HomeMy WebLinkAbout2006-09-06 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
September 6, 2006
6:00 p.m.
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation - United Way Day of Caring September 13, 2006
b. Appointment of David Smith-Ferri As New Poet Laureate of Ukiah for 2006 -
2008 Term
c. Presentation of Certificate of Appreciation to Ukiah Police Department from
Mendocino County Superior Court for the Department's Role as Collaborative
Partner in Mendocino County's Drug Court Program
4. PETITIONS AND COMMUNICATIONS
None.
1
APPROVAL OF MINUTES
a. Regular Meeting Minutes of May 3, 2006
b. Regular Meeting Minutes of July 19, 2006
c. Regular Meeting Minutes of August 2, 2006
d. Regular Meeting Minutes of August 16, 2006
e. Regular Adjourned Meeting Minutes of August 28, 2006
1
RIGHT TO APPEAL DECISION
Persons who are dissatisfied with a decision of the City Council may have the right to a review of that
decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which
generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies
may be judicially challenged.
.
CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by
the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a
citizen in which event the item will be considered at the completion of all other items on the agenda. The
motion by the City Council on the Consent Calendar will approve and make findings in accordance with
Administrative Staff and/or Planning Commission recommendations.
a. Report of Acquisition of Second Set of 24 Lengths of 2-1/2 Inch Fire Hose from
Jaeco Fire and Safety in the Amount of $8,444.18 (including tax and estimated
shipping)
b. Award of Bid to Nesco Sales & Rentals for the Purchase of a Cargo Reel/Pole Dolly
in the Amount of $26,227.91 and Underground Cable Puller in the Amount of
$91,536.77
c. Notification to Council Regarding the Award of Bid for 3000 Feet of 750 MCM
Aluminum, 600V, Single Conductor Cable to Hughes Supply in the Amount of
$7,392.73
d.
eo
go
ho
j.
m.
no
o,
p.
qo
Notification to Council Regarding the Award of Bid for 5000 Ft. of 500 MCM
Aluminum, 600v, XLP Single Conductor Cable to Hughes Supply in the
Amount of $9,126.43
Award of Bid for 9,000 Feet of 4/0 AWG AL, 15 KV, EPR Insulated, Single
Conductor, Jacketed Concentric Neutral Underground Cable to the Okonite
Company in the Amount of $27,899.71
Rejection of Claim for Damages Received from Rachell L. Boen and Referral
to Joint Powers Authority, Redwood Empire Municipal Insurance Fund
Report to City Council Regarding the Annual Purchase of 50 Tons of Top
Dressing Sand and 50 Tons of #20 Deep Coring Sand for the Ukiah
Municipal Golf Course from Borges Transfer In The Amount Of $6,116.97
Notification to Council Regarding the Award of Bid for 4500 Ft. of #2 AWG,
15KV, EPR Insulated, Single Conductor, Jacketed Concentric Neutral Cable
to Champion Wire & Cable in the Amount of $9,939.94
Notification to Council of Automatic Increase in Garbage Rates and Fees,
Effective October 1,2006
Report of Disposition of Surplused Used Equipment
Award Purchase of One Gorman-Rupp 8" X 8" Diesel Engine Driven
Portable Pump to Thomas and Associates For The Total Amount Of
$38,717.80
Status of the Lake Mendocino Hydroelectric Power Plant Equipment
Refurbishment Emergency
Approval of Notice of Completion for Airport Improvement Project FAA Grant
Work, FAA Grant #3-06-0268-6 & 3-06-0268-7, Specification # 03-10
Report to Council on Acquisition for Design Services from SHN for FEMA
Disaster Repairs
Award of Bid to Bell Lumber & Pole Co. for Purchase of Wood Poles for the
Renovation of the Lighting System for Field 2 at the Ukiah Sports Complex
the Amount of $17,817.54
Request for Budget Amendment for Payment of Annual Federal Energy
Regulatory Commission (FERC) Administrative Charges for the Lake
Mendocino Hydroelectric Power Plant in the Amount of $7,900
Notification to Council Concerning the Purchase of Eight Sample Stations
from American Machine & Conveyor Corporation in the Amount of $5,795.25
8. 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.
.
PUBLIC HEARINGS (6:15 PM)
a. Amendment of the Transfer Station Contract to Allow Partial Recovery of
Increased Fuel Costs Related to Disposal of Garbage by the Ukiah Transfer
Station
10.
UNFINISHED BUSINESS
a. Introduction of Ordinance Amending Ukiah City Code Sections 1521 and 1522
Governing Procurement Procedures - continued from August 16, 2006
11.
NEW BUSINESS
a. Adoption of a Resolution Approving a 3 MW Participation in the Northern
California Power Agency (NCPA) Green Power Project (NGPP) and the
Member Agreement (3rd Phase Agreement) to Purchase Green Power from
NCPA Acquired Through PPAs and Physical Assets Classified As
Renewable Electric Generating Projects
12.
13.
14.
15.
b.
C,
d.
Adoption of a Resolution Approving the Transmission Agency of Northern
California's Amended and Restated Project Agreement No. 5 (Pa5) for
Participation in an Open Access Same Time Information System (Oasis) and
Delegation of Authority to the City Manager to Execute Amendments to the
Agreement
Adoption of Resolution Approving an Application for Proposition 50 California
River Parkways Competitive Grant Program for Riverside Park Development
and Approval of Up to $15,000 for Grant Writing Technical Assistance
Approval of Council Policy Resolution 1 lc Which Allows the Display of
Approved Banners Over the Public Right-Of-Way Along State Street in
Downtown Ukiah
COUNCIL REPORTS
CITY MANAGER/CITY CLERK REPORTS
CLOSED SESSION
a. Conference with Labor Negotiator, Government Code 54957.6
Employee Negotiations: Police Unit
Negotiator: City Manager
ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any
specific accommodations or interpreter services are needed in order for you to attend. The
City complies with ADA requirements and will attempt to reasonably accommodate
individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the
foregoing agenda was posted on the bulletin board at the main entrance of the City of
Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours
prior to the meeting set forth on this agenda.
Dated this 1st day of September, 2006.
Gail Petersen, City Clerk
PROCLAMATION
OFTHE
UKIAH CITY COUNCIL
"Reeognilion ofthe Day of Caring 2006"
WHEREAS, Day of Caring is an annual event that local United Ways organize
throughout our nation; and
WHEREAS, United Way of Sonoma-Mendocino-Lake, with staff and many
volunteers in Ukiah and the surrounding area, has solicited and accepted
applications for thirteen (13) worthy projects to take place on September 13,
2006 at the sites of exceptional local non-profit human services providers,
requiring fifty-nine (59) volunteers; and
WHEREAS, these projects will promote and highlight the spirit of
volunteerism as individual employees from numerous local private sector and
public sector employers will dedicate themselves for part or all of that day to
work on projects that these agencies' staff normally lack the resources and
time to accomplish, as they re-paint and repair and clean local service
providers' sites; trim landscaping; repair and scrub children's play toys; and
read to and play with preschool children; and
WHEREAS, the City of Ukiah has been a strong partner in this event during
the past two years by co-hosting with United Way the Kick-off event to launch
the volunteers to their chosen projects and by encouraging some City staff to
become involved as well; and
WHEREAS, the City of Ukiah wishes to recognize and support the spirit of
community service and to participate in the Day of Caring once again in 2006
by co-hosting the Day of Caring kick-off at 8 AM on the morning of the event;
NOW, THEREFORE, I, Mark Ashiku, Mayor of the City of Ukiah, on behalf of
my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen,
and Douglas Crane hereby proclaim September 13, 2006 as
The Day of Caring 2006
September 6, 2006
ITEM NO. 3a
ITEM NO. 3b
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: APPOINTMENT OF DAVID SMITH-FERRI AS NEW POET LAUREATE OF
UKIAH FOR 2006- 2008 TERM
In April of 2001, in conjunction with National Poetry Month, the Ukiah City Council appointed its first
Poet Laureate, Armand Brint. It also set up a committee to work with the Poet Laureate in shaping
the office, developing special events and activities (most notably the ukiaHaiku Festival) and
selecting future Poets Laureate.
The Poet Laureate serves honorary, educational, and ceremonial roles for the purpose of
heightening public awareness about the benefits of poetry. The Poet Laureate must reside in the
Ukiah Unified School District and serves for two years, with an option for renewal with approval of
the Committee and City Council. The Poet Laureate's roles and responsibilities can include:
interacting with schools in the form of readings and presentations, encouraging and sponsoring
poetry events including the ukiaHaiku Festival, reading at civic functions, promoting poetry in the
local media, developing joint activities with other members of the arts community, participating as a
member of the City's Poet Laureate Committee, and reporting annually to the City Council regarding
the status of the Poet Laureate Program and poetry in the Ukiah area.
The current Poet Laureate, Linda Noel, has reached the end of her term. In accordance with its
guidelines, the Poet Laureate Committee distributed a public announcement to the local media
calling for nominations. Nominees were asked to submit a representative sample of their work (3-5
poems) and a short statement regarding what he/she would like to accomplish as Poet Laureate.
The Committee then screened nominees and invited the most qualified for interviews, based on
their demonstrated skill in his/her craft, publishing credits, experience presenting poetry in public,
and experience in community work. Interviews were conducted by the Committee, who then
selected David Smith-Ferri to recommend for appointment as 2006 - 2008 Poet Laureate of Ukiah
by the City Council.
RECOMMENDED ACTION: Appoint David Smith-Ferri as new Poet Laureate of Ukiah for
2006-2008 term
ALTERNATIVE COUNCIL POLICY OPTIONS: Instruct Committee to re-open the
nominations.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Ukiah Poet Laureate Committee, Linda Noel
N/A
Sage Sangiacomo, Community Services Director
Candace Horsley, City Manager
APPROVED:
Candace Horsley, City Manager
ITEM NO. 3c
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: PRESENTATION OF CERTIFICATE OF APPRECIATION TO UKIAH POLICE
DEPARTMENT FROM MENDOCINO COUNTY SUPERIOR COURT FOR
THE DEPARTMENT'S ROLE AS COLLABORATIVE PARTNER IN
MENDOCINO COUNTY'S DRUG COURT PROGRAM
The Mendocino County Therapeutic Courts Administrator, Dianne Marshall, has requested the
opportunity to present a Certificate of Appreciation to the City of Ukiah Police Department for their
collaborative efforts and partnership with the Mendocino County Drug Court program.
Ms. Marshall and Mr. Benjamin Stough, Mendocino County Superior Court Executive Officer, will be
in attendance at the Council meeting to present the Certificate.
RECOMMENDED ACTION: Accept Certificate of Appreciation.
ALTERNATIVE COUNCIL POLICY OPTIONS: Not Applicable.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Not Applicable
Dianne Marshall, Therapeutic Courts Administrator
Sue Goodrick, Risk Manager/Budget Officer
Candace Horsley, City Manager
MINUTES OF THE UKIAH CITY COUNCIL
REGULAR MEETING
WEDNESDAY, MAY 3, 2006
ITEM NO.
