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2006-01-18 Packet
CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 18, 2006 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INTRODUCTION & SPECIAL PROCLAMATION a. Introduction of New Airport Department Employee- Ken Ronk g APPROVAL OF MINUTES a. Regular Meeting Minutes of October 19, 2005 b. Special Meeting Minutes of November 22, 2005 - Fire Department Master Plan Workshop c. Regular Meeting Minutes of December 7, 2005 d. Special Meeting Minutes of January 5, 2006 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. w 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 December 2005 b. Report of the Circumstances Related to the Emergency Purchase of Contractual Services by the City Manager Due to Flood Damage at the Mendocino Hydro- Electric Plant c. Adoption of Resolution Approving City of Ukiah Qualified Contractors List for 2006 Adoption of Resolution Authorizing Records Destruction (Public Works Dept.) Notification of Purchase of Two Digital Radios for Patrol Vehicles in the Amount of $6,735.73 to Motorola Inc. Notification of Purchase of Portable Radios, Portable Radio Batteries, Portable Radio Accessories and Flashlights in the Amount of $7,330.20, to Fisher Wireless Approval of Amended Airport Hangar Rental Agreement Request Approval of Proposed "Water Utilities Engineering Specialist" Job Description i. Award of Sole Source Bid to L.N. Curtis and Sons Fire Equipment in the Amount of $12,038.81 for the Purchase of Hurst Extraction System (Jaws of Life) Adoption of Resolution Establishing Prohibition on Parking Vehicles Six Feet or More in Height at 615 Talmage Road Pursuant to Ukiah City Code Section 7154.5 d. g! 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. UNFINISHED BUSINESS a. Presentation and Discussion of Proposed Countywide Business Improvement District for the Lodging Industry and Possible Adoption of Associated Resolution of Consent (continued from December 21,2005) b. Discussion and Possible Selection of City Council Members to Consider Formula Business Regulation and Form Based Zoning Matters, Despite Owning Property Within 500 Feet of Affected Areas c. Discussion and Recommendation to Mendocino County Regarding Options for Proceeding with the Ukiah Valley Area Plan w NEW BUSINESS a. Adoption of Resolution Approving Assignment of Cable TV Franchise from Adelphia Cable Communications to a Subsidiary of Comcast Corporation b. Approval of Preliminary Scope of Work, Cost Sharing Approach, and City Participation in the Construction of a Traffic Signal at Perkins Street and Hospital Drive, Direction to the City Manager to Prepare an Agreement with the Project Applicants, and a Budget Amendment c. Request for Approval to Hire Executive Recruitment Firm for Director of Public Utilities Vacancy d. Discussion of the Civic Center Every-Other-Friday Closures -- McCowen e. Discussion and Review of City Council Committee Assignments f. Discussion of Possible Ballot Measures for the June and November 2006 Elections 10. COUNCIL REPORTS 11. CITY MANAGER/CITY CLERK REPORTS 12. CLOSED SESSION a. Conference with Labor Ne.qotiator~ Government Code Section 54957.6 Employee Negotiations: Electrical and Fire Units Negotiator: Candace Horsley b. Conference with Legal Counsel- Existing Litigation Government Code Section 54956.9(b) (2) Closed session only to decide whether closed session authorized 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 12th day of January, 2006. Marie Ulvila, City Clerk The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. AGENDA SUMMARY ITEM NO. 3. a DATE: January 18, 2006 REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE- KEN RONK, AIRPORT ASSISTANT The City of Ukiah is pleased to introduce the new Airport Department employee. Filling this position was key to maintaining the level of service to airport patrons, as the department has just two full time employees. Ken Ronk is our new Airport Assistant with primary responsibilities in fuel facility operations and service, assisting in the supervision of part time employees, coordinating all airport operations with the Airport Manager, and performing Airport Manager responsibilities when the Manager is absent. Ken is a returning City Employee as he filled the Part Time Airport Attendant position when he was in high school. After graduating from Ukiah High School, Ken joined the U.S Air Force and left City employment. He is still in the Air Force Reserves. Since returning from active duty which has taken him to locations around the world, he was employed by Redwood Oil Company, which has given him extensive experience in fuel service operations. Ken always enjoyed his time working at the Airport and immediately applied when the Airport Assistant position became available. Ken lives in Ukiah with his wife Karin and son Clayton. Please join staff in welcoming Ken Ronk to the City of Ukiah team. RECOMMENDED ACTION: Council welcome Airport Assistant, Ken Ronk, to the City of Ukiah. ALTERNATIVE COUNCIL RECOMMENDATIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Paul Richey, Airport Manager Paul Richey, Airport Manager Candace Horsley, City Manager N/A 3.PER~ASRWi,,ough~andace Horsley, City Manager~.... CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 19, 2005 1. ROLL CALL6:07:30 PM Present: Councilmembers Crane, McCowen, Rodin, Baldwin, p.m.) Staff Present: City Manager Horsley, Associate Planner Clerk Ulvila. Ashiku (arrived at 7:40 >rney Rapport, and City 2. PLEDGE OF ALLEGIANCE Vice Mayor Baldwin led the Pledge of Allegianc~ arrived. resided over the meetin. Ashiku 3. PRESENTATION 3a. Presentation: Fire Chief Latipow reported that the C seven years ago and was updated in easily be understood by the various improve its effectiveness Preparedness Plan and t Departments, PG&E. California Departm, community teams and train n( arding IN6:08:13 more L and ~s for s rding m prep Emerge the ex Chief Latipow Plan was developed is fully workable and can updates are necessary to Escalating the Emergency necessary coordination of City He also discussed working with the aid. The Fire Department would like to hold a ness and put into place community response can arrive on the scene. 3b. Pr Katl Stone, repr Pow~ t presentation was the City of another c~ January 20. of 2005 :ino Homeless Census and Survey- 53 PM Department of Social Services, reviewed the ted to Council. The last study was conducted in 1994 and .epartment of Social Services will be required to conduct 3c. Introdu~ Planning examiner, and discu : David Willou,qhby~ Building Inspector 6:42:36 PM ~d David Willoughby, the City's new Building Inspector and plans is professional background. 3d. Introduction of New Employee: Sue Goodrick~ Risk Manager/Budget Officer 6:44:08 PM City Manager Horsley introduced Sue Goodrick, the City's new Risk Manager/Budget Officer, and discussed her professional background, noting that Mrs. Goodrick is a former City of Ukiah employee. 4. APPROVAL OF MINUTES 4a. Regular Meeting Minutes of September 217 20056:46:02 PM City Clerk Ulvila advised that the minutes of September 21,2005 will be presented to Council at its next meeting. 5. RIGHT TO APPEAL DECISION6:46:04 PM Mayor Ashiku read the Right to Appeal Decision clause. 6. CONSENT CALENDAR6:46:24 PM Jimmy Rickle requested item "6f" be pulled from the Consent Calendar for further discussion. Councilmember Rodin requested item "6g" be pull from the discussion. Calendar for further Councilmember Crane recommended item "6e" be pulled discussion. Calendar for further M/S McCowen/Rodin approving Consent Calendar items 6e, 6f, and 6g would be heard under New a. Approved Disbursements for Month of b. Adopted Resolution 2006-15 Requesting Amount of $5,716 to Complete Storm Drain Manager to Sign Grant Docume c. Authorized City Manager to Associates for a Lump Sum Am~ the Storm Drain System at Ukiah d. Rejected All Bids for 12 Ton Dual through "d and h 'T', and that ;S. ~ber 2005; Funds from £ rans in the Airport and Authorized the City to C¢ Agreement with Kimley-Horn & Comprehensive Study of re the Parks Division; h, Resl Zone at Motion by the folh and NO for Street Striping 2005, Specification No. 05-06; Removing On-Street Parking and Establishing a Bus roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, None. ABSENT: Mayor Ashiku. ABSTAIN: None. 7. AUDIENCE ON NON-AGENDA ITEMS6:48:$$ PM Kate Magruder, Exe Director of Ukiah Players Theatre, announced that "The Place Meant Project" is scheduled at the Playhouse October 13-23, 2005. Patrick Duff inquired about the circumstances surrounding a gas main that was recently hit on Low Gap Road. 8. PUBLIC HEARING (6:15 P.M.)6:51:57 PM 8a. Approval of A Minor Subdivision Map With a Subdivision Requirement Exception to Driveway Access Requirements for a Property At 432 McPeak Street Associate Planner Lohse explained that the project involves approval of a Minor Subdivision Map 2 and a Subdivision Requirement. On August 24, 2005, the Planning Commission conducted a public hearing and voted unanimously to recommend that the City Council approve the Mitigated Negative Declaration and the Minor Subdivision/Subdivision Requirement Exception components of the project. On October 12, 2005, the Planning Commission heard the Variance component that was added to the project to allow the development of the proposed access driveway width of 10 feet. The Commission then voted 4-0 to approve the Variance and this decision has been appealed by Mr. Shawn Harmon. Staff will be scheduling the appeal for future action by the City Council. Public Hearing Opened: 7:01:37 PM Members of the audience that spoke regarding the proposed representing Mr. Shawn Harmon who filed an appeal to the Variance, Shawn Harmon, John Krutz, property owner of two parcels north of the project, and Ron Meaux, : Jared Carter, attorney Declaration, and the e Leaf, property owner Public Hearing Closed: 7:28:11 PM Discussion followed regarding the following issues · The width of the driveway access to Mr. Mea~ · The need to update the City's Ordin~ ect: M/S Crane/McCowen to continue the variance; carried by the following roll cai Vice-Mayor Baldwin. NOES: N(tne. ABSE along with the appeal of the Crane, McCowen, Rodin, None. 9. UNFINISHED B 9a. Introduction Entitled 7:40:30 PM Mayor linance ~o Retaih the ~cil of the of Ukiah CodeT:40: ! 6 PM meeting. a New Article 7 City Se 21,2005 the licensure Staff :oordinating business She administer ti inance. a small to the sentence in finding number 9 of the ;d by Councilmember McCowen. She reported that at the Council directed Staff to prepare an Ordinance for adoption in the City limits with regard to tobacco sales to minors. ~h the Finance Department personnel who handle the ;sed the procedures and annual estimated staff time required to M/S McCowen Ordinance by title only. Susan Keegan, repre, g the American Cancer Society, voiced support for the Ordinance and felt it is a good step towards keeping tobacco out of the reach of children. Patrick Duff, discussed studies concerning the smoking of marijuana. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. City Clerk Ulvila read the title of the Ordinance, "An Ordinance of the City Council of the City of Ukiah adding a new Article 7, Entitled "Tobacco Retailers" to Division 1, Article 2 of the Ukiah City Code". M/S Rodin/McCowen introducing Ordinance; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 9b. Discussion of Proposed Revision to Marijuana Referral to Planning Commission 7:48:49 PM City Attorney Rapport advised that Ukiah's marijuana September 2, 2005. After four months of administering the revised marijuana cultivation ordinance. The proposed ar simple ban on outdoor cultivation of marijuana. It d{ ordinance and deletes the six plants per parcel limit a a stated distance of schools, parks, etc. The those limits stated in state law. The indoor " Fire Marshal to avoid an undue risk of fire. and Possible nance became effective on ~nance, he is proposing a establishes a permittinc. 'sions in the original ~n of marijuana within not impose g other than require an ;ction by the Discussion followed regarding the proc{ amendments reviewed by the Plannini re for amendi 'ssion first. rdinance and also having proposed Public comments received in support of and Jimmy Rickle who discussed public marijuana outdoors. try Puterbaugh, Lorie Leaf, ard to the odor of growing of Public comments Northern ~h )ropose, [nd Path uff. Dane Wilkins, Director of NORMAL in Council suggested thal visibility odor of marijt the following: uana for to an amount sufficient to accommodate two nts based on SB 42 guidelines ts being grown in a green house may be a nuisance green house may be a nuisance 8:19:29 P7 City Attorr particular instl particular nuisance. If somt neighbors, even the problem. note iat there is a provision in the proposed Ordinance that says if, in a nificant public nuisance associated with growing marijuana at a is authorized to seek an injunction to prevent that public enough marijuana indoors to create a real odor problem for the ley are growing it indoors, the Ordinance would allowthe City to respond to Councilmember McCowen was of the opinion that the Ordinance would not harm the interests of legitimate growers who have a plant per parcel limit to accommodate the needs of two qualified medical marijuana patients. The Ordinance will limit the number of plants grown indoors and will be a potential check on unlimited commercial growing. A majority of the Councilmembers were supportive of limiting the number of plants that would be allowed to grow per parcel in residential zoning districts. It was the consensus of the City Council to refer the proposed amendments to the Planning Commission for a public hearing and a recommendation to the City Council; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. SC. Valley Area Plan Draft Environmental Impact Reportg:25:00 Planning Director Stump reported that at the October 5, 2005 me prepare comments on the adequacy of the Environmental Im Area Plan (UVAP). Many of staff's comments provide updated changes to make the EI R legally adequate. He also subcommittee. He recommended that Council review Councilmembers may have, and then finalize a the B( the adequacy of the EIR. Review and Approval of Staff Comment Letter Concerning the Mendocino County Ukiah "Council directed staff to (EIR) for the Ukiah Valley , while others recommend prepared by the Council .in any comments that regarding Members of the public that spoke to the issue District Board of Directors, and Don Larson. Ri, member of Valley Fire Discussion followed regarding the folio · Staff should review the letters the form could be improved, letter to the County · TheCity's housingel~ in · Staff's projection · New develo The y new zon~ · The letter ~d bythe management · Encou~ the pr' (ely to be matters: see anyth the lett is factually inaccurate or where )rdingly prior to submitting the be updated every five years in the next 20 years s I: walkways and bike lanes allow too much growth :ommitt~ porting a sustainable smart growth/growth erior alternative ,ents regarding the draft UVAP to the County :ober 25th inadequate because they relied upon policies that were of political reasons and whether those mitigations are It was th~ nimous con comments ity's separately County Board of ~sus of the City Council to direct staff to combine the various into a single letter, and submit the Council's subcommittee letter ;ignature on behalf of the unanimous City Council, to the Mendocino 10. NEW BUSlNE~ 10a. Discussion and Possible Direction on Mendocino Council of Governments Fundin? Commitment for the Willits and Hopland Bypass Proiectsg:43:3d PM City Manager Horsley advised that at the last Mendocino Council of Governments' (MCOG) Board meeting, the Board reviewed the draft 2005 Regional Transportation Plan and the MCOG funding projections for the two bypass projects (Hopland and Willits). It was agreed by consensus that each member of the Board would agendize the item for discussion at their respective jurisdictions. Phil Dow, Executive Director of MCOG, advised that every two years MCOG goes through the process of reviewing the Regional Transportation Improvement Program (RTIP). The State Transportation Improvement Program (STIP) funding, SB45, passed in 1997, gave the Regional Transportation Planning Agencies authority over how to program the money that was formerly at the discretion of the California Transportation Commission, and money that had been previously available only for State highway projects. He noted that MCOG passed a Resolution stating that when funding is available, MCOG is committed to finishing the funding commitments for the Willits Bypass project. The Resolution also states that after that, MCOG will commit to funding up to $5 million per cycle (two years) to continue work on the Hopland Bypa~ environmental phase. It also states that it is trying to commit funding process and the design phase. MCOG does not have any of its the project. After the environmental phase is completed, other way, and then the construction of the bypass. which is currently in the the environmental ;gional funds committed to include the design, right-of- It was Mr. Dow's opinion that if the local funding com to remove the rest of the resources from that project opinion that there would be no benefit to resu harm by the lack of support for not concluding revised the environme ~ssue at this time an ,ironmental rocess. would be inclined It was his is a potential Dan Gjerde, Fort Bragg City Councilmember and rep funding for this project by MCOG. It opinion t along separate from MCOG's normal He be made to a portion of the roadway in MCOG, expressed concern with bypass project has moved ned that safety improvements could Jim Mulheren was of the opinion that Hopland and he eno ~rt of the :ur of the solar living center in Lynda McClure there are other the Hopland area, would be less conc( Lhe City, hat the as bike I. committing funds for the project while She voiced her support for improvements in Id be implemented in the Hopland area that Other is ~ freeway to ° encompa,, · ~r the City · By n ~structing th · Traffic Council inclu . ~d bypass may generate growth inducing impacts by opening honor its future commitments to MCOG and member agencies opland bypass, it will perpetuate unsafe traffic conditions estion concerns in the Hopland area Councilmember voiced his support that the City honor the commitments of past City Councils, Boards of S~ ,rvisors, and past MCOG boards to maintain the funding commitment to the Hopland bypass. He explained that he would like to re-examine it once all of the studies have been completed. Councilmember Crane supported a continuation of the study. Councilmember Rodin explained that there are ways in which Caltrans can mitigate safety concerns on the highway. She thought that the City has higher priorities than the Hopland bypass. She preferred to wait until environmental studies are completed so that the City can consider all issues when it has more information. It was her opinion that the Hopland bypass is Iow on the City's priority list. Councilmember Baldwin stated that honoring past commitments is not the finest way to have progressive public policy. Mayor Ashiku stated that lives are important when making a decision about the Hopland bypass. He expressed concern with the number of fatalities in that area. He noted that the City has already committed funds and for the environmental impact report. M/S McCowen/Crane that the City Council notify MCOG urging t~ funding as expressed in Resolution M2004-02 and defer environment studies are complete. by its commitment of ;ideration of this issue until Councilmember Baldwin expressed a need to know h. 55 mile per hour speed limit was posted in the Hop acciden' occurred since the Motion carried by the following roll call vote: Mayor Ashiku. NOES: Councilmember Baldwin. rs Crane, Rodin, and N: None 10b. Award of Bid for Mobile 9:42:30 P1V[ Police Chief Williams reported that the cars since the summer of 2000. The forfeiture money. He explained that these to replace them with m, combination of federal leo Units to Point in the Amount of 165 moni~ ilir using video cameras in patrol h a federal block grant and the Department is seeking would be funded through a M/S Baldwin the City of Ukiah Poli~ of $109,211 from Ass~ Account 21 Grant E~ Ju', embers Crane. None. N: None. bid t, uent-Gl( E Point to provide Mobile Digital Video units to 23,165, plus applicable sales taxes, funding ~.800.000 and $13,954 from Federal Grant uthorizing amendment to Local Law Enforcement Block in the amount of $13,954, for the revenue received from the rant Program; carried by the following roll call vote: AYES: Baldwin, and Mayor Ashiku. NOES: None. ABSENT: 10f (6g.) Uki Councilmembe and other are pursuit rated. of Bid for 9:45: of Two Patrol Car Vehicles in the Amount of 699.38 to that in light of the advance in technology regarding hybrid vehicles cient vehicles, she searched the internet for pursuit rated patrol cars that Police Chief Williams explained that the Department purchases vehicles that are pursuit rated mainly for liability issues, although there is no legal requirement to purchase such vehicles. Police Captain Dewey reported that the Ford vehicle the Department purchases, currently has the highest pursuit rating. Research is being conducted regarding pursuit rated vehicles that have conversions of regular gas to Compressed Natural Gas (CNG). Another option available to the Department is when the Department replaces its detective and administrative vehicles; it can purchase vehicles that do not need the pursuit vehicle certification, therefore, allowing the 7 Department to purchase vehicles that use alternative fuel. M/S McCowen/Baldwin awarding the bid for purchase of two police vehicles from Ukiah Ford in the amount of $57,699.38, from account 100.2001.800.000; carried bythe following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10c. Consideration of Timer S~ for the Ukiah Council C Community/General Services Director Sangiacomo reported Limitimer system is an alterative to the non-visual stopwatch Council meetings. ambers has found that the being used during the Mayor Ashiku stated that he had requested the and the Council agreed. :o pursue it at this time 10d (6e.) Awarded Bid for the Roof Hemmin.qer Construction in the Amendment in the Amount of Councilmember Crane expressed concern that the bid was awarded to a "B" licensed He inc the second bidder concerning the warranty. iah Valley Conferen ,nter to et Contin.qencyl 7:4 ! PM a "C" license contractor and the how to deal with concern voiced by City Attorney Rapport pointed out that have a C-39 license, which is a roofer's s DuraLite as a certified inst. produ~ both of which have C-3 can that that is bid specified that the bidder also had to be certified by has two listed subcontractors uired in the bid. M/S roof overlay of the UI amendment in the amoi for the ,gularity a the bid to Hemminger Construction for the :he amount of $91,900 and authorize budget itional 10% of the total project cost ($9,190) Sh ~erts, em tion for many advised that he has worked with Hemminger ond most of their jobs. Motion by the folio Baldwin, an Ashiku. roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, --S: None. ABSENT: None. ABSTAIN: None. 10e Clay Street Near Jimmy Rickle stated parking in that location. 2006-16 Removin.q 226 Lineal Feet of On-Street Parking Along .e Park this location is shady and that the City should not restrict vehicles from He noted also the lack of sidewalk, curbs, or gutters at that location. Deputy Public Works Director Seanor explained that there are no sidewalks, curbs, or gutters at this location because of how the street was developed over time and that it is more of a park area, not commercial. He noted that a portion of the Clay Street frontage is already zoned for "no-parking". M/S McCowen/Crane adopting Resolution 2006-17 removing 226 lineal feet of on-street parking along Clay Street near the Sun House Park. City Manager explained that if Clay Street is extended, this may be a moat point and the City could reopen that area to parking. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 11. COUNCIL REPORTS]0:25:46 PM~ Councilmember Rodin reported that she had a Councilmember McCowen were going to write. She recommende~ commenting on the pending development applications at the noted the scoping session is scheduled for November 14t' matter at next Council meeting. the letter that she and City Council write a letter ;uch as Ryder Homes. She that Council discuss the Councilmember Baldwin reported that at the Commission (IWPC), the Commission dele¢ Corp of Engineers to move forward with the F~ in an intense public relations campaign in Marin suggestion that the IWPC should conduct its own of the Flood Control District and property as a possible water storage of the 'ater and Power ~airperson to sign a co~ with the Army Study. Th ;I River Advo~ involved and the ~ts been a Ilenge it. He noted that members Valley Wat, :t both suggested the Lovers Lane it is devel He encouraged members of the City Cou observe the new sign adjacent to the Coffe for it. He requested of ti Redevelopment the n~ itic on North State Street and paid $10,000 Program be placed on the He reported that h( attended a workshol: reusing about 80% of i' r Rodin the League of California Cities meeting. He informed that Santa Rosa is successfully He re state ~pe on "Fiscalization of Land Use" and an expert on Smart Growth :he concept of "mixed use", especially in Southern California. He re that Counci Chapter League of whether th ue would e installed as the first vice president of the Redwood Irnia Cities. The session ended with a heated debate concerning .rse Proposition 76. 12. CITY REPORT City Manager Hot. in response to an inquiry from the public earlier in the meeting, on the recent gas leak repairs made at the intersection of Low Gap Road and State Street. Workers had contacted USA to identify pipes in that area and P.G.& E. had not identified the pipe as a live gas line. P.G.& E. repaired the leak on the Iow pressure line. Adjourned to the Ukiah Redevelopment Agency:10:38:35 PM Reconvened: 10:41:03 PM Adjourned to Closed Session: 10:41:03 PM 13. CLOSED SESSION Conference with Labor Ne.qotiator~ Government Code 54957.6 Employee Negotiations: Miscellaneous Unit and *Fire Unit Negotiator: City Manager No action taken. 14. ADJOURNMENT There being no further business, the meeting was adjourned at midnight. Marie Ulvila, City Clerk lO CITY OF UKIAH CITY COUNCIL MEETING MINUTES FIRE DEPARTMENT MASTER PLAN WORKSHOP CITY HALL COUNCIL CHAMBERS 300 SEMINARY AVENUE UKIAH, CA 95482 November 22, 2005 ROLL CALL: Convened at 4:15 p.m. Present: Councilmembers Crane, McCowen, Baldwin At the invitation of the City Council, Mendocino County Council at the dais and participated in the discussi, Absent: Councilmember Rodin Fire Department Staff in attendance: Fire Latipow, Pete Bu: Kevin Jennings, Skip Williams, Larry Charlie er, Jeff Rid, Zumstein, Nathan Vagt, Fire Department Se( iku, 'attenberger joined the Mark Hilliker, ler, Kevin INTRODUCTION OF ESCI Ronny J. Coleman, Project Manac Robert Marcucci Tom Forster ~F MASTER PLAN PROCESS: Mr. Coleman gave a and Tom Forster. collaborative weaknesses in Department into the program aps about the cc ~se functi, Roberts Marcucci )laine~ the process we are engaged in is a s to de! ine challenges, risks, opportunities and Fire and then project the Plan appraises Department e levels including water supply, and with the City's needs. The Plan then formulates to assist in formulating and implementing ire. Mt Kaplan, Joh spoke to the issue: Paul Tichnin, Jim Rickle, Hesch Hilliker, and Pete Bushby. WORKSHOP- MASTER PLAN PUBLIC HEARING OPENED The following is of the discussions which took place. 1. What do you believe should be the mission, goals, objectives and priorities for the Ukiah Fire Department? · Service · Prevention · Delivery of Emergency Rescue and fire suppression · Prevention services · Prevention of injury and death · Preservation of life · Protection of property · Setting the example for the community, children, etc. , What do you believe is a reasonable expectation of the types and quality of services to be provided to the City of Ukiah by the Fire Department? · Not every event can be anticipated or prepared for · Balancing risk versus cost, cost/benefit risk analysis · What is reasonable to provide · How do services benefit individual property owners, i.e., insurance costs · Local issues for the city, i.e., putting out fires, haz~ medical emergencies, joint agreements with other gen brought forward by Katrina. The issue of ;es cooperation to make it possible for people to assist in hel · Same issues for the region · Community preparedness for resources) · Disaster services · Major earthquake event- De planning and response · Coordinated services with other · The highest level of for · Highest possible · Professional Services · Timely response · Basicfire in serw~ · School · Buil~ insl: ions · Fir~ ~rs view lis is · Shoul, of servi grid of in Disa mergency Mendocino County or just in fire suppression of o Quality of 'raining is i~ lect a hi are y that the Fire Department cannot protect event, or prepare for them. A risk/benefit ratio cost do we compare with like communities of quality service ;rvice -is full cost being recovered (engine response etc) - iy comparisons with the private sector regarding level of service versus level of effort , What are the challenges and opportunities that you see for the Ukiah Fire Department? · The graying of the staff- many retirements, how do you successfully backfill (succession planning) · How do we stay competitive (pay and benefits) being so close to the Bay Area? · How do we retain our volunteer pool and keep up the training · Having a fire department that is "lean and mean" · Prioritizing mutual aid responses, are they excessive? · Educating the public on service availability and what they can do for themselves · Take advantage of local expertise for disaster preparedness · Graying of the population -more demand on ambulance services with respect to elderly · Active volunteer program - challenge is State/OSHA regulations that may be imposed on volunteers, · challenged by state training requirements · Working with our neighbors for a more cohesive a~ coordinated response · Potential rapid expansion of housing outside will create more demand on city services, what are the cos · Ever increasing amount of training of increased cost of housing · Decreased number of large respond · Continue demand forfire · Sharing equipment with other a · Countywide purchasing- · Manpower utilization optimal · Severe traffic issues in we going to get to · R~ calr · How d~ ks witl FD'= · Soli from · HOW fill are peol: n all will allow to t purchasing used, how do we determine thoroughfares, how are ~s FD response Ukiah and Ukiah Valley , and Opportu new devel we reall, of second alarm response, personnel living farther :ontribute to planning effort for parking, especially in access problems ~derstand our water and hydrant system What should tra at your resid community's expectation of the amount of time that requesting a fire department response and their arrival or business? Our response time to emergencies is excellent Can we approve upon it? Professionalism and quality of service is high Good auto aid system Four minute response time Are all responses the same? Is something that is urgent necessarily an emergency? Amount of personnel? If we got out of the EMS service will the amount of personnel decline? , · What is the appropriate number of people to respond to various types of calls What do you believe are going to drive the future demands on the Ukiah Fire Department? · FD may need to make requests for mitigation on new development · Is current location of fire house acceptable in 8-12 years · How will development impact FD costs · Increase population, increase development,' ;e traffic, language barriers, communication issues with the citizens wireless, etc) · Growth issues · Infill versus annexation · Increased height of buildings as · Prop 63 mental health - will this c~ EMS · Howwell does present · There are not unlimited achieved between finances and · Being conservative · Annexation will place recovery Must have a balance We need We The p :.ure nee~ d keep people 0¢ new deman Service needs deman that m~ responsibilities/services, city services without cost lnel :han in 1995 ,ust be balanced with employee wages to the fire department. This must be . indivi, · ' that a ,pt responsil: Essence of · Depart~ do you or this community have or ~gency/fire department might be able to fill or is public service it staff is community minded and takes action without ~ked SE caring concern for all, especially elderlY and children Fire rtment staff to go that extra step NEXT STEPS: Mr. Coleman and his associates will perform interviews with key personnel, review data submitted by the Fire Department, and conduct follow-up telephone interviews with Fire Department staff, citizens and other agencies. They will present a draft Plan for Fire Department and City Council review, the results of which will be presented in a Final Plan. This process will take approximately 120 days to complete. Anyone wishing to contact Mr. Coleman or send additional comments/information please do so at: Ronny J. Coleman 8866 Saint Anthony Court Elk grove, CA 95624 Phone: (916) 689-5363 Fax: (916) 689-4998 R onny. colem a n L'~,esci. us The deadline for input is within the next 45 days or by the first of the year. WORKSHOP ADJOURNED: 5:50 p.m. Cindy Stanford, Recording Secretary cTrY OF UKL~H CZTY COUNCZL Regular Meeting C:[V~C CENTER COUNCZL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 Minutes December 7, 2005 *6;00 p.m. *Or as soon as the meeting may be held in conjunction with the City Council workshop. 4:30 p.m.: Presentation of City Capital ]:mprovement Projects & Equipment Replacement Lists- Workshop 1. ROLL CALL present: Councilmembers Crane, McCowen, Rodin, Vice-Mayor Baldwin, and Mayor Ashiku Staff Present: City Manager Horsley, Planning Director Stump, Deputy Director of Public Works Seanor, Deputy City Clerk Petersen 2. PLEDGE OF ALLE~ZAN(;:E led by Councilmember Crane 1 ZNTRODUCT/0N~ AND PRE~;ENTAT/ON a. Zntroduction of New Finance Department Employees: Leigh Halvorsen,Accounting Operations Manager- Daphine Harris, Customer Service Representative T, and Liz Cuadros, Utility Billing Clerk Finance Director Mike McCann introduced Leigh Halvorsen, Daphine Harris and Liz Cuadros, providing a brief biography with their introduction to the City Council. b. Update On Grant Awards For Anton Stadium, Ukiah Municipal Swimming Pools And Ukiah Skate Park- Director of Community Services, Sage Sangiacomo, reported that the City was successful in receiving approval for three grant applications of $500,000 each, a combined total of $1,500,000. Director Sangiacomo shared the scope of each project: Ant9n Stadium minor field upgrades including new dugouts, minor drainage improvements to the in-field, batting cage renovation; parking lot improvements including resurfacing and lining, pedestrian and ADA access will be addressed, with the main focus on the wood grandstand seating area which is extremely deteriorated. Part of the improvements will be renovation and structural demolition in the under seating area including the team rooms & restrooms. Reconstruct a more user-friendly facility including a multi-purpose room. Swimming pool: 2 phases: First phase: Component renovation and equipment replacement, including a PC liner for the small pool in an attempt to stop the water leaks, chlorination system replacement, filtration system upgrade, one liter diving board replacement, slide in lieu of 3 liter board, life guard stands, chairs, benches, tables, etc. Second Phase: Removal, replacement and reconstruction of the restroom, office and building facility at the site. Also looking at making the structure more user friendly for all year round use with the construction of a multi-purpose room. Possibly consider the office to be used during the summer and used as a class room during the winter. Discussion ensued regarding the requirement of a $215,000 per project local match. The local match can come from cash, in kind, material donations, etc. The plan is to set up stakeholder meetings in an attempt to achieve the match needed for each project. The Skate park already has a meeting scheduled for January 7, 2006, with the stakeholders shifting their focus to grant fund matching and to discuss the design of the park. Contact' has occurred with the pool and stadium stakeholders. Additional support that came in this week includes the following: Montanos Foundation, a donation of $5,000 to the skatepark; Mendocino Relief, a donation of tree canopy(s); soil preparation and irrigation infrastructure at all 3 sites. Supervisor Wattenburger approached the Council, congratulating the City for their achievement which he feels demonstrates an improved level of cooperation between City and County. Tn recognition that many County citizens use the City's recreation facilities, he stated it is his intention to pass thru $175,000 of County Prop 40 monies to the City for these facilities. Supervisor Wattenburger stated that the share distribution between the three projects will be determined by the City Manager, Director Sangiacomo and himself. City Council members, City Staff and the audience applauded the generous gesture from Supervisor Wattenburger. City Manager Horsley advised that she had been contacted approximately five years ago by an anonymous donor wanting to donate to the skateboard park and they are now willing to commit $100,000 toward the skateboard park. The City has eight years in which to spend the grant funds. Mayor Ashiku expressed his appreciation of the increased level of cooperation between the City and County. City Manager Horsley thanked Director Sangiacomo for persevering through the grant application process and congratulated him on a job well done. Director Sangiacomo expressed his appreciation for the assistance and hard work that Community Services Supervisor, Gina Greco, contributed to the projects. 2. APPROVAL OF MZNUTE~; a. Regular Meeting Minutes of October 5, 2005 Councilmember Crane corrected the spelling of Ralph "Gomes' to 6; top of the page. M/S Rodin/McCowen to approve the Minutes of October 5, 2005 as corrected. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None b. Special Meeting Minutes of October 12, 2005 M/S Rodin/Crane to approve the Minutes of October 12, 2005 as submitted. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None i RZGHT T~ APPEAL DEC:ZSZON 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. CONSENT CALENDAR The following items listed are considered murine and will be enacted by a single motion and roll call vote by the City Council. ]:rems 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. Adoption of Ordinance of the City Council of the City of Ukiah Adding Section119.$ to Division 1, Chapter 3, Article :[ of the Ukiah City Code, Authorizing the City Manager to Sign Contracts and Other Documents b. Adoption of Resolution Approving Records Destruction (Finance Dept.) c. Authorization for City Manager to Execute Amendment to Professional Services Agreement Between the City of Ukiah and Winzler and Kelly Consulting Engineers to Increase the"Not to Exceed" Amount in an Amount of $20,152 for Additional Services Provided on the Airport Tmprovement Project d. Approval to Disband/Sunset the AB 939 Local Task Force and Approve Appointment of a Reconstituted Solid Waste Task Force e. Report of Emergency Acquisition of Professional Consulting Services from KWA Safety & Hazmat Consultants, ThC. in an Amount not to Exceed $20,000 and Approval of Budget Amendment f. Award of Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Westcoast Arborists, Thc. in an Amount not to Exceed $50,000. ACT]ON TAKEN: City Manager Horsley clarified Ttem 6.f. correcting "Westcoast Arborists, Inc." to "Davey Tree'; which is consistent with the Agenda Summary Report's Recommended Action" for an amount not to exceed $50,000." Mayor Ashiku requested moving 6.a. to lO.f. due to a conflict M/S McCowen/Crane to approve the Consent Calendar as corrected. Motion carried by the following roll call vote: AYES: Councilmembers Crane, Rodin, Baldwin and Mayor Ashiku. NOES: None. ABSTATN: None. ABSENT: McCowen, None i AUDTENCE COMMENTS ON NON-A~;ENDA I'I'EM~ 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. Tn 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. No comment from the public was received. 