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HomeMy WebLinkAbout2006-04-05 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 5, 2006 4:45 p.m. 4:45 PM: 6:00 PM: Special Presentation from California Department of Forestry and Fire Protection - Ukiah Air Attack Base - Joint Meeting with Airport Commission Regular Meeting 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PRESENTATION a. Presentation by the Mendocino County Air Quality District 4. APPROVAL OF MINUTES Regular Meeting of March 15, 2006 Si 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 e. go ho 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 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. Notification of the Purchase of Chlorine Products from Pioneer Americas LLC for the Water Treatment Plant b. Approval of Resolution Adopting Principles for Congress and Legislature to Consider in the Development of Telecommunications Reform; Authorize City Manager to Respond to Future Telecom Issues as Needed Consistent With Council Direction c. Report of Disposition of Surplus Materials, Used Equipment and Supplies d. Authorize City Manager to Execute Professional Services Agreement for Land Surveying Services with SHN Consulting Services for Two Year Contract in Amount Not to Exceed $20,000 Report of Acquisition of E-Mail Spam Filtering Software from Cloudmark in the Amount of $8,748 Award of Professional Services Agreement to Whitlock & Weinberger Transportation, Inc. in an Amount Not to Exceed $29,500 to Complete an Update of the City's Speed Zone Surveys Notification Regarding the Award of Bid for 3000 ft. of 750 MCM Aluminum, 600v, Single Conductor Cable, in the Amount of $6,287.21 to Nehring C/O Stephens, McCarthy & Landcaster Award of Professional Services Agreement to Margen & Associates in an Amount Not to Exceed $34,780 to Prepare a Comprehensive Americans with Disabilities Act (ADA) Access Plan Report of Resolution of the Commission of the Northern California Power Agency (NCPA) Approving Expenditure of Ffunds to Complete the Geothermal Unit 3 Scheduled Five-Year Overhaul; Authorize City Manager to Pay City's Proportionate Share of Overhaul from NCPA General Operating Reserve in an Amount of $28,158. Adoption of Resolution Accepting $200,000 in Proposition 40 Funding From Mendocino County First District Supervisor, Jim Wattenburger, for Reconstruction and Restoration of Anton Stadium, City of Ukiah Municipal Pool, Ukiah Skateboard Park and Ukiah Senior Center Recreation Program 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 8. PUBLIC HEARING (6:15 P.M.) None. 1 UNFINISHED BUSINESS a. Continued Discussion and Consideration of an Ordinance Regarding Campaign Reform - Baldwin, Rodin b. Consider Adoption of Resolution Supporting a Grant Application to Mendocino County (Tobacco Settlement Funds) to Design and Construct a Hiking Trail on City Property in the West Hills Area c. Discussion and Scheduling of Second Joint Meeting with Planning Commission to Discuss Draft Revised Hillside Development d. Report on Restoration Efforts and Impacts Resulting from the 2005/2006 Winter Storms 10. NEW BUSINESS a. Annual Review of the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees b. Authorize City Manager to Negotiate and Sign Contract for Five-Year Master Microsoft Server and PC Software License and Complete Purchase of New E- Mail System c. Adoption of Resolution Approving Dissolution of the Mendocino Emergency Services Authority d. Discussion of Various Water Issues Including Trout Unlimited Petition Meetings and the Mendocino County Water Agency Proposed Groundwater Study 11. COUNCIL REPORTS 12. CITY MANAGER/CITY CLERK REPORTS The City of Ukiah complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. 13. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Initiation of litigation, Cal. Government Code §54956.9(c) (2 cases) b. Employee Negotiations: Fire and Electric Units Negotiator: Candace Horsley 14. ADJOURNMENT TTEIVl NO' Workshop DATE: April 5, 2006 AGENDA SUMMARY REPORT SUB3ECT: SPECZAL PRESENTATI'ON FROM THE CALTFORNTA DEPARTMENT OF FORESTRY AND FTRE PROTECTTON - UKTAH AI'R A'I-I'ACK BASE SUMMARY: The California Department of Forestry and Fire Protection (CDF) have expressed an interest in making a brief presentation to the City Council and Airport Commission to describe the proposed new Air Attack Base and the conclusions of a preliminary Environmental ]:nitial Study. The presentation has been scheduled for 4:45 p.m. prior to the regularly scheduled City Council meeting on April 5, 2006. The CDF will be making a similar presentation to the Planning Commission on April 12, 2006. The CDF has determined that an Environmental ]:mpact Report must be prepared for its project, and is ready to issue the required Notice of Preparation (Attachment No. 1). A copy of the preliminary Environmental Initial Study, which led to this conclusion, is included as Attachment No. 2. (continued on page 2) RECOMMENDED ACTZON: Receive Presentation ALTERNATZVE COUNCZL POLZCY OPTZON: N/A Citizens Advised: City Airport Commission Requested by: California Department of Forestry and Fire Protection Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Notice of Preparation of Draft ETR, prepared by ENPLAN for the CDF 2. Environmental Tnitial Study, prepared by ENPLAN for the CDF APPROVED: ... L,.~'':~;' '~"'¥~'~-~--- "~-~-~ Candace Horsley, City Nana~lr BACKGROtJND: The California Department of Forestry and Fire Protection (CDF) are proposing to lease approximately 9 acres of land in the southeast corner of the Ukiah Municipal Airport for the relocation of its existing Air Attack Base facilities. Current Base facilities are located within the west central portion of the Ukiah Municipal Airport. The proposed project is designed to be a replacement for the existing Base with facility upgrades to provide safer and more efficient operations. While the operation of the Air Attack Base will have the same level of personnel, aircraft and equipment assigned as now, the number of planes that can be loaded during a major fire event will increase from two at a time to four at a time. As a result, fire fighting capabilities will be improved due to reduced response time. PROPOSED AZR ATTACK BASE: The proposed new air attack base would include a 4,167- square-foot air operations building with an elevated dispatch area; a 3,200-square-foot warehouse/shop building; a 2,915-square-foot aircraft hangar; a fire retardant mixing, storage, and loading facility; a 1,200-square-foot taxiway; an air attack parking pad; four aircraft retardant- loading areas; a 150-square-foot hazardous materials building to contain the same materials as present (normal household supplies for cleaning the facility and a methanol/water mixture containing 30% methyl alcohol and 70% deionized water); new water, sewer, electrical, and phone lines; and sidewalks. The new UAAB would be accessed by a new driveway that would intersect Airport Road on the east side of the project area, west of the California Northern Railroad tracks. Site work needed for the new facilities would include site grading, asphalt paving, installing larger power lines with utility tie-ins, landscaping, and fencing. RECOMMENDATZON: Receive Presentation. NOTICE OF PREPARATION Date: March 7, 2006 To: State Clearinghouse, Responsible Agencies, Trustee Agencies, Federal Agencies, Interested Parties, and Organizations From: State of California, Department of Forestry and Fire, 1416 9th Street, Sacramento, CA 94244-2460 Subject: Notice of Preparation of a Draft Environmental Impact Report The California Department of Forestry and Fire Protection (CDF), with assistance from the Department of General Services - Real Estate Services Division (DGS - RESD), are announcing the preparation of an Environmental Impact Report (EIR) pursuant to the California Environmental Quality Act (CEQA) for the relocation of the Ukiah Air Attack Base (UAAB) in Mendocino County, CA. CDF is the Lead Agency under CEQA and will be conducting a Public Scoping Meeting/Workshop to present project information to public agencies and interested members of the community and solicit comments on the environmental issues of concern related to the project and the scope of the EIR. The State Department of General Services (DGS) has retained an environmental consulting firm, ENPLAN, to prepare the EIR. The purpose of the EIR is to assess the potential environmental effects of the project and the ways that such effects can be avoided or minimized. Pursuant to State CEQA Guidelines section 15064(a), an Environmental Impact Report must be prepared if there is substantial evidence that a project may have a significant effect on the environment. Based on the evaluation contained in the Environmental Checklist, it has been determined that an EIR needs to be prepared for the proposed project in accordance with the State CEQA Guidelines. The purpose of this notice is to solicit comments from public agencies and other interested parties on the scope and content of the information to be addressed in the EIR. If you are a responsible or trustee agency, we are seeking your comments on scope and content of environmental information that is relevant to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit(s) or other approval(s) for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study ([~ is I--I is not) attached. Public Review Period/Scoping Sessions The Notice of Preparation is being circulated for public review and comment for a period of 30 days beginning ,2006. A public workshop/scoping meeting for the EIR will be held during this period. The meeting will be held on , 2006, from to in at The purpose of this workshop/scoping meeting will be to provide information on the proposed project and the environmental process and solicit comments on environmental issues or project alternatives to be addressed in the EIR. Copies of the Notice of Preparation for the DEIR are available for review at the following locations: · Ukiah Branch, Mendocino County Library, 105 N. Main St., Ukiah, CA 95482, (707) 463-4491 · California Department of Forestry & Fire Protection, 1475 So. State St., Ukiah, CA 95482, (707) 462-6102 · California Department of General Services-707 Third Street, Suite 3-305, West Sacramento, CA 95605, (916) 376-1609. Due to the time limits mandated by State law, your response must be sent at the earliest possible date but not later than 30 days after receipt of this notice. Please send your response to Lynne Rodrian, Senior Environmental Planner, at the address shown below. Ms. Rodrian can also be reached at (916) 376-1609. California Department of General Services Real Estate Services Division, Environmental Services Section 707 3"d Street, Suite 3-305 West Sacramento, CA 95605 Project Title: California Department of Forestry and Fire Protection1 Ukiah Air Attack Base (UAAB) Relocation Project, Mendocino County, CA Project Applicant, if any: California Department of Forestry and Fire Protection (CDF) Date: Signature: Title: Telephone: E NVI RO N M E NTAL INITIAL STUDY ENVIRONMENTAL INITIAL STUDY CHECKLIST UKIAH AIR ATTACK BASE RELOCATION PROJECT Prepared for California Department of General Services Real Estate Services Division, Environmental Services Section 707 3rd Street, Suite 3-305 West Sacramento, CA 95605 Prepared by ENPLAN 3179 Bechelli Lane, Suite 100 Redding, CA 96002 Ukiah Municipal Airport 1.5 3 ~Miles Feature and boundary locations depicted are approximate only. Regional Location Map Ukiah Municipal Airport Mendoc .... Hastin Talmage .Road · Ukiah Municipal Airport z Existing Ukiah Ai? Attack BaS? Site 900 1,800 , Feet Local Vicinity Map Ukiah Municipal ,Airport ~2~~ / ? \ I ! I / ?/ Proposed Ukiah Air Attack Base Site Feature and boundary locations depicted are approximate only. 01.10.06 ENVIRONMENTAL CHECKLIST FORM 1. Project Title: California Department of Forestry and Fire Protection, Ukiah Air Attack Base (UAAB) Relocation Project, Mendocino County, CA 2. Lead Agency Name and Address: State of California, Department of Forestry and Fire Protection, 1416 9th Street, Sacramento, CA 94244-2460. 3. Contact Person and Phone Number: Lynne Rodrian, Department of General Services, Real Estate Division, Professional Services Branch, 707 Third Street, Suite 3-400, West Sacramento, CA 95798-9052, (916) 376-1609 4. Project Location: Ukiah Municipal Airport, Mendocino County, California 5. Project Sponsor's Name and Address: State of California, Department of Forestry and Fire Protection, 1416 9th Street, Sacramento, CA 94244-2460 6. General Plan Designation: "P" Public 7. Zoning: "PF" Public Facilities 8. Description of Project: INTRODUCTION The California Department of Forestry and Fire Protection (CDF) proposes to lease approximately 9 acres of land in the southeast corner of the Ukiah Municipal Airport for the relocation of its existing Air Attack Base facilities. Current Base facilities are located within the west central portion of the Ukiah Municipal Airport. The proposed project is designed to be a replacement for the existing Base with facility upgrades to provide safer and more efficient operations. While the operation of the Air Attack Base will have the same level of personnel, aircraft and equipment assigned as now, the number of planes that can be loaded during a major fire event will increase from two at a time to four at a time. As a result, fire fighting capabilities will be improved due to reduced response time. The existing facilities will be retained. EXISTING FACILITIES The existing Ukiah Air Attack Base (UAAB) was built in 1961. Existing structures may not meet health and safety standards, environmental regulations, or building codes, and repair costs would exceed replacement cost. The aircraft apron is badly cracked, which damages aircraft and related equipment. PURPOSE The existing facility is a designated Air Attack Base and a primary fire control facility for the North Coast fire protection system. The UAAB provides the aerial fire suppression component of CDF's fire fighting mission. Its initial attack area is 3.5 million acres and it protects 425,000 acres of wildland with close proximity to urban areas. The UAAB provides Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 1 fire protection for Mendocino, Lake, Sonoma, and Humboldt counties, with the protection area including many regional cities close to wildland areas, numerous state parks, U.S. Army Corps of Engineers recreation areas, the Mendocino National Forest, and scattered public land. Air tankers that are served by the facility are designed to drop a water-based slurry to suppress fires. Aircraft are based at Ukiah only during the fire season. Normally, the fire season begins on June 15 and ends on October 15. Due to variations in weather, the fire season may begin earlier or extend later. Outside of the fire season, the aircraft are stored at another airport. During major fires, aircraft from other bases have been and will continue to be temporarily assigned to the UAAB. Due to physical limitations (e.g., pavement strength) of the Ukiah airfield, the largest tankers assigned to the base will continue to be S- 2Ts. The number and type of aircraft based at the new facility will be the same as at the existing facility. There will be one command and control aircraft (an OV-10) and two tankers (both S- 2Ts). All three aircraft are turboprops. CDF's projections indicate the average number of aircraft operations associated with the UAAB may climb slowly with or without the proposed project. This trend is caused by factors independent of the capabilities of the air attack base. The ongoing increase may likely be caused by the extension of development into previously wild areas, known as the urban-wildland interface. The average number of aircraft operations that occurred during each of the four fire seasons prior to 2005 was 304 operations by the OV-10 command and control aircraft, and 1,320 operations by S-2T tankers. An aircraft operation is either one landing or one takeoff. PROPOSED FACILITIES Proposed facilities to be located within the new lease area include a 4,167-square-foot air operations building with an elevated dispatch area; a 3,200-square-foot warehouse/shop building; a 2,915-square-foot aircraft hangar; a fire retardant mixing, storage, and loading facility; a 1,200-square-foot taxiway; an air attack parking pad; four aircraft retardant-loading areas; a 150-square-foot hazardous materials building to contain the same materials as present (normal household supplies for cleaning the facility and a methanol/water mixture containing 30% methyl alcohol and 70% deionized water); new water, sewer, electrical, and phone lines; and sidewalks. The new UAAB would be accessed by a new driveway that would intersect Airport Road on the east side of the project area, west of the California Northern Railroad tracks. Site work needed for the new facilities would include site grading, asphalt paving, installing larger power lines with utility tie-ins, landscaping, and fencing. EIR SCOPE All associated on-site and off-site improvements will be evaluated in the EIR. Off-site infrastructure improvements include connection to a major arterial; an observation area; sewer, power, water utility tie-ins; and taxiway improvements to the new lease line. The EIR process will generate additional studies and analyses to determine the extent of impacts and appropriate mitigation measures when needed. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 2 9. Surrounding Land Uses and Settings: Mixed industrial, commercial, and residential to the north. Immediately east is open land planned for commercial/industrial development, with agricultural land further east. Open land, light commercial, some medium-density residential areas to the south. Commercial, light and medium-density residential to the west. 10. Other public agencies whose approval is required (e.g., permits, financing approval or participation agreement). Regional Water Quality Control Board · Clean Water Act Section 401 Water Quality Certification · General Construction Activity Storm Water Permit · Waste Discharge Requirements · General Industrial Activity Storm Water Permit U.S. Army Corps of Engineers · Department of the Army Individual Permit California Department of Fish and Game. · Streambed Alteration Agreement Federal Aviation Administration · Notice of Proposed Construction or Alteration (Form 7460-01) City of Ukiah Planning and Community Development Department · Project Site Lease Agreement Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The project could affect the environmental factors checked below and could involve at least one impact that is a "potentially significant impact," indicated on the following pages. ~ Aesthetics ~ Agriculture Resources ~-~ Air Quality Biological Resources Hazards and Hazardous Materials Mineral Resources Public Services Utilities/Service Systems ~-~ Cultural Resources ~ Geology/Soils ~-] HydrologyANater Quality J---] Land Use/Planning r~ Noise ~-~ Population/Housing ~ Recreation ~-~ Transportation/Traffic ~ Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: [----] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [----] I find that although the proposed project could have a significant effect on the environment, there would not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ~-] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ~ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ~ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Lynne Rodrian, Senior Environmental Planner California Department of General Services Date California Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 4 I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact No Impact Discussion' a, b, c, d. Implementation of the proposed project would introduce human elements into a previously natural setting and would change the view in the immediate vicinity of the project site; however, the site and its surroundings would not be substantially visually degraded. The project would be visually compatible with other uses at the Ukiah Municipal Airport. The largest structure will be slightly over 4,000 square feet in size, and thus comparable in size to a large single-family residence. Other buildings will be smaller. The design of the buildings will be comparable to other, existing structures at the airport. The project would not affect views from a scenic highway because there are no scenic highways in the viewshed of the project site. Although the project would include some night lighting for the new facilities, it would not substantially increase light and glare. Califomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 5 II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a r---] Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact No Impact Discussion: a, b, c. The project would not affect prime farmland or primary agricultural land uses, nor would it convert farmland to nonagricultural use. The land where the project will be located is not special-status farmland. The land is not under Williamson Act contract. California Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 6 III. AIR QUALITY--Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would Potentially Significant the project: Impact Less than Significant with Less than Mitigation Significant Incorporation Impact a) Conflict with or obstruct implementation of the r--] applicable air quality plan? b) Violate any air quality standard or contribute ~-~ substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of r-~ any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ~ concentrations? e) Create objectionable odors affecting a substantial ~-~ number of people? Discussion: No Impact a-e. Project implementation would result in nominal short-term construction air emissions associated with building construction and site excavation activities. These emissions would add slightly to existing local air emissions on a temporary basis and would not result in violations of the Mendocino County Air Quality Management District thresholds of significance for air quality. The Mendocino County Air Quality Management District is designated attainment for all State and Federal ambient air quality standards, with the exception of particulate matter (PM 10), for which the air district is designated non- attainment for the State standard; the EIR will address whether the project will result in a cumulatively considerable contribution to PM10 emissions during construction. Residents south of the project site would not be exposed to substantially increased pollutant concentrations. The project would not create objectionable odors. b. The average annual number of aircraft operations will not increase as a result of the relocation of the UAAB. There will continue to be year-to-year variations in the number of aircraft operations depending upon the severity of the fire season. Potential air quality impacts, resulting from the UAAB relocation, will be studied and addressed during the EIR process. California Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 7 IV. BIOLOGICAL RESOURCES --Would the project: Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally ~-~ protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Discussion: No Impact a. Biological studies are currently in process to determine if special status species would be affected by project implementation. Potential impacts will be further addressed in the EIR. b. Studies will be conducted during the EIR process to determine effects on riparian habitat or other sensitive natural communities. Potential impacts will be further addressed in the EIR. c. The project would remove approximately 1.3 acres of jurisdictional wetlands. Potential effects for off-site mitigation will be addressed during the EIR process. The loss of this habitat would be considered a significant impact. The Draft Wetland Mitigation and Monitoring Plan (DWMMP) for the UAAB, as proposed in September 2002, will be Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 8 reviewed for adequacy as part of the EIR process; if necessary, an additional wetland delineation will be prepared. The review of the DWMMP will include verification of impact calculations. If off-site improvements are proposed, including but not limited to site infrastructure and/or road improvements, further field evaluations will be conducted to evaluate potential impacts. Final impact determinations will be made during the EIR preparation. d- f. This project would not interfere substantially with the movement of any species. Short-term construction impacts could keep common bird and animal species from using the site, but there is sufficient surrounding open space that there would not be a significant impact. The project would not conflict with any local policies, biological ordinances, or adopted conservation plans. V. CULTURAL RESOURCES --Would the project: Less than Significant Potentially with Less than Significant Mitigation Significant No Impact Incorporation Impact Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.57 b) Cause a substantial adverse change in the ~-~ significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Discussion' a-d. The existing Cultural Resources Inventory for the project prepared by PAR Environmental Services, Inc. (PAR) will be evaluated during the EIR process and potential impacts will be determined at that time. Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 9 VI. GEOLOGY AND SOILS --Would the project: Potentially Significant Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- ~ 1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact Califomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 10 Discussion: a. Although the project is in a seismically active area, no active or potentially active faults are known to transect the project site, so ground rupture due to faulting is not anticipated. The proposed project could be subject to ground shaking in the event of a major earthquake in the region. This hazard is common in California and the effects of ground shaking could be minimized by proper structural design and construction. The project's facilities would be constructed to Essential Services Facility standards, in accordance with the California State Building Code (Title 24 of the California Administrative Code), so seismic risk would be minimized. b. Potential impacts and mitigations associated with construction related soil disturbance will be examined during the EIR process. c-e. There are no expansive nor unstable soils in the project site. Septic tanks or alternative wastewater disposal systems will not be used for 'this project, as sewers are available for the disposal of waste water. California Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 11 VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: Potentially Significant Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan [-~ or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, [----I would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of F--] loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 12 Discussion: a.-b. The project operation would involve trucks periodically transporting fire retardant to refill the on-site tanks. During the EIR process safety measures and regulations relative to transport and delivery of this material will be discussed and analyzed in greater detail. c.-d. The proposed project site is not near a school and is not listed as a hazardous materials site. e. The project would include construction of a new fire retardant mixing, storage, and loading facility. The old facility lacks a containment wall around the wet fire retardant storage area and protection from drainage from air tanker loading spills or accidental release, which are violations of water control standards. The new facility would include the required containment and would include additional design safeguards to prevent or contain accidental spills. During the EIR process potential safety hazards associated with the proposed project will be discussed and analyzed. f. The project is not located within the vicinity of a private airstrip. g. No emergency response plan or emergency evacuation plan would be affected by the proposed project. h. The project would not create substantial fire risks and would provide a beneficial impact to wildfire suppression in the project area. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 13 VIII. HYDROLOGY AND WATER QUALITY -- Would the project Potentially Significant Impact a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the ~-] site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 14 Discussion: a-f. The project would introduce approximately 11 acres of impervious cover to formerly unpaved areas within the project site and therefore would alter the long-term drainage and groundwater infiltration patterns in the immediate project vicinity. The amount of impervious cover would be relatively small, and on-site drainage would be designed to direct stormwater off-site, while dissipating flow velocity to minimize potential for erosion. The EIR will address this and other hydrology and water quality issues in greater detail and final determinations regarding impacts will be addressed in the EIR. Site grading would temporarily disturb soil, but use of standard construction erosion control measures would minimize the potential for erosion. Wastewater for the project is proposed to be treated by the Ukiah municipal system and would not degrade water quality. The project would have a similar level of wastewater generation as that which is currently being generated, so no increased wastewater treatment capacity would be required. g-j. The project site is not within a 100-year flood hazard area, is not within an area susceptible to flooding from levees or dams, and is not subject to seiches, tsunamis, or mudflows. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 15 IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact No Impact Discussion: a-c. The project would establish a new use in a previously undeveloped site within the footprint of the Ukiah Municipal Airport. The July 1996 Ukiah Municipal Airport Master Plan (AMP) identifies the proposed site as one of three alternatives appropriate for the base relocation. Subsequent analysis found the proposed site most feasible to accomplish the goals and objectives of the project. The City of Ukiah has indicated its support of the project site by way of formal resolution, dated March 10, 2004. Project consistency with the 1996 Mendocino County Airport Comprehensive Land Use Plan (CLUP), Mendocino County General Plan, the City of Ukiah General Plan, and the Draft Ukiah Valley Area Plan will be determined during the EIR process. While the project is consistent with local zoning standards, as a State facility the project is not subject to local zoninq requirements. The project would not divide an established community and would not c(~nflict with any conservation plans. California Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 16 X. MINERAL RESOURCES --Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact No Impact Discussion' a-b. There are no known mineral resources or recovery sites in the project vicinity that would be of future value to the region or the residents of the state. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 17 XI. NOISE -- Would the project result in: Potentially Significant Impact Less than Significant with Less than Mitigation Significant Incorporation Impact a) Exposure of persons to or generation of noise levels ~-~ in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ~-~ groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise ~-~ levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ~ ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan ~ or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, ~-~ would the project expose people residing or working in the project area to excessive noise levels? Discussion' No Impact a-d. The project would result in short-term construction noise associated with excavation activities for the proposed building foundations, grading for site leveling and preparation, and building construction. The project would not increase exposure of people to increased ambient noise levels on a day-to day basis. Projected noise impacts will be documented in the EIR and final determination of impacts will be made during preparation of the EIR. e. The project would replace existing use of the Ukiah Municipal Airport facilities and would not result in a substantial change in use from current conditions. The new project site is located in the southeast corner of the Ukiah Municipal Airport, which is directly north of existing residential neighborhoods, and some distance west of industrial sites with workers. The average annual number of aircraft operations will not increase as a result of the relocation of the UAAB. There will continue to be year-to-year variations in the number of aircraft operations depending upon the severity of the fire season. Potential noise impacts, resulting from the UAAB relocation, to those residing or working within the vicinity of the new site will be studied and analyzed during the EIR preparations and final impact determinations will be made at that time. f. The project is not within the vicinity of a private airstrip. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 18 Xll. POPULATION AND HOUSING -- Would the project: Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact a) Induce substantial population growth in an area, [----] either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ~ necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact Discussion: a-c. The project would have a similar employment level as the existing facility and would therefore not affect local population or housing. No people or housing would be displaced as a result of the project. Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 19 Xlll. PUBLIC SERVICES Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? No Impact Discussion: a. The proposed project would consist of moving a government public service agency from one location in the Ukiah Municipal Airport to another location within the footprint of the airport boundary. Demand for public services would not be expected to increase at the new location, as the function at the new facility would be essentially the same as for the current facility. Because the response time for fighting forest fires likely would improve under the project, there would be a beneficial effect on fire protection for the local and regional area. Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 2O XlV. RECREATION-- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact No Impact Discussion: a-b. The proposed project would not increase demand for neighborhood or regional parks or for other recreational opportunities in the area. The project would therefore have no effect on recreational resources. Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 21 XV. TRANSPORTATION/TRAFFIC --Would the project: Potentially Significant Impact a) Cause an increase in traffic which is substantial in ~-~ relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of ~-~ service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including ~-~ either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design ~ feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? r-~ f) Result in inadequate parking capacity? ~ g) Conflict with adopted policies plans, or programs ~ supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Less Than Significant With Mitigation Incorporation Less Than Significant Impact No Impact Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 22 Discussion: a-b. Final impact determinations for the traffic and transportation section will be made after further studies are conducted during the EIR process. The proposed project would result in a slight rerouting of the traffic associated with the UAAB. Access to the existinq site currently located on the west side of the airport would be abandoned, as the new ~ite is across the runway on the east side of the airport. Access to the new site will be from the east, off of the existing Airport Park Boulevard. Traffic and transportation impacts will be studied in further detail during the preparation of the EIR, including an evaluation in accordance with the Department of Transportation's Handbook for Aviation Planning. Final impact determinations will be made at that time. c. The proposed site is at the southeast corner of the airport and is located in such a way that CDF aircraft would cross the approach end of an active runway to access the west side parallel taxiway. During the EIR process, studies will be conducted to assess potential impacts of this layout in greater depth. Final impact determinations and mitigation measures will be determined during the preparation of the EIR. d.-g. Compatibility with programs supporting alternative transportation, increased hazards due to design features, emergency access impacts, and adequacy of parking capacity will be evaluated during the EIR process and final impact determinations will be made at that time. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 23 XVI. UTILITIES AND SERVICE SYSTEMS -- Would the project: Potentially Significant Impact a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Less than Significant with Mitigation Incorporation Less than Significant Impact No Impact Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 24 Discussion: Final impact determinations will be made pending further study during the EIR process. a. Wastewater treatment requirements of the Regional Water Quality Control Board would not be exceeded by the project. b. See discussion for c-e. c. Although development of the project site would result in on-site stormwater runoff channelization, no treatment facilities would be required and no impacts would result. d. The project would use municipal water supply, and no impacts are expected. e. The project would use municipal wastewater treatment and would have a similar level of wastewater generation as that which is currently being generated, so no increased wastewater treatment capacity would be required. f-g. The project would comply with all federal, state, and local regulations related to solid waste. The project would not affect the quantity of solid waste produced, as the activity level would be similar to the existing UAAB; therefore, there would be no effect on the local landfill capacity. Cafifornia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 25 XVll. MANDATORY FINDINGS OF SIGNIFICANCE - Less than Significant Potentially with Less than Significant Mitigation Significant Impact Incorporation Impact a) Does the project have the potential to degrade the ~-]. r--] ~ quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ~-] ~ F--] limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which ~-~ ~-] ~ will cause substantial adverse effects on human beings, either directly or indirectly? Discussion: Final determinations will be made during preparation of the EIR. The EIR will consider the applicability of Mandatory Findings of Significance under Section 15065 of the State CEQA Guidelines. The EIR will also consider whether the project will result in an incremental increase in cumulatively significant impacts. The EIR will also consider the extent to which the project will be consistent with energy standards set forth in Appendix F of the State CEQA Guidelines. No Impact Cafifomia Department of Forestry and Fire Protection Ukiah Air Attack Base Relocation Project Initial Study 26 UAAB CONTACTS / MAILING LABELS SCOTT A. GERGUS STATE WATER RESOURCES CONTROL BOARD NORTH COAST REGION 5550 SKYLANE BLVD SUITE A SANTA ROSA CA 95403 Scott Gergus Associate Engineering Geologist Phone: 707/576-2685, Fax: 707/523-0135 www.swrcb.ca.qov/rwqcb I STATE WATER RESOURCES CONTROL BOARD 1001 I STREET SACRAMENTO CA 95814 Phone: (916) 341-5250 Fax: (916) 341-5252 ALAN FALLERI COUNTY OF MENDOCINO DEPT OF PLANNING & BUILDING SERVICES 501 LOW GAP ROAD ROOM 1440 UKIAH CA 95482 Alan Falleri, Chief Planner Phone: 707/463-4281, Fax: 707/463-5708 pbs ~,co. mendoci no. ca. us www. co. mendocin o. ca. us/plan ning MENDOCINO COUNTY DEPARTMENT OF TRANSPORTATION 340 LAKE MENDOCINO DRIVE UKIAH, CA 95482 CHARLES FIELDER DISTRICT 1 DIRECTOR CALIFORNIA DEPARTMENT OF TRANSPORTATION 1656 UNION STREET EUREKA, CA 95501 Phone: 707/463-4363 FAX: 707/463-5474 E-Mail: dot~,co, mendocino.ca, us Charles Fielder District 1 Director, CalTrans Phone: 707/445-6600 C DEAN WOLBACH COUNTY OF MENDOCINO AIR POLLUTION CONTROL DISTRICT 306 EAST GOBBI STREET UKIAH CA 95482 CALIFORNIA AIR RESOURCES BOARD 1001 I STREET SACRAMENTO CA 95812 C Dean Wolbach Air Pollution Control Officer Phone: 707/463-4354 Fax: 707/463-5707 Phone: (916) 322-2990 FAX: (916) 445-5025 ROBERT W FLOERKE CA DEPARTMENT OF FISH AND GAME CENTRAL COAST REGION PO BOX 47 YOUNTVILLE CA 94599 CHARLEY STUMP CITY OF UKIAH PLANNING AND COMMUNITY DEVELOPMENT 300 SEMINARY AVENUE UKIAH CA 95482-5400 DAVID COHEN CA DEPARTMENT OF TRANSPORTATION DIVISION OF AERONAUTICS MS 40 PO BOX 942873 SACRAMENTO CA 94273-0001 Robert Floerke Regional Manager, Central Coast Region DFG Sandy Brunson, Office Technician ,Phone:707/944-5520 Steve Cannata, Fisheries Biologist Ph: 707/277-7052 Charley Stump, Planning Director Phone: 707/463-6200 Fax: 707~463-6204 www.cityofukiah.com David Cohen Aviation Environmental Specialist Phone: 9161654-5253 Fax: 916/653-9531 :\Documents and Settings\CSTUMP.ClTYUK\Local SeEings\Temporary Internet Files\OLK3\UAAB Mailing List.doc 1 OF z UAAB CONTACTS / MAILING LABELS PHILIP SHANNIN US ARMY CORPS OF ENGINEERS SAN FRANCISCO DISTRICT, NORTH SECTION 333 MARKET STREET ROOM 923 SAN FRANCISCO CA 94105 Philip Shannin, North Section Acting Chief Phone: 415/977-8445 DAVID P LANFERMAN LANDELS RIPLEY & DIAMOND ATTORNEYS LLP 350 THE EMBARCADERO SAN FRANCISCO CA 94105-1250 David Lanferman Phone: 415/512-8700 Fax: 415/512-8750 dpl~landels.com www. landels.com DONALD B MOONEY LAW OFFICES OF DONALD B MOONEY 129 C STREET SUITE 2 DAVIS CA 95616 Donald Mooney, Attorney Phone: 530/758-2377 Fax: 530/758-7169 d bmooney~,,dcn, davis, ca. u s MARSHA A BURCH ATTORNEY AT LAW 22300 PLEASANT VALLEY ROAD SUITE 5 PENN VALLEY, CA 95946 MARK ASHIKU, MAYOR CITY OF UKIAH cio CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 PHIL BALDWIN, CITY COUNCIL MEMBER CITY OF UKIAH c/o CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 MARl RODIN, CITY COUNCIL MEMBER CITY OF UKIAH cio CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 DOUg CRANE, CITY COUNCIL MEMBER CITY Of UKIAH c/o CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 JOHN MCCOWEN, CITY COUNCIL MEMBER CITY OF UKIAH c/o CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 CANDACE HORSLEY, CITY MANAGER CITY OF UKIAH cio CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 Marsha A. Burch Attorney at Law Phone: 530/478-9400 Fax: 530/478-9410 maburch(~,onemain.com Mark Ashiku, Mayor Phone: 707/463-6217 Fax: 707/463-6204 Mark510~adelphia. net Phil Baldwin, City Council Member Phone: 707/463-6217 Fax: 707/463-6204 felipe(~,pacific, net Mari Rodin, City Council Member Phone: 707/463-6217 Fax: 707/463-6204 rodin~pacific, net Doug Crane, City Council Member Phone: 707/463-6217 Fax: 707/463-6204 dougc~oacific, net John McCowen, City Council Member Phone: 707/463-6217 Fax: 707/463-6204 mccowen(~,pacific, net Candace Horsley, City Manager Phone: 707/463-6217 Fax: 707/463-6204 candace~,cityofukiah.com :\Documents and Settings\CSTUMP.ClTYUK\Local SeEings\Temporary Internet Files\OLK3\UAAB Mailing List.doc 2 OF z UAAB CONTACTS / MAILING LABELS ALLEN CARTER, CITY TREASURER CITY OF UKIAH cio CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 Allen Carter, City Treasurer Phone: 707/463-6217 Fax: 707/463-6204 racarter~adelphia, net MARIE ULVILA, CITY CLERK CITY OF UKIAH cio CITY CLERKS OFFICE 300 SEMINARY AVENUE UKIAH CA 95482 Marie Ulvila, City Clerk Phone: 707/463-6217 Fax: 707/463-6204 marieu~cityofukiah.com MARSHA A. WHARFF ASSESSOR-COUNTY CLERK-RECORDER 501 LOW GAP ROAD ROOM 1020 UKIAH, CA 95482 Marsha A. Wharff, County Clerk Phone: 707/463-4370 FAX: 707/463-4257 a c r~,co, mendoci no. ca. us CALIFORN IA HIGHWAY PATROL UKIAH DISPATCH CENTER 540 SOUTH ORCHARD AVENUE UKIAH CA 95482 California Highway Patrol Ukiah Dispatch Center Phone: 707/467-4040 CALIFORNIA HIGHWAY PATROL P O BOX 942898 SACRAMENTO CA 94298-0001 California Highway Patrol Phone: 916/657-7261 PAUL RICHEY, AIRPORT MANAGER UKIAH MUNICIPAL AIRPORT 1411 SOUTH STATE STREET UKIAH CA 95482 PATTY BERG, ASSEMBLYWOMAN DISTRICT 1 104 W CHURCH STREET UKIAH CA 95482 WESLEY CHESBRO, SENATOR DISTRICT 2 P O BOX 785 UKIAH CA 95482 DEPARTMENT OF TOXIC SUBSTANCES CONTROL BERKELEY REGIONAL OFFICE 700 HEINZ AVENUE SUITE 100 BERKELEY CA 94710-2721 Paul Richey, Airport Manager Phone: 707/467-2817 Fax: 707/463-6204 a irport~cityofukiah.com Patty Berg, Assemblywoman District 1 Phone: 707/463-5770 FAX: 707/463-5773 http://democrats.assembly.ca..qov/members/a01/mail form. h rn Wesley Chesbm, Senator District 2 Phone: 707/468-8914 FAX: 707/468-8931 Senator. C hes b ro ~,sen. ca. gov Department of Toxic Substances Control Berkeley Regional Office Phone: 510/540-2122 FAX: 510/540-3738 CALIFORNIA STATE CLEARINGHOUSE P O BOX 3044 SACRAMENTO CA 95812-3044 California State Clearinghouse Phone: 916/445-0613 FAX: 916/323-3018 :\Documents and Settings\CSTUMP.ClTYUK\Local Settings\Temporary Internet Files\OLK3\UAAB Mailing List.doc 3 OF z UAAB CONTACTS I MAILING LABELS ANDY RICHARDS, MANAGER FAA SAN FRANCISCO AIRPORTS DISTRICT OFFICE 831 MITTEN ROAD ROOM 210 BURLINGAME CA 94010 :\Documents and Settings\CSTUMP.ClTYUK\Local SeEings\Temporary Internet Files\OLK3\UAAB Mailing List.doc 4 OF z UKIAH AIR ATTACK BAS RELOCATE FACILITY Ukiah, CA . OB$¢Rx/~'f~Ot4 State of California Department of General Services Real Estate Services Division Project Management Branch 1102 (~ Street, suite 5100 Sacramento, CA 95814-6511 .~! San Francisco~ CA 94108-5017 .R ~ --'-----------'-- -'~ PRO.1ECT NO: UKZAH CHECK BY: F/IH CYVI'L PRELl'MI'NARY LAYOUT PLAN - NORTH PORTI'ON I I I I l l I I I I I l l AIRPORT AIRPORT ROAD LEGEND UON GAS RISER ELECTRIC HAND HOLE ELECTRIC PULL BOX SANITARY SEWER MANHOLE FOUND BENCH MARK SURVEY CONTROL POINT SIGN RUNWAY LIGHT WELL FOUND WETLANDS STAKE DRIP LINE TREE (as NOTED) UNLESS OTHERWISE NOTED TURNING RADIUS BRL OFA UKIAH AIR ATTACK BAS RELOCATE FACILITY Ukiah, CA State of California Department of General Services Real Estate Services Division Project Management Branch :~102 Q Street, suite 5:L00 Sacramento, CA 958:L4-651! San Francisco~ CA 94~08-$0~7 tearn ~ Hillia rdArch itects, corn CHECK BY: I~IH ........................................................................................................ CYVZL PRELZMZNARY LAYOUT PLAN - SOUTH PORTZON .p.R.R. B6 .B' IERME[ i · i i i ~ I · i i · TYP. PR DISPATCH AIR OP O. 0 'ELY 250 ~URN~NG o ~ o~ $11 LL.I EXISTING RUNWAY.-- ELECTRIC BOUNDARY LINE AREA )NCRETE U A RFGIOk ~ESTRICTION LINE AREA SCALE -60' 0 60' 1" = 60' LEGEND UON GAS RISER ELECTRIC HAND HOLE ELECTRIC PULL BOX SANITARY SEWER MANHOLE FOUND BENCH MARK SURVEY CONTROL POINT SIGN RUNWAY LIGHT WELL FOUND WETLANDS STAKE DRIP LINE TREE (AS NOTED) UNLESS OTHERWISE NOTED FENCE UNDERGROL w WATER LINE BRL APPROXIMA] EXISTING WE ASPHALT C( BUILDING Ri OFA OBJECT FRE ITEM NO: 3.a DATE: April 5, 2006 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION FROM THE MENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT SUMMARY: The Mendocino County Air Quality Management District has asked to give a presentation to the City Council focused on who they are, what they do, and the issue of City representation on the District Board. A letter from Dean Wolbach, Air Pollution Control Officer, outlining the presentation is included as Attachment No. 1. RECOMMENDED ACTION: Receive presentation from the Air Quality Management District ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Mendocino County Air Quality Management District Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Correspondence from Dean Wolbach, Air Pollution Control Officer APPROVED,-~'~t.:~ .~ ~ Candace Horsley, City M)~ager C. D. WOLBACH, Ph.D. Air Pollution Control Officer DONNA ROBERTS NASH Office Manager March 28, 2006 ATTACHMENT__ COUNTY OF MENDOCINO AIR QUALITY MANAGEMENT DISTRICT UKIAH, CALIFORNIA 95482 306 East Gobbi Street Ukiah, California (707) 463-4354 Fax: (707) 463-5707 mcaqmd@co.mendocino.ca.us City of Ukiah Mayor, Phil Ashiku and Members of the City Council 300 Seminary Avenue Ukiah, CA 95482 SUBJECT: Air Quality Management District Board Membership and the Role of Incorporated Cities and their Councils Dear Mr. Mayor and Council Members: The issue of City representation on the Air Quality Management District Board was recently raised in a letter from the City of Fort Bragg dated March 13, 2006. A copy of that letter was sent to each of the other incorporated cities as well as the Air Quality Management District Board. In response to that letter and discussions with City staff, the District has put together the following information. District staff will present this information to the City Council on April 5 at the regularly scheduled public meeting. Classification of Air Districts The Air Quality Management District is a regulatory agency established as a political subdivision of the State of California by the State Legislature in 1971 (Health & Safety Code, Section 40700). School Districts and LAFCOs also exist as similar political subdivisions of the State. The District is classified in the California Health and Safety Code ({}40002) as a "County District". "County Districts" are generally those Air Quality Management Districts that contain all or part of a single county. Currently there are twenty-five (25) "County Districts" in California and ten (10) multi-county Air Quality Management Districts, which cover the rest of California. Air District Mandated Programs The District is charged with enforcing Federal, State and District regulations and is delegated by U.S. EPA to enforce Title V of the Clean Air Act (major sources) and NESHAP (the Asbestos Demolition and Renovation Program. The District is also required to enforce State Laws relating to air quality as well as all regulations adopted by the California Air Resources Board (ARB) in addition to its own regulations adopted by the Mendocino County Air Quality Management District Board. Page 2 In addition to regulatory enforcement activities the District - Issues new permits for processes and equipment that emit air contaminants. Reviews and renews approximately four hundred stationary source permits annually. Operates State and Federal air quality monitoring in the District. Distributes grant funds in various program areas. Issues approximately 800 air quality/bum permits each year. Manages the Smoke Management Program for large agricultural burners. Responds to several hundred complaints annually. Issues approximately eighty Notices of Violation each year for violations of the District's regulations and or state law. Reviews approximately 200 CEQA documents each year for Air Quality impacts. Serves on the MCOG Technical Advisory Committee. An outline of the District's individual programs is attached for your information. District Organization and Budgeting The Air Quality Management District's boundaries are coterminous with Mendocino County. The District is a body corporate and politic and an agency of the state and is funded entirely through stationary source permit fees, some state and federal funding, and motor vehicle fees. The District uses no County general fund money. The District currently has seven staff positions; the Executive Officer (Air Pollution Control Officer), four technical staff and two administrative staff. The District budget is approximately $750,000. Each of the separate District revenue streams is required to be directed back into the program from which it derives. For example, stationary source permit fees can only be used to support permitting and enforcement activities associated with the Stationary Source Program and Mobile source funds can only be used for monitoring, planning, and grant programs related to emissions from motor vehicles. The District has an informal agreement with the County to provide administrative support services such as legal, health coverage, risk management, payroll, etc. The District does however reimburse the County for expenses either directly or indirectly. This informal agreement for support services has no impact on the independence of the District. Additionally, Health and Safety Code, Section 40120 provides that County officers and employees who provide services to the District are ex officio officers and employees of the District and they must provide services to the District without additional compensation (i.e. County Counsel, Clerk of the Board, County Auditor etc.). While the current make up of the Air Quality Management District Board along with this informal agreement can and does make it appear to the public at large that the District is a part of the "County" government, the District is a separate and distinct legal entity. Page 3 The Air Quali .ty Management District Board The Air Quality Management District Board is responsible for appointing the Air Pollution Control Officer, adopting new rules and regulations, approving the District's budget, and appointing the District's Hearing Board. The Mendocino County Board of Supervisors is ex officio the Air Quality Management District Board, however under state law (H&SC {}40100.5) the Board may be constituted differently. The law, which allows for a change in board membership is the "Hauser Bill," approved in the early 1990s. The Hauser Bill allows for City representation on the District Board based on the percentage of population that resides in the incorporated cities (H&SC {}40100.5) or, The formation of a "Joint Powers Authority" for 'air pollution control purposes', which includes the County as a member (H&SC, {}40104). The Air Quali .ty Management District Hearing Board The Air Quality Management District Hearing Board is the appeals body for District's stationary source permitting program. The Hearing Board has its own independent investigative and decision-making powers. The Hearing Board can grant temporary variances, issue orders for abatement and revoke permits issued by the District. The Hearing Board's membership is prescribed in law and its members are appointed by the District Board. Air Pollution Control Officer The Air Pollution Control Officer (APCO) is appointed by the Air Quality Management District Board and is the Executive Officer of the District. Under state law, the Al)CO reports directly to the District Board and is responsible for managing the day-to-day operations of the District, hiring District staff, enforcing all rules, regulations orders, variances, and permit conditions, and representing the District at the state level. The APCO has the authority to negotiate mutual settlements for violations of District regulations and/or state air pollution laws. The APCO is not a "County Department Head", however he does currently participate in the "County" process for practical purposes. Past Organizational Structure- ARB Audits From 1971 through 1989, the District was housed within the County Public Health Department and the Public Health Officer was also the Air Pollution Control Officer. The District did not have the resources or professional staff to effectively do its job. As a result, facilities were operating out of compliance with state law and District regulations. Due in some part to District error, Masonite was allowed to operate a product line without the proper permits or public input, ultimately resulting in the now famous "Masonite Hearings". This error also resulted in legal action against Masonite including significant fines and penalties and an Order for Abatement and much consternation and concern among the local community. Page 4 In an extensive audit of the District's programs in 1988, the State Air Resources Board found the District lacking in several areas and made recommendations for improvement. As a result of the audit, the Air Quality Management District Board- separated the District from the Public Health Department, appointed a new full-time APCO, Fiscally separated the District's finances from the Public Health Department, established the District as an independent regulatory body, Hired professional staff to carry out the Districts mandates. Since 1990, the District has operated separately from the County while still relying on the County for some services. The District Board has remained the County Board of Supervisors sitting as the Air Quality Management District Board. In 1997, ARB conducted a second audit of the District's programs and found that the District was operating in a much more effective and professional manner and had made considerable progress in the areas of deficiency outlined in the previous audit. Public Perceptions of the Air Quali .ty Management District Organizational Structure The perception of the public, other agencies, and to some degree the District Board, is that the Air Quality Management District as part of the "County" and not an independent agency of the State. This perception is the result of the District's agreement with the County to provide services to the District and the current disposition of the District Board. A number of problems can and do develop from this misconception- City residents (and some city staff) tend to view District Regulations, including permitting requirements, as "County Rules" that do not apply within city limits. City residents may not fully participate in the District rule-making process or other policy making decisions because they do not as a general rule address the County Board of Supervisors with their concerns therefore they do not address the District Board. The potential exists for the County and/or projects within the County's jurisdiction to be favored over the incorporated cities in the distribution of grant funds. The potential exists for the County to be favored in District CEQA responses regarding controversial developments. The District issues a number of permits to the County and is required to enforce those permits and their conditions. Other Districts Since the Hauser Bill was signed into law, a number of District's have added city representation to their boards. At this time, twenty-one (21) out of thirty-five (35) Air Districts have City representation on their boards. Page 5 Of the fourteen (14) air districts in Califomia without city representation on their Boards, twelve (12) are Districts with significant acreage of federally owned land and/or extremely low populations (under 25,000). As shown on the attached map, Mendocino County does not have an extremely low population (current population is over 90,000) and lacks the extensive federal land ownership seen in the other Districts. Most Districts with similar demographics and land ownership patterns to Mendocino County have City representation on their Boards. I hope you find this information useful. District staff will be available to answer any questions on April 5th at your public meeting or you can call the District office if you would like to obtain more information. Thank you. C. D. Wolbach, Ph.D. Air Pollution Control Officer City Represenation on AQMD in California Boards Most Air Quality Management Districts in California have city representation on their Boards. Those Districts that do not have city representation either have extremely Iow populations (Glenn and Colusa Counties for example) or they have large areas of land in the county under Federal Ownership. County Reps City Reps Federal Lands ATTACHMENT 1 Districts with City Representation Larger Population Districts South Coast AQMD (LA County, Orange, Riverside) Bay Area AQMD (7 Bay Area Coumies, plus parts of Sonoma and Solano) Sacramento Metropolitan AQMD San Joaquin Valley AQMD (southern Central Valley) Smaller Population Districts Yolo-Solano AQMD (Northem part of Solano and all of Yolo Counties) Monterey Bay Unified APCD (Monterey, San Benito, and Santa Cruz) Amador County AQMD Butte County AQMD North Coast Unified AQMD (Humboldt, Trinity and Del Norte) Great Basin Unified AQMD (Mono, Inyo and Alpine Counties) Lassen County AQMD Santa Barbara County AQMD Kern County APCD Tehama County AQMD (in process) Mohave Desert AQMD Antelope Valley AQMD San Luis Obispo AQMD Feather River AQMD (Sutter and Yuba Counties) Placer County APCD Ventura County APCD Attachment 2 Overview of District Programs and Responsibilities The District is divided into two main programs: The Stationary Source Program and the Motor Vehicle Fund Program The Stationary Source Program consists of several state and federal mandates including: New Source Review/Prevention of Significant Deterioration (NSR/PSD) [Federal/State Mandate] National Emissions Standards for Hazardous Air Pollutants [NESHAPs Federal Delegation] Asbestos/Lead demolition/renovation [NESHAP's Federal Delegation] Stationary Source Permit Program (Authority-to-Construct/Permit-to-Operate) [State Mandate] Gasoline Dispensing Facilities [State Mandate] Stationary and Portable Diesel Engines [State Mandate] Major Sources [State Mandate/Federal Title V Delegation] Open Outdoor Burning Program [State Mandate] Complaint Investigation Program [State Mandate] Air Toxics "Hot Spots" Program (AB2588) [State Mandate] Enforcement (NOV) Program (See also Stationary Source Permit Program, Open Outdoor Burning Program, Complaint Investigation Program, and Air Toxics Program) [State Mandate] The Motor Vehicle Fund Program (Mobile Source Programs) includes: The Ambient Air Monitoring Program [State Mandate] The District's Emissions Inventory [State Mandate] Planning related issues and their impacts on air quality Regulation Development [State Mandate] Project Review (CEQA) [State Mandate] Grant Programs Carl Moyer Grant Program School Bus Program Public Education/Public Relations Attachment 3 CITY OF FORT BRAGG ~corporated Zlugust 5, z889 416 N. Franklin St. Fort Bragg, CA 95437 Phone: (707) 961-2823 Fax: (707) 961-2802 ci.fort-bragg, ca.us MCAQMD 306 East Gobbi St, Ukiah, CA 95482 March 13, 2006 Dear C.D. Wolbach, Phd.: Since its establishment in 1971, the Mendocino County Air Quality Management District (MCAQD) has worked to insure high quality air here in Fort Bragg. During that time, the Fort Bragg City Council has had a good working relationship with the district. It is our understanding that the cities within Mendocino County could join the board of MCAQMD, providing a more formal relationship between the cities and MCAQMD. The City Council requests that you provide, at your convenience, a presentation about MCAQMD and how it functions. We would also appreciate information about the role of the MCAQMD board and how the cities could proceed to join the board, if they chose to go that route. Thank y.o -Mnm-dgance for yours.time and consideration on this matter. Best regards. "Mayor Cc: Mendocino County Air Quality Management Board of Directors; Mendocino County Chief Executive Officer John Ball; Ukiah City Council; Willits City Council; Point Arena City Council ATTACHMENT 4 ATTACHMENT 5 CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 40100-40104 40100. Except as provided in Section 40100.5, a county board of supervisors shall be ex officio the county district board of the county. 40100.5. (a) The membership of the governing board of each county district shall include (1) one or more members who are mayors, city council members, or both, and (2) one or more members who are county supervisors. (b) The number of those members and their composition shall be determined jointly by the county and the cities within the district, and shall be approved by the county, and by a majority of the cities which contain a majority of the population in the incorporated area of the district. (c) The governing board shall reflect, to the extent feasible and practicable, the geographic diversity of the district and the variation of population between the cities in the district. (d) The members of the governing board who are mayors or city council members shall be selected by the city selection committee. In districts where the county and the cities have agreed that each city shall be represented on the governing board, each city shall select its own representative to the governing board. The members of the governing board who are county supervisors shall be selected by the county. (e) This section does not apply to any district in which the population of the incorporated area of the county is 35 percent or less of the total county population, as determined by the district on June 30, 1994, or to a county district having a population of more than 2,500,000 as of June 30, 1990. (f) If a district fails to comply with subdivisions (a) and (b), the membership of the governing board shall be determined as follows: (1) In districts in which the population in the incorporated areas represents between 36 and 50 percent of the total county population, one-third of the members of the governing board shall be mayors or city council members, and two-thirds shall be county supervisors. (2) In districts in which the population in the incorporated areas represents more than 50 percent of the total county population, one-half of the members of the governing board shall be mayors or city council members, and one-half shall be county supervisors. (3) The number of those members shall be determined as provided in subdivision (b), and the members shall be selected pursuant to subdivision (d). (4) For purposes of paragraphs (1) and (2), if any number which is not a whole number results from the application of the term "one-third," "one-half," or "two-thirds," the number of county supervisors shall be increased to the nearest integer, and the number of mayors or city council members decreased to the nearest integer. 40100.7. (a) Section 40100.5 shall not apply to a county district if each city in the county consents, by the adoption of an ordinance or resolution, to the exclusion of the county district from the requirements of Section 40100.5. (b) Within 60 days from the date of the adoption of an ordinance or resolution by all cities in the county to exclude the county district from the requirements of Section 40100.5, if requested by a majority of the cities in the county, the county district shall establish an advisory committee consisting of a mayor, or a city council member, from each city in the county. The members shall be selected by the city selection committee. (c) Subdivision (a) shall become inapplicable, and Section 40100.5 shall apply, if, at any time after the condition prescribed in subdivision (a) has been met, a majority of the cities which contain a majority of the population in the incorporated areas of the county, as established by the most recent census data, have adopted resolutions requesting the application of Section 40100.5. 40101. (a) (1) The board of supervisors of a county in which a county district is functioning may appropriate funds to the county district, which funds shall be deposited in the treasury of the county district. (2) All such appropriations are legal charges against the county. (b) A county district may contract, by a memorandum of understanding, joint powers agreement, or other agreement, with the county in which the county district is functioning, to provide facilities and administrative, legal, health coverage, risk management, clerical, and other support services, including, but not limited to, those facilities and services that the county provided to the county district prior to July 1, 1994. 40102. A county district which is included entirely within another district created by special law, or pursuant to Chapter 5 (commencing with Section 40300), shall cease to function and exercise its powers upon the date the other district commences to function and exercise its powers. 40103. When a county district ceases to function and exercise its powers because it is included entirely within a regional district created pursuant to Chapter 5 (commencing with Section 40300), the regional district shall succeed to all the funds, property, and obligations of the county district. Where the county district is included within two or more such regional districts, the funds, property, and obligations of the county district shall be apportioned to the regional districts as agreed upon by the regional districts and county district. 40104. Notwithstanding any other provision of law, a county may delegate air pollution rulemaking and enforcement duties to a duly created joint powers authority established for air pollution control purposes of which the county is a member. CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 March 15, 2006 4:20:43 PM Fiscal Year 2006-07 Goals and Objectives (Continued from March 1, 2006) - Public Works, Community Services, and Airport. Councilmembers Present: Crane, McCowen, Baldwin (arrived at 4:57 p.m.), and Mayor Ashiku. Councilmember Absent: Rodin. Recessed: 5:52:03 PM Reconvened: 6:09:02 PM 1. ROLL CALL Councilmembers Present: Crane, McCowen, Baldwin, and Mayor Ashiku. Councilmember Absent: Rodin. Staff Present: City Manager Horsley, Electrical Distribution Engineer Kirkley, Finance Director McCann, City Attorney Rapport, Planning and Community Development Director Stump, and City Clerk UIvila. 2. PLEDGE OF ALLEGIANCE Councilmember Crane led the Pledge of Allegiance. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 3a. Proclamation: Workers Memorial Day The Proclamation was continued to the April 19, 2006 meeting. 4. APPROVAL OF MINUTES 4a. Regular Meetinq Minutes of January 18, 2006 Councilmember McCowen recommended a correction to page 10, that the third paragraph should read "City Manager Horsley responded to an inquiry by Councilmember Crane concerning the possibility of separating the water, sewer, and electric divisions." He also recommended a correction to page 13, that the last paragraph should show that the motion was made by Councilmember McCowen and seconded by Councilmember Crane. There was a brief discussion regarding the time in which the meeting adjourned from Closed Session and City Attorney Rapport stated that he would check his notes and advise the City Clerk. MIS McCowenlCrane approving the regular meeting minutes of January 18, 2006 as amended; carried by unanimous consent. 4b. Regular Meetinq Minutes of February 1, 2006 MIS McCowen/Crane approving the regular meeting minutes of February 1, 2006 as presented; carried by unanimous consent. 5. RIGHT TO APPEAL DECISION6:12:28 PM Mayor Ashiku read the "Right to Appeal Decision". 6. CONSENT CALENDAR6:12:50 PM City Clerk Ulvila identified an error in the meeting date on item "6c" and requested the record reflect the correct date of March 15, 2006. Additionally, there was an error on item 9d, concerning the spelling of "Wagner" in the "Recommended Action" portion of the Staff Report. MIS McCowen/Baldwin approving Consent Calendar items "a" through "1" as follows: a. Received Report of Disbursements for Month of February 2006; b. Adopted Resolution 2006-43 Approving Records Destruction (Fire Dept.); c. Rejected Claim for Damages Received from Dayna Bass and Referred to Joint Powers Authority, Redwood Empire Municipal Insurance Fund; d. Rejected Bid for Bulk Aviation Fuel Storage Tank Modification; e. Received Notification of Expenditure of Funds in the Amount of $11,178.12 to Valley Power Systems for Emergency Transmission Repairs to 1984 Pierce Fire Engine; f. Awarded Sole Source Bid to Medtronic Emergency Response Systems in the Amount of $31,564.11 for the Purchase of Two Replacement Life Pak 12 Defibrillator/Monitor Units; g. Received Report of Purchase of Services from Johnson's Quality Tree Care for the Removal of Three Trees in the Amount of $5,200; h. Adopted Resolution 2006-44 Approving Records Destruction (Personnel Department); i. Received Report of Acquisition of Replacement Computer Equipment from Dell Marketing, L.P.; j. Received Report of Acquisition of Miscellaneous Tools for Newly Acquired Fire Engine from LN Curtis and Sons Fire Equipment in the Amount of $6,729.77; k. Received Report of Purchase of 165 Yards of Decomposed Granite from Borges Transfer Service in the Amount of $9,850.50 for the Construction of Walkways at Orchard Park, Observatory Park and the Ukiah Sports Complex; I. Awarded Bid for the Purchase of Services from Able Fence Company for the Replacement of 650 Feet of Chain Link Fence at Riverside Park in the Amount of $17,550. 7. AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:14:12 PM Mr. Anibal Castillo announced that the School of Performing Arts and Cultural Education (SPACE) will be presenting a Cultural Performance Project on March 25, 2006 at the Ukiah High School Cafetorium beginning at 8:00 p.m. Mr. Howie Hawkes, Chairman of the Paths, Open Space, and Creeks Commission (POSC), provided a recap of the POSC western hills trail project. Mayor Ashiku recommended that Mr. Hawkes work with Planning Director Stump on this project and try to provide further information to the City Council at the April 5th Council meeting. Mr. Lee Howard, 3900 Parducci Road, discussed requests for information he submitted to the City on several occasions under the Public Records Act. Councilmember Baldwin inquired concerning the status of a report of the flood damage. 