5a
5:12:29 PM
Presentation by Steve Reader on the Mendocino County Jail Needs Assessment and
Criminal Justice Master Plan Update
Allison Glassey, Mendocino County Chief Operating Officer, provided brief introductory
comments regarding this matter, and stated that a discussion on the expansion of the jail on Low
Gap Road, determined that a more effective approach would be to consider the needs of the
entire criminal justice complex, including all associated agencies, and the Courthouse in terms of
how they interact and whether the complex should be built as one unit.
5:12:47 PM Councilmember Rodin arrived.
Allison Glassey further discussed the needs that are required under the Criminal Justice Master
Plan. Tonight's presentation is a brief overview of that report. The County Board of Supervisors
has reviewed the matter and the next step is to secure funding for a feasibility study, and find an
appropriate site. In the meantime, the County is looking at enhancing the overall conditions and
with making repairs to the existing facility. The County invites the City to be a participant in the
design aspects of a proposed new facility.
Steve Reader, consultant, provided a presentation concerning the Mendocino County Jail Needs
Assessment highlighted as follows:
· The project would be completed in phases to effectively be able to integrate the jail needs
assessment into the Criminal Justice Master Plan that was adopted in 1999.
· The parcel size, facility uses, and building footprint/configuration would be addressed
during the design/site feasibility phase, including a determination whether the entire justice
complex should consist of one unit rather than the current layout where the associated
buildings are in various locations.
· Current jail deficiencies relative to the existing operation include such issues as
incompatibility of use in conjunction with other uses in the area, remoteness to the
Courthouse, inadequate space, parking accommodations, inmate services, perimeter
fencing, and other issues that demonstrate the operational needs have outgrown the
facility.
· An element of the feasibility studies addresses County historical and current statistical data
and overall criminal justice patterns/trends pertinent to information reflecting increases in
population and crime rates that will help project/shape the type of facility necessary to
accommodate the demand for usage.
· Study information will assist with determining whether it would be economically feasible to
upgrade/repair/expand the existing facility rather than to relocate.
5:50:22 PM Councilmember Baldwin arrived.
A general discussion followed regarding having a jail facility in the Downtown area.
Mr. Reader addressed some of the advantages to having one centrally located facility where an
updated telecommunications/electronic monitoring system would be in effect and arraignments,
bookings, and other criminal procedural practices could be completed without the need for
transport services.
Mr. Reader stated the feasibility study could take six to eight months once the consultant contract
has been negotiated and approved.
District Supervisor Jim Wattenburger in conjunction with the City and County will continue to
partner in this regard.
6:11:10 PM
1. ROLL CALL
Councilmembers Present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku.
Staff Present: Economic Development Coordinator and Assistant to the City Manager Ballek,
Risk Manager/Budget Officer Goodrick, City Manager Horsley, Electrical Distribution Engineer
Kirkley, Associate Planner Lohse, Community Director Sangiacomo, Planning Director Stump,
and City Clerk Ulvila.
2. PLEDGE OF ALLEGIANCE
Councilmember Baldwin led the Pledge of Allegiance.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
3a. Proclamation: May 2006 as Healthy Kids Mendocino Month6:1 ! :51 PM
Councilmember Rodin read the Proclamation in recognition of May 2006 as Healthy Kids
Mendocino Month in the City of Ukiah.
A representative from Nuestra Casa accepted the Proclamation and commended Ukiah Valley
Medical Center, Mendocino Community Health Clinic, Mendocino County Public Health and other
medical agencies that made this event possible.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
3b. Proclamation: May 2006 as Lymes Disease Awareness Month
Mayor Ashiku read the Proclamation proclaiming May 2006 as Lymes Disease Awareness
Month in the City of Ukiah.
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
3c. Introduction of New Employee - Don Ballek, Economic Development Coordinator
and Assistant to the City Manager 6: ! 8:26 PM
City Manager Horsley introduced Don Ballek, the City's Economic Development Coordinator
and Assistant to the City Manager. Mr. Ballek's appointment is in line with the Council's desire to
expand the City's ability to provide a liaison and resource center to assist local businesses, as
well as being a primary contact for new businesses desiring to relocate to this area.
4. PETITIONS AND COMMUNICATIONS
None.
5. APPROVAL OF MINUTES
5a. Regular Meetinq of February 15~ 2006 6:20:27 PM
M/S McCower~Crane approving the regular meeting minutes of February 15, 2006, as
presented, carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
6. RIGHT TO APPEAL DECISION 6:21:07 PM
Mayor Ashiku read the Right to Appeal Decision statement.
7. CONSENT CALENDAR 6:21 :.34 PM
Councilmember Crane requested that Consent Calendar item "D" be pulled from the agenda.
Mayor Ashiku stated Consent Calendar item "D" will be heard as agenda item 11 h.
M/S Baldwin/McCowen approving Consent Calendar items "a" through "c" as follows:
a. Received Report to the City Council Regarding the Rental of Space from Doug Adams dba:
Skate City for the 2005/06 Youth Basketball Program in the Amount of $5,992;
b. Received Report of Acquisition of Contractual Services with Joe Bittner in the Amount of
$5,006.97 for Development of Scope of Work for Lake Mendocino Hydroelectric Plant
Refurbishment;
c. Received Report to City Council Regarding the Purchase of Services from All Phase Electrical
for the Repair of the Anton Stadium Lighting System in an Amount Not to Exceed $5,040;
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS 6:22:59 PM
Ukiah Morrison commented on the matter of taxation without representation, which is a point
that is often the topic of discussion with the issue of legalizing marijuana and the controversial
subject of being able to use cannabis for medicinal purposes. He recognizes the need to promote
education and safety with regard to the growth and use of cannabis for medical reasons.
Susan Beard is the Chair of the Ukiah Community Center, and addressed an emergency funding
request in the sum of $18,000 made to Council at the last regular meeting to maintain a day
shelter until October.
City Manager Horsley stated based on discussion of item 11e, the funding request can be
agendized for review at the special City Council meeting on May 10th.
Judy Hatch owns Shady Grove Mobile Home Park, and expressed concern about the sewer rate
increases that takes effect July 1,2006. She also stated the increase may be attributed to clean-
up efforts made in the park during the heavy winter rains where considerable amounts of water
were consumed.
Councilmember McCowen stated water rates were calculated based on winter water usage
where the usage should have been less. He is aware that in most instances where a master
meter is in place for multiple units, the sewer rates actually decreased. He recommended
checking to make sure the site does not have a water leak.
City Manager Horsley stated she would contact Mrs. Hatch as her situation may be unusual.
Dane Wilkins, Director of Northern California Normal, commented with his disability, he is forced
to take different drugs each month; he is a proponent of legalization of marijuana.
Suzanne Pletcher is a member of the steering committee for Leadership Mendocino and stated
this organization has been operating for 15 years. She thanked City staff and Council for the
support they have given to this successful program..Anyone interested in participating in the
program can visit their website.
9. PUBLIC HEARINGS (6:15 PM)
9a. Introduction of Ordinance Rezonin.¢l Assessor Parcel Numbers 003-050-29~ 66~ 85 and
86 (ZC No. 05-34) 6:40:03 PM
Planning and Community Development Director Stump introduced the project, and stated the
project represent a re-design in response to neighborhood concerns and necessitates a rezoning
application.
Associate Planner Lohse stated approval of the proposed rezone as unanimously
recommended by the Planning Commission at the regular March 22, 2006 meeting will change
the zoning district designation for the four contiguous lots that comprise the 1.44-acre project site
from the existing R-3 (High Density Residential) Zoning District to the R-3 PD (High Density
Residential-Planned Development Combining) District. The plan proposes the development of
three common-space lots for outdoor recreation and cul-de-sac development for Apple Avenue
and 24 residential townhouse lots with a variety of non-standard lot features. The project also
includes a major subdivision map that would allow the division of the site into 27 lots. Staff's
analysis/conclusions regarding the Zone Change & Major Subdivision Map that will provide for a
unique set of development standards and affordable home ownership opportunities, a copy of the
Mitigated Negative Declaration and Initial Study prepared for the projects, and the March 22,
2006 Planning Commission minutes recommending City Council approval are included for review.
Councilmember Rodin questioned the revised project plan that provides for high density
residential/planned development which necessitated the zoning change.
Mr. Lohse stated the plans originally provided for the development of apartment units and later
changed to the development of townhouses that would be individually owned with small lawn
areas, and since the lot size for the units and corresponding yards are substandard to the regular
zoning district designation, a zoning district designation change from R-3 to R-3 PD would be the
only option.
Councilmember Baldwin commented since there are no inclusionary housing provisions, the
units will sell at market rate value. He recommends the City consider implementing an
Inclusionary Zoning Ordinance.
Planning Director Stump stated the revised Housing Element that was adopted in 2004
addresses the matter of Council considering an Inclusionary Housing Ordinance. Staff is
studying the County's approach in this regard.
PUBLIC HEARING OPENED: 6:46:16 PM
No one from the public came forward.
PUBLIC HEARING CLOSED: 6:46:22 PM
Councilmember McCowen acknowledged the units would represent market rate housing
accommodations, and requested clarification that since the units are small they would also be
characteristic of entry level housing.
Planning Director Stump confirmed the market rate would likely be on the lower end since they
would be small units on small lots.
Councilmember McCowen inquired regarding the emergency access at the northern end of the
subject property and whether this area would be kept open for pedestrian access during day light
hours to facilitate persons desiring to use the access to walk to stores in the vicinity.
Associate Planner Lohse responded that at this point there is an agreement to allow emergency
access. It is his understanding, that the County of Mendocino expressed concern that such
access could create potential parking problems for their Department of Social Services facility
located nearby. It is also his understanding that no access easement agreement has been made
between the property owner and the County.
PUBLIC HEARING RE-OPENED: 6:52:34 PM
Estok Menton commented that discretionary review for the Site Development Permit for the
Menton property addressed the existing agreement with the City Fire Department that the gate
would remain for ingress/egress for emergency vehicles. He stated his interpretation of the
situation is that once the units are occupied and the complex classified as a gated community, the
people in this development would be able to take advantage of the opportunity of utilizing this
access for pedestrian access purposes to get to the local services. In his discussions with County
administration, he has assured them that there would be no vehicular use through their parking
lot. It was noted that as part of the Site Development Permit portion of the projects, that a
sidewalk would be constructed at the cul-de-sac.
Councilmember McCowen favored the concept of allowing the gate and access area to remain
accessible for emergency vehicles and use by residents of the townhouses He acknowledged
that there is still some question by the adjacent property owner (County) whether normal use by
the public should be allowed even if it is for pedestrian access purposes and even though it has
been a historic use.
It was noted that as part of the Site Development Permit portion of the projects, that a sidewalk
would be constructed at the cul-de-sac.
Councilmember McCowen requested clarification that a stop sign would be installed at the
intersection of Apple Avenue and Cherry Street.
Mr. Menton stated a stop sign is necessary as a safety precaution.
M/S McCowen/Rodin approving the Mitigated Negative Declaration prepared for the project,
carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin,
and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
NES McCowen/Rodin introducing Ordinance by title only with the amendment that the applicant
install a stop sign at the intersection of Apple Avenue and Cherry Street and carried by the
following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor
Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
City Clerk Ulvila read the title of the Ordinance, "An ordinance of the City Council of the City of
Ukiah amending the official zoning map for the City of Ukiah, California."