8. PUBLTC HEARING (6:15 P.M.) These projects are quasi-judicial in nature and require City Council members to visit the project sites prior to taking action on the matter. a. Continuance of Minor Subdivision Map - Subdivision Requirement Exception Variance No. 05-19 AC'I'ION TAKEN: 8y consensus, continue to uncertain date. 9. UNFZNZSHED BUSZNESS a. Discussion and Direction Regarding a Hydrology Study by Wagner and Bonsignore City Manager Horsley presented a proposed outline submitted by Wagner and Bonsignore regarding a record search, data evaluation and identifying water availability issues. Discussion ensued regarding the time frame to complete this study which was noted to be between four to eight weeks and whether it is premature to move forward with entering into this Agreement for a hydrology study when the future of the Ryder project is unknown. The concept of Wagner and Bonsignore developing a work plan and working in conjunction with the consulting firm currently assigned to the well siting project was favorably accepted by all members. ACT/ON TAKEN: Request Wagner and Bonsignore prepare a work plan; inquire as to the anticipated time line to complete project. bm Approval of Contract with Leonard Charles and Associates for the Preparation of an Alternative Route Analysis for the Extension of Orchard Avenue Director Stump briefly reviewed direction given at the November 16th meeting, directing staff to request Leonard Charles and Associates amend their original bid proposal to be consistent with RFP. As requested, the bid proposal was modified, reviewed by City Attorney Rapport and is now brought forth for consideration and approval. Based on comments made by Councilmember IvlcCowen prior to this meeting, following is a list of recommended changes to the revised Agreement: Add "Exhibit C", which identifies the rate schedule for Leonard Charles and Associates, effective January 1, 2005. Add additional sentence to Article V- Payment for Services - Page 4 - Section 5.05: "Consultant cost of services shall comply with those listed on Exhibit C except for the cost of sub consultants which shall be agreed upon by City and Consultant". Delete: Assumption #3 of page 4 of Exhibit A M/S McCowen/Rodin moved to accept the recommended action with corrections and modifications as stated by Director Stump. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku. NOES: Baldwin. ABSTAIN: None. ABSENT: None g. NEW BUSZNE$$ a. Adoption of Resolution of the City Council of the City of Ukiah Urging the Governor to Retain Proposition 42 Funding for Transportation Purposes in Fiscal Year 2006-07 - Rodin Rick Seanor requested support of Proposition 42 funding (The Traffic Congestion Relief Program) stating that the Mendocino Council of Governments (MCOG) has adopted their resolution in support of this Proposition. City Council action to adopt this resolution will join the efforts of MCOG who will be submitting the City's resolution as well as other Mendocino County jurisdiction resolutions, directly to the Governor. Ac1/ON TAKEN: M/S McCowen/Crane moved to accept the recommended action with corrections and modifications as stated by Director Stump. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku b. Discussion and Possible Action Regarding Request for Contribution to the Friends of Drug Court Fund Diana Marshal, Drug Court Administrator, approached the Council members, submitting hand-outs on the Mendocino County Drug Court Adult Division, the 3uvenile Division and a one-page double-sided Mendocino County Drug Court Fact Sheet. Ms Marshal requested support from the City of Ukiah by either a monetary contribution or an offer to help with what she referred to as the "Barriers to success", (assistance with transportation/bus passes, access to constructive free-Ume activities (recreation); food, etc. Discussion ensued regarding whether the City currently has a funding mechanism within the current Budget, in which contributions could be made. City Manager Horsley advised that there is a category for such funding within the General Fund however, no funds were allocated for Fiscal Year 2005-2006. Councilmembers agree this is a worthy program however, without a policy which allows other non-profit groups to apply for funding, it is inappropriate to make a contribution at this time. ACTZON TAKEN: Directed Director Sangiacomo to look at possible funding from the scholarship program. Revisit this discussion in 6 months. City Manager Horsley to bring the matter to the City Council during the Pre- budget meetings. c. Receive Status Report and Provide Direction Concerning the Preparation of a Recycling and Diversion of Construction and Demolition Debris Ordinance Director Stump and Deputy Director of Public Works, Rick Seanor, advised Council members that this item is to provide a status update and obtain direction from the Council, explaining the mandate to divert 50% of solid waste from landfills (AB 939, The California Integrated Waste Management ACt) passed in 1989. The draft "Construction and Demolition Debris Recycling Ordinance" is an effort to reach the required 50% diversion rate. Director Stump reported that ten days ago, thirty-five copies of the draft Ordinance and cover letter were sent to contractors, architects, tradesmen, the North Coast Builders Exchange, Employer's Council, etc., in an attempt to generate discussion and receive suggestions and comments. Mike Sweeney, Manager of the Mendocino Solid Waste Authority, provided a brief overview of the City of Willit's steps in implementing recycling and diversion of construction and demolition debris, stating that construction and demolition materials can be recycled. In order to provide contractors and tradesmen with needed information, a one page, double-sided management work plan was developed. Mr. Sweeney stated that several contractors already are taking steps to minimize the impact to the city's landfill by taking the material with them which they then store, reuse or sell. Discussion of the Draft Ordinance included the following: · The Waste Management Treatment Plan · How the debris will be recycled · The costs associated with this Ordinance · Inclusion of an Administrative Fee within the Ordinance · The need to include "definitions" · Reconsideration of the thresholds for single-family homes · Address deficiencies identified above ACTION TAKEN: Bring matter back for further discussion, once input has occurred with the stakeholders. Break from 7:35 pm to 7:39 d. Discussion on City Campaign Contribution Limits - Baldwin Councilmember Baldwin stated setting local campaign contribution limits promotes greater democracy, freedom of speech, and grass roots participation in Ukiah public policy making. He additionally stated that the Fair Political Practice Commission's reporting requirements are insufficient in protecting our rights to fair elections and stated there is an indication of an inverse relationship between campaign spending and voter turnout. If the Ordinance submitted to Council is approved, portions of the City Code relating to political campaigns will be amended; limits set forth in the draft Ordinance are not to exceed $150.00. It was noted that several cities have adopted similar ordinances, citing the cities of San Jose, Gilroy, and Stockton, to name a few. Ron Epstein, invited to speak regarding this matter by Councilmember Rodin, approached the Council to discuss campaign finance reform options. The three primary points Professor Epstein wished to discuss was 1) Contribution limits and increased disclosure, incorporaUng element(s) beyond that now required by the Fair Political Practice Commission; 2) Conduct an open forum between the City Council and community; 3) The contact for outside professional services is available from the Center for Governmental Studies in Los Angeles. Professor Epstein additionally recommended the Council hold a forum inviting members of the community to discuss the matter and provide feedback and input. Based on Council discussion, items needing further clarification or that should be included in the draft Ordinance were identified as follows: Inclusion within the Disclosure regarding "last minute contributions" Inclusion of additional elements within the FPPC Disclosure, as deemed necessary Contribution limitation - reconsider threshold; analyze possible loop holes; review how limitation could possibly be an advantage for the incumbent. Ac'rzON TAKEN: Councilmembers Rodin and Baldwin, along with Professor Epstein, to research and draft verbiage for the draft Ordinance and bring back to Council. e. Adoption of Resolution Approving Memorandum of Understanding for Employee Bargaining Unit- Miscellaneous Unit ACTION TAKEN: M/S McCowen/Crane moved approval of the recommended action; adopting a Resolution approving the Memorandum of Understanding for the Miscellaneous Unit Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin and Mayor Ashiku f. Adoption of Ordinance of the City Council of the City of Ukiah Adding Section 119.5 to Division 1, Chapter 3, Article I of the Ukiah City Code~ Authorizing the City Manager to Sign Contracts and Other Documents M/S McCowen/Baldwin moved to adopt the Ordinance as presented. Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, and Mayor Ashiku 11. COUNCZL REPORTS CouncJlmember McCowen: Reported he had attended a Library Advisory Board meeting. A request was made for the City to provide contact information. The Board is looking forward to the replacement of the library which is planned to remain at the same site on Main Street. The next meeting is scheduled for December 15th of this month. Additional meeting information was provided regarding a Mendocino Council of Government meeting he attended on November 15m. At that meeting, MCOG adopted a resolution in support of funding for Prop 42 and adopted the Regional Transportation Improvement Plan. In regard to the Fair Political Practice Commission, Councilmember McCowen encouraged City Council members resolve any pending matters and move forward. A formal request letter needs to be submitted to the FPPC as soon as possible, as the FPPC has twenty-one days in which to respond. Councilmember McCowen stated he was satisfied with the legal opinion from City Attorney Rapport. Councilmember Baldwin: Distributed a letter sent as an individual to the Board of Supervisors requesting the Supervisors place a moratorium on new bill boards. Councilmember Baldwin additionally reported having attended an Inland Power and Water Commission meeting wherein the re-licensing by the FERC of the power plant in Potter Valley, which expires in 15 - 17 years was discussed. Friends of Eel River are aligning themselves with what he referred to as the slow and no growth groups in Sonoma, which appears to be moving toward decommissioning the project and requests Council begin to discuss this matter with the intent to keep the power Plant open and consider how to fund / acquisition prior to the re-licensing. Councilmember Baldwin attended the Airport Commission meeting held December 6, 2005 where Chris Stone's presentation on moving the airport to North of Ukiah was discussed. Councilmember Crane reporting attending a Mendocino Solid Waste Management Authority meeting today; no real issues but loss of employees to county because quasi governmental group has lower wages than county employees doing similar work. 1.2. CTrY MANAGERICTrY CLERK REPORTS - City Manager Horsley reported the next meeting is scheduled for December 21, 2005, starting at 4:00 PM for a .loint Sanitation District meeting, moving into a Closed Session with water Counsel at 4:30 PM. A request by the City Clerk was made asking il= a side conversation occurs during the meeting, please do not speak where the microphone picks up your voice, as when playing back the recording, it is difficult to hear what the speaker is saying. City Manager Horsley reported she will be coming back to the Council to discuss hiring a professional consulting firm to do the recruitment of the position of Director of Public Utilities. City Manager Horsley distributed the letters going out to all tenants for sewer rates written in English and Spanish. Council additionally viewed a ~/2 page ad which will be going into several papers on becoming a law enforcement cadet. The Police Department will begin continuous recruitment soon at this time; two openings need to be filled. 13. CLOSED SESS:[~N Having no business, there was no Closed Session. a. Conference with Labor Negotiator, Government Code 654957.~ Employee Negotiations: Department Head, Electric, and Miscellaneous Negotiator: City Manager Units 14. AD.1OI~RNlUlENT - Having no further business, the meeting was adjourned at 8:40 PM Gall Petersen, Deputy City Clerk CITY OF UKIAH CITY COUNCIL SPECIAL MEETING MINUTES CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 5, 2006 1. ROLL CALL :12:06:25 PM Present: Councilmembers Crane, McCowen, and Rodin Absent: Councilmember Baldwin'and Mayor Ashiku Staff Present: Risk Manager/Budget Officer Goodrick, City M; Engineer Kirkley, Finance Director McCann, and City Clerk ,rsley, Electrical Distribution City Clerk Ulvila called the meeting to order due to of Councilmember Rodin, the most senior CouncilmE 'esent, and Vice Mayor. ~eeting. 2. ADOPTION OF RESOLUTIONS PROI SERVICES DIRECTOR DECLARING A GOVERNOR SCHWARZENEGGER PUR DECLARATION INDENTIFYINI ]2:06:40 PM Risk Manager/Budget Officer Got acting as the Director of Emergency Servi She requested the City CoL that resolution requesting pursu, Mendocino County as area IDOCINO C, at on IERGENCY AND !QUESTING ESIDENTIAL EMERGENCY A FEDERAL DISASTER AREA )er 30, 2005, the City Manager, declaring a local emergency. in addition to adopting a declaration identifying M/S by the following roll cs ABSENT: Re,, on existence of a local emergency, carried McCowen, and Rodin. NOES: None. ABSTAIN: None. M/S M, Al Declarati¢ call vote: ~uncilmember 2006-28 requesting Governor Schwarzenegger pursue a State of Emergency in Mendocino County, carried by the Imembers Crane, McCowen, and Rodin. NOES: None. ayorAshiku. ABSTAIN: None. City residences an, removal of debris Irsley ;d a status report concerning damages to City facilities and to in the City of Ukiah, and how the City is providing assistance with The City Council and voiced their appreciation to the City of Ukiah Fire Department and other City staff members who are providing assistant to the hardest hit areas of the City. They are also providing forms to the public to list damages and incurred expenses. 4. ADJOURNMENT There being no further business, the meeting was adjourned at ]2:]3::16 PM Marie Ulvila, City Clerk ITEM NO.: 6.a DATE: January 18, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF DECEMBER 2005 Payments made during the month of December 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: 66322-66417, 66484-66686, 66769-66899 Accounts Payable Manual check numbers: none Payroll check numbers: 66418-66483, 66687-66768 Payroll Manual check numbers: none Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of December 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 Horsle¥, City M~nager KRS:WORD/AGENDADEC05 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF DECEMBER 2005 Demand Payments approved: Check No. 66322-66417, 66484-66610, 66611-66686, 66769-66899 FUNDS: 100 General Fund $237,343.63 131 Equipment Reserve Fund 140 Park Development 141 Museum Grants $1,418.31 143 N.E.H.I. Museum Gran{ 150 Civic Center Fund 200 Asset Seizure Fund $51,066.21 201 Asset Seizure (Drug/Alcohol) 203 H&S Education 11489 (B)(2)(A1) 204 Federal Asset Seizure Grants $267.62 205 Sup Law Enforce. Srv. Fund (SLESF) $1,000.00 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $13,954.00 220 Parking Dist. #10per & Maint $590.53 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund $530.00 260 Downtown Business Improvement 290 Bridge Fund 301 2107 Gas Tax Fund $681.25 310 Special Aviation Fund 315 Airport Capital Improvement $182.83 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant 333 Comm. Development Block Grant $15,000.00 334 EDBG 94-333 Revolving Loan $16.16 335 Community Dev. Comm. Fund 340 SB325 Reimbursement Fund 341 S.T.P. $19,626.59 342 Trans-Traffic Congest Relief 345 Off-System Roads Fund 410 Conference Center Fund $7,773.02 550 Lake Mendocino Bond 575 Garage $1,326.89 PAYROLL CHECK NUMBERS 66418-66483 DIRECT DEPOSIT NUMBERS 26219-26358 PAYROLL PERIOD 11/20/05-12/3/05 PAYROLL CHECK NUMBERS: 66687-66768 DIRECT DEPOSIT NUMBERS 26359-26537 PAYROLL PERIOD 12/4/05-12/17/05 600 Airport 611 Sewer Construction Fund 612 City/District Sewer 615 City/District Sewer Replace 620 Special Sewer Fund (Cap Imp) 640 San Dist Revolving Fund 650 Spec San Dist Fund (Cap Imp) 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 661 Landfill Corrective Fund 664 Disposal Closure Reserve 670 U.S.W. Bill & Collect 678 Public Safety Dispatch 679 MESA (Mendocino Emergency Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 840 Special Water Fund (Cap Imp) 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. 975 Russian River Watershed Assoc 976 Mixing Zone Policy JPA TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS: NONE $6,023.78 $28,915.94 $29,877.94 $704.46 $48,141.26 $550.76 $2,695.02 $15,083.83 $560.15 $17,129.47 $1,078,824.83 $9,086.50 $18,600.74 $71,895.13 $1,109,702.63 $8,860.64 $142,985.73 $78,298.00 $412,147.16 $582.55 $3,880.37 $2,705.00 $20,230.85 $16,500.71 $3,474,760.49 $49,128.74 $128,61 O.37 $354,131.24 $4,006,630.84 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OFClTYMANAGER IhaveexaminedthisRegisterandapprovesame. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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D b ~ .. n o oo oooooo ~ 000000 0 O0 oo 000000000000000 ooggoo oo ooggo g gg oo o oo ~ooooo ~ o ~ oo H oggoo ogg g g m i ~ ~ ~ < HHHHHHHHHHHHHHHHHHHHHHHH H~ ~ HHHHHHHHHHHHHHHHHHHHHHH ~k ~H 0HHHHHHH HHHHHHH O~ OO O~OOOOO O~OOOO ~OO~~ o~oo~o O OO O OOOOOOO ~ ~ ~ ~ ~ o HHH H H H H ~ ~ ~ ~ o ~ o ~ ~ OOO~OO~~O~OOOOOOOOOO O00~~~~0~~0 ~ O0 ~ O0 ~ 0 0 ~~~0000~0~000~00~ ~ ~ .,,. ................. .. . ~ ~ 00000000000000000000000 0 · , . · . , . · · . · , , . · . ....... ~ 00000000000000000000000 0 00000000000000000000000 0 000~0000000000000000000 ~ 00 SSoosooosoo~oo~oo~soos OO OOO OO OO OO OO o o ~ ~0 ~0 H © ~ 0 © 0000000000000 o°~°~~~°o~ oo oo 0000000000000 o~oo~oo~ooo 0 O0 O0 000 0000000000000 00 · 0 <2) C> · 0 · °g o ~ oo oo o 00~0000000000 o ~ o~ ~ o ~oo~o~oo~ .,0.. ~0000000000000 ~oo~oo~oo~oo O0 O0 O0 O0 00000000000000 I--I 0 o~ 0 000 mmm 00000000000000000 0 O0 OC~ O0 i i [*,5 ',.4 ~ 00 · ~o o o o o o mmmm oo ~ 00000 ~0~0~ 0~0 0..00 OOOO0 OOO0~ 00000000000000000 ooo~~o~o~ooooo oo~o~o~ooo~o~ ~~ooo~o~ooo~o ~ oo8§oo~oo~o~oo~ O0 O0 O0 0 O0 00000000000000000 0 0 i~. g~gg oo 00000 00000 ~°~S ii oo~oo t~ ~ o o o o 0:~ 00 o oo oo oo oo i ~o r~ [-q O~ 0000 O00000000000H o o~ ~o ~ o o o~~ ~ mmm ~000 0~ 0000 ~°°~ 0000 o~ o ~H H , C~ <2> {2:> oo~~~;~o oo o 000000000000 000000~000~ , · , · , , 0 ..... ~oo~oo~o~o~oo o o H 0 o 00 00 · ~l Oh 0 ~ ~ 0 0 . 00~ 0 H,--3 ora H ~0 mz i o~ 0 © ~ i 0~ 0~~ ~ HK ~HHK ~ O~ ~00~ O0 0000~000000~ .....,...,.. 0~~00~~ ~~o~o~Ooo ~ ~o ~ ... ..... ,... 000000000000 oo~oo~o~O~o oo o o ~0~000~~0 0 ~ 0 0 0 o~oo¢ 000000 o ~ o O~HHHHH~H~HHH ~ O0 O~ O0 ooooo o ooo 8oo88 o 8o8 O0 0 0 00000 0 000 00000000 , ~0~0 ~ 00000000 0 88oo8oo8 o O0 O0 0 00000000 ~ o oo o o~ o~ ooooooooooooooo oo~oo~oo~oo~oo~ ~ ~o. ~o. ~o. ~o. ~o. 0 0 0 0 0 · o o o 8 0 O 0 ~ 08800 o 080 o88oo88oo8oo 0 O0 O0 O0 o 8°°88°°8 i oooooooo 08008800 o 0 O0 O0 0 ~ ~ o 0880080088008°0 0 O0 O0 O0 O0 t~o o o ~;~ H H ~o o OC~C ~-~ ~-~ 0 0 0 0 ~o:~ · o ~ 1-~ , · <2> C> t'q · · o o ~0 0 0000 ~oo~ &&'&o 0000 0 ~ ~ ,, AGENDA ITEM NO: 6b MEETING DATE: January 18, 2005 SUMMARY REPORT SUB3ECT: REPORT OF THE CIRCUMSTANCES RELATED TO THE EMERGENCY PURCHASE OF CONTRACTUAL SERVICES BY THE CITY MANAGER DUE TO FLOOD DAMAGE AT THE MENDOCINO HYDRO-ELECTRIC PLANT. SUMMARY: The powerhouse for Mendocino Hydro-electric Plant was inundated with flood waters on or about December 29, 2005 due to heavy rainfall and extreme flood conditions resulting in unusually high releases of water from Coyote Dam. The flood waters displaced bearing oil and hydraulic fluid which were contained in the powerhouse. Emergency measures have been taken to begin the cleanup and decontamination process. In order to prevent further damage to the powerhouse there is a need to expedite this process. The majority of the oily water (approximately 80,000 gallons) has been removed, transported and properly disposed. Due to the urgency of the situation there was not time to request bids for this portion of the cleanup process. The anticipated invoice amount is $80,000-$100,000 and should be received by January 13, 2006. The City will save approximately 15% by paying this invoice within 30 days. The next step is to finish the cleanup and decontamination of the powerhouse. Three companies toured the hydro-electric plant and submitted informal bids; see RECOMMENDED ACTION: N/^ ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Murray Grande, Interim Public Utilities Director Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager; Dave Rapport, City Attorney 1. MP Environmental No-bid Email 2. Ben's Truck & Equipment, Inc. Price Quote 3. Safety-Kleen Proposal Approved:< ~:~~~~~, Candace Horsley, Ci~ Manager Page 1 of 2 Attachments 1, 2 and 3. As the City Council will see in the attachments, the bid from Safety-Kleen was actually higher than the bid from Ben's Trucking. The City Manager awarded the bid to Safety-Kleen because of its expertise and the quality and specificity of its bid. The City Manager considers the Safety-Kleen bid to be the lowest obtainable for these reasons. Safety-Kleen began work on Monday, .lanuary 09, 2006. The work was expected to take two twelve-hour days with a 6-man crew. However, after the work commenced it was determined the initial estimate to remove 1900 gallons of oily water was Iow. There could be an additional 7100 gallons to remove resulting in a change order for additional charges. City Code 1530 states, "In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the City Manager shall be empowered to authorize the Purchasing Officer to secure by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services regardless of the amount of the expenditure. 1. Recorded Explanation: A full report of the circumstances of an emergency purchase shall be filed by the Purchasing Officer with the City Council and shall be entered in the minutes of the Council and shall be open to public inspection." This is only the beginning of the cleanup effort. Staff anticipates returning to the City Council with additional contracts regarding cleanup and restoration efforts of the hydro- electric plant. Page 2 of 2 Page 1 of 1 Elizabeth Kirkley From: Jesse [jesse@mpyolo.com] Sent: Wednesday, January 04, 2006 3:10 PM To: lizk@cityofukiah.com Cc: mgrande@ncpageo.com Subject: No Bid on Cleanup Hello Elizabeth, I am writing you to inform you that MP Environmental unfortunately will have to no-bid the cleanup project we job walked this morning. I have contacted my work crew and was informed they are booked for a minimum of the next two following weeks and are extremely backlogged at this time. Thank you for considering MPE for this project and please feel free to contact us for any future projects you may encounter. Jesse A. Soltero If you cannot open this file, you can download adobe acrobat reader free from h tt p://www, ad o be. co m/p rod u cts/acrobat/read step2, h tm l 1/9/2006 BEN'S TRUCK & EQUIPMENT, INC. General Engineering Contractor Lic. 677697 A-Haz * Hazardous Waste & Tank Removal * Road Building P.O. Box 732 * 2060 Montgomery Road * Red Bluff CA 96080 * Phone (530)527-5040 Fax (530)527-9170 January 6, 2006 Elizabeth Kirkley Ukiah Utilities 411 W. Clay Street Ukiah, Ca 95482-5400 RE: Lake Mendocino Hydroelectric Plant Dear Elizabeth Kirkley, Per your request, I am pleased to provide you with a price quote to pressure wash and clean turbine/hydraulic oil residue from the Lake Mendocino Hydroelectric Plant. The lump sum price for this project is $17,850.00. Price is inclusive to all items discussed per job walk on January 4, 2006. Items discussed included removing accessible liquids and residues, disposal of glass cell batteries, wash and remove into city supplied storage facility loose removable contents from building, demo and relocate wood office room. Dispose of rinseate and solid materials generated. Should you have any questions, please contact me at the office. Sincerely, Wayne Pasco Operations Manager WP/cn January 5, 2006 City of Ukiah t 130 Lake Mendocino Ukiah, CA 95482 Mr. Murray Grande t Elizabeth Kirkley (707) 463-6298 f 463-6740 Dear Mr. Grande, Re: Proposal for Total Project Management Proposal Number: 96S3 Safety-Kleen is committed to providing the best in environmental services anci is pleasecl to provide the City of Ukiah. ~he custome~ with a proposal for the services described below as part of our full se, vice Total Project Marmgement Program: · LABOR All labor costs for the segrega[i~on, ciassification, and packaging of the waste materials by experienced personne~ in acco~rdar~c.e with all DOT, EPA and State regulations. · MATERiALS AND FEES All fees, applicable taxes and materiai costs for the proper packaging of the wastes for shipment by highway inc, tudin9 drams, peoki~ medie~ DOT artcl EPA labels and pemonal protective equipment. ,TRANSPORTATION Transportation of all psckaged wastes by a fu!!y licensed and insured waste transporter, from your facility to the end dist:x:~al site. · DISPOSAL Proper treatment and disposal of aj~ wastes at an authorized clJsposai facility. · PAPERWORK If necessary, a completed Hazardous Waste Ma~rt'est and Land Disposal Restriction Fon'n for your signature at the lime of shipment. This proposal shall replace any prior oral or written proposal provided by Safety-Kleen and shall serve to memorialize the mutual unde~,Aanding of our roles and responsibilities related to this proposal and the services provided. This proposal is not to be considered as a fLxed price, bu~ a project estimate, based on the Scope of Work, approximate chemical quantities and descriptions of the inventory provided by the Customer. If actual costs exceed this estimate due to an increased Scope of Work, the Custorr~r will be notified of the revised co.sis encl will be invoiced for the actual work completed. Safety-K!een Proposal January 5, 2006 Proposal Number: 9663 The Scope of Work and breakdown of the cuts associated wi~h this proposal as follows: SCOPE OF WORK 1. ~AI~TY-KLEEN's crew will meet ~o dli~ss and d~~t M~ ~ of h~, ~ ~e~, *State ~d C~p~ ~~ ~g fo~ ~~ inked ~ thc p~j~ u~d to supply ma~up ~r ia~ the wo~~ ~E~=~EEN will m~r mb~nt ~ iq..~d SPg ~ ~zO~ (ph~e i~iza0~p' de~r) ~ik c~bu~ ~n~t e~ S~~-~E~ ~11 ~li~tc aU ~r~ ~i~t~ ~ i~o a mtl~~ainer for pro~r ~~ion ~d ~n~ ~a ~, ~o~ge ~d su~h~ by Ci~ 5, S~~-~EEN ~1 ~ oil ~n~ ~ ~ ~~, p~ps ~ ~uipment. 6. S~~I ~N ~il "C~~ 8t~ CI~~ ~ ~ ~ ¢1~ ~1 ~xes, ~ls, ci~ ~ cl~ ~n~i~ mo~ ~1 ~~y ~ ~~ via ~ ~M air W p~nt oM~fion of ~ fl~r ~ dams ~ ~t~ ~o ~~t ~ T~ con~~ ~ ~ ~o (2) of to EPA ~~ ~ ~ ~~t ~ttefim ~r ~1 EPA ~d ~T ~fio~. ~e ~~ ~ ~ ~,~ f~m ~m. ~ Non-RCRA liquid (Oil & Water, Non-RCRA solids (TPH debris, PPE) $I Estimated total of waste initially contained in sumps is estimated to be 1300 ga!ions, Batteries are estimated to be I00~ each For fiquids (<2000 gallons) For solids I Batteries 7 I , load $1,150 toad pallets $2.1 O0 $180 , $2.100 $1,260 Per project 1 eech $8,500 ~ $8,500 4% Environmental Sumharge .04 t per total '$'0' ' 1'' $0 [ Mobilizaion/Demobilization Estimated Project Total: $33,51 Provide unobstructed access to the work area and loading / unloading areas. · Provide site utilities such as water, electricity,~_t, ,!~_~_.r and re~r.o.o~_facilities. · Provide an authorized representative to approve the work and be available for any changes to the scope of work. · Provide an accurate description of the waste materials pdor to the cr~ws preparing equipment and personal.protective equipment for the job. · Provide vaiid EPA ID number, if required, prior to arrival on site All items must be shipped in DOT apptove~ shipping containers. Applicable taxes or similar assessments an= no! Inclu~led in 113e Prices and will be billed separately on Customer's invoices, In a~¢litton to any other terms herein~ th~s proposal ~etter is subject to the following Terms and Conditions and must be executed by ~he Customer prior to Safety-Kleen beginning any work. Terms and Conditions Waste Disposal Services Price i~ valid for s~¥ (50}. cia,us .from the clare of th~ pr~i ~etbar. 2) Customer agrees to pay the Prices for the Services and agrees thai paymenls hereunder are due u~n Customer's receipt of an invoice, Amounts due on invoices that am not paid wiU~in 30 day=i are raubject to ar~ interest charge equal to fJ~e le~raef of ~..5% p~' r~nffi (18% per annum) or the maximum rate el~o-,~:! by law. 3) Cu~omer shall be responsive for any adaalonal costs e'~urred es a refiult of pa~kagin~ and di~x~.~l of a~c~tJonel items or quantities not bated on the original inventory. 4) Ail drummed waste materials are packageO in drums that m~! cur?ant I::~T/1JN s~.it'~cations and are in goocl condition suitable for trartsparlation by highWay. Repackaging or over packing of drums will result in additlon~ co~L~ for ~aoor anti Materials, payment for which is the responsibility of ~he CLtS~xne?. 5) ~afety-Kleen'a emlatoyeea or acjer~ may reP~ to l:sac~e and s~p any materiel~ that are deterr~ned to oontain pathological aSler~ biolog.ical waste$~ PC~'s~ diorite, radioactive wa~, explosives or ,'hat possess other hazards that make the waste unsafe for handling or s,~Apping. ~) !! CL~omer ~ a va,!~ arid c-uEe~ Urliversa; Ser~r.e~ Agre~e~ ot' LMa~ef E,~nnces A~Fe=ment on ~le with ~al'ety- Klean, the terme and oonditio~ of said Agreement ahalt ~1 ~n the event there is any contract wit~ b~e terr~ and ~onditians of, this pr~=e quotation. 7) Customer wilt submR a ~epar~e des~ption ('Material Profile") f~r each waste mater~al ter'~dered or delivered by Customer to Safety-Klean CVVaate*). CuStomer, upon request by Safety-tC3een, wfil aubrm~ wi~h the Material Profile satnp~e oi' the Waste described in the Material Prof,. Customer aelmowtedgm and agree~ that 8alety-Klee~ ~ tet~tirlg, evaluation, colle~tion~ han~Lqg, and proces~ng proc. ed~e~ on the ~rlpl~n Of the Waste ~;or~ained in the Material Profile, If Customer ia re~pom-,ible fo~ pa~tr~ at'~l markir~ the wa~e, ~e waste wilt be described= packaged and labele~ in accordarlce wi~h alt appt~oable taws, will conform to the Waste Profile provided tO and w~li be pro~luced as der=~bed in the Wa=ire PrOfile, C~lonler agrees not to mixthe W~e wRl~ any other materials (inoluding, without limitation, materials cotltaining PCBs) m ornerwi=e alter t'ne charactehstics o! the Wa~e~ Customer inform Safety-Klean ol' any process changes tha~ may a~'te~ the charac~r~tic~ of the Waste. Provide~l the Waste Material is ~s des~bed ~ the applicable Wa~e Oescri~on and the Waste Matedal properly packaged, coded, marked and labeted, title, risk of loss and att o~her Incidents of ownership with respec~ to the Waste ~atefiai wiii be transferred from Cu=iorn~ Klean takes po=~er~aiO~ of, siglr~ for, and removes the W_,=~__e Met~.i ~ Customer's t~:a~J~n or (!0 ~he time Ctr~tort~'$ Waste Material i~ delivered to Safetyq, geen. Any marke~ble or usaDle material Safety-Klean may recover from the Waste Material shall be the sole property or Safety-Klean, Waste Material will be oon~ered nonce~f~ming wa~e ('No~mi~ We~") if[ fli~ Ia oonf~m to the ap~a~te Wa~e D~ion m ~ any ~g~ a~ m~ ~vi~ by c~ ~ not In ~a~ ~h ~mlne~ to be N~~ng Wa~e~ Safran ~y r~ m ~oke ~ ~~ ~ the W~e ~edal. T~ ~ a~. C~omer and B~-~en ~11 he~ 7 ~ te ~k an aR~ative manner ef d~i~ of t~ N~n~ W~e, unl~ ~ is ~~ ~ ~ ~ ~, f~ ~ ~ ~ o~almg ~oc~e te m~e the N~o~ Wa~e tn I~ t~n 7 ~. ~ C~ a~ Saf~-~ ~ a~ on an a~e mawr of ~s~n ~n the ml~va~ ~, Sa~~ ~a~ ~ r~ ~e No--mining W~e to G~mer or unii~lly ~e~e and a~ar~ f~ ~n aR~n~e, ~ m~r ~f ~i~n. C~mer ~lt pay Saf~y-~een ~ ~9~b~ e~ and cha~ t~ ~ ~ ~ ~ion to ~ Non~nf~g Waste, ~nduding anat~al ~, ~nspo~n~ ~or~ re~ir~ m~n~ d~n~Jon and ~eani~ ef ~i~b~ e~ui~n~ and N~fmming W~ lO)Safety-Klean agrees to ~n~emr~ify~ hold harmless and defend Customer, it~ c~lrectors, officers, emp;oyee~ a:"~d agents fram and against any and all liabilities, ctaims, penalties, forfetures, s~ls, a~d the costs and expenses tnc~ent tl~ereto (including ~ of ~efense, settlement and reasor~l:~ lawyers' fears, confidant or othe~ profer~iort~t fe~ and reasonable ~sts of investigation, corAainment ~ ~artup and any rem..~l ac~ior~ required by law, regulation, or order, including the Com~eh~ Environmental Response. Comlaensa~ion arid Liabjl~ A~ of I980 or COmparable ~ta~e superfund law (collectively r~erred to a~ 'Damag~'L which it may hereafter k-a;ur, become responsible for, or pay o~.~ as a result of death or bodily inju~' tO any persom de=~uc~ion or damage to any property, contamination of or adverse on the envlronmsrR, or any violation of gav~, to the e-~en~ that ~uch Damages w~re ~aused by: (J~ Safety-K!ee~'s breech of any term ot prOViSion of this Agreement: (ti) tr~e failure of any repreaeraat~on or warranty ~ Safely-Klean to be true~ accurate and complete; or (iii) any negl}gen~ act or omissi~ or w~ll~ mecor~ of Safe~.-~eer~ or ~, employee= o~ agents, 11 ) Customer agrees to indemnify, hold harrnlef~ al"~l deferld Safety-t~een, ~ ~t~, ~, emptoye~ and ~n~ ~m a~ aga~ any and all ~amag~, ~ ~ may ~~ i~, ~ome ~po~le f~, or pay a~ as a r~u~ of ~ ~ ~y inju~ to any ~n, d~n ~ ~ ~ ~ ~, m~aml~ti~ of or ad~ ~ ~ the env~onm~, ~ a~ vl~afion ~ ~, to t~ e~ ~t ~ ~~ ~ ~ ~: (i) c~om~s ~h ~ any ~ or ~ov~on ~ ~ Agreem~; (~ ~e f~m d ~ t~~ m ~a~ of C~t~r ~ ~ ~e, a~te and ~m~e; or (iii) any n~i~ent ~ ~ omen ~ w~di ~d~ ~ ~m~ or it~ employs~ ~r age~. 12) In no event ~ali e~her peffy be liable 1'~ any 5~, ir~i'e~, ir~lemai, pu~ve or ¢onsequentmi damages, whelhet ba~ed ir~ COlltract, warram~j, indemnity or tof~, rtegligellce or strict liebilil~, 13} Except as Wo~ided to ~afety-Kaeen, under no legal re~raint or order which w~,uld 14) No detay or failure in performance by either ~ hereto, ex~ep~ f~ ~e ~e~ f~ ~ervic~ pr~ ~h s~ pa~y ~ une~e ~ pre~nt or ~ ~ ~y exem~a of ~~ diogenes, ~lud~. but ~a ~ ~od or ~ ~bl~ ene~, unavo~e C~a~, fir~ or ~r c~p~, s~fik~ or a~y o~r ~ em~ye~, 16) ~afe~-~n has the ri~ to r~e uny h~do~ dr~ ~ ex~ ~'~ l~al DOT ~ing, any ~m e~di~ ~ ~ds, or any ~llet e~~ 2,~ 1~ Ex~ ~ s~ ~ ~mn 6 a~e, t~ te~ a~ ~ien~ ~ein ~d~ a~ re~ any ~Jo~ or t8) A~ ~oj~ ov~ $2,~ require ~ P~e O~r f~ t~ a~ ~ ~ p~or to Safe~-~n ~enholz Account Manager Safety-Kleen Systems. Your signature beiow indicates your acceptance of the prici~. ~errns and conditions ,set forth this proposal, Any changes ir~ the Scope of Wo~ or this proposal must be in writing and signed, l~y Safety-Kleen and Customer, Please fax sign acceptance back to Dan ~ (707) 686-9044. Company Name N~me and Title A~horized ~nature ~ .-., ,.;.. ~.: / MATERIAL SAFETY DATA SHEET: SIMPLE GREEN® also for' SIMPLE GREEN® SCRUBBING PAD I. PRODUCT & COMPANY INFORMATION Version No. 10012 Issue Date: January 2006 PRODUCT NAME: SIMPLE GREEN® ALL-PURPOSE CLEANER Page 1 of 4 SIMPLE GREEN® CONCENTRATED CLEANER / DEGREASER / DEODORIZER SIMPLE GREEN® SCRUBBING PAD COMPANY NAME: SUNSHINE MAKERS, INC. 15922 Pacific Coast Highway Huntington Harbour, CA 92649 USA Telephone: 800-228-0709 · 562-795-6000 Fax: 562-592-3034 Website: www.simplegreen.com For 24-hour emergency, call Chem-Tel, Inc.: 800-255-3924 USE OF PRODUCT: An all purpose cleaner and degreaser used diluted in water for direct, spray, and dip tank procedures. (Scrubbing pad is used with water for manual scrubbing applications.) II. INGREDIENT INFORMATION The only ingredient of Simple Green® with established exposure limits is undiluted 2-butoxyethanol (<6%) (Butyl Cellosolve; CAS No. 111-76-2): the ACGIH TLV-TWA is 20 ppm (97 mg/m3). Based upon chemical analysis, Simple Green® contains no known EPA priority pollutants, heavy metals, or chemicals listed under RCRA, CERCLA, or CWA. Analysis by TCLP (Toxicity Characteristic Leaching Procedure) according to RCRA revealed no toxic organic or inorganic constituents. All components of Simple Green® are listed on the TSCA Chemical Substance Inventory. III. HAZARDS IDENTIFICATION UN Number: Dangerous Goods Class: Not required Nonhazardous Hazard Ratinq (NFPA/HMIS) Health = 1' Reactivity = 0 Fire = 0 Special = 0 NJ TRADE SECRET REGISTRATION NUMBERS 80100235-5000p 80100235-5005p 80100235-5001p 80100235-5006p 80100235-5002p 8010q235-5007p 80100235-5003p 80100235-5008p 80100235-5004p 80100235-5009p Ratinq Scale 0 = minimal 1 = slight 2 - moderate 3 = serious 4 = severe *Mild eye irritant, non-mutagenic and non-carcinogenic. None of the ingredients in Simple Green® are regulated or listed as cancer agents by Federal OSHA, NTP, or IARC. SUNSHINE MAKERS, INC. Simple Green® MSDS No. 10012 Page 2 of 4 IV. FIRST AID MEASURES SYMPTOMS OF OVEREXPOSURE AND FIRST AID TREATMENT Eye contact: Reddening may develop. Immediately rinse the eye with large quantities of cool water; continue 10-15 minutes or until the material has been removed; be sure to remove contact lenses, if present, and to lift upper and lower lids during rinsing. Get medical attention if irritation persists. Skin contact: Minimal effects, if any; rinse skin with water, rinse shoes and launder clothing before reuse. Reversible reddening may occur in some dermal-sensitive users; thoroughly rinse area and get medical attention if reaction persists. Swallowing: Essentially non-toxic. Give several glasses of water to dilute; do not induce vomiting. If stomach upset occurs, consult physician. Inhalation: Non-toxic. Exposures to concentrate-mist may cause mild irritation of nasal passages or throat; remove to fresh air. Get medical attention if irritation persists. V. FIRE FIGHTING MEASURES Simple Green® is stable, not flammable, and will not burn. Flash Point/Auto-Ignition: Flammability Limits: Extinguishing Media: Special Fire Fighting Procedures: Not flammable. Not flammable. Not flammable/nonexplosive. No special procedures required. None required. VI. ACCIDENTAL RELEASE MEASURES Recover usable material by convenient method; residual may be removed by wipe or wet mop. If necessary, unrecoverable material may be washed to drain with large quantities of water. VII. HANDLING, STORAGE & TRANSPORT INFORMATION No special precautions are required. This product is non-hazardous for storage and transport according to the U.S. Department of Transportation Regulations. Simple Green® requires no special labeling or placarding to meet U.S. Department of Transportation requirements. UN Number: Not required Danqerous Goods Class: Non-hazardous VIII. EXPOSURE CONTROLS Exposure Limits: The Simple Green® formulation presents no health hazards to the user when used according to label directions for its intended purposes. Mild skin and eye irritation is possible (please see Eye contact and Skin contact in Section IV.). Ventilation: No special ventilation is required during use. Human Health Effects or Risks from Exposure: Adverse effects on human health are not expected from Simple Green®, based upon twenty years of use without reported adverse health incidence in diverse population groups, including extensive use by inmates of U.S. Federal prisons in cleaning operations. Simple Green® is a mild eye irritant; mucous membranes may become irritated by concentrate-mist. Simple Green® is not likely to irritate the skin in the majority of users. Repeated daily application to the skin without rinsing, or continuous contact of Simple Green® on the skin may lead to temporary, but reversible, irritation. Medical Conditions Aggravated by Exposure: No aggravation of existing medical conditions is expected; dermal sensitive users may react to dermal contact by Simple Green®. SUNSHINE MAKERS, INC. Simple Green® MSDS No. 10012 Page 3 of 4 IX. PERSONAL PROTECTION Precautionary Measures: Eye Protection: Skin Protection: Respiratory Protection: Work and Hygienic Practices: No special requirements under normal use conditions. Caution, including reasonable eye protection, should always be used to avoid eye contact where splashing may occur. No special precautions required; rinse completely from skin after contact. No special precautions required. No special requirements. Wash or rinse hands before touching eyes or contact lenses. X. PHYSICAL AND CHEMICAL PROPERTIES Appearance/odor: Specific Gravity: pH of concentrate: Evaporation: Boiling Point: Freezing Point: Translucent green liquid with characteristic sassafras odor. (Scrubber is green fibrous rectangle.) 