer and Purchase Agreements Development of Internal Project Agreements Contingency at 15% Total Development Work Budget $300,000 775,O0O 300,000 .200,000 $1,575,000 Note: Line items shown above are for illustrative purposes only. Transfer of funds between line items may occur as necessary for completion of the project. * This draft budget does not include costs related to obtaining financing for this project which are expected to be paid from proceeds of the Project Bonds. 14 EXHIBIT C - Development Work Schedule and Milestones ,,, ~i i j~ ,,F! i ,'., ~ L~~ r.. . .. ~ ~ -, ~ ~ ; ............ r"~ ................................ ~ ............................ I'"' ................................................................................. L...:.::::. :. :::::.,..:..: ....... :. ~'~ ~ ~ ~ · , ~H i I t ' .... I ..................................... ~ . .-- = o ~ ~ ' ~ e ~ ITEM NO. 9c DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION BY THE UKIAH CITY COUNCIL TO AUTHORIZE THE CITY MANAGER TO PROCEED WITH PHASE 1 OF THE LAKE MENDOClNO HYDRO RESTART PROJECT AND TO TRANSFER $650,000 TO THE CITY'S GENERAL SERVICES ACCOUNT WITH NCPA TO BEGIN THE NECESSARY PHASE 1 WORK SUMMARY: The Lake Mendocino Hydro Restart Project reached a key milestone by receiving an email note on Wednesday, December 14, 2005 from the US Army Corps of Engineers (USACE) granting their approval to proceed with the necessary Tainter Gate and associated equipment upgrades. Their approval comes at the end of a long engineering review process after submitting various Tainter Gate modeling calculations, Tainter Gate structural analysis, operational plans, and plant modification requirements. Over 100 personnel from all agencies have been involved with this project to date. (Continued on page 2) RECOMMENDED ACTION: Authorize the City Manager in cooperation with the Public Utilities Director to transfer the Phase 1 funds to the City's General Service Account at NCPA for an amount not to exceed $650,000 and to proceed with the Phase 1 modifications. ALTERNATIVE COUNCIL POLICY OPTIONS: 1 Reject the Lake Mendocino Phase 1 Restart Project and direct staff accordingly. Citizen Advised: N/A Requested by: Bernie Ziemianek, Public Utilities Director Prepared by: Bernie Ziemianek, Public Utilities Director Coordinated with: Candace Horsley, City Manager Attachments: 1) FERC Approval Letter Dated September 19, 2005 2) USACE Approval to Proceed email dated December 14, 2005 Candace Horsley, City i~anager This approval together with the Federal Energy Regulatory Commission's (FERC) earlier approval grants the City of Ukiah the necessary approvals to move forward with modifications. As previuosly presented and discussed with the City Council, Phase 1 of 2 requires the City to make the necessary modifications to the Tainter Gate and sub- assemblies in order to ready the Tainter Gate for an operational acceptance test by the USACE, FERC and NOAA Fisheries. Upon completion of the modifications, the new Tainter Gate Operational Plan will be tested in real-time to assure the Plan and Tainter Gate modifications are acceptable. Once this is completed and accepted, both the USACE and FERC will give a full approval for operation. At that time, the final Phase 2 Plant Upgrade work will begin. The NCPA Staff of engineers, technicians, and maintenance personal are a key group in assuring correct and timely work standards are in place for the Hydro Plant. Their expertise on operating and maintaining similar equipment at the Geysers and Calavaras Hydro Project gives the City an advantage of leveraging their General Services agreement as members of NCPA. As discussed previously, the overall plan is to have the Lake Mendocino Hydro Units automatically dispatched on an economic 24-7-365 basis from the NCPA Roseville Office. These units will be run without in-plant operators. Only occasional maintenance checks will need to be made by Ukiah personnel. Staff is recommending the City Council authorize the City Manager in cooperation with the Public Utilities Director to transfer the Phase 1 funds to the City's General Service Account at NCPA for an amount not to exceed $650,000. Funds were budgeted and are available for this project in the FY '05-'06 budget, account number 800-5536-302-000. DE0-i5-2005 THU 10'24 AYI NOPA ~OOTNG/YIIS/GEN