M/S BaldwirdMcCowen introducing Ordinance, carried by the following roll call vote:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
ABSTAIN: None. ABSENT: None.
AYES:
None.
9. PUBLIC HEARINGS (6:15 PM)
9b. lntroduction of Ordinance Amendinq Ukiah Municipal Code Provisions Re.qulatin9
Minor Subdivision of Lands with Limited Public Street Frontaqes 6:59:43 PM
Public Works Director Eriksen discussed his goal to rewrite the Subdivision Ordinance to
clean-up redundant and/or inconsistent language relative to sections of the Subdivision
Ordinance and Zoning Code pertinent to subdivisions that result in the creation of a new flag lot
with no public street frontage and the 20-foot wide driveway requirement to access this lot.
The process specifically involves the following changes:
· Revision of the existing regulations in Zoning Code Section 9251-92521.
· Delete the Zoning Code definition for "Street, Private" as listed in Zoning Code Section
9278, and add new definitions for building site, major/minor access roadway to article 1.1
of the Subdivision Ordinance.
· Delete the existing regulatory text from Section 8305 of the Subdivision Ordinance and
replace it with the modified regulations of Section 9251-9252 of the Zoning Code.
Associate Planner Lohse addressed his staff report regarding the matter of driveway width to
access lots that have no street frontage. Changing the language that currently requires the
driveway to be a 20-foot width would allow for a 12-foot wide access driveway as the accepted
standard. Staff questioned the regulation that if an applicant is subdividing a 12,000 square foot
lot on the west side of town possibly creating one new additional building site behind an existing
house, that a 20-foot wide access driveway would be required to serve the new building site. Staff
concluded that a 20-foot wide driveway is"too wide" and conflicts with the Ukiah General Plan
goals/objectives for preserving the residential neighborhood in the community. On April 12, 2006,
the Planning Commission unanimously voted to recommend that the City Council approve new
amendments to the City Code. He advised staff received comments regarding the Ron Meaux
project on the west side in conjunction with the proposed Subdivision Ordinance/Zoning Code
language changes.
It was noted that Mr. Harmon's comments were made available to Council for review.
Public Hearing Opened: 7:07:12 PM
Judy Hatch commented there is an acre behind her mobile home park that is landlocked and the
owner desires to put in multiple housing units. She inquired whether the intent of the Zoning
Code/Subdivision changes concern one lot rather than multiple lots because, in her opinion, a 12-
foot wide driveway to access multiple units is too small.
Mayor Ashiku stated the changes pertain to one lot whereby the 20-foot wide requirement would
be triggered for multiple lots.
Public Hearing Closed: 7:08:41 PM
Councilmember Baldwin inquired whether this width allows for sufficient off-street parking.
Associate Planner Lohse stated the 20-foot wide width does not provide for any off-street
parking and strictly pertains to ingress and egress where parking would have to be developed on
each individual parcel.
Councilmember McCowen referred to item no. 5 in Mr. Harmon's letter where he recommends
deleting references to building site area, net and gross, throughout the Zoning Code and utilize
the definitions of lot area, and inquired if this recommendation adds clarification is the proposed
modifications adequate.
Associated Planner Lohse stated there has been confusion as to discussions concerning a
building site as opposed to a net lot area. This concept should be clarified when the revisions to
the Subdivision Ordinance are made because this issue applies throughout the Zoning Code.
Councilmember Crane asked Planning Department staff if it would be appropriate for the matter
to be continued in order to further examine/clarify some of the issues raised in Mr. Harmon's letter
addressing the Zoning Code changes and revisions to the Subdivision Ordinance.
City Engineer Eriksen commented that many of the questions Mr. Harmon has raised have to
do with the overall problems of the Subdivision Ordinance with regard to consistency with the
Zoning Code, and this is the reason the Ordinance must be revised. The current intent is to solve
the problems that have occurred to date. Mr. Harmon's proposed questions will be reviewed and
taken into consideration for other necessary modifications where applicable.
M/S Rodin/Baldwin introducing Ordinance by title only, carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES: None.
ABSTAIN: None. ABSENT: None.
City Clerk Ulvila read the title of the Ordinance, "An ordinance of the City Council of the City of
Ukiah amending the Ukiah Municipal Code for the City of Ukiah, California."
MIS Rodin/McCowen introducing Ordinance, carried by the following roll call vote:
Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. NOES:
ABSTAIN: None. ABSENT: None.
AYES:
None.
10. UNFINISHED BUSINESS
10a. Continued Discussion and Consideration of an Ordinance Reqardin.q Campai_cln
Reform - Baldwin~ Rodin
Discussion followed regarding the Campaign Finance Reform where a Councilmember raised the
question of a possible Brown Act violation regarding an e-mail that had been sent out by another
Councilmember.
M/S Crane/McCowen to continue item to next meeting until City Attorney can be present and
offer an opinion on the matter.
7:29:02 PM Motion carried by the following roll call vote: AYES: Crane, McCowen,and Mayor
Ashiku. NOES: Rodin and Baldwin.
11. NEW BUSINESS
11a. Discussion and Possible Action Reqardin_q Do_cls, Smoking, Hic~h-Back Chairs~ and
Barbeques at Todd Grove Park for Sundays In The Park Concert Series 8:0.3:.37 PM
Community/General Services Director Sangiacomo advised that Councilmember Baldwin has
requested discussion and consideration of restricting/regulating smoking, dogs, high-back chairs,
and barbeques at the Sundays in the Park Concert Series. Due to public safety and liability
issues, Council directed that all dogs will be banned from the park during concerts and that
barbeques will be allowed only at picnic tables or designated areas.
Public Comment:
Diane Zucker agreed with the Council that the dogs can be a problem and the high-back chairs
are becoming a problem. Ms Zucker suggested that there be posters that state "no high-back
chairs" and recommended that all chairs be situated on the perimeter of the seating area.
Benj Thomas recommended well designed, vibrant-colored signs located at the entrance points to
the park, that state all high-back chairs are to be located at the rear of the seating area.
Public Comment Closed
It was the consensus of the Councilmembers present that staff continue the current informal
practice of encouraging smokers to do so at the sides or back of the venue and that staff should
encourage the use of Iow back chairs to reduce conflicts created when high back chairs block the
views of others.
Staff will bring back the restrictions on dogs and barbeques to Council as an Ordinance in order
to provide an enforcement mechanism.
11. NEW BUSINESS
11b. Discussion and Direction Reqardin.q the Mana.qement and Reportinq Rec~uirement-~
for the City of Ukiah Public Benefits Pro.qram 8:44:27 P]VI
Electrical Distribution Engineer Kirkley discussed her Staff Report and the history of the Public
Benefits Fund. Public Benefit Fund staff recommends hiring a consultant via a RFP for
Professional Services in order to provide a '~turn-key" management system for the Public Benefit
Fund.
City Council and staff discussed preparation of an RFP for a consultant to design, implement and
administer an updated Public Benefits Program, and noted that the State mandates that
municipal utilities dedicate a set percentage of revenue to provide incentives for installing
alternative energy, energy saving appliances, energy audits, Iow income bill paying assistance
and other related incentives. The State mandated that reporting requirements are detailed and
complex. Hiring a consultant would be more cost effective than hiring a new staff person.
Consensus directing staff to prepare a Request for Proposal for managing the City of Ukiah
Public Benefits Program.
11. NEW BUSINESS
11c. Discussion and Direction Concerninq the Development of a Green Buildin.q Pro.qram
Director of Planning and Community Development Stump explained that staff has been exploring
concepts of Green Building and has had a discussion with a local contractor about providing
education and possible incentives for building with a green perspective.
Staff, Council, and Estok Menton and other knowledgeable members of the public discussed the
application of Green Building concepts for new developments and modifications to older
structures and spoke in support of implementing a program. Staff will proceed with an
informational and educational approach in this regard that will likely lead to the development of
incentives and perhaps in some cases mandates to further the applicatiOn of Green Building
concepts to developments.
Council supports the concept and desires for staff to move forward with the development of a
Green Building Program.
11. NEW BUSINESS
11d. Request from Menton Builders Request for Photovoltaic (PV) Incentive Rebate
Related to Twelve Unit Townhouse Development on Apple Avenue 9:39:45 PM
Electrical Distribution Engineer Kirkley discussed a request from Menton Builders for incentive
rebates from the City's Public Benefits Fund (PBF) for the installation of Photovoltaic (PV)
generating systems as well as solar hot water heating systems for each of the 12 townhouses
that will be developed on Mr. Menton's property. The City's Public Benefits Program does not
currently provide photovoltaic rebates for new construction or to a contractor versus a
homeowner. Staff supports approval for including incentives of this type in the revised program.
Estok Menton addressed his project and request from the City's Public Benefits Program to
assist with his proposed Green Building project of 12 townhouses on Apple Avenue.
It was noted that Council generally supported the project.
Consensus was to continue discussion of this matter on May 10, 2006, in order to receive
clarification on the total fund balance reserved for the Public Benefits Program.
11. NEW BUSINESS
11e. Discussion of Policy Regarding Community Grants Proqram for Fiscal Year 2006/07
10:39:37 PM
City Manager Horsley discussed her Staff Report with Council asking if Council wishes this item
be included in the 2006-2007 Fiscal Year Budget. City Manager Horsley also requested direction
regarding Ukiah Community Center's request for $18,000.
Discussion followed regarding the status of the City's budget, difficulty of developing and applying
appropriate criteria to decide which of the many applicants should receive funding, the propriety
of the City taking money from one group of citizens to give to another, the fact that this is a
generous community and the people can decide which non-profits to support, and that a number
of funding alternatives exist.
The consensus was to continue the matter to a later date.
11. NEW BUSINESS
11f. Discussion of Cost of Living Increase for City Councilmember Salaries]0:55:35 PM
Risk Manager/Budget Officer Goodrick reviewed her staff report which included a cost-of-
living increase based on the Consumer Price index.
Consensus was to continue the matter to a later date, after the adoption of the FY 2006-2007
Budget
11. NEW BUSINESS
11g. Approve Resolution Requestinq that the Department of Commerce Declare a 2006
Pacific Salmon Disaster and Urging the Departments of Commerce~ Interior and
Agriculture Take Immediate Steps to Adopt a Comprehensive, Basin-wide
Restoration Plan for the Klamath River Basin - Ashiku/Rodin ]0:58:08 PM
M/S Rodin/McCowen adopting Resolution 2006-54, requesting that the Department of
Commerce declare a 2006 Pacific Salmon Disaster and urging the Departments of Commerce,
Interior, and Agriculture take immediate steps to adopt a comprehensive, basin-wide restoration
plan for the Klamath River Basis.
It was determined that the following wording should be included in the last paragraph under #2 to
read as follows: Requests that the Departments of Commerce, Interior and Agriculture take
immediate steps to adopt a restoration plan that is quantifiable, including ocean conditions and
results oriented for the Klamath River Basin, such as recommended by the National Academy of
Sciences.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin, and Mayor Ashiku. NOES: None. ABSTAIN: None. ABSENT: None.
11h (7d.) Authorized Increase City Health Contribution for Elected Officials and Year
Round, Part-time Employees.