1.0257 Vapor Pressure: 17 mm Hg @ 20 °C; 22 mm Hg @ 25 °C 9.5 Vapor Density: 1.3 (air = 1) >1 (butyl acetate = 1) Density: 8.5 lbs./gallon 110 °C (231 °F) -9 °C (16 °F) If product freezes, it will reconstitute without loss of efficacy when brought back to room temperature and agitated. VOC Composite Partial Pressure: 0.006 mm Hg @ 20 °C Volatile Organic Compounds (VOCs): 7.96 g/L per ASTM Method 3960-90. Per EPA Method 24, VOCs are 5.9% and product must be diluted at least 1 part of water to 1 part Simple Green® in order to meet CARB 2005 VOC regulations -or 1 part Simple Green to 3 parts water to meet SCAQMD Rule 1171 & Rule 1122 and BAAQMD Regulation 8-16 VOC requirements for solvent cleaning operations. Water Solubility: Completely soluble in water. The higher salt concentrations in marine ecosystems will lead to complexes with Simple Green® that may become visible at ratios above one part Simple Green® to 99 parts seawater. Ash Content: At 600 °F: 1.86% by weight. Nutrient Content: Nitrogen: <1.0% by weight (fusion and qualitative test for ammonia). Phosphorus: 0.3% by formula. Sulfur: 0.6% by weight (barium chloride precipitation method). Detection: Simple Green® has a characteristic sassafras odor that is not indicative of any hazardous situation. XI. STABILITY AND REACTIVITY INFORMATION Nonreactive. Simple Green® is stable, even under fire conditions, and will not react with water or oxidizers. Hazardous polymerization will not occur. XII. TOXICOLOGICAL INFORMATION Nonhuman Toxicity Acute Mortality Studies: Oral LDs0 (rat): >5.0 g/kg body weight // Dermal LD50 (rabbit): >2.0 g/kg body weight Dermal Irritation: Only mild, but reversible, irritation was found in a standard 72-hr test on rabbits. A value of 0.2 (non-irritating) was found on a scale of 8. Eye Irritation: With or without rinsing with water, the irritation scores in rabbits at 24 hours did not exceed 15 (mild irritant) on a scale of 110. Subchronic dermal effects: No adverse effects, except reversible dermal irritation, were found in rabbits exposed to Simple Green® (up to 2.0 g/kg/day for 13 weeks) applied to the skin of 25 males and 25 females. Only female body weight gain was affected. Detailed microscopic examination of all major tissues showed no adverse changes. Fertility Assessment by Continuous Breeding: The Simple Green® formulation had no adverse effect on fertility and reproduction in CD-1 mice with continuous administration for 18 weeks, and had no adverse effect on the reproductive performance of their offspring. SUNSHINE MAKERS, INC. Simple Green® MSDS No. 10012 Page 4 of 4 Xlll. BIODEGRADABILITY AND ENVIRONMENTAL TOXICITY INFORMATION Biodegradability: Simple Green® is readily decomposed by naturally occurring microorganisms. The biological oxygen demand (BOD), as a percentage of the chemical oxygen demand (COD), after 4, 7, and 11 days was 56%, 60%, and 70%, respectively. Per OECD Closed Bottle Test, Simple Green® meets OECD and EPA recommendations for ready biodegradability. In a standard biodegradation test with soils from three different countries, Butyl Cellosolve reached 50% degradation in 6 to 23 days, depending upon soil type, and exceeded the rate of degradation for glucose which was used as a control for comparison. Environmental Toxicity Information: Simple Green® is considered practically non-toxic per EPA's aquatic toxicity scale. Simple Green® is non-lethal to any of the marine and estuarine test animals listed in the following table at concentrations below 200 mg/L (0.02%). This table shows the Simple Green® concentrations that are likely to be lethal to 50% of the exposed organisms. Marine Fish: Mud minnow (Fundulus heteroclitus) VVhitebait (Galaxias maculatus) Marine/Estuarine Invertebrates: Brine Shrimp (Artemia safina) Grass Shrimp (Palaemonetes pugio) Green-lipped Mussel (Perna canaliculus) Mud Snail (Potamopyrgus estuarinus) L_.~C ~ in mq/L (ppm) 48-hour 96-hour 1690 1574 210 210 610 399 270 220 220 220 410 350 XIV. DISPOSAL CONSIDERATIONS Simple Green® is fully water soluble and biodegradable and will not harm sewage-treatment microorganisms if disposal by sewer or drain is necessary. Dispose of in accordance with all applicable local, state, and federal laws. XV. OTHER INFORMATION Containers: Simple Green® residues.can be completely removed by rinsing with water; the container may be recycled or applied to other uses. Electrical Wiring Compatibility: Polyimide insulated wiring is not affected by exposure to Simple Green®. After immersion in Simple Green® for 14 days at 74°F, the 61 cm piece of polyamide insulated wire passed a one minute dielectric proof test at 2500 volts (ASTM D-149). Contact Point: Sunshine Makers, Inc., Research and Development Division: 562-795-6000. National Stock Numbers: PART# NSN SIZE PART# NSN SIZE 13012 7930-01-342-5315 24 oz. spray (12/cs) 13016 7930-01-342-5317 15 gal. 13005 7930-01-306-8369 1 gal. (6/cs) 13008 7930-01-342-4145 55 gal. 13006 7930-01-342-5316 5 gal. Scrubbing Pad: 10224 7930-01-346-9148 Each (24/cs) *** NOTICE *** All information appearing herein is based upon data obtained by the manufacturer & recognized technical sources. Judgments as to the suitability of information herein for purchaser's purposes are necessarily purchaser's responsibility. Therefore, although reasonable care has been taken in the preparation of this information, Sunshine Makers, Inc. or its distributors extends no warranties, makes no representations and assumes no responsibility as to the suitability of such information for application to purchaser's intended purposes or for consequences of its use. ITEM NO. 6c DATE: January 18, 2006 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING CITY OF UKIAH QUALIFIED CONTRACTORS LIST FOR 2006 As required by the Informal Bidding Procedure of the City of Ukiah, Ukiah City Code § 1541-1542, the City Clerk's office prepared and mailed a written notice to construction trade organizations and contractors in California on November 21,2005, inviting all licensed contractors to submit information regarding their firm to the City for inclusion on the City's list of qualified contractors for the 2006 calendar year. A contractor may be included throughout the year by either submitting a written notice to the City Clerk or by bidding on a City project. All contracting firms are verified through the California State Licensing Board for license validity. All contractors who submitted their company information and construction classification designation by the deadline of December 30, 2005, together with those who bid on projects in 2005, have been included on the current updated list, attached to the Resolution as "Exhibit A". The resolution ensures that staff has a comprehensive list of qualified contractors when soliciting bids for the City of Ukiah. RECOMMENDED ACTION: Adopt Resolution Approving Qualified Contractors List for 2006 Calendar Year. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Contractors notified. N/A Marie Ulvila, City Clerk ~ ~ Candace Horsley, City Manager 1. Notice to construction trade organizations and contractors 2. Resolution Approving Qualified Contractors List for 2006 Calendar Year, with Exhibit A APPROVED: ~~--..,. Candace Horsley, City M~ager ASR: Qualified Contractors List2006 ^TTA~_~ af llkiah NOTICE All Licensed Contractors who wish to be included on the City of Ukiah's list of qualified bidders for the year 2006 should submit an Application for Qualified Contractor's List, and provide required information, as per Public Contractors Code Section 22032. The Application for Qualified Contractor's List, along with City of Ukiah Insurance Requirements for Contractors, is hereby attached. Completed forms should be submitted to: City of Ukiah Attn: Marie Ulvila, City Clerk 300 Seminary Avenue Ukiah, CA 95482-5400 Or Fax to: (707) 463-6204 -DUE BY DECEMBER 30, 2005 at NOON Notice Dated: 11/21/05 Notices:Qualified Contractors NOTICE for 2006 - contractors 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax-# 707/463-6204 Web Address: www. cityofukiah.com RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING QUALIFIED CONTRACTORS LIST FOR 2006 CALENDAR YEAR WHEREAS, under Ukiah City Code (UCC) sections 1541-1542, the City Clerk must request licensed contractors who are qualified to perform public work under contract with the City of Ukiah to submit their names, addresses, phone numbers, type of work in which they are interested, and the contractor's classification and license number; and WHEREAS, the City Council is required to adopt a list of qualified contractors, identified according to categories of work; and WHEREAS, the City Clerk has published the notice as required in UCC Section 1541 and compiled a list of qualified contractors based on information submitted in response to said notice and including all contractors who have submitted valid bids to the City during the preceding calendar year; and WHEREAS, the City Council finds and determines that the list as compiled complies with the requirements of the City Code and Public Contracts Code Section 22032(b) and shall constitute the City of Ukiah Contractors List for use in providing notice under the informal bidding procedure authorized in UCC Section 1543. NOW, THEREFORE, BE IT RESOLVED, that the list attached to this resolution as Exhibit A and incorporated herein by reference is adopted as the Contractors List for the City of Ukiah for the calendar year 2006. PASSED AND ADOPTED this 18h day of January, 2006, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marie Ulvila, City Clerk Mark Ashiku, Mayor 2006- Page 1 of 1 Z ~ ~0 0 O0 ~ ~0~ ~00 0~0 ~~0 0000 ~~0~ ~~00 ~~ ~ ~0 ~ ~ o o ~ ~ ~ ~ ~ ~ o .~~ o o ~o~w~~~~~z~o ~0 ~wz ~ ~>~w ~w ~ o o o ~ o ~ o ~ o ~- i~i =~ > ~ ~ ~ ~ o o ~ 0 ~0~ 0 ~ ~0 ~ 000~ d ~ 0 O~ ~ 0 0 0 W W~c' -- --= o~ ~ ~E~© o o · ~ ~ ~ o m m ~ ~ ~ ~ EXHIBIT A Z r~ I-- Z o o Z (D 0 c01('~l_ o 0 C) ('~1 0 0 '<3" I'.-. 00 00 x- 0 143 I--. ,q'- 00 0 Cxl ('xl 00 I.~ o 0 0 03 03 ,q:: .q:: <::, .q:: ,<: .q:: <I:: .q:: <3:: 'q:: 'q:: <[: <I:: 'q::~ < < < < <~ < 'q:: 'q:: <t: < '<t: < < < < < 0 0 ,_ ~,~,oo_'- ~, ~' ~'a.o ~o o ~.~ ,~ '"'"o.,'o '"o~ g ~_ ~ o,,,§~omm o 0 0 0 0 'q' 0 'q' o- ~_'o u~ · ~ o a3 t'/) It: · 1: -~ > · ,,' -- ~ 'o n ~ '~) ~"-m-- --' mooom~ma3w,q-mmo m,- mm (,q o3 o o nn o,i rn ,q- 143 o ' o0~0 m,q-m mo~m moo o~m~-mO0 0 t,~ o '~ 0 0 ,: -- _ r.- o -- r.- o o 0 0 r- - (13 C) · c '-' ~ .-~' °O IZ "~d 'o c E, mnE oo '- o ~"~ ~ oc d.-- ._o o o =o~ ~'--EO~~ oo~° - o o- c '"" c ~ oo_o.__.§~ Z (.ID O (.9 (.3 (.J, (9 (9 (.D (9 i(..) 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The City Attorney has reviewed the Records Destruction Notices for each archival box and has approved those boxes designated for destruction. Funds have been allocated in the City Clerk's budget for shredding of documents. RECOMMENDED ACTION: Adoption of Resolution Authorizing Destruction of Certain Records ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Marie Ulvila, City Clerk City Manager Horsley, City Attorney Rapport, and Deputy Public Works Director Seanor 1. Resolution with attached Records Destruction list ASR: Records Destruction 2006 Public Works RESOLUTION NO. 2006- ATTACHMENT._.~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING THE DESTRUCTION OF CERTAIN RECORDS WHEREAS, the Public Works Department has reviewed and approved the list of records that are ready for destruction; and WHEREAS, the attached list of City records represents records which are no longer necessary and may at this time be destroyed. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council hereby approves the destruction of certain records, contained in Exhibit A of this Resolution, and authorizes the City Clerk to destroy the records. PASSED AND ADOPTED this 18th day of January, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution 2006- Page 1 of 1 · RECORDS DESTRUCTION NOTICE FOR CITY OF UKIAH late: December 29, 2005 Department: Public Works Records Coordinator: Marie Ulvila, City Clerk Current retention schedules show that the records listed are now ready for destru~ . XHIBIT InstruCtions: 1. Review this listing. 2. Obtain Department Head's Signature. 3. Return this notice, signed, no later than January 6, :2006 to City Clerk. Thank you 'for your cooperation in keeping our records management system working smoothly and legally. Marie Ulvila, City Clerk LOCATION BOX RECORD TITLE DATES RETENTION COMMENTS DATES 251 2996 DPW Capital Improvement 1988-1995 2005 Projects 253 2997 Correspondence, Traffic 1984-2002 2004 Engineering, MCOG, TAC & Misc. 282 2998 DPW Capital Improvement 1979-1985 2004 Projects 300 3002 DPW Capital Improvement 1973-1979 2004 Projects (Misc. Streets) 319 3006 DPW Capital Improvement 1961-1994 2004 Projects (Street widening/AC Surfacing), Perkins Interchange Study 442 3024 DPW Capital Improvement 1988-1995 2005 Projects (Misc. Specifications) 752 2002. Reports, Files 1992-1997 2000 756 2026 Recycling / HHW 1993-1996 2001 757 2228 Landfill Facilities 1988-1998 2000 758 2229 Landfill Facilities 1991-1994 2000 759 2230 Landfill Facilities 1991-1998 2000 760 2231 Landfill- Recycling/Facilities 1983-1996 2000 892 2368 Collections/Landfill 1/00-5/00 2002 898 2374 Collections/Landfill 3/00-5/00 2002 941 2417 Collections/Landfill 6/01-8/01 2003 Sig,natures Authorizing Destruction Department Head Date: //¢//0~ City Clerk Date://~-//~ ~, ~~fl~ Destroyed By Date: !'J2_-~)-/o J Date: · Reports: Destroy-Public Works 2006 AGENDA ITEM NO: 6.e MEETING DATE: January 18, 2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF PURCHASE OF TWO DIGITAL RADIOS FOR PATROL VEHICLES IN THE AMOUNT OF $6,735.73 TO MOTOROLA INC. SUMMARY: Included in the Fiscal Year 2005/2006 Budget is the purchase of two patrol vehicles for the Police Department, (one replacement vehicle and one vehicle as a result of the sales tax initiative). Our existing radios are well past their service life, and are no longer supported by the manufacturer. As a result, two new radios will be needed to equip these vehicles. In November of this year, staff submitted bids to five radio vendors for the purchase of two new radios which comply with the FCC specifications for police digital radio systems. Bids were opened December 1, 2005 with only one vendor responding to our request. Motorola. Incorporated had an overall bid of $6,735.73, including sales tax. Staff awarded the bid for the two police radios to Motorola Incorporated, in the amount of $6,735.73 which is budgeted in accounts 100.2001.800.000 and 698.2001.800.000. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. RECOMMENDED ACTION: 1. No action required, notification of purchase of two police radios from Motorola Incorporated, in the amount of $6,735.73, budgeted in accounts 100.2001.800.000 and 698.2001.800.000. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Chris Dewey, Captain Candace Horsley, City Manager and John Williams, Police Chief N/A ..... e orsley, City~lanager AGENDA ITEM NO: 6.f MEETING DATE: January 18, 2006 SUMMARY REPORT SUBJECT: NOTIFICATION OF PURCHASE OF PORTABLE RADIOS, PORTABLE RADIO BATTERIES, PORTABLE RADIO ACCESSORIES, AND FLASHLIGHTS IN THE AMOUNT OF $7,330.20, TO FISHER WIRELESS SUMMARY: Included in the Fiscal Year 2005/2006 Budget is the purchase of portable radios and flashlights for the newly approved officer positions. In addition to this equipment, the department needed to replace portable radio batteries, portable radio microphones and portable radio earphones which have become unserviceable. These additional unplanned expenses were made using State Asset Forfeiture funding. In November of this year, staff submitted bids to seven vendors for the purchase of new portable radios and equipment, which comply with the current Ukiah Police Department radio equipment. Bids were opened December 1, 2005 with only two bids received. Precision Wireless Service bid $7,345.00 for the equipment and Fisher Wireless bid $7,330.20 for the equipment. Staff awarded the bid for the portable radios and equipment to Fisher Wireless, in the amount of $7,330.20 from accounts 100.2001.800.000 and 200.2001.800.000. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. RECOMMENDED ACTION: 1. No action required. Notification of purchase of the portable radios and equipment from Fisher Wireless in the amount of $7,330.20 from accounts 100.2001.800.000 and 200.2001.800.000. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Council Chris Dewey, Captain Candace Horsley, City Manager and John Williams, Police Chief Approved':. · Candace Horsley, C)~Manager AGENDA SUMMARY ITEM NO. 6.g DATE: January 18, 2006 REPORT SUBJECT: APPROVAL OF AMENDED AIRPORT HANGAR RENTAL AGREEMENT SUMMARY: The Airport Commission asked Airport staff to review hangar waiting list procedures and eligibility requirements due to problems arising with existing policies. Staff reviewed current policies and the hangar policies of other airports and presented an amendment to the Airport Commission. After further review and revision by the Airport Commission, they approved the proposed revisions. The City Attorney then reviewed the policies and has advised that item # 9 of these policies must be implemented by a change in the hangar rental agreement. This item establishes renter responsibility for airworthiness requirements of the plane within the hanger. The policies have been sent to all persons on the hangar waiting list, hangar tenants, and are posted in the lobby of the airport. The City Attorney has drafted the Amended Hangar Agreement (Attachment 2). The Airport Commission feels these written policies will avoid confusion in the future and has asked Staff to send the amended hangar rental agreement to City Council for approval. Staff concurs. RECOMMENDED ACTION: Approve Amended Airport Hangar Rental Agreement. ALTERNATIVE COUNCIL POLICY OPTION: 1. Return to Airport Commission for Further Review and Recommendation. Citizen Advised: Airport Tenants Requested by: Airport Commission Prepared by: Paul Richey, Airport Manager Coordinated with: Candace Horsley, City Manager Attachments: 1 - Hangar List Procedures & Eligibility Requirements 2- Amended Hangar Agreement 3- Airport ComF~sion Minutes Excerpt Candace Horsley, City rv~anager ATTACHMENT'~ ! IL ~ Ukiah Regional Airport Hangar List Procedur?.s.L& Eligibil!ty Requirements 1) Applicant must pay a $100.00 deposit to be on the hangar list. Deposit will be applied to 1 st mo. rent if hangar is rented. Deposit is forfeited if applicant declines hangar, and is removed from the hanger list. 2) If applicant leaves hangar request list before being offered a hangar, deposit will be returned. 3) Applicant must fill out a hangar request card to be on the hangar list. Applicant is responsible to keep information on the request card current. 4) Hangar list eligibility is on a first come first served basis according to the date on the request card, if the card is accompanied by the required deposit. 5) A hangar must be rented to house an aircraft which is owned or leased by the applicant. If applicant is purchasing an aircraft at the time of hangar availability, applicant must obtain the owned or leased aircraft within 120 days. 6) Applicant with a delinquent account of any kind with the City of Ukiah will not Be eligible for a hangar until that delinquency is cured. 7) Applicant will have 10 business days to respond after receipt of notice of hangar Availability, or hangar and deposit will be forfeited, and applicant removed from List. 8) Applicant's aircraft must be based at the Ukiah Regional Airport when lease is signed, and hangar must be occupied by said aircraft to maintain the lease except for absence due to normal usage. 9) Aircraft must be airworthy (lawful to fly) within 12 months after the lease is signed, or 12 months after implementation of these requirements. It is acknowledged that kit/homebuilt aircraft or an aircraft involved in an aircraft accident require many hours to complete/repair and may be in conflict with this requirement. The Airport Manager will be responsible for overseeing a timely completion of these projects. 10) Airport Manager will be responsible for implementation of these policies. Any appeal of these policies will be taken to the Airport Commission for review and recommendation. The above stated eligibility requirements were approved by the City of Ukiah Airport Commission on April 5, 2005, and amended by Airport Commission on August 2, 2005. ATTACHMENT CITY OF UKIAH AMENDED AIRPORT HANGAR RENTAL. AGREEMENT THIS AGREEMENT, made by and between CITY OF UKIAH, a Municipal Corporation, hereinafter called ("City"), and hereinafter called ("Renter") . WITNESSETH: City does hereby rent to Renter on a month-to-month basis that certain building known as "HANGAR NO. "situated at the Ukiah Municipal Airport in the City of Ukiah~ Co'unty of Mendocino, State of California, and the grounds necessary and incidental for the use thereof, and for the purposes herein provided, under the following terms and conditions: 1. Re, ~t. The rental rate for said hangar and incidental premises shall be $ per month payable monthly in advance as hereinafter set forth. . Time. of Pa~mentf Late.Fee~. As stated, rents are payable monthly in advance, beginning on the 1st day of , 19 , and are to be considered delinquent if not paid by the .... ~0th day of each month thereafter. If the rent is not made within such period, or a satisfactory agreement reached between the Renter and the City Manager of the City of Ukiah, then this Agreement shall be considered terminated, and the Renter shall have no further rights hereunder. Rent that has become delinquent shall be subject to a late fee of $25. In addition, Renter shall pay Lessor interest on the unpaid portion of the delinquency until paid in full as provided in the Ukiah City Code, Section 2051, which is attached hereto as Exhibit A and incorporated herein. Renter shall pay any possessory interest or personal property taxes lawfully imposed by a taxing jurisdiction on the leased premises or the property stored therein and shall fully indemnify and defend Lessor for and against any such liability. s:\u\agrmts95\Airport.rnt December 27, 2005 · Use of Premises. These premises are rented to Renter for the"s'oie purpose of storing aircraft with the following identification number or numbers- , a portion of which is/are owned or leased by Renter and based at the Ukiah Municipal Airport. The definition of "based" shall be that the aircraft may not be absent from the hangar for a period of 30 continuous days except for normal aviation activities and functions, repair and/or maintenance of the aircraft, during the purchase or lease of a replacement aircraft under Paragraph 4, below, or upon written request to and approval by the Airport Manager for any other purpose. Renter promises and agrees to keep said storage hangar orderly and clean at all times, free and clear of any and all items that are or may be deemed a fire or other safety hazard by the State Fire Marshal and/or the City of Ukiah (as determined by the Airport Manager). Renter agrees to remove such hazardous items, at Renter's expense, within 48 hours after receiving written notice to do so from any. of the above parties. Renter agrees that should it be necessary for the Airport Staff to enter and remove any unlawful debris from the hangar after failure by Renter to comply with the above written notification, he will pay to the Airport Manager any costs that are incurred in said removal. Renter shall comply with Ukiah Regional Airport Hangar List Procedures & Eligibility Requirements (Airport Rules@), a trueand correct copy of which is attached hereto. The City may amend or add to the Airport Rules as it deems necessary or appropriate. Not later than thirty (30) days after they are adopted, the City shall give the Renter written notice of any such amendment or addition. After the City provides such notice, the Renter shall comply with the amended or new rules. · Right of inspecti0,n,. Renter promises and agrees to permit personnel of the Airport staff to enter, inspect, and remove any and all trash and debris that the City deems necessary· · Rep~acem. gn~ Aircra~t. Should the Renter fail to pay the rent as herein specified, or discontinue the ownership or lease of an aircraft, then this Agreement shall immediately terminate, and City shall have the right to rent the hangar to other parties. Should the Renter desire to retain the hangar space due to the purchase or lease s:\u\agrmts95\Airport.rnt December 27, 2005 2 of a replacement aircraft within a period of not more than 60 days from the date of discontinuance of ownership or lease of an aircraft as stated above, upon notification of and approval by the Airport Manager, payment of the required rents, and compliance with the terms and limitations herein, this lease shall remain in effect. No..Alterations. Renter shall not make any alterations or additions to hangar without approval of Airport Manager and the written consent of the City Manager. · Assignment. This Agreement shall not be assigned, transferred, sublet, or underlet by the Renter except with the prior written approval of the City Manger, and upon such terms and conditions as City may require. If the Renter relinquishes or transfers ownership share or leasehold share of the stored aircraft, the remaining owner(s)/lessee(s) may continue as Renter(s), subject to all the terms and provisions of this Rental Agreement; provided the remaining Renter(s) sign an Airport hangar Rental Agreement within 14 days of such airplane share transfer. If ownership or leasehold of the stored aircraft is transferred completely to an entirely new owner or lessee, with none of the existing owners/lessees remaining on the airplane's title or lease contract, then such new owner(s) or lessee(s) shall have no right to continue as Renter(s) of this hangar, and this Agreement shall be terminated as provided in Paragraph 4. 8. Utilities. City shall not be obligated to furnish to Renter any light, power, telephone, water, or other utilities under the terms of this Agreement, and any plans of the Renter to install utilities of any kind shall be approved by the City Manager. Termingt%on. Renter agrees that if he should fail to keep, comply with, or perform any of the agreements, covenants, or conditions of this Agreement, City shall have the right to terminate this Agreement, and to enter upon said premises, and remove all persons and property, and repossess itself of its former estate· 10. Lion..fo.~..U.n~)aid Ren~t'. The Renter's aircraft and any other personal property stored in the leased premises will be subject to a claim of lien and may even be sold to satisfy the lien if the rent and other charges due remain unpaid for 14 consecutive days· This lien is authorized by the s:\u\agrmts95\Airport.rnt December 27, 2005 3 provisions of Chapter 10 of Division 8 of the California Business and Professions Code (commencing with Section 21700). 11. Imp~ov~n~ 0f..Air~.gr~. The City reserves the right to further develop or improve the premises of Ukiah Municipal Airport as it shall deem necessary, regardless of the desire or views of the Renter and without interference or hindrance of the Renter. .. 12. Ri~h~,,O~ AC, c~s,S. Upon conforming to and abiding by all the agreements, covenants,and conditions of this Agreement, Renter shall have the right to the enjoyment and peaceful possession of the premises hereby rented, and free access thereto for himself and his guests; provided, however, that such access shall not interfere with or jeopardize the use of said Airport. For the purposes of this Agreement, the word "guests" includes Renter's family. 13. .R~.en~ Ch. gnges. The City reserves the right to increase or decrease rental rates as established by the City Council by notification of the renter at least fifteen (15) days prior to the effective date of such increase or decrease of rental rates. 14. ~d~n%f~ca~ion. This Agreement is made upon the express agreement by Renter that City shall not be liable for damages, or claims for damages, arising from bodily injury or death of Renter, or his guests, and that City shall not be liable for the damage to, or destruction of, any of Renter's property while in, on, or in any way connected with the premises rented under this Agreement, whenever such bodily injury, death, damage, or destruction is not caused directly, solely, and exclusively by activities of City, its agents, or employees. Renter further expressly agrees to save and hold harmless the City from all claims, losses, expenses, demands, charges, liens, liabilities, causes of action, or proceedings, of whatever nature, on account of damage to, or loss or destruction of, any property, or arising out of the injury to, or death of any person or persons, which claims, losses, expenses, demands, charges, liens, liability, causes of action, or proceedings in any way arise out of or are the result of activities of either Renter or his guests. Renter agrees to indemnify City for payment of any damages or claims for damages arising from bodily injury or death of guests or Renter, whenever such bodily injury or death is not directly, solely, and exclusively caused by activities s:\u\agrmts95\Airport.rnt December 27, 2005 4 15. 16. of City, its agents, or employees. Insurance. Renter shall provide at his own expense insurance covering bodily injury and property damage to all persons using the leased premises in a minimum amount of One Hundred Thousand ($100,000) dollars each person and Three Hundred Thousand ($300,000) dollars for each occurrence and property damage in a minimum amount of One Hundred Thousand ($100,000) dollars for each occurrence. Renter shall name Lessor as an additional insured and shall furnish to Lessor a Certificate of Insurance showing that said insurance required hereunder has been obtained. Such insurance shall be kept in force throughout the entire term of this lease or any extension thereof. Notice. Renter shall provide in this space the name and address to which he or she wishes all notices permitted or required under this Agreement to be sent and all notices sent pursuant to Chapter 10 Division 8 of the California Business and Professions Code. Renter may also provide in the space provided below the name and address of another person to whom the preliminary lien notice and subsequent notices required to be given under said chapter may be sent. Notices will be sent to both addresses, if provided. Failure of the Renter to provide an alternate address shall not affect the Lessor's remedies under said chapter or under any other provision of law: Renter: [name] [address] Alternate: [name] [address] Lessor' City of Ukiah Finance Department 300 Seminary Ave. Ukiah, CA. 95482 Except as otherwise required by law, notices shall be deemed given when personally delivered or placed in the United States Mail addressed as provided above with proper s:\u\agrmts95\Airport.rnt December 27, 2005 5 first class postage affixed thereto. Notice of an address change may be given at any time as provided herein. 17. Time of Essence. Time is of the essence of this Agreement. 18. Agreement subject to Fecleral B~gulation 0~..A!.rP°~t- This Agreement shall be subordinated to the provisions of any existing and further agreement, rules and regulations between City and the United States of America, or any agency or administrative arm thereof relating to the operation or maintenance of the Ukiah Municipal Airport or the conduct or operation of any flight school, or other governmental operation thereof. 19. Waiver. No waiver by Lessor of any of the provisions of this Lease or failure of Lessor to object to a breach thereof by Renter shall constitute a waiver of any other provisions of this Lease, or of the Lessor's right to enforce a subsequent breach of the same or a different provision of the Lease. No waiver shall be deemed a continuing one or bind the Lessor in any way, unless confirmed in a writing signed by the City Manager. IN WITNESS WHEREOF, the parties hereto executed this Agreement in duplicate this ........ day of , 1995. CITY Candace Horsley, City Manager Dated: RENTER s:\u\agrmts95\Airport.rnt December 27, 2005 6 ATTACHMENT ~ Commission Appointments 6A.i Mr. Richey reported the Ukiah City'Council.wi!l conduct interviews and' make the necessary Airport Commission appointments-to fill the two Commission vacancies at.the.regular-August' 3, 2005 meeting. ~The Council has informally requested th'at 'a retiring' CommissiOner~ retain' his/her seat until the vacahcy/vacancies are filled. The hew.CommisSioners would be seated at the regular September'2005'meeting. ".., ' 6B. ; Discussion of Tie Down Agreement Mr. !Richey referred, to 'the Airport Tie Down Rental Agreement, and recommended the Commission review the doCument for comments and/or potential changes. The Commission made no modificaticjns tc~ the documentlI ~' · 6C. ' Discussion of Hangar Procedures List Mr. I~ichey referred to the Hangar Procedures List, specifically item no. 9. The City ettorney made the following comments regarding this list: ~ With respect to rule no. 9, the hangar does not Contain a provision that ~ says the use of the hangar is subject to any rules/regulations that may be =. adopted or amended after the lease, is entered. The standard airport lease ~ does not addresS the airworthiness of aircraft. Therefore, the City cannot ~ unilaterally add terms/conditions to a lease after it has been entered. ~ Existing lessees must agree to new provisions so it is likely rule no. 9 · cannot be imposed without the lessee's consent. :>~. Since the lease agreements run month-to-month, a notice can be I. formulated for the existing lessees stating that the City desires an ,' amendment to the lease, which Will become effective 30 days after proper i notice is given. Should the lessee 'fail to return the signed amendment '. within the 30 days, the lease shall terminate on the 30t' day. A provision ~, would be added to the addendum stating the lease includes any rules and [ i regulations adopted or amended after the lease is signed. The current ~ rules including rule no. 9 would be attached Thereafter, existing lessees ~ ~ · i, can be required to comply with the new rules, once proper notice has ~ been given of the new requirements. , Mr. I~ichey stated, in his opinion,, the Hangar ProCedures. List rules.are fair and reaso, nable, including rule no. 9 tl~at addresses airworthy aircraft. Rule no. 9 was crafted. , for flexibility because" hangars do contain kit/homebuilt aircraft and/or aircraft that is being rebuilt. He suggested the Commission recommend the lease be a .,mended as the City'Attorney proposed. He will inquire Whether City Council must! review the Commission's recommendation Or whether the matter is acceL~table as is allowing staff to notify the tenants that an amendment has been. made to the lease agreements. : : ! Minutet~ of the Airport Commission Page ~ I August 2, 2005 Commissioner Fowler commented that the rules are formulated so that the Airp~ort Manager is able to' make a reasonable assessment of a particular situation. i- , ON'A MOTION by Commissioner Fowler, seconded by Commissioner Dee~rWester, it' was carried' by an all AYE voice vote of the Commissioners pre~ent to amend the rental lease agreement to reflect the City Attorney's recommendation as referenced above. ~ . t Co~missioner Beard commented that the new Hangar Procedures List rules are basically an interpretation of the hangar lease agreement. Mr. iRichey acknowledged the above-referenced .comment, and stated most of the 'rules are also contained in the lease agreement provisions. 'He cited examPles thereof'. , ~o~m~ss~oner Deen~est~r referred to paragraph 3 of the ^irport Hangar Rental ^gr~ement that states the hangar is rented for the sole purpose of storing aircraft, and inquired whether it is permissible to store other items in the hang~ in a~ldition to the aircraft. Mr. iRiche¥ stated ^irport policy allows ~ lessee to stor~ other items in a hangar pro~ided such items are ~not hazardous/problematic in addition to the aircraft that mu~t be owned or leased by the hangar renter. Commissioner Deerwester further inquired regarding possible language disq, repancies/inconsistencies pertinent to. rules no. 5 and 8. Rule no. 5 States, "If an iapplicant is purchasing ~an aircraft at the time of' hangar availability, the applicant must obtain an airCraft within 120 days;" Rule no. 8 states, "The apl~licant's aircraft must be based at the Ukiah Regional Airport when the lease is signed, and the hangar must be occupied by said aircraft to maintain the lease exc ~pt for absence due to normal usage." She stated an applicant having 120 da~s to obtain an aircraft in conjunction with the rule that the aircraft must be bas Chi aft~ Mr. ov( Air[ Th~: deb 6D.i ~d at the Airport when the leased' is signed does not effectively correlate. mir Whetzel stated the. intent is that the aircraft would be based at the Airport :r purchase. Richey replied that while some of the language appears to overlap, the rail intent is relevant. The language was crafted to be flexible because the ,crt Manager must address the exceptions.. Commission discussed the language and ~rmined no further changes were necessary. FAA Entitlement Grant - Grant Offer intent Of the new rules, and Min~es of the Airport Commission Pag4 4 i 1 August 2, 2005 AGENDA SUMMARY ITEM NO. 6h DATE: January 18, 2005 REPORT SUBJECT: REQUEST APPROVAL OF PROPOSED "WATER UTILITIES ENGINEERING SPECIALIST" JOB DESCRIPTION The following report will discuss'a proposed staffing change within the Water department. Please note that the net affect of the proposed change does not result in an additional position to the City, but in re-allocation of job duties to more efficiently meet the workload demands and technical needs of the water utilities. The City currently has a vacant "Engineering Technician I1" position in the Water/Sewer department. When this position became vacant the former Director of Public Utilities analyzed the duties and responsibilities of the position to determine how to better utilize City resources to meet the increasing needs of the department. It was determined this Enterprise fund position, which would directly report to the Director of Public Utilities, could better serve the water utilities division by expanding its scope of responsibility to include more engineering/technical design work and increase the level of independent field work, in addition to plans checking and inspections. With the added duties and responsibilities, as well as the increase in the scope of independent judgment, the proposed salary range for this Enterprise Fund position is $4,655-$5,659/month, which is approximately 16% higher than the former "Engineering Technician I1" salary range. This increase is off-set by the previous elimination of the Water/Sewer Operations Superintendent position and the vacancy of the Engineering Technician II position since last October. Many of the duties added to this position had formerly been performed by the Water/Sewer Operations Superintendent. The Director of Public Utilities felt it important to formally assign them to a specific position in order to ensure they continued to be performed. If the proposed position is approved, the "Engineering Technician I1" position would be eliminated. Staff requests approval of the enclosed "Water Utilities Engineering Specialist" job description and salary range. RECOMMENDED ACTION: Council to approve the proposed "Water Utilities Engineering Specialist" job description and salary range. ALTERNATIVE COUNCIL RECOMMENDATIONS: Do not approve the proposed job description; Refer to Staff for additional information. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Director of Public Utilities and City Manager Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Draft "Water Utilities Engineering Specialist" Job Description 2. Engineering Technician II Job Description (vacant position) 3. Public Utilities Organization Chart APPROVED~. (~'.