SERV FAX NO. 9167814255 P, 02/02 FEDERAI, ENERGY REGULATORY COMMISSION Office of Energy Projects Division of Dam Safety and Inspections - San Franclseo Regional Office 901 Market Street, Suite 350, San Francisco, California 94103 (41~ 36§-3300 Ol-fice (41 $) 369-3322 Facsimile NCPA September 19, 2005 In reply refer to: Project No. 284 I~CA Mr. Bernie Ziemianek Public Ut,.ilities Director , ~,The Cit~' of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 RE: Lake Mendocino Radial Gate Modification Plan and Sclmdule Dear Mr. Ziemianek: By letter dated August 30, 2005 we received your plan and schedule for the proposed radial gate modifications.for the Lake Mendocino Project (FERC Project No. 2841), By'this letter, we accept your plan and schedule for the planned modifications, Prior to construction, please obtain final approval from the U.S. Army Corps of Engin6crs and submit ttm Quality Control and Inspection Plan (QCIP), th6 Temporary Emergency Action Plan (TEAP), the tainter valve modification final construction report, and operational test results, As per License Article 45, contract plans and specifications must be submitted at least 60 days prior to the stari of construction for approval, ,Please notb that constmctlon cannot begin without our approval, Thank you for your continued c6operation in the Commission's dam safety prograni. If you have any questions, contact Mr. Wei Li at (415) 369~3360. Sincerely, TAKESIII YAMASI.IITA Takeshi Yamashita, P.E. Regional Engineer l-lari Modi NCPA 180 Cirby Way R0se, vill,e, CA 95678-6420 ATTACHMENT Page 1 of 4 Bernie Ziemianek From: Eric Van Deuren [eric.vandeuren@meadhunt.com] Sent: Wednesday, December 14, 2005 10:40 AM To: Bernie Ziemianek Subject: FW: Lake Mendocino Project Review FYI - Good news from the COE. Eric A. Van Deuren, P.E. Mead & Hunt, Inc. 3327 Longview Drive Sacramento, CA 95610 Tel: (916) 971-3961 Fax: (916) 971-0578 Cell: (916) 769-8949 From: Britzman, Richard A SPK [mailto:Richard.A.Britzman@spkOl.usace.army.mil] ~ent: Tuesday, December 13, 2005 2:06 plVl To: Eric Van Deuren Cc: Burney, Syed ! SPN; Cheong, Herbert H SPN; Dillabough, Michael A SPN Subject: RE: Lake Mendocino Project Review Eric, Syed is on leave. When he returns, he will provide official Corps correspondence. In the interim, per conversation with Herb Cheong, permission is granted to proceed. I provided the following approval to Syed on Wed Dec 7: "The review of the proposed modification to the Coyote Valley Dam outlet works tainter valve is completed by SPK. You may proceed with granting Corps permission to proceed to construction. We should be involved with construction inspection, and any testing following completion of construction prior to alloWing'them final approval to re-operate." You may consider this interim approval to proceed. Hope this helps. Regards, Rick B. Richard A. Britzman, P.E. Chief, Dam Safety & Infrastructure Support Sec. U.S. Army Corps of Engineers ATTN: CESPK-ED-GP 1325 J St. Sacramento, CA 95814-2922 email: richard.a.britzman@usace.army.mil 12/15/2005 ITEM NO. 9.d DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZATION OF THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A PROFESSIONAL CONSULTING SERVICES AGREEMENT WITH BROWN AND CALDWELL TO CONDUCT A GROUNDWATER WELL SITING STUDY FOR AN AMOUNT NOT TO EXCEED $89,528 SUMMARY: The City of Ukiah's current water distribution system relies on the Russian River to supply most of its water. This source of water is highly contested and subject to multiple demands including downstream water users and ever-changing environmental considerations. The current system has experienced costly and frustrating maintenance requirements related to the sedimentation of the Ranney collector and age-related problems with the groundwater wells, some of which are near the end of their useful life. (Continued on page 2) RECOMMENDED ACTION: Authorize the City Manager to negotiate and enter into a Professional Consulting Services Agreement with Brown and Caldwell to conduct a Well Siting Study for an amount not to exceed $89,528. ALTERNATIVE COUNCIL POLICY OPTIONS: 1) Determine a different firm is more qualified and select another consultant to perform the work. 2) Reject all proposals and provide direction to staff. Citizen Advised: N/A Requested by: Bernie Ziemianek, Director