M/S Baldwin/Rodin to approve tying the monthly health insurance contribution for year-round,
part-time employees and elected officials to the REMIF "employee only" premium amount, which
is currently $332.16 carried by a roll call vote as follows: AYES: Councilmember McCowen,
Rodin and Baldwin; NOES: Councilmember Crane and Mayor Ashiku; ABSTAIN: None;
ABSENT: None;
12. COUNCIL REPORTS
Council asked the City Attorney to determine whether there had been a violation of the Brown Act
by one of the Councilmembers who was a member of a sub-committee with another
Councilmember and had sent an e-mail encouraging members of the public to contact a third
Councilmember. 11:17:59 PM
13. CITY MANAGER/CITY CLERK REPORTS
Councilmember Crane left the meeting at 11:23:29
Adjourned to sit as the Ukiah Redevelopment Agency:! 1:27.17 PM
Reconvened: 1 ! :35:07 PM
Adjourned to Closed Session: 11:35:07 PM
14. CLOSED SESSION
a. Government Code §54956.8 - Conference with Real Property Negotiator
Property: Low Gap Road Property
Owner: City of Ukiah
Negotiator: Candace Horsley
Under Negotiation: Price and Terms of Payment
Reconvened at: 1!:45 PM
15. ADJOURNMENT
There being no further business, the meeting was adjourned at: 11:45 PM
]0
Cathy Elawadly, Transcriptionist
Gail Petersen, Transcriptionist
1!
I?EMNO. 5b
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
July 19, 2006
6:00 p.m.
The Ukiah City Council met at a Regular Meeting on July 19, 2006, the notice for which being
legally noticed. Roll call was taken at 6:02 p.m. and the following Councilmembers were
present: Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: City Manager
Horsley, Police Chief John Williams, Director of Planning Charley Stump, Community Services
Supervisor Maya Simerson and Deputy City Clerk Gail Petersen.
2. PLEDGE OF ALLEGIANCE was led by Councilmember Rodin
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Introduction of New Employee - Stephanie Youn.q, Recreation Supervisor
Maya Simerson, Community Services Supervisor introduced Stephanie Young
advising she replaced former Recreation Supervisor, Gina Greco.
Due to the number of community members in attendance, Mayor Ashiku moved approval
of the Minutes, Agenda Item 5. "a" through "d" to the end of the agenda.
b.
Presentation by Dana Burwell on Palace Hotel Appraisal 6:05:39 PM
Councilmember McCowen recused himself stating he owns property within three
hundred feet of the Palace Hotel, anticipating this could be the prelude to some further
action. Councilmember McCowen left the dais and took a seat in the audience.
Dana Burwell stated this project was complex in that the building requires extensive
renovation. The cost of renovation does "not pencil out" as there would be no profit on
the hotel. The appraised value of $309,000 is based only on the value of the land.
Based on a highest and best use analysis, two perspectives were used. An appraisal
based on "raw" land (Hotel is not on the property) and an appraisal based on scenarios
with the Hotel remaining on the property. During their research, it was found that the
Hotel consists of four structures. Negative returns to an investor vary within the
scenarios provided, with Mr. Burwell stating his personal perspective is that the brick
building is the most unique aspect of the property having more character and more
history than the three other structures. Referencing page 59 of the appraisal, Scenario III
of "As Improved," assumes the three buildings are demolished and the historical brick
building is renovated at an estimated cost of $3.0 million dollars and a loss of $1.5
million dollars.
City Manager Horsley stated those individuals showing interest in the Palace Hotel and
the current owner have received copies of the appraisal. Additional copies are available
at City Hall.
Public Comment Opened 6:15:16 PM
Mr. William French concurred with renovating the historic building, requesting
preservation of the interior of the lobby when possible.
John McCowen, addressing the City Council as a private citizen, stated he believed the
value of the appraisal is to use it as a tool to encourage the owner to either move
forward in redeveloping the property or make it available to someone who will.
Public Comment Closed 6:17:49 PM
4. PETITIONS AND COMMUNICATIONS
None
.
APPROVAL OF MINUTES
a. Regular Meeting Minutes of April 19, 2006
b. Regular Meeting Minutes of June 21, 2006
c. Special Budget 06-07 Workshop Meeting Minutes of June 28 and 29, 2006
d. Regular Meeting Minutes of July 5, 2006
,
RIGHT TO APPEAL DECISION6:! 7:55 PM
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.
Mayor Read
7. CONSENT CALENDAR6:]8:21 PM
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the
City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in
which event the item will be considered at the completion of all other items on the agenda. The motion by the
City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff
and/or Planning Commission recommendations.
MIS Baldwin/Rodin to approve the Consent Calendar, items "a" through "n"
a. Report to the City Council Regarding the Purchase of Services from
Wesco Graphics for the Printing of the 2006 Summer Recreation Guide in
the Amount of $5,082.02.
b. Report Increased Cost of Equipment on 2006 50' Digger-Derrick International 4300 4x2
to Altec Industries in the Amount of $6,060.94
c. Accept Federal Aviation Administration (FAA) Grant in the Amount of $179,550.00 and
Authorize City Manager to Sign Grant Documents
d. Report of Acquisition of 24 Lengths of 2-1/2 Inch Fire Hose from Jaeco Fire and Safety
in the Amount of $8,871.27
e. Report of Disbursements for the Month of June 2006
f. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
g. Notification of Expenditure in the Amount of $5,137.53 to Hewlett Packard Corporation
for the Purchase of Two Printers
h. Report of the Acquisition of Emergency Traffic Signal Repair Services from
Republic Electric in the Amount of $5,235
i. Award of Bid for Various Size Pole Mount and Pad Mount Transformers in
the Amount of $92,216.76 to Western States Electric/ERMCO and
$26,577.62 to WESCO/ABB for a Total of $118,794.38
j. Report to the City Council Regarding the Purchase of Services from Mendocino Metals
for the Fabrication of Twenty Pairs of Commemorative Bench Brackets in the Amount of
$9,051
k. Award of Professional Services Agreement to HDR Engineering, Inc. in an Amount Not
to Exceed $133,007 for Design Services for the STIP Railroad Crossing Rehabilitation
Project
I. Award of Professional Services Agreement to Green Valley Consulting Engineers in an
Amount Not to Exceed $49,160 for Design Services for the Gobbi Street / Orchard
Avenue Traffic Signal Project
m. Report of the Acquisition of AUTOCAD 2007 Civil Series from DLT Solutions, Inc. in the
Amount of $8,415.07
n. Receive Report Concerning Minor Language Changes to Housing Corporation Major
Subdivision Map # 05-17
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin and Mayor Ashiku NOES: None; ABSTAIN: None ABSENT: None
.
.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS6:19:27 PM
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.
No one came forward to address the Council.
PUBLIC HEARINGS (6:15 PM)6:19:55 PM
a. Consideration and Action on Hull/Piffero Use Permit Application to Provide
Relief from the Maximum Heiqht Standard for an Accessory Structure (Flag Pole)
and to Allow Minor Gradinq and Construction in the Hillside Zoninq District
Planning Director Stump reported this matter has been brought to the City Council for
consideration due to a tie vote by the Planning Commission. Director Stump noted that the
fifth Commissioner, Kevin Jennings, was absent during the meeting and had submitted in
writing his support for the flag pole. Director Stump stated that two of the Commissioners
believed the findings to approve this use permit could not be made. They believed the
project would have a detrimental affect on the health, safety and general welfare and was
inconsistent with the General Plan policies for citing and designing improvements in the
hillside district to minimize impacts from the valley floor. The other two Commissioners
believed the project would not be detrimental to the public's health, safety and general
welfare and was consistent with the General Plan's goals for minimizing visual impacts on
the valley below.
Director Stump stated that the applicant seeks relief from the height limits in the R-1
Hillside Zoning District to allow a flag pole to exceed the height limit by 25' and for minor
construction activities in the Hillside District.
Public Comment Opened 6:28:20 PM
Dave Hull/Co-applicant. Mr. Hull stated he questions how the 45' flag can be classified as
a "structure". He stated the pole is a one-piece fiberglass pole stuck in the ground. There
was no grading other than digging the hole for the flag pole and the lighting is by portable
lighting plugged into an extension cord.
Mr. Hull spoke at length and responded to questions regarding the findings that must be
made, to either approve or deny the request. There must be findings with evidence (facts)
that the project is or is not detrimental to the public's health, safety and general welfare; and,
that the land use is or is not consistent with the goals and policies of the General Plan.
Speaking in favor of granting the Special Use Permit 6:41:23 PM
Joseph John Turri, who also entered into the public record a "Petition to Save "Our Flag"
and Diane Zimmerman Ells, Ric Piffero/co-applicant, William Smith, Brian Keefer, Billie
Smith, Rex Eiffert, Randy Dorn, Michael (name unknown), Janice Evans, Bill Hoover, Kevin
Jennings, Alfred Osborne.
Speaking in opposition of granting the Special Use Permit
William French, Dennis Slota, Benj Thomas, Paulette Arnold, Pinky Kushner, Susan Knopf,
Larry Puterbaugh, John Arteaga, Lisa Mammina, Robert Clark, Mary Misseldine, Charlene
Light, Linda Sanders, Arlene Shippey, Steve Scalmanini, Susan Boling Guhlke via written
communication.
5 minute recess 7:35:50 PM
Reconvened at 7:45:47 PM
Councilmember McCowen read a letter written by Kathy Davidson which she had asked
be read into the record.
Responding to concerns that should the special use permit be approved, there is no
guarantee as to what flags will be flown from the pole in the future, Mr. Piffero came forward
advising as long as he owns the property, the American flag will be flown. In his opinion, the
flag is a tribute to those who put their lives on the line. He requested the Council members
approve the special use permit.
Public Comment closed 8:13:12 PM
Extensive discussion continued with Councilmember Crane and Mayor Ashiku agreeing with
staff"s findings for the approval of the project. Councilmembers Rodin, McCowen and
Baldwin were unable to make the appropriate findings in support of the application. In order
to expedite the discussion, Councilmember McCowen recommended this matter be
continued to a future meeting and to request staff to craft the appropriate findings based on
the discussion, Director Stump stated he would work with the City Attorney to bring back
what he believes is the intent of the majority of the Councilmembers stating, the primary
finding by three Councilmembers is that the project is inconsistent with the General Plan in
that it has been sited to maximize its visibility rather than minimize its visibility.
Councilmember Baldwin added that the project is incompatible with the surrounding
developments which were required to blend into the hillside environment, and that a finding
be added that reflects this incompatibility. Councilmember McCowen stated he would not
support this finding; he would support the first finding of being incompatible with the General
Plan. City Attorney Rapport stated that the denial can be based on either of the findings;
both findings are not needed. Upon consensus of the Council, staff directed to bring back a
set of findings consistent with the discussion.
MIS Crane/Rodin to continue the Public Hearing to August 2, 2006 regular meeting.
Motion carried by a roll call vote as follows: AYES: Councilmember Crane, Rodin,
McCowen, Baldwin and Mayor Ashiku NOES: None ABSTAIN: None ABSENT:
None
Mayor Ashiku left the meeting 9:17:40 PM
Vice Mayor Baldwin announced a 5 minute recess 9:18 p.m.