~~' --,,,,. Candace Horsley, Cit~ 3:PERV~,SRWater&EngPos ~ Manager Attachment I JOB DESCRIPTION WATER UTILITIES ENGINEERING SPECIALIST DEFINITION Under general supervision, perform a variety of technical and administrative accounting, agreements and permits for the water distribution and performance of operations and maintenance related to field engineer' distribution and sewer collection systems, including but not limited to pl~ writing. This position will at times be required to perform work or production facility. projects, contracts, connection assist other staff in the intermediate design relating to calculations and specification projects related to a specified EXAMPLES OF DUTIES (These examples are intended only as illustrations of The examples of work performed are neither restricted to nc title.) (E) Essential Duty; (M) Major Portion of Time work performed in of the duties to I: to this class. under this job Perform engineering technician work Perform paraprofessional, technical mapping, drafting, construction ins Handles development activities, answers qu~ activities at the Public Utilities counter. (E) Perform g and plots to given scale fr quantity estimates Conduct plan to' Provide construction and Serves as (E,M) Rec~ ;nds reit supervisors, plant ope ~ns, wastewate Perform studies for p Assist in the ination of en( and with outside cies. (E,M) Prepare estimates re inspections of munici and shown on the ap specifications and draft final the design and cc of water and sewage facilities. (E,M) and office wof one or more of the following areas: surveying, or other I. (E-M) inform, concerning engineering complex utilizing var of cross-sections and profiles and Auto-Cad and calculators for area and des and ,r both private and (E,M) .lic development projects. (E,M) to facilitate approval of development projects. City's accel within the public right-of-way as appropriate. (E) ed in water sewer field construction and maintenance, water treatment (E,M) that the collection and compilation of data. ing and field service programs with other City departments and divisions for new or modified water/sewer services and structure, and make field repair work to ensure proper execution of critical structural phases as designed otherwise required by applicable codes and ordinances; prepare contract the direction of an appropriately registered engineer; prepare change orders, recommend payments, and ure that all phases of construction meet contract specifications. (E,M) - Work with developers and private engineering firms to coordinate the water and sewer service for new subdivisions and buildings. (E,M) - Perform research and interpretation of a variety of maps and other data from public and private agencies for input to Geographic Information System (GIS). (E) - Assist in the preparation of special technical studies and reports. - Review plans and subdivision maps for compliance with code requirements. (E-M) - Perform related duties as assigned. QUALIFICATIONS Knowledge of: -Fundamentals of civil engineering. -Methods of preparing designs, plans, specifications, estimates, and reports relating to Public Utility facilities and projects. -Engineering principles and practices as applied to water and sewer field and plant operations, including operation and maintenance. -State, Federal, and local laws, codes and regulations related to Water and -Technical issues involved in the conduct of public utility programs. -Knowledge of municipal utility GIS data sets and asset management GIS and database software, data capture and maintenance techni~ -Nomenclature, symbols, methods, practices, techniques and in~, -Surveying equipment, principles, problems, techniques and practi, -Mathematics, including algebra, geometry and trigonometry. -Construction equipment, materials and methods. -Methods and equipment used in the testing of constructio~ -Safe work practices. e of computer hardware, skills. ineering and mapping. Ability to: -Understand and interpret engineering con )n plans, documents, maps, and technical ans. -Review plans and documents for -Gather data and make accurate engineering -Prepare plans and specifications neatly and accuf -Conduct basic engineering prepare re -Communicate clearly and and in writi -Establish cooperative ar .ctive work relationshi -Write and com -Comprehend State, Federal local rule= ulations -Prepare and maintain accurate ,rts. -Understand ;gal pro -I and -Establis maintain coo -Train assign -Work in extre~ conditk tolerat pollen, wind, rain. -Lift up to 20 on nd required. -Utilize various en~ ~nd word procedures. directions. with those documents, complex technical and legal those con Iions. the course of work. and maps. ~tacted in the course of work. s in outside temperatures from winter to summer, and tolerate dust, ~lround; climb and perform work at levels of up to 15 feet in height, as g related computer software, along with some G.I.S. equipment and Education and Experience Any combination of education and experience equivalent to two years college with major course work in Civil Engineering and two years of progressively responsible professional work experience in the field of Civil Engineering; emphasis on Water and Wastewater preferred. Knowledge of water plant operations, including distribution and collection systems. Understanding of City and Ukiah Valley Sanitation District ordinances, permits, and payments desirable. Necessary Special Requirement - Possession of a valid Class C California driver's license. PROBATIONARY PERIOD Employees serve a six-month probationary period. If performance is not satisfactory, an employee may be terminated or returned to their previous position without cause and recourse during this time. APPLICATIONS Applications must be filled out completely and received by the Personnel Department by 5:00 p.m. on the final filing date. Resumes are encouraged, but cannot be accepted in lieu of an official application unless specified. All statements made on applications are subject to investigation and verification. False statements will be cause for disqualification, removal from the Eligibility List, or discharge from employment. SELECTION Applications will be reviewed by a screening committee and those a will be selected for the examination process. This process may knowledge, skills, and abilities to perform the duties and respon,, ranking candidates by their overall score and a selection will b may be subject to a City-paid physical examination. to be among the best qualified techniques designed to test applicants' n Eligibility List will be established by e cam on this list. Employment offers SALARY $4,655 - $5,659 per month, plus medical, dental, leave. The City of Ukiah is a member of the Public Empl~ Security. The employee's PERS contribution is included in th approximately 9% towards the cost of thc 7% @ 55 retirem~ compensation programs are available. coverage, and paid and sick ent System, and doe,, to Social and paid by the Employees pay Credit Union membership and deferred FILING DATE Submit a completed City of Ukiah application on dications recei~ ~nel Office, Iline or in, Avenue, no later than 5:00 p.m. applications will not be considered. NOTE TO APPLICANT: States at the time of will be red to subr Employm~ ication be sub ~itizenship or legal right to work in the United :ion of this requirement. The ' ' do may be :1 or revo Ukiah is an of race, national origin, ~on, sexual In accordance Ihe Americans Disal: testing process, notify the P, lnel D~ prior to the testing. contract. Any provision contained in the bulletin )ortunity Employer and does not discriminate on the basis 'ientation, age, disabilityor marital status. (ADA), if special accommodations are necessary at any stage of the ent in advance at (707) 463-6244 so your request may be reviewed 3: R ECRUIT/WaterUtilEngSpec JOB DESCRIPTION ENGINEERING TECHNICIAN II JOURNEY LEVEL ,Attachment 2 DEFINITION Under administrative supervision, to perform a variety of technical and sub-professional office and field engineering work; to assist other staff in the performance of office and field engineering work; to assist in survey parties; and to do related work as required. EXAMPLES OF DUTIES (These examples are intended only as illustrations of the various types of work performed in positions allocated to this class. The examples of work performed are neither restricted to nor all encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time - Function at the journey level to perform difficult and technical assignments in one or more functional areas. (E-M) - Perform duties as outlined in the Engineering Technician I description. (E) - Perform paraprofessional and sub-professional technical and detailed field and office work in one or more of the following areas: surveying, drafting, traffic engineering, construction inspection, materials testing or other functional areas. (E-M) - Act as survey party chief, survey note taker, and as operator with rods, chains and instruments on survey party. Prepare accurate survey notes. Chain and otherwise measure horizontal and vertical distances, hold targets for level or transit, relocate survey markers, set up and adjust all types of survey equipment, drive hubs and stakes, and cut brush. (E) Check accuracies on measurements, maps, drawings and arithmetic computations. (E-M) Index and file survey notes, maps, plans and other documents. Perform drafting and tracing including complex engineering computations, reduction of cross-sections and profiles and plots to given scale from survey notes, utilizing various drafting equipment and calculators for area and quantity estimates. (E-M) Plan the preparation of construction drawings, maps, and other engineering materials. (E-M) Perform complex paraprofessional engineering studies for projects that involve the collection and compilation of data. Train subordinate personnel on routine drafting assignments. Inspect materials and workmanship on public works projects to ensure conformance with established plans and specifications, and complete construction daily diary. (E-M) Prepare contract specifications and draft final plans. (E-M) - Prepare property descriptions and exhibits. - Sample and test soils, aggregates and cement using various test equipment to measure quantity and quality of materials. - Review plans and subdivision plans for compliance with code requirements. (E-M) - Answer questions and provide information to the public concerning engineering activities. (E) - Assist in the supervision of and direct other engineering personnel to ensure that job assignments are completed. - Perform related duties as assigned. QUALIFICATIONS Knowledge of: -Fundamentals of civil engineering. -Nomenclature, symbols, methods, practices, techniques and instruments used in engineering and mapping. -Surveying equipment, principles, problems, techniques and practices. -Mathematics, including algebra, geometry and trigonometry. -Construction equipment, materials and methods. -Methods and equipment used in the testing of construction materials. Ability to: -Review plans and documents for conformance to regulations. -Gather data and make accurate engineering computations. -Prepare plans and specifications neatly and accurately. -Prepare and maintain accurate records and reports. -Understand, interpret and prepare legal property descriptions, engineering records and maps. -Perform all surveying tasks, including carrying instruments and other equipment and materials up to 35 pounds. -Understand and carry out oral and written directions. -Establish and maintain cooperative relationships with those contacted in the course of work. -Train assigned staff. -Work in extreme weather conditions. -Utilize various engineering and word processing related computer software. Experience Minimum of 4 years experience as an Engineering Technician I or equivalent. An increased level of experience, expertise, and responsibility is required over the Engineering Technician I position which demonstrates a journey level of proficiency. Eduction Equivalent to completion of the twelfth grade, including or supplemented by courses in drafting, algebra, geometry and trigonometry. Necessary Special Requirement PosSession of a valid Class C California driver's license. 3:RECRUIT/ENGTECH.II 1/95 Public Utilities Director Bernard M. Ziemianek (4124) 40-612.3505 50-800.3733 10-820.3901 Electrical Distribution Engineer Elizabeth Kirkley (8226) 100-800.3733 Water-Utilities-Project Engineer Ann Burck (6198) 50-612.3505 50-520.3901 WatedSewer Engineer Tech. ~,u,~,~ 50-612.3580 50-820.3901 Wastewater Treat. Plant Sup. Jerry Gall (6221) 100-612.3580 Electric Supervisor Stan Bartolomei (3080) 100.800.3733 Attachment 3 I 1/2 Administrative Assistant Lauren McPhaul (9398) 25-612.3505 25-800.3733 I Summer Intern PUD Org Chart Rev: August 22, 2005 Lead Operator Vacant (????) 100-612.3580 Vacant, Sr. Operator (???) 100-612.3580 Vacant, Sr. Operator (????) 100-612.3580 Andrew Luke, Operator (3415) 100-612.3580 Phil Francis, Operator (1974) 100-612.3580 Matt Froneberger, Operator (9460) 100-612.3580 Gary Smith, OperatodMechanic (9172) 100-612.3580 Vacant, Operator-in-Training (????) Electrical Engineering Tech. II Paul Ammendolia (6987) 100-800.3733 Meter Service Attendant Steve Beaman (7517) 100-800.3650 Purchasing Assistant Judy Jenney (2389) 5-612.3505 90-800.3733 5-820.3901 Electrical Sub Foreman Colin Murphey (2391) 5-800.3642 8O-8OOO.5536 15-800.5836 Gerald Hopper, Line Person (0276) 5-800.3642, 95-800.3646 Phil Hyre, Line Person (3864) 50-800.3728, 50-800.3729 Dan Quarles, Line Person (2154) 50-800.3728, 50-800.3729 Tim Santos, Line Person (9839) 100-800.3728 Vacant, Line Person (????) 50-800.3728, 50-800.3729 Rodney Huffman, Apprentice (9983) 50-800.3728, 50-800.3729 Jimmy Lozano, Groundman (2394) 50-800.3728, 50-800.3729 Ben Keffeler, Groundman (2808) 50-800.3728, 50-800.3729 Water Treatment Plant Sup. Alan Jamison (5153) 100-820.3908 Paul ,Smith, Sr. Operator/Mechanic (8020) 100-820.3908 Carvet Wiles, Operator (2057) 10.612.3580, 90-820.3908 Paul Zellman, Operator (3124) 10-812.3510, 90-820.3908 Vacant, Operator-in-Training (????) Summer Intern WatedSewer Maintenance Sup. Gary Dogali (2494) 25-612.3510 75-820.3948 Lead Worker Dan Hunt (2203) 25-612.3510 75-820.3948 Jeff Basili, Service Attendant (8701) 25-612.3510, 75-820.3948 Chris Hall, Attendant II (6984) 50-612.3510, 50-820.3948 Lyle Valador, Attendant II (8767) 50-612.3510, 50-820.3948 Kenneth Judd, Attendant I (1106) 50-612.3510, 50-820.3948 Danny Jones, Attendant I (1709) 50-612.3510, 50-820.3948 Don Brown, Attendant I (1457) 50-612.3510, 50-820.3948 Clay VanHousen, Attendant I (6855) 50-612.3510, 50-820.3948 AGENDA SUMMARY ITEM NO. 6.i DATE: January 18, 2006 REPORT SUBJECT: AWARD OF SOLE SOURCE BID TO L.N. CURTIS AND SONS FIRE EQUIPMENT IN THE AMOUNT OF $12,038.81 FOR THE PURCHASE OF HURST EXTRACATION SYSTEM (JAWS OF LIFE) SUMMARY: Council recently approved the purchase of a used 2001 American La France Fire Engine which has now been delivered to the department. As certain necessary equipment did not come with the engine, staff is requesting the purchase of a Hurst Extraction system that will be placed in service on the new engine. This life saving system commonly referred to as the "Jaws Of Life" has been a basic component of our equipment compliment since 1970 and has been utilized to extricate victims of traffic accidents for over thirty years. The purchase and placement of this equipment enables us to respond to multiple calls while maintaining the department's objective to have the right tools and resources on the scene of an incident when we first arrive. The brand of rescue system being requested (Hurst) will allow us to maintain interoperability with our other systems with the ability to exchange parts and train staff on one operating system. L.N. Curtis and Sons is the exclusive distributor for this product in our area and they have submitted a bid in the amount of $12,038.81 which includes tax and shipping. Staff is recommending that L.N. Curtis and Sons Fire Equipment be awarded the bid. RECOMMENDED ACTION: Award bid to L.N. Curtis and Sons Fire Equipment in the amount of $12,038.81 from account 699.2101.800.002. 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: N/A Candace Horsley, City lanager AGENDA SUMMARY ITEM NO. 6.i DATE: January 18, 2006 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING PROHIBITION ON PARKING VEHICLES SIX FEET OR MORE IN HEIGHT AT 615 TALMAGE ROAD PURSUANT TO UKIAH CITY CODE SECTION 7154.5 On March 19, 2003 the City Council adopted Ordinance Number 1044 adding Section 7154.5 to the Ukiah City Code. This ordinance prohibits the parking of vehicles that are six feet or more in height at certain locations designated by resolution. Mr. Ernie Wipf of Wipf Construction requested a restriction on the parking of large trucks in the vicinity of 615 Talmage Road. Mr. Wipf, and others, have had difficulty turning from Hastings Road onto Talmage road due to restricted sight distance caused by large semi truck trailers parked along the frontage of D and G Automotive at 615 Talmage Road. According to Mr. Wipf, the trailers have been temporarily "stored" along 615 Talmage Road by a truck driver that lives in the Talmage area. There are other places in the vicinity for the truck driver to park. Please refer to Attachment 2 for a location map. Staff spoke to Marie Brady, Acting Traffic Operations Chief at Caltrans District 1 regarding the proposed restriction on parking. Ms. Brady stated that the City is authorized to regulate parking. Ms. Brady added that Caltrans would issue an encroachment permit to the City for the placement of the appropriate signage. The Traffic Engineering Committee (TEC) reviewed this request at its regular meeting of January 10, 2006. The TEC concurred that restricting the height of vehicles parked along the frontage will allow better visibility for those turning from Hastings Road onto Talmage Road. Therefore, the TEC recommended restricting the parking of vehicles six feet or more in height at 615 Talmage Road. Mr. Ernie Wipf and Mr. Don Wiles, D and G Automotive attended the TEC meeting to discuss this issue. Both Mr. Wipf and Mr. Wiles concur with the proposed restriction on parking of vehicles six feet or more in height. RECOMMENDED ACTION: Adopt resolution establishing prohibition on parking vehicles six feet or more in height at 615 Talmage Road pursuant to Ukiah City Code Section 7154.5. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Don Wiles, D and G Automotive Ernie Wipf, Wipf Construction Requested by: Diana Steele, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works Coordinated with: Candace Horsley, City Manager Attachments: 1. Resolution for Adoption 2. Location~ap Canda~ce H(~rsiey, City ~anaoer RJS: AG~I 5TalmageRd~ff-Par~ng-R~l~on.SUM RESOLUTION NO. 2006- Attachment ~ _~ II ILl I ii RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING PROHIBITION ON PARKING VEHICLES SlX FEET OR MORE IN HEIGHT AT 615 TALMAGE ROAD PURSUANT TO UKIAH CITY CODE SECTION 7154.5 WHEREAS, 1. Ukiah City Code Section 7154.5 prohibits the parking of vehicles six feet or more in height at locations and times as specified by resolution of the Ukiah City Council; and 2. Vehicle Code Section 22507 authorizes such prohibitions by ordinance or resolution, but requires signs or markings giving adequate notice of the prohibition or restriction before the resolution or ordinance shall apply; and 3. The City Council has determined to apply such restriction as further provided herein; NOW, THEREFORE, BE IT RESOLVED that: 1. Location where prohibition applies. The prohibition specified in Ukiah City Code Section 7154.5 shall apply at the following locations: Street Street Segment 615 Talmage Road South side of street along frontage of 615 Talmage Road 2. Days and times when restriction applies. The prohibition on parking vehicles 6 feet or more in height contained in Ukiah City Code Section 7154.5 shall apply at the above locations on the following days and times: Days Times Sunday- Saturday (7 days/week), including legal holidays 24 hours/day, no exceptions 3. The above prohibition/limitations shall apply at the locations, days and times specified immediately after the City Engineer installs signs giving adequate notice of the prohibition or restriction. Resolution No. 2006- Page 1 of 2 PASSED AND ADOPTED on ,2006, by the following roll call vote: AYES: NOES: ABSENT: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2006- Page 2 of 2 N Attachment Location Map- 615 Talmage Road 1 inch equals 100 feet Photo Date: March 2001 AGENDA SUMMARY ITEM NO. 8.a DATE: January 18, 2006 REPORT SUBJECT: Presentation and Discussion of Proposed Countywide Business Improvement District for the Lodging Industry and Possible Adoption of Associated Resolution of Consent (continued from December 21, 2005) SUMMARY: On December 21, 2005, Mr. Stuart Marcus, representing the Mendocino County Lodging Association (MCLA), made a presentation to the City Council on the possible implementation of a Countywide Business Improvement District (BID). Mr. Marcus requested the Council adopt a resolution authorizing the creation of a Mendocino County Lodging and Business Improvement District within the boundaries of the City of Ukiah. Adoption of this resolution will provide the Mendocino County Board of Supervisors with the authority (pursuant to Streets and Highways Code Section 36521.5) to form a Business Improvement District within the Ukiah city limits, if a District is formed by the County. After discussion, the City Council directed the issue be continued to the January 18, 2006 Council meeting to allow the City Manager the opportunity to inform all Hotel/Inn owners within the city limits of the proposal and the upcoming discussion. On December 27, 2005, the City Manager sent a letter to the local Hotel/Inn owners soliciting their comments and/or participation in this discussion (Attachment 2). Staff recommends the City C°uncil, upon hearing input of interested parties, determine whether they support the adoption of the Associated Resolution of Consent (Attachment 1 ). A copy of the December 21,2005 agenda summary report is attached (Attachment 3). 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: City Council Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager David Rapport, City Attorney Attachments: 1 - Proposed Resolution of Consent 2 - Letter to City Hotel/Inn Owners requesting comment to proposal. 3 - Copy of December 18, 2005 Agenda Summary and supporting do.cuments. APPROVED' ~' ~'~~""L~ '~,. Ca~'~ace Horsley, City l~anager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, AUTHORIZING THE CREATION OF THE MENDOCINO 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 § 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 2006, 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 ATTAOHM~NT'__ ~,~ af llkiah December 27, 2005 Hotel/Inn Name Address Ukiah, CA 95482 RE: City Council Discussion of Proposed Countywide Business Improvement District for the Lodging Industry Dear (Owner/Manager), On December 21, 2005, Mr. Stuart Marcus, representing the Mendocino County Lodging Association, discussed with the City Council the proposed establishment of a countywide Business Improvement District (BID) for the lodging industry. The Lodging Association asked the City Council to pass a resolution which will allow lodging establishments the opportunity to participate in the decision on whether or not a BID will be formed within the City limits. The Mendocino County Board of Supervisors has been discussing the concept of the establishment of a BID since 2002. On December 6, 2005 the Board of Supervisors approved 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. Prior to making any decisions in this regard, we would like to invite you to participate in further discussions of this proposal by attending the next City Council meeting scheduled on January 18, 2005. Written comments are welcome as well and can be e-mailed (sueg@cityofukiah.com) or mailed to Sue Goodrick, City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482 prior to the January 18th meeting. We value your input and anticipate hearing your thoughts on this proposal. I've attached a copy of the December 21, 2005 City Council Agenda Summary Report and supporting documentation. Further information can be found on the following Mendocino County Lodging Association website link: http://mcla.info/MCLA-Lodqing-BID.html. Sincerely, Candace Horsley City Manager 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax'# 707/463-6204 Web Address: www. cityofukiah.com AT'TACHM~~ 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: http://www, mcla.info/MCLA-Lodging-BID.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 Lodgi.ng Association Prepared by: Sue Goodrick, Risk Manager/Budget Officer,,,,,,' 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: yManager RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, AUTHORIZING THE CREATION OF THE MENDOCINO 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 § 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 MENDOCINO COUNTY BOARD OF SUPERVISORS BOARO AGENDA # AGENDA SUMMARY 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, 20.0_5 AGENDA DATE: December 6, 20Q5 PHONIC: 463-4441 Present ~ On Call PHONE: 463-4441 Present ~ On Call ~'] Consent [~] Regular Agenda [~ Est. Time for Item:____ Urgent ['-1 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 "MCI,A"), 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 *If yes, has this been through the Personnel Process? Yes [~] No No FISCAL IMPACT: Source of Fundingt Current F/Y Cost I Annual Recurring Cost I Budgeted in Current F/Y N/iA N/A N/A i Yes"~] No ~- / RECOMMENDED ACTION/MOTION: The Board of Su.pervisors hereby adopts a resolution requesting the consent of the Cifi. es of Fort Bragg, Point Arena, Ukiah, and Willits to create the Mendocino County Lodging Business Improvement District and direct the Clerk of the Board to immediately tra.nsmit a cer,t, ified copy of the Resolution to the City Clerk of the Ci{ies:°f. .Fort Bragg, Point Arena, Uk]ah, and .W. fllits, anckto Mendocino Coun~ Lodging Association. .. ' :.... · CEO RECOMME~ATi0N.' Agr;;~i-~;g~ee [~ ..... ~;"5~i~i;n. [~ staff Report Attach;d'[v~ AR]J/ACTION Date of Action BO 1) ~ Approved 3) El Denied 2) Gl Refen'ed to 4) ~ Other C~net 1 ~ C'nr~nlo*o .qo*.~ (original slne, le sldedl - It~ms must be cleated ttutoue, h Aoorooriate Det~a~tmen~ and/or County CotmselRev.02100 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 BRAG'G, 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 Willits (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. Section 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, Coifax, and Delbar KRISTi FURMAN Clerk of the Board MICHAE~DJ~LBAR, Chairman KRISTI FURMAN Fax £rom · 7074634245 County of Mendocino Business Improvement District Actions 12-14-05 14'O2 PS: 4 TIMING 1, 7/00/02 2. 09/18/02 3. 10/24/02 4. 11/05/02 5. 11100/02 6. 12/00/02 7. 12/18/02 8. 01128-29/03 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 Kesources. Board of Supervisors assign Supervisor Campbell and Supervisor Shoemaker as an ad hoc conunittee 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, Gualata, 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.ag4.Ad Hoc Committee directs staff to prepare a favorable" recommendation to BOS to proceed with BID pi'ocd~s. Board of Supervisors workshop on BID process. : 7074634245 County of Mcndocino Business Improvement District Actions 12-14-05 14:02 P9: 5 i3. 05~22~03 14. 09/16/04 15. Fall 2004 16. Fall 2004" 17. 12/27/04 18. 04112105 19. 07/26/05 20. 12/02/05 2 I. Various 22. 02/06/06 23. 2~O0~06 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 Supeswisor Campbell and Supervisor Delbar deliberate the use of $300,000 for economic development and eventually recommend that $7,000 be invested in the proposed Mendocino 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 irt 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 Wfllits 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 ~ 7074634~45 County of Mendo¢ino Business Improvement District Actions 14-05 14: 07_ Pg: 6 24.. 02~00/06 25. 03/01/06 26. 03/01/06 27. 03/04/06 28. 03114/06 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/Assess¢cs. 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 o£ Supervisors appoints Advisory Committee, Assessment commences. I!!1111111///111111111///////!1111t!111111111111111 AGENDA SUMMARY ITEM NO. 8.b DATE: January 18, 2006 REPORT SUBJECT: DISCUSSION AND POSSIBLE SELECTION OF CITY COUNCIL MEMBERS TO CONSIDER FORMULA BUSINESS REGULATION AND FORM BASED ZONING MATTERS, DESPITE OWNING PROPERTY WITHIN 500 FEET OF AFFECTED AREAS SUMMARY: The Fair Political Practices Commission ("FPPC") has issued a written opinion responding to conflict of interest questions submitted by Councilmember John McCowen. His questions arise out of his ownership of several parcels of property in or within 500 feet of the downtown business improvement district, Perkins Street or Gobbi Street. These are the areas that could be affected by a moratorium on "formula businesses," which the City Council has discussed and by "form-based zoning" which the City Council plans to consider. The FPPC determined that Councilmember McCowen will have a disqualifying conflict of interest in participating in making decisions about these matters, because he owns real property within 500 feet of the downtown business improvement district and the gateway streets. Reportedly, three other City Councilmembers, for a total of four Councilmembers, including the Mayor, also have ownership interests in real property within 500 feet of the downtown business improvement district and the gateway streets. Councilmember McCowen and other City Council members who own interests in real property in or within 500 feet of these areas, may participate in making decisions about these matters, if their participation is legally required. Title 2 of the California Code of -Regulations ("CCR"), §18700, entitled the "Basic Rule; Guide to Conflict of Interest Regulations," states in subsection l(a). Continued on Page 2 RECOMMENDED ACTION: Discuss and possibly select council members who may participate in making decisions even though they own property within 500 feet of the affected areas. ALTERNAT]:VE COUNCTL POLTCY OPT:IONS: Decide not select council members or delay decision Citizen Advised: Requested by: Prepared by: Coordinated with: N/a City Council David .1. Rapport, City Attorney Candace Horsley, City IVlanager Attachments: Regulation,2_~R §18708 APPROVED: ~~~~-~ -Candac(~ Horsley, ~ty Manager Page 2 of 3 No public official at any level of state or local government may make, participate in making or in any way use or attempt to use his/her official position to influence a governmental decision in which he/she knows or has reason to know he/she has a disqualifying conflict of interest. A public official has a conflict of interest if the decision will have a reasonably foreseeable material financial effect on one or more of his/her economic interests, unless that effect is indistinguishable from the effect on the public generally. A conflict of interest is disqualifying if the public official's participation is not legally required. (Emphasis added.) 2 CCR §18708~ specifically addresses when a City Council member who has a conflict of interest may participate in a decision because his or her participation is legally required. The regulation contains the following requirements: 1. Each Councilmember with a financial interest in the decision must disclose the nature of that interest on the record at a public meeting and that disclosure must be recorded in the minutes of that meeting. ]:f the interest involves real property, the location of the property must be disclosed and the circumstance that the property is within 500 feet of the area affected by a decision must also be described. 2. The City Councilmember or another public official, such as the City Attorney, must disclose the legal basis for concluding that there is no alternative source of decision. 3. ]:f the actual decision will be made at a different meeting than the one in which the disclosure is made, a public official must prepare a written disclosure of the matters in I and 2, above, which must be placed in a public file of the City within 30 days after the meeting. Participation is legally required only if the participation of council members with a disqualifying financial interest is required to create a quorum to act on the matter. The participation must be required to create a quorum at any time. ]:t is not sufficient that a quorum could not be achieved without such participation at one meeting, but a quorum without such participation could be achieved at a future meeting. Only the minimum number of council members required for that quorum can participate. ]:f a supermajority is needed to make a decision, only the minimum number required for that supermajority shall be considered necessary for a quorum on that matter. The participants must be selected by a random method. Once they are selected, they may participate in all meetings necessary to make the decision. ]:n the case of the interim moratorium on formula businesses, a supermajority of four is needed. In the case a permanent ordinance regulating formula copy of the entire regulation is attached. Page 3 of 3 businesses, only three council members are required to make a decision. Tn the case of form-based zoning, the participation of three Councilmembers is required. As such, understanding that four council members own real property within 500 feet of the downtown business district and/or the gateway streets of Perkins and Gobbi, three Councilmembers with disqualifying financial interests may be selected to participate in deciding whether to adopt an interim moratorium on formula businesses in the downtown business district and the gateway streets. Two Councilmembers may be selected to participate in the other decisions affecting these areas (form-based zoning and the permanent regulation of formula businesses). Any random method may be used to select the participants from among the Councilmembers who own real property within 500 feet of these areas. The City Manager will have numbered tags available at the meeting for Councilmembers to randomly draw from if this is an acceptable method to the Council. 2 CCR 18708 (a) A public official is not legally required to make or to participate in the making of a governmental decision within the meaning of Government Code section 87101 unless there exists no alternative source of decision consistent with the purposes and terms of the statute authorizing the decision. (b) Whenever a public official who has a financial interest in a decision is legally required to make or to participate in making such a decision, he or she shall state the existence of the potential conflict as follows: (1) The public official shall disclose the existence of the conflict and describe with particularity the nature of the economic interest. "Particularity" as used in this regulation shall be satisfied if the official discloses: (A) whether the conflict involves an investment, business position, interest in real properb/, or the receipt of income, loans or gifts; (B) if the interest is an investment, the name of the business entity in which each investment is held; if the interest is a business position, a general description of the business activity in which the business entity is engaged; if the interest is real property, the address or another indication of the location of the property, unless the property is the official's principal or personal residence, in which case the official shall disclose this fact. For income, loans or gifts, the official shall disclose the person or entity that is the source. (2) The public official or another officer or employee of the agency shall give a summary description of the circumstances under which he or she believes the conflict may arise. (3) Either the public official or another officer or employee of the agency shall disclose the legal basis for concluding that there is no alternative source of decision. (4) The disclosures required by this regulation shall be made in the following manner: (A) If the governmental decision is made during an open session of a public meeting, the disclosures shall be made orally before the decision is made, by either the public official or by another officer or employee of the agency. The information contained in the disclosures shall be made part of the official public record either as a part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared by the public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after meeting; or (B) If the governmental decision is made during a closed session of a public meeting, the disclosures shall be made orally during the open session either before the body goes into closed session or immediately after the closed session. The information contained in the disclosures shall be made part of the official public record either as part of the minutes of the meeting or as a writing filed with the agency. The writing shall be prepared by the public official and/or any officer or employee and shall be placed in a public file of the agency within 30 days after the meeting; or (C) If the government decision is made or participated in other than during the open or closed session of a public meeting, the disclosures shall be made in writing and made part of the official public record, either by the public official and/or by another officer or employee of the agency. The writing shall be filed with the public official's appointing authority or supervisor and shall be placed in a public file within 30 days after the public official makes or participates in the decision. Where the public official has no appointing authority or supervisor, the disclosure(s) shall be made in writing and filed with the agency official who maintains the records of the agency's statements of economic interests, or other designated office for the maintenance of such disclosures, within 30 days of the making of or participating in the decision. (c) This regulation shall I~e construed narrowly, and shall: (1) Not be construed to permit an official, who is otherwise disqualified under Government Code section 87100, to vote to break a tie. (2) Not be construed to allow a member of any public agency, who is otherwise disqualified under Government Code section 87100, to vote if a quorum can be convened of other members of the agency who are not disqualified under Government Code section 87100, whether or not such other members are actually present at the time of the disqualification. (3)' Require participation by the smallest number of officials with a conflict that are "legally required" in order for the decision to be made. A random means of selection may be used to select only the number of officials needed. When an official is selected, he or she is selected for the duration of the proceedings in all related matters until his or her participation is no longer legally required, or the need for invoking the exception no longer exists. (d) For purposes of this section, a "quorum" shall constitute the minimum number of members required to conduct business and when the vote of a supermajority is required to adopt an item, the "quorum" shall be that minimum number of members needed for that adoption. ITEM NO. 8c DATE: .lanuary 18, 2006 AGENDA SUHHARY REPORT SUB3ECT: DISCUSSION AND RECOMMENDATION TO MENDOCINO COUNTY REGARDING OPTIONS FOR PROCEEDING WITH THE UKIAH VALLEY AREA PLAN SUMMARY: At the direction of the City Council, Staff has been meeting with County Staff to improve communication and develop a team approach to addressing planning issues in the Ukiah Valley. County Staff recently provided Staff with a Discussion Draft Board of Supervisors Agenda Summary Report concerning options for proceeding with the Ukiah Valley Area Plan (UVAP). The Board will be discussing the matter at its .January 24, 2006 meeting. A number of draft options were developed by the County Staff for consideration by the Board. Tn addition, the Ukiah Valley Smart Growth Coalition has submitted draft recommendations for the Board's consideration. This Agenda Ttem is intended to provide an opportunity for the Council to discuss the draft options that have been developed by the County Staff and Smart Growth Coalition, and develop a recommendation to the Board. A copy of the Discussion Draft Board of Supervisors Agenda Summary Report and Ukiah Valley Smart Growth Coalition draft recommendations are attached for the Council's review. (continued on page 2) RECOMMENDATION: Review and discuss options for the Ukiah Valley Area Plan and prepare a recommendation to the Board of