8. PUBLIC HEARINGS None. 9. UNFINISHED BUSINESS ga. Discussion and Possible Action Regarding Revised Request from Brian Brodoski (DFM Stereo/Home Audio Video) for Additional Public Benefit Funds for Photovoltaic Solar Electric Generatin_~ Facility 6:29:42 PM Electrical Distribution Engineer Kirkley explained that the City's policy for the Photovoltaic (PV) Buy Down Program provides customers with a rebate of $3/AC Watt (W) with limits of $6,000 for residential installation and $25,000 for commercial installation. At the December 21, 2005 City Council meeting, Mr. Brian Brodoski, owner of dfm Car Stereo/Home Audio Video, requested a $70,000 rebate for the installation of a 23,712 AC W PV solar electric generating facility. The City Council approved a $50,000 rebate. On February 2, 2006, Mr. Brodoski applied for a permit to install a smaller 16,868 AC W PV system at a cost of $134,865. Mr. Brodoski is now requesting the City Council approve the rebate of $50,000 for the smaller unit. Mr. Brian Brodoski responded to questions by Council concerning the demonstration project and noted that it would be a hands-on demonstration for the public and would promote photovoltaic projects. MIS McCowen/Crane approving a $50,000 solar rebate to dfm Car Stereo Home Audio Video for the installation of a 16,868 AC W photovoltaic system provided the owner, Mr. Brian Brodoski, sends City staff a written description of the "Photovoltaic Showcase" he presented to the City Council that would be open to the public in order to generate interest in future solar installations for the City of Ukiah; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, and Mayor Ashiku. NOES: Baldwin. ABSENT: Rodin. ABSTAIN: None. 9. UNFINISHED BUSINESS 9b. Discussion and Direction Concerninq the Review of Proposals and Consultant Selection Process for the Downtown/Perkins Street Community Visioninq and Form Based Zoning Project6:41:25 PM Councilmember Crane recused himself from the meeting as he might have a conflict regarding this matter at 6:43:24 PM. Discussion of Staff's request followed, and it was the consensus of the City Council to allow Planning Director Stump to proceed with a RFP for the project, review and rank the proposals received, and provide Council with a report of the proceedings. 6:46:38 PM Councilmember Crane returned to meeting. 9. UNFINISHED BUSINESS 9c. Receive Status Report Concerninq Sign Ordinance Enforcement Activities6:46:44 PM Planning Director Stump stated that once familiar with the City's regulations, the Code Compliance Coordinator will be contacting business owners concerning any possible violations. He explained that staff is utilizing a data base which identifies the property, owner, the type of violation, and dates of interaction. Discussion followed with regard to contacting contractors that design and install signs concerning the City's regulations, and directing staff to provide monthly reports to the City Council regarding the number of violations and citations. Councilmember Crane suggested categories of information that might be included in the monthly reports. Mayor Ashiku felt it important for City staff to invite the Chamber of Commerce to participate and learn the regulations, and to convey this information to their clients. He voiced his support of staff's efforts to gain compliance and implement an enforcement program for the City. 9. UNFINISHED BUSINESS 9d. Discussion and Approval of Work Plan for Hydrologic Investigation Within the Ukiah Valley7:01:50 PM City Manager Horsley advised that the City Council directed staff to provide information regarding a work plan to address possible impacts on the City's water supply from future water demands in the unincorporated areas. She responded to questioning by Council concerning the City's well siting study and discussed aspects of the Wagner & Bonsignore's proposal in further detail. Councilmember Crane inquired about obtaining information from the Sonoma County Water Agency's computer modeling. He also expressed concern that the City not duplicate work that we may have access to elsewhere. City Manager Horsley responded that she would contact Wagner & Bonsignore regarding the SCWA. Councilmember Baldwin referred to items "e, f, and g" on page 2 of Wagner & Bonsignore's memorandum and that obtaining that information would be very valuable. Mayor Ashiku requested Councilmember Crane to review the software study provided. It was the consensus of the City Council to support the City Manager's recommendation to work with the well siting consultant to obtain additional data as outlined in the Wagner & Bonsignore hydrology study work plan. 10. NEW BUSINESS 10a. Authorize City Manager to Neqotiate and Siqn Contract with Independent Web Desi_clner, Suzanne Hernandez, for Phase One of Redesiqn of the City Web Site to Improve Site's Appearance, Ease of Use, Security and Maintenance Access 7:11:24 PM Finance Director McCann advised that Staff has received Council direction to improve the City's website. He stated that he feels Suzanne Hernandez's offers the skills, vision, and creativity to provide the City with a good product in an approach to making it manageable and secure in a way that would provide the City with the ability to make upgrades readily to the site. City Manager Horsley reiterated that if this project is approved, she would go through the process of working with staff, City Council and the public to determine what should be on the City's web site and what should be prepared in the framework for the future. Director McCann explained that it will be an ongoing, interactive, process that will require feedback from the public. Councilmember Crane advised that he spoke to Ms. Hernandez today and he is comfortable with her ability to perform the work. He noted that he discussed his personal view of where he thinks the City should head with the web site. He recommended the following: · People making applications · People scheduling inspections · People learning about upcoming events, · People learning about the rules that apply to every aspect of where the City has rules · The back story or history of the City of Ukiah · Having access to streaming audio of Council and commission meetings · Having links to other government agencies that have rules that apply Councilmember McCowen stated that he hopes the City can focus the resources that are needed in order to bring it forward as quickly and as reasonably as possible. Director McCann confirmed that 20% of the project would consist of the visible appearance of the web site and 80% would provide the City good access to allow staff to post information to the site. Councilmember Baldwin inquired if it is possible to have a section called "commonly asked questions" where the City can predict some common questions the public might ask, such as the issue of construction on Sundays or disturbing the peace. Suzanne Hernandez explained that it is possible to track where people are going on the website by checking the statistics. Currently, the number one page being visited on the City's web site is job openings. Councilmember McCowen recommended incorporating into the web site an online suggestion box and to have the replies appear online. Mayor Ashiku asked that staff provide instructions for downloading the software information for viewing Council meetings from the Internet. Councilmember McCowen suggested that staff include an additional note stating that for those that do not have Internet access, a CD will be provided with the program to use the CD. Public members Dottie Coplen and Benj Thomas spoke to the issue. MIS Baldwin/McCowen authorizing the City Manager to negotiate and sign contract with independent web designer, Suzanne Hernandez, for phase one of redesign of the City web site to improve site's appearance, ease of use, security, and maintenance access at an amount not to exceed $13,500; carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSTAIN: None. 11. COUNCIL REPORTS7:33:03 PM Councilmember McCowen reported attending a meeting of the Mendocino Council of Governments (MCOG). Caltrans representatives reported that they anticipate starting construction of the Willits Bypass in two years. He also attended a Board of Supervisors' meeting yesterday. The Board considered the possibility of adopting an interim urgency ordinance limiting general plan amendments and use permits while the Ukiah Valley Area Plan (UVAP) process moves forward. After extensive public comment and Board discussion, the Board elected not to adopt an urgency ordinance. They agreed to proceed with the work plan for the UVAP. The hope is that the Board will bring that project forward, complete with the environmental documents, complete within about twenty-two months. Councilmember Baldwin advised that he will provide a report to the City Council concerning the Inland Water and Power Commission at the next meeting. Mayor Ashiku provided information on the progress made by City Staff, Councilmember McCowen, and himself concerning the Council/Supervisor Committee and the Annexation Committee. Mayor Ashiku requested the City Manager look into the matter of the delay in retrieving records requested by Mr. Lee Howard. 12. CITY MANAGER/CITY CLERK REPORTS7:37:04 PM City Manager Horsley inquired about the UVAP meeting with regard to a newspaper article that stated that some members of the Board of Supervisors are concerned that the UVAP would delay the General Plan update. Councilmember McCowen stated it is his understanding that some Supervisors expressed the concern that they should be focusing on the General Plan, however, the UVAP is the General Plan for the Ukiah valley. City Manager Horsley reviewed her memo to Council concerning upcoming Council meetings. Mayor Ashiku noted that he needed to research the matter as to whether he had a conflict to participate in the March 29th meeting. City Attorney Rapport explained that if any City Council member has questions concerning conflict of interest, he prefers that they ask him well in advance of the meeting so that he will have an opportunity to research the matter. He noted that it has already been determined that Councilmember Crane still has a conflict. City Clerk Ulvila reminded the City Council that FPPC Form 700, Statement of Economic Interests, needs to be filed in her office by the April 3, 2006 deadline. She announced that she would be out of town March 28 through March 31, 2006. Adjourned to Closed Session: 7:42:25 PM 13. CLOSED SESSION 13a. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager 13b. Conference With Legal Counsel-Anticipated Litigation, Initiation of Litigation (One Case) Government Code Section 54956.9(c) Reconvened' 9:30 PM 14. ADJOURNMENT There being no further business, the meeting was adjourned at 9:30 PM. Marie Ulvila, CMC City Clerk AGENDA SUMMARY REPORT ITEM NO. 6.a DATE: April 5, 2006 SUBJECT: NOTIFICATION OF THE PURCHASE OF CHLORINE PRODUCTS FROM PIONEER AMERICAS LLC FOR THE WATER TREATMENT PLANT In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted for the purpose of reporting the purchase of chlorine products for the Water Treatment Plant from Pioneer Americas LLC which cost more than $5,000 but less than $10,000. While, based on last year's actual consumption numbers and projected consumption for this year, the total expenditure is anticipated to be less than $5,000.00, chlorine consumption has, at times, exceeded this projection. As such, staff is reporting the possible total cost based on usage which could exceed $5,000.00. Pioneer Americas was the only qualified vendor to return a quote of $599.90 for each l-ton cylinders and $105.49 for each 150 lb. cylinders. The purchase of chlorine products was anticipated and budgeted in Fiscal Year 2005-06 in account number 820.3908.520.000. RECOMMENDED ACTION: Receive notice of the purchase of chlorine products from Pioneer Americas LLC ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: N/A Ann Burck, Water-Utilities Project Engineer Alan Jamison, Water Treatment Plant Supervisor Mary Horger, Purchasing Agent and Candace Horsley, City Manager Candace Horsley, City ManAger ITEM NO. 6.b DATE: April 5, 2006 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF RESOLUTION ADOPTING PRINCIPLES FOR CONGRESS & LEGISLATURE TO CONSIDER IN THE DEVELOPMENT OF TELECOMMUNICATIONS REFORM; AUTHORIZE CITY MANAGER TO RESPOND TO FUTURE TELECOM ISSUES AS NEEDED CONSISTENT WITH COUNCIL DIRECTION At both the Federal and State levels, telecommunications reform is being proposed which could impact Cities. The League of California Cities Board of Directors has adopted a set of telecommunications principles to guide the League's position and its lobbying efforts. The League has requested the City Council pass a resolution (Attachment 1) supporting the League's telecom reform principles. Staff recommends Council approve the attached resolution and further requests authorization for the City Manager to respond to any future telecommunications reform issues consistent with Council direction. RECOMMENDED ACTION: Approve resolution adopting principles for Congress & Legislature to consider in the development of telecommunications reform; authorize City Manager to respond to future Telecom issues as needed consistent with Council direction. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: Prepared by: Coordinated with: Attachments: APPROVED: League of California Cities Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1- Resolution Adopting Principles for Telecommunications Regulatory Framework 2- League of California Cities E-mail Correspondence Requesting City Endorsement of Telecommunication Principles ca'n~ce Horsl~y,'city ~anager ATTACHMENT RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING PRINCIPLES FOR CONGRESS AND THE CALIFORNIA STATE LEGISLATURE TO CONSIDER IN THE DEVELOPMENT OF TELECOMMUNICATIONS REFORM WHEREAS, technological advances in telecommunications services are outpacing the current state and federal regulatory framework for those services; and WHEREAS, the new telecommunications services will be vital to the businesses, households and the public safety of local communities; and WHEREAS, Congress and the California state legislature are beginning a serious debate on a new regulatory framework for telecommunications services in the 2006 legislative session; and WHEREAS, financial resources that cities receive under the current regulatory framework for telecommunications services are vital to support local public services such as public safety and transportation; and WHEREAS, the taxpayers have a financial interest to protect in the public's right-of-way; and WHEREAS, fair, level playing-field competition among telecommunications providers is important to delivering telecommunications services at the best price for our citizens, the consumers; and WHEREAS, telecommunications industry services to a local community such as Public Education and Government (PEG) channels, INET services to local schools and E911 and 911 public safety services to local citizens are important services to maintain; now there fore be it NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Ukiah, this 5th day of April, 2006 does hereby adopt the following principles for Congress and the state legislature to consider in its debate over a new telecommunications regulatory framework: REVENUE PROTECTIONS · Protect the authority of local governments to collect revenues from telecommunications providers and ensure that any future changes are revenue neutral for local governments. · Regulatory fees and/or taxes should apply equitably to all telecommunications service providers. · A guarantee that all existing and any new fees/taxes remain with local governments to support local public services and mitigate impacts on local rights- of-way. · Oppose any state or federal legislation that would pre-empt or threaten local taxation authority RIGHTS-OF-WAY To protect the public's investment, the control of public rights-of-way must remain local. Local government must retain full control over the time, place and manner for the use of the public right-of-way in providing telecommunications services, including the appearance and aesthetics of equipment placed within it. ACCESS All local community residents should be provided access to all available telecommunications services. Telecommunications providers should be required to specify a reasonable timeframe for deployment of telecommunications services that includes a clear plan for the sequencing of the build-out of these facilities within the entire franchise area. PUBLIC EDUCATION AND GOVERNMENT (PEG) SUPPORT The resources required of new entrants should be used to meet PEG support requirements in a balanced manner in partnership with incumbent providers. For cities currently without PEG support revenues, a minimum percentage of required support needs to be determined. INSTITUTIONAL OR FIBER NETWORK (INET) The authority for interested communities to establish INET services and support for educational and local government facilities should remain at the local level. PUBLIC SAFETY SERVICES The authority for E-911 and 911 services should remain with local government, including any compensation for the use of the right-of-way. All E-911 and 911 calls made by voice over internet protocol shall be routed to local public safety answering points (PSAPs); i.e., local dispatch centers. All video providers must provide local emergency notification service. CUSTOMER SERVICE PROTECTION State consumer protection laws should continue to apply as a minimum standard and should be enforced at the local level. Local governments should retain the authority to assess penalties to improve customer service OTHER ISSUES Existing telecommunications providers and new entrants shall adhere to local city policies on public utility undergrounding. BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to the Congressional Representative and all state legislative representatives for the City of Ukiah as well as all appropriate local media outlets. PASSED AND ADOPTED by the City Council of the City of Ukiah on this 5th day of April, 2006, by the following roll call vote: AYES: NOES: ABSTANING: ABSENT: Mark Ashiku, Mayor ATTEST: Marie Ulvila, Deputy City Clerk ..... Original Message ..... From: Amy O'Gorman [mailto:aogorman@cacities.org] Sent: Monday, March 27, 2006 11:51 AM Subject: Telecom Update 3/27/06 Dear City Managers, Redwood Empire Division: As reported previously, the telecommunications debate at both the federal and state levels promises to be a big issue for cities this year. At the state level, just last week, Capitol Weekly reported on a major telecom reform bill by Speaker Fabian Nunez. While still a "spot" bill, AB 2987 seeks to create a centralized franchising mechanism. A copy of the article is provided below. At the federal level, Republican Members of the House Energy & Commerce Committee are developing significant telecom legislation. Reports suggest the draft legislation would strip local governments' authority to enter into franchising agreements with new video providers and possibly terminate existing cable franchise agreements. League Telecom Policy & Principles: As you know, the League board of directors adopted a set of telecommunications policy & principles to guide the League's positions and lobbying activities in this developing debate. Please find the adopted policy & principles attached. I've also attached the following documents: * Resolution in support of League's Telecom Policy & Principles * Telecom Talking Points The passage of. resolutions to support the League's telecom policies will be an important part of our lobbying efforts at the state and federal levels. That said I encourage all of you to please place the attached resolution on your council agendas as soon as possible. As always, I would be happy to come and present this issue if you're interested and as my schedule allows. Meetings with State & Federal Representatives. The League's telecom lobbyists are urging regional staff to please schedule meetings with state and federal representatives as soon as possible to present the local government position on the telecom issue. Meetings with Rep. Mike Thompson, as well as State Legislators Chesbro & Berg are pending, so please stay tuned for meeting dates/times. Conference Calls & FAQ Sheet. The League is planning to hold regular conference call meetings to give city officials the opportunity to call in and catch the "latest" on the telecommunications front, including the battles going on from city-to-city with AT&T (mostly) and attempts on their behalf to talk city officials into signing "contracts," not franchises, with local agencies. We will have resource people on the phone calls to help get the messages out. I will be sure to copy all of you on any communication going out announcing the conference calls. The League is also developing a Frequently Asked Questions (FAQ) piece that we will be distributing shortly (early next week). Additional updates concerning this and other telecom legislation will be provided on the conference calls and by me on a regular basis. April 28th Division Meeting to Focus on Telecom. At the last meeting of the Redwood Empire Division, members requested that the next meeting focus on telecommunications issues. Please save the date of Friday, April 28th for an in-depth telecom discussion. Details will be provided shortly. Thank you in advance for your help with this effort. As always, please feel free to contact me if you have any questions for need additional information. Thanks! Amy CAPITOL WEEKLY NEWS N6~ez to sponsor major cable deregulation bill By Shane Goldmacher <http://www.capitolweekly.net/emailarticle.html?article id=589> (published March 23rd, 2006) Assembly Speaker Fabian N6~ez is drafting sweeping legislation that could fundamentally change California's phone, Internet and television landscape. The measure would centralize franchising for the state's multibillion-dollar cable market to allow telecommunication giants AT&T and Verizon to better compete with the state's existing cable-operators. California would become only the fourth state in the nation to allow telecommunications companies to apply for state-issued cable franchises. Since Texas became the first state to deregulate its cable industry last September, California is one of a dozen states that have discussed similar changes. N6~ez is quick to say the legislation is "not fully cooked." The bill, AB 2987, does not yet contain any substantive legal language, but the speaker says a fleshed-out law could be coming in the next weeks. Participants in the high-stakes negotiations have been meeting qufetly in the Capitol since last April. "The bread is being baked as we speak," said N6~ez. What's at stake is the opening wide of the state's estimated $5 billion broadband market that provides millions of Californians high-speed Internet access and cable television. It is a growing market that both AT&T and Verizon are determined to enter. AT&T already has committed to spend $4.4 billion to upgrade its existing phone lines to high-speed fiber optic lines capable of transmitting video and Internet signals faster than DSL. The upgrade would reach out to 18 million customers in 13 states, including California. But under current state law, phone companies must negotiate separate cable-franchise agreements with each municipality into which they expand. That's the same system the cable companies have navigated over the last three decades. But AT&T and Verizon say the bureaucracy is outdated and ineffective. "If we had to follow a city-by-city process, and if we were able to secure one agreement a week, it would take over seven years to get all the approvals to roll out this new service in California," said AT&T spokesman Gordon Diamond. "[We are] supporting a statewide process that would ... remove some of the barriers that exist right now to enter the video services market." The N6~ez legislation, which is being co-authored by the chair of the utilities and commerce committee, Assemblyman Lloyd Levine, D-Van Nuys, would allow cable and broadband providers to seek a single franchise agreement at the state level. The result, Levine and N6~ez say, would be the investment of billions of dollars by the telecommunications industry to create a new, privately funded digital infrastructure for California. According to industry estimates, it costs $25,000 to $40,000 per mile of new overland fiber optic lines and more than $40,000 per mile of underground wiring. "I am looking at the biggest investment in technology infrastructure to reach as many Californians as possible," said N6~ez. "I think the opportunities are endless." With both telecommunications firms and existing cable operators potentially offering high-speed Internet, television and voice services in the same area, proponents of the new policy say the average consumer may save on their monthly bill. "Ultimately I think that the more competition you have, you typically drive down the cost of the product," added N6~ez, who has received more than $20,000 from cable and telecommunications companies since 2005. But Lenny Goldberg, a consumer advocate and lobbyist for The Utility Reform Network who has been involved in the legislation discussions, worries that the new regulations and competition may only benefit more affluent customers. "Often, you provide competition and the best services for the customer with the most money," says Goldberg. "The result is [that the] so-called benefits of competition go to the high-end and those people at lower incomes or poor locations are paying the disproportionate share of the costs." One of the central controversies of the proposed legislation is over what populations would be served by the new high-capacity fiber optic lines. Historically, cable providers have been required to "build out" to serve entire municipalities with their best available technology--without discriminating against racial groups or income levels. Even latecomers to the cable market have been required to expand via a "balanced build out .... serving affluent and poor neighborhoods equally. For example, Sacramento's SureWest recently was forced to offer cable service to both the wealthy Land Park neighborhood and the less affluent Oak Park area. But telecommunications companies would rather expand without such a "balanced build" requirement. "This is a private investment and we have to make sure we are spending our dollars and making our investment wisely," said AT&T spokesman Diamond. AT&T has said that its business model is to bring "Project Lightspeed," its fastest broadband, to 90 percent of "high-value" customers--defined by those who spend more than $160 a month on telecom and entertainment services. But the business plan calls for bringing the fastest "Lightspeed" technology to only 5 percent of "low-value" customers that spend less than $110 a month. Diamond emphasizes that "In no way should this be interpreted as saying that we are targeting affluent areas only. It couldn't be further from the truth. We want to provide our services to as many customers as we can." But cable operators say such customer selection is unacceptable. "It is classic redlining," said California Cable Television Association President Dennis Mangers, borrowing a term from other industries' past practice of charging higher rates to predominantly poor, ethnic communities. Both local government groups, which fear that certain cities or segments of cities could be left underserved, and the legislative sponsors sound committed to requiring some degree of a balanced build. In February, the board of directors of the League of California Cities adopted a telecommunications policy that demanded "all local community residents" have access "to all available telecommunications services." Further, the League agreed to demand "a reasonable timeframe for deployment of telecommunications service that includes a clear plan for the sequencing of the build out" throughout the municipality. N6~ez was equally unequivocal. "The key thing first is you have got to be able to bring that fiber optic cable to everyone's doorstep," he said. Levine calls expanded broadband access the central goal of the legislation. "This bill is really about broadband deployment. [Cable television] is really the cash cow that makes broadband deployment financially possible," he said. There are several other unresolved issues with the legislation, including ensuring that any new state-issued franchise is revenue neutral to local governments--something all sides have committed to. Under current franchise agreements, most municipalities receive 5 percent of the cable company's gross revenues. That amounts to an estimated $250 million in local revenue in the state. The League of California Cities also wants to ensure the continued providing of public education and government (PEG) channels, as well as control over public rights-of-way (i.e. controlling the installation of cables underneath public property). These, and other sticking points, have been the focus of a series of unpublicized meetings--chaired by Assemblyman Levine with senior-level staff and industry stakeholders--that have been occurring in the Capitol since last spring. Mangers said those meetings have shown Levine, N~ez, and Sen. Martha Escutia, D-Montebello, who has her own telecom bill, to be "honest brokers" in the regulation changes. "The way we are going to do this is a level playing field where everybody wins, where there is a benefit to municipalities, a benefit to the state, a benefit to the customer," says N6~ez. "That's the only way this is going to work." Shane Goldmacher is a Capitol Weekly staff reporter and author of The California Observer <http://caobserver.blogspot.com> Amy O'Gorman Regional Public Affairs Manager, North Bay & Redwood Empire Divisions League of California Cities P.O. Box 623 Sonoma, CA 95476 (707) 291-3270 Fax: (707) 939-8703 aogorman@cacities.org <mailto:aogorman@cacities.org> AGENDA ITEM NO: MEETING DATE: April 5th, 2006 SUMMARY REPORT SUBJECT: REPORT OF DISPOSITION OF SURPLUS MATERIALS, USED EQUIPMENT AND SUPPLIES Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, a list of items determined to be obsolete by various departments and their disposition has been prepared (Attachment #3). The sale of items on March 19th, 2005 and February 25th, 2006 were conducted through the Redwood Empire Auctioneering Company. The sale of May 3rd, 2005 was through a sealed bid process, and conducted through the office of the City Clerk. Items sold were generally either very old in age, worn out, operated inefficiently, or broken, and were determined to be not worth the additional investment of labor and/or material cost to put back in to service. Other items were sold because they were no longer used by the City. Sale and disposal of these items is in accordance to City Code Section 1533 and the Surplus Procedure Statement which includes auction and disposal of items in surplus. Total revenue from all three sales was $10,911.15. RECOMMENDED ACTION: Receive and file report regarding the disposition of surplus materials, used equipment and supplies. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: 1. . N/A Mike McCann, Director of Finance Mary Horger, Purchasing Agent Candace Horsley, City Manager Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement City Code Section 1533 Surplus disposition list Approved:', candace Horsley, C~Manager · Attachment~ ' I II I PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES 9/18/96 · In order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: . On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment foUnd to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and PurchasingANarehouse Supervisor. . Those items listed as surplus will continue t© be housed within the Department requesting disposition until a sale is completed or date of auction. · . o Copies of the items listed as surplus are distributed bY the Director of Finance to all Department Heads for possible recycling. Purchasing Officer shall have the authority to dispose'Of surplus and file a report with the City Council setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. . The pUrchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. ao Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. bo Purchasing Department will coordinate public auctions with the County of Mendocino, joining with them for sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. C. Purchasing Department will coordinate the moving of surplus items to 'the auction site during the week immediately preceding the auction. d° Following the auction, the auctioneer will proVide a list of items sold, the selling prices, and the funds received to the Purchasing Department. Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the PUrchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. 'In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. o If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable to assume that 'the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. C:~My Documenls\WPDOCS~PROCEDUR.ES FOR SALES OF SURPt. IIS OR OBSOI .FTf'l=.q¢, cln~- §1530 §1534 Attc chment.# 7__.. 1. Recorded Explanation: The head of such department shall send to the Purchasln~ Officer a requisition and a copy of the delivery record together with a full wdtten report of the circumstances of the emergency~ The repod shall be filed with the Council. as provided in subsection A1 above. · · 2. Emergency Procedure- The Purchaslng Officer shall prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, §2, adoPted 1975) §1531' · COOPF. P, ATIYE ?URC.HASING: The 'Purchasing Officer Shall have the authority to join with other units of government in cooperatlve pur6ha, sing plans when the best interests'of the City,would be se?red thereby. (Ord. 667, §2, adopted 1975) '~'-' {}1532: INSPECTION AND TESTING: The Purchasing Officer shall Inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 667, §2,. adopted 1975} §1533: SURPLUS SUPPLIES 'AND EQUIPMENT: All departments shall submit to the Purchasing Officer, at such times and in such forms as he shall prescribe, reports showing ~II supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority to exchange for or trade in on new Supplies and equipment all supplies and equipment which cannot be used by any agency or which have become 'unsuitable' for City use. The Purchasing Officer shall have the authority to dispoSe of surpluS 'property by solicitation of bids or by public auction. (Ord. 667, §2, adopted, 1975) §1534' SEVERABILITY: if any section, subsection, ' subdivision, sentence, clause or phrase of this ordinance is for any reason held t~) be unconstitutional or otherwise invalid, such invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be-declared unconstitutional or otherwise invalid. (Ord. 667, §2, adopted 1975) 1064 SOLD SURPLUS ITEMS ATTACHMENT #3 ITEM NO. DEPARTMENT ITEM SOLD 1 100-2001 Crown Victoria, 1994 (Veh #4200) 3/19/2005 2 100-2001 Crown Victoria, 1995 (Veh #4143) 3/19/2005 3 100-2001 Kawasaki K21000 Police Motorcycle 5/3/2005 4 100-6001 Craftsman riding lawnmower 2/25/2006 5 100-6001 Poulan chainsaw 2/25/2006 6 100-6001 Power saw 2/25/2006 7 100-6001 Edger, gas 2/25/2006 8 100-6001 Partner power saw 2/25/2006 9 100-6001 Snapper Rotary Push Mower 2/25/2006 10 100-6001 Homelite Push Mower, 20" Side Dist. 2/25/2006 11 100-6001 McLane Turf Edger. 2/25/2006 12 100-6001 Murry Rotary Push Mower. 2/25/2006 13 100-6001 Pool Fiberglass Sand Filter (3 each) 2/25/2006 14 100-6001 Husqvarna Weed Eater 2/25/2006 15 100-6001 Shindaiwa Weed Eater 2/25/2006 16 100-6001 Powermate Gas Powered Pressure Washer 2/25/2006 17 100-6001 Stihl Hedge Shears 2/25/2006 18 100-6001 Trash receptacles, concrete (8 each) 2/25/2006 19 100-6001 Datsun Pickup, 1978 (Veh #3250) 2/25/2006 20 100-3110 Joy Compressor '83 2/25/2006 21 100-3110 Small sidewall Grinder 2/25/2006 22 100-3110 Asphalt Layton Box, '67 2/25/2006 23 100-3110 Vibra Plate, '60 2/25/2006 24 100-3110 Cement Saw, 2/25/2006 25 100-3110 Pallet of old red bricks (2 each) 2/25/2006 26 100-3110 ~16 rollers for D-8N Cat 2/25/2006 27 100-3110 Equipment wheels and 2 pallets misc. 2/25/2006 28 100-3110 Emergency Lights 2/25/2006 29 100-3110 Porto-Fast battery charger 2/25/2006 30 ' 600-5001 Truck Camper Shell 2/25/2006 31 600-5001 Truck Tool Boxes (2 each) 2/25/2006 32 600-5001 Truck bumpers & rails (2 each) 2/25/2006 33 100-2001 Crown Victoria, 2001 (Veh #4144) - SALVAGE 2/25/2006 34 100-2001 Crown Victoria, 1998 (Veh #4201) - SALVAGE 2/25/2006 35 100-2001 Crown Victoria, 1998 (Veh #4211) - SALVAGE 2/25/2006 36 800-3733 Isuzu Pickup, 1986 (Veh #3211 ) 2/25/2006 37 800-3733 Mazda Pickup, 1988 (Veh #3281) 2/25/2006 38 100-2101 Crown Victoria, 1992 (Veh #4133) - SALVAGE 2/25/2006 Revenue from sale of 3/19/05: $ 2,790.00 Revenue from sale of 5/03/05: $ 1,394.25 Revenue from sale of 2/25/06: $ 6,726.90 Total Revenue from all three sales: $ 10,911.15 Page 1 AGENDA SUMMARY ITEM NO. 6.d DATE: REPORT April 5, 2006 SUBJECT: AUTHORIZE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENT FOR LAND SURVEYING SERVICES WITH SHN CONSULTING SERVICES FOR TWO YEAR CONTRACT IN AMOUNT NOT TO EXCEED $20,000 In May 2001, the City entered into a Professional Services Agreement with T. M. Herman and Associates, Inc. of Willits, now know as SHN Consulting Services (SHN). Since that time, the firm has worked on a variety of tasks for Public Works and Engineering. Staff wanted to give other local Land Surveying firms an opportunity to provide these services to the City. Staff was interested in proposing this to other firms to encourage competitive rates and to provide an equal opportunity to all local professionals. The informal request for proposals for this work was not based on any dissatisfaction for the work product that SHN has continued to provide the City. In March, 2006, staff contacted three qualified consulting firms in the Ukiah area to determine their interest in providing these services. All declined with the exception of SHN. Over the duration of the previous agreement, SHN's staff has provided support of the City's Public Works Engineering staff. Many processes related to development permits require review and approval by a licensed Land Surveyor. Items requiring review include Parcel Maps, Final Maps, Easements, Rights-of-Way, Certificates of Compliance and related supporting documents. In order to assure that the necessary review is accomplished in a timely manner, the City has utilized consultants to provide these services. SHN has also been available for other surveying services related to Standley Street, the Fish Hatchery property and the Sun House property. SHN is a local firm with access to the necessary records and an understanding of the City's local requirements. Continued on Page 2 RECOMMENDED ACTION: Authorize City Manager to execute professional services agreement for land surveying services with SHN Consulting Services for two year contract in amount not to exceed $20,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct Staff to contact Land Surveying Professionals outside the local area with a formal RFP. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Tim Eriksen, Director of Public Works / City Engineer Tim Eriksen, Director of Public Works / City Engineer Candace Horsley, City Manager 1. FY 2005/2006 Budget Sheet --Candace Horsl~ City Manager Page 2 PROFESSIONAL SERVICES AGREEMENT FOR LAND SURVEYING SERVICES April 5, 2006 In cases where work performed by SHN on behalf of developers requires action by the City, the City shall use Coastland Civil Engineers for independent review of work. A sum of $20,000 will fund these services for two years. At the end of the two year period, staffwill again solicit informal bids from other qualified professional local firms. Approximately $12,000 has been included in the FY 2005/2006 budget in account 100.3001.250.000. Using salary savings due to vacant positions, a departmental budget transfer from account 100.3001.110.000 in the amount of approximately $8,000 will be processed to fund the balance of the agreement. In addition, costs incurred for the review of easements for sewer, water, and electric are reimbursed by the developer/customer. Z ~Z~ 000 O' ITEM NO. 6.e DATE: April 5, 2006 AGENDA SUMMARY REPORT SUBJECT: REPORT OF ACQUISITION OF E-MAIL SPAM FILTERING SOFTWARE FROM CLOUDMARK IN THE AMOUNT OF $8,748 SUMMARY: E-mail "Spam" has been a serious problem Citywide with some users receiving hundreds of pieces each day, some of which are very graphic and inappropriate. Not only is spam a large threat to the security of City computers and the City's network, but it has been a major time consuming task for users to eliminate the spam from their inboxes. To combat the threat, this past year the City of Ukiah began using technology provided by Cloudmark. Prior to selecting Cloudmark last year, the Information Technology Division evaluated seven different client based spam filtering software products to combat this serious problem: Cloudmark SafetyBar, MailWasher Pro, No Spam Today!, Lockspam, Norton Anti-Spam, McAfee Anti-Spam, and Qurb Anti-Spam. Upon conclusion of the evaluation, staff determined that the Cloudmark SafetyBar solution best met the needs of the City's computer users overall. Staff continues to believe that the Cloudmark SafetyBar solution best meets the needs of the City. Additionally, our computer users have become familiar with the effective use of the product. As such, Staff renewed the subscription of Cloudmark SafetyBar E-mail SPAM filtering software and applied costs to accounts 100.1965.302.000 and 100.103.003 in the amount of $8,748. RECOMMENDED ACTION: Receive report on acquisition of e-mail spam filtering software from Cloudmark in the amount of $8,748. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Steven Butler, Information Technology Supervisor Coordinated with: Mike McCann, Director of Finance and Candace Horsley, City Manager Attachments: None. APPROVED Candace Horsley, City M~,nager AGENDA SUMMARY ITEM NO. 6.f DATE: April 5, 2006 REPORT SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT TO WHITLOCK & WEINBERGER TRANSPORTATION, INC. IN AN AMOUNT NOT TO EXCEED $29,500 TO COMPLETE AN UPDATE OF THE CITY'S SPEED ZONE SURVEYS SUMMARY: Staff distributed a Request for Proposals to 11 firms for professional services to update the City's speed zone surveys. Two firms responded with proposals. Staff reviewed the proposals and selected Whitlock & Weinberger Transportation, Inc. for submitting the more responsive proposal. Funds for this work are provided by the Mendocino Council of Governments through its Overall Work Program. Funds are included in the Fiscal Year 2005 / 2006 budget as shown on Attachment 1. Staff recommends award of a professional services agreement to Whitlock & Weinberger Transportation, Inc. for the update of the City's speed zone surveys. RECOMMENDED ACTION: Award a Professional Services Agreement to Whitlock & Weinberger Transportation, Inc. in an amount not to exceed $29,500 for the update of the City's speed zone surveys. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Select the other firm (not recommended). 2. Redistribute the RFP to seek other proposals. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Phil Dow, Mendocino Council of Governments Tim Eriksen, Director of Public Works / City Engine.er Rick Seanor, Deputy Director of Public Works,/~t~/~ Candace Horsley, City Manager 1. Fiscal Year 2005 / 2006 budget sheet APPROVED:'-~ ? \/ Candace Horsley, City h~anager RJS: AG-SpeedZo ne-ProfSvcs 8 o ~ Attc~chmen! # o AGENDA SUMMARY Item No 6.q Date: April 5, 2006 REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 3000 FT. OF 750 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE, IN THE AMOUNT OF $6,287.21 TO NEHRING CIO STEPHENS, McCARTHY & LANDCASTER A Request for Quotation (R.F.Q.) through the informal bid process was sent to eight suppliers. Seven bids were received by the Electric Department on March 14, 2006. Staff evaluated the bids; the lowest bidder was Nehring c/o Stephens, McCarthy & Landcaster with a bid $6,287.21. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2005/2006 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Nehring c/o Stephens, McCarthy & Landcaster for the sum of $6,287.21 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: 1. Bid results APPROVED:~ ...~--' ~;m-'¥~-¢~ "~__ Candace Horsley, City M~nager Attachment 1 BID RESULTS 3000 FT. 750 MCM ALUMINUM~ 600V~ SINGLE CONDUCTOR CABLE NEHRING C/O STEPHENS, MCCARTHY, LANDCASTER LAKE COUNTY ELECTRIC SUPPLY WESCO CHAMPION WIRE & CABLE AMERICAN WIRE GROUP CONSOLIDATED ELECTRICAL DISTRIBUTOR G.E. SUPPLY CO. $6,287.21 $7 030.69 $7 370.10 $7 437.95 $8 081.25 $8 310.76 $8 905.54 AGENDA SUMMARY ITEM NO. 6.h DATE: April 5, 2006 REPORT SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT TO MARGEN & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $34,780 TO PREPARE A COMPREHENSIVE AMERICANS WITH DISABILITIES ACT (ADA) ACCESS PLAN SUMMARY: Staff distributed a Request for Proposals to 19 firms for professional services to prepare a Comprehensive Americans with Disabilities Act (ADA) Access Plan for the City's sidewalks, curb ramps, and parking facilities. Five firms responded with proposals. Staff reviewed the proposals and selected Margen & Associates for submitting the most responsive proposal. Funds for this work are provided by the Mendocino Council of Governments through its Overall Work Program. Funds are included in the Fiscal Year 2005 / 2006 budget as shown in Attachment 1. Staff recommends award of a professional services agreement to Margen & Associates to prepare a Comprehensive ADA Access Plan. RECOMMENDED ACTION: Award a Professional Services Agreement to Margen & Associates in an amount not to exceed $34,780 to prepare a Comprehensive ADA Access Plan. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Select the other firm (not recommended). 2. Redistribute the RFP to seek other proposals. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Phil Dow, Mendocino Council of Governments ,,,/.~ z¢ Tim Eriksen, Director of Public Works / City Engineer~,'~~ Rick Seanor, Deputy Director of Public Works ./~[~ "~ Candace Horsley, City Manager 1. Fiscal Year 2005/06 budget sheet. Candace Horsley, City Mtnager RJS: AG-ADA ProfSvcs Attachment #~ AGENDA ITEM NO: 6.i MEETING DATE: April 5, 2006 SUMMARY REPORT SUBJECT: REPORT OF RESOLUTION OF THE COMMISSION OF THE NORTHERN CALIFORNIA POWER AGENCY (NCPA) APPROVING EXPENDITURE OF FUNDS TO COMPLETE THE GEOTHERMAL UNIT 3 SCHEDULED FIVE-YEAR OVERHAUL; AUTHORIZE CITY MANAGER TO PAY CITY'S PROPORTIONATE SHARE OF OVERHAUL FROM NCPA GENERAL OPERATING RESERVE IN AN AMOUNT OF $28,158. SUMMARY: At the NCPA Commission Meeting held on March 23, 2006, Commission Staff Report Item No. 12, Geothermal Unit 3 Scheduled Five-Year Overhaul (Attachment 1), was approved by the participating Geothermal Project members. As a result the City of Ukiah and other participating members have agreed to cover the costs of this overhaul via a cash call. Historically the scheduled generator overhauls have been paid for from the maintenance reserve accounts. However, the geothermal maintenance reserve account has been exhausted as a result of repair costs associated with a failure on Geothermal Unit #4 at the same plant earlier this fiscal year (see Attachment 2). NCPA will soon be submitting a claim to the insurer for the Unit #4 repairs. Any money received as a result of this claim will reimburse the Continued Page 2 RECOMMENDED ACTION: Accept report of Resolution of the Commission of the Northern California Power Agency approving expenditure of funds to complete the Geothermal Unit 3 scheduled five-year overhaul; Authorize City Manager to pay City's proportionate share of overhaul from NCPA General Operating Reserve in an amount of $28,158 by forwarding Letter of Direction to NCPA. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct City Manger to pay City's proportionate share of overhaul from the Electric Enterprise Fund, NCPA Purchased Power, account number 800.3702.214.000. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Doug Crane, NCPA Commissioner John McCowen, Alternate NCPA Commissioner Liz Kirkley, Electrical Distribution Engineer Murray Grande, Interim Public Utilities Director and Candace Horsley, City Manager 1. NCPA Commission Staff Report, Item No. 12 2. Geothermal Unit ~ Repairs Status Report 3. Geothermal Unit #3 Repairs Status Report 4. March 25, 2006 email from Bryan Bertacchi, NCPA Generation Services Assistant General Manager 5. Geothermal Unit #3 Overhaul, Letter of Direction 6. NCPA General Operating Reserve Summary of Activity through February 28, 2006, unaudited Candace Horsley, City'l~anager geothermal maintenance reserve account up to its authorized limit with any remaining balance refunded to the participating members via year end settlements. The City of Ukiah's share for the Unit #3 overhaul is $28,158 (see Attachment 3). NCPA recommends the General Operating Reserve accounts be utilized to fund this amount (see Attachment 4). In order to facilitate the use of the City of Ukiah's NCPA General Operating Reserve funds a Letter of Direction (see Attachment 5) needs to be faxed to NCPA authorizing either the use of our General Operating Reserve or sending a check to cover the $28,158. City staff concurs with NCPA by recommending the use of General Operating Reserve funds since the City of Ukiah's General Operating Reserve Account has an available balance of $4,825,235 as of February 28, 2006 (see Attachment 6). ~~~/NORTHERN CALIFORNIA i~R AAGENCY Commission Staff Report ITEM NO. March 14, 2006 TO: The NCPA Commission SUBJECT: Geothermal Unit 3 Scheduled Five-Year Overhaul SunllTlar¥ The Geothem~al Facility presently maintains a maintenance reserve account of $750,000 to cover the unplanned cost of repairs to equipment and other infi-astructure that may occur during a given fiscal year. Additionally, the maintenance reserve has also been utilized to cover the costs associated with scheduled overhauls of Units 1 through 4. During this fiscal yem'-to-date, approximately $4.25 million dollars has been charged against the Geothermal maintenm~ce reserve ($3.5 M more than the budgeted $750K), principally for the repair of the failed Unit 4 generator. There are presently no funds available to perform the scheduled Unit 3 five-year overhaul estimated to cost approximately $500,000. Owners of the Geothem~aI project must approve the expenditure of additional funds not included in the current budget in order to complete the overhaul. Background Historically, the NCPA Geothermal turbine-generator units were scheduled for overhaul every two years. This two year cycle was principally based on past practice at the Geysers PG&E (Calpine) units. In 2000, NCPA changed the overhaul cycle of its geothermal units to every five years. This decision was based on over 15 years of NCPA operating experience that found that the relatively clean steam on the NCPA lease, compared to the stemn quality in the rest of the Geysers and the newer teclmology associated with the NCPA turbines allowed the overhaul fi'equency to be extended. Additionally, new maintenance practices that utilized predictive maintenance technology were instituted, lending confidence in the ability to predict problems before they occurred. Early on in the operation of the Geothermal Facility, the decision was made not to budget separately for the overhauls, but rather to pay for the costs associated with the overhauls fi'om the maintenance reserve accounts that were maintained for each power plant. Each power plant cun'ently maintains a $250,000 reserve. The maintenm~ce reserve account is reimbm'sed following m~ overhaul the next budget yem' through the settlement process up to the established $250,000 level. This approach was taken primm'ily because it was not always possible to predict exactly what work would need to be performed on the turbines when the overhaul occun-ed and utilizing the maintenance reserve avoided budgeting for and collecting money fi-om the owners that may or may not be spent. This approach to budgeting overhaul costs has, up until this fiscal yem', worked adequately. Turbine repair costs were generally significm~tly lower than the $250,000 ma/ntenance reserve level and failure of ofl~er equipment dm'ing the fiscal year did not occur all tl~at often since the power plants were in the early years of their life cycle. SR: 132:6 Geothermal Unit 3 Scheduled £ive ITear Overhaul March 14, 2006 Page 2 This past year, Geothermal Unit 4 experienced a major failure of the generator stator core. Stator repair costs totaled $3.3 million. While a claim will soon be submitted to the insurer, at a minimum, a $500,000 deductible must be paid. Initially, the entire maintenance reserve fi'om the Geothermal Facility totaling $750,000 ($250K for each of Plant 1, Plant 2 and Steam Field) has been applied toward the Unit 4 repair, leaving no available naaintenance reserve funds for the scheduled five-year Unit 3 overhaul. In order to complete the overhaul this fiscal year, it will be necessary for the project owners to cover the cost of this overhaul above and beyond the current budget. Presently, the estimated scope and cost ofthe Unit 3 overhaul is as follows: - Turbine Repairs: - Generator Repairs: - Cooling Tower Repairs: - Condenser Work: - Total: $100,000 to $135,000 $150,000 to $200,000 * $130,000 $ 75,000 $455,000 to $540,000 The generator repairs estimated above are recommended based on the recent failure of the Unit 4 generator and represent the expected work to be accomplished. The generator scope and cost does not take into account significant repairs, which will result in much higher repair costs should it become necessary to perfom~ that work. A benefit/cost analysis will be perforated before sigmificm~t repairs are undertaken. There is presently an option-based repair specification out-to-bid for the generator repair work. There are three options relative to the Unit 3 overhaul: 1) Perfonu the complete overhaul based on the above scope and cost. 2) Perform a partiaI overhaul, completing only those items identified as critical. 3) Postpone the overhaul to a future budget year. Recommendation Staff recommends that the project owners adopt the attached resolution for the expenditure of funds above and beyond the current budget to successfully complete the entire scope of the Unit 3 scheduled five-year overhaul based on the following; the Unit 3 generator is identical to that of Unit 4, which experienced a catastrophic failm'e earlier this fiscal year and an inspection and possible repair of the generator is necessary to ensure that Unit 3 does not experience a similar failure. Any significant repair recommended for the generator will pass a benefit/cost analysis before those repairs are accomplished. In addition, it has been five years since Unit 3 has been overhauled and certain components other than the generator need to be inspected, tested and possibly repaired to maintain the reliability and efficiency of the unit. Finally, inlet steam pressures to the turbine have been reduced further over the past five years due to a decline in reservoir pressure necessitating some modifications to allow for the continued reliable operation of the turbine. SR: 132:6 (;e~dhermal Lb?ii 3 Scheduled bTve Yem' Overhaul Mm.ch I,l, 2006 Ikq~,e $ Respectfully suhmittcd, /r ,,,.,-- J A M E/$"H. POPE Gcnc,.4fl Manager MG/B.I I3/dg Attachmct~t Prcp,'.u'cd by: '4:. .j /~ .( -- ,'; ~..).,:,~.~_ ~'~, ........ --4~_, BRYAN J_ BERTk' 'C(JHI Assistant General Manager Generatkm Services SR: 132:6 RESOLUTION NO. 06-1 $ RESOLUTION OF THE COMMISSION OF THE NORTHERN CALIFORNIA POWER AGENCY APPROVING EXPENDITURE OF FUNDS TO COMPLETE THE UNIT 3 SCHEDULED FIVE-YEAR OVERHAUL WHEREAS, the Northern California Power Agency (NCPA) operates and maintains, on behalf of the project owners, a Geothermal Facility near Middletown, in Lake County California, consisting of two power plants and the associated steam field; and, WHEREAS, Plant 2 consists of two identical units (3 & 4) and that these units are ovefl~auled on a five- year schedule and the Unit 3 overhaul is scheduled to begin early in April 2006 with an estimated scope of work of at least $455,000 to $540,000 and WHEREAS, the geothermal facility maintenance reserve funds that would norlnally be used to cover the cost of the Unit 3 overhaul, have been fully applied toward the generator repair of Unit 4 and it will be necessary for the project ova~ers to cover the cost of this overhaul above and beyond the cra-rent budget and WHEREAS, Unit 4 experienced a catastTophic failure earlier this fiscal-year that resulted in $3.5 million in repairs and 92,000 MWtu's of lost generation m~d a claim will soon be submitted to the insurer and WHEREAS, to insure that Unit 3 does not experience a similm' failure, additional inspections of the Unit 3 generator are necessary and possible significant repairs of the generator may be required and WHEREAS, any significant repair recon2nended for the generator will pass a thorough benefit/cost analysis before those repair are accomplished. THEREFORE, BE IT RESOLVED that the NCPA Commission authorizes the expenditure of funds above and beyond the cun-ent budget to fully complete the entire scope of work for the Unit 3 scheduled five-year overhaul. PASSED, ADOPTED and APPROVED this 23rd day of March 2006, by the following vote on roll call: Alameda BART Biggs Gridley Healdsburg Lodi Lompoc Palo Alto Port of Oakland Redding Roseville Santa Clara Truckee Donner Turlock Uldah Plumas-Sierra Vote Abstained Absent JASON LILES CHAIR]klAN ATTEST: DENISE DOW ASSISTANT SECRETARY · 0 0 00~ 0 0 00~ 0 0 00~ o-o n[:LE 0 ~3 z 0 0 ~0~~ Page 1 of 1 Elizabeth Kirkley From: Bryan Bertacchi [Bryan. Bertacchi@ncpa.com] Sent: Saturday, March 25, 2006 7:39 AM To: *Utility Directors; *Commissioners; Tom Green; Murray Grande; Dale Lain; Maggy Mini; Jim Pope; Donna Stevener Subject: Geothermal Overhaul - Commission Meeting Request for information on Cash Call TO: GEO Participants Alameda Biggs Gridley Healdsburg Lodi Lompoc Plumas-Sierra Roseville Santa Clara Turlock Ukiah During out Commission meeting last week the question was raised regarding the funding on the U3 overhaul. The $750,000 reserve account was exceeded due to the Generator failure on U4 this year. Although we have been closely following the expenses on this issue, NCPA does not have a final assessment of the insurer's position on our claim against the U4 overhaul and the U4 business interruption cost. Since we do not have the insurer's reimbursement in hand NCPA is recommending a "cash call" for the U3 overhaul ($540,000 which was approved in the Commission meeting this week). NCPA recommends that the General Operating Reserve accounts be utilized to fund this amount. Your approval is required on the attached form. Please sign the form and return it to Maggie Mini at NCPA via fax. Attached please find a summary of the activity on these issues. Section 1 - This section describes the claim against the insurer for the U4 Generator Failure. This claim includes $3.8M for repairs and $4.5M for business interruption (which the members have already replaced in purchased power during the outage period). Section 2 - This section describes what we "anticipate" will be the settlement of the claim and identifies the associated deductible. Section 3 - This section describes the short-term funding sources of the amounts Section 4 - Outlines the expenses anticipated for the U3 overhaul which was approved at the Commission Meeting ($540,000). NCPA is recommending a "cash call" for this amount. Section 5 - This section is an estimate of your participating share of the cash call for the GEO U3 Overhaul. Separate Page - This page shows the balance in the General Operating Reserve accounts for each of you. Bryan J. Bertacchi Northern California Power Agency Generation Services - AGM 180 Cirby Way Roseville, CA 95678 (916)781-4201 Office 3/30/2006 :," ,i?NC PA /i'NORTHERN::'" CALIFORNIA POWER AGENCY .o,::: ~80 CirDy Way · Roseville, CA 95678 (916) 781-4210 (916) 781-4255 FAX March 24, 2006 TO: SUBJECT: UTILITY DIRECTORS GEOTHE~ UNIT #3 OVERHAUL Attached are explanations of the Geothermal Project's current status in connection with the Unit #4 Generator Loss (Boxes 1,2 & 3) and the planned Unit #3 Overhaul (Boxes 4 & 5). A project participant cash call to fund the #3 Unit Overhaul is the most prudent course of action at this time because' · Unit #4 Generator Loss Claim is not yet settled or paid. · Current forecast of fiscal year end Budget Settlements indicate no excess funding is available. Also attached for your reference is a February 2006 General Operating Reserve status report. On the form below, please identify your entity, indicate your share of the repairs (see Box 5 attached), check the appropriate box, sign and date as indicated below, and return this Letter of Direction form to NCPA as noted: TO: SUBJECT: LETTER OF DIRECTION NCPA TREASURER-CONTROLLER (FAX 916-781-4255) NCPA GEOTHERMAL UNIT #40VERltAUL CASH CALL (Geothermal Participant) On behalf of our entity, I hereby direct you to pay our share of the Geothermal Unit #3 Overhaul $ as shown in Box 5 of the Geothermal Project Repairs Status Report from the funding source checked below: From our account in the NCPA General Operating Reserve Our check which is enclosed Authorized by: (Utility Director, Commissioner or Alternate) Date: >- Z AGENDA SUMMARY REPORT ITEM NO. 6.i DATE: April 5, 2006 SUBJECT: ADOPTION OF RESOLUTION ACCEPTING $200,000 IN PROPOSITION 40 FUNDING FROM MENDOCINO COUNTY FIRST DISTRICT SUPERVISOR, JIM WATTENBURGER, FOR RECONSTRUCTION AND RESTORATION OF ANTON STADIUM, CITY OF UKIAH MUNICIPAL POOL, UKIAH SKATEBOARD PARK AND UKIAH SENIOR CENTER RECREATION PROGRAM State regulations require the City Council's approval of an amendment to its contract for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002 (Prop 40) in order to receive First District Supervisor Jim Wattenburger's proposed $200,000 in pass through Prop 40 funding. $175,000 of the increase to the City's allocation will be dedicated to reconstruction and restoration efforts of Anton Stadium, City of Ukiah Municipal Pool and Ukiah Skateboard Park with an additional $25,000 dedicated to the Ukiah Senior Center Recreation Program. Staff recommends Council adoption of Resolution increasing the City of Ukiah's Prop 40 funding in an amount of $200,000. RECOMMENDED ACTION: Adoption of Resolution accepting $200,000 in Proposition 40 funding from Mendocino County First District Supervisor, Jim Wattenburger, for reconstruction and restoration of Anton Stadium, City of Ukiah Municipal Pool, Ukiah Skateboard Park and Ukiah Senior Center Recreation Program. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Jim Wattenburger, First District Supervisor, Mendocino County Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution Candace Horsley, City Man r Attachment 1 Resolution No. Resolution of the City of Ukiah Council to enter into an amendment for Contract No. with the State of California for the Per Capita Grant Program Under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2002. WHEREAS, the City of Ukiah accepts First District Supervisor Jim Wattenburger's pass through of Proposition 40 funding in the amount of $175,000 to be dedicated for reconstruction/restoration of Anton Stadium, City of Ukiah Municipal Pool and Ukiah Skateboard Park as well as $25,000 to the Ukiah Senior Center Recreation Program for a total of $200,000; and WHEREAS, the City of Ukiah will enter into an Amended Contract with the State of Cailfornia to increase the City of Ukiah's Per Capita Grant Fund allocation from $ to $ to reflect the pass through of $200,000 from the County of Mendocino. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah hereby: 1. Approves the Amendment to Contract No. with the State of California under the Per Capita Grant Program under the California Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Act of 2002; and 2. Authorizes the City Manager of Ukiah to execute the Amendment on behalf of the City of Ukiah. PASSED AND ADOPTED by the City of Ukiah Council at a meeting held on the day of AYES: NOES: ABSENT: ABSTAIN: ATTEST: (Authorized Representative) AGENDA SUMMARY ITEM NO. 9.a. DATE: April 5, 2006 REPORT SUBJECT: CONTINUED DISCUSSION AND CONSIDERATION OF AN ORDINANCE REGARDING CAMPAIGN REFORM- BALDWIN, RODIN Vice Mayor Baldwin and Councilmember Rodin have requested to agendize the City Council's continued discussion from February 15, 2006 on an ordinance regarding campaign reform. Staff has provided materials from the February 15th City Council discussion (Attachment 1). Additional documentation will be provided by the Councilmembers prior to the April 5th City Council meeting for review and discussion. RECOMMENDED ACTION: campaign reform. Discussion and possible consideration of an ordinance regarding ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice Mayor Baldwin and Councilmember Rodin Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. February 15, 2006 Agenda Summary Report and backup documentation. APPROVED:* Can~l~Ce Horsley, City ~nager AGENDA SUMMARY ITEM NO. ATTACHMEN'I,... / 10.b. DATE: February 15, 2006 REPORT SUBJECT: CONTINUED DISCUSSION AND CONSIDERATION OF AN ORDINANCE REGARDING CAMPAIGN REFORM -- BALDWIN, RODIN Vice Mayor Baldwin had brought forth the subject of City campaign reform at a previous Council meeting. The City Council discussed the issue and requested that the Vice Mayor and Councilmember Rodin prepare information and data regarding this issue for further Council discussion. The attached documents are submitted by the two Councilmembers for review, dialogue and possible action. RECOMMENDED ACTION: DISCUSSION AND POSSIBLE ACTION ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Vice Mayor Baldwin and Councilmember Rodin Candace Horsley, City Manager 1 - Memo from Rodin and Baldwin dated February 15, 2005 2 - Practical Campaign Reform for States- The Reform Institute APPROVED- _~~~~,~~~ Candace Horsley, City Mana~r Attachment # / ~ · TO: UKIAH CITY COUNCIL MEMBERS FROM: PHIL BALDWIN & MARl RODIN RE: CITY CAMPAIGN REFORM ORDINANCE DATE: FEBRUARY 15, 2005 Campaign reform will enhance the quality of our democracy by promoting the fundamental principles and values of a free society. It will help reconnect citizens to the political process, encourage greater individual involvement in ~public affairs, and produce a more responsive, transparent and accountable government. Our proposal for campaign reform in Ukiah addresses two areas: campaign contribution limits and campaign disclosure. Instituting limits in these areas will ensure a level playing field for candidates (and ballot measures). A level playing field will, in tum, promote local democracy by reducing the influence of money and enhancing public trust, participation, and discussion of public policy. More than 75 local governments nationwide~including many in neighboring Sonoma and Marin Counties--plus several states, have adopted campaign reform laws. Most have been drafted in response to problems that have arisen. We are being proactive in advancing an ordinance to prevent corruption of our political process. Our proposal, which is based on examples from municipalities large and small, contains the following major elements: · A $100 limit on campaign contributions from individuals, businesses, and independent committees; · Public disclosure of contributors who donate $25 or more to a campaign; · A voluntary campaign spending cap of $5,000, with incentives to encourage participation; A candidate who agrees to abide by the $5,000 spending limit may identify himself/herself as a "Fair Campaign Finance Candidate" on all campaign literature and advertisements. Likewise, candidates not abiding by the spending limit must so disclose in their campaign literature and advertisements. We have fleshed out the finer points of a campaign reform ordinance below. It is our intent to discuss them as a council. Once we have majodty support for the elements of an ordinance, we can ask our city attorney to draft a legally acceptable version. We wish to thank Ron Epstein for providing us research findings, resources, examples of other ordinances and helping to guide our discussions. The Center for Governmental Studies at UCLA also provided feedback on our first draft. We found the introductory chapter from a report called Enhancing Values: Practical Campaign Reforms for States (included in your packet) to eloquently state the purpose and goals of campaign reform. Although this report advocates for public financing of campaigns, which we are not proposing, it nevertheless shows the broad political support for campaign reform in general. This report was written under the auspices of The Reform Institute, whose advisory board chair is Senator John McCain. 1 Adapted from: Enhancing Values: Practical Campaign Reforms for States. The Reform Institute. (Year unknown) Page1 CAMPAIGN CONTRIBUTION uMrrs: A limit of $100 per adult or business to each candidate, initiative, referendum, or recall campaign during the election cycle prescribed (described below). (Rationale: To level the playing field for candidates, so that candidates who have connections to large sums of money do not have a financial advantage over other candidates.) A limit of $100 per adult or business to an independent committee which directly or indirectly, receives contributions or makes expenditures or contributions for the purpose of influencing or attempting to influence the action of the voters in a municipal election for or against the nomination or election of one or more candidates, or an initiative, referendum, or recall (hereafter "Independent Committees") dudng the election period (cycle) prescribed. (Rationale: to prevent an interest group from having a larger influence via fundraising or campaigning--over the course of a campaign than the candidates themselves.) Limit in-kind contributions or gifts to be used in campaigns to $500 for professional services and $100 for material items of any kind for candidates and Independent Committees based on estimated fair market value. Contributions by a person and his or her spouse shall be treated as separate contributions and shall not be aggregated. Contributions by children under eighteen shall be treated as contributions by their parents and attributed either one-half to each parent or entirely to a single custodial parent. (Rationale: To close a loophole that would allow families with children from cumulatively giving more than what is intended by the ordinance.) All candidates agreeing to a voluntary campaign spending limit of $5,000 and having a minimum of $500 in their campaign treasury or 200 signatures from registered Ukiah voters will be offered: A. Free ballot statement in the official sample ballot. B. Free inclusion of candidate photograph and up to 1000 word statement displayed on the City's web site. C. Mention in a City news release within one week of election filing date of commitment to abide by the voluntary campaign contdbution--a "Fair Campaign Finance Candidate". D. Inclusion of photograph and up to 750-word statement in a city newsletter distributed 6 to 2 weeks prior to election. (Rationale: To encourage viable, legitimate candidates to keep to reasonable spending limits and to keep candidate budgets roughly similar.) Limits will be indexed to the Northern California C.P.I. and be revised every two years before the election cycle begins. (Rationale: To ensure that contribution limits remain in line with the cost of running a campaign.) The period in which contributions may be collected will be begin March I preceding a November election and October 1 preceding a June election. An election cycle--for the purposes of this ordinance--will end at 5pm on the Thursday prior to the election. (Rationale: A nine month campaign period seems reasonable while not allowing candidates to bank money from election to election, which might provide an incumbent with an unfair advantage. The purpose of setting an ending date the Thursday before an Page 2 election is to avoid having a candidate receive large contributions just prior to an election, which might provide an unfair advantage over other candidates.) No loans to the candidate or committees formed or existing primarily to support or oppose candidacies or a candidate for city office may be made after the closing of the election cycle noted in #6 above. No funds may be collected to repay loans after this final date. (Rationale: To prevent candidates from avoiding reporting requirements by accepting last minute loans to be repaid anonymously after the election.) CAMPAIGN CONTRIBUTION DISCLOSURE: Public disclosure is required for all cumulative contributions to either candidates or Independent Committees of $25 or more from individuals, businesses, or committees formed or existing primarily to support or oppose candidacies or a candidate for city office. This disclosure shall apply to ballot initiatives, referenda, and recall campaigns as well. Disclosure shall include name, address, and occupation or type of business or ~ - - ~ Cemmeat [SCt]: organiZat~i(~n- (ju's~- li'ke-F-PJ~c- f~:n~s). (we r~eed-a--s-cheduje' (~f-d~sclo~r~e~. -I~ ~lsPC ........ ~. wl~o a. w~t must di~clo~ solv~ schedule enough--other than requiring the pre-election report?) (Rationale: To see what interests, if any, are supporting the candidates.) Public disclosure of expenditures greater than $500 in an election cycle by any Independent Committee formed or existing primarily to support or oppose candidacies or a candidate for city office. This disclosure shall apply to ballot initiatives, referenda, and recall campaigns as well. (Following same schedule as for other disclosures.) (Rationale: To see what interests, if any, are supporting the candidates.) Contributions will be disclosed on FPPC reports filed with the city clerk on the FPPC schedule. Contributions collected between the final disclosure required by the State FPPC and the Thursday prior to the election shall be reported to the city clerk by noon on the Friday before the election. (Rationale: In stopping the collection of campaign funds several days before the election, we ensure the public a chance to learn of all financial contributions, even the last minute ones.) After a candidate or Independent Committee has collected a minimum of $3,000, all disclosure statements to the FPPC and city clerk will be displayed on the City's web site. (Rationale: This will allow the public to easily assess the support of viable candidates.) Ail candidates and Independent Committees shall establish an election campaign account into which shall be deposited all sums collected and from which all funds will be dispersed. DISCLOSURE ON MASS MAILINGS, ADVERTISEMENTS, AND POLLS Candidates and Independent Committees must disclose on any mass mailings, telemarketing/phone banking, radio advertising, television advertising, or opinion polling if he/she is or is not a candidate or Independent Committee that has voluntarily adopted the $5,000 spending limit. (VVe can adopt font size requirements for print material. Also we can require highest donor declarations for those going over the $5,000 limit.) Candidates who agree to the voluntary campaign spending limit of $5,000 shall be permitted to use the phrase "Fair Campaign Finance Candidate" on any promotional materials including flyers, posters, mass mailings, telemarketing/phone banking, radio advertising and television advertising. Candidates who do not voluntarily agree to the $5,000 spending limit shall not use that phrase or any similar phrase in promotional materials. Page 3 Independent Committees that agree to a voluntary campaign spending limit of $5,000 shall be permitted to use the phrase "A Fair Campaign Finance Committee" on any promotional materials including flyers, posters, mass mailings, telemarketing/phone banking, radio advertising and television advertising. Independent Committees that do not voluntarily agree to the $5,000 spending limit shall not use that phrase or any similar phrase in promotional materials. PROHIBITION OF "LAUNDERED" CAMPAIGN CONTRIBUTIONS No candidate, committee, or campaign treasurer shall accept any campaign contribution made directly or indirectly, by any person in a name other than the name by which the contributor is known and identified for legal purposes, or in the name of any different person, or combination of persons, other than the name of the actual contributor. No person shall, in his or her or its own name, make a contribution of any thing of value belonging to another person, or that was received from another person on the condition that it is used as a campaign contribution. Such practices are commonly known as "laundering" campaign contributions. Upon discovery by any candidate, committee, or campaign treasurer of the receipt of any such "laundered" campaign contributions in violation of this section, the candidate, committee or campaign treasurer shall promptly pay to the city clerk for deposit to the city's general fund, from any of the candidate's or committee's available campaign funds, the amount of such "laundered" campaign contributions received in violation of this section. (21-5 of Novato ordinance.) (Rationale: To clarify the intent of this ordinance and to make it clear that violating the elements of this ordinance by indirectly contributing beyond what is expressly stated is inconsistent with the spirit of this ordinance.) ENFORCEMENT AND PENALTIES (SEE COTA 77 ORDINANCE FOR GOOD ENFORCEMENT SECTION) Penalty for not submitting the last report by noon on Friday before the election will be $500 per calendar day, or any portion of a calendar day, after the deadline, if the total budget for the campaign is within the $5,000 voluntary spending limit. If the total budget for the campaign is over $5,000, the candidate will be liable for an amount equal to the total funds received (donation or loan) in the last filing pedod. Penalty for failing to properly or accurately report contributions and expenditures will be three times the amount he/she fails to properly report or unlawfully contributes, expends, accepts, gives or receives, or five hundred dollars per violation, whichever is greater. 3. A winning candidate who is found to be in violation of this ordinance must relinquish the seat won. 4. Severability clause. (If one portion of the ordinance is found to be invalid, the whole ordinance will not be found to be invalid.) Page 4 SENATOR JOHN S. McCAIN Chair of Advisory Board RICHARD H. DAVIS President TREVOR POTTER Legal Counsel CECILIA I. MARTINEZ Executive Director ENHANCING VALUES: PRACTICAL CAMPAIGN REFORMS FOR STATES PROJECT DIRECTORS ANTHONY CORRADO Professor of Government Colby College DANIEL ORTIZ Professor of Law University of Virginia School of Law The Reform Institute 211 North Union Street, Suite 250 Alexandria, VA 22314 Tel (703) 535-6897 Fax (703) 299-9110 www. reforminstitute.org info@reforminstitute.org IN~ ODUC N THE PRINCIPLES and Goals of Reform 8 Campaign finance laws enhance the quality of our democracy by promot- ing the fundamental principles and values of a free society. An effective system of campaign funding ensures that candidates and other par- ticipants in the political process have an opportunity to gather the resources needed to wage viable campaigns and share their views with the public. By doing st), the laws expand the choices available to voters and promote more robust public debate. An effective funding system also protects the integrity of the political process by minimizing corruption, reducing the influence of money, and foster- ing equality of political participation. In ful- filling these goals, campaign finance rules can strengthen our democracy and restore people's faith in government and public officials. They can help reconnect citizens to the political process, encourage greater indi- vidual involvement in public affairs, and produce a more responsive, transparent and accountable government. Campaign finance reform alone will not resolve all of the problems in our political system, but well-crafted reforms make a valuable contribution to the health of our democracy. Most importantly, they can revi- talize the basic principles that form the foundation of our government. This is espe- cially true when comprehensive approaches to reform are adopted. But even smaller changes can make a big differ- ence in promoting the cause of good government. To be effective, campaign finance laws should aim to achieve the following objectives, which constitute the basic pur- poses of regulation in this area. 1. Campaign finance laws should provide adequate funding for political campaigns. Money is said to be the "mother's milk" of politics, because it is the means of acquir- ing the goods and services needed to wage viable campaigns. The health and vitality of our democracy depends in part on the ability of candidates, parties, and political groups to garner the resources needed to make their case to voters. Any system of campaign finance should ensure that candidates and other active citizens have a fair opportunity to conduct well- funded, competitive campaigns. ENHANCING VALUES. PRACTICAL CAMPAIGN REFORM FOR STATES :&-The Reform Institute Campaign finance laws must preserve the freedom of speech and political association, and allow candidates and others to amass the funds needed to engage in effective advoca- cy. The rules should not be so restrictive as to impose unfair burdens on candidates and political organizations or to impede their abil- ity to raise the funds needed to conmaunicate with the electorate. Instead, they should encourage citizens to express their views and to participate financially in election cam- paigns. At the same time, the law should bal- ance this objective with the other principles of reform to protect against the detrimental effects that unregulated money can have in the political system. 2. Campaign finance laws should protect the integrity of the political process. The U.S. Supreme Court, almost ttu'ee decades ago, held that the "primary interest" served by campaign finance legislation "is the prevention of corruption and the appearance of corruption spawned by the real or imag- ined coercive influence of large financial con- tributions on candidates' positions and on their actions if elected to office."' Campaign finance laws must protect the integrity and legitimacy of representative gov- ernment against the com~ptive and undue influence that can accompany political gifts. Without strong safeguards to diminish the influence of money in the political process, the representative character of our democra- cT is undermined, and public confidence and trust in government is lost. The threat of corruption or undue influ- ence is greatest when there are no limits placed on political contributions, and when contributions are not disclosed to the public in a timely manner. Campaign finance regula- lions should contain strong measures that prohibit the exchange of campaign donations for political quid pro quos and prevent donors from buying access to elected officials or candidates for office through large politi- cal gifts. At a minimum, the roles should: · Prohibit large, unregulated political con- tributions · Prohibit contributions fi'om corporations, regulated utilities, and labor unions · Prohibit cash contributions, except for small individual donations · Place reasonable limits on contributions from individuals and political committees · Require full public disclosure of contri- butions to candidates, parties, and politi- cal committees · Require full public disclosure of the monies raised and spent on independ- ent expenditures and electioneering conn'nunications The best regulatory approaches go beyond the disclosure and regulation of contributions. These systems seek to reduce the role of private money by providing public resources to candidates fbr the financing of their campaigns. In the most comprehensive program of reform, candi- dates are able to receive public resources to finance their campaigns, elin~nating alto- gether the need to raise substantial amounts of money in private contributions. Other approaches to reform offer public resources to candidates as an incentive to encourage small donations from indMduals, thereby empowering small contributors, broadening citizen participation in the financing of elec- tic)ns, and diminishing the role of large donors and special interests. 3. Campaign finance laws should ensure transparency and public accountability. Elections provide citizens with an opportu- nity to vote for the candidates and policy choices that best represent their views. In order for individuals to make informed decisions, they need to have access to intbrmation about the candidates and their positions. This includes access to informa- tion about the sources of a candidate's support and the sources supporting the messages being distributed to influence I N T R 0 D U ¢ T I 0 N m 7be Principles and Goals of Reform elections and public policy debates. Full, timely, and effective public disclosure of the financial activity that takes place in elections is thus an essential requirement of any campaign finance system. Full public disclosure of the monies raised and spent in connection with elec- Lions offers a number of benefits. First, dis- closure promotes transparency and thus facilitates public scrutiny of the financial transactions that take place in an election. As the experience with financial transac- tions in the business community and other areas of the private sector has demonstrat- ed, rules that promote transparency and public review can be an effective velzicle for identifying and addressing financial abuse. Disclosure is therefore a necessary, but not sufficient, means of safeguarding the integrity, of the political process and thwarting con'uption. Second, disclosure helps promote a more informed electorate. By providing informa- tion about the sources of funding backing a candidate or political group, disclosure provides citizens with important informa- tion that can help to distinguish the choices they face. Furthermore, it enhances the ability, to hold public officials accountable for the financial practices that take place in an election. Finally, disclosure facilitates more effec- tive enforcement of the law. It yields a pub- lic record of the contributions and expendi- tures made in each election, which makes it easier for entbrcement agencies to monitor the transactions that take place in a cam- paign and identify violations of law. The most effective disclosure roles require more than a simple accounting of the monies raised and spent in a campaign. To be effective, the rules must ensure time- ly reporting and include provisions for making information available to the public in an easily digestible form. The rules should also require timely reporting of independent expenditures and monies spent on electioneering communications, and special reporting requirements for con- tributions or expenditures made late in a campaign. The best systems provide for electronic disclosure, facilitating public access via the Internet, in a form that can be easily searched by voters who seek information about a particular candidate or political committee, or the contribution activities of particular donors. This is the most efficient means of ensuring that all citi- zens have an opportunity to access the information they seek on campaign funding. REE DANGEROUS AND THE CORRUPTION OOSEVELT 1905 4. Campaign finance laws should empower citizens and reduce the influence of special interests. A truly representative goverrunent that reflects the will of the people and enjoys the confidence and trust of its citizens can only be achieved by reducing the influence of special interests in government. Campaign finance rules should not favor monied inter- ests. Rather, they should empower individu- als and expand their influence. Rdbrms that enhance the role of individuals increase the responsiveness of the political system and restore the pow'er of individual citizens to determine the outcome of elections and the direction of government policy. The key to reducing the influence of spe- cial interests and returning power to indi- vidual citizens is to increase the value of individual donors who give small amounts to the candidates of their choice. Refbrms that serve this purpose include: ENHANCING VALUES. PRACTICAL CAMPAIGN REFORM FOR STATES 4~ The Reform Institute · Voluntary public campaign funding pro- grams that emphasize low-dollar qualify- ing contrilmtions · Programs that offer public matching sub- sidles on individual contributions to amplify the value of small contributions · Tax credit incentives to encourage indi- viduals to participate financially in politi- cal campaigns · Rules that promote individual participa- tion by allowing contributions to be made via the Internet 5. Campaign finance rules should encour- age electoral competition. Elections best serve their purpose when they are characterized by high levels of competition. Competitive elections offer voters more meaningful choices. They attract greater interest within the elec- torate and produce higher' levels of voter participation. They aisc) attract a larger number of candidates, since individuals considering service in public office are more likely to st:~nd for election when they know they have a fair chance in seeking an office. When elections are competitive, citizens win. Money is not the only factor that affects the level of competition in an election. Ballot access roles and the methods used to draw district lines also play an impor- tant role in determining the fairness and independence of electoral contests. But campaign finance laws can enhance the fairness of elections and the quality of choices available to voters by ensuring that incumbent officeholders and the wealthy do not have an unfair advantage in election campaigns. The rules should help to level the playing field by incorpo- rating reforms that serve to improve the resources available to the challengers. Such an approach helps to ensure that elections are decided on the basis of a candidate's message, not the size of a campaign's warchest. "lb encourage competition, campaign finance laws should include such refi)rms as: · Voluntary public campaign funding with accompanying limits on campaign spend- ing for candidates who accept puMic resources · Supplemental public funding to help can- didates maintain competitive levels of spending when facing privately funded, high-spending opponents · Rules that encourage participation in broadcast candidate debates, at least fbr candidates running for statewide office · Provisions that require the Secretary of State or other appropriate election official to prepare and disseminate to the public impartial voter guides offering i~brmation about candidates and ballot propositions 6. Campaign finance laws should ~uarantee effective enforcement and administrative support. Effective administration and enforcement of the law is an essential component of any regulatory system. Indeed, the recent experi- ence with campaign finance regulation at the national and state and local levels suggests that the objectives of refbrm will only be achieved if regulations are independently administered, vigilantly monitorect, and strict- ly enforced. Any effbrt to regulate the role of money in politics must give due regard to fl'~e needs to administer and enforce the law. Most impor- tantly, the laws should establish an inde- pendent, unelected agency responsible fbr administering and implementing regulations, set forth clear enforcement procedures, and contain strict penalties fbr violating the rules. Adequate budgetary support and staffing is also essential, since the agency or office responsible for the law can carry out its functions only if it has the resources to per- form all of its duties. Too often the benefits of reform have been diminished by the fail- ure to provide administrators with the neces- sary authority and resources. THE REFORM INSTITUTE' OUR UNIQUE, INDEPENDENT VOICE The health of a free society can be meas- ured by the willingness of ordinary people to take an active role in the nation's dem- ocratic institutions. The Reform Institute's mission is to help reestablish the essen- tial connection between citizens and their government, and to renew the American tradition of meaningful, active citizen par- ticipation in the nation's civic life. Led by Senator John McCain, the Institute is a nonprofit, nonpartisan 501(c)(3) educational organization dedi- cated to achieving those goals by pro- moting open and fair elections, by reduc- ing the influence of special interests in our politics, and by neutralizing the politi- cal influences percolating into the reform debate. The Institute is a unique, independent voice in the constellation of watchdog organizations. We are entirely non- partisan and strive for objectivity in our approach. We believe the reform agenda can only flourish when partisan politics are largely removed from the debate. The Institute brings together a broad base of reformers from all ideological spectrums, including business leaders, elected officials and, most importantly, average Americans who are tired of poi- itics as usual and have been inspired by Senator McCain's principles of reform. The Institute's distinctive network is reflected in the members of our Advisory Board a bipartisan group of notable academics, legal experts, elec- tion administrators and public officials. This includes Charles Kolb (Committee for Economic Development), Norm Ornstein (American Enterprise Insti- tute), Tom Mann (Brookings Institution), U.S. Senator Lindsey Graham, David Pottruck (CEO, Charles Schwab) and for- mer U.S. Senators David Boren and Bob Kerry. These and other members of the Board have joined forces to carry forward the reform agenda from a mod- erate vantage point. The Institute is proud to carry forward Senator John McCain's work in campaign finance and election reform, and to work toward a more responsive, open democ- racy for all Americans. AGENDA SUMMARY ITEM NO. 9.a. DATE: April 5, 2006 REPORT SUBJECT: CONTINUED DISCUSSION AND CONSIDERATION OF AN ORDINANCE REGARDING CAMPAIGN REFORM- BALDWIN, RODIN Vice Mayor Baldwin and Councilmember Rodin have requested to agendize the City Council's continued discussion from February 15, 2006 on an ordinance regarding campaign reform. Staff has provided materials from the February 15th City Council discussion (Attachment 1). Additional documentation will be provided by the Councilmembers prior to the April 5th City Council meeting for review and discussion. RECOMMENDED ACTION' campaign reform. Discussion and possible consideration of an ordinance regarding ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments: N/A Vice Mayor Baldwin and Councilmember Rodin Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. February 15, 2006 Agenda Summary Report and backup documentation. APPROVED:~, .... Can~l'~ice Horsley, City ~,nager AGENDA SUMMARY ITEM NO: 9.b DATE: April 5, 2006 REPORT SUBJECT: CONSIDER ADOPTION OF RESOLUTION SUPPORTING A GRANT APPLICATION TO MENDOClNO COUNTY (TOBACCO SETTLEMENT FUNDS) TO DESIGN AND CONSTRUCT A HIKING TRAIL ON CITY PROPERTY IN THE WEST HILLS AREA. SUMMARY: The Paths, Open Space and Creeks Commission (POSCC) have been working on planning and designing a hiking trail on City-owned property in the west hills area. While important issues such as trail maintenance, liability, and fire protection are still being discussed and are not yet resolved, the POSCC is committed to making progress on the trail. Recently, the Commission became aware of a potential funding source (Mendocino County Tobacco Settlement Funds) to finalize the design and to possibly construct the trail. The grant application is due on April 7, 2006. This Agenda item is seeking the City Council's review of the grant application materials, discussion of unresolved issues, and consideration of adopting a Resolution supporting the submittal of a grant application. The Resolution and grant application materials are included as Attachments No. 1 and 2. BACKGROUND: Last year, the POSCC discussed its idea of planning a hiking trail on the City- owned property north and west of the golf course with the City Council. The Council supported the concept, but indicated that a number of initial issues needed to be resolved. These included keeping the trail on City-owned property, potential conflicts with the golf course, and the proposed connection to Maple Avenue. Since that time, the POSCC have resolved these issues. (continued on page 2) RECOMMENDED ACTION: 1) Review and discuss the Resolution and grant application; 2) Determine whether pursuing grant funding with unresolved issues is prudent at this time; and 3) Consider adopting a Resolution supporting the submittal of the grant application. ALTERNATIVE COUNCIL POLICY OPTION: Do not approval the Resolution and provide direction to Staff. Citizen Advised: N/A Requested by: Ukiah Paths, Open Space, and Creeks Commission Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Sage Sangiacomo, Director of Community Services Attachments: 1. Resolution 2. Draft Grant Application prepared by the POSCC APPROVED:~ '~'"~'; I, ~ ' -' can-dace Horsley, Cit~ ~)~nager The trail would only be constructed on City-owned property and would not connect to the golf course or Maple Avenue. It would begin and end as a loop trail from Low Gap Park. Discussions with the Mendocino County General Services Staff have been positive and cooperative in terms of the connection to Low Gap Park. GRANT APPLICATION: The Paths, Open Space, and Creeks Commission have prepared the grant application seeking $25,000 for the design and construction of the trail. Staff has discussed the unresolved trail maintenance, liability, and fire protection issues with the Commission and the members understand the importance and significance of these issues. However, the Commission did not want to miss the opportunity of this potential funding source in the event that the issues are resolved. UNRESOLVED ISSUES: As discussed above, the primary unresolved issues include trail maintenance, general liability, and fire protection. Trail Maintenance and Liability The Community Services Department is supportive of the concept of constructing a trail on the City- owned property above and to the northwest of the golf course. However, the Department is concerned about its ability to adequately maintain the trail and limit liability issues. The Department may not have the Staff and financial resources to routinely patrol and assess the condition of the trail, repair damaged areas, maintain signage, collect and remove litter, etc. These routine maintenance activities are important to reduce and limit liability issues. Fire Protection The Fire Department has expressed concerns about fire protection issues associated with the construction of a trail in the lower hillside area. These concerns include, but are not necessarily limited to the potential increase in fire incidents resulting from an increase in human activities in the area, a lack of access to engage a fire, and the costs associated with necessary vegetation fuel management in the vicinity of the proposed trail. These issues will have to be resolved before Staff recommends final approval of the trail. The POSCC understands this, but did not want to miss the opportunity for pursuing a potential funding source in the event that the issues are soon resolved. RECOMMENDATION: 1) Review and discuss the Resolution and grant application; 2) Determine whether pursuing grant funding with unresolved issues is prudent at this time; and 3) Consider adopting a Resolution supporting the submittal of the grant application. The trail would only be constructed on City-owned property and would not connect to the golf course or Maple Avenue. It would begin and end as a loop trail from Low Gap Park. Discussions with the Mendocino County General Services Staff have been positive and cooperative in terms of the connection to Low Gap Park. GRANT APPLICATION: The Paths, Open Space, and Creeks Commission have prepared the grant application seeking $25,000 for the design and construction of the trail. Staff has discussed the unresolved trail maintenance, liability, and fire protection issues with the Commission and the members understand the importance and significance of these issues. However, the Commission did not want to miss the opportunity of this potential funding source in the event that the issues are resolved. UNRESOLVED ISSUES: As discussed above, the primary unresolved issues include trail maintenance, general liability, and fire protection. Trail Maintenance and Liability The Community Services Department is supportive of the concept of constructing a trail on the City- owned property above and to the northwest of the golf course. However, the Department is concerned about its ability to adequately maintain the trail and limit liability issues. The Department may not have the Staff and financial resources to routinely patrol and assess the condition of the trail, repair damaged areas, maintain signage, collect and remove litter, etc. These routine maintenance activities are important to reduce and limit liability issues. Fire Protection The Fire Department has expressed concerns about fire protection issues associated with the construction of a trail in the lower hillside area. These concerns include, but are not necessarily limited to the potential increase in fire incidents resulting from an increase in human activities in the area, a lack of access to engage a fire, and the costs associated with necessary fuel management in the vicinity of the proposed trail. These issues will have to be resolved before Staff recommends final approval of the trail. The POSCC understands this, but did not want to miss the opportunity for pursuing a potential funding source in the event that the issues are soon resolved. RECOMMENDATION: 1) Review and discuss the Resolution and grant application; 2) Determine whether pursuing grant funding with unresolved issues is prudent at this time; and 3) Consider adopting a Resolution supporting the submittal of the grant application. ATTACHMENT / RESOLUTION NO. 2006- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH SUPPORTING A GRANT APPLICATION TO THE MENDOCINO COUNTY TOBACCO SETTLEMENT ADVISORY COMMITTEE FOR THE DESIGN AND CONSTRUCTION OF A HIKING TRAIL ON CITY-OWNED PROPERTY WHEREAS, 1. The Ukiah General Plan Open Space and Conservation Element encourages the investigation of suitable sites in the hillside area for the construction of hiking trails; and 2. The City of Ukiah Paths, Open Space, and Creeks Commission has been discussing and exploring the concept of constructing a hiking trail on City-owned land west and northwest of the golf course; and 3. The City Council discussed and endorsed the concept of a hiking trail on City-owned land in 2005, and directed the Commission to continue its efforts, and to explore and attempt to resolve identified issues; and 4. While the Commission has not yet resolved the maintenance, liability and fire protection issues, it has identified a potential funding source and desires to pursue the grant funds in the event that the outstanding issues can be resolved. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby supports the filing of the grant application to the Mendocino County Tobacco Settlement Advisory Committee for the design and construction of a hiking trail on City-Owned property. PASSED AND ADOPTED this 5th day of April 2006, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Mark Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk MENDOCINO COUNTY TOBACCO SETTLEMENT ADVISORY COMMITTEE Tobacco Settlement Grant Request for APPLICATION Round 5 Page APPLICATION Cover Sheet ................................................................................................................... 2 Timeline ......................................................................................................................... 3 Budget ............................................................................................................................ 4 Check List ..................................................................................................................... 5 Round 5 Survey ................................................................................................ 6-7 INSTRUCTIONS ............................................................................................ 8-16 SCORING WORKSHEET ............................................................................... 17-19 DUE DATE: April 7, 2006 www.co.mendocino.ca.uslphlmctsac 1120 S. Dora St., Ukiah, Califomia 95482 Phone: 707.472.2793° Fax: 707.472.2773° Email: clibumc@co.mendocino.ca.us Tobacco Settlement Grant Application Cover Sheet Community Prevention in Action (CPIA) O Technical Assistance (TA) ~ Capital Project ~ County-wide Initiative [~ Start Up Project Title City Hills Trail Applicant Name Paths Open Space and Creeks Commission - POSC - Contact Person Lindsay Leland Title Commissioner Mailing Address 3041 Guidiville Reservation Road Ukiah, CA 95482 Physical Address of Project Low Gap Regional Park Phone 707-463-8847 Fax NA E-mail lindsayleland~hotmail.com If applicant is not a non-profit organization or public agency, who is the Fiscal Sponsor? Fiscal Contact Person Title Address Phone Fax E-mail Federal Tax ID # BOS District(s) Project Serves Priority Ama(s) Addressed: [] Access to Care [] Aging [] Alcohol & Other Drugs [] Healthy Lifestyles Project Start Date Project End Date Need Addressed by this Project: The Ukiah Valley is in need of more urban accessible hiking trails. Urban trails are of great necessity and importance because they allow our open space to be truly appreciated and used to promote environmental education and physical health. Measurable Outcome Desired: Our desired outcome is to extend the Ukiah Valley urban trails and paths for public recreation and environmental appreciation and preservation. Outcome Measured By: Our outcome will be measured by the completion of the Western Hills Trail. Funding Requested: $ 25,000 The signature below certifies that all information provided in the application is accurate, that the applicant will fulfill the stated requirements of the grant if awarded, and that the applicant will only use grant funds for items listed in this project budget. Contact Signature Fiscal Contact Signature Mendocino County Tobacco Settlement Advisory Committee Date Date Round 5 Application 2006 · Page 2 Project Title City Hills Trail Timeline Applicant Name: Paths Open Space and Creeks Commission POSC Activities must result in attaining measurable objectives. Activity Due Date Responsible Party(ies) Trail Design and Flagging 11-06 POSC Native Plant Salvaging 3-07 POSC - NPS Contract Labor Complete 4-07 POSC Community Participation Weekend 4-07 POSC Interpretive sign complete 4-07 Commissioner Leland Trail Signage Installed 5-07 POSC Trail Construction Complete 6-07 POSC *If needed, a second page may be used. (Total Possible Points-20) Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006 · Page 3 Budget Project Title City Hills Trail Applicant Name Path Open Space and Creeks Commission POSC Indicate all costs related to your project need, including any cash or in-kind contributions from other sources. Capital projects require at least a 20% match. MCTSAC Cash or Project Funds In-kind Explanation/ Expenses Requested Contributions Cost Breakdown Contract Labor $15,000. $120. hr X 125 hrs = $15,000 Trail Design Included w/ contractor bid Additional Labor for Final Grading $2,000. 10 volunteers x 10hrs. @ $20.00 hr. = $2,000 Hand Tools for Final Grading $800. 20 tools @ $10.a day for 4 days = $800. Signage $1,500. 15 @ $100. each = $1,500 Sign Installation $250. $300. $250. for Labor / $300. in volunteer labor Bddge $4,000. 1 - 12ft. bridge = $4,000 In trail structures $3,000. reinforcement structures Graphic Artist $1,250. 10 hrs @ $125. hr - $1,250. Totals $25,000. $3,100. (Total Possible Points--20) Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Paqe 4 Tobacco Settlement Grant Application Check List Project Title City Hills Trail (Submit This Page With The Grant Proposal) Applicant Name Paths Open Space and Creeks Commission POSC Complete this checklist to ensure that your application is complete. No other attachments, documents or cover letters will be accepted. DOCUMENT I ACTION APPLICANT USE ONLY Oneof eachSign~stapledOriginalin theandfollowing~Ven order:(7) Copies [::] No F~ Yes Appli~on Cover Sheet (1 page) U No [;~ Yes Narrative (up to3pages) ,::~ No ~:'~ Yes Timeline (up to 2 pages) ~ No ~ Yes Budget (1 page) ~] No ~; Yes One LePer of Supped (1 page) ~ No ~; Yes ~pli~ons for more than $100,000 must also U No u Yes address Affachment I items (up to 3 pages) Applim~on Check List (1 ~py) ~ No U Yes Round 5 Sumey (1 ~py, 2 pages)- optional ~ No [-1 Yes ~plicaeons for more than $20,000 U No ~ Yes may require a site visit www.co.mendocino.ca, uslphlmctsac 1120 S. Dora St., Ukiah, California 95482 707.472.2793 · Fax: 707.472.2773 · Email: cliburnc@co.mendocino.ca.us Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006 · Page 5 Tobacco Settlement Grants Round 5 Survey Please complete and return one copy of this survey in the envelope provided, whether or not you submit an application for a grant. This envelope will be separated from your application prior to review. Please rate the following parts of MCTSAC's granting process. Leave a question blank if you have no knowledge about it. If the space provided for written answers isn't sufficient, you can continue on the back or attach additional sheets. Thank you for your time! I. OBTAINING THE DOCUMENTS a. How did you find out about the Tobacco Settlement Grants? Website Friend/Colleague X Radio Meeting.__ Newspaper (Specify) b. Did you have sufficient time to complete the application? 6es)No If "no", please explain: Other c. How did you obtain the Request for Application (RFA)? X Downloaded from the website Requested a hard-copy mailing Requested an electronic mailing Other (Specify) d. Did you review the Frequently Asked Questions posted on the web? ~ Not Applicable Yes e. Were the Frequently Asked Questions useful to you? N~Applicab~ Yes No f. What improvements would you suggest regarding obtaining the documents? I found it very_ easy to obtain the documents II. REQUEST FOR APPLICATION AGREE DISAGREE a. The RFA instructions were clear and easy to follow. 5 U 3 2 1 b. What improvements would you suggest regarding the instructions in the Request for Application? (The more specific you can be, the better,t) I found the instructions to be well written and clear the only suggestion I would have would be that the Application Categories be a little clearer. Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006 · Page 6 Tobacco Settlement Grants Round 5 Survey (continued) c. The instructions for the forms were clear. COVER SHEET NARRATIVE TIMELINE BUDGET APPLICATION <3o <3o <3o d. There was sufficient space in the Narrative to explain the scope of my project~Q No e. Compared to other grant applications, this application was easier to follow and prepare. AGREE DISAGREE 5 Ut3 2 1 f. What improvements, if any, would you suggest for the Application forms? The Application I downloaded from the intemet (word) still had edits marks on it, one of the sentences was crossed out in red. A small oversight, but you may want to check it before next year. III. CORRESPONDENCE a. Staff was helpful in providing information. Not ApplicablGo b. My questions were answered within three working days when messages wer~ phone or e-mail. Not Applicabl~o c. What improvements, if any, would you suggest for communicating with applicants? I found Valerie to be very open and helpful. The only suggestion I could make was to make it clearer that grant assistance is avalible. THANKS AGAIN FOR YOUR TIME! Your answers will help the MENDOCINO COUNTY TOBACCO SETTLEMENT ADVISORY COMMITTEE to continually improve the TOBACCO SEI~LEMENT RFA ! OPTIONAL: Name: Lindsay Leland Address: 3041 Guidiville Road Phone Number: 707-463-8847 MCTSAC subscribes to the World Health Organization's definition of health: "Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity ( 1948).' It is anticipated that this grant process will improve the ability of local organizations to be effective at contributing to the overall health of their community. Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006 · Page 7 Project Title: City Hills Trail Applicant Name: Paths Open Space and Creek Commission The mission of the Paths, Open Space, and Creeks Commission is to enhance the environment of the city and Ukiah Valley. The Commission advocates developing carefully preserved natural habitat, restoring creeks and watersheds, and maintaining and creating paths, trails and open space. The City Hills Trail concept was first conceived nearly two years ago when the Paths, Open Space and Creeks Commission discovered the city owned thirty acres of hillside land west of the golf course adjoining Low Gap County Park. After several exploratory hikes by commissioners, we realized the potential of this property for quiet recreation, exercise, education and open space. Since that time the POSC commissioners have hiked this proposed trail perhaps twenty times with interested individuals and groups: Ukiah Valley Trail Groups, John Halstad (county parks), representatives from city planning, a member of the California Native Plant Society, members of the City Council, and numerous interested citizens. The commission has been working on this project for two years and has a vested interest in seeing this project come to fruition. Each member of this commission brings their own specialty to the Western Hills Trail project; it is this diverse and complimentary skill set that will assure competency in the completion of the Western Hills Trail. Dan Holdbrook brings an extensive science background to the group. He graduated from Oregon State University with a BS in Biology and is near completion of a Masters in Environmental Science. Dan is currently employed as a teacher of biology, chemistry, physics, and health. Dan built trails for the US Forest Service at Mt. Hood, Oregon, and has been a hiker, backpacker, and mountain climber since 1960. His main interest in working with POSC is that we promote a healthy lifestyle while protecting the natural environment of Mendocino County. Jaime Connerton was inspired to apply for the POSC commission because he saw an opportunity to help preserve Ukiah Valley's natural beauty and resources. Jaime sees his role as a POSC Commissioner as a caretaker; as a public school teacher he seeks to continually educate himself, and to help others educate themselves to the natural wonders surrounding us, and to our roles in protecting them. Our Chairman Howie Hawkes has owned Hawkes Construction Company for 25 years. He brings management skills and fiscal responsibility to any project in which he is involved. Howie has served on several non-profit boards and applied to serve as a POSC Commissioner because of his belief that an accessible, natural and built environment, promote a healthy community. Fred Koeppel has resided in the Ukiah Valley since 1990. He is a graduate of Ukiah High and has received Associate Degrees in Liberal Arts, Psychology, and Social Science. He served on the steering committee for Community Coalition for Gang prevention for 2 years, Parks Recreation and Golf Commission for 7 years and was inspired to apply for the POSC commission in effort to best serve a much needed cause; maintaining, preserving and acquiring sensitive habitats in the Ukiah area. Lindsay Leland brings an education in native plant and restoration technology. Lindsay is a great asset in dealing with the sensitive ecosystems that may be encountered in the construction of the trail. This start-up project is for the creation of the City Hills Trail, which will be the first in a series of trails the POSC commission imends to construct. The City Hills Trail will be accessible through Low Gap Park and travel onto city property in the western hills above Ukiah. Conveniently accessing nature on well-conceived trails encourages care for the local environmem and for the flora and fauna that might otherwise be lost. The trail will traverse remarkable varied ecosystems, affording glimpses into a narrow fern canyon, home to a stand of Redwoods; hillsides studded with Oak, Madrone, Manzanita, and Fir; swaths of native grass-clumped meadows with rocky outcroppings; and thick, coniferous woodland. The City Hills Trail will initiate in the southeastern portion of Low Gap Park. Once the City Hills Trail leaves the preexisting network of trails in the Low Gap Park the City Hills trail will meander upwards into an Oak woodland environmem. It will ascend for approximately a quarter mile. At this point it will descend to a seasonal creek framed by an established stand of Redwoods. Then the trail will traverse upwards along the southern slope of the creek through oak woodland and eventually arrive at the edge of a glorious meadow, which offers a glimpse into the historical landscape of California; a meadow of California native bunch grasses. The trail will then meander upwards reaching a vista point with expansive views of the Ukiah Valley. The commission is exploring two options for the contracting of the trail construction. The first option is to hire a professional trail builder who owns a trail building machine. We have contacted a possible contractor who has extensive trail building experience. He has quoted a cost of $15,000 for the construction of the trail. If we choose this option we will still need to organize volunteer labor to complete the final grading. The second option is to hire the California Conservation Corps to construct the trail. The California Conservation Corps is a workforce development program that offers young men and women the chance to serve their state and become employable citizens through life skills training and hard work in environmental conservation. The CCC has extensive trail design and trail building experience. To contract with the CCC would cost $6,000 per week for a crew of 12, including a supervisor, insurance, and tools. We believe it would take 2 weeks of work with the CCC to complete the trail. In addition to contract labor the POSC commission is very interested in increasing community involvement. We intend to conduct community outreach through posting flyers, word of mouth, and placing an advertisement in the newspaper. Depending on the amount of volunteer labor necessary we will host a trail building weekend or two, in which the public can come out and help build their new trail. We have budgeted monies for the creation and installation of several signs along the trail. The signs will be interpretive, directional, and precautionary. The majority of the precautionary signs will be posted at the trail head while the smaller directional signs will be placed along the trail whenever necessary. We intend to place two interpretive signs along the trail. The will educate the public with historical and environmental facts. The signs will be placed creek side in the redwood stand and at the vista point that overlooks Ukiah. The signs will also be used to thank the supporters and volunteers that helped create the trail. Commissioner Leland will assist in the design of the signs as she has an education in public art. However, it may be necessary to work in partnership with a local graphic artist in order to ensure the graphic specifications are met for the printer. In addition a small amount of materials will be necessary to install the signs along the trail. Volunteer labor will be used for sign installation. The exact point at which the trail crosses the creek is still in evaluation for reasons of environmental sensitivity however it has been established that a bridge will be necessary. Construction of a bridge will increase safety and reduce environmental damage. Our chosen contractor will establish the precise measurements of the bridge; however we have a cost estimate for a 12fi bridge of $4,000. We are confident that this estimate will be sufficient to construct whichever type of bridge is chosen. In the event that additional funds are necessary we will seek donations of materials from local vendors. To combat trail erosion it may be necessary to build in-trail structures to reinforce any steep sections. We have budgeted $3,000 for these structures and are confident that it will be sufficient. However, if we are in need of additional material we will request donations from community members and businesses. Carefully planned and constructed, with sensitivity to fragility of plant and animal life and water sources, this path will well justify the cost. We are confident that any additional funds or supplies will be acquirable through community support in the form of time or material donation. For our open space to be truly appreciated, enjoyed, and shared by our community we must have more trails. Our target population is the citizenry of Ukiah; runners, walkers, plant enthusiasts, bird watchers, friends enjoying each others company, families on a picnic, even an elementary or high school science class. A trail is proven as an important amenity for urban and suburban communities. The positive value they offer as a community resource will become apparent once the trail construction begins; community members will be working together, meeting each other and building connections all the while forming the trail. Participants in the trail construction will feel a sense of land stewardship that may be passed on to furore generations. A trail that was constructed by a grandparent will hold a special significance for future generations of Ukiah. The Strategic Plan Priority Area the Western Hills Trail project fulfills is Healthy Lifestyles. In the Nutrition, Hunger and Physical Activity portion of Healthy Lifestyles the recommendation to comply with the physical activity component is to "improve community planning and land use design to increase walking paths..." This project is a clear step in that direction. RAND Health the nation's largest independent health research program, conducted a study on "Park Use and Physical Activity in a Sample of Public Parks in the City of Los Angeles". They found that "In parks with walking paths people were walking twice as much as in parks without them" and made the following recommendation regarding paths and trails in parks. "Moderate activity is important for everyone, and since most people like to walk, making parks an inviting place for walking should be a high priority for the people of Los Angeles. Efforts to improve the design of parks and their facilities should focus on creating more walking paths and tracks. These could border or surround existing active spaces and/or could be created with additional features that make them attractive to a broad range of the population. Landscaping that provides shade for walkers and/or other unique points of interest could draw local residents. Paths could be added around or outside of existing parks as well, with appropriate signage to make the route attractive and to help people become aware of distances walked or steps taken." Having a beautiful trail to walk will give the citizenry a reason to get out and get moving; and in doing so improve their physical fitness. TOBACCO SETTLEMENT FUNDS RFA Round 5 INSTRUCTIONS Background The National Tobacco Settlement was the result of litigation brought against the tobacco companies by 46 of the 50 states for unfair business practices. The nationwide judgment against the tobacco companies, also known as the Master Settlement Agreement, totaled $206 billion; $25 billion of which was allocated to California. The annual allocation for Mendocino County is estimated to be $920,000. The Mendocino County Tobacco Settlement Advisory Committee (MCTSAC) was set up by the Mendocino County Board of Supervisors to provide recommendations regarding distribution of the Technical Assistance and Community Prevention in Action grant's portion of the annual Tobacco Settlement Revenue to organizations throughout the County. The first task of MCTSAC was to develop a technical assistance grant process as described in this Request for Application (RFA). Of Mendocino County's estimated annual allocation, 50% goes to the County for debt reduction, 30%-- approximately $300,000--has been designated by the Mendocino County Board of Supervisors for distribution in the form of capital projects, county-wide initiatives, start ups, or technical assistance grants. 10% goes to the Community Foundation's Endowment for Community Health Projects and 10% has been designated for distribution in the form of Community Prevention in Action grants. In February 2005, the Community Health Plan for 2005-2009 was completed by the Mendocino County Public Health Advisory Board, Tobacco Settlement Advisory Committee, community partners, agencies, and individuals. (See www. co.rnendocino.ca.us/ph) The four priority areas identified in that plan: Access to Care, Aging, Alcohol and Other Drugs, and Healthy Lifestyles, were used to guide the Technical Assistance grant process in 2005. The 2006 application processes for Community Prevention in Action and Technical Assistance have been combined into one RFA that also encompasses Capital Projects, County-wide Initiatives, and Start-Ups. This annual process generally occurs between February and April. Capital projects, county-wide initiatives, community health prevention projects, start ups, and technical assistance involve foresight and consideration on the part of an agency. Capacity building money is not based on an urgent need, but generally considered "seed funds" for one-time only endeavors. Tobacco Settlement grant funds are not intended for ongoing operational costs or to sustain agencies that have lost a portion of their funding. Grassroots organizations are encouraged to apply and to seek additional funding from other sources. Eligibility Public or private non-profit community groups or associations may apply. If an applicant is not a non-profit organization, a fiscal sponsor is required. Applicants may submit only one application per fiscal year, regardless of the difference in program or project types. Organizations with more than one program goal are encouraged to select a primary project to focus on for funding. In the event that more than one application is received from the same organization, all applications will be disqualified from the selection process. * *Exceptions: Independently operating chapters of larger state/national organizations, provided they have separate governing bodies and administrations; and independent schools within a school district, provided that they are housed on separate campuses, may apply without disqualification. Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006, Page 8 TOBACCO SETTLEMENT FUNDS RFA Round 5 INSTRUCTIONS continued Non-Profit A non-profit organization has a 501(c)(3) tax-exempt status with the Internal Revenue Service. A public non-profit is a government organization such as a school district, a city, a county, a joint powers agency or a special district (e.g., a Recreation District). Fiscal Sponsorship An applicant group that is not a public agency or a 501(c)(3) private non-profit must arrange for a fiscal sponsor. In the event of a contract award, applicants or their fiscal sponsor must be able to furnish proof of liability and worker's compensation insurance in order to comply with the County of Mendocino's contract approval process. FUNDING CRITERIA Applications shall be submitted directly to the Mendocino County Department of Public Health, 1120 S. Dora St. Ukiah, CA 95482. Applications must be received by 5:00 p.m. on Friday, April 7, 2006 in order to be eligible for Round 5 funding. Applications that are not compliant with formatting requirements or are received after 5:00 p.m. on April 7, 2006 will not be considered. Applicants are required to complete the application Cover sheet, Narrative, Timeline, and Budget forms. The Tobacco Settlement Grant's scoring rubric is both objectively and subjectively based according to the criteria listed. Highest possible Application Rating is 100 Points. 1. NARRRATIVE (Total Possible Points- 80) Organization or Group, Experience and/or Qualifications (Possible Points - 20) Applicant will be evaluated based on the demonstrated ability and credibility of the organization or group (up to 10 points); and its community or grassroots support (up to10 points). Project Description (Possible Points--30) Applicant clearly describes the Capital, County-wide initiative, Community Prevention in Action, Start-up, or Technical Assistance project (up to 10 points); demonstrate that the funding assistance requested justifies the cost once the project is complete (long-term outcome) (up to 10 points); and clearly and logically describes the plan to obtain the remainder of the funds required to complete the project (up to 10 points). Community Benefit (Possible Points--30) Applicant clearly describes the target population, number of people, and how they will benefit (up to 10 points); describes how the project fulfills a Strategic Plan Priority Area need (up to 10 points); and describes a program or project that has been demonstrated to effectively address this issue (up to 10 points). 2. TIMELINE (Total Possible Points--10) Applicant Key Activities and Due Dates are clear and realistic (up to 10 points). BUDGET (Total Possible Points--10) The budget shall be clear, well thought out, and reasonable. No ongoing expenses will be allowed in any category of application (up to 10 points). Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 9 TOBACCO SETTLEMENT FUNDS RFA Round 5 INSTRUCTIONS continued FUNDING PROCESS Tobacco Settlement Grants are scheduled for distribution no more than one time per year. The intention of the Mendocino County Tobacco Settlement Advisory Committee is to have a positive impact on community health by supporting local organizations whose applications are written in accordance with the four priority areas of the Community Health Strategic Plan. Those priority areas include Access to Care, Aging, Alcohol and Other Drugs, and Healthy Lifestyles. Capital projects, County-wide initiatives, Community Prevention in Action, Start-ups and Technical Assistance projects will be considered. Generally, MCTSAC prefers to fund grants of $10,000 or less for Community Prevention in Action and Technical Assistance projects. Applications for amounts greater than $20,000 may require a site visit prior to funding. A Grants Review Committee, consisting of 4-6 members of the Mendocino County Tobacco Settlement Advisory Committee, the Mendocino County Public Health Advisory Board, and CPIA/Community members will review the applications and solicit formal approval for recommended grantees at the full MCTSAC Advisory Committee's regularly scheduled meeting. County Executive Office staff will be invited to observe MCTSAC's review process prior to making funding recommendations to the Board of Supervisors. The Mendocino County Tobacco Settlement Advisory Committee reserves the right to recommend funding proposals at an amount less than that requested. The applicant will be notified and given an opportunity to revise or withdraw their proposal. All applicants will be considered the same, regardless of previous application or funding, however, previous grant performance will be considered. There is no guarantee that any or all of the monies available to the Mendocino County Tobacco Settlement Advisory Committee will be awarded in any given year. In the event that all funds available are not distributed, remaining funds will be rolled over into the next round for distribution. Receipt of Tobacco Settlement funding for planning a capital project carries no guarantee, explicit or implied, that those projects will receive additional Tobacco Settlement Revenues from other granting sources. The final decision for funding of the National Tobacco Settlement Revenues grants is made by the Mendocino County Board of Supervisors, upon the recommendations of the Mendocino County Tobacco Settlement Advisory Committee and the County Executive Officer's Office. All decisions are final and are not subject to appeal. Upon execution of contract, successful applicants will receive a first installment of 25% of the total award or $1,500, whichever is greater. Subsequent payments, as applicable, shall be determined based on the size of the award and duration of the contract. All grant recipients will be required to complete a brief Interim Report that will be due midway through the timeline for project completion, and must be submitted with the Second Invoice. At the completion of the project, all grant recipients will be required to provide a Final Report and Contract Completion Survey in order to receive payment of the Final Invoice. If a grantee does not perform as stated in the grant contract, the grantee will be responsible for returning all or part of the full grant amount. County contract approval process requires that funding recipients provide proof of general liability insurance in the amount of one million dollars. All parties contracted with Mendocino County are mandated to have this insurance. Contractor shall also provide proof of worker's compensation insurance covering all of its employees and volunteers throughout the period of this contract. Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 10 TOBACCO SETTLEMENT FUNDS RFA Round 5 INSTRUCTIONS continued Application Categories The Tobacco Settlement RFA can now be used to apply for the following FIVE categories of grants. Note: The examples listed in each category are only examples, and not meant to imply that these are priorities or that other examples not listed are less likely to be funded. Capital Projects See Attachment 1 Technical Assistance (TA) Definition: Facility-based projects, ie. bricks & mortar or associated fees Multiple year grants not greater than 3 years [] MCTSAC funded costs not greater than $500,000 MCTSAC funded costs not to be greater than 80% of any project Examples: Child Care Center Family Resource Center Health Center Recreation Center Senior Center County.wide Initiatives See Attachment 1 Definition: Projects serving the entire County Multiple year grants not greater than 3 years [] MCTSAC funded costs not greater than $500,000 [] Project costs funded not to be greater than 80% of any project Examples: Advocacy for healthy food choices for children Affordable health insurance Social marketing campaign Definition: Hiring expertise to perform a specific task toward organizational or project development [] Most grants not greater than $10,000, but may be up to $20,000 Examples: Consultant facilitation ~ Designing a database software system Developing a business plan for a capital project Executive coaching / professional development ~ Initial design phase of a capital project Needs assessments, research or analyses Training, education and development Writing or researching a grant Start Ups Definition: One time expense Examples: Client transport vehicle Dental chair : Handicap ramp Start up costs for a group home or treatment facility Community Prevention in Action (CPIA) Definition: Programs for health promotion, prevention, and community health o Most CPIA grants not greater than $10,000 Examples: Child/youth development Community asset building Substance abuse Cultural competency Direct services Equipment See Attachment 2 Family wellness HIV, STD and Hepatitis C awareness/prevention Tobacco education/cessation Violence prevention Women's health Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 11 Project Title Applicant Name Narrative responses are limited to: Not more than 3 full pages with 1-inch margins, 12 pt. Times New Roman font or hand-printed block letters, single-spaced font. Include the Project Title and Applicant Name at top of page. Applications that do not meet these requirements will not be considered for funding. Please provide the following: 1. Experience and/or Qualifications (Total Possible Points--20) a. Ability and credibility of organization or group (up to 10 points) b. Community or grassroots support (up to 10 points) 2. Project Description (Total Possible Points--30) a. Clearly described project (up to 10 points) b. Demonstrated benefit that justifies the cost once the project is complete (up to10 points) c. A logical plan for securing remainder of funds (up to10 points) 3. Community Benefit (Total Possible Points--30) a. Defines target population, number of people served, and how they will benefit (up to 10 points) b. Project fulfills a Community Health Strategic Plan* priority area need (up to 10 points) c. Describes a program or project that has been demonstrated to effectively address this issue (up to 10 points) (Total Possible Points - 80) *The Community Health Strategic Plan is available on the Public Health website: www.co.mendocino.ca.uslph Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 12 UJ Capital Project (~ County-wide Initiative [~ Technical Assistance (TA) ~ Community Prevention in Action (CPIA) [~ Start Up Activities must result in attaining measurable objectives. Project Title: ABC Community Garden Applicant Name: ABC A,qency Activity Timeline Responsible Party(ies) Develop a minimum of 14 garden plots at ABC location April-May 2006 Project Coordinator Garden Committee At least 30 community members will participate in weekly May-Dec. 2006 Project Coordinator garden activities Printed recipe book will be created Feb. 2007 Project Coordinator Garden Participants ABC will host two block parties June 2006 Project Coordinator Nov. 2006 Garden Committee *If needed, a second page may be used. (Total Possible Points- 1 O) Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 13 Budget ...... Project Title: XYZZ Technical Assistance Project Applicant Name: XYZZZZ Neighborly Non-Profit Please indicate all costs related to your project, including any cash or in-kind contributions from other sources. Any staff expenses reflected in the budget must be used for this new MCTSAC Project and not for any existing projects. Technical Assistance MCTSAC Cash or Project Funds In-kind Explanation/ Expenses Requested Contributions* Cost Breakdown Consultant/Trainer, Strategic Planning $2,250 $45/hr. professional service x 10 hrs. per meeting x 5 meetings Travel to Meeting Site $200 $.40 per mile x est. 500 miles Staff Support for Meetings $500 $10/hr. x 10 hrs. per meeting x 5 meetings Fundraising Event $500 Cash donations Printing/Photocopying $100 $.05/copy x 2,000 total copies Facility $250 Meeting Room, $50/meeting x 5 meetings Totals $2,450 $1,350 *Capital Projects require a minimum of 20% In-kind. Define cash or other. (Total Possible Points - 20) Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 14 TOBACCO SETTLEMENT FUNDS RFA Round 5 CAPITAL & COUNTY. WIDE INITIATIVES INSTRUCTIONS - Attachment I Capital and County-wide Initiatives Topics may have already been addressed in the Narrative section, however for Projects of $100, 000 or more, please attach up to 3 additional pages describing and elaborating on the following ten points: 1. Ability to leverage other sources of funding 2. Availability of 20 % matching funds 3. Commitment of collaborating partners (agencies, CBO's, individual citizens, private business) 4. Commitment and/or demonstrated resources of the requesting applicant 5. Population(s) to be served 6. Projected operating budget 7. Project readiness to get started 8. Provision for ongoing operation and maintenance costs 9. Public perception of project's overall value 10. Viability and sustainability Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 15 TOBACCO SETTLEMENT FUNDS RFA Round 5 CPIA INSTRUCTIONS - Attachment 2 CSAP-6 The Center for Substance Abuse Prevention (CSAP) suggests six prevention strategies that have been proven effective in designing community prevention programs: Information Dissemination: Communication in this strategy is generally one-way, from the source to the audience. Provides up-to-date knowledge and awareness about the nature and extent of the behavioral problems and their effects on individuals, families, and communities. [Note: Information dissemination alone has not been shown to be effective at preventing substance abuse.] Examples: Media campaigns, brochures, health promotion activities, video watching, public service announcements, press releases, lectures. Prevention Education: This strategy involves two-way communication and is distinguished from the information dissemination strategy by the fact that interaction between the educator/ facilitator and the participants is the basis of its activities. Activities in this area focus on helping an individual develop interpersonal skills, clear and purposeful goals and values, self-control and the ability to build and maintain healthy relationships. These activities build social skills, decision-making and refusal skills, as well as critical analysis and systemic judgment abilities. Examples: Classroom curricula, life skills training, tutoring/mentoring programs, parenting education, peer leadership/helper activities, conversations with outreach workers. ATOD (Alcohol, Tobacco and Other Drug) Free Alternatives: This strategy provides for the participation of target populations in activities that exclude substance use. The assumption is that constructive and healthy activities offset the attraction to--or otherwise meet the needs usually filled by--alcohol and drugs and would, therefore, minimize or obviate resort to the latter. [Note: Alternative activities alone have not been shown to be effective at preventing substance abuse.] Examples: Community service, health fairs, school/church/community activities, challenge courses, ATOD-free dances and other events and activities. Community-based Processes: This strategy aims to enhance the ability of a community to mobilize more effectively to provide prevention, early intervention and treatment services. Community mobilization includes assessment of community services and resources, a risk/protective factor assessment, community action planning and team building. Examples: community coalitions and partnerships, grassroots movements, letter writing campaigns, door-to- door canvassing, task forces. Social Policy and Environmental Approaches: Establishes or changes written or unwritten community laws, standards, codes, attitudes, policies and/or norms, thereby reducing the incidence and prevalence of ATOD use problems, delinquency, teen pregnancy, school dropout and violence. Examples: Workplace and school ATOD and violence policies, modifying advertising, pricing policies, influencing the marketing of alcohol and tobacco products and enhancing enforcement of existing drug policies. Problem Identification and Referral: This strategy aims to identify those who have indulged in illegal/age-inappropriate use of tobacco or alcohol and those individuals who have indulged in the first use of illicit drugs in order to assess if their behavior can be reversed through education. It should be noted, however, that this strategy does not include any activity designed to determine if a person is in need of treatment. Examples: Employee Assistance Programs (EAP), Student Assistance Programs (SAP), Driving Under the Influence (DUI) Programs. Also aims to make referrals to programs and organizations that can help those identified as having ATOD problems. Examples: Making referrals to youth leadership programs, challenge activities, "Ropes" courses, helpful community based organizations and local government agencies, ATOD treatment programs, recovery programs, 12-step programs. Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 16 TOBACCO SETTLEMENT FUNDS RFA Round 5 2006 APPLICATION SCORING WORKSHEET Project Name: Applicant Name/Organization: Reviewers: SECTION POSSIBLE ACTUAL ....... SCORE SC~E la. Experience and Qualifications 20 lb. Project Description 30 lc. Community Benefit 30 2. Timeline 10 3. Budget 10 SECONDARY CRITERIA Not Scored N/A [] Geographical area served [] Target population; underserved population [] A mitigating effect on current or future tobacco use Total I 100 Overall impression of this application: (Check one) [3 Definitely Fund [3 Maybe Fund Definitely DO NOT Fund Why? (Please provide 3 points for and against funding this applicant.) PRO CON Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 17 1. NARRATIVE a: EXPERIENCE & QUALIFICATIONS Total Possible Score=20 0 3 7 zO Not at All Somewhat Mostly Absolutely Score 1. Demonstrated ability & credibility of organization or group 2. Demonstrated community or grassroots support Section la Score: Comments: b: PROJECT DESCRIPTION Total Possible Score=30 0 3 7 10 Not at All Somewhat Mostly Absolutely Score 1. Project is clearly described 2. Demonstrated benefit that justifies the cost once the project is complete 3. Plan for securing the remainder of funds is logical and likely Section lb Score: Comments: c: COMMUNITY BENEFIT Total Possible Score=30 0 3 7 10 Not at All Somewhat Mostly Absolutely Score 1. Defines target population, number of people served, and how they will benefit 2. Project fulfills a Strategic Plan Priority Area need 3. Program or project described has been demonstrated to effectively address this issue Section lc Score: Comments: TOTAL Section 1 Score: Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 18 2. TIMELINE , , TIMELINE WORKSHEET Total Possible Score=10 0 3 7 10 Not at All Somewhat Mostly Absolutely Score 1. Key Activities and Due Dates are clear and realistic Section 2 Score: Comments: 3. BUDGET BUDGET WORKSHEET Total Possible Score=10 0 3 7 10 Not at All Somewhat Mostly Absolutely Score 1. The budget is clear, well thought-out, and reasonable Section 3 Score: Comments: Budget Adjustments, IF ANY: (Please explain any budget revisions or adjustments that you recommend for this application.) Mendocino County Tobacco Settlement Advisory Committee Round 5 Application 2006. Page 19 ITEM NO: 9.c DATE: April 5, 2006 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION AND SCHEDULING OF SECOND JOINT MEETING WITH PLANNING COMMISSION TO DISCUSS DRAFT REVISED HILLSIDE DEVELOPMENT REGULATIONS SUMMARY: At the conclusion of the March 29, 2006 joint City Council/Planning Commission hillside development regulation meeting, it was suggested that a second joint meeting may be useful. The purpose of the meeting would be to focus primarily on a dialog between the Council and Commission rather than on accepting additional public testimony. This agenda item is seeking Council's discussion on the merits of such a meeting, and the establishment of a possible meeting date. RECOMMENDED ACTION: Determine the merits of a second joint meeting with the Planning Commission to discuss the draft hillside development regulations, and identify alternative dates. ALTERNATIVE COUNCIL POLICY OPTION: Do not discuss or schedule a second joint meeting and provide direction to staff. Citizen Advised: N/A 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: APPROVED: Candace Horsli~y, City Ma'~ager AGENDA SUMMARY ITEM NO. 9.d DATE: April 5, 2006 REPORT SUBJECT: REPORT ON RESTORATION EFFORTS AND IMPACTS RESULTING FROM THE 2005~2006 WINTER STORMS BACKGROUND: On December 30, 2005, the City Manager acting as the Director of Emergency Services prepared a proclamation declaring a local emergency due to excessive rain, flooding and storm conditions. The City Council ratified that action at a Special Meeting held on January 5, 2006. The Governor declared a state of emergency in Mendocino County on January 3, 2006 and on February 3, 2006, a Presidential Declaration was signed authorizing the Federal Emergency Management Agency (FEMA) to provide federal assistance to Mendocino County, including the City of Ukiah. The incident period has been defined as December 17, 2005 through and including January 3, 2006. On February 15, 2006, City staff participated in a Public Assistance Program briefing and filed an initial Request for Public Assistance form. On March 7, 2006 staff met with a FEMA representative for an initial "kick off' meeting to access damages, review data collected, and begin the process of preparing the necessary claim forms. Initial site visits with FEMA representatives began on March 15 and are continuing. SUMMARY: As a result of the federal and state emergency declarations, FEMA will fund 75% of eligible emergency work, debris removal and the permanent repair or replacement of disaster damaged facilities. The State's share of the cost for federally declared disasters is 18.75% and the remaining 6.25% of costs is the local entities responsibility. By waiting for professional bids for various cleanup/restoration projects, staff is now able to provide Council with reasonable estimates on what we anticipate costs to be. To date, a total of approximately $325,000 has been spent related to the 2005/06 winter storm with an estimated total cost of $5.2 million. It is important to recognize that these are "conservative" estimates only. Final costs will not be available until all cleanup/restoration projects are completed or bid awards for various projects are determined. Additionally, until FEMA has completed their assessment of damages, we will not know what portion of these costs will qualify for reimbursement. The attached spreadsheet (Attachment 1)identifies both the expenses incurred to date and anticipated future expenses related to the winter storms of 2005-2006. In addition, staff has identified in the preceding pages hazard mitigation measures to identify post-disaster planning efforts to reduce future damages and/or loss of life. Staff will be present to respond to any questions regarding restoration/repair efforts. Staff anticipates returning to Council with periodic updates. (Continued Page 2) RECOMMENDED ACTION: Receive report on New Year's flood damage restoration efforts and most recent costs estimates related to same. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Councilmember Baldwin Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Candace Horsley, City Manager Attachments: 1 - Recap o.f_.Actual Expenses Incurred and Anticipated Expenses Cand~ce ~orsiey, City I~'~lnager HAZARD MITIGATION MEASURES: Community Services: Despite prevent the extensive damage at a number of our park locations, there is not much that could have been done to or minimize the damage. The extent of the flooding at Riverside Park and the Ukiah Sports Complex was beyond that of affordable mitigation measures. As we rebuild at these locations, we will explore improved electrical systems and raise ballast/junction boxes up on the light poles. · The Parks Division has been able to implement a much more aggressive tree care program with the recent addition of bucket trucks. Despite extensive wind and ground saturation, we experienced very little damage from fallen trees and limbs. · The skylight in the new gallery at the Grace Hudson Museum was damaged during the storm and allowed water to enter into the interior of the building. Rather than replacing the skylight, Museum Staff is recommending roofing this portion of the exterior and installing a set of interior lights and covers that will have the same effect as a real skylight. · The majority of interior and exterior building issues at the Civic Center and Observatory House were in part due to already compromised systems as a result of deferred maintenance. Fixes for many of these issues have already been proposed with the recent review of capital improvement projects and include repair to stucco/siding, gutters and the tile roof. Furthermore, we will be proposing the addition of another building maintenance attendant (for a total of two staff) in the FY 06/07 budget to address deferred maintenance and safety issues throughout City Facilities. · During the flood, staff was able to identify a number of drainage deficiencies throughout our Parks and Golf Course. Staff has already begun to address these issues which include mainly minor fixes including grate replacement and debris barriers at the entrances of culverts. Water Treatment Plant (WTP): During the 2005/2006 Winter storms, the Water Treatment Plant (WTP) sustained damages caused by floodwaters in sections of the asphalt road leading to the plant, the asphalt around the backwash basins, and sections of the field fencing north of the plant. The operation of the WTP was not impacted by damages incurred. Flood waters were 6 inches below the floor of the WTP so there appears to be a good buffer for the internal portions of the plant. In addition, all electrical panels included in the new construction areas have been placed to match the elevations in the WTP which is 14 inches above the 2005 flood waters. While, Staff does not believe that damage to the fencing could have been prevented through any mitigation measures, the City could replace the asphalt with concrete. However, this would not be recommended based on infrequency of flooding in this magnitude and the high cost associated with the replacement of the asphalt with concrete. Waste Water Treatment Plant (WWTP): There was no damage at the WWTP. However, staff has determined that it might be prudent to increase the plant's ability to safely discharge secondary effluent with additional pumps. During the flood, if rental pumps had not been available, the percolation pond berms would have been breached. Lake Mendocino Hydroelectric Plant: The primary purpose for Coyote Dam and Lake Mendocino is flood control. During heavy rains and flood conditions the Army Corp of Engineers (COE), who operate the dam, manage the water releases in such a way as to optimize the amount of storage capacity behind the dam. The rate at which water is released to create the necessary storage capacity is based on storm forecasts. During the New Year's storm and flood, it was necessary for the COE to release significant amounts of water through the dam with flows at times exceeding 5000 cubic feet per second (cfs). This release rate is deemed significant and unusual considering that releases of this magnitude have occurred on only three occasions over the past 30 years. The water that is released from the dam flows into a channel immediately downstream of the Hydroelectric plant. The channel converges to a narrow discharge point that makes up the head waters of the Russian River. The restriction created by the narrowing of the channel results in water levels rising in the channel during high release periods. The higher the rate of release, the higher the water level rises in the channel. During the past year, efforts have been and are being undertaken to ready the hydroelectric plant for a restart sometime later this year. Part of this preparation included the inspection of the large diameter stop valves upstream of the turbines this past October. Inspection of these valves required that inspection hatch covers be removed in several locations to allow access and to ventilate pipes which contained the valves. The hatch covers were left off at the conclusion of the inspection in anticipation of work that was to take place in the near future. At the time of the inspection, water releases from the dam were extremely Iow and water level in the channel was not a concern. The elevation of the inspection hatches within the power house is significantly above the water level that normally exists within the channel. The unanticipated high water level within the channel that occurred as the result of the significant and unusual release rate during the New Year's storm caused the channel water to back up into the power house through the tailrace of both turbines. The water level continued to rise until it spilled through the open inspection hatches and into the power house. Sump pumps within the power house were unable to keep pace with the inflow of water and eventually tripped off line when power was lost. The water level within the power house continued to rise until it was equalized with the water level in the channel, which was about 4 feet above the power house floor level. Water level was high enough to infill through vents in the turbine bearing housings and the turbine control hydraulic fluid reservoirs, displacing approximately 100 to 150 gallons of oil and hydraulic fluid. The oil and hydraulic fluid dispersed over the surface of the water inside the power house. The oily water was contained within the power house and no oil was discharged to the channel. Once it was discovered that the power house had flooded, vacuum trucks were dispatched to the plant on an emergency basis to try and pump the water out. Water levels in the channel prevented the vacuum trucks from lowering the level in the power house. Water could not be successfully pumped from the power house until releases from the dam were decreased and the water level in the channel lowered to a point below the elevation of the inspection hatches. Once that occurred, the power house was pumped dry and the contaminated water was disposed of at a licensed recycling facility. The inspection hatches were put back in place. As the water receded within the power house, a thin layer of oil was deposited throughout the plant on walls, the floor and equipment. The oil contamination required that all surfaces be steam cleaned, which created additional water that was also recycled. This effort has been completed, with the exception of the secondary side of the oil/water separator sump. In addition to the cleanup of the water and oil contamination, it is also necessary to refurbish the electrical equipment contained within the power house. This refurbishment includes removal, disassembly, cleaning, reassembly, testing and installation of numerous components, the most significant being the generators. Some components need to be replaced. Presently there is a Request for Proposals out to bid for the refurbishment of the plant equipment. Bids are due April 10, 2006. At this time it is estimated that the cost of the cleanup, disposal of water and refurbishment of equipment will cost between $525,000 and $625,000. Of that amount, approximately $245,000 was spent in responding to the emergency conditions and the cleanup. The remaining costs are associated with the refurbishment of equipment. A FEMA claim is currently being prepared for possible reimbursement of some or all of these recovery costs. How to prevent this in the future: An investigation of the flooding event has determined that the Operating Procedures should include a defined Clearance Procedure and Equipment Clearance Standard. Such a procedure for the inspection hatch covers would ensure that appropriate steps are taken when opening the hatches, such as closing the turbine tailrace slide gate valves and the turbine stop valves. The development of Equipment Clearance Standards and a defined Clearance Procedure for the Hydroelectric Plant will prevent events such as the plant flooding from occurring in the future. CONCLUSION: Staff recommends Council accept this report and anticipates responding to any questions. Staff further anticipates returning to the Council with future updates. a.. LLI © ITEM NO. tO.a DATE: April 5, 2006 AGENDA SUMMARY REPORT SUBJECT: ANNUAL REVIEW OF THE REDWOOD BUSINESS PARK (AIRPORT INDUSTRIAL PARK) CAPITAL IMPROVEMENT FEES SUMMARY: In accordance with Government Code Section 66006, this will serve as an annual report for funds collected and interest earned during fiscal year 2004/2005 for the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees. A copy of this report was made available to the public at the Civic Center front counter on March 22, 2006. The capital improvement fees are imposed on development within the Redwood Business Park for the purpose of financing the design and construction of improvements needed to mitigate traffic impacts to three off-site intersections resulting from increased traffic generated by new development within the Business Park. The three off-site intersections are the US 101 Southbound off-ramp at Talmage Road, Talmage Road at Airport Park Boulevard, and Hastings Avenue at South State Street. The Redwood Business Park Capital Improvement Fees were established on May 7, 1997 with the adoption of Resolution No. 97-70. On May 7, 1997, the City Council also adopted Resolution No. 97-71 which provided for the immediate collection of the capital improvement fees on parcels being developed within the Redwood Business Park. Due to changed circumstances and engineering assumptions, the capital improvement fees were revised on September 1, 1999 with the adoption of Resolution No. 2000-13. The capital improvement fees per acre of developable land based on land use are as follows: Fast food restaurant- $23,069.86; Gas station/mini-mart-$36,122.91; Office/retail- $6,087.65; Retail- $7,077.77; Industrial- $2,341.91; Auto dealership - $4,998.90; Auto parts/auto care - $7,643.36. The balance of capital improvement fees in City fund 270.240.012 was $97,436.05 on (continued on page 2) RECOMMENDED ACTION: Accept the annual review of the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Attachments: Rick Seanor, Deputy Director of Public Works None. APPROVED: RJS: AG-Annual Report - AIP-CIF Fund Candace Horsley, C ager Page 2 Annual Review of the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees April 5, 2006 July 1,2004. During fiscal year 2004/2005, the fund accrued a total of $2,430.06 in interest. One deposit to the fund in the amount of $5,257.58 was posted to the account for development of the Park Falls Plaza project, APN 180-080-68. The fund balance was $105,123.69 on June 30, 2005 at the end of the 2004~2005 fiscal year. City fund 270.240.012 contains only monies received as capital improvement fees imposed on development within the Redwood Business Park. No fees from this fund were expended during fiscal year 2004~2005. There are several large parcels yet to be developed within the Redwood Business Park. As these parcels develop, capital improvement fees will be assessed. It is anticipated that the widening of Talmage Road between the southbound US 101 exit ramp and Airport Park Boulevard will begin in 2006 at an estimated cost, in 2006 dollars, of $194,723. Previously, this work was identified as two separate projects: a second left turn lane on Talmage Road at Airport Park Boulevard and the widening of Talmage Road at its intersection with the southbound US 101 exit ramp to provide a second through lane for westbound traffic. These two projects have since been combined and will be constructed under one contract. The combined project therefore costs substantially more than the previous project which would have constructed just the second left turn lane. In addition, construction costs have increased for certain contract items such as asphalt concrete pavement and concrete. Additional funds will be needed to proceed with this project. Likely sources to fund the shortfall are STP d(1), gas tax, and/or the City general fund. There were no loans nor inter-fund transfers made from the fund during fiscal year 2004/2005. To date, sufficient funds have not been collected to construct the mitigation projects specified under this program, therefore no refunds were made as a result of having collected sufficient funds and failing to specify a date when the project construction will be commenced. RECOMMENDATION: Staff recommends that the Council accept this annual report. AGENDA ITEM NO: 10.b MEETING DATE: April 5, 2006 SUMMARY REPORT SUBJECT: AUTHORIZE CITY MANAGER TO NEGOTIATE AND SIGN CONTRACT FOR FIVE-YEAR MASTER MICROSOFT SERVER AND PC SOFTWARE LICENSE AND COMPLETE PURCHASE OF NEW E-MAIL SYSTEM The City currently has PC's and Servers running many different versions of Microsoft operating systems, which were the current versions at time of the hardware purchases. Users also have many versions and configurations of the applications software that runs under these operating systems to do their daily work. Since at least last year the information Services Department has identified this maze of software as a major roadblock to efficient, safe, cost-effective operations and a major complication in the installation of new servers, superior virus protection and system- wide backups. The problem has come to a head as work began on preparing for a new e-mail system based on Microsoft Exchange Server software. The current version of this sOftware was not compatible with older software running on some City hardware. In addition, Microsoft recently announced that as of July 11, 2006 they will no longer provide extended technical support for any version of Windows 98 software, including security updates for that product after that date. The City still has approximately 25 computers using Windows 98 operating systems, which will now be increasingly vulnerable to hacking, viruses and compatibility issues. (continued on page 2) RECOMMENDED ACTION: Authorize City Manager to negotiate and sign contract for five-year master software license and complete purchase of new exchange e- mail system. ALTERNATIVE COUNCIL POLICY OPTIONS: Provide staff with alternative direction. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Steven Butler, Information Services Supervisor Mike McCann, Finance Director Candace Horsley, City Manager Approved: l~~ ~~~~ Candace Horsley, C~ Manager Staff has researched the software marketplace for more effective approaches to operating system management and believes that the best solution is to enter into a Microsoft Enterprise Agreement consolidating all our standard server and PC operating and application software under one contract. This Agreement includes all the software we'need to install Exchange E-Mail on our network server and individual workstations. This is the software we have been working towards to allow remote access, greatly enhanced security and the flexibility to better serve the public through e-mail communications. At the beginning of the year, $35,000 had been budgeted for just e-mail software and hardware. Now with this Agreement we can get the e-mail and everything else for same first-year cost. Background In reviewing options open to us, the best choice appeared to be moving to a master license contract. Under this concept the City contracts for the rights to use a specified number of copies of all the software needed for our applications, in a single purchase. This approach has numerous advantages compared to purchasing software piecemeal with hardware as it is replaced or a need is identified: , The cost of replacing a desktop system is reduced to just the hardware, a savings of $624 per purchase. Currently each computer the city purchases includes charges for OEM (Original Equipment Manufacturer) software. This adds $279.95 for the Operating System (currently Windows XP Professional- OEM version) and an additional $299.00 for the desktop productivity suite (currently Microsoft Office Professional 2003- OEM version) to each computer we purchase, plus tax. . Software can be pre-configured and installed on new PC's at the factory, saving City IS staff significant time in the installation and setup of replacement PC's. Currently IS staff needs 8 -10 hours of labor to replace obsolete or failed computers. In addition the tools provided by the Master agreement allow IS staff to migrate users, their files and settings to new PCs easily. This reduces end user confusion and allows the employee to effectively use their new system quickly. , City has full rights to all version upgrades for life of contract so that all users will be kept current. This will allow us to maintain a consistent platform moving forward with newly released advances designed to protect the computer systems utilized at the city. , License paperwork and disks for each PC are no longer used, simplifying maintenance and recovery from crashes. Instead of loading software back onto a PC from the original installation CD's, entering OEM code-keys and stepping through an installation process at the user's desk, IS staff will download the Master Software Contract Page 2 of 4 March 15, 2006 software from a central network drive utilizing the single license which will be valid for all the city's computers. o Software can be centrally managed across the network from a PC at the IS office. This not only simplifies maintenance but allows a consistent software configuration to be placed on all computers. , PCs become centrally managed reducing support as users have less ability to damage their systems. This is accomplished by leveraging policies available in software licensed under the Microsoft Agreement. This feature is not available in the OEM software we use today. o Computer training for users becomes more cost effective as the computer environment is consistent across all PCs. This allows the training we perform to be accurate and directly applied to the computer the user will use in their work. Currently with the various versions of software on the computers training is confusing as the menus in the software vary from version to version. This leads to confusion and additional support issues. o Networked software provides "self-healing" capabilities not found in pre-installed OEM versions. With networked software, should files become lost or corrupted, the applications automatically contact the central software file and download the necessary components without manual intervention. In addition, when users perform new functions (i.e. mail merge or data conversions) with their software, the new functions are automatically installed without the need to have IS staff bring disks and install the new features manually. , New server software provides user self support capabilities for lost and deleted files. Shared folders under the current server software employ Shadow Copy, a facility that allows users to request previous versions of files even if they were overwritten or damaged without the help of IS personnel. 10. The Microsoft vendor provides enhanced enterprise support to the IS team. This includes online technical tools, dedicated support phones for Enterprise Agreement customers and specialized software available only to EA clients. 11. Employees can use authorized copies of the software on their home PC's to enable them to work off-site as well as become proficient with the software they use on the job. (This feature was disallowed on individual purchases by Microsoft about five years ago.) 12. Employees have access to online self paced training courses for Microsoft software. These tutorials can be accessed from home as well as the office enabling the employees to become proficient with the software they use for their jobs at their own pace. Master Software Contract Page 3 of 4 March 15, 2006 13. Employees can purchase Microsoft software at significant discounts. This can be considered a marketable employee benefit and increases employee satisfaction while also familiarizing employees with the standard Microsoft working environment. Staff developed a RFP requesting bids from authorized Microsoft Enterprise Agreement partners with both three and five year contract options. One Microsoft authorized vendor for this area has given us a proposal with five and three year options at maximum of $33,955 or $41,565 per year. In our current environment we are spending $24,960 a year on OEM software (40 new units/yr times $624 for each copy of OEM operating system and desktop software) and at least $11,200.00 in additional IS labor costs (8 hours of IS standard labor costs per unit replaced) per year. This $36,160 does not include the additional savings the city will realize in achieving a stable, centralized environment and better training situation. Nor does it count the value of the entire suite of server software upgrades included in the Agreement. Beyond direct financial savings the avoidance of loss through accidental means or malicious loss from having a non-securable infrastructure protect the city from business disruption and potential liability risk exposures (exposure of private citizen information, loss of irreplaceable data). Recommended Action Staff recommends the Council authorize the City Manager to negotiate and sign a five year contract for a master Microsoft Server and PC Software License, and complete the purchase of a new e-mail system. The current budget includes $35,000 to replace and upgrade the City's e-mail system in account 100.1965.800.000. Staff recommends that those funds be utilized to complete this contract, producing immediate benefits by lowering the cost of PC replacements already budgeted and planned for this year. An additional $9,000 was included in this budget line for replacement of other file servers and staff recommends that these funds be combined with the direct cost savings generated by this contract to complete the purchase of the e-mail system hardware. For each of the next four years staff recommends that the annual Agreement payment be included in the IS Department budget expenditures and reimbursable credit accounts, having the effect of charging enterprise funds 60% of the cost of the contract. As this Agreement will continue to save $624, plus IS labor for every PC replaced over the life of the contract, the net cost will be greatly reduced to all departments. Master Software Contract Page 4 of 4 March 15, 2006 AGENDA ITEM NO: 10.c MEETING DATE: April 5, 2006 SUMMARY REPORT SUB3ECT: ADOPT[ON OF RESOLUTION OF THE UK~H CTTY COUNCIL APPROV]:NG THE DISSOLUTION OF THE MENDOC[NO EMERGENCY SERV]:CES AUTHOR.rI'Y Overview: In 1996, the cities of Ukiah, Fort Bragg, Willits, Point Arena and the County of Mendocino formulated a .]PA for the Mendocino Emergency Services Authority (IVlESA) to provide the jurisdictions with a variety of non-response related services. The County of Mendocino had previously provided services countywide, however; the cities felt that a more specific action plan was needed to cover all the requirements that were coming from the State for each jurisdiction to implement. The desired outcomes included developing Emergency Plans and annexes, coordinating training in the Standardized Emergency Management System, Emergency Operation Center procedures, applying for grants, reviewing and updating emergency ordinances, preparing and presenting educational programs, serving as an advisor on Emergency Preparedness, assisting neighborhoods with emergency preparedness training and making recommendations on communication needs. In the last ten years, IVlESA has fulfilled many of these services for the agencies and also provided a communication forum to share information, needs and training opportunities. RECOMMENDED ACTION: Approval of Resolution of the City of Ukiah City Council Approving the Dissolution of the Mendocino Emergency Services Authority ALTERNATIVE COUNCIL POLICY OPTIONS: Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: #1 #2: MESA Commission Candace Horsley, City Manager MESA Commission Resolution Adopting the Dissolution of MESA Draft Ordinance amending the Mendocino County Code of Emergency Organization and Functions Approved: Candace Horsley, City'~anager ]:n 2005, the long term MESA Manager retired from the organization. The jurisdictions determined that the MESA organization had fulfilled its mission and agreed that it made more sense for these services to once again be administered through the County of Mendocino. ]:t has taken over a year for the Commission to negotiate and agree on the services that will continue to be provided to the cities by the County. A draft Ordinance amending the Mendocino County Code of Emergency Organization and Functions has been tentatively agreed upon between the agencies representatives and is attached for Council's review. There are many differences between the duties and responsibilities for the Emergency Services Office required through this Ordinance, as compared to the pre-1996 scope of services. ]:ncluded in the draft Ordinance, are provisions for a Disaster Council membership and an Emergency Services Standing Committee which consists of the Director of Emergency Services, the Emergency Services Coordinator, and the City Manager's of the incorporated cities. The Standing Committee's powers and duties include providing input on the duties and services of the Emergency Services Coordinator, which covers services to the cities, selection and performance review of the Coordinator, acquisition and disposal of various kinds of property, coordination and oversight of other services which may be improved through consolidation of efforts such as hazardous incidents response and emergency communications and the emergency services budget. The Standing Committee will ensure that the services desired by the cities continue to be provided along with forum for continual communication, input and feedback. On February 13, 2006, the MESA Commission created a Transition Team consisting of members from each of the cities, Public Safety members, a non-voting member which consists of a County EMS representative, the l:nterim Emergency Services Coordinator, Fire Chiefs Association member and a member from the County's Executive Office. The Team will discuss how to inventory and value any remaining MESA-owned equipment, review of Trust Accounts and distribution of any funds that remain in the MESA account as well as identification and recommendation of continuation of MESA programs, plans and grant management. The timeline the County Executive Office has scheduled for the transition to be completed, including the hiring of a new Mendocino County OES Coordinator, is .luly l, 2006. Conclusion: The Cities of Willits and Fort Bragg and the County of Mendocino have approved the dissolution of MESA. ]:n recognition of the need for this transition, staff is recommending approval of the attached Resolution to approve the dissolution. Attached for Council's review and discussion, is a copy of the draft Ordinance that would be adopted by the County. ATTACHMENT,, , I ,,, RESOLUTION NO. 2006 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE DISSOLUTION OF THE MENDOCINO EMERGENCY SERVICES AUTHORITY WHEREAS, the Mendocino County Board of Supervisors created a Joint Powers Authority (JPA) creating the Mendocino Emergency Services Authority (MESA) in 1996; and WHEREAS, the Ukiah City Council approved and authorized the Mayor to sign the JPA creating MESA; and WHEREAS, on February 13, 2006, the MESA Commission voted unanimously to dissolve the JPA and transfer all responsibilities to the County of Mendocino effective July 1, 2006; and WHEREAS, approval is required on the governing boards of each member City and the County of Mendocino to dissolve MESA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah does hereby approve the dissolution of the Mendocino Emergency Services Authority. Passed and Adopted on April 5, 2006 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Hark Ashiku, Mayor Marie Ulvila, City Clerk Attachment ORDINANCE NO. ORDINANCE AMENDING CHAPTERS 7.04, 7.08, 7.12 AND 7.16 OF TITLE 7 OF THE MENDOCINO COUNTY CODE - EMERGENCY ORGANIZATION AND FUNCTIONS The Board of Supervisors of the County of Mendocino ordains as follows: Chapters 7.04, 7.08, 7.12 and 7.16 of Title 7 of the Mendocino County Code are replaced in their entirety. Chapter 7.04 is added to Title 7 of the Mendocino County Code to read as follows: Chapter 7.04 Emergency Organization and Functions Section 7.04.010 Purpose. The declared purposes of this ordinance are to provide for the preparation and carrying out of plans for the protection of persons and property within this county in the event of an emergency; establish the Mendocino County Operational Area; define the emergency organization; and coordinate the emergency functions of this county with all other public agencies, corporations, organizations, and affected private persons. Furthermore this ordinance establishes the State's Standardized Emergency Management System (SEMS) and the Federal Government's National Incident Management System (NIMS) as the means of effectively preparing for and responding to emergencies in Mendocino County. Section 7.04.020 Definitions (A) "Emergency" includes a "state of war emergency," "state of emergency" and "local emergency." (1) (2) "State of war emergency" means the condition, which exists immediately, with or without a proclamation thereof by the governor, whenever this state or nation is attacked by an enemy of the United States, or upon receipt by the state of a warning from the federal government indicating that such an enemy attack is probable or imminent. "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, Page 1 of 9 (B) (c) (D) or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. (3) "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission. "Operational Area" means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area. "Director" means the Director of Emergency Services for the County of Mendocino. "Emergency Organization" means all officers and employees of the County, together with those disaster service volunteers registered and enrolled to aid them during an emergency, and all groups, organizations, and persons who, by agreement or operational support by law, may be impressed into service under provisions of California law. Section 7.04.030 Operational Area Created The Mendocino County Operational Area is hereby created and shall consist of the county and all political subdivisions within the county area, to include Cities, Special Districts and School Districts. All jurisdictions within the Operational Area shall provide the Director with current emergency contact information at least annually, or when there are changes, whichever is more frequent. Section 7.04.040 (A) (B) (c) Director, Assistant Director and Emergency Services Coordinator There is hereby created the office of Director of Emergency Services. The Chief Executive Officer is hereby designated the Director of Emergency Services for the Mendocino County Operational Area. There is hereby created the office of Assistant Director of Emergency Services. The Mendocino County Sheriff is hereby designated the Assistant Director of Emergency Services for the Mendocino County Operational Area. There is hereby created the position of Emergency Services Coordinator for the County of Mendocino and the Mendocino County Operational Area. The Emergency Services Coordinator shall be an employee of the Mendocino County Executive Office selected by and under the direction and control of the Chief Executive Officer. Page 2 of 9 Section 7.04.050 (A) Powers and Duties of Director and Assistant Director of Emergency Services The Director is hereby empowered to do the following: (1) Request the Board of Supervisors to proclaim the existence or threatened existence of a "local emergency" if the Board of Supervisors is in session, or to issue such proclamation if the Board is not in session. Whenever the Director proclaims a local emergency, the Board of Supervisors shall take action to ratify the proclamation within seven (7) days thereafter or the proclamation shall have no further force or effect. (2) Request the Governor proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. (3) Control and direct the efforts of the emergency organization of the County for the accomplishment of the purposes of this chapter. (4) Direct cooperation between and coordination of services and staff of the emergency organization of this county; and resolve questions of authority and responsibility that may arise between them. (5) Represent this county in all dealings with public or private agencies on matters pertaining to emergencies as defined herein. (6) Provide representation on the Disaster Councils for the incorporated cities of Fort Bragg, Point Arena, Ukiah and Willits. (7) Provide designated space in the County's Emergency Operations Center for the incorporated cities of Fort Bragg, Point Arena, Ukiah and Willits. (8) In the event of the proclamation of a "local emergency" as herein provided, a "state of emergency" or a "state of war emergency," the Director is hereby empowered to do the following: a. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations much be confirmed at the earliest practical time by the Board of Supervisors; b. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the county for the fair value thereof and, if required immediately, to commandeer the same for public use; c. Require emergency services of any county officer or employee and, in the event of the proclamation of a "state" emergency", to command the aid of as many citizens of this county as the Director deems necessary in the execution of his or her duties. Such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers; d. Requisition necessary personnel or material of any county department or agency; e. Order mandatory evacuations and/or order and execute quarantine operations for the purposes of saving and protecting life. Page 3 of 9 Execute all ordinary powers of County Executive Officer conferred by statute, ordinance, the Board of Supervisors or other lawful authority. (B) (c) The Assistant Director shall serve as the Director in the event the Director is unavailable to perform his or her duties. The Director and Assistant Director shall jointly develop an order of succession to the Director's office to take effect in the event that both the Director and Assistant Director are unavailable. Section 7.04.060 Powers and Duties of the Emergency Services Coordinator (A) Develop and maintain required emergency plans and annexes and submit such plans to the Director. (B) Coordinate or provide required training in the Standardized Emergency Management System (SEMS), National Incident Management System (NIMS), Incident Command System (ICS), Emergency Operation Center (EOC), and such other training as may be required pursuant to state or federal statute, rule or regulation. (C) Research, apply for and administer emergency services and homeland security grants. (D) Review and recommend updates or modifications to emergency ordinances, plans, annexes, policies, procedures or training curricula pursuant to changes in state or federal laws, rules or regulations. (E) Prepare and present educational programs, or coordinate delivery of same, to members of the emergency organization and the community. (F) Gather and disseminate information on training related to emergency planning, preparation, response and recovery. (G) Serve as advisor, respond to questions, and give expertise on emergency preparedness matters, respond to questions and give expertise on emergency preparedness matters from public agencies and the public. (H) Assist in the collection of data on public and private resources within the area that could be used in the event of a disaster. Assist the public agencies in applying for and coordinating disaster assistance, which may be provided by federal and/or state agencies. (I) When requested, make recommendations concerning the coordination of communication needs of the agencies and/or emergency service providers. (J) Assist in the coordination of volunteer efforts in regard to disaster planning, preparation and recovery that are not administered by another organization. Provide liaison services to volunteer organizations countywide (K) Coordinate and assist in the design, execution and evaluation of emergency preparedness exercises. (L) Maintain, or cause to be maintained, and regularly test the Response Information Management System (RIMS), Operational Area Satellite Information System (OASIS), Emergency Digital Information System (EDIS) and such other established systems as may be used to communicate between the operational area and the State of California. Page 4 of 9 (M) (N) (o) Provide copies of plans, annexes, ordinances policies and procedures as they are adopted or amended to each of the cities within the operational area. Provide any or all of the services listed in this section to the cities of Fort Bragg, Point Arena, Ukiah and Willits subject to written agreement executed by and between the County and the City or Cities. Serve as the primary Emergency Services Coordinator for the cities of Fort Bragg, Point Arena, Ukiah and Willits, if requested. Section 7.04.070 Disaster Council Membership The Mendocino County Disaster Council is hereby created and shall consist of the following: (A) (B) (C) (D) (E) (F) (G) (H) (I) (J) The Director of Emergency Services, who shall serve as Chair; The Assistant Director of Emergency Services, who shall serve as vice-chair; The Emergency Services Coordinator, who shall serve as secretary. Police Chiefs of the incorporated cities of Fort Bragg, Ukiah and Willits; City Managers of the incorporated cities of Fort Bragg, Point Arena, Ukiah and Willits (or their designee); The County Fire Warden; One Fire Chief selected by the Mendocino County Fire Chief's Association; Fire Chiefs of the incorporated cities of Fort Bragg, Ukiah and Willits; The County Public Health Director; The County Board of Supervisors may appoint such representatives of civic, business, labor, veterans, professional, or other organizations having an official emergency responsibility. Section 7.04.080 Disaster Council Powers and Duties It shall be the duty of the Mendocino County Disaster Council, and it is hereby empowered, to recommend for adoption by the County Board of Supervisors, emergency and mutual aid plans and agreements, and such ordinances, resolutions, rules and regulations as are necessary to implement such plans and agreements. The Disaster Council may refer items to the Emergency Services Standing Committee for consideration. The Disaster Council shall meet twice per year. Section 7.04.090 Emergency Services Standing Committee Membership The Mendocino County Emergency Services Standing Committee is hereby created and shall consist of the following: (A) (B) (c) The Director of Emergency Services, who shall serve as Chair and a non-voting member; and The Emergency Services Coordinator, who shall serve as secretary and a non- voting member; and City Managers (or their designee) of the incorporated cities of Fort Bragg, Point Arena, Ukiah and Willits. Page 5 of 9 Section 7.04.100 Emergency Services Standing Committee Powers and Duties It shall be the duty of the Mendocino County Emergency Services Standing Committee, and it is hereby empowered, to provide input to the Board of Supervisors and Director of Emergency Services on the following: (A) The duties and services of the Emergency Services Coordinator as listed under Section 7.04.060 and any proposed changes thereto (B) The selection and performance review of the Emergency Services Coordinator (C) Acquisition and disposal of various kinds of property attributable to emergency services; (D) Coordination and oversight of other services which may be improved through consolidation of effort, such as hazardous incident response and emergency communications; and (E) The Emergency Services Office Budget. The Emergency Services Standing Committee may be given special assignments by the Disaster Council for consideration. The Emergency Services Director shall bring any approved items to the Mendocino County Board of Supervisors for final adoption if necessary. The Emergency Services Council shall meet on a quarterly basis or as the need arises. Section 7.04.110 Local Proclamation of Emergency (A) Whenever an official designated by this ordinance proclaims a local emergency, the local emergency shall not remain in effect for a period in excess of seven days unless the Board of Supervisors has ratified it. (B) The Board of Supervisors shall review, at its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. However in no event shall a review take place more than 14 days after the previous review. (C) The Board of Supervisors shall proclaim the termination of the local emergency at the earliest possible date the conditions warrant. Section 7.04.120 Legality of Initial Emergency Measures All emergency measures taken by the Director of Emergency Services prior to the issuance of an official proclamation of emergency, or prior to any decision of the Board of Supervisors not to issue such proclamation, shall be legal and binding upon the County. Section 7.04.130 Emergency Operations Plan The Director of Emergency Services shall be responsible for the development of the County of Mendocino emergency operation plan. (A) (B) All emergency plans and procedures shall utilize the Standardized Emergency Management System (SEMS) and National Incident Management System (NIMS). The goal of the emergency operations plan is to provide for the effective mobilization of all of the resources of the County, both public and private, to meet Page 6 of 9 (c) (D) (E) any condition constituting a local emergency, state of emergency, state of war emergency, or national emergency. The emergency operations plan shall address the following: (1) Continuity of government, (2) Mobilization of resources, (3) Mutual aid, (4) Public information (5) The principles and methods to be applied in carrying out emergency operations for rendering mutual aid during emergencies (6) The organization, powers and duties, services, and staff of the emergency organization. Said plan shall take effect upon adoption by the Board of Supervisors. Said plan may be revised from time to time as deemed necessary by the Director. Section 7.04.140 Continuity of Government (A) In the event of a proclamation of local emergency, state of emergency, state of war emergency, or national emergency, when fewer than a quorum of the County Board of Supervisors is available, the Board of Supervisors shall proceed to reconstitute itself by filling vacancies until there are sufficient members to form a quorum as required by law, pursuant to Government Code Section 8635 et. seq. (B) In the event a Board member becomes available after a period of being unavailable, that Board member shall resume his/her office. (C) Emergency appointments to the Mendocino County Board of Supervisors as authorized herein shall be temporary, and shall last only until such time as either an elected Board member becomes available, or a special election may be held. (D) In the event the Chief Executive Officer is or becomes unavailable, or if the office is vacant, the ordinary duties of Chief Executive Officer shall be temporarily discharged by the Chief Operating Officer, or by the Deputy Executive Officer next in authority. (1) This shall not affect the succession to the office of Director of Emergency Services, as specified in Section 7.04.050. (2) If the Chief Executive Officer becomes available, he/she shall resume the office of Chief Executive Officer and Director of Emergency Services. (E) In the event the Sheriff is or becomes unavailable, the duties of the office shall be discharged by the Undersheriff, or if that position is vacant or the incumbent is unavailable, by the senior ranking officer next in line of authority. Section 7.04.150 Expenditures Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the County of Mendocino. Section 7.04.160 Emergency Services Joint Powers Agreement Participation The Mendocino County Board of Supervisors may participate in an emergency services joint powers agreement with any other jurisdiction(s) in Mendocino County, to include cities, special districts, or other public agencies. Page 7 of 9 Section 7.04.170 (A) (B) (c) Punishment of Violations / Acts Prohibited During Emergencies Any person who violates any of the provisions of this chapter or who refuses or willfully neglects to obey any lawful order or regulation promulgated or issued as provided in this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not to exceed One Thousand Dollars ($1,000) or by imprisonment for not to exceed six months or by such fine and imprisonment. This section is not intended to conflict with any state or federal laws or penalties governing the same or similar conduct. To the extent such a conflict does occur, the state or federal provisions shall prevail. Beginning on the date the existence of a major emergency or disaster is declared by the Director of Emergency Services, and/or the Board of Supervisors, and ending 180 days after that date, and within the area to which the declaration applies, no person, contractor, business or other entity during an emergency shall: (1) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter or in the performance of any duty imposed upon him/her by virtue of this chapter. (2) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if the act is of such a nature as to give or be likely to give assistance to the enemy, during a State of War emergency, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder, or delay the defense or protection thereof. (3) Wear, carry, or display, without authority, any means of identification specified by any emergency service agency of the State of California, the County of Mendocino, any special district, or any city in the County of Mendocino. (4) Sell or offer to sell, any consumer food items, repair or reconstruction service, emergency or medical supplies or gasoline for an amount which is ten (10) or more percent greater than the price charged by a person, contractor, business or other entity for said goods or services immediately prior to the proclamation of emergency, unless said person, business, contractor or other entity can prove that the increase was directly attributable to additional costs imposed on it by the supplier of the goods or for labor and materials used to provide the service. (5) Buy, sell, remove, deface, cover, hide, destroy, or tamper with any sign, tag or placard posted by a member of the County emergency organization on a building or structure damaged by a disaster. (6) Post any sign, tag or placard not authorized by the county organization on a building or structure damaged by a disaster. (7) For purposes of this subsection, the following definitions shall apply: Page 8 of 9 (a) (b) (c) (d) A consumer food item is any article, which is used or intended for use for food, drink, confection or condiment by humans or animals except for alcoholic beverages. Repair or reconstruction services are those contractor services for repairs to residential and commercial property of any type, which are damaged as a result of the disaster. This includes the removal of debris (including a damaged tree) and garbage. Emergency supplies shall include, but are not limited to water, flashlights, radios, batteries, blankets, soaps and diapers. Medical supplies shall include but are not limited to prescription and non-prescription drugs, bandages, gauzes and disinfectants. Section 7.04.180 Effective Date of this Ordinance. The effective date of this Ordinance shall be July 1,2006. PASSED AND ADOPTED by the Board of Supervisors of the County of Mendocino, State of California, on this day of 2006, by the following roll call vote: AYES: NOES: ABSENT: WHEREUPON, the Chairman declared the Ordinance passed and adopted and SO ORDERED. ATTEST: KRISTI FURMAN Clerk of Said Board Chairman, Board of Supervisors By: Deputy APPROVED AS TO FORM: Jeanine Nadel, County Counsel By: Page 9 of 9 AGENDA ITEM NO: 10d MEETING DATE: April 5, 2006 SUMMARY REPORT SUBJECT: Discussion of Various Water Tssues Including Trout Unlimited Petition Meetings and the Mendocino County Water Agency Proposed Groundwater Study The following discussion is to provide Council an update on various water issues that pertain to the Mendocino County and Ukiah Valley area that Staff believes are important topics for the Council to be informed on and to discuss. Trout Unlimited Petition: Tn Feb 2004, the State Legislature passed AB 2121 (Attachment 1). This was in response to the fact that the State Water Resources Control Board (Board), which is responsible for the administration of water rights, had pending before the Board over 276 applications for appropriated water from streams in the counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. Many of these applications had been pending for over a decade. The concern expressed by both water rights applicants and fish advocates was that the delays in processing caused unauthorized pond development and subsequent releases of water that most likely caused harm to fish populations. Many of the applications were for agricultural pond development to store winter runoff. Trout Unlimited concerns centered on the fact that without a permit, regulations for flow levels and release timing from the ponds were not being followed. AB 2121 requires that before 3anuary 1, 2007, the Board would adopt principals and guidelines for maintaining instream flows in the coastal streams. Tn October 2004, RECOMMENDED ACTION: Discuss and provide direction. ALTERNATIVE COUNCIL POLICY OPTIONS: Prepared by: Attachments: Candace Horsley, City Manager 1. AB 2121 2. Trout Unlimited Petition 3. Draft MCWA groundwater plan 4. Memo from Bob Wagner Approved: ' ~ .... Candace Horsley, City Ma~nager Trout Unlimited and the Peregrine Chapter of the National Audubon Society prepared a petition for timely and effective regulation of new water diversions in the Central Coast streams (Attachment 2) which lists their concerns and claims to the Board. In an attempt to begin working on guidelines that the Water Resources Board, other Federal and State Agencies and fish advocates groups could agree on, a group meeting was formulated by a member of the Board and Randy Poole, Manager of Sonoma County Water Agency (SCWA). The steering committee consists of representatives from the Department of Fish and Game, Trout Unlimited, SCWA, NOM Fisheries, and two Agricultural representatives. Since these discussions could have major impacts on farmers and water holders in Mendocino County, there was discussion at a recent Mendocino County Water Agency (MCWA) meeting about the need for representation on one of the stakeholder subcommittees for this process. Roland Sanford, MCWA Manager, and a representative from the Farm Bureau had been invited to attend the subcommittee meetings. There was concern expressed by participants at the MCWA meeting that this selection did not adequately represent the diverse interests in the County. However, the various agencies and the fish advocate groups that are on the steering committee are meeting of their own volition in an attempt to come to some sort of agreement on the various issues contained under the mandates of AB 2121 and the Trout Unlimited Petition. Staff would be concerned that if a variety of separate interests demanded to be part of this process it could unravel very quickly. Having a large number of people in a meeting can extend the timeline tremendously. An alternative is to have Mr. Sanford attend the meetings on our behalf and then hold local' meetings to inform the interested parties as to what occurred and to receive local input. Staff is bringing this issue to Council for discussion to determine if the Council agrees with letting Roland Sanford be our representative or if there is another action that Council would rather take. MCWA Proposal for a Groundwater Study: At the March MONA meeting, Roland Sanford submitted a draft proposal for funding of a County groundwater study (Attachment 3). Mr. Sanford's proposal suggests that the 1986 USGS investigation study of Ukiah Valley groundwater resources be updated to provide a current assessment of these resources. Specific work tasks would include compilation of existing data collected through a variety of studies and previous data collection. Though Mr. Sanford will be recommending $100,000 be funding through the MCWA next year, he is also asking for additional participation of either funding or data information from other interested local parties in the Ukiah Valley. Tt will take approximately two or more years for the MCWA study to be completed. Council Member McCowen suggested this item be brought to the City Council for discussion to see how it may coordinate with our own groundwater investigation and well siting study. Mr. Sanford has reviewed the scope of work for the City's well siting study and believes our study is much more specific than what his agencies study would require or provide. Due to the fact we are required to insure an adequate flow during peak demand by the State, we would recommend going forward with our well siting study but then participating in MCWA's study by providing the results of our data for their report. Hydrologist consultant, Bob Wagner, has also reviewed both the proposed ground water study and the well siting scope of work and his opinion is attached (Attachment 4). AB 2121 Assembly Bill - CHAPTERED Page 1 of 2 BILL NUMBER: AB 2121 BILL TEXT CHAPTERED Attachment #_ / CHAPTER 943 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004 APPROVED BY GOVERNOR SEPTEMBER 29, 2004 PASSED THE ASSEMBLY AUGUST 28, 2004 PASSED THE SENATE AUGUST 25, 2004 AMENDED IN SENATE AUGUST 23, 2004 AMENDED IN SENATE JULY 27, 2004 INTRODUCED BY Committee on Budget FEBRUARY 18, 2004 An act to add Sections 1259.2 and 1259.4 to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 2121, Committee on Budget. Water resources. Under existing law, the State Water Resources Control Board is responsible for the administration of water rights. This bill would require the board to prepare annually a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt, and would require certain information to be included in that summary. The bill would authorize the board to post that information on its Web site. The bill would require the board, on or before January 1, 2007, to adopt principles and guidelines for maintaining instream flows in certain streams in accordance with state policy for water quality control, for the purposes of water right administration, and would authorize the board to adopt principles and guidelines for maintaining instream flows in other streams for those purposes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) In 1997, the State Water Resources Control Board prepared a staff report that broadly analyzed water right permit matters relating to the Russian River basin. (b) From 1997 to 2002, the board, the Department of Fish and Game, the National Marine Fisheries Service, and Trout Unlimited debated the necessary flow requirements, and other biological and fish-related conditions that are appropriate for inclusion in water right permits. (c) In June 2002, state and federal fish agencies released their updated "Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams." These joint guidelines represent the first time state and federal fish agencies presented to the board specific fish measures in guideline format that are the minimum necessary conditions to preserve a level of stream flow that ensures that anadromous salmonids will not be adversely impacted by diversions. (d) The board has not formally adopted the management objectives http://www.leginfo.ca.gov./pub/03-04/bill/asm/ab_2101-2150/ab_212 l_bill_20040930_ch... 3/15/2006 AB 2121 Assembly Bill - CHAPTERED Page 2 of 2 set forth in those joint guidelines, even though the adoption would significantly advance the effort to ensure that appropriate fish measures are included in new water right permits and that cumulative impacts are considered. (e) The adoption of these joint guidelines is necessary for the protection of fishery resources even if these guidelines are required to be amended from time to time. (f) Pending before the board are more than 276 applications to appropriate water from streams in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. (g) Many of these applications have been pending for a decade. Most of these applications have been pending for at least five years. These delays are inappropriate, and they produce regulatory uncertainty for the water user community and the conservation and fishing communities. All interested stakeholders would benefit if information was available with regard to these applications to appropriate water, including, but not limited to, the number of pending applications, the proposed source of water for each application, and the status of each application. SEC. 2. Section 1259.2 is added to the Water Code, to read: 1259.2. (a) The board shall~annually prepare a written summary, in chart form, of pending applications to appropriate water in the Counties of Marin, Napa, Sonoma, Mendocino, and Humboldt. The summary shall include a description of the status of each pending application, the actions taken in the preceding year, proposed actions for the upcoming year, and the proposed date for final action with regard to that application. (b) For the purposes of carrying out subdivision (a), the board may post the information described in subdivision (a) on its Web site. SEC. 3. Section 1259.4 is added to the Water Code, to read: 1259.4. (a) (1) On or before January 1, 2007, the board shall adopt principles and guidelines for maintaining instream flows in coastal streams from the Mattole River to San Francisco and in coastal streams entering northern San Pablo Bay, in accordance with state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration. (2) The board may adopt principles and guidelines for maintaining instream flows not described in paragraph (1), in accordance with state policy for water quality control adopted pursuant to Article 3 (commencing with Section 13140) of Chapter 3 of Division 7, for the purposes of water right administration. (b) Prior to the adoption of principles and guidelines pursuant to subdivision (a), the board may consider the 2002 "Guidelines for Maintaining Instream Flows to Protect Fisheries Resources Downstream of Water Diversions in Mid-California Coastal Streams" for the purposes of water right administration. http://www.leginfo.ca.gov./pub/03-04/bill/asm/ab_2101-2150/ab_212 l_bill_20040930_ch... 3/15/2006 Attachment # TROUT UNLIMITED AND THE PEREGRINE CHAPTER OF THE NATIONAL AUDUBON SOCIETY'S PETITION FOR TIMELY AND EFFECTIVE REGULATION OF NEW WATER DIVERSIONS IN CENTRAL COAST STREAMS Summary of Trout Unlimited Claims Ae Claims Running to Ail State Agencies: 1) The State Agencies have not protected the Public Trust Uses of the Central coast streams against unauthorized diversions 2) The State Agencies have not adopted adequate procedures for coordinated environmental review of water right permit and related applications Claims Running to State Water Board:. 3) State Water Board does not have an adequate procedure to assure timely action on water right permit applications 4) The State Water Board does not have an adequate procedure for consultation with responsible agencies in the preparation of the environmental document for its action on a permit application 5) The State Water Board improperly exempts small domestic water uses and stock ponds from environmental review of cumulative impacts 6) State Water Board does not have guidelines adequate to determine the existing diversions from Central Coast streams 7) The State Water Board does not have guidelines adequate to establish permit conditions which protect and restore Coho and Steelhead fisheries in good condition 8) The State Water Board does not have guidelines adequate to establish permit conditions for mitigation monitoring and reporting 9) The State Water Board does not take adequate enforcement actions to prevent or correct unauthorized diversions C. Claims Running to Department ofFish and Game 10) DFG does not have an adequate procedure for consultation with the State Water Board in the environmental review under Fish and Game Code Sections 1603, 5901, 5930, 5937 and 6100 11) DFG does not have an adequate procedure to monitor approvals under Fish and Game Code Sections 1603 et. al. 12) DFG does not take adequate enforcement actions under Fish and Game Code Sections 1603 et. al. D. Claims Running to State. Lands Commission 13) State Lands Commission has not complied with its mandatory duty to complete a survey of ungranted submerged lands 14) The State Lands Commission does not take adequate enforcement actions under Public Resources Code Sections 6301 et. al. E. Claims Running to Counties 15) Humboldt, Mendocino, and Sonoma Counties improperly exempt ponds and grading permits from CEQA Review 16) Each County named in this Petition does not have adequate procedures for the participation of other public agencies in the approval of pond exemptions or grading permits Attachment DRAFT Concept Plan Groundwater Investigation for the Greater Ukiah Valley Problem Statement Previous studies by the United States Geological Survey (USGS) in .... and 1986 have documented the presence of economically significant groundwater resources in the greater Ukiah Valley. In 1986 the USGS estimated that collectively the underlying groundwater aquifers in the greater Ukiah Valley held approximately 90,000 acre-feet of water, and that the underlying aquifers were typically fully recharged at the conclusion of each "wet" and even a so-called "normal" rainfall year. The USGS, in 1986, reported that precipitation was the principal source of recharge, but also noted that there were locations within the study area, particularly within a few hundred yards of the Russian River, where groundwater elevations were consistently correlated - almost on a real-time basis - with the prevailing stream flow rates in the Russian River. These latter observations lead to the conclusion that in some areas of the greater Ukiah Valley the so- called "groundwater" is actually "underflow". More recently, the State Water Resources Control Board (SWRCB) has asserted that essentially all of the groundwater in the greater Ukiah Valley is underflow and therefore subject to their regulatory jurisdiction. Although not well documented, it is believed that "groundwater" currently provides a significant portion of the total water consumptively used in the greater Ukiah Valley. Given the apparent abundance of this resource (and for the moment setting aside the SWRCB's assertions that essentially all of the groundwater in the greater Ukiah Valley is underflow), it would appear that a significant portion of any future water demands could be met through the increased use of groundwater. Groundwater, when compared against most potential surface-water supplies, is typically much cheaper and from a regulatory perspective easier and quicker to develop. The greater Ukiah Valley is experiencing significant urban growth pressures and at the same time, the potential threat of decreased surface water supplies, due to regulatory issues associated with the protection of federally listed endangered fish species in the Eel River and Russian River drainages. The combination of urban growth pressures and a potential "regulatory induced" decrease in existing surface water supplies - which are already considered insufficient to meet existing water demands - has prompted the search for new sources of water. Groundwater is one such potential source of "new" water. Both the County General Plan and the Draft Environmental Impact Report for the Ukiah Valley Area Plan recognize the importance of groundwater, and at the same time the paucity of information regarding the sustainability of the groundwater resource in Mendocino County and the greater Ukiah Valley in particular. Simply stated, although frequently identified as a potential source - comparatively little effort has been taken in recent years to improve our knowledge of the groundwater resource. Given the time and expense required to develop new surface water supplies, it would appear, despite the potential regulatory obstacles associated with the SWRCB's undertow assertions, foolish to ignore groundwater vis-h-vis existing and potential future water demands. Proposal The most recent assessment of the greater Ukiah Valley's groundwater resources was conducted by the USGS in 1986, as part of a reconnaissance-level investigation of the County's groundwater resources. Since 1986, the population of the greater Ukiah Valley has increased and additional groundwater wells have been constructed, new instances of groundwater contamination have been documented, the SWRCB has asserted that essentially all of the "groundwater" within the greater Ukiah Valley is "undertow", and various site-specific groundwater investigations have been conducted by a variety of public and private entities. Given the importance of groundwater, with regard to the region's economic health, it is proposed that the information presented in the 1986 USGS study be updated to provide a current assessment of the greater Ukiah Valley's groundwater resources. This assessment, like the 1986 USGS investigation, would provide the latest factual information from which informed policy decisions could be based, and would provide a "spring board" for subsequent investigations. Practical applications of the proposed study include source information for environmental impact analyses and water availability assessments pursuant to SB 610 and SB 221. Like the 1986 USGS investigation, the proposed groundwater study would focus on the characterization of the groundwater resource - occurrence, abundance, quality and movement - but unlike past investigations, would do so with an "eye" toward the differentiation of percolating groundwater from underflow. While it is not anticipated that the proposed study would result in a clear determination of where undertow as opposed to percolating groundwater is located in the greater Ukiah Valley, it is hoped that the proposed study will at least provide sufficient information to identify locations within the greater Ukiah Valley in which economically significant percolating groundwater resources are most likely to be found. Specific work tasks include the compilation of existing well-log information into one or more GIS database layers, to provide a more complete three-dimensional depiction of the study area's underlying geology; and the compilation of existing groundwater elevation and quality data to assess the spatial and temporal variability of groundwater resources. Information sources include well-log and pump-test data on file with the County and Department of Water Resources, unpublished groundwater elevation monitoring data collected by the Mendocino County Water Agency, unpublished "proof of water" investigations on file with the County, and any publicly available reports and data on file with the Department of Water Resources, State Water Resources Control Board, North Coast Regional Water Quality Control Board, City of Ukiah, and local water purveyors. Several local water purveyors have expressed interest in the study and a willingness to participate financially. Given the potential value of the information - not just to County but also to local water purveyors - it is recommended that a steering committee composed of the study participants and other interested parties, such as the Mendocino County Farm Bureau, be created to guide the study effort. The proposed study would require the assistance of a groundwater consultant and would cost on the order of $100,000 to complete. Costs could be reduced by using existing County and local water purveyor staff to gather and compile existing information into the County's GIS system, and limiting the consultant's role to data interpretation and report preparation. Next Steps Water Agency staff will be requesting funds to complete the proposed groundwater study as a part of the Agency's fiscal year 2006-2007 budget. Prior to submittal of the draft budget in late , it will be necessary to identify the study participants, mutually agree on the scope of work, and the extent to which each participant is willing to participate financially. Attachment # MEMORANDUM TO: Ms. Candace Horsley FROM: Robert C. Wagner DATE: March 29, 2006 Groundwater Investigation for the Greater Ukiah Valley You requested that I review the Mendocino County Water Agency's (Agency) efforts to begin a regional groundwater investigation with the participation of local entities in light of the City's current well siting project. Specifically you asked whether or not the current work to site wells for the City would be duplicated by a later investigation by the Agency The Agency staff will request funds for the proposed studying in its 2006-2007 budget and will need to obtain agreement from participants on the scope and extent of financial participation prior to commencing the work. Such a study, which is badly needed, will help identify issues and enhance the understanding of the groundwater resources in the Ukiah Valley. However, the study if ultimately approved would not likely begin for at least a year, and would probably not be available for at least two years. The City's current well siting study is needed so that the City can evaluate the best location for developing new wells to augment its existing capacity. Presumably, the City's study will be completed in less than a year, and if feasible, new wells could be developed in less than two years. More importantly, while both the proposed Agency regional investigation and the City's well siting study will gather some of the same information, the City's study will be considerably more site specific, and tailored to the development of water supply. The Agency's study will provide the basis for further investigation that should ultimately have the goal of developing regional water management solutions. In short, both of these efforts are useful, necessary and complimentary. To the extent that the City compiles data that can be used in a larger investigation it would seem appropriate for the City to make such data available in partial satisfaction of any anticipated financial participation with the Agency. Additional you asked me to comment on the ongoing Russian River water right process meetings that have been taking place between Sonoma County Water Agency, Trout Unlimited, the State Water Board, NOAA Fisheries, the Department of Fish and Game, and interested Sonoma county agricultural interests. I believe that at some level the Flood Control District, Mendocino County Water Agency, Mendocino County and the Mendocino County Farm Bureau have been involved. The goal is to develop solutions to Memorandum Ms. Candace Horsley March 29, 2006 the water right processing backlog and to find a way to develop projects in a manner complimentary to efforts to protect fishery resources. There is a Steering Committee tasked with developing solutions. The Steering Committee has organized a subgroup that has held one meeting and is scheduled to hold another on March 30, 2006 in Sacramento. There is not a named Mendocino County representative on the subgroup but a representative from the State Farm Bureau is participating. At the March 16 meeting of the subgroup in Santa Rosa the main discussion centered on the water right process as currently administered by the State Water Board's Division of Water Rights (Division). The outcome of the meeting was a list of issues related to delays in application permitting by the Division that need to be addressed in more detail; this is the substance of the subgroup's meeting scheduled for March 30. I hope the foregoing is helpful. Please call me if you have questions. COUZ086.DOC Page 1 of 1 Candace Horsley From: Roland Sanford [sanfordr@co.mendocino.ca.us] Sent: Monday, March 27, 2006 10:31 AM To: candace @ cityofu kiah.com Subject: Ukiah's Groundwater Well Siting Study Hi Candace: While there is some overlap between the two scopes of work - the Ukiah Well Siting Study and the groundwater study we are proposing - ! don't think there is enough to warrant delaying the City's well siting effort. Your study is focused on a relatively small area and is likely to produce more detailed information on that area than would be obtained from the more regional effort we are proposing. Also, your effort involves well drilling - which is probably the bulk of your study's cost. Long story short, you may save a few bucks on a few of your work study tasks by waiting for the regional study results, but it would probably delay your well siting effort by a year - which may in itself prove costly. Roland 3/30/2006