Vice Mayor Baldwin reconvened the meeting at 9:29:27 PM
9. PUBLIC HEARINGS
b. Discussion and Action on Environmental and Feasibility Analysis for the
Orchard Avenue Extension and Orr Creek Bridqe Alternative Route
Planning Director Stump reported this item is the result of the City's response to a
challenge made by a private party regarding the EIR proposal for the Orr Creek bridge. The
City agreed to evaluate whether the relocation of the street extension and bridge to the east
towards Highway 101 was a feasible and reasonable alternative for the proposed project.
The cost to acquire the land and design and construct the alternative route would render the
alternative project financially infeasible.
Public Comment Opened
Speaking in favor of the alternative route, east towards Highway 101:
Ann Kelly
Speaking in favor of extending Orchard Avenue from Ford Street to Brush Street and
constructing a bridge over Orr Creek, at the current location:
Judy Pruden
Ken Anderson sought clarification as to whether the Orr Street bridge would be open for
pedestrians/bicycles only, once the new bridge is constructed.
Public Comment Closed 9:37:57 PM
M/S McCowen/Crane to approve the recommended action, making the determination that the
alternative route is infeasible and directing staff to proceed with the original route. Motion
carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin NOES: None; ABSTAIN: None ABSENT: Mayor Ashiku
Vice Mayor Baldwin requested comment from staff regarding any item that could be continued
to a future meeting. Due to length of the Agenda, staff and public present, Item 11.a under New
Business to be discussed after 10.a of Unfinished Business and Redevelopment.
10.
UNFINISHED BUSINESS
a. Award of Contract to Efficiency Services Group, LLC for Public Benefits
Program Assessment, Revision, Turnkey Administration and Reporting 9:43:12 PM
Liz Kirkley, Electrical Distribution Engineer reviewed the Request for Proposal process.
Representatives from Efficiency Services Group, LLC responded to questions regarding
solar and a solar rebate program as well as Iow income subsidy programs / Ukiah CARES,
etc. Mark Gosvener responded that their proposal to assess and revise the City's Public
Benefits Program will include these items as well as subsidies for energy efficiency
programs.
Public Comment Opened 9:53:13 PM
William French requested that the Public Benefits Program include those living in Section 8
housing.
Public Comment Closed 9:54:32 PM
MIS McCowen/Rodin to approve award of Request for Proposal for the City of Ukiah Public
Benefits Program Assessment, Revision, Development, Turn-key Administration and Reporting
to Efficiency Services Group, LLC. Motion carried by a roll call vote as follows: AYES:
Councilmember Crane, Rodin, McCowen and Vice Mayor Baldwin NOES: None ABSTAIN:
None ABSENT: MayorAshiku
10. UNFINISHED BUSINESS
b. Receive Status Report Concerninq Sign Ordinance Enforcement Activities
Provide Direction to Staff
Consensus to continue to August 2, 2006
and
Co
Adoption of Resolution Consolidatinq General Municipal Election with the
Statewide Election to be Held November 7, 2006, Requesting Mendocino
County to Conduct the Election, and Approving a Ballot Measure to be
Placed on the Ballot for Such Election 10:13:48 PM
City Attorney Rapport advised that adoption of this Resolution is necessary in order to: · Consolidates the election with the statewide election scheduled for November 7,
2OO6;
· Specifies three positions on the City Council to be filled;
· Requests the Board of Supervisors to permit the County Elections Clerk to conduct
the election;
· Approves the form of the ballot measure;
· Directs the City Clerk to transmit the measure to the City Attorney for an impartial
analysis;
· Directs the City Clerk to publish notice of the election as required by law, to issue
and accept nomination papers and to perform other duties in connection with the
election for City Council members and to publish notice of ballot arguments as
required by law;
Authorizes designated City Council members to file a rebuttal argument, if required.
Public Comment Opened: 10:15:37 PM
Public speaking in favor of increasing the TOT:
None
Public speaking in opposition of increasing the TOT:
Judy Pruden
Public Comment Closed: 10:18:10 PM
MIS Crane/Rodin to move the recommended action to adopt this Resolution consolidating
election with statewide November 2006 election, requesting Mendocino County to conduct
election, approving ballot measure and Councilmembers McCowen and Rodin, with Baldwin
as an alternate for Rodin, authorized to submit a rebuttal argument on behalf of the City
Council to any argument submitted in opposition to the measure.
Discussion ensued regarding Item #2 of Page 2, regarding the ballot measure verbiage.
Consensus of the Council is to revise the measure wording as follows:
"Shall Ukiah City Code Section 1752 be amended to increase from the current 8% to
10% the tr~,-,si~,-,t........~..., ........... ,..~ tax imposed on the room rate charged to customers of
hotels and motels in the City of Ukiah?"
The revised motion deleting "transient occupancy" carried on the following roll call vote:
Councilmembers Crane, McCowen, Rodin, Baldwin NOES: None; ABSTAIN: None
ABSENT: Mayor Ashiku
City Attorney Rapport stated the argument in favor of the ballot measure must be
approved by the City Council and filed by the City Clerk no later than the evening of August
2, 2006. Upon consensus of the Council, the ballot measure argument in favor of the TOT
to be continued to the August 2, 2006 meeting.
10. UNFINISHED BUSINESS
d. Introduction of Ordinance Amendinq Campai.qn Finance Reform Act 10:28:22 PM
City Attorney Rapport stated that he had overlooked a Government Code Section
which states no officer shall expend and no candidate shall accept any public moneys
for the purpose of seeking elective office. The Ordinance is revised to state that a
Voluntary Spending Limit candidate would be eligible to post a statement on the city's
website and would be responsible for the cost associated with the posting.
MIS Rodin/Crane to introduce the Ordinance by Title only. Motion carried by the following roll
call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin NOES: None;
ABSTAIN' None ABSENT: Mayor Ashiku
MIS Rodin/Crane to Introduce the Ordinance. Motion carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin NOES: None; ABSTAIN' None
ABSENT: Mayor Ashiku
10. e. Adoption of Ordinance Amendinq Ukiah City Code Section 1151, Re .q a rd i n .q
Appointment of Planninq Commission Members
Discussion regarding whether the current process of appointment to the Planning
Commission should remain as in the past and should a different approach be taken
regarding the method of how to remove a Commissioner should he/she not fulfill the
duties.
Public Comment Opened 10:41:44 PM
Speaking against adopting the Ordinance amending Code Section 1151 and in favor of
studying the removal process
Dottie Coplen, William French, Steve Scalmanini
Public Comment Closed 10:47:51 PM
MIS McCowen/Crane to continue matter to August 16, 2006 meeting. Motion carried by an
all AYE voice vote with Mayor Ashiku absent.
10. f. Discussion and Possible Approval of Memorandum of Understandinq for
Preliminary Review for Development of Potential Water Supply 10:48:46 PM
MIS McCowen/ Rodin approve the Memorandum of Understanding and authorize the City
Manager to sign the Memorandum of Understanding and approve the License Agreement.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin NOES: None; ABSTAIN: None ABSENT: Mayor Ashiku
10.
g. Adoption of Resolution Makinq Appointment to the Investment Oversiqht
Committee, Demolition Permit Review Committee, Paths, Open Space and Creeks
Commission and the Traffic Enqineerinq Committee
Councilmember Rodin left the Council Chambers 11:08:32 PM
Investment Oversite Committee: (1 POSITION)
MIS Crane/McCowen appointing Monty Hill
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin NOES: None; ABSTAIN: None ABSENT: Mayor Ashiku
Councilmember Rodin returned to the Council Chambers at 11:11 p.m.
Demolition Permit Review Committee: (2 POSITIONS)
MIS McCowenlRodin appointing Judy Pruden. Motion carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin NOES: None; ABSTAIN: None
ABSENT: Mayor Ashiku
MIS Rodin/Baldwin appointing William French. Motion carried by an all AYE voice vote with
Mayor Ashiku absent.
Paths, Open Space, and Creeks Commission: (3 POSITIONS)
MIS McCowen/Baldwin appointing Beth Lang. Motion carried by an all AYE voice vote with
Mayor Ashiku absent.
Councilmember Crane made a motion appointing Dr. Robert Werra
Motion failed due to lack of second
MIS Baldwin/McCowen appointing Suzanne Farris. Motion carried by an all AYE voice vote
with Mayor Ashiku absent.
MIS Rodin/McCowen appointing Howie Hawkes. Motion carried by an all AYE voice vote
with Mayor Ashiku absent.
Traffic Enqineerinq Committee: (1 POSITION)
MIS Rodin/Baldwin appointing William French
Motion failed due to tie vote as follows: AYES: Councilmembers Rodin and Baldwin;
Crane and McCowen; ABSTAIN: None ABSENT: Mayor Ashiku
NOES:
MIS Rodin/McCowen appointing John Lampi. Motion carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin NOES: Baldwin ABSTAIN: None
ABSENT: Mayor Ashiku
Public Comment Opened: 11:20
Lisa Mammina pointed out that under Agenda Item 10.g. William French was not listed as an
applicant. Staff responded that he is an applicant; staff erroneously did not list his name.
MIS McCowen/Crane adopting Resolution making appointment to the Investment Oversight
Committee, Demolition Permit Review Committee, Paths, Open Space and Creeks Commission
and the Traffic Engineering Committee. Motion carried by the following roll call vote:
AYES: Councilmembers Crane, McCowen, Rodin, Baldwin NOES: None; ABSTAIN: None
ABSENT: Mayor Ashiku
11. NEW BUSINESS
a. Approval of Letter of Response to Grand Jury Related to Ukiah Police Department and "What Methamphetamine is Costing You" 9:55:45 PM
Chief John Williams, Captains Trent Taylor and Chris Dewey stated that the Grand
Jury had audited the Police Department and submitted a report. Within the report, the
Grand Jury made eight findings and one recommendation which the Police Department
agreed with. The Grand Jury also issued a report regarding the use and abuse of
methamphetamines in Mendocino County. This report required a response from the
Police Department, County law enforcement agencies as well as other public agencies.
Discussion ensued with consensus by the Council to revise the response to the Grand
Jury as follows:
Response by the Ukiah Police Department; page 1, Finding 1:
Add: "A Traffic Officer has been added to Staffing";
Response by the Ukiah Police Department; page 1, Recommendations, #1,
Paragraph 2:
Revise response as follows:
"The Council agrees with the need to add an additional Resource Officer and,
through the efforts of the City's Police Department, plans to explore funding
opportunities over the next 3 to 5 years. The Department is actively working with the
Ukiah Unified School District on this issue, and exploring funding opportunities from
the School District, available grants, and City of Ukiah general funds.
Regarding the requirement to respond to the "What Methamphetamine is Costing You"
report submitted by the Grand Jury, revision to the Police Department's response on
page 2, Item #3 to read, "The Ukiah Police Department felt that the Public Health
Department would be the better lead agency in this effort; we will lend our assistance".
Public Comment Opened: 10:04:21 PM
Benj Thomas stated he did not believe leaving the process (of evaluating the costs to
and impact on the County and incorporated cities of the methamphetamine epidemic) to
one agency is a good idea.