Supervisors. ALTERNATIVE COUNCIL POLICY OPTION: Provide alternative direction to Staff. Citizens Advised: County Staff and Smart Growth Coalition Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Discussion Draft Board of Supervisors Agenda Summary Report 2. Ukiah Valley Smart Growth Coalition draft recommendations 3. City Comment letters on the UVAP ETR and UVAP APPROVED: ca-n"~ace Horsley, City M~l~ger .lanuary 9, 2006 Meeting with County Staff: Staff met with County Staff on .lanuary 9th to discuss the draft options they had developed. After much discussion, County Staff concluded that Opt/on D may be the preferred option. This option calls for a new comprehensive community planning process, including a reassessment of UVAP polities and the development of detailed policy direction for growth areas. They also concluded that some form of Opt/on ~i2 may be necessary. This option includes selecting key policies from the UVAP for adoption during the implementation of Opt/on D. This would provide important policy direction to manage growth while the "new" UVAP was being prepared. Smart Growth Coalition Recommendations: The draft recommendations proposed by the Ukiah Valley Smart Growth Coalition include developing resource "carrying capacity" information, using the draft UVAP as a starting point, revisiting the "community visioning" process, completing the City/County discussions on valley growth, revenue sharing, and joint planning, and not processing any zoning changes or General Plan Amendments until the UVAP is completed. City Comments on the UVAP ETR and UVAP: Last October, the City submitted technical and legal adequacy comments pertaining to the UVAP ETR to the Board of Supervisors, as well as comments concerning the current relevance of the UVAP document itself (letters attached). Tn short, the City took the position that much of the information in the ETR was out-dated, that because of the passage of time and recent growth pressures, a new direction should be established for the Plan. The Council recommended that a Growth Management - Smart Growth/Sustainable Development approach be developed. The County's Opt/on D seems to best reflect the recommendations of the Smart Growth Coalition and City. However, it does not include a Growth Management tool to manage growth as the UVAP is reworked. Option A2, when combined with Option Dmay or may not provide an adequate tool for managing growth during this interim period. The Smart Growth Coalition's recommended growth management tool is to not allow Rezonings and General Plan Amendments until the "new" UVAP is adopted. RECOMMENDA11:ON: Review and discuss options for the Ukiah Valley Area Plan and prepare a recommendation to the Board of Supervisors. DISCUSSION DRAFT 1-6-2006 MENDOCINO COUNTY BOARD OF SUPERVISORS AGENDA SUMMARY- PLANNING MATTERS Attachment BOARD AGENDA # Agenda Summaries must be submitted no later than noon Wednesday, 13 days prior to the meeting date TO: FROM: Board of Supervisors Planning and Building Services DEPARTMENT RESOURCE: Raymond Hall PHONE: Consent [-] Regular Agenda F'd[ Est. Time for Item: DATE: [anuary 11, 2006 AGENDA DATE: Ianuary 24, 2006 463-4281 PRESENT: [~ ON CALL: 60 minutes Urgent ['1 Routine · SUMMARY: Discussion regarding the draft Ukiah Valley Area Plan on January 24, 2006 focuses on (1) comments by the Board of Supervisors on the content and adequacy of the Draft Environmental Impact Report (DEIR) and (2) discussion and possible direction pertaining to the draft Ukiah Valley Area Plan and/or planning options for the Ukiah Valley, per Board direction at the November 15, 2005 public hearing. Public comments on the DEIR were provided to the Board in early January, including a copy of the October 25, 2005 Board Agenda Summary addressing the EIR process, significant impacts and major conclusions of the EIR. In response to significant concerns raised by the public about the DEIR and the draft UVAP itself, the attached Memorandum lists a variety of options for discussion and possible direction pertaining to the draft Ukiah Valley Area Plan or other planning processes for the Ukiah Valley. · PREVIOUS ACTION: The Board of Supervisors held public hearings on the draft EIR on October 25, 2005 and November 15, 2005, extending the public comment period on the DEIR to November 23, 2005 and . directing staff to schedule a date in January 2006 for Board comment on the DEIR and discussion and direction pertaining to the Ukiah Valley Area Plan. Background: In March 1992, the County began to work with the City of Ukiah on a valleywide plan, which was adopted by the City as its General Plan in 1995. In 2000 the Board directed planning staff to make revisions to the UVAP. The Board commenced its reviewed of the UVAP in April 2002 and tentatively adopted the UVAP on June 20, 2003, directing Planning staff to prepare an environmental impact report. On September 15, 2005, the Planning Commission held a public hearing on the DEIR to receive and make comment · STAFF RECOMMENDATION: Adopt the Recommended Action. i · RECOMMENDED ~ION:: ~ ~ [ (1)That ~e B~ardc~mments on ~e c0~tent Md aaeq~acy of ~e Dr~ En~o~talilmpact RepOrt (DEIR) [ fOr the Dr~t ~i~ valley AreayI~:,~lu e~cei~a ~ficienci~ ~ ~alua~g impacts, · ALTERNATIVE ACTION~OTION: None. BOARD ACTION 1) ~ Approved 2) r] Referred to Date of Action 3) ~ Denied 4) ~1 Other PAGE BOS-2 INSERT BOARD MINUTES 10/25/2005 and 11/15/2005 4 pages PAGE BOS-3 MENDOCINO COUNTY MEMORANDUM TO: Board of Supervisors DATE: January 11, 2006 FROM: Planning and Building Services SUBJECT: Ukiah Valley Area Plan Process The Board of Supervisors tentatively adopted the Ukiah Valley Area Plan in 2003 and directed staff to prepare an environmental impact report. The planning process began in the early 1990s, originating as a City General Plan process with County collaboration on unincorporated lands, with city adoption of the "Ukiah Valley General Plan and Growth Management Program in 1995. County staff and policy boards further reviSed the draft plan between 2000 and 2003 to reflect a County perspective and update policy direction addressing emerging issues. Toward the end of the UVAP process, the County became engaged in a process to update the General Plan. The Ukiah Valley Area Plan would provide community-specific policies for the Ukiah Valley, within the General Plan framework. GENERAL PLAN UPDATE - CONCEPTUAL STRUCTURE Comprehensive planning strategy countywide policies coastal zone only community level policies Development Elements Resource Elements Housing Element Coastal Element Mendocino, Gualala Covelo, Willits area, Potter Valley, Redwood Valley, Ukiah Valley, Hopland, Anderson Valley, Ft. Bragg area Specific Plans: Brooktrails IMPLEMENTATION Zoning, subdivision and other development codes/regulations Studies, programs, actions, etc. PAGE BOS-4 In June 2003, the Board of Supervisors voted~ to continue with the UVAP process and prepare an EIR, rather than integrating the process into the General Plan Update. During the past year, the Ukiah Valley has been subject to increased development pressure. Some comments on the DEIR state that the UVAP is out of date while others question growth rates and lack of mandated comprehensive planning for large tracts of lands subject to future development, rather than the policies themselves. The City of Ukiah expressed concern with the current relevance of the UVAP, growth projections, and urban sprawl and its effects. The overall vision and strategy for the valley's future was devised in the early 1990s when growth pressures were minimal, water supplies appeared adequate, housing prices were much more affordable, electrical and oil energy supplies and prices were more stable, and smart growth and livable communities policies and tools were not as well developed or promoted. In this sense the UVAP is a 1990s plan. However, revisions to the UVAP made by Planning staff, the Planning Commission and Board of Supervisors between 20000 and 2003 to (1) give the Plan a greater County emphasis and (2) update data and add policies.2 Policies in the UVAP extensively reviewed by the PC and BOS represent relatively current (2002-2003) thinking compared to those in the existing General Plan (1981). Further, some UVAP policies have been incorporated into the General Plan Update 'Framework' document to be reviewed by the PC and BOS in the next few months, while others are specific to the Ukiah Valley. Numerous policies in the UVAP incorporate many of the attached smart growth, sustainability and livable communities principles, keeping in mind that the UVAP is an area plan that should focus on issues pertinent to the Ukiah Valley consistent with the General Plan. Lastly, the DEIR is based on an analysis of conditions as they currently exist and poses additional mitigations in response to these and future conditions. (Staff emphasizes a future additional planning process, such as options C, D or E in the table below, may still result in significant unmitigated environmental impacts.) So, while the UVAP reflects sustainability and smart growth principles, 're-mastering' the document taking into account the factors above would potentially result in policies and strategies that are more cohesive and better directed toward engaging these issues, within the context of the core planning strategy for the County provided by the General Plan Update. These issues call into question whether the County should proceed with the UVAP or undertake an alternative process. Controversy over growth rates, which areas are appropriate for development, and lack of both detailed and comprehensive planning for large tracts of undeveloped land raise several questions: Can changes to the land use maps, restricted growth rates and/or requirement for future master plans before development occurs address these issues? Should the master plans be prepared now, and how detailed should they be? Is there community agreement on which areas should be developed? The table below provides a range of planning options, including termination of the UVAP process (option A) or ~ The Board voted 3-1 (motion by Supervisor Campbell, seconded by Supervisor Colfax, and carried 3/1 with Supervisor Delbar dissenting and Shoemaker absent) to remand the UVAP to Planning staff for preparation of an environmental document. Supervisor Delbar requested consideration regarding incorporating an economic analysis into the proposed motion and further expressed concern regarding the utilization of the funds for the EIR. 2 Prior to revision by County Planning staff, the County Planning Commission and Board of Supervisors, the Ukiah Valley Area Plan was the same document adopted by the City of Ukiah in 1995 as the Ukiah General Plan. PAGE BOS-5 modification of the UVAP process (option B), in conjunction with other planning processes (options C, D and E). Key points follow: 1. There is a need for policy to address issues specific to the urbanizing Ukiah Valley. Accordingly, from a practical standpoint, terminating the UVAP process (option A) will result in the need to define another planning process for the Ukiah Valley. 2. Ukiah Valley policies must be consistent with policy in the General Plan Update. If the UVAP process is conducted independent of the General Plan Update, any policy inconsistencies will need to be amended when the General Plan Update is adopted or soon after adoption. Option C would result in the greatest consistency; however, since the policy boards will be considering the General Plan Update Framework Goals and Policies in the next few months, a planning process devised per options D and E could result in consistent documents. 3. A structured, hands-on Ukiah Valley community process could be useful in capturing community opinion and potentially bringing about agreement on emerging issues, growth rates and the appropriateness of various areas for development, and providing direction to developers. This could range from a comprehensive reassessment about policy and assumptions for the Ukiah Valley to master plans for areas already designated for development in the UVAP, to a combination approach (see options C, D and E). 4. The desired timing and cost of the adoption of more detailed policy for the Ukiah Valley bears on the planning process. This may include integrating key policies into the existing General Plan and carrying them forth into the General Plan Update, and/or conducting a community process to reassess planning assumptions either independent or as part of the General Plan Update. Continuing with the UVAP planning process (options B1 through B4) will consume about 10 months and $60,000. Some options could be pursued simultaneously, such as option A2 in conjunction with options C, D or E. While costs to implement options C, D or E are estimated to be at least $200,000, the outcome utilizing a comprehensive reassessment may be more satisfactory. Funding will need to be identified for options B through E; potential funding sources include the General Fund or General Plan Maintenance Fee. In addition, the Board should explore the potential benefits in adopting a moratorium on General Plan applications for large-scale development during the remainder of the UVAP process or alternative comprehensive planning process for the Ukiah Valley. Recommendation: For discussion on 1/6/2006 PAGE BOS-9 Attachment A SMART GROWTH, SUSTAINABILITY AND LIVABLE COMMUNITIES POLICIES The following smart growth and livable communities principles are only a sample of the scores of policies and tools integrating such principles into planning at levels. 10 Smart Growth Principles3 1. Mix land uses 2. Take advantage of compact building design 3. Create a range of housing opportunities and choices 4. Create walkable neighborhoods 5. Foster distinctive, attractive communities with a strong sense of place 6. Preserve open space, farmland, natural beauty, and critical environmental areas 7. Strengthen and direct development towards existing communities 8. Provide a variety of transportation choices 9. Make development decisions predictable, fair, and cost effective 10. Encourage community and stakeholder collaboration in development decisions Ahwahnee Principles for Resource-Efficient Communities4 Community Principles 1. All planning should be in the form of complete and integrated communities containing housing, shops, work places, schools, parks and civic facilities essential to the daily life of the residents. 2. Community size should be designed so that housing, jobs, daily needs and other activities are within easy walking distance of each other. 3. As many activities as possible should be located within easy walking distance of transit stops. 4. A community should contain a diversity of housing types to enable citizens from a wide range of economic levels and age groups to live within its boundaries. 5. Businesses within the community should provide a range of job types for the community's residents. 6. The location and character of the community should be consistent with a larger transit network. 7. The community should have a center focus that combines commercial, civic, cultural and recreational uses. 8. The community should contain an ample supply of specialized open space in the form of squares, greens and parks whose frequent use is encouraged through placement and design. 9. Public spaces should be designed to encourage the attention and presence of people at all hours of the day and night. 10. Each community or cluster of communities should have a well-defined edge, such as agricultural greenbelts or wildlife corridors, permanently protected from development. 11. Streets, pedestrian paths and bike paths should contribute to a system of fully-connected and interesting routes to all destinations. Their design should encourage pedestrian and bicycle use by being small and spatially defined by buildings, trees and lighting; and by discouraging high speed traffic. 12. Wherever possible, the natural terrain, drainage and vegetation of the community should be preserved with superior examples contained within parks or greenbelts. 13. The community design should help conserve resources and minimize waste. 14. Communities should provide for the efficient use of water through the use of natural drainage, drought tolerant landscaping and recycling. 3 http ://www. smartgrowth.org/ 4 Livable sustainable communities, http://www.lgc.org/ahwahnee/principles.html PAGE BOS-10 15. The street orientation, the placement of buildings and the use of shading should contribute to the energy efficiency of the community. Regional Principles 1. The regional land-use planning structure should be integrated within a larger transportation network built around transit rather than freeways. 2. Regions should be bounded by and provide a continuous system of greenbelt/wildlife corridors to be determined by natural conditions. 3. Regional institutions and services (government, stadiums, museums, etc.) should be located in the urban core. 4. Materials and methods of construction should be specific to the region, exhibiting a continuity of history and culture and compatibility with the climate to encourage the development of local character and community identity. 10 Attachment The community has provided extensive input on the limitations of the structure, scope, and adequacy of the existing UVAP EIR. The Ukiah Valley Smart Growth Coalition is prepared to participate in a public process to address these limitations. We will provide input on how to restructure this document and work towards producing an updated UVAP EIR that clearly reflects the situation in the Ukiah Valley in 2006 and going forward. Recommendations to the Ukiah Valley Smart Growth Coalition Steering Committee Determine the Carrying Capacity of the Ukiah Valley. --Complete the Water Studies (MSRs) --Complete the Sanitation Expansion Feasibility Studies --Complete the Comprehensive Transportation Studies 2. Use the policies of the UVAP as the starting place for the planning process 3. Place the zoning changes recommended in the UVAP on hold . Revisit the "community visioning" process and community input as an essential component for making our land use decisions. --Commit the necessary resources to compile the studies and complete this planning process on a short time line and monitor progress. 5. Do not process any general plan amendments until the UVAP process is Complete or Use Permits converting uses of areas or properties or more than 20, 000 square feet ---group discussion required on the proposal that "affordable housing" projects are permitted to go forward during this period 6. Comple:te City and County discussions on valley growth, revenue sharing agreements and joint planning The UVAP & its EIR are put on Hold until the above is accomplished. Detail on Proposals Regarding the UVAP & UVAP EIR 1. Determine the Carrying Capacity of the Ukiah Valley. This means A. Do the necessary water studies to determine the available water with a possible endorsement of the LAFCO / County Municipal Service Review process water workshops as a means of gathering this information). This means: 1) Getting Guidance decisions from the State Water Resources Board 2) Determining who has rights to the water that is available. 3) A fiscal analysis of the cost of providing this water; who pays for improvements; where that money will come from 4) A feasibility study to determine if these improvements are possible and on what time table B. Determine present and future capacities of the Ukiah and Calpella sanitation districts 1) Including resolving the issues of discharging waste into the Russian River. 2) A fiscal analysis of the cost of achieving this capacity; who pays for improvements; where that money will come from 3) A feasibility study to determine if these improvements are possible and on what time table C. Completing a circulation plan. This means 1) Using the current AB 1600 study to provide estimate of the cost of the necessary improvements. 2) Making projections based the carrying capacity and growth projections within that carrying capacity 3) Determine funding source for existing community's share of cost. 2. Use the polices of the UVAP as the starting place for the planning process. Ensure those policies can be implemented by changing the appropriate "Should do" with the words "Shall do" 3. Place the zoning changes recommended in the UVAP on hold until the .. A. Number of developable Residential units in the entire Valley are identified B. Number of I acreage of Residential. Ag and industrial lands available for future development are identified C. Historical growth rates are used as a cornerstone to determine housing needs, D. Carrying Capacity of Valley is determined by resource studies & community want, E. Smart growth options (including land-banking) taken into account; F. Community has prioritized the types of housing we need. G. Commit the necessary funding to this planning process -- We need to discuss this issue H. Keep the planning process and the required studies on a short time line and monitor progress. Along with completing these studies, the BOS should 4. Support revisitinq the community "visioning" process and the various existing forums and processes as an essential component for making our land use decisions 5. Not Process any General Plan Amendments until following are complete A. Community planning process; and 1~. UVAP revised; and ¢. A UVAP EIP, which incorporates 3 (a), 3(b), 3(c), & 3 (d) above are complete; 6. Work out revenue sharing and planning issues with the City of Ukiah October 21, 2005 Attachment Honorable Board of Supervisors Mendocino County 501 Low Gap Road Ukiah, CA 95482 RE: Ukiah City Council Comments Concerning the Ukiah Valley Area Plan and Ukiah Valley Area Plan Draft Program Environmental Impact Report Honorable Chairman Delbar and Members of the Board' The Ukiah City Council welcomes this opportunity to comment on the Ukiah Valley Area Plan' (UVAP) Draft Program Environmental Impact Report (El:R). In response to public comment and our own review and discussion, it was the unanimous direction of the City Council to direct staff to prepare comments to the technical and legal sufficiency of the UVAP EIR, which are being submitted separately. However, interwoven with public and Council comment about the UVAP EIR were concerns about the UVAP itself. The Council unanimously decided to prepare the following general comments which question the current relevance of the UVAP as well as the adequacy of the ETR. Current Relevance of the UVAP A principle concern was that the UVAP, developed in early and mid 1_990's might be stale dated. Tt seems incongruent that a planning document intended to guide future growth and development for the next twenty years, should already be nearly ten to fifteen years old. Many things have changed since the beginning of the planning process, particularly in the past three years. Assumptions about water availability, sewer capacity, circulation infrastructure, growth projections and others may no longer be valid, in light of current information about these critical areas, we doubt that a citizen driven process would result in the same policies and land use patterns today. A significant change has been in the evolution of planning principles, which now emphasize "smart growth" and "healthy lifestyles" which are given little if any consideration by the UVAP. Growth Projections In describing the "methodology" used to develop the growth projections in the draft EIR, Appendix B cites flaws with every referenced projection, but uses them as the underlying basis for the projection presented here. Appendix B states "While the projections could overstate the amount of growth that will occur in the plan area, these projections will be used to ensure that the ETR assesses a 'worst case' scenario." Dh,-,,-,,~U 7n-T/,~nq_n')nn ~o,~ 7n7/z~q_~gn~ %^/,:,h Arlrir~¢¢' ~ nitunftikiah ~nm However, on page 33 it states, "It is entirely possible that future residential growth will be considerably greater than projected and assessed in this EIR." In fact, during discussion of the EIR for the Orr Creek bridge and Orchard Avenue extension project, Hr. Charles stated that the growth projections could be reached in three or four years. The statement on page 33 and Mr. Charles' personal comment invalidate the statement that "the E[R assesses a 'worst case' scenario." In fact, the E]~R fails to disclose or analyze the total buildout allowed by the UVAP. On pages 43 and 346 the E1~R declares that buildout over the next twenty years would be the same under the existing General Plan or UVAP. The E]~R fails to provide any discussion or analysis to support this conclusion. Timely AdOption of Mitigation Measures On page 34 it states, "The E]:R concludes that, in most cases, the cumulative effects of this buildout can be reduced to a less than significant level assuming that the County implements the stated policies and implementation measures included in the draft UVAP in a timely manner." Significant growth pressures now increasing in the Ukiah valley, coupled with the prevailing staffing and funding shortfalls, raise the likelihood that key policies and implementation measures will not be adopted in a timely manner. Given the conversion of 145 industrial parcels, 250 acres of prime agricultural land and 283 acres of rangeland, it is probable that buildout under UVAP, fueled by growth pressures, will far outstrip that of the existing General Plan. The E[R fails to identify a single policy or implementation measure that would limit near term buildout under UVAP. Water Availability The E1~R fails to identify feasible sources of water to serve the development proposed by the UVAP. The summary on page 38 not only makes it clear that there is no identified feasible source of future water, but also that existing sources are not secure. This fact is confirmed on page 266 where it states that in dry years "diversions could be reduced by 30% to 40%" under the currently proposed Eel River reductions. l~ndeed, on page 266 it states, "]:t is these 'dry year flow reductions' that are of concern because they undercut the reliability of the water supply. Municipal water purveyors, and many agricultural operations, will need to replace the Eel River source in dry years in order to maintain the current level of operations. Whether or not they can find a replacement supply of that magnitude remains to be seen." The draft E1~R fails to acknowledge the efforts of an advocacy group that seeks to end the diversion entirely. This group is waging a sophisticated lobbying campaign targeted at regulators, legislators, downstream users and urban population centers. Sewer Capacity The current upgrade and expansion of the Wastewater Treatment Plant will only provide a fraction of the sewer connections needed to serve the growth allowed by the UVAP. The mitigation proposed by the E1~R is to expand the existing plant or build a new one. The E]~R fails to provide any fiscal or practical analysis of the feasibility of either of these approaches. Tndeed, the record suggests that neither is feasible. The City and the Ukiah Valley Sanitation District have just awarded a bid for the upgrade and' expansion of the sewer treatment plan at a cost of 57 million dollars (12 million above the engineer's estimate) that will result in a quadrupling of the monthly service charge for residential users. There is no discussion of precisely where or if a new "satellite" sewer treatment plant in the northern part of the valley could be feasibly located, the public opposition it would surely encounter, the impacts that could result, and what, if any mitigation measures are available to eliminate or adequately reduce the impacts. Traffic and circulation Construction of needed improvements, if they take place at all, are unlikely to keep pace with development. We are also concerned that development allowed by UVAP will have significant impacts to circulation within the City that are not mitigated. We are concerned that the UVAP is an unmitigated road map for sprawl and congestion. We suggest that the City and County work closely together to fairly assess impacts and cost of mitigations, similar to the way in which this was done regarding the Brush Street Triangle. Page 162 of the draft E]~R lists"conceptual road extensions and other improvements that the County may seek in the future" but fails to analyze the fiscal or practical feasibility of these improvements .l~n fact, many of these improvements, discussed for years, are becoming less feasible with each passing year as buildout, right of way encumbrances and costs escalate. Fiscal Analysis Given the large scale mitigations proposed for water, sewer, circulation and other significant impacts, absent a comprehensive fiscal analysis that determines the costs and how and by whom they will be paid, it is impossible to conclude that the recommended mitigations are feasible. To the extent that the EIR proposes infeasible mitigations, the mitigation is invalid and the impact remains unmitigated. Prior to approval of the UVAP, we recommend that a fiscal analysis of all major proposed impacts be conducted. Loss of Farmland and Prime Agricultural Soils The loss of 250 acres of agricultural land and 280 acres of rangeland is a significant adverse impact that cannot be mitigated. The loss of these lands decrease the inventory of agricultural land, negatively impact adjacent agricultural land, are growth inducing and promote urban sprawl. Loss of [ndustrial Land Base The loss of 145 parcels of industrial zoned land, while not identified as a significant adverse impact under CEQA, nevertheless represents a significant loss to the current and future economic viability of our community. We urge the retention of these lands as a necessary component of meaningful economic development that will provide living wage jobs. The future viability of local resource 'based industries, including forest products, is dependent on retaining a sufficient base of industrial zoned land. FloodPlain Development As concluded in the draft EIR, allowing substantial development in the floodplain is an impact that cannot be mitigated. The proposed mitigation is to import fill to raise any structures above the flood level. The impact to downstream property owners is "mitigated" by an implementation measure (SF-2.3.4: page99) that calls "where feasible" for minimizing floodplain fill. The only feasible way to prevent floodplain fill and encroachments and increased downstream flooding is to avoid facilitating floodplain development. The EIR fails to analyze the cumulative impact of floodplain development, but simply declares that the impact is not significant. Each individual future project will be found to have a less than significant impact. This lack of cumulative impact discussion is unacceptable and renders this portion of the document inadequate. Urban Sprawl The UVAP encourages leap frog development and urban sprawl by re-zoning resource lands in relatively outlying areas. The competition for limited water and sewer hookups will also result in uneven patterns of development. Smart growth principles and growth management are needed to insure that development proceeds in a sustainable and orderly fashion. Growth Inducing Impacts The UVAP will have significant growth inducing impacts that cannot be mitigated. These growth inducing impacts will create additional pressure on farm land, open space, circulation, air quality and water and sewer availability. Smart growth principles are needed to limit growth inducing and other negative impacts. Environmentally Superior Alternative The E[R identifies Growth Management as the environmentally superior alternative, but also states that the Sustainable Development/Smart Growth alternative would actually allow more growth and development than the UVAP but with fewer negative impacts. Clearly, either of these alternatives is feasible and superior to the UVAP. Finally, the EIR suggests that a hybrid alternative, combining Growth Management and Sustainable Development/Smart Growth is another possibility. We encourage the development of this alternative which holds the best promise of providing for sustainable and orderly growth and development to provide housing and jobs while minimizing adverse environmental impacts. Implicit in smart growth principles is that land already suitably zoned for development that is contiguous to urban uses and services should be developed prior to re-zoning agricultural lands. Thank you for your considera~ki~n of these comments. Mark Ashiku Mayor October 21,2005 Honorable Board of Supervisors Mendocino County 501 Low Gap Road Ukiah, CA 95482 RE' Ukiah Staff Comments Concerning the Ukiah Valley Area Plan Draft Program Environmental Impact Report Honorable Chairman Delbar and Members of the Board: The City of Ukiah thanks Mendocino County for transmitting the Ukiah Valley Area Plan Draft Program Environmental Impact Report (EIR) for our review and comment. The Ukiah Valley Area Plan is an extremely important planning document that will establish the framework for growth, development, and conservation of the Ukiah Valley. Obviously, the strategy for managing this growth and development is of great interest to the City because of the potential impacts it could have on the City itself. The City accepts and acknowledges the notion that growth and development within the City could similarly have impacts on the unincorporated valley. To this end, the City supports and encourages the implementation measures (mitigation measures) that call for increased teamwork between the City and County to successfully manage growth to benefit the quality of life throughout the Valley. The City believes that. this is particularly important given the current and expected growth pressures as noted in the EIR. Simply put, the City and the County must forge a strong working relationship to develop a sound and balanced strategy for growth management.. Based on the implementation measures contained in the City's General Plan Housing Element, the City is currently revising many of its regulatory tools to inject sustainable development and smart growth principals. We strongly encourage the County to explore these planning paradigms as suggested in the DEIR so that a more consistent approach to managing growth and development in the Valley can be achieved. The City has a number of comments on the draft UVAP EIR. 1. MITIGATION MEASURES IN GENERAL The City believes that to genuinely and legally mitigate impacts, the policY level mitigation measures calling for the adoption of new ordinances and regulations must be completed rapidly to be meaningful and truly mitigate impacts. This is particularly true given the current growth pressures in the Valley. Based on the City's experience with implementing its 1995 General Plan, it recognizes and acknowledges that these types of work products can take considerable time to complete because of staff shortages and a lack of funding. Public testimony provided during the City Council discussions on the UVAP EIR revealed a lack of confidence in the County's financial wherewithal and past track record in regards to adopting important Ordinances and regulations to manage growth and mitigate its impacts. The County should be forthright in its evaluation of the feasibility of these types of mitigation measures in terms of available funding and staff 1 300 SEMINARY AVENUE UKIAH, CA 95482-5400 resources. If the County cannot conclude that a required new ordinance or regulation will be prepared and adopted in a rapid timeframe it should be deemed infeasible and discarded, and a new ap'proach to mitigation should be pursued - or the impact should be labeled unavoidable. This exercise is particularly important given the current and expected growth pressures in the Ukiah Valley. The City also believes that.the mitigation measures suggesting that the County consider adopting new regulations to mitigate impacts must be changed to require the adoption of the new regulations. The EIR acknowledges this in many instances. For example, it alters UVAP implementation measures (mitigation measures) CT-6.1.3, CT-6.1.4, and CT-6.3.5 to strike the terms "consider," "should," and "may", and add the terms "Adopt," "shall," and "shall." However, it other cases, the term "should" is retained in the mitigation measure/implementation measure. For example, the recommended mitigation measure for Impact 3.7-D (Noise) states "The County should adopt a Noise Ordinance ....... "The "should" must be changed to "shall" to effectively mitigate the impact. To rely on such mitigations, the City also maintains that the mitigation must specify when the ordinance shall be adopted or provide generally that the ordinance must be adopted before the County may approve development which would contribute to the impact the ordinance is proposed to mitigate. 2. Page 7 -C. PROJECT GROWTH IN THE PLAN AREA The first sentence should be modified to read: "Table 1_ describes the projected 2025 population for the plan area, the City of Ukiah, and the County as a ~ whole. 3. Page 8 -Table 1' POPULATION PROJECTIONS Table 1 indicates that the population projected for the City of Ukiah in 2025 is 17,990. Appendix B references the City General Plan as the source of this figure. The 2004 City of Ukiah Housing Element indicates that the total number of probable units to be developed before buildout is reached is 733. Using the standard 2.51 people per unit formula reveals the buildout (current City limits) to be 17,330. . Page 86 - IMPLEMENTATION MEASURE (MITIGATION MEASURE) OC- 12.2.5 It is unclear where the five-acre threshold in this mitigation measure comes from. As a result, the threshold seems arbitrary. The City requires erosion control plans for all discretionary projects involving site preparation and grading activities. Acknowledging the rural nature of most of the planning area, the City does not recommend that all discretionary projects be required to prepare and submit an erosion control plan. However, as stated on page 90 of the DEIR, one of the two most critical water quality problems within the planning area is sedimentation. Therefore, the City recommends that a smaller acreage threshold be considered to provide more meaningful mitigation. 5. Page 98 - IMPLEMENTATION MEASURE SF-2.3.3 This implementation measure requires the County and City to develop a stormwater management program to minimize damage to agricultural areas from conveyance of floodwaters from urban areas of the valley. The County and the City cannot require each other to implement policy or mitigation measures. While the City does not oppose the concept of the implementation/mitigation measure, the "City" should be deleted from the language. 6. Page102 - IMPLEMENTATION MEASURE OC-12.2.3 The term "appropriate technology" is vague and meaningless to the public. The City recommends that language be added to provide examples of appropriate technology that delay storm surges from water running off parking areas and potentially overbUrdening drainage systems. An example may be the installation of storm water detention infrastructure. 7. Page 143- IMPLEMENTATION MEASURE HA-2.1.1 If this mitigation measure is truly needed in conjunction with the others listed on pages 142 and 143 to successfully mitigate potentially significant adverse impacts to archaeological and historical resources resulting from future development, then the language must be modified to read "The County budget should shall include capital improvement funds for maintenance and enhancement of historic buildings." 8. Page 157 - LAST SENTENCE AT THE BOTTOM OF THE PAGE The information received from the'City's traffic engineering consultants is deemed premature. The City is still evaluating a number of alternatives, so that not all impacts on streets such as Perkins and State Streets have been identified. It is unknown to the City what all the cumulative impacts may be that would result from City and UVAP buildout, and whether or not they can be successfully mitigated. The language and analysis should be modified accordingly. 9. Page 163 -IMPLEMENTATION MEASURE CT-2.2.2 (e) The language in (e) must be revised to read "Projects impacting State or City transportation systems or rights-of-way shcu!d shall be consistent with adopted Caltrans or City transportation planning documents as applicable." 