of Public Utilities Prepared by: Ann Burck, Project Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1) RFP Distribution List 2) Table 1 - Professional Consultant Services to Conduct a Groundwater Well Siting Study Evaluation APPROVED :(~xJ~(~ Candace Horsley, Citylanager Since 2003, the City has untaken an aggressive rehabilitation program of all existing wells. The capacity of the wells has increased as a result of the rehabilitation work. However, changes in the Russian River since the Ranney was built in 1966 and the age of the groundwater wells, has limited the capacity increase. The Production capability as calculated by the Staff in their "City of Ukiah Water Facts - 2004" spreadsheet lists the total Sites Production as 7.440 million gallons per day (mgd). High demands are pushing the production facilities up to and beyond this capability. An earlier Water Workshop presentation by the Public Utilities Director showed the need for additional supply capacity. The Director stated the water production system is "working overtime with no room for error or downtime". To ensure the City has sufficient water source capacity to meet demand, new groundwater wells need to be found, prepared, and added to the municipal water system as soon as possible. A Request for Proposal (RFP) to conduct a Groundwater Well Siting Study was sent to 21 engineering consulting firms that provide hydrogeologic services for municipal water systems. The objective of the study is to identify, evaluate, and rank potential sites based non- hydrogeologic factors such as access to existing infrastructure, surrounding land use, and public concerns. The most promising of these sites will then be evaluated further regarding their hydrogeologic characteristics and potential to provide high-quality drinking water in the volumes required. Test wells will be installed to verify water quality and water volumes. Seven proposals were received from the following firms: Todd Engineers, Richard C. Slade & Associates, Winzler & Kelly, Harris and Associates, Brown and Caldwell, SHN Consulting Engineers, and URS Corporation. The Department of Public Utilities staff and an outside civil engineering firm evaluated the proposals based on criteria specified in the RFP document. City Staff requested the civil engineering consulting firm of Wagner and Bonsignore to independently review the proposals and to offer their unbiased judgment in addition to City Staff's evaluation. The combined evaluation results for the seven proposals are shown in Table 1. Brown and Caldwell (B&C) received the highest evaluation score, 97 out of a possible 100 points. The strengths of Brown & Caldwell's proposal include: 1) an experienced and qualified team with 104 years of combined engineering experience, 2) design and development of more than 200 water production wells in Northern California, 3) focused comprehensive site selection process, and 4) experience with design and construction of "casing path" wells capable of tapping all available water-bearing zones within an aquifer. Staff, along with Wagner and Bonsignore believes Brown and Caldwell has the requisite experience and qualifications and offers the City the best value to provide the hydrogeologic services for the Groundwater Well Siting Study. The Brown and Caldwell hydrology staff is a separate group from the wastewater design engineering staff. Therefore, Staff is recommending the City Council authorize the City Manager to negotiate the final terms and enter into a contract with Brown and Caldwell for the services outlined in the Request for Proposals City of Ukiah Groundwater Well Siting Study. Copies of the recommended proposal from Brown and Caldwell are available for City Council review. Funds were budgeted and are available for this project in the FY '05-'06 budget, account # 820-3901-250-000. Well Siting Study RFP Engineering Consultant Services Distribution List April 2005 ATTACHMF_N"I"~ / _ _ Geoconsultants, Inc. 1450 Koll Circle Suite 114 San Jose, California 95112 Joel B. ValBrown Boyle Engineering Corporation 1211 North Dutton Avenue, Suite C Santa Rosa, CA 95401 Hanover Environmental Services, Inc. 1072 Marauder Street, Suite 220 Chico, Ca. 95973 SHN Consulting Engineers 812 West Wabash Eureka, CA 95501 Todd Engineers 2200 Powell Street, Suite 225 