Public Comment Closed
MIS Rodin/McCowen move the recommended action to approve letter of response to the
Grand Jury related to the Ukiah Police Department with the changes noted above. Motion
carried by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin NOES: None; ABSTAIN: None ABSENT: Mayor Ashiku
MIS McCowen/Rodin to continue the Ukiah Redevelopment Agency meeting to August 1,
2006, with the exception of Agenda Item 5.d Unfinished Business (discussion and consideration
of whether to increase the amount of the total contribution per storefront under the Fa(;ade
improvement Program) which will be heard at the conclusion of the City Council meeting.
Motion carried by the following roll call vote: AYES: Councilmembers Crane, McCowen,
Rodin, Baldwin NOES: None; ABSTAIN: None ABSENT: Mayor Ashiku
11. b. Designation of Votinq Delegate and Alternate for 2006 Leaque of California
Cities Annual Conference - September 6-9, 2006
MIS McCowen/Crane designating Councilmember Rodin as the City of Ukiah's
Voting Delegate. Motion carried by an all AYE voice vote with Mayor Ashiku absent.
c. Discussion and Possible Appointment of Councilmember to Discuss City's
Level of Interest in Participatin.q on Air Quality Mana.qement Board11:24:25 PM
MIS McCowen/Rodin nominating Vice Mayor Baldwin to be a delegate on such a
committee. Motion carried by an all AYE voice vote with Mayor Ashiku absent.
11. NEW BUSINESS
d. Adoption of Resolution Makinq Appointment of the City Clerk
MIS Rodin/McCowen to appoint Gail Petersen to the position of City Clerk. Motion carried
by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin,
Baldwin NOES: None; ABSTAIN: None ABSENT: Mayor Ashiku
12. COUNCIL REPORTS
None
13.
CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley reminded Council of the Fire Department
workshop scheduled for July 20, 2006 at 5:30 in the Council Chambers
Master Plan
14. CLOSED SESSION
None
15. ADJOURNMENT
Adjourned to the Ukiah Redevelopment Agency at 11:30:53 PM
Gail Petersen, City Clerk
ITEM NO. 5c
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
August 2, 2006
6:00 p.m.
1. ROLL CALL
The Ukiah City Council met at a Regular Meeting on August 2, 2006, the notice for which being legally
noticed. Roll call was taken at 6:00 p.m. and the following Councilmembers were present: Crane,
McCowen, Rodin, Baldwin, and Mayor Ashiku. Staff Present: City Manager Horsley, Director of Planning
Charley Stump, Community Services Director Sage Sangiacomo and City Clerk Gail Petersen.
2. PLEDGE OF ALLEGIANCE was led by public member Benj Thomas
3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Proclamation Declaring August as Breastfeeding Awareness Month - Rodin 6:08:33 PM
Councilmember Rodin read and presented the Proclamation to Tess O'Connell.
4. PETITIONS AND COMMUNICATIONS
None
1
APPROVAL OF MINUTES (items "a" through "d" continued from July 19, 2006 Regular
Meeting) defer consideration of the minutes at this time6:! 1:!7 PM
a. Regular Meeting Minutes of April 19, 2006
b. Regular Meeting Minutes of June 21,2006
c. Special Budget 06-07 Workshop Meeting Minutes of June 28 and 29, 2006
d. Regular Meeting Minutes of July 5, 2006
e. Regular Meeting Minutes of May 17, 2006
6,
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.
Read by Mayor Ashiku
7. CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City
Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event
the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the
Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
MfS McCowe/Baldwin to approve Consent Calendar
a. Award of Bid for 35,45,50,55 and 70 Foot Class 3 Western Red Cedar Poles to J.H.
Baxter Co. in the amount of $21,243.99
b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
c. Notification to Council Regarding a Three-Year Contract in the Amount of
$28,439.04 with Evergreen Job & Safety Training to Provide Onsite Job
and Safety Training to the Electric Department
d. Award of Bid for New 3,4 Ton Fire Department Pick-up truck to Maita Chevrolet Olds
e Component Award of Bid to Minor Rubber Co., Inc. Hydroelectric Plant Tainter Valve
Modification, Ordering of Long Lead Times
Motion carried by the following roll call vote: AYES: Councilmember Crane, Rodin,
McCowen, Baldwin and Mayor Ashiku. NOES: None ABSTAIN: None
ABSENT: None
8. 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.
Public Comment:
Steve Scalmanini requested the City Council reconfirm the City's position on the Ukiah
Valley Area plan advising the County will be voting on this matter Tuesday, August 8th, to
contract with a consulting firm known as "MIG". City Manager Horsley to provide copies
of the proposal to the Council.
.
PUBLIC HEARINGS (6:15 PM) 6:14:56 PM
a. Adoption of Findinqs and Final Action on Hull/Piffero Use Permit Application
City Attorney Rapport reiterated the action taken at the July 19th meeting, directing staff
to prepare the findings opposing approval of the Use Permit. Attorney Rapport stated he
had received an e-mail on Govemment Code Section 434.5 regarding the right to fly the
flag, stating no individual should be restricted from displaying the flag on private property.
The City can impose reasonable time, place and manner restrictions for displaying the flag
however, no restriction shall take place on purely aesthetic concerns. The findings
presented by staff are consistent with the General Plan and Zoning code regulating
development.
PUBLIC HEARING OPENED 6:34:33 PM
Voicing support of approval of the Use Permit
Joseph John Turri, Michael Caalim, John Graft, Myron Sawicki (citing Civil Code Section
1353.5), Phil Ashiku, Jim Mulheren, Kevin Orr, Ric Piffero, William Evans
Voicing opposition of approval of the Use Permit
MaryAnn Miller, Paulette Arnold, Steve Scalmanini, Larry Puterbaugh, Pinky Kushner
Voicing opinion that the Council has combined the matter of the flag pole with the flag:
Michael Caail, Lisa Mammina
Voicing opinion that there are other serious matters the City Council needs to address:
Benj Thomas
Jimmy Rickel stated that the flag pole in Todd Grove Park was dedicated to the Viet Nam
Veterans
Applicant Ric Piffero stated he and his partner will continue to fly the flag, referencing an e-
mail from his partner, Dave Hull dated August 2, 2006, regarding Government Code
Section 434.5. Mr. Piffero requested the Council approve the Special Use Permit
application. In response to Councilmember McCowen, Mr. Piffero stated that the height
of the original flagpole, which had been in place for several years, was 32'8". When asked
if he would decrease the height of the pole to 32.5 feet, and the size of the flag to what it
was previously, Mr. Piffero responded he did not wish to change the pole or flag.
M/S Crane/McCowen move that the Use Permit Application 06-13 be approved in
accordance with the staff recommended action for the Council meeting of July 19, 2006.
Councilmember Crane stated he wishes to make it clear that in order to receive three
supporting votes, a compromise may be necessary.
Motion revised by Councilmember McCowen and accepted by Councilmember Crane,
to approve the use permit subject to a height of 32.5 feet above the grade;
Ric Piffero stated he and his partner are not willing to accept the compromise.
The discussion regarding a site-visit and whether Council members have viewed this site
followed with City Attorney Rapport explaining the City Council's policy.
Councilmember Baldwin and Mayor Ashiku announced they had visited the site.
PUBLIC HEARING CLOSED at 7:38
Mayor Ashiku addressed Councilmembers and the public regarding the importance of
accurate facts and findings, asking Councilmembers McCowen and Crane to reconsider
their position.
City Attorney Rapport stated he did not have enough time to analyze Civil Code 1353.5,
prior to this meeting and would like to look at the statue.
Consensus of the Council was to continue the item to September 20, 2006.
Recess 8:0! :09 PM to 8:07 PM
Due to the length of the Public Hearing, agenda items requiring immediate
consideration will be considered first.
10. UNFINISHED BUSINESS
c. Consideration and Action to approve a Ballot Argument Regarding theMeasure
to Increase the Hotel and Motel Room Tax; discuss and Adopt Proposed Resolution
the Use of Said Tax 8:08:24 PM
M/S Rodin/Baldwin to approve adoption of the ballot argument.
Public Comment:
Jim Mulheren stated that the Chamber of Commerce was advised of the proposed
Resolution after it was presented to Council in draft form.
Public Comment Closed:
Motion carried by the following roll call vote: Councilmember Crane, Rodin, McCowen,
Baldwin and MayorAshiku. NOES: None ABSTAIN: None ABSENT: None
M/S Rodin/ Baldwin approve Resolution establishing allowable uses of hotel-motel
occupancy tax revenues resulting from an increase in the tax rate from 8% to 10%
Motion carried by the following roll call vote: Councilmember Crane, Rodin, McCowen,
Baldwin and Mayor Ashiku. NOES: None ABSTAIN: None ABSENT: None 8:22:14
PM
10. UNFINISHED BUSINESS
d. Adoption of Ordinance Amendin.q Ukiah City Code Section 1151, Re.qardinp
Appointment of Planninq Commission Members- continued from 7/19106 8:22:29
Councilmember Baldwin read his letter urging Councilmember reconsider revising the
current appointment process of Planning Commission members.
Public comment opened: 8:27:12 PM
Steve Scalmanini stated that if this Ordinance is passed, it is a blatant double standard. He
reiterated that censoring or terminating a Planning Commissioner who is a problem, is
currently addressed in the Ordinance. He encouraged Council to reconsider changing the
Ordinance.
M/S McCowen/Ashiku move to adopt an Ordinance amending Ukiah City Code Section
1151, regarding appointment of Planning Commission members. Motion carried by the
following roll call vote: Councilmember Crane, McCowen, and Mayor Ashiku. NOES:
Rodin, Baldwin ABSTAIN: None ABSENT: None
10. UNFINISHED BUSINESS
b. Award of Contract to Fisher & Hall Urban Design for the Downtown/Perkins
Street Community viSioninq and Form Based Zoninq Code Project and Budqet
Amendment
Councilmembers Crane and Rodin were recused at 8:32 pm
Planning Director Stump briefly reviewed the interview process, stating the panel's
recommendation is to award the contract to Fisher & Hall Urban Design. Director Stump
further stated he believes that with a staff member assigned to the project and with the
trainings that will be provided by the Contractor, this concept could be used in other
areas of the City with City staff taking the lead.
Public Comment:
Mari Rodin speaking as a citizen, stated that the contract includes pre-meetings with staff
and planning for the Criminal Justice Center is crucial.
Public Comment Closed:
M/S McCowen/Baldwin approval of the recommended action to award the contract for the
Perkins Street Community Visioning and Form Based Code project to Fisher & Hall Urban
Design and to approve a budget amendment to add $15,200 to Account No.
100.1501.250.000. Motion carried by the following roll call vote: Councilmember
McCowen, Baldwin and MayorAshiku. NOES: None ABSTAIN: None
ABSENT: Councilmember Crane, Rodin
Councilmember McCowen was excused from the meeting at 8:45 pm
Councilmembers Crane and Rodin returned to the dias at 8:45 pm.
10. UNFINISHED BUSINESS
a. Receive Status Report Concernin.q Si.qn Ordinance Enforcement Activities and Provide
Direction to Staff - Continued from July 19, 2006
Received report.
11. NEW BUSINESS
a. Review of Proposals and Selection of Second Consultin.q Firm to
Perform Structural Enqineerin.q Plan Check and Substitute Buildinq
Inspection Service
Planning Director Stump stated that of the three proposals received, Philips Group
met the requirements and confirmed measures to ensure adherence to City's deadlines.