10. Page 164 - IMPLEMENTATION MEASURE CT-4.1.3 While the City agrees that the County and City should work cooperatively to plan roadway improvements in the City and immediate unincorporated area, the Implementation Measure should be revised to read "The County,.,,""'~,... c,~,,,._.,,j ,~, .... .. .,,,* .... ..., ,~,,1" ur-ged shall make every effort to work with the City to coordinate and plan an appropriate route and roadway improvements for the extension of Orchard ~.~1~, ~. ,,, h., ~.h.~,. ,~ ~,~ ,,, ~l~,~.~, ~- .... ,,~ ,, ,~1~ ~- ~-~ ~,~-, ,~ I~,~ ..... ~. ii1~1 gl~l I g~[~ ggl ii i~[11 I~ gl gl I I ~ I Il i i~ ii1~1 i g~ ~ ~1 ~[. 11. Page 168 - IMPLEMENTATION MEASURE CT-2.2.2 (b) To ensure true mitigation, the City recommends that the word "should" in the first sentence be replaced with the word "shall," and that the word "will" in the second sentence be replaced with the word "shall." 12. Page 168 -IMPLEMENTATION MEASURE CT-2.2.2 (e) To ensure true mitigation, the City recommends that the word "should" in this Implementation Measure be replaced with the word "shall." 13. Page 169 -SECOND PARAGRAPH See comment above for page 157. 14. page 210 -TRAFFIC-GENERATED NOISE The discussion regarding traffic-generated noise fails to include the increasingly loud noise resulting from some modified vehicle exhaust systems, as well as excessively I°ud car stereos. The noise generators have become an increasing nuisance problem in the City, and may or may not be regarded as a significant adverse impact. 15. Page 213 - IMPLEMENTATION MEASURE AE-l.l.1 Since adoption of the City General Plan, the City and the County have worked cooperatively to interpret and implement the provisions of the Ukiah Airport Master Plan. Accordingly, the following language is a more practical approach to mitigating potential noise impacts originating at the Ukiah Municipal Airport: "The County 3'`'4 r-i,,, o~,,,~ ~, ........... ...... j ................u,-,- shall continue to work cooperatively with the City to interpret and implement the City Airport .Master Plan and to maintain consistent land use classifications and uses in the immediate unincorporated vicinity ip around the Ukiah Munic al Airport 16. Page 215- THIRD PARAGRAPH If needed to truly mitigate noise impacts, the language should be revised to read "The County should shall adopt a Noise Ordinance ...... " The County may wish to review and consider the City of Ukiah Noise Ordinance to create continuity in the City-County transition areas. 17. Page 226- IMPLEMENTATION MEASURE CD-2.2.2 Similar to previous comments, this Implementation Measure inappropriately provides a directive to the City. While the City is supportive of the concept of working cooperatively with the County on selecting and planting trees within street rights-of-way, the language should be revised to read' "The r-~ .... ,~ County -~'""~4 shall c=,eef)em~e work with the City to plan and plant permit ~'~.,,.~ ~'~""'*i~'"~,~,,.,,,u ~*,~. canopy trees within rights-of-way to improve or enhance the streetscape." 18. Page 231 - LAST PARAGRAPH While not a specific comment regarding the adequacy of the EIR, the City supports the suggestion that the County consider the design guidelines set forth in the Smart Growth Network's Getting to Smart Growth: 100 More Poficies for Implementation, and Getting to Smart Growth II. The City is reviewing these documents, and is considering revising its design guidelines and other regulatory tools to incorporate certain smart growth principals. 19. Page 243 -UKIAH POLICE DEPARTMENT Some of the information contained in this paragraph needs updating. It is understood that the population for the City of Ukiah, as of 2002 is 15,497. Additionally, last June a ballot measure that would provide tax revenues to fund new police officers was successful. The City recommends that the consultant contact Captain Dewey of the City Police Department to update the information in his formal Response To Comments and preparation of the Final EIR. 20. Page 244 - LAST PARAGRAPH Similarly, the last paragraph should be revised to reflect the current status of the Ukiah Police Department. 21. Page 245 - SECOND PARAGRAPH There should be an explanation aS to why the demand for additional City police officers resulting from buildout under the UVAP is not regarded as a significant adverse impact to City police protection services. 22. Pages 248-253 - FIRE PROTECTION AND EMERGENCY RESPONSE Automatic and Mutual Aid While the E[R identifies the fact that the fire agencies in the valley participate in auto and mutual aid it fails to identify the impact that the development of the area will have on these agreements, it would seem that as the area develops the auto and mutual aid demand will increase as well. As the mutual and auto aid call volume increases the costs to the agencies sending assistance will increase. Using the City of Ukiah of Ukiah as an example, last year (2004) we responded to 42 requests for Fire auto or mutual aid. Each time we left the City it resulted in a mandatory call back of off duty personnel Which equated to no less the 4 firefighters being paid overtime for the period of time the engine was out of the City which per our labor agreement is no less then 3 hours per person being called back. We currently absorb the cost as part of our neighbor helping neighbor approach to service delivery, l:f the cumulative impact to auto and mutual aid is not addressed and mitigation proposed then in essence you have an EI:R that is flawed. Emergency Medical Response The EIR mentions that a percentage of the fire agencies in the valley's response are made up of EMS calls and that with the exception of the City all portions of the valley are served by a private ambulance. What is not addressed in the EIR is the impact future development will have on the EMS system as it relates to increased call loads on the private provider and if the current system can expand to meet the projected demand. This issue is of concern to the City as we have mutual aid with the private provider the results in the City dispatching Fire Department ambulances when the private provider's resources are not available. In addition the private provider will respond into the City when the Fire Departments Ambulances are committed and additional resources are needed. Similar to the fire mutual and auto aid responses, when ever.a City Fire Department ambulance is sent to calls outside the City the department recalls off duty personnel to staff our reserve ambulance/s in order to maintain service in the City incurring overtime costs. The department feels this is good business given the current call load however if the impact to the EMS system is not projected and mitigated the results will be increased costs and delay of service valley wide. Mitigation Proposed mitigations must include increased staffing and the sustainability of staffing not just facilities and equipment. 23. Page 2,51 - CITY OF UKIAH FIRE DEPARTMENT Some of the information contained in this paragraph needs updating. It is understood that the population for the City of Ukiah, as of 2002 is 15,497. According to Fire Marshal Yates, the current staff consists of 15 full-time career firefights/paramedics and 30 volunteer positions with 15 firefighters on the active roster. In terms of calls for assistance, there were 2300 in 2004. 24. Page 269 - CITY OF UKIAH "There should be an explanation as to why the de The City can meet average day demand with existing sources but cannot meet peak day demand without the use of storage within the City's system." Replace with: "The City can meet both averaqe day and peak day demands with existin_q sources. £n add/t/on, S. 9 f4G of storaqe is.available to auqment the peaks over Ion_qer per/ods of time." "The City is currently conducting hydrologic studies to/dent/fl/new groundwater well sites to meet this existing peak demand." Replace with: "The City will be conductinq hydrolo_qic stud/es to/dent/fy new _qroundwater we//sites to auqment peak demand per/ods." "The City's water sources are five wells and a Ranney collector which is buried beneath the river bed and captures Russian River underflow." Rep/ace with: "The City's water sources cons/st ora Ranney collection system and five separate we/is. The Ranney co/lector consists of a number of intake laterals located underneath the Russ/an River bed." "The Ranney collector has a design capacity of 13 MGD but has an actual test pumping capacity of 9 MGD with an average pumping capacity of 4.8- 5.0 MGD due to degradation of the stream channel, clogging, and other problems." Rep/ace with: "The Ranney co/lector has a desiqn capacity of 15 /~GD but has an actual test pump/hq capacity of 9 PIGD with an averaqe pumpin_q capacity of 4. B - 5. 0 PIGD due to/ow R-uss/an River re/eases causinq degradation of the stream channel result/hq in intake lateral c/o_q_qin_q, slit deposits, and other flow restriction problems." "The City does not have an adopted ConserVation Plan." Rep/ace with: "The City does have an adopted Conservation Plan." 25. Page 276 - THIRD PARAGRAPH "The City can provide additional supplies by developing a water conservation and/or recycling program." Rep/ace with: "The City can provide additional supplies by developing a water reuse program US/hq water from the peFco/at/on ponds located at its Wastewater Treatment P/ant." 26. Page 276 - STRIKE BOTH PARAGRAPHS 3 AND 4 Rep/ace both paragraphs with: "Recently the City established new water rate schedules in order to se//bonds for/ts 3.5 IYG Reservoir Expansion Proiect. The rate schedules include a tiered approach on consumption /n an effort to aid in customer conservation." 27. Page 285- SERVICE REVIEW The last sentence should be updated to read "Once the Service Review is completed, the City of Ukiah expects to reduce its sphere of influence." ~ f~l i 1114 ~ ) ph ..... ~[ ....~,~*~ ~o~nH~ll,, *h~entire .1~. area~*~ ,h**,,,., ,~-,,,. s ere ........... ~ ............... Gcner~ Plan. 28. Page 285 - FIRST PARTIAL PARAGRAPH Revise the following sentence accordingly: "Construction will begin in the fall summer of 2005 and is expected to be completed in 30 to 36 months." 2 2.5 ¥cars." 29. Page 285 - FIRST FULL PARAGRAPH "l't: is possible t:hat: t:he fut:ure policy would result: in t:he need t:o line t:he facility's evaporat:ion/per¢olat:ion ponds t:o prevent: percolat:ion t:o t:he Russian River." Remove t:his sent:ence since t:here is only speculat:ion about: what: t:he Board might: do. 30. Page 285 - PARAGRAPH ENTITLED, "CONNECTION FEES" "The UVSD and City of Ukiah levy st:andard fees for extending wast:ewat:er service t:o new development:. Current:ly, t:he UVSD fee for a two-bedroom home would be $8,800. This money is used t:o repay t:he bonds for t:he t:reat:ment: and disposal facility expansion. Sewer fees are used for t:he rehabilit:at:ion component: of t:he facility improvement: project:." Replace with: "The UVSD and City of Uk/ah have connect/on fees for connect/n_q to the wastewater system. Currenffy, the UVSD fee for a two-bedroom home is approximately $9,000. This money is used to repay the bonds for the capacity addition to the wastewater treatment p/ant improvement project. Monthly sewer fees are used for the rehabilitation component of the fac/#ty improvement project'~. 31. Page 285 - FOOTNOTE #146 "146 BERNIE Ziemianek, 6/2/04 Replace with: "145 Bernie Ziemianek, 6/2/05" 32. Page 287 -THIRD PARAGRAPH "or a new facility could be ..... " Rep/ace with: "or a new sate/lite facility could be .... " 33. Page 287 - THIRD PARAGRAPH Remove the following sentence: "The City is currently/nvest/qat/n_q the possible purchase of land to the north of the treatment and disposal facility that could be used for future expansion." 34. Page 288 - POLICY CF-4.2 See previous correspondence on this issue/language, dated September 14, 2005 (copy enclosed). 35. Page 298, CITY OF UKIAH RECREATION FACILITIES The description of the City's recreation facilities needs to be updated to reflect the new Perkins Street Park and the emerging Observatory Park. 36. Page 302 - IMPLEMENTATION MEASURES PR-2.1 AND PR-2.1.2 These Implementation measures inappropriately provide directives to the City. While the City supports cooperative efforts with the County regarding park and recreation planning, providing directives to the City in the UVAP is inappropriate. 37. PAGE 305 - IMPLEMENTATION MEASURE PR-1.2.2 The City believes that future development in the planning area will have a significant adverse impact on City parks and recreation facilities. Even with the UVAP policies calling for County-City cooperation to investigate methods for financing parks and recreation facilities and services, we recommend that a second sentence be added to Implementation Measure PR-1.2.2 to ensure that this mitigation measure is effective: "All residential development projects of 15 or more units shall include on-site outdoor recreation facilities such as tot-lots, basketball courts, and/or other similar improvements." The City has been using this approach successfully to reduce impacts on park and recreation facilities and services. 38. Page 316 - IMPLEMENTATION MEASURE AE-l.l.1 Since adoption of the City General Plan, the City and the County have worked cooperatively to interpret and implement the provisions of the Ukiah Airport Master Plan. Accordingly, the following language is a more practical approach to mitigating potential noise impacts originating at the Ukiah Municipal Airport: "The CountyI~lli~'Jl~'~J~,~ii /l"l[~''Vll~r eh~ll~, ,~,, h~ ........... ~, ,~, ~ shall continue to work cooperatively with the CiW to interpret and implement the City Airpo~ Master Plan and to maintain consistent land use dassifications and'uses in the immediate unincorporated viciniW around the Ukiah Municipal Airpo~. C~p I ~1 [ ~] It ~k ~[I [IS[~l I[ Ii~IVlIIV[ [kl[ I~ [~[ [~ IV~I~iVI IV II I ~1 I~ ~1~ UVVI~I I~ VII I I~ 39. PROJECT ALTERNATIVES The draft EIR concludes that loss of farmland and prime agricultural soils, views of.open space, traffic impacts on neighborhoods through which proposed road extensions will be constructed, and growth inducing impacts are all significant, adverse and not mitigated to a level of insignificance 'by the UVAP as tentatively approved or even as augmented by the mitigations discussed in the draft EIR. (See pp. 42-43.) The draft EIR discusses project alternatives that would have less of these unmitigated adverse environmental impacts than the draft EIR, including a "Growth Management" and a "Sustainable Development/Smart Growth" alternative. The draft EIR concludes that the Growth Management alternative is environmentally superior to the UVAP, even with the mitigations proposed in the draft EIR to reduce the adverse impacts of the tentatively approved draft UVAP. (Id.) The draft EIR acknowledges that the Sustainable Development/Smart Growth alternative can be combined with the Growth Management alternative and that this combined alternative would have even less adverse impacts than the Growth Management alternative standing alone. The City maintains that based on this information in the draft EIR, the County cannot adopt the findings required by CEQA to approve the tentatively approved UVAP, even with the additional mitigations proposed in the draft EIR. Under Public Resources Code Section 21081 and 14 California Code of Regulations ("CCR") Section 15091,4 a public agency that approves a project for which a final EIR has identified significant adverse impacts must make one of three findings with respect to each unmitigated adverse impact: (1) "changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR..." ( Section 15091(a)(1), emphasis added), (2) the changes or alterations are within the responsibility and jurisdiction of another public agency and not the' agency making the finding. The changes have been adopted by the other agency or can and should be adopted by the other agency (subsection (a)(2), or (3) "[s]pecific economic, legal, social, technological or other considerations . . . make infeasible the mitigation measures or project alternatives identified in the EIR." (Section 15091(a)(3).) In addition, where, as here, there is an adverse effect that has not been mitigated to insignificance, Public Resources Code Section 21081(b) and Guideline Section 15093 requires the County to balance in a Statement of Overriding Consideration the economic, legal, social, technological or other benefits of the Project against its unavoidable environmental risks. If the specific such benefits outweigh the unavoidable adverse environmental effects, the adverse environmental 'effects may be considered acceptable. All these findings must be supported by substantial evidence in the record. (See Guideline Sections 15091(b) and 15093(b).) Findings of overriding consideration alone are not enough. The agency must find that the environmentally superior project alternative is not feasible or that the identified adverse environmental impacts are not within the County's control and either have been or can and should be mitigated by the jurisdiction with authority to mitigate those impacts. The City maintains that the County cannot make these required findings. The unmitigated adverse impacts are not within the control of another jurisdiction rather than the County and the environmentally superior alternative, whether it be the Growth Management Alternative or a combination of that alternative with the Sustainable Development/Smart Growth alternative are not infeasible for any of the reasons set forth in Guidelines Section 15091(a)(3). The City will also review any proposed Statement of Overriding Consideration to determine that the balancing of benefits and impacts is properly done and is supported by substantial evidence in the record. ~ The regulations at 14 CCR §§ 15000- 15387 contained the CEQA Guidelines promulgated by the State Secretary for Resources. All subSequent references to these regulations shall be to the "Guidelines.", 10 40. MITIGATION MONITORING While we acknowledge that Section 15097 of the CEQA Guidelines allows the Mitigation Monitoring Plan for a General Plan level document to consist of policies included in the Plan, the City believes that it is crucial for the EIR to provide a mitigation monitoring table indicating who is responsible for implementing each mitigation measure/policy, when and how it will be implemented, the projected cost, and who will be responsible for the cost. This would provide meaningful public disclosure and a sensible and practical link between the EIR and UVAP, as well as a statement regarding the true viability of the Plan. The "Timeframe" and "Responsibility" statements after some of the implementation/mitigation measures are useful, but a formal Mitigation Monitoring Table would present all the mitigation monitoring information in one place in the document. On behalf of the unanimous City/Council, thank you again for providing an opportunity to comment on the Ukiah Draft Program Environmental Impact Report. /~.~~'~.arl/e,y S'fum~, Direct_ ~~,W'ning and Commdnity Development cl. 11 ']"hank you for sending the draft EIR to the City for our review and comment. We will forward the City Council con-~ments to you promptly after its October 5, 2005 meeting. .... ~ i n cJ~r ely/// ~._~// / ~ l"/ - / ,,Ch~le~ Stun p, ' ~or /~ ~in~ aaa Community ~eve~opment AGENDA ITEM NO: 9.a MEETING DATE: January 18, 2006 SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING ASSIGNMENT OF CABLE TV FRANCHISE FROM ADELPHIA CABLE COMMUNICATIONS TO A SUBSIDIARY OF COMCAST CORPORATION SUMMARY: The proposed resolution approves an assignment of the Franchise Agreement between the City and Century Mendocino Cable Television, Inc. d/b/a Adelphia Cable Communications ("Adelphia"). The recitals in the attached resolution detail the rather complicated purchase of Adelphia's assets by Time Warner and Comcast corporations, and the exchange of assets between Time Warner and Comcast. If the sale is completed in accordance with its terms, a newly created limited liability company called Cable Holdco Exchange V LLC ("Holdco"), which will become a wholly owned subsidiary of a limited partnership called Comcast of Indiana/Michigan/Texas, L.P. ("Comcast of Indiana/Michigan"), will wind up with Ukiah's franchise agreement as well as the franchise agreements with Mendocino County, Willits and Fort Bragg. The resolution approves the transfer, subject to several conditions which are described in Section 2 of the Resolution, subsections (a)- (c). Under those conditions, the transfer is only approved, if Holdco becomes a wholly owned subsidiary of Comcast of Indiana/Michigan and the assignee of the City's Franchise Agreement. In addition, Comcast of Indiana/Michigan, as the parent of [Continued on page 2] RECOMMENDED ACTION: Adopt resolution approving assignment of Franchise Agreement ALTERNATIVE COUNCIL POLICY OPTIONS: propose revisions to resolution Deny application for approval or Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Adelphia Cable Adelphia Cable David J. Rapport, City Attorney Candace Horsley, City Manager 1. Resolution Candace Horsley, Ci~ Manager [Continued from page 1] Holdco upon closing, must sign an Assignment and Assumption Agreement, which is attached to the resolution as Exhibit A. Under the Assignment and Assumption Agreement, Holdco must provide a written guarantee (in the form contained in Schedule 1 to the Assignment and Assumption Agreement) from Comcast Corporation under which Comcast guarantees Holdco's performance of all its obligations under the Franchise Agreement. The guarantee is required, because Holdco will be a brand new entity with no history. Comcast Corporation, a multibillion dollar company, has the financial capacity to assure that Holdco will be financially responsible in performing its obligations under the Franchise Agreement. In addition, Holdco must satisfy the City Manager or her designee that it will have adequate local resources to smoothly transition from Adelphia to a Comcast system and to perform its obligations under the Franchise Agreement. (See Resolution, pages 3-4, Section 2, subparagraph (c), items (i)-(ix).) The approval of this transfer is governed by the Franchise Agreement and 47 C.F.R. § 76.502, an FCC regulation adopted under the authority of the Federal Telecommunications Act. Under Section 76.502, the City has 120 days from receipt of a complete FCC Form-394 to act on an application to transfer a franchise agreement. The City received Adelphia's Form-394 on June 15, 2005, along with its check for $5,000 which covers the cost of processing the application. In coordination with Mendocino County, Willits and Fort Bragg, the City retained John Risk of Communications Support Group, Inc. to act as a consultant in evaluating the application. The City's share of Risk's fee was paid from the $5,000 deposited by Adelphia. Mendocino County took the lead in communicating with Adelphia on behalf of the County and the three cities. The 120 day time period was initially extended, because the group asked for additional information from Adelphia. The lawyers from Comcast were reluctant to produce some of the requested information which they considered proprietary or confidential, but Mr. Risk negotiated an agreement to review those documents and to preserve their confidentiality. Based on a review of thousands of pages of documents, including the various transaction documents and financial statements from both Time Warner and Comcast, Mr. Risk eventually recommended approval of the transfer, subject to the conditions set forth in the resolution, including the Assignment and Assumption Agreement and the Guarantee. In acting on the application, the City is limited by law to a consideration of whether the Adelphia is in compliance with the Franchise Agreement at the time of the transfer and of whether Holdco possesses the financial, technical, and legal qualifications to adequately perform, or to ensure its performance of, the Franchise Agreement. As stated in the resolution staff is satisfied, based on a review of the documentation furnished by Adelphia, Time Warner and Comcast that Holdco possesses the required qualifications and its performance is adequately assured, subject to the conditions set forth in the resolution. Mendocino County and the other cities have already approved very similar resolutions. By agreement with Adelphia, the City had its time extended to act on the application to and including January 18, 2006. ATTACHMENT_ RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CONDITIONALLY AUTHORIZING THE ASSIGNMENT OF A CABLE TELEVISION FRANCHISE AND CABLE SYSTEM BY CENTURY MENDOCINO CABLE TELEVISION, INC. D/B/A ADELPHIA CABLE COMMUNICATIONS TO CABLE HOLDCO EXCHANGE V, LLC AND A CHANGE OF CONTROL TO COMCAST OF INDIANA/MICHIGAN/TEXAS, LP, A SUBSIDIARY OF COMCAST CORPORATION WHEREAS: A. Century Mendocino Cable Television, Inc. d/b/a Adelphia Cable Communications ("Franchisee") is the authorized holder of a franchise ("Franchise") that authorizes the construction, operation, and maintenance of a cable television system within theCity of Ukiah ("Franchise Authority"). Franchisee is a subsidiary of Adelphia Communications Corporation ("Adelphia"); and B. On April 20, 2005, Comcast Corporation ("Comcast") and Time Warner NY Cable LLC ("TWNY"), an indirect subsidiary of Time Warner Cable Inc. ("TWC"), each entered into separate definitive agreements to acquire, collectively, substantially all of the assets of Adelphia for a total of $12.7 billion in cash (of which TWNY will pay $9.2 billion and Comcast will pay the remaining $3.5 billion) and 16% of the common stock of Time Warner Cable Inc.; and C. In accordance with the provisions of an Exchange Agreement that was also executed on April 20, 2005, Comcast, Time Warner Cable Inc., and their respective subsidiaries agreed, upon consummation of the asset purchase agreements referenced above, to exchange certain cable systems owned by affiliates of Time Warner Cable Inc. or Comcast, respectively, together with certain cable systems to be acquired in the asset purchase transactions. The asset purchase transaction by TWNY that includes the cable franchises of the Franchise Authority is not, however, dependent upon the consummation of these "cable swaps" transactions, nor upon certain redemption transactions between TWC and whereby TWC, the parent company of TWNY, will redeem Comcast's 17.9 percent equity interest in TWC, in exchange for $1.9 billion in cash plus 100 percent of the common stock of a TWC subsidiary that will own cable systems located in four states other than California; and D. On June 15, 2005, the Franchise Authority received two applications relating to proposed transfers of control of the existing Franchise held by Century Mendocino Cable Television, Inc. Each application included a separate Federal Communications Commission (FCC) Form 394 titled "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise." Together, these applications S:\u\resos05\ComcastTransfer DRAFT 10/21/05 describe an initial transaction which would transfer the assets of Century Mendocino Cable Television Inc. (the assignor) to Cable Holdco Exchange V LLC (presently a subsidiary of Time Warner Cable, Inc.) ("New Franchisee"). Then, as part of a separate "Exchange Transaction" described in the second FCC Form 394, control over Cable Holdco Exchange V LLC will be transferred from Time Warner Cable Inc. ("Transferor") to Comcast of Indiana/Michigan/Texas, L.P., a Delaware limited partnership ("Transferee"). These two transactions are likely to close contemporaneously and in direct succession. Should both of these transactions occur, the Franchise will have been transferred to Cable Holdco Exchange V, LLC, which will be a subsidiary of Comcast of Indiana/Michigan/Texas, L.P., provided the Franchise Authority has so consented. Supplemental information concerning the Adelphia Transaction and the Exchange Transaction was provided to the Franchise Authority by Time Warner Cable Inc. and by Comcast on July 25, 2005; and E. In accordance with Section 13.1 of an Agreement between the City of Ukiah and Franchisee Granting Nonexclusive Rights to Construct and to Operate a Cable System in the City of Ukiah and Setting Forth Terms and Conditions Relating to the Exercise of those Rights ("Adelphia Franchise Agreement"), the Franchise Authority has the right to review and to approve the financial, technical, and legal qualifications of a proposed transferee in connection with a proposed assignment of the Franchise. The Franchise Authority requested additional information from Time Warner Cable in identifying the legal and technical qualification of Cable Holdco Exchange V, LLC and Comcast of Indiana/Michigan/Texas, LP. The company provided additional disclosures regarding the New Franchisee and Transferee; and F. The staff of the Franchise Authority has reviewed the documentation that accompanied FCC Form 394 and, based upon the representations set forth in that documentation, has concluded that the proposed New Franchisee and Transferee have the requisite financial, technical, and legal qualifications to adequately perform, or to ensure the performance of, all obligations required of the New Franchisee under the Franchise, and that the New Franchisee will be bound by all existing terms, conditions, and obligations of the Franchise as it currently exists or as it may be modified or superseded by the parties.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH RESOLVES AS FOLLOWS: Section 1. In accordance with Section 13.1 of the Adelphia Franchise Agreement, the Franchise Authority, in this "Franchise Assignment Consent Resolution" consents to and approves the proposed assignment of the Franchise to Cable Holdco Exchange V, LLC, which upon the closing of the asset purchase transaction will be an indirect wholly-owned subsidiary of Time Warner Cable Inc., and will be qualified to conduct business as a limited liability company in the State of California. The Franchise Authority further consents to the proposed transfer of control over Cable Holdco Exchange V, LLC from Time Warner Cable Inc. to Comcast of Indiana/Michigan/Texas, LP. In the event that the New Franchisee and/or any affiliate modify the pertinent transactions in any manner that would result in the Franchise being transferred to any entity other than Cable Holdco Exchange V, LLC, New Franchisee and any contemplated party must first obtain prior written approval from the Franchise Authority, and adhere to all applicable procedures established by law. s:\u\resos05\CompastTransfer DRAFT 10/19/05 Section 2. The authorization, consent and approval of the Franchise Authority to the proposed assignment is conditioned upon compliance by the New Franchisee or the Transferee with the following requirements: (a) Within sixty days after the adoption of this resolution, the New Franchisee and the Transferee shall fully execute and file in the office of the City Clerk an "Assignment and Assumption Agreement" in substantially the form attached to this resolution as Exhibit A. Any changes effected upon this Exhibit A shall render the "Assignment and Assumption Agreement," voidable, at the option of the Franchise Authority. In order to be considered complete, this filing of the "Assignment and Assumption Agreement must include a Schedule 1 executed by Comcast Cable Communications Holding, Inc., in the form attached to this resolution's Exhibit A. The Mayor of the City is authorized to execute that document and thereby evidence the written consent of the Franchise Authority to the assignment' and assumption of all rights and obligations under the Franchise. (b) An original or conformed copy of the written instrument evidencing the closing and consummation of the transactions involving the proposed assignment of the Franchise must be filed in the office of the City Clerk within sixty days after that closing and consummation. (c) Approval, by the City Manager, or her designee, that all of the following issues have been adequately addressed to the satisfaction of the City Manager, or her designee within sixty days after the date of closing of the transactions: (i) (ii) (iii) (iv) (v) (vi) Staffing and technical measures have been implemented to ensure adequate telephone call center performance, reporting capabilities, and transition programs to provide service as Time Warner Cable; Staffing and technical measures have been implemented to ensure adequate public, educational, or governmental (PEG) channel signal transmission quality; All necessary insurance policies, endorsements or certificates, as required by the Franchise, including, without limitation, applicable "additional insured" language shall been provided to the City Manager or her designee; All necessary security provisions of the Franchise, including, but not limited to, cash deposits, surety funds, construction bonds, and/or any other security as approved by the City Manager or designee, shall have been provided to the City Manager or her designee; The City Manager or her designee shall have reviewed and approved the location(s) of franchise financial records pertaining to Franchise fee reviews; The City Manager or his designee shall have reviewed and approved the location(s) of other cable system records related to Franchise compliance; s:\u\resos05\CompastTransfer DRAFT 10/19/05 (vii) The City Manager or her designee shall have reviewed and approved the location for providing advertising spots; (viii) The New Franchisee shall have demonstrated to the City Manager or her designee activation and testing of Emergency Override system; and (ix) The New Franchisee shall have demonstrated to the City Manager or her designee an adequate program for providing notice to subscribers of, and implementing, account transition, including, without limitation, e-mail account transitioning and domain name changes. Section 3. If any one or more of the conditions set forth above in Section 2 of this Resolution is not satisfied within the period of time specified in that paragraph, then the authorization and consent of the Franchise Authority to the proposed assignment as provided for in this resolution will be revoked and rescinded without further action by the Franchise Authority, and the FCC Form 394 application will be denied in all respects as of the date of adoption of this resolution. Section 4. The parties agree that a breach of this Resolution will constitute a breach of the franchise agreement. Section 5. The City Clerk is directed to transmit a certified copy of this resolution to the following persons: Mr. Roger Keating, President Los Angeles Division Time Warner Cable Inc. 959 South Coast Drive, Suite 300 Costa Mesa, CA 92626 Brad M. Sonnenberg, Esq. Executive Vice President, General Counsel and Secretary Adelphia Communications Corporation 5619 DTC Parkway Denver, CO 80111 Sheila Willard, Senior Vice President Comcast Cable Communications, LLC 1500 Market Street, 28th Floor, West Tower Philadelphia, PA 19102 Section 6. Resolution. The City Clerk is directed to certify to the passage and adoption of this PASSED AND ADOPTED at a regular meeting of the Ukiah City Council on the following roll call vote: ,2006, by s:\u\resos05\CompastTransfer DRAFT 10/19/05 AYES: NOES: ABSENT: ABSTAIN: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk s:\u\resos05\CompastTrans fer DRAFT 10/19/05 EXHIBIT A TO RESOLUTION NO. ASSIGNMENT AND ASSUMPTION AGREEMENT AND GUARANTEE OF ASSIGNEE'S OBLIGATIONS (CABLE TELEVISION FRANCHISE AGREEMENT) THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement") is entered into this __ day of ., 2005, in Ukiah, California, between Century Mendocino Cable Television, Inc. d/b/a Adelphia Cable Communications ("Assignor"), Cable Holdco Exchange V, LLC ("Assignee"), and the City of Ukiah, a California municipal corporation ("Franchise Authority"). RECITALS: A. Assignor is the authorized holder of a franchise that authorizes the construction, operation, and maintenance of a cable television system within the City of Ukiah, California. B. Subject to the prior consent of the Franchise Authority, Assignor desires to assign to Assignee, and Assignee desires to assume, effective as of the closing of the asset purchase transaction described in the FCC Form 394 as filed with the Franchise Authority on June 15, 2005, and supplementary and other related documents (the "Closing"), all rights, duties, and obligations under the cable television franchise agreement between the Franchise Authority and the Assignor ("Franchise Agreement") as it currently exists, or as it may be modified or superseded by the parties prior to the Closing. In the main body of the City of Ukiah Resolution No. __, of which this exhibit is a part (the "Franchise Assignment Consent Resolution"), the Franchise Authority has enumerated the terms upon which the Franchise Authority conditions its consent to the Franchise Assignment. THE PARTIES AGREE AS FOLLOWS: 1. Effective as of the Closing, Assignor assigns and transfers to Assignee all of Assignor's rights, duties, and obligations under the Franchise Agreement. 