Emeryville, California 94608-1809 URS Corporation 100 California Street, Suite 500 San Francisco, CA 94111 Ulrick & Associates 1400 Grand View Drive Berkeley, California 94705 MWH Americus, Inc. 1340 Treat Boulevard, Suite 300 Walnut Creek, CA 94596 Martin Steinpress, R.G.C.H.G. Brown and Caldwell 201 North Civic Drive Walnut Creek, CA 94596 Camp Dresser & McKee One Walnut Creek Center 100 Pringle Avenue, Suite 300 Walnut Creek, CA 94596 Perry Petersen, P.E. HDR Engineering; Inc. 350 Frank H Ogawa Plaza, Suite 200 Oakland, CA 94612-2049 Greg Ow, P.E. Harris & Associates 120 Mason Circle Concord, CA 94520-1214 Ted Whiton, P.E. Winzler & Kelly 495 Tesconi Circle Santa Rosa, CA 95401-4696 Robert Gailey, R.G., C.H.G. The Source Group, Inc. 3451-C Vincent Road Pleasant Hill, California 94523 Geothermal Surveys, Inc. 520 Mission St. South Pasadena, CA 91030 Carrollo Engineers 2500 Venture Oaks Way, Suite 230 Sacramento, CA 95883 Brelje & Race Consulting Engineers 5570 Skylane Boulevard Santa Rosa, CA 95403 Quest GeoSystems Management 504 Limewood Drive Antioch, California 94509-5657 Black and Veatch 8950 Cai Center Drive, Suite 238 Sacramento, CA 95826 Mr. Mark Woyshner Balance Hydrologics 841 Folger Boulevard Berkeley, CA 94710 Richard C. Slade & Associates 6442 Coldwater Canyon Ave., Suite 214 North Hollywood, CA 91606 ATTACHMENT_ ITEM NO. 9.e DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION AND DISCUSSION REGARDING ADDITIONAL COMMERCIAL FUNDS FOR DFM CAR AUDIO VIDEO PHOTOVOLTAIC SOLAR ELECTRIC FACILITY REQUEST OF STEREO/HOME GENERATING SUMMARY: In May of this year Mr. Brian Brodoski, owner of dfm Car Stereo/Home Audio Video wrote a letter to the Mayor and City Council members requesting use of additional Public Benefit Funds from the City's Photovoltaic Buy Down Program for a proposed solar project at his place of business. He also wrote a letter to the Public Utilities Director requesting the City of Ukiah partner with his business to demonstrate the City's willingness to work together with local business for the good of the community and the environment. Mr. Brodoski is working with Radiant Solar Technology of Ukiah (see Attachment 2 - Radiant Solar Technology estimate dated May 16, 2005) to design a solar system to be installed on the roof of his business at North State Street. As with existing solar systems in the city, it would be interconnected to the city's electrical distribution grid. (Continued page 2) RECOMMENDED ACTION: Discuss and advise Staff accordingly. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised:N/A Requested by: Bernie Ziemianek, Public Utilities Director Prepared by: Elizabeth Kirkley, City Electrical Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1) dfm Solar Power Presentation (PowerPoint) 2) dfm PV Estimate APPROVED' ~.~ ~,~~-,. Candace Horsley, Cit~,Manager Currently there are Public Benefit Funds available from the City's Photovoltaic Buy Down Program. The current policy budgets $100,000/fiscal year for commercial rebates and $18,000/fiscal year for residential rebates. The program allows $3/AC Watt generated by the solar system in the form of a rebate. A commercial rebate has a limit of $25,000 per installation and $6,000 per residential installation. For the current fiscal year, there is $94,614 available for commercial rebates and $417 available remaining in the residential solar account. Historically there has been a greater interest by the residential sector rather than the commercial for use of the Photovoltaic Buy Down Program funds. This is evidenced by noting there are currently 10 residential Interconnection Agreements and only one commercial solar installation thus far. It is important to note there are additional informal residential inquiries requesting unused Public Benefit Funds. Various initiatives are being considered by the State which might affect future Public Benefit Funds funding of solar projects. Staff has been working closely with the Northern California Power Agency for the past two months reviewing the current legislative policies being considered by the State of California. The City Council will be informed at a later date when these issues are finalized. Mr. Brodoski is requesting a $70,000 solar rebate for his project and is willing to allow the public to tour his facility in order to promote solar installations in the commUnity. This is $45,000 more than is currently allowed by the City's Solar Rebate guidelines as set by the City Council. Mr. Brodoski has prepared a brief presentation outlining his plan for an interconnected photovoltaic system (see Attachment 1 - dfm Solar Project Presentation). Staff recommends City Council discuss Mr. Brodoski's request and provide direction on how to proceed with the request for additional support funds. ATTACHM~~~. .. 