Brief discussion followed with consideration to post on the City's website, a tracking of the
plan checks and building inspections which would encourage the contractor to meet
deadlines and provide up-to-date information to the client.
M/S Rodin/Crane motion to approve Phillips Group as the City's second structural
engineering and substitute building consulting firm. Motion carried by the following roll call
vote: Councilmember Crane, Rodin, Baldwin and Mayor Ashiku. NOES: None ABSTAIN:
None ABSENT: McCowen
APPROVAL OF MINUTES (items "a" through "d" continued from July 19, 2006 Regular
Meeting)
Mis Rodin/McCowen to approve the Minutes as submitted:
a. Regular Meeting Minutes of April 19, 2006
b. Regular Meeting Minutes of June 21,2006
c. Special Budget 06-07 Workshop Meeting Minutes of June 28 and 29, 2006
d. Regular Meeting Minutes of July 5, 2006
e. Regular Meeting Minutes of May 17, 2006
Motion unanimously carried by an "AYE" voice vote.
12. COUNCIL REPORTS
Councilmember Baldwin requested Decorum (Rules of Order) be agendized within weeks.
Councilmember Crane requested formal detachment of the North Fire Station and
information relative to jurisdiction and other boundary matters be brought back to Council on
August 16, 2006.
13. CITY MANAGER/CITY CLERK REPORTS
None
14. CLOSED SESSION 0:0!:o0 PM
a. Conference with Real Property Negotiators (GCS 54956.8)
Property: 107 South Oak Street, Ukiah
Agency Negotiator: Candace Horsley
Negotiating Parties: City of Ukiah/Saturday Afternoon Club
Under Negotiation: Price and terms of payment
b. Conference with Legal Council-Anticipated Litigation (GCS 5496.9C)
Initiation of Litigation (1 Case)
15. ADJOURNMENT
There being no further business, the meeting was adjourned at 10:05 PM
Gail Petersen, City Clerk
.
1
.
1
1
Sa
a
ITEM NO. 5d
CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting Minutes
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
August 16, 2006
6:00 p.m.
ROLL CALL 6:04:31 PM
Councilmembers Present: Crane, McCowen, Baldwin and Mayor Ashiku.
Councilmember Absent: Rodin
Staff Present: City Manager Horsley, City Attorney Rapport and City Clerk Petersen
PLEDGE OF ALLEGIANCE
Led by Mayor Ashiku
Mayor Ashiku stated that an "Urgency Item - Rejection of Bid for Lake Mendocino Hydroelectric
Plant Tainter Valve Modification Project" has been included in the Agenda packet, asking for
Council to take action to agendize the item stating Council action would prevent undue delay in
construction and action to reject the bid is required prior to the next regularly scheduled meeting.
M/S Baldwin/McCowen to place the Urgency Item on the agenda. Motion carried by the
following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor Ashiku; NOES: None;
ABSTAIN: None; ABSENT: Rodin
Item agendized under .New Business Item 11.g.
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
None
PETITIONS AND COMMUNICATIONS
None
APPROVAL OF MINUTES
M/S McCowen/Baldwin to approve Agenda Items. 5 a. 5.b and 5.c as submitted
a. Special Meeting Minutes of May 31,2006
b. Regular Meeting Minutes of June 7, 2006
c. Special Meeting Minutes of July 20, 2006 - Fire Master Plan
Motion carried by a unanimous voice vote with Councilmember Rodin absent
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.
CONSENT CALENDAR
The following items listed are considered routine and will be enacted by a single motion and roll
call vote by the City Council. Items may be removed from the Consent Calendar upon request of
a Councilmember or a citizen in which event the item will be considered at the completion of all
other items on the agenda. The motion by the City Council on the Consent Calendar will approve
and make findings in accordance with Administrative Staff and/or Planning Commission
recommendations.
M/S Baldwin/McCowen to approve Consent Calendar items "a" through "1" as follows:
a. Report of Disbursements for the Month of July 2006
b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
c. Rejection of Claim for Damages Received From Corey Gray and Referral to the Joint
Powers Authority, Redwood Empire Municipal Insurance Fund
d. Approve Purchase of GIS ARCHINFO Software from ESRI in an Amount Not to Exceed
$12,500
e. Notification to Council Concerning Purchase of a RACO Verbatim Alarm Autodialer with
Cellular Capabilities from Jensen Instrument Company for the Amount of $5899.31 plus
Shipping
f. Notification of the Purchase of Two Chessall Model 392 Chart Recorders from MANCO for
the Amount of $6,185.20
g. Notification to Council Concerning the Purchase of One Chemtrac Streaming Current
Monitor Model SCM2500XRD from Vineyard Sales for the Amount of $6,195.63 plus
Shipping
h. Authorization to Accept Proposal for Department Head Classification and Compensation
Study in Amount of $10,750
i. Notification to Council Concerning the Emergency Repair of the Generator Unit at the
Water Treatment Plant by Cummins-West in amount of $5,334.34
Award of Bid To Lake County Electric Supply for the Purchase of Light Fixtures for the
Renovation of the Lighting Systems for Fields I and 2 at the Ukiah Sports Complex in the
Amount of $38,732.25
k. Approve 2005 Waste Generation Study for the City of Ukiah to the California Integrated
Waste Management Board on Progress in Reducing Solid Waste and Creating a New
Base Year Study for 2005
I. Award of Bid for the Purchase of Three Toyota Prius Hybrid Vehicles and One Toyota
Camry Hybrid Vehicle from Hansel Toyota in the Amount of $107,812.19 and Approve
Budget Amendment in the Amount of $7,812.19
m. Report to City Council Regarding the Purchase of Replacement Ballasts and Lamps from
Lake County Electric and Supply for Anton Stadium and Other Various Park Facilities in
the Amount of $5,014.98
Motion carried by the following roll call vote: AYES; Crane, McCowen, Baldwin and Mayor
Ashiku NOES: None ABSTAIN: None ABSENT: Rodin
aw
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.
None
Se
PUBLIC HEARINGS (6:15 PM)
None
10.
UNFINISHED BUSINESS
None
11.
NEW BUSINESS
a. Introduction of Ordinance Amendinq Ukiah City Code Sections 1521 And 1522
Governinq Procurement Procedures 6:00:08 P]VI
City Attorney Rapport reported changes to page 6 of the proposed Ordinance: Under "C" Other
Contracts, 1 .c. third line: Change "C.4" and "C.5" to "C2" and C3"; and, delete the reference to
water. City Attorney Rapport stated he had discussed with a member of the Uniform Public
Construction Cost Accounting Commission whether certain city utility systems, such as the
electric utility, are exempt from the public bidding requirements of the Uniform Public Construction
Cost Accounting Act. The Commissioner has offered to present this issue to the State Controller,
if the City Attorney submits the question in writing to the Commissioner. The Controller has the
authority to request an Attorney General Opinion on the issue. Discussion followed regarding the
use of contractors' lists, including the formal bidding list, when soliciting proposals for various
types of goods and services. The City Attorney agreed to revise the ordinance, after consulting
with the Purchasing Officer, to address the use of bidders' lists and to report back information on
the Commission investigation of bidding irregularities in the City of Redding.
He agreed to bring this item back at the regular City Council meeting of September 6, 2006.
b. Review and Discussion of Airport Commission Application Process - McCowen
6:28:13 PM
Councilmember McCowen reported that the recent appointment to several Commissions and
Boards brought this matter to his attention, as the appointment practices are not consistent. A
brief discussion ensued with Councilmembers concurring that the discussion of this matter should
be continued until Councilmember Rodin is available.
Matter continued to a Special Meeting on Monday, August 21, 2006.
c. Discussion and Possible Action on Residency Requirement for City Boards and
Commissions - McCowen 6:39:04 PM
Councilmember McCowen stated he believes it would be valuable to have the opportunity for
County residents to have a voice on the City's boards and commissions and to eliminate the
current requirement that County residents must reside within the City's sphere of influence..
Representation on these boards or commissions would be filled by City residents, with a minority
being filled by county residents.
Public Comment Opened
Judy Pruden stated that it could be beneficial to have a broader area to recruit individuals from
who may obtain the skill sets that are needed. Ms Pruden additionally stated that non-city
residents are not familiar with the city's processes, codes and procedures.
Staff was directed to identify the purpose of each board and commission, and to look at those
boards or commissions that could be combined.
Matter continued to a Special Meeting on Monday, August 21, 2006.
d. Discussion of the North Fire Station Property Detachment from the City of
Ukiah6:57:14 PM
City Manager Horsley advised that the North Fire Station sold in 2003. The sale automatically
resulted in detaching the property from the City. For LAFCO purposes, a resolution adopted by
the City Council which detaches the property from the City is required.
Discussion followed regarding looking at existing boundaries to ensure they are up to date.
Consensus of the Council was to continue this matter and bring back a resolution formalizing the
detachment from the City, at the September 6, 2006 meeting. Staff was also asked to bring back
a list of City properties outside the city limits, showing which ones were annexed or not, and
where the City serves water outside its boundaries.
e. Discussion and Direction Reqardin,q League of California Cities ResolutionsT:07:20
PM
Councilmembers unanimously agreed that the City's delegate to the League of California Cities,
Councilmember Rodin, be authorized to exercise her judgment in deciding how to vote on
12.
13.
14.
15.
resolutions being brought before the delegates at the Annual Conference.
f. Discussion of Succession Planninq 7:09:48 PM
Matter continued to a Special Meeting on Monday, August 21, 2006 when Councilmember
Rodin will be present.
g. Urgency Item - Reiection of bid for Lake Mendocino Hydroelectric Plant Tainter
Valve Modification Project 7:12:52 PM
Councilmember Crane questioned whether the repair of the tainter valve could be performed by
City staff and questioned if it would be practical to divide the work down changing the scale and
make it more attractive to local contractors.
M/S Crane/Baldwin move to reject the bid from Richardson Engineering Contracts in the
amount of $419,454.
Public Comment Opened
No response from the public
Public Comment Closed
Staff directed to look at the feasibility of breaking the project into components and going out to
bid. If not feasible, proceed with staff recommendation.
Councilmember Crane to discuss matter with Mead and Hunt, the City's Engineers on this
project, and with Murray Grande, Interim Utility Director.
Motion carried by the following roll call vote: AYES: Crane, McCowen, Baldwin and Mayor
Ashiku; NOES: None; ABSTAIN: None ABSENT: Rodin
COUNCIL REPORTS 7:20:51 PM
None
CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley handed out information that Congressman Mike Thompson will be
presenting certificates of appreciation to the Swift Water Rescue Team in recognition of their
efforts during the floods in January 2006, on Friday August 18, 2006.
City Attorney Rapport reported the Ordinance agendized for July 19, 2006 to amend the City of
Ukiah's Campaign finance Reform Law was introduced however, adoption was not agendized for
the August 2, 2006 meeting and final adoption did not occur. Council asked to consider adopting
this matter at a Special meeting on Monday, August 21, 2006.