2. Effective as of, and contingent upon, the occurrence of the Closing, Assignee covenants and agrees with Assignor and with the Franchise Authority to assume all rights and to assume and perform all duties and obligations of the Assignor under the Franchise Agreement, including all duties and obligations arising prior to the Closing, except as may be limited by Assignor's rights under the pending Adelphia Communications Corporation ("Adelphia") bankruptcy proceeding pursuant to the Bankruptcy Code. 3. Franchise Authority consents to the assignment and transfer by Assignor to Assignee of all rights, duties, and Obligations specified in the Franchise Agreement, contingent upon the timely satisfaction of all Assignor, Assignee, and affiliated entities' obligations described in this "Franchise Assignment Consent Resolution," including timely execution by Comcast Cable Communications Holdings, Inc., as guarantor, of the "Guarantee of Assignee's Obligations" that is attached as Schedule 1 to this Agreement. Within sixty (60) days after the A-1 S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 adoption of this resolution, the Franchisee and the Transferee shall file in the office of the City Clerk, in fully executed form, both this "Assignment and Assumption Agreement," as well as the '"Guarantee of Assignee's Obligations," in substantially the form attached to the Resolution as Exhibit A. 4. This Agreement will become operative and enforceable upon the closing of the asset purchase transaction described in the FCC Form 394 as filed with the Franchise Authority on June 15, 2005. TO EFFECTUATE THIS AGREEMENT, the parties have caused this Assignment and Assumption Agreement to be executed by their duly authorized representatives as of the date set forth below the authorized signature. "ASSIGNOR" CENTURY MENDOCINO CABLE TELEVISION, INC. D/B/A ADELPHIA CABLE COMMUNICATIONS By: (authorized officer) Title: APPROVED AS TO FORM: Date: Legal Counsel "ASSIGNEE" COMCAST OF INDIANA/MICHIGAN/TEXAS, GP, LLC As Parent of Assignee upon Closing: APPROVED AS TO FORM: By: Title: Date: (Authorized Officer) Legal Counsel S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 A-2 APPROVED AS TO FORM: David J. Rapport, City Attorney ATTEST: Marie Ulvila, City Clerk "FRANCHISE AUTHORITY" CITY OF UKIAH By: Mark Ashiku, Mayor Date: S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 A-3 SCHEDULE 1 to ASSIGNMENT AND ASSUMPTION AGREEMENT AND GUARANTEE OF ASSIGNEE'S OBLIGATIONS GUARANTEE GUARANTEE, dated as of , 2005, made by COMCAST CABLE COMMUNICATIONS HOLDINGS, INC., a Delaware corporation ("Guarantor"), in favor of the City of Ukiah, California, ("Beneficiary"). For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and to induce Beneficiary to timely consent to the transfer of the cable television franchise issued by Beneficiary and currently held by Century Mendocino Cable Television, Inc. (the "Franchise") to Cable Holdco Exchange V, LLC ("Transferee"), a subsidiary of Guarantor, in accordance with the Federal Communications Commission Form 394 filed by Transferee, Guarantor agrees as follows: Interpretive Provisions. mo The words "hereof," "herein" and "hereunder" and words of similar import, when used in this Guarantee, shall refer to this Guarantee as a whole and not to any particular provision of this Guarantee, and section and paragraph references are to this Guarantee unless otherwise specified. Bo The meanings given to terms defined herein shall be equally applicable to both the singular and plural forms of such terms. Guarantee. mo Effective upon the close of the asset purchase transaction, Guarantor unconditionally and irrevocably guarantees to Beneficiary the timely and complete performance of all Transferee obligations under the Franchise (the "Guaranteed Obligations"). The Guarantee constitutes an irrevocable, absolute, continuing guarantee of payment and performance. If Transferee fails to pay any of its monetary Guaranteed Obligations in full when due in accordance with the terms of the Franchise, Guarantor shall promptly pay the same to Beneficiary or procure payment of same to Beneficiary. Anything herein to the contrary notwithstanding, Guarantor shall be entitled to assert as a defense hereunder any defense that is or would be available to Transferee under the Franchise or otherwise. A-4 S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 Bo This Guarantee shall remain in full force and effect t~ntil the earliest to occur of: (i) performance in full of all Guaranteed Obligations at a time when no additional Guaranteed Obligations remain outstanding or will accrue to Transferee under the Franchise; and (ii) subject to any required consent of the Beneficiary, any direct or indirect transfer of the Franchise from Transferee to (or direct or indirect acquisition of Transferee or any successor thereto by (whether pursuant to a sale of assets or stock or other equity interests, merger or otherwise)) any other person or entity a majority of whose equity and voting interests are not beneficially owned and controlled, directly or indirectly, by Guarantor. Upon termination of. this Guarantee in accordance with this Section II(B), all contingent liability of Guarantor in respect hereof shall cease, and Guarantor shall remain liable solely for Guaranteed Obligations accrued prior to the date of such termination. Waiver. Guarantor waives any and all notice of the creation, renewal, extension or accrual of any of the Guaranteed Obligations and notice of or proof of reliance by Beneficiary upon this Guarantee or acceptance of this Guarantee. Guarantor waives diligence, presentment, protest and demand for payment to Transferee or Guarantor with respect to the Guaranteed Obligations; provided, however, that Guarantor shall be furnished with a copy of any notice of or relating to default under the Franchise to which Transferee is entitled or which is served upon Transferee at the same time such notice is sent to or served upon Transferee. This section does not effect any notice provision in either the Franchise Agreement or any City of Ukiah Ordinance. Representations and Warranties. Each of Guarantor and Beneficiary represents and warrants that: (i) the execution, delivery and performance by it of this Guarantee are within its corporate, limited liability company or other powers, have been duly authorized by all necessary corporate, limited liability company or other action, and do not contravene any law, order, decree or other governmental restriction binding on or affecting it; and (ii) no authorization or approval or other action by, and no notice to or filing with, any governmental authority or regulatory body is required for the due execution, delivery and performance by it of this Guarantee, except as may have been obtained or made, other than, in the case of clauses (i) and (ii), contraventions or lack of authorization, approval, notice, filing or other action that would not, individually or in the aggregate, impair or delay in any material respect such party's ability to perform its obligations hereunder. Binding Effect. This Guarantee, when executed and delivered by Beneficiary, will constitute a valid and legally binding obligation of Guarantor, enforceable against it in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency or other similar laws applicable to creditors' rights generally and by equitable principles (whether enforcement is sought in equity or at law). Notices. All notices, requests, demands, approvals, consents and other communications hereunder shall be in writing and shall be deemed to have been duly given and made if served by personal delivery upon the party for whom it is intended or delivered by registered or certified mail, return receipt requested, or if sent by Telecopier, provided that the telecopy is promptly confirmed by telephone confirmation thereof, to the party at the address set forth below, or such other address as may be designated in writing hereafter, in the same manner, by such party: A-5 S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 To Guarantor and Transferee: Comcast - Legal Department 1500 Market Street Philadelphia, PA 19102 Telephone: (215) 665-1700 Telecopy: (215) 981-7790 To Beneficiary: City Manager City of Ukiah Ukiah Civic Center 300 Seminary Ave. Ukiah, California 95482 Telephone: (707) 463-6210 Telecopy: (707) 463- Integration. This Guarantee represents the agreement of Guarantor with respect to the subject matter hereof and there are no promises or representations by Guarantor or Beneficiary relative to the subject matter hereof other than those expressly set forth herein. Amendments in Writing. None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Guarantor and Beneficiary, provided that any right, power or privilege of Beneficiary arising under this Guarantee may be waived by Beneficiary in a letter or agreement executed by Beneficiary. Section Headings. The section headings used in this Guarantee are for convenience of reference only and are not to affect the construction hereof or be taken into consideration in the interpretation hereof. No Assignment or Benefit to Third Parties. This Agreement shall be binding upon and inure to the benefit of the parties hereto. Nothing in this Agreement, express or implied, is intended to confer upon anyone other than Guarantor and Beneficiary and their respective permitted assigns, any rights or remedies under or by reason of this Guarantee. Expenses. All costs and expenses incurred in connection with this Guarantee and the transactions contemplated hereby shall be borne by the party incurring such costs and expenses. Counterparts. This Guarantee may be executed by Guarantor and Beneficiary on separate counterparts (including by facsimile transmission), and all of said counterparts taken together shall be deemed to constitute one and the same instrument. S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 A-6 Governing Law. This Guarantee shall be governed by and construed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. Any legal action or proceeding concerning this Guarantee shall be filed and prosecuted in the appropriate California state court in the Mendocino County, California. Each party hereto irrevocably consents to the personal jurisdiction of that court. The parties each hereby expressly waive the benefit of any provision of federal or state law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including, without implied limitation, federal district court, due to any diversity of citizenship between the parties, due to the fact that either or both of the parties is a party to such action or proceeding or due to the fact that a federal question or federal right is involved or alleged to be involved. Without limiting the generality of the foregoing, the parties each specifically waive any rights provided to it pursuant to California Code of Civil Procedure Section 394. The parties acknowledges that the provisions of this paragraph are material consideration to the parties' entry into this Guarantee, in that the parties will avoid the potential cost, expense and inconvenience of litigating in a distant forum. Waiver of Jury Trial. Each party hereto hereby irrevocably and unconditionally waives trial by jury in any legal action or proceeding relating to this guarantee and for any counterclaim therein. Attorneys Fees. In the event that any action or proceeding regarding any term of this Guarantee is commenced, the prevailing party in such action or proceeding, in addition to all other relief to which it may be entitled, shall be entitled to recover from the other party the prevailing party's costs of suit and reasonable attorneys' fees. The prevailing party shall be as determined by the court in accordance with California Code of Civil Procedure Section 1032. The attorney's costs and expert fees recoverable pursuant to this section include, without limitation, attorney's costs and expert fees incurred on appeal and those incurred in enforcing any judgment rendered. Attorney's costs and fees may be recovered as an element of costs in the underlying action or proceeding or in a separate recovery action. S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 A-7 TO EFFECTUATE THIS GUARANTEE, each of the undersigned has caused this Guarantee to be duly executed and delivered by its duly authorized officer on the date set forth below the authorized signature. "GUARANTOR" COMCAST CABLE COMMUNICATIONS HOLDING, INC., a Delaware corporation By: Name: Title: Date: (Authorized Officer) APPROVED AS TO FORM: "BENEFICIARY" CITY OF UKIAH By: Mark Ashiku, Mayor APPROVED AS TO FORM BY: David J. Rapport, City Attorney ATTEST: Marie Ulvila, City Clerk S;\u\resos05\ComcastGuarantee DRAFT 10/21/05 A-8 ITEM NO: DATE: January 18, 2005 AGENDA SUMMARY REPORT SUB3ECT: APPROVAL OF PRELIMINARY SCOPE OF WORK, COST SHARING APPROACH, AND CITY PARTICIPATION IN THE CONSTRUCTION OF A TRAFFIC SIGNAL AT PERKINS STREET AND HOSPITAL DRIVE, DIRECTION TO THE CITY MANAGER TO PREPARE AN AGREEMENT WITH THE PRO.1ECT APPLICANTS, AND A BUDGET AMENDMENT SUMMARY: When the City Council approved the Walgreen's project on East Perkins Street, it directed Staff to work with the applicants and the applicants of other projects to coordinate the signalization of the Perkins Street/Hospital Drive intersection. Subsequent to the Council's action, Staff has been working with the Walgreen's applicant Marin Ventures to develop a scope of work for the traffic signal, as well as a fair and reasonable approach to sharing the cost with them and future developers of property in the immediate vicinity. This Agenda item is seeking Council approval of the preliminary scope of work, cost sharing approach, and City participation in the cost of the signal, as well as a budget amendment. (continued on page 2) RECOMMENDED ACTION: 1) Approve preliminary scope of work, preliminary cost sharing approach, and City participation in the construction of a traffic signal at Perkins Street and Hospital Drive; 2) Direct the City Manager to prepare an agreement with project applicants and return to the Council for approval; 3) Approve budget amendment using Special Reserve 699 funds; and; 4) Direct Staff to return with a Capital Improvement Program/Study to fund the area of benefit costs of the signal. ALTERNATI'VE COUNCTL POLICY OPTION: Provide alternative direction to Staff. Citizens Advised: Applicants and affected property owners Requested by: Diana Steele, Public Works Director and Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager, David Rapport, City Attorney, and Diana Steele, Public Works Director Attachments: 1. 2. 3. 4. 5. Correspondence from Marin Ventures, dated December 8, 2005 Engineer's preliminary cost estimate for Traffic Signal Draft Map of area of benefit and parcels to participate in funding for signal Draft Cost sharing allocation for parcels within area of benefit Special Projects Reserve Fund 699 and Surface Transportation Project Fund excerpts from the 2005-06 Budget APPROVED:~ ~~ Candace Horsley, City ager · BACKGROUND: The Traffic Study for the Walgreen's project found that the project would not cause the intersection at East Perkins Street and Hospital Drive to deteriorate to a level that would warrant the installation of a traffic signal. However, the applicants, Marin Ventures, indicated that Walgreen's representatives desired a signal for pedestrian safety, and would be willing to participate in the cost. The Council agreed and imposed the condition of approval outlined above. Cost Sharing: Marin Ventures/Walgreen's has agreed with Staff on a cost sharing approach to fund the installation of the traffic signal, which is outlined in Attachment No. 4. The total estimated cost of the signal is approximately $205,000. Under the approach, the City would be responsible for 25% of the cost ($51,250) for the existing traffic, and Marin Ventures/Walgreen's would be responsible for 14.1% ($28,905) for the traffic it would contribute. Six other property owners in the area of benefit (8 parcels) would be responsible for the remainder of the cost ($124,845). Tn addition, the City would add a fourth leg to the signal at a cost of approximately $51,250. This would be for the eventual extension of Hospital Drive through the depot property to Clay Street. This would increase the City's share of the signal to $102,500. Marin Ventures/Walgreen's is also willing to design the signal and install it during construction of its retail store. This will result in an added cost to them, but a cost savings to both the City and other property owners in the area of benefit. Long Term Strategy: The installation of a traffic signal will provide immediate benefit to the traffic at the intersection of East Perkins Street and Hospital Drive. Staff is proposing to fund the City's 25% share, as well as the $124,914 share of other property owners in the area of benefit upfront with the Matin Ventures/Walgreen's share to ensure the installation of the signal during construction of the retail store project. Staff will return to Council to seek approval of a formal Capital Tmprovement Program for the area of benefit to recoup the advanced $124,914 cost as future development occurs. Staff is also evaluating the cost of the fourth leg of the signal and may address it in the Capital Tmprovement Program. This is one typical way that local governments complete infrastructure improvements, and is authorized by Assembly Bill 1600. Source of City Funds: The Council has options in terms of funding sources for the City's share of the traffic signal. The funds could come from Fund 699 (Special Projects Reserve), the City's Surface Transportation Program [STP d (1)] account, or other source identified by the Council. Staff recommends using Special Project Reserve (699) Funds and approving a budget amendment to reflect the use of those funds. The Department of Public Works has indicated that there is approximately $442,919 in the Surface Transportation Program account (attachment 5). This money is typically used for street rehabilitation, hazard elimination, ADA curb ramps, street and traffic infrastructure maintenance and replacement, and other similar projects on collector and arterial (major) streets. Public Works Staff have indicated that a traffic signal meets the criteria for this type of funding. Agreement: An agreement with the developers of the Walgreen's project will be necessary to ensure participation, cost sharing, and fulfillment of participant's obligations. If the Council approves the preliminary scope of work, cost sharing approach, and the City's participation, Staff recommends that it direct Staff to prepare an agreement with the developers and present it for the Council's consideration. CONCLUS~'ON: At the City Council's direction, Staff has been working with the Walgreen's developers to coordinate the signalization of the East Perkins Street-Hospital Drive intersection. A preliminary cost estimate has been agreed upon, and a cost sharing approach involving the City, the project applicants and other property owners in the area of benefit has been established. Staff is seeking the Council's acceptance of the preliminary cost estimate and approach to sharing the cost, and a budget amendment using Fund 699 Special Project Reserves to fund the project. Staff prepared to return to the Council with an agreement with the developer to share the cost, and a Capital Tmprovement Program/Study to recoup the City's upfront payment of the required contributions of other property owners in the area of benefit. December 8, 2005 Charley, Diana, & Tim, Attachment Following up on your request and our previous conversations, we've put together a quick outline of the terms we've collectively agreed should be presented to City Council for consideration and approval: 1. MV will have the signal improvements designed and permitted. 2. MV will contract for and oversee the construction of the signal improvements, in conjunction with the construction of the redevelopment of 308/310 E Perkins Street. 3. MV will pay it's prorata share of the cost of the signal improvements for a three (3) leg signal which is 14.1% pursuant to Staff's spread sheet allocation dated December 1st. 4. City will pay the balance of the funds required for the construction of the signal improvements (100% of the cost of the 4th leg, and the balance of the prorata portion of the three (3) leg signal improvements (85.9%)) to be paid in conjunction with the construction of the signal improvements. 5. City will be responsible for the allocation, assessment and collection of traffic signal improvement costs from all other adjacent land owners, in accordance with the Staff's spreadsheet allocation dated December 1st. 5. City Staff will review budget with City Manager to determine which City budget accounts the signal funds should come from. 6. City Planning and Public Works Departments will co- present the project to the City Council. No public noticing required. As previously discussed, we have submitted a design for a four- way signal at the City's request and with the understanding that the City will pay for all costs associated with the fourth leg of the signal, since the fourth leg is not required to be signalized pursuant to the Caltrans Signal Manual. Should this not be the case, the plans will be revised accordingly to reflect a three leg signal. It is our collective goal that the traffic signal approved and permitted prior to the City Council meeting of January 18th. We look forward to receiving plan check comments to the traffic signal plans by December 15th. We have attached a preliminary opinion of probable construction cost for the signal improvements prepared by TJKM, dated December 8th for your information. Please confirm that staff is in concurrence with the above terms and let us know what we can do to assist you in preparing the package for the City Council by January 10th in anticipation of the January 18th City Council hearing. We appreciate your assistance. Best Regards, Grant Matin Ventures Attachment ENGINEER'S PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST HOSPITAL DRIVE AND PERKINS STREET TRAFFIC SIGNAL INSTALLATION TJKM 88-o12 12/8/20o5 Item Item of Work Unit Quantity Probable Cost Probable Total No. Traffic Control LS 1 $10,000.00 $10,000.0C Pullbox No.5 EA 6 $800.00 $4,800.0C Ped Barricade F_A 2 $1,500.00 $3,000.0C 19-4-129, 25' EA 2 $13,000.00 $26,000.0C Type 15 EA 1 $4,000.00 $4,000.0C PPB Pole EA 1 $1,500.00 $1,500.0C Type lB Pole EA 3 $2,000.00 $6,000.0C !Conduit LF 500 $35.00 $17,500.0(; 0 Pullbox No.6 EA 1 $1,000.00 $1,000.0C 1 Controller LS 1 $16,000.00 $16,000.0(; 2 Service LS 1 $3,000.00 $3,000.0C 3 I Conductors LS 1 $10,000.00 $10,000.0C 4 Ped Head EA 6 $500.00 $3,000.0(; 5 Pedestrian Pushbutton (PPB) EA 6 $300.00 $1,800.0C 6 Signs EA 6 $500.00 $3,000.0(; 7 Signal Head EA 8 $1,000.00 $8,000.0C 18 Video Detection System LS 1 $30,000.00 $30,000.0£ 9 Striping LS I $2,400.00 $2,400.0¢ 20 Wheelchair Ramp EA 2 $2,000.00 $4,000.0¢ Probable construction cost at 65% design LS=LUMP SUM EA=EACH LF=LINEAR FOOT Lump sum sub-total Contingency, approx. 30% $155,000.00 $50,000.00 Lump sum cost $205,000.00 Note: a preliminary estimate of cost share for the signal cost of the fourth leg of the intersection should reasonably be expected to be about $50,000, whi ch is approximately one fourth of the total. Cost share of fourth leg $50,000.00 PARCELS PARTICIPATiAI~'~hmer'' # ~ TRAFFIC SIGNAL AT HOSPITAL AND PERKINS 0 145 290 580 870 1,160 Feet Attachment # Or~ u.~: o~Z 0,~ OU~ ~_0 Zl o o o o Attachment Z , t.L. Z DF- Orr 0 }...m AGENDA SUMMARY ITEM NO. 9c DATE: January 18, 2006 REPORT SUBJECT: REQUEST FOR APPROVAL TO HIRE EXECUTIVE RECRUITMENT FIRM FOR DIRECTOR OF PUBLIC UTILITIES VACANCY Background The Director of Public Utilities position is currently vacant, due to the recent resignation of Bernie Ziemianek. This position has traditionally been hard to fill, not only in the City of Ukiah, but for other public agencies as well, due to the broad scope of responsibility and professional expertise required of the position. The Director of Public Utilities directs, plans, manages and coordinates the operations of the City's electric utility, water and sewer, water treatment, and wastewater treatment facilities, providing oversight of the field service programs and activities, supervising personnel, and developing and managing capital improvement projects for all the utilities. Due to the multiple capital improvement projects pending and the broad scope of issues currently facing the Public Utility Department, it is critical that the City locate a qualified candidate to fill this vacancy as soon as possible. Staff is therefore requesting approval to hire an executive recruitment firm, specializing in the recruitment of executives and industry experts for the electric and water utilities. While it is quite common for public agencies, such as Mendocino County, to retain executive search firms for management level and hard-to-fill positions, the City of Ukiah has always tried to keep recruiting costs down by recruiting these positions through our regular personnel process. The downside to this method is comparatively limited recruitment resources and, many times, the need to extend a recruitment two to three times in order to get a viable pool of qualified candidates, while the position remains vacant. The City has not hired an outside recruitment firm in approximately 15 years. The benefit of using an executive search firm is their ability to draw from large, currently maintained databases of public utility executives meeting our qualifications, utilizing consultants trained in the public utility industry to contact potential candidates, perform background and reference investigations, then pre-interviews to ultimately provide the City with a "short list~' of pre- qualified candidates to interview and select from. (Continued on Next Page) RECOMMENDED ACTION: Council to authorize hiring Mycoff & Associates to fill the current Director of Public Utilities vacancy. ALTERNATIVE COUNCIL RECOMMENDATIONS: Do not authorize hiring Mycoff & Associates; refer to staff for additional information. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Melody Harris, Personnel Director Candace Horsley, City Manager 1. Director of Public Utilities Job Description 2. Proposal from Mycoff & Associates for Director of Public Utilites 3. Proposal from L.B. Hayhurst & Associates for Director of Public Utilities APPROVED! ~ t_.,~ Ci~anagerCandace Horsley, 3: PE R~,S RExecRecruitPU D VACANCY ANNOUNCEMENT Attachment #1 DIRECTOR OF PUBLIC UTILITIES (Exempt/At-Will Department Head Position) DEFINITION Under the administrative direction of the City Manager, plan, direct, manage, and coordinate the various Public Utility facilities, field service programs, and activities; to supervise professional and sub-professional level engineering personnel in daily office assistance; to plan and develop capital improvement projects for water, sewer, wastewater and electric utilities; and to do related work as assigned. EXAMPLES OF DUTIES ( These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E) Essential Duty; (M) Major Portion of Time - Plans, organizes, directs and evaluates all power resources including analysis, selection and contract negotiations. (E,M) - Plans, organizes, directs and evaluates all electrical transmission and distribution systems activities including the construction, operation and maintenance of the City's electrical distribution system, water production and distribution system, sewer collection system and wastewater treatment facilities. (E,M) - Develops departmental goals, objectives, policies, and priorities. (E,M) - Actively leads Department personnel in evaluating the need for and developing plans and schedules for various maintenance and long- range utility programs to prepare for future water and electric needs of the City. (E,M) - Prepares staff reports, resolutions, ordinances, studies, and recommendations. (E) - Advises developers and contractors regarding technical requirements for electric, water and sewer services; acts as technical advisor to City Council, Public Utilities Commission, and Department Heads on Electric and Water utility problems. (E) - Responds to citizen complaints and questions, and provide technical information. - Directs, through the supervisors, crews engaged in water, sewer and electric repairs and construction activities, including repair of water leaks, main replacements, manhole installation and repair and maintenance of electrical system. (E,M) - Represents the city before the citizens, elected officials and community groups on utility matters. (E) - Participates on a variety of boards and commissions; attends and participates in professional groups and committees. (E) - Prepares and administers the water, sewer and electric department budgets; directs the forecast of funds needed for staffing, equipment, materials and supplies. (M) - Supervises, trains, and evaluates assigned staff. Provides or coordinates staff training. (E) - Prepares comprehensive written reports and statistical support data related to utility projects and programs. (E,M) - Supervises preparation of plans, projects and engineering work performed by staff members. (E,M) - Coordinates engineering activities and field service programs with other city departments and divisions and with outside agencies. (M) - Other duties as assigned. QUALIFICATIONS Knowledge of: - Principles and practices of electrical, water, sewer and wastewater engineering as applied to the design and construction of electrical distribution, transmission and generation; water production and distribution; sewer collection and wastewater treatment systems. - Methods, equipment and materials used in the installation, maintenance and repair of electrical, water, sewer and wastewater systems. - Relevant regulatory codes and laws related to the development, construction and operation of water, sanitary sewer and wastewater treatment, and electric utilities. - Traffic signs and electrical equipment used in traffic control systems. - Principles and practices of organization, administration, budget, and personnel management. Ability to: Plan, organize, staff and direct supervise a city-wide program of public utility activities in a manner conducive to full performance and high morale; read and interpret construction plans and specifications; plan and supervise the work of construction and operating personnel; perform technical engineering work of a complex nature; communicate clearly and concisely, orally and in writing; properly interpret and make decisions in accordance with laws, regulations, and policies; select, supervise, train, and evaluate staff; prepare comprehensive and complex technical reports; establish cooperative and effective working relations with subordinates, public groups and organizations, city officials, and other governmental agencies. EXPERIENCE Five years of progressively responsible professional work experience in the field of electrical engineering and public utilities construction and maintenance, with at least three years of experience in public utilities management, or in an administrative capacity in municipal or county government. EDUCATION Equivalent to a Bachelor's Degree from an accredited college or university in electrical engineering. SPECIAL REQUIREMENTS - Valid California Class-C Driver's License - Possession of, or ability to obtain, a certificate of registration as a professional electrical engineer preferred. 3 :\recruit\diq~ubutil 9/03 Attachment//2 General Management Search Services Proposal City of Ukiah Utility Director January 6, 2006 26689 Pleasant Park Road · Suite 260 · Conifer, Colorado 80433 · 303-838-7445 · Fax 303-838-7428 mail@mycoffassociates.com · www. mycoffassociates.com General Management Search Services Proposal City of Ukiah Utility Director January 6, 2006 Objective Mycoff & Associates will conduct a comprehensive general management search to recruit a Utility Director for the City of Ukiah in Ukiah, California. Mycoff & Associates Overview Founded in 1974, Mycoff & Associates has become a recognized leader in the recruitment of executives, management personnel, and industry experts for the electric, natural gas, and water industries. We are typically selected by clients who require executive search services from a firm with substantive knowledge of the industries listed. Our clients include investor-owned utilities, rural cooperatives, public power organizations, transmission companies, independent system operators, reliability organizations, transmission companies, non-utility generators, energy marketers, and consultants who serve these firms. As a "boutique" firm with a staff of seven, we are students of the listed industries constantly monitoring organizations to determine successful practices and results. We maintain an extensive database of 40,000 executives, management personnel, and industry experts in every region of the country. We successfully completed assignments for Presidents and Chief Executive Officers, Chief Operating Officers, Chief Financial Officers, Senior Vice Presidents, Vice Presidents, Directors, Managers, and various industry experts. Attached is a partial listing of some of our completed engagements, which provides specific examples of searches we successfully completed along with contact information so our performance can be verified. Mycoff & Associates is proud of the repeat business we enjoy with our clients, which we feel is the true measure of performance. Mycoff & Associates' Staff Based on availability, one of Mycoff & Associates' four Principal & Senior Associates, Eric Dolven, Steve Dowdy, Scott Fry or Lanie Prouse, will lead our efforts on this engagement. Eric Dolven's, Steve Dowdy's, Scott Fry's, and Lanie Prouse's profiles are attached. General Management Search Services Proposal Scope of Work To search out suitable candidates and facilitate the selection of a qualified Utility Director, Mycoff & Associates proposes: Information Gathering Mycoff & Associates will meet with the City of Ukiah to obtain information regarding: · The goals, responsibilities and duties of the Utility Director. · The desired training, experience, talents, skills, and personal attributes of the Utility Director. · The City of Ukiah's organization and related operating performance and business strategies. · Organizational information (revenues, financial condition, customers, staff, resources, organizational structure, corporate culture, compensation issues, etc.). · Regional information (location, population, climate, growth rate, culture, cost of living, etc.). Develop a Position Profile Mycoff & Associates will use the gathered information, in consultation with the City of Ukiah, to develop a position profile that describes the Utility Director's goals, responsibilities, and duties; required education, training, experience, and personal abilities; and organizational and regional information. Conduct Recruitment Activities After compiling the information listed under Information Gathering, we will research our extensive database and other resources to identify potential candidates or "leads" to potential candidates. We will call these individuals to determine their suitability or to solicit suggestions of other possible candidates. In some instances, we may place advertisements in suitable publications to solicit individuals not in our database. In all assignments, Mycoff & Associates aggressively recruits minority and female candidates. Mycoff & Associates will conduct telephone interviews with the most promising candidates to investigate the following: · The degree the candidates satisfy the established criteria. · The candidates' level of interest in becoming Utility Director. · The candidates' and their families' attitudes toward a job change and, if necessary, relocation. · The feasibility of a job change and relocation (ease of home sale, retirement plans, family ties, health, etc.). General Management Search Services Proposal · The candidates' current compensation, the cost of living in their present location, and their compensation requirements. We will evaluate candidates and submit credentials of the most qualified. It is difficult to predict a specific number of candidates for a position as market conditions along with individuals' salary and geographic preferences will impact candidate availability. Interview of Candidates After the City of Ukiah reviews the resumes and approves the short list of prospects, Mycoff & Associates will conduct personal interviews with these individuals. We will further evaluate the candidates' suitability and recommend finalists for an interview with the City of Ukiah. Recommendations are documented in an "Interview Report" format that includes a detailed history on each candidate, pertinent logistical facts, and commentary supporting our recommendation. Mycoff & Associates will assist the City of Ukiah in its selection process by: · Scheduling interviews. · Facilitating the City of Ukiah's interviews. · Notifying candidates of their selection or rejection. · Background investigations. · Salary, contract, and employment negotiations. Fees and Expenses Mycoff & Associates' fee is 28% of the annual agreed upon salary of the Utility Director, with a minimum fee of $35,000, plus expenses. The fee is payable at 1/3 in advance; 1/3 when Mycoff & Associates submits the long list of candidates; and the balance when the Utility Director begins employment. Reimbursable expenses will include: · Travel expenses for Mycoff & Associates to meet with the City of Ukiah as described under Information Gathering. · Approved recruitment advertising expenses. · Travel expenses to conduct our personal interviews. · Travel expenses for Mycoff & Associates to attend interviews or additional meetings as requested by the City of Ukiah. The City of Ukiah will incur expenses to interview the finalists in Ukiah, California, and expenses to relocate the selected individual. Mycoff & Associates will incur telephone, postage, printing, and other administrative expenses. Additional Information Guarantee General Management Search Services Proposal Mycoff & Associates will conduct an additional search for no additional fee should the candidate we recommend terminate employment for any reason other than lack of work, illness, injury, or death within one year of the employment date. Cancellation The City of Ukiah or Mycoff & Associates may cancel this agreement at any time. If the City of Ukiah employs any of the candidates submitted by Mycoff & Associates later, the City of Ukiah will pay Mycoff & Associates the fee described above. Indemnification Mycoff & Associates and the City of Ukiah will mutually indemnify each other. Other Information Mycoff & Associates is sensitive to the candidates' need for confidentiality and will not reveal identities until it is appropriate. We take special care to not jeopardize anyone's present employment or to hinder our clients' capabilities. Background investigations will include verifying education and employment records shown on candidates' resumes, applications, and interview documents. Mycoff & Associates adheres to all laws applicable to recruitment and employment and maintains on-going customary insurance policies. Mycoff & Associates will provide the City of Ukiah with status reports throughout the recruitment process. Approvals Mycoff & Associates Signature, Name, Title, and Date City of Ukiah Mycoff & Associates Completed Engagements Henderson Municipal Power & Light General Manager (2006) Contact: Dr. William Smith Chairman of the Board Henderson Municipal Power & Light (HMP&L) 100 Fifth Street PO Box 8 Henderson, KY 42419-0008 (270) 860-2112 Big Rivers Electric Corporation Chief Financial Officer (current) Contact: Mr. Michael Core President & CEO Big Rivers Electric Corporation 201 Third Street PO Box 24 Henderson, KY 42419-0024 (270) 827-2561 Massachusetts Municipal Wholesale Electric Company (MMWEC) Chief Executive Officer (current) Contact: Mr. Mark Kelly General Manager Middleton Municipal Light Department 197 North Main Street Middleton, MA 01949-1655 (978) 774-4313 Wyandotte Department of Municipal Services General Manager (2006) Contact: Mr. Stan Rutkowski Board Commissioner Wyandotte Dept. of Municipal Services 3005 Biddle Street Wyandotte, MT 48192-0658 (734) 775-7884 Mycoff & Associates Completed Engagements City Utilities of Springfield, MO Chief Operating Officer (current) General Manager (CEO) (2002) Assistant General Manager- Electric (2002) Contact Mr. John R, Twitty General Manager City Utilities of Springfield 301 E. Central Springfield, MO 65801 (417) 831-8714 Loup River Public Power District President & Chief Executive Officer (2005) Contact: Mr. Dick Tooley Chairman of the Board Loup River Public Power District 2404 15th Street, PO Box 988 Columbus, NE 68602-0988 (402) 564-7205 Imperial Irrigation District (IID) Power Manager/COO of the electric utility (2003) Deputy Manager, Energy Department (2004) Superintendent General Supply & Trading (2004) Director of Regulatory Affairs (2004) Superintendent, Transmission Contracts (current) Contact: Mr. Glenn O. Steiger Power Manager Tmperial Trrigation District 333 East Bariono Blvd P. O. Box 937 Tmperial, CA 92251 (760) 339-9550 Mycoff & Associates Completed Engagements Northern California Power Agency (NCPA) Chief Financial Officer (2005) Assistant General Manager of Generation (VP) (2004) Director Legislative & Regulatory Affairs (2001) Contact: Mr. James H. Pope General Manager 385 Bryan Drive Alamo, CA 94507 (916) 781-4200 Redding Electric Utility Distribution Manager Contact: Mr. James Feider Electric Utility Director Redding Electric Utility 777 Cypress Avenue PO Box 496071 Redding, CA 96049-6071 San Antonio City Public Service (CPS) General Counsel (2003) Senior Vice President of Transmission & Distribution (2003) Senior Vice President of Tnformation Technology & Business Services (2003) Senior Vice President of Generation (2004) Vice President of Human Resources (2002) Vice President of Transmission (2001) Controller (2002) Contact: Mr. Milton B. Lee General Manager & CEO San Antonio City Public Service 145 Navarro San Antonio TX 78296 (210) 353-4488 Mycoff & Associates Completed Engagements Nebraska Public Power District (NPPD) President & CEO (2002, 1995 & 1989) Vice President of Marketing & Corporate Development (1997) General Counsel (1995) Plant Manager (2002) Station Chemist- Sheldon (2003) Station Chemist- GGS (2004) Scheduler (2003) Contracts Specialist (2002) Chief :Information Officer (2001) Fossil Engineering Manager (2000) Training Manager (2000) Logistics Manager (1999) Manager of Human Resources (1998) Manager of Rates and Pricing (1998) Telecommunications Engineering Supervisor (1998 & 2004) Resource Planning Manager (1997) Contact: Mr. Wayne Boyd Chairman, Board of Directors Nebraska Public Power District Home: 300 South Fork Place South Sioux City, NE 68776 (402) 494-3055 Mr. William .1. Fehrman President & CEO Nebraska Public Power District 1414 15th St. S., PO Box 499 Columbus, NE 68601 (308) 535-5320 City of Pasadena, CA General Manager (CEO) for Dept. of Water and Power (2001) Distribution Engineering Manager (current) Wholesale Operations Manager for Dept. of Water and Power (2002) Contact: Ms. Cynthia Kurtz City Manager City of Pasadena, CA 100 North Garfield Pasadena, CA 91109 (626) 744-4333 Mycoff & Associates Completed Engagements City of Anaheim, CA Department of Water & Power General Manager (CEO) (2000 & 1990) General Manager (1990) Asst. General Manager of Finance & Administration (CFO) (2001) Asst. General Manager of Water Services (1997) Asst. General Manager of Electric Services (1996) Finance & Accounting Manager (2005) Contact: Mr. Rick Hall Human Resources Manager City of Anaheim, CA Dept. of Water & Power 200 South Anaheim Blvd., Suite #322 Anaheim, CA 92805 (714) 765-4441 City of Glendale, CA Director of Public Service (2000) Contact: Mr. James Starbird City Manager City of Glendale 613 East Broadway, Suite 200 Glendale, CA 91206-4392 (818) 548-4844 Southern California Public Power Authority (SCPPA) Executive Director (2000) Contact: Mr. Joseph Hsu Chairman of the Board of Director Southern CA Public Power Authority