0 0 · · ~ 0 · ~ -0 0 · · 0 Q_ 0 > 0 0 0 ~__ c~ < Z ILl IL! r~ a~ 0 X mm mmmmmmm > 0 0 X (D (D I 0 0 0 0 >~~ 0 ~ Iii (/)(Do ATTACHMENT ~ ,,, 6$TIMAT6 DATt~ 6$TII~IAT6 ... 9/~6/2005 210 Brian Brodostd 1080 N. State St. Ukaih, CA 95482 DF~'~d.F-I1)TION ~TY ~OST TOT~ SB6000 s~g ~ve~er 4 4,248.00 16,992.00T ~ discomlect 30A 4 150.00 600.00T AC discomfort 200A 1 364.00 ~ 3~.00T Sh~ 208 watt mod~e 120 1,006.20 120,744.00T UniRac 408', rail kit 12 481.00~ 5,772.00T UniRac Mid clmp set 10.8 32 50 35 t.00T U~Rac End clamp set 24 32.50 78.00T Galv~iz~ cable clips (bag) 3 32.50 97.50T Solid cop~r lay~ gro~d lugs 12 56.00 672.00T T~ee man crew to ~tall system (Ho~ly) 2~ 140.00 ~ 28,000.00 Note: City of [~i~ System Rat~g: 23,587watts Sales Tax 10,561.11 10,561.11 TOT~ $184,231.61 This is an estimate o~fly. The thal cost may vax3' depending on actual munbcr of hours worked m~d materials used. ITEM NO. 9f DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION AND DISCUSSION REGARDING THE CITY OF UKIAH'S ELECTRICITY PURCHASE COSTS SUMMARY: Electricity purchase costs for the City of Ukiah have been on a increase since the loss of a very Iow cost Western Area Power Agency (WAPA) contract back in January 2005. Approximately 20-25% of the energy previously supplied from WAPA by a long term contract with the City forced the City to purchase electricity on the open market. This strategy, while a short time one at best, has turned financially burdonsome since the hurricane contingencies and now the high cost of natural gas and on-going cold weather from the mid through eastern states. High prices due to these escalating factors are now causing the City's Public Utilities Department to supplement budgeted power funding with monies from the Rate Stabilization fund. The City's Public Utility Director will make a brief presentation on this subject to make the City Council aware of issues pertaining to the long-range plans regarding various alternatives to minimize future price swings and to maintain control on power costs. RECOMMENDED ACTION: Discuss and provide staff with direction. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised:N/A Requested by: Bernie Ziemianek, Public Utilities Director Prepared by: Bernie Ziemianek, Public Utilities Director Coordinated with: Candace Horsley, City Manager Attachments: N/A APPROVED~,.--¢%~~.~ Candace Horsley, Ci nager ITEM NO. ~)g DATE: December 21,2005 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- DEPARTMENT HEAD UNIT The City Manager and representatives of the Department Head Unit have met to discuss negotiation items for the Unit's new contract. The proposed Memorandum of Understanding has been submitted for Council's review under separate cover for closed session, if necessary, and has previously been discussed in closed session with the City Manager. Staff recommends approval of the Department Head Unit Memorandum of Understanding (MOU) and adoption of the Resolution approving the MOU for the period of October 1, 2005 through September 30, 2006. RECOMMENDED ACTION: Adopt resolution approving Memorandum of Understanding for the Department Head Unit. ALTERNATIVE COUNCIL POLICY OPTIONS: , Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. N/A Department Head Unit Melody Harris, Personnel Director Candace Horsley, City Manager Resolution for Adoption APPROVED:'=` Cand ace 'f--! ° r's I ~y,-C ity'~n ag e r 3:MOU~A, SRMOU · RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE DEPARTMENT HEAD UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the DEPARTMENT HEAD Unit; and WHEREAS, a Memorandum of Understanding for the term of October 1, 2005 - September 30, 2006 has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement. PASSED AND ADOPTED this 21 ST day of December 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk 3:mou\resmou Resolution No. 2005 - Page 1 of 1