Director of Utilities Azusa Light & Power 729 N. Azusa Avenue PO Box 9500 Azusa, CA 91702-9500 (626) 812-5219 Mycoff & Associates Completed Engagements Los Angeles Dept. of Water and Power (LADWP) Chief Financial Officer (1992) Contact: Mr. Daniel W. Waters Former General Manager & CEO LADWP Home: 25458 Via Adorna Valencia, CA 91355 (661) 255-1446 Mycoff & Associates' Biographies Carl A. Mycoff Carl A. Mycoff is the founder and President of Mycoff & Associates. Mr. Mycoff formed Mycoff & Associates in 1974 to specialize in executive recruitment for the electric, gas, water, and wastewater industries. He personally completed and managed searches for Presidents and Chief Executive Officers, Chief Operating Officers, Chief Financial Officer, Executive Vice Presidents, Vice Presidents, General Managers, Directors, Managers, Supervisors, and other key level expert personnel. Clients include: investor owned utilities, municipal utilities and joint action agencies, rural cooperative utilities and generation and transmission cooperatives, non-utility generators, energy marketers, railroads, coal mining concerns, and consulting and engineering firms. Prior to founding Mycoff & Associates, Mr. Mycoff worked at Gilbert/Commonwealth where he supervised the recruitment of personnel to design and construct nuclear, fossil, and hydroelectric' generating facilities, electric transmission facilities, and management consultants who performed financial, rate, and planning .studies. Mr. Mycoff obtained his Bachelor's of Science in Economics from Juniata College in 1969. He served as President and Director of the Rocky Mountain Electric League (RMEL) and is a member of the American Public Power Association (APPA). Mr. Mycoff authored the cover article "The Brain Drain Threat" for Public Power Magazine's volume 61, number 1, JanUary-February 2003. Stephen C. Dowdy Since joining Mycoff & Associates in 1987, Stephen C. Dowdy has completed searches for Presidents and Chief Executive Officers, Chief Operating Officers, Chief Financial Officers, Executive Vice Presidents, Vice Presidents, General Managers, Directors, Managers, Supervisors, and other key level expert personnel. Clients include: investor owned utilities, municipal utilities and joint action agencies, rural cooperative utilities and generation and transmission cooperatives, non-utility generators, energy marketers, railroads, coal mining concerns, and consulting and engineering firms. Prior to joining Mycoff & Associates, Mr. Dowdy worked in cOnstruction management and attended Mesa College pursuing studies in Political Science Mr. Dowdy is an Associate Member of the Rocky Mountain Electric League (RMEL); Associate Member of the American Public Gas Association (APGA); and a Member of the National Association of Corrosion Engineers (NACE) and American Compensation Association (ACA). Mycoff & Associates' Biographies Eric B. Dolven Eric B. Dolven joined Mycoff & Associates in 1996. He recruited executive and management personnel for investor owned utilities, municipal agencies and joint action agencies, rural cooperative utilities and generation and transmission cooperatives, utility consultants, and public works organizations. He completed searches for Presidents, Chief Financial Officers, numerous senior managers, mid managers, supervisors and expert personnel in fossil generation, bulk system operations, and electric transmission and distribution. Mr. Dolven's prior experience is in earth sciences. He attended Fort Lewis College and Colorado State University pursuing studies in Computer Information Systems. Mr. Dolven is a member of' IEEE and Associate Member of the Rocky Mountain Electric League (RMEL). Scott A. Fry Scott A. Fry started with Mycoff & Associates in 1996. He recruited personnel for: municipal utilities, rural cooperative utilities, and utility consultants. He completed searches for Presidents, Chief Operating Officers, General Managers, Directors, VP level positions, and mid-level Managers for clients in electric, water, telecommunication, corrosion, and other professional disciplines. Mr. Fry's previous experience is in construction management. In addition, he completed Psychology courses at the University of Colorado. Mr. Fry is an Associate Member of the Rocky Mountain Electric League (RMEL) and American Water Works Association (AWWA), and a Member of Building Industry Consulting Services International (BICSI). Lanie L. Prouse Lanie L. Prouse joined Mycoff & Associates in 1996. She recruited personnel for investor-owned utilities, municipal utilities, joint action agencies, rural cooperative utilities, statewide agencies, and utility consultants. She completed searches for Chief Executive Officers, General Managers, Chief Operating Officers, Chief Financial Officers, Vice Presidents, Directors, and mid-level managers of transmission, distribution, marketing and customer service, and other professional disciplines. Ms. Prouse's prior experience is in marketing management for a restaurant franchise and a computer hardware company. She obtained her Bachelor's of Science in Marketing from the University of Colorado in 1992. Ms. Prouse serves on the Board of Directors for the Rocky Mountain Electric League (RMEL) and is currently President' Elect. Ms. Prouse is also an Associate member of American Public Power Association (APPA). Attachment #3 January 5, 2006 Melody Harris Human Resources Director City of Ukiah Sent via email to: melodyh@cityofukiah.com Dear Ms. Harris: Thank you for the invitation to submit this information. The purpose of this letter is to briefly describe to you and the Council our firm's scope of service and professional approach that we would bring to the City's executive search for a new Public Utilities Director. First, let me start by describing several important reasons why we believe our firm is the best choice for this pro- ject. . We believe in aggressive, energetic marketing in order to attract those qualified people who are not actively looking for a new job. In addition to advertising and networking, we will make sure to directly alert hundreds of qualified professionals on the west coast to this great career opportunity. . The President of our firm is Project Manager for this important project and has over 20 years of professional, public sector recruiting experience and has successfully placed hundreds of executives, managers and professionals. . We have many repeat clients, who have asked us to fill several different positions for them. We believe in working very closely with our clients and have an excellent reputation of finding executives ideally suited for their new position and community. A good match helps ensure a long-term administrator. . We understand budget uncertainties and have quoted a price range where we are fairly compensated yet still affordable for the City. Additionally, please be sure to notice the several "value added" services we offer at no additional professional fee. We look forward to presenting a full proposal with client information and reference contacts, as well as information and biographies of project staff. Sincerely, //s// Carolyn Hayhurst Vice President CH/s Attachment L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 THE FIRM L.B. HAYHURST & ASSOCIATES, Inc. 27 Commercial Blvd, Suite C - Novato, CA 94949 Phone: (415) 884-0544- Fax: (415) 884-0533 Web page: www.human-resource.com- www.classandcomp.com This firm is a California Corporation. The Corporate Officers are: Lonnie B. Hayhurst, President and Chief Executive Officer Email: Lonnie(&LBHayhurst.com- Cell phone: (415) 730-9830' Carolyn D. Hayhurst, Vice President and Chief Financial Officer Email: Carolyn(&LBHayhurst.com - Cell phone: (415) 730-0548 With over 20 years of professional recruiting experience and having successfully re- cruited hundreds of executive, management and professional level positions over the course of his career, Lonnie Hayhurst established the firm in 1992. Since beginning full- time operation in 1994, the firm has completed numerous executive-level recruitments bringing a commitment of excellence, professionalism and confidentiality to our clients. L.B. HAYHURST & ASSOCIATES, Inc. is comprised of twelve staff members and as- sociates (individual subcontractors) who are experienced and highly distinguished man- agement and human resource professionals. In addition to our executive search services, the firm has been providing a variety of other consulting services to public agencies and private industry. We are a full service, multi- disciplined consulting firm providing a full array of services to resolve our clients' issues. SCOPE OF SERVICES Our scope of services for the City's anticipated recruitment is encompassing and thor- ough. Our proposed tasks will effectively address all of the City's goals and objectives for this search. The tasks will ensure a qualified and diverse pool of candidates who meet the needs of the community they will serve and embody the characteristics of the organi- zation they will help lead. Briefly outlined, our scope of services will include: In-depth meetings with City officials will be held to gather background information and identify the ideal candidate profile. We will also be available for meetings with other stakeholders as desired by the City. We will develop agency, position and ideal candidate profiles that will incor- porate gathered information and reflect the City's requirements for the posi- tion. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Development and distribution of advertising materials will be provided for a west coast search, including a mailing from our extensive proprietary lists and posting on the Internet, as appropriate. Advertisement materials will in- clude the above profiles, compensation package and other relevant informa- tion. We will approach a significant number of highly qualified individuals from our proprietary database and through networking. These individuals may not currently be looking for a new position but may be enticed to consider the ex- citing opportunity. Networking with potential candidates will be a major factor in soliciting in- terest and/or additional potential candidates. We will conduct all recruitment activities with the goal of attracting a diverse pool of qualified candidates. Screening of applicants will be provided to identify the most qualified indi- viduals from the group. Subsequently, we will schedule interviews with indi- viduals to further determine each candidate's qualifications. Preparation of a detailed summary of each finalist will be provided. The summary consists of biographical information, chronological experience and an analysis and appraisal of the candidate's skills, abilities and personal traits. The Project Manager will conduct and document thorough professional past and reference checks on the top candidate(s), which include a Social Security trace, name, and degree verification and DMV, public record criminal, inter- net, and credit checks. Administration of the final selection process will include providing all neces- sary support during interview process and overall facilitation of job offer and acceptance. As part of our "Value Added Services" for no additional cost, we will perform a salary survey for the position, if desired, and provide post-hire personality profiling and goal setting session. · We willprovide regular status updates to the City. We will continuously provide information in written form to all interested candidates regarding their position in the selection process. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 VALUE ADDED SERVICES: (The following services are offered at no additional professional fee.) · Salary andBenefit Survey As part of a successful recruitment, selection and job offer process, a survey is often needed to assure the City is competitive in terms of similar agencies' salaries and bene- fits. As part of our services, if the City wishes, we will survey appropriate comparable agencies to be sure the compensation package offered is appropriate. · Post-Hire, Personality Profiling If the City wishes, we will administer a post-hire Myers-Briggs personality-profiling in- strument. This instrument can help the City gain a deeper insight into the new manager's management style. · Post-Hire, Goal-Setting Workshop If desired, the Project Manager will facilitate a post-hire goal-setting workshop with the City and the newly appointed Public Utilities Director. Getting to know each other and addressing expectations in a facilitated setting will help start the relationship going in the right direction GUARANTEE: Should the selected candidate leave their new position with the City during the first twelve (12) months of employment, L.B. HAYHURST & ASSOCIATES, Inc. will pro- vide professional services in recruiting a replacement at no additional professional fee. Additionally, although our fees and expenses are not contingent upon our success in plac- ing a candidate, we are committed to working with the City until a placement is made. In the unlikely event that none of the finalists are chosen, we will provide another round of recruiting efforts on the City's behalf at no additional professional fee. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 ESTIMATED PROJECT TIMING L.B. HAYHURST & ASSOCIATES, Inc. is responsive to the City's need for a thorough recruitment and selection process to be completed on time. The following is an estimated timeline for all of the tasks listed in the Search Process section of this proposal. It is im- portant to remember that timing of cut-off dates for crucial advertising outlets may influ- ence recruitment opening and closing dates. PHASE I- DA TA COLLECTION/PROFILE DEVELOPMENT: PHASE H- OUTREACH & MARKETING: PHASE III - ADMINISTRATION OF SELECTION: PHASEIV-FACILITATE THEHIRE WEEK#! L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 COST PROPOSAL To follow are the proposed costs to the City of Ukiah for full-Service professional re- cruitment and selection services conducted by L.B. HAYHURST & ASSOCIATES, Inc. for the position of Public Utilities Director. PROFESSIONAL FEE: The following is the preferred payment schedule: Invoice #1 Upon signing of contract 1/3 Invoice #2 After screening of resumes 1/3 Invoice #3 Upon completion of efforts 1/3 Total Professional Fee $15,000 - $18,000 EXPENSES: Additionally, we will require reimbursement for project expenses. Reimbursable ex- penses would be billed only for actual expenses incurred. The estimated range for ex- penses is $6,000 to $8,000. NOTES: · Expenses will be itemized with copies of receipts and documentation, and will be billed only for actual expenses incurred. Expehses will include costs for production and printing of recruitment materials, reproduction, miscellaneous, materials, postage/ delivery charges, advertising expenses, long distance telephone charges, background- check charges, and consultant travel. (Please note that expenses do not include appli- cant travel.) · In the event that more than one individual is hired by the City (i.e., for another posi- tion) from the pool of applicants generated by our efforts, a full professional fee will be due for each additional person hired. PARTIAL-SERVICE RECRUITMENT: If the City wishes to handle certain phases of the recruitment, we can assist with a partial- service recruitment at a lower professional fee. For example, if the City wishes to con- duct the selection and reference/background portions of the recruitment, the professional fee could be reduced to $12,000 - $15,000. We would be please to discuss additional options for collaboration in order to further reduce the costs. L.B. HAYHURST & ASSOCIATES, INC. 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Recruitment/Selection Clients City of Alameda: Associate Civil Engineer Catellus Project Manager General Manager, Alameda Power & Telecom Planning Manager Supervising Civil Engineer - CIP Manager Supervising Civil Engineer- Land Dev. & Transportation Mgr. City of American Canyon: Chief Building Official Director of Planning Director of Human Resources Senior Planner City of Arcata: City Manager Director of Community Development City of Baldwin Park: Community Development Director Bel Marin Keys Community Services District: Project Manager City of Big Bear Lake: Deputy City Manager/Planning and Development Bonita Unified School District: Superintendent of Schools City of Brisbane: Associate Civil Engineer Community Development Director Director of Parks and Recreation Fire Chief Principal Planner City of Clayton: City Manager Chief of Police Director of Community Development L.B. HAYHURST & ASSOCIATES I 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 City of Cloverdale: City Manager Chief of Police City of Crescent City City Manager Coastside County Water District: General Manager Superintendent of Engineering Superintendent of Operations Contra Costa Transportation Agency: Senior Accountant Contra Costa Water District: Director of Planning Human Resources & Risk Manager City of El Cerrito: City Manager City of Fairfield: Assistant Director of Public Works/Transportation Assistant Engineer Assistant Civil Engineer Associate Civil Engineer Community Services Manager- City Arts Community Services Manager- Senior Services Housing Services Supervisor Management Analyst I/II Public Communications Manager Public Works Operations Superintendent Fairfield-Suisun Sewer District: Engineering Technician (Industrial Source Tech) Engineering Technician Environmental Engineer Town of Fairfax: Town Manager City of Fresno: Solid Waste Manager L.B. HAYHURST & ASSOCIATES 2 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Fresno Irrigation District: General Manager Fresno County: Budget Director City of Grover Beach: Community Development Director City of Half Moon Bay: City Manager City of Huntington Park: Finance Director Imperial Irrigation District General Manager City of Indio: City Manager City of Inglewood: Human Resources Director Inyo County: Psychiatrist Kings River Conservation District: General Manager City of La Mirada: Finance Director City of Los Angeles: Administrator, Redevelopment Agency General Manager, Community Development Assistant General Manager, Community Development City of Madera: Associate/Assistant Planner City of Napa: Accounting and Audit Supervisor L.B. HAYHURST & ASSOCIATES 3 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Administrative Assistant (Housing Authority) Associate Planner Building Inspector Chief Building Official Communications Manager Community Development Director Development Engineering Manager Fire Division Chief- Fire Marshal Finance Manager General Manager- Water Division Information Technology Manager Junior Civil Engineer Management Analyst (Personnel) Planning Manager Recreation Coordinator Water Distribution System Supervisor North Coast Railroad Authority: Project Manager City of Norwalk: Director of Human Resources Director of Public Safety City of Novato: City Engineer City of Patterson City Manager Police Chief Peninsula Traffic Congestion Relief Alliance: Executive Director City of Placerville: City Manager Director of Community Development Rodeo Hercules Fire Protection District: Fire Chief/Administrator City of Sacramento: Personnel Services Manager L.B. HAYHURST & ASSOCIATES 4 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 City of San Anselmo: Planning Director San Bernardino County: County Administrative Officer City of San Bruno: Assistant Library Services Director. Building Official City Attorney City Engineer City Manager Human Resources Manager Principal Civil Engineer San Joaquin Valley Air Pollution Control District Executive Director/Ak Pollution Control Officer City of San Jose: Director of Housing Selection services for several positions San Luis Obispo County: Personnel Director City of San Mateo: Deputy Fire Chief Senior Communication Service Supervisor Senior Community Services Supervisor Wastewater Treatment Plant Manager City of Sebastopol: City Manager Solano County: Airport Manager Sonoma County: Deputy Chief Engineer Environmental Resources Manager Principal Engineer Chemist, Water Agency Engineer, Water Agency Operations Coordinator, Water Agency L.B. HAYHURST & ASSOCIATES 5 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Senior Plant Operator, Water Agency South San Joaquin Irrigation District: District Engineer City of Stockton: Selection services City of Vallejo: Finance Director City of West Covina Redevelopment Project Managers (multiple positions) West County Wastewater District: District Manager L.B. HAYHURST & ASSOCIATES 6 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 Current Recruitments in Process City of Crescent City - City Manager City of Napa- Water Distribution System Supervisor San Joaquin Valley Air Pollution Control District- Executive Director City of West Covina- Redevelopment Project Managers (multiple positions) L.B. HAYHURST & ASSOCIATES 7 27 Commercial Blvd., Suite C - Novato, CA 94949 - Phone: 415.884.0544 - Fax: 415.884.0533 AGENDA ITEM NO: 9d MEETING DATE: January 18, 2006 SUMMARY REPORT SUBJECT: DISCUSSION OF THE CIVIC CENTER EVERY-OTHER-FRIDAY CLOSURES--MCCOWEN Councilmember McCowen has requested that this item be agendized for a status update and discussion by the Council. Background: The City Council approved the every-other-Friday closures of the Civic Center in 2004, as a means to save on the City's utility costs. In fiscal year 2004/05 the cost savings were determined to be $11,000 compared to the previous year, 10% above the original estimate. In order to notify the public of the weekly business hours, the Civic Center schedule is posted on the City's website, the closed days are announced on the main telephone system message, and a sign is posted in the parking lot to notify customers before they get out of their cars. Employees that continue to work a Monday-Friday, 8 am to 5 pm schedule include the Parking Enforcement Officers due to the needs of the downtown area. Program Benefits: Beyond the utility savings, other benefits of the program include (1) expanded hours at the Civic Center, starting at 7:30 am allowing customers time to come in before their own workday begins (2) reduction in sick leave usage (3) better coordination for full-strength staffing on the days that the Civic Center is open for business, (4) reduced gasoline usage for commuting to work and (5) enhanced employee morale. RECOMMENDED ACTION: Discuss and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Attachments: Chamber of Commerce, ECMC Councilmember McCowen Candace Horsley, City Manager Surveys and results Approved:~)~~'(,~ ~-",~ CandaceCity~MHorsley, anager The sick leave reductions result from employees scheduling doctor, dental and other appointments on the flex Fridays. The new schedule has also provided better coordination for full-strength staffing on the days that the CiVic Center is open for business. Flex schedules had been in place as negotiated with the various employee unions before the Friday closure schedule resulting in reduced staffing levels on all Fridays. Reductions in commuting days have become more significant as gasoline costs have increased. Additionally, the increased workload the City staff has experienced in the last ten years along with a reduction in staffing and resources due to budget restraints has become more tolerable with the current work schedule. Even though the workday is nine hours or longer, many of the employees have expressed their opinion that having the three day weekend twice a month has improved morale tremendously. Program Limitations: Some of the limitations of the program include (1) confusion on what days the City is open, (2) scheduling of building inspection services and (3) making utility payments on the last day before utilities are turned off. In order to notify the public of the business hours that are now available, the City continues to publish business hours on the City's website, announce closed days on the main telephone message system and post the parking lot. As the program matures, customers have become accustom to the closures and confusion has diminished. The Community Development Director now makes sure that we have backup building inspection services if the Building Inspector is on vacation so that there will be full building inspection services available for the days that we are open. According to the Building Department, there have been very few complaints since these accommodations for building inspections have been made. Finance Department services also have provided accommodations for the schedule so that if a customer's final bill is due on a closed day, the deadline is extended until the following Monday to provide an extra day to pay the bill. Once the original glitches in the program were addressed, we have had very few complaints to the staff about the program. Recent Events: I was recently contacted by the Director of the regional Builders Exchange office in Santa Rosa as one of their Board members from Ukiah evidently had concerns. In our conversation I expressed my interest in candidly resolving any real problems with the service levels and reinforced our willingness to look at adjustments we could make to meet the community's needs. However, we also agreed that we needed to accurately determine perception versus reality on this issue. The North Coast Builders Exchange and Employer's Council of Mendocino County formed a sub-committee with the Chamber of Commerce to put out a one-minute survey to their members which is attached for Council review. The survey stated that the City was now closed every-other-Friday and that they had heard there were some concerns. Their members were asked to mark the boxes that applied: 1) I would prefer that all City departments be open from Mon. through Fri. each week 2) I have no objection to City Hall closing every other Friday 3) I and/or my business have been inconvenienced at some time in the past of the City's closure every other Friday Prior to dissemination, the Chamber gave us an opportunity to review the survey. Staff sent back a response suggesting it might be more appropriate to mention that even though the Civic Center was closed every-other-Friday that the daily hours were now extended to 7:30 am. The survey respondents should be given the choice of which option was more important to them. The subcommittee reviewed this suggestion but chose not to include it in their survey. We have received the results of the Employer's Council's poll, which is also attached for your information. According to their accounting of the 104 responses: 54% said they prefer the offices to be open on Fridays 43% said they had no objection to Friday closing 3% had no response. The ECMC is following up with phone calls to those who had indicated they had been inconvenienced. To expand on the breadth of the response and capture other public members that use City services besides the business community, City staff put out a survey at the front counter area, which is attached for Council's review that included the additional option of the 7:30 am opening. The results of that survey are as follows: 1) Which one of the following options do you prefer for the City Hall business hours? 45% preferred the 7:30 am schedule 25% preferred 8 am to 5 pm 25% voiced no preference 5% had no response 2) I and/or my business have been inconvenienced by the City Hall business hours? 82% no 14% yes 4% no response Summary: This program has been in place for the last year-and-a-half. Based on the response of the public when given the choice of the two business schedules, it appears that the 7:30 am opening time is appreciated and desired by the community. If we were to open every Friday we would lose the extra work hour and would not realistically be able to offer the 7:30 am opening time. The Council will need to make a decision on which service they feel is most appropriate and meets the needs of the public within the City's budget and staffing limitations. Civic Center Business Hours Survey City of Ukiah As you may know, most of the departments at the City of Ukiah offices are on a work schedule that has City Hall closed every other Friday. However, City Hall is now open at 7:30 am to allow customers to come in before their own workday begins. In an effort to provide the best service to our community, we would like your response to the following questions about these hours of operation. Survey Questions: 1. Which one of the following options do you prefer for the City Hall business hours (please select one): The current expanded hours of 7:30 am to 5:00 pm Monday through Friday with every other Friday closed. 1-1 8:00 am to 5:00 pm Monday through Friday r-i No opinion' 2. I and/or my business have been inconvenienced by the City Hall business hours I-1 Yes r-1 No If yes, please explain: Thank you for your time. 0 ~ o ~ o c- O © E o G o o >- Z Z Please help us by completing our One Minute Survey for members of the: Greater Ukiah Chamber of Commerce Employers Council of Mendocino County North Coast Builders Exchange As you may know, most of the departments at the City of Ukiah offices are on a work schedule that has City Hall closed every other Friday. We have heard some concerns voiced about the hours the City maintains, and we would like your opinion on their schedule so that we can report the results to the City Council and staff. Please take a moment to fill out this brief survey and mark the boxes that apply. Then fax it to the number at the bottom of this page. Thank you! [~1 I would prefer that all City departments be open from Monday through Friday each week. I~l I have no objection to City Hall closing every other Friday. and/or my business have been inconvenienced at some time in the past by the City's closure every other Friday. Name Company Please fax this survey to: 462-2088 EMPLOYERS COUNCIL of Mendocino County 12122105 Results of "Friday Closing" Poll Greater Ukiah Chamber of Commerce Employers Council of Mendocino County North Coast Builders Exchange The City of Ukiah has for some time closed most of its offices every other Friday as a cost- saving measure. Each of our organizations has received reports of various problems about this practice from members. We decided to cooperate to poll our members to determine their opinion and experience with this City policy, to tabulate and review the results, and communicate the results to the City and our members. A "One Minute Survey" form was developed (attached) asking members to respond "yes" or "no" to each of three statements: o I would prefer that all City departments be open from Monday through Friday each week. o I have no objection to City Hall closing every other Friday. o I and/or my business have been inconvenienced at some time in the past by the City's closure every other Friday. The questions assume that City offices will be closed for official holidays. The form was faxed to 413 member businesses. 104 responded, a 25% response rate. The response rate was actually higher than that because some faxes didn't go through and some businesses turned out to be not in the region (no count was made of these). Some follow up calls were made to clarify some members' responses. The general response is: Cluestion Number % of Ttl Prefers offices be open Fridays No objection to Friday closings No response 56 54% 45 43% 3 3% I104 100%] Experienced inconvenience * 35 34% Of the 35 who experienced inconvenience, 29 (83% of those inconvenienced) prefer that City offices remain open on all Fridays, 3 (9%) don't object to Friday closings, and 3 (9%) offered no opinion on whether or not they care if the offices are closed on Fridays. * We are making follow up calls to determine what kind of "inconvenience" was experienced by these 35. Employers Council of Mendocino County · 597B Main Street Ukiah, CA 95482 · (707) 462-5021 · (fax) 462-0318 www.ecmconline.com · ecmc¢~ecmconline.com AGENDA ITEM NO: 9. e MEETING DATE: January 18, 2005 SUMMARY REPORT SUB3ECT: DI'SCUSSI'ON AND REVZEW OF CTrY COUNCI'L COMF4ZTTEE ASS]:GNHENTS In .lanuary, 2005, the City Council assignments were discussed and approved as indicated in Attachment #1. An annual review of these assignments is scheduled for January so that the Council has an opportunity to discuss possible changes due to' such factors as scheduling conflicts or work load. This is an opportunity for Council members to make any adjustments to their Committee assignments as needed or as appropriate, based on the discussion. RECOMMENDED ACTION: Review and discuss assignments making changes as appropraite ALTERNATIVE COUNCIL POLICY OPTIONS: Make no changes Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager 1. Council Committee Assignment List Approved :_..~,~ Candace Horsley, City ~ager 2005 COUNCIL COMMITTEE ASSIGNMENTS Annexation Sub-Committee Ashiku/Rodin City Selection Committee Ashiku City/County Leadership Group Council/County Supervisor Committee Courthouse Facilities Planning Committee Greater Ukiah Chamber of Commerce Liaison Ashiku/Horsley Ashiku/McCowen ON HIATIS Rodin Library Advisory Board Rodin/McCowen Ashiku/McCowen Local Agency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Air Quality Management District PM-10 Incentive Committee Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power Agency (NCPA) Russian River Watershed Association Rodin McCowen/Rodin ON HIATIS Baldwin/Rodin Crane/McCowen Rodin/McCowen Crane/McCowen Rodin/Baldwin Skateboard Park Committee Crane Solid Waste Committee Crane/McCowen Sun House Guild ex officio liaison Baldwin Transmission Agency of Northern California (TANC) Ukiah Investment Oversight Committee Valle~ Sanitation District Crane/McCowen & P.U.Director Ashiku/Rodin Crane/Baldwin Economic Development & Financing Corporation (EDFC) Rodin Finance Review Committee Baldwin Last Updated 1/6/06 Council: Committee Assignments-January 2006 AGENDA ITEM NO: 9f MEETING DATE: January 18, 2006 SUMMARY REPORT SUBJECT: DISCUSSION OF POSSIBLE BALLOT MEASURES FOR THE ]UNE AND NOVEMBER 2006 ELECTIONS Attached for Council's review are the tentative calendars for the June Gubernatorial Primary Election and the November 2006 General Election. This item is being placed on the agenda so that if there are any potential ballot measures, which the Council wishes to include on either of these elections, there will be time for staff to provide the necessary backup for these measures within the timeframe required by the County. Please note that June election ballot measures need to be approved and finalized by February 22nd to be included on the agenda for the March 7, 2006 County Board of Supervisors meeting. The Board must approve the consolidated election to include the City's measures. Costs for the elections, from the County's election office, are estimated at $15,000 to $23,000 for the June election and $20,000 to $25,000 for the November election. However, these are estimates only as the cost to the City is dependent on how many different agencies are participating in any particular election. RECOMMENDED ACTION: Discussion of possible ballot measures for the June and November 2006 elections ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Candace Horsley, City Manager 1. Tentative calendars for the June Gubernatorial Primary Election and the November 2006 General Election Approved: Candace Ro~sley, City'~4~,nager ATTACH~ { I IL_ General Law or Charter Cities General Municipal Election [consolidated with County] June 6, 2006 Laws in effect in 2006 (Calendar laws updated 11/4/2005) I Date(s) I E minus Ito E minusI December 16 -172 January 30 -127 January 30 to February 13 -127 -113 January 31 February 6 -120 February 13 to March 10 -113 -88 February 14 -112 February 15 -111 February 28 -98 March 10 -88 March 10 -88 March 10 -88 March 15 -83 March 15 -83 March 16 -82 March 22 -76 March 23 -75 April 10 to May 23 -57 -14 May 8 to May 30 -29 -7 May 16 -21 May 22 -15 May 23 -14 May 25 -12 May 30 -7 May 31 to June 6 -6 June 5 -1 June 6 o No Later Than July 21 45 July 4 July 21 E+28+17+? 30 days after assuming office July 31 April 1,2007 Action Suggested Last Day to File Petitions Regarding Measure Suggested Last Day for Council to Adopt Resolutions Election Official to Publish Notice of Election - Candidates Last Day to File Campaign Expenditure Statements - Semi-Annual Statement Last Day to Adopt Regulations for Candidates Statements Filing Period for Nomination Papers and Candidate's Statements Suggested Last Day to Call Election For Ballot Measures Suggested Last Day to Post Notice of Deadline for Filing Arguments Suggested Last Day to File Arguments / Must Be 14 days after Council calls Election Suggested Last Day to File Rebuttal Arguments / 10 Days after Arguments Last Day to Call Election For Ballot Measures Last Day to File Nomination Papers Last Day to File Nomination Papers - Extended Filing Period Last Day to Withdraw Measure(s) from Ballot Secretary of State to Determine Order of Names on Ballot Last Day to File Campaign Expenditure Statements - 1st Pre-election Statement Time to Cancel Election - Insufficient Candidates Filing Period for Write-in Candidate Voters May Request Absentee/Vote by Mail Ballots with Regular Applications Last Day to Mail Sample Ballots and Polling Place Notices Last Day to Register to Vote Last Day to File for Write-in Candidate Last Day to File Campaign Expenditure Statements - 2nd Pre-election Statement Last Day for Election Official to Publish' Notice of Nominees Emergency/Late Absent Voting Period Last Day for Council to Adopt Procedures to Resolve Tie Vote ELECTION DAY Last Day to Declare Results & Install Newly Elected Mayor, Councilmember(s), Etc, Reorganize Council and Choose Mayor and Mayor Pro Tem Filing of Statement of Economic Interests Last Day to File Campaign Expenditure Statements - Semi-Annual Statement Last Day to Submit Report on Measures to Secretary of State (R11/14/2005) Prepared by Martin + Chapman Co. www. martinchapman.com Generol Low or Chorter Cities Gen®rol Muni¢ipol Election [consolicfotecl with Count) November 7, 2006 Laws in effect in 2006 (Calendar laws updated 11/4/2005) Date(s) May 19 July 3 July 3 to July 17 July 10 July 17 to August 11 July 18 July 19 July 31 August 1 August 11 August 11 August 11 August 16 August 16 August 17 August 24 September 11 to October 24 October 5 October 9 to October 31 October 17 October 23 October 24 October 26 October 31 November 1 to November 7 November 6 November 7 No Later Than December 22 December 5 December 22 30 days after assuming office January 31,2007 April 1,2007 E minus ] tO E minus~ -172 -127 -127 -113 -120 -113 -88 -112 -111 -98 -88 -88 -88 -83 -83 -82 -75 -57 -14 -33 -29 -7 -21 -15 -14 -12 -7 -6 -1 0 45 E+28+17+? Action Suggested Last Day to File Petitions Regarding Measure Suggested Last Day for Council to Adopt Resolutions Election Official to Publish Notice of Election - Candidates Last Day to Adopt Regulations for Candidates Statements Filing Period for Nomination Papers and Candidate's Statements Suggested Last Day to Call Election For Ballot Measures Suggested Last Day to Post Notice of Deadline for Filing Arguments Last Day to File Campaign Expenditure Statements - Semi-Annual Statement Suggested Last Day to File Arguments / Must Be 14 days after Council calls Election Suggested Last Day to File Rebuttal Arguments / 10 Days after Arguments Last Day to Call Election For Ballot Measures Last Day to File Nomination Papers Last Day to File Nomination Papers - Extended Filing Period Last Day to Withdraw Measure(s) from Ballot Secretary of State to Determine Order of Names on Ballot Time to Cancel Election - Insufficient Candidates Filing Period for Write-in Candidate Last Day to File Campaign Expenditure Statements - 1st Pre-election Statement Voters May Request Absentee/Vote by Mail Ballots with Regular Applications Last Day to Mail Sample Ballots and Polling Place Notices Last Day to Register to Vote Last Day to File for Write-in Candidate Last Day to File Campaign Expenditure Statements - 2nd Pre-election Statement Last Day for Election Official to Publish Notice of Nominees Emergency/Late Absent Voting Period Last Day for Council to Adopt Procedures to Resolve Tie Vote ELECTION DAY Last Day to Declare Results & Install Newly Elected Mayor, Councilmember(s), Etc. Reorganize Council and Choose Mayor and Mayor Pro Tern Filing of Statement of Economic Interests Last Day to File Campaign Expenditure Statements - Semi-Annual Statement Last Day to Submit Report on Measures to Secretary of State (R11/14/2005) Prepared by Martin + Chapman Co. www.martinchapman.com