CLOSED SESSION
ADJOURNMENT
Meeting adjourned to sit as the Ukiah Redevelopment Agency at 7:26:09 PM
Reconvened at 7:44 PM
There being no further business, meeting adjourned at 7:44:21 PM
Gail Petersen, City Clerk
CITY OF UKIAH
CITY COUNCIL AGENDA
MINUTES
Re_~ular Adiourned Meetinq
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
August 28, 2006
6:00 p.m.
ITEM NO. 5e
The Ukiah City Council met prior to a Regular Adjourned Meeting on August 28, 2006, the notice
for which being legally noticed on August 24, 2006. Mayor Ashiku called the meeting to order at
6:00 pm. Roll was taken and the following Coun¢ilmembers present: Crane, McCowen, Rodin,
and Baldwin and Mayor Ashiku. Staff present: City Manager Horsley, Risk Manager/Budget
Officer Goodrick, City Attorney Rapport and City Clerk Petersen
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.
,,
m
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If them is a matter of business on the agenda that you
are interested in, you may address the Council when this matter is considered. If you wish to speak on a
matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit
your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown
Act regulations do not allow action to be taken on audience comments in which the subject is not listed on
the agenda.
UNFINISHED BUSINESS
a. Adoption of Ordinance Amending Ukiah Political Reform Act
City Manager Horsley advised that the Ordinance amending Ukiah's Political Reform Act reflects
action taken at the August 21,2006 meeting, revising the Ordinance to;
. make the opportunity for Voluntary Spending Limit Candidates and Committees to post a
candidate picture and statement on the city's website upon payment of the actual cost to
the City for posting those statements for the November 7, 2006 election;
· prohibits reference in the statements to a political party affiliation or partisan political
membership, endorsements or activity;
M/S Rodin/McCowen adopting the Ordinance Amending Ukiah's Political Reform Act
Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin and Mayor Ashiku;
NOES: None; ABSTAIN: None ABSENT: Baldwin
Councilmember Baldwin arrived at 6:12 PM.
b. Discussion on Mayor Appointment Process
Councilmembers discussed the selection process concurring that after the November 7, 2006
election where three City Council seats are determined, the senior councilmember will convene the
first meeting. The new Council will decide what selection process to follow.
c. Discussion on Councilmember Compensation, Cost of Living Increase and Voluntary
Service
Sue Goodrick, Risk Manager/Budget Officer stated the existing Ordinance must be amended if an
increase is made and would not take effect until after the November 7, 2006 election.
Councilmembers discussed the issues of public perception, consideration of voluntary service, as
well as reviewed the calculations identified within the Agenda Summary Report which were based
on the Consumer Price Index and provided calculations of 1% to 5% for period March 2002 to
2006. Councilmembers Baldwin, McCowen and Rodin were in favor of a cost of living increase.
Councilmember Crane supported an increase based on the Consumer Price Index for the last year
only. Mayor Ashiku requested Councilmembers consider voluntary service. Councilmember Rodin
stated that a Councilmember could chose to decline the salary should they desire to do so.
M/S Baldwin/Rodin to approve a 1% a year cost of living increase. Motion carried by the
following roll call vote: AYES: McCowen, Baldwin and Rodin; NOES: Crane and Mayor Ashiku;
ABSTAIN: None; ABSENT: None
d. Adoption of Resolution on the North Fire Station Property Detachment from the City of
Ukiah
M/S Rodin/Crane to adopt Resolution confirming the detachment of the North Fire Station
Property. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin
and Mayor Ashiku NOES: None; ABSTAIN: None; ABSENT: None
.
NEW BUSINESS
a. Discussion And Possible Amendment Of Resolution No. 2006-68~ Adopted August 27
2006~ Entitled: Resolution of the City Council of the City of Ukiah Establishinq Allowable
Uses of Hotel-Motel Room Occupancy Tax Revenues Resulting from an Increase in the
Tax Rate from 8% to 10%~ Specifyin.q Expenditure of New Revenue Should the Room
Occupancy Tax be Increased. 6:37:19 PM
Councilmember McCowen reviewed what has occurred to date and recent action taken by the
Board of Directors of the Greater Ukiah Chamber of Commerce on August 23, 2006 wherein the
Chamber would endorse the ballot measure (Measure X) if revisions to Resolution 2006-68,
adopted August 2, 2006, are made as follows:
· The share of new revenue directed to promotion of the City of Ukiah and its tourism
industry be increased to 75% for the first two years;
· The Revenue for promotion of the City and its tourism industry be administered by the
Greater Ukiah Chamber of Commerce subject to a performance agreement with the City
of Ukiah;
· The city to maintain the current level of contract for service funding that is currently
budgeted through the Ukiah Redevelopment Agency for tourism, promotion and economic
development.
Discussion followed regarding the performance agreement and intent to include a work plan which
would delineate how funds are to be spent and that no more than 10% be allowed for
administration. It is intended that a committee comprised of representatives from the Wine and
Wine Grape Commission, new Business Improvement District, Chamber of Commerce, City of
Ukiah, Ukiah Main Street Program, local hotelier and interested parties will be formed to develop
the work plan..
Public Comment Opened 6:41:22 PM
Speaking on the proposal:
Scott Cratty, who recommending the City's Economic Development Coordinator be actively
involved; Joy Beeler who advocated that funds reserved for commercial beautification should be
used to update and implement the Downtown Master Plan which was developed in 1989; and
Debra Watson spoke as a member of the Chamber and urged approval of the amended resolution.
Public Comment Closed 6:54:17 PM
Consensus of the Councilmembers was that in order to secure funding sources that will be
designated for the promotion of the local tourist industry, a collaboration of stakeholders working
toward the same goal is necessary.
Sa
a
.
Sm
M/S McCowen / Crane to adopt the amended version of Resolution 2006-68. Motion carried by
the following roll call vote: : AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku NOES:
None; ABSTAIN: None; ABSENT: None
COUNCIL REPORTS
Councilmember Crane - reported that members of the Ukiah Valley Sanitation District are
learning about what their roles and responsibilities are.
Councilmember Rodin reported she was one of ten participants in the League of California Cities
Civic Leadership Program which focused on housing and infrastructure.
Mayor Ashiku reported both he and Councilmember McCowen attended an Annexation
Subcommittee meeting. He additionally requested a status update on the landfill and Hopland
Reservoir Project from City Manager Horsley
CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley advised that Interim Finance Director Elton has been asked to review the
State formula for the landfill in this year's budget. Additionally, an update from the City Engineer
regarding time frames will be forwarded to the City Council. In response to the request for updated
information on the Hopland Reservoir, City Manager Horsley responded she would forward
information when it is available. 7:30:07 PM
CLOSED SESSION Meeting adjourned to Closed Session at 7:31 PM
a. Public Employee Appointment (Government Code Section 54957e)
Title: City Manager
No Action taken in Closed Session
ADJOURNMENT
There being no further business, meeting adjourned at 9:45 PM
Gail Petersen, City Clerk
AGENDA
SUMMARY
ITEM NO 7a
DATE: September 6, 2006
REPORT
SUBJECT:
REPORT OF ACQUISITION OF SECOND SET OF 24 LENGTHS OF 2-1/2 INCH
FIRE HOSE FROM JAECO FIRE AND SAFETY IN THE AMOUNT OF $8,094.18
PLUS FREIGHT
SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council
regarding purchases between $5,000 and $10,000. In accordance with the above mentioned
section this report is submitted to the City Council regarding the acquisition of fire hose as part of
the Department's ongoing Fire Hose Replacement Program. This hose will be used to replace
hose that is being taken out of service and will complete this year's acquisition of this size hose.
The Fire Department utilizes an assortment of sizes and types of fire hose in order to carry out its
mission. Much of the hose is in excess of 15 to 20 years old and has begun failing its annual test.
In light of this fact, Staff requested and Council approved within the Department's 06/07 budget,
funds specifically identified for the replacement of fire hose (100.2101.800.000). This purchase of
2-1/2 inch hose is a continuation of the prior order of Jaeco fire hose recently received and is
consistent with the budget request.
RECOMMENDED ACTION: Receive report regarding acquisition of additional 24 lengths of 2-1/2
inch fire hose from Jaeco Fire and Safety in the amount of $8,094.18 plus freight.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Kurt Latipow, Fire Chief
Prepared by: Kurt Latipow Fire Chief
Coordinated with: Mary Horger, Purchasing Supervisor and Candace Horsley, City Manager
Attachments: None
APPROVED:
Candace Horsley, City Manage,
AGENDA
SUMMARY
Item No 7b
Date: September 6, 2006
REPORT
SUBJECT:
AWARD OF BID TO NESCO SALES & RENTALS FOR THE PURCHASE
OF A CARGO REEL/POLE DOLLY IN THE AMOUNT OF $26,227.91 AND
UNDERGROUND CABLE PULLER IN THE AMOUNT OF $91,536.77
The purchase of a new cargo reel/pole dolly and underground cable puller is requested to
replace extremely aged equipment currently in use by the electric department. Outright
purchase of this equipment is preferred over lease or rental due to frequent needed use.
Potential "down time" impacting availability of equipment when needed, as well as
expensive repair associated with the purchase of used or dated equipment resulted in
staff's determination that the purchase of new equipment was the best option for the City. A
Request for Quotation was sent to the two Hogg & Davis dealers in our region for the
purchase of the cargo reel/pole dolly and underground cable puller. Nesco Sales & Rentals
was the lowest overall bidder, the cargo reel/pole dolly in the amount of $26,227.91 and the
underground cable puller in the amount of $91,536.77.
The purchase of an underground cable puller was budgeted in Account Number
800.3729.800.000 and the cargo reel/pole dolly in Account Number 800.3728.800.000.
RECOMMENDED ACTION: Award bid totaling $117,764.68 to Nesco Sales & Rentals for
the purchase of a cargo reel/pole dolly in the amount of $26,227.91 and underground cable
puller in the amount of 91,536.77.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and provide direction to staff.
Citizen Advised: N/A
Requested by: Colin Murphey, Interim Electrical Supervisor
Prepared by: Colin Murphey, Interim Electrical Supervisor
Coordinated with: Candace Horsley, City Manager
Attachment: 1. Bid Results
Candace Horsley, City Manager ~,
Attachment 1
BID RESULTS
HOGG DAVIS CARGO REEL/POLE DOLLY AND UNDERGROUND CABLE PULLER
Nesco Sales & Rentals
Cargo Reel/Pole Dolly
$26,227.91
Underground Cable Puller
$91,536.77
Terex Utilities
$26,091.39'
$96,597.61
* Terex Utilities was Iow bid on Cargo Reel/Pole Dolly but Nesco Sales & Rentals pricing
only valid if both units purchased
AGENDA
SUMMARY
Item No 7c
Date: September 6, 2006
REPORT
SUBJECT:
NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR
3,000 FT. OF 750 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE
TO HUGHES SUPPLY IN THE AMOUNT OF $7,392.73
A Request for Quotation was sent to seven suppliers for 3,000 ft of 750 MCM aluminum,
600V, single conductor cable. Three bids were received. Hughes Supply was issued a
purchase order in the amount of $7,392.73. The significant difference in quotes (refer to
Attachment 1) was due to the fact that Hughes Supply had the specified cable in stock
while the other bids were for imported cable.
This cable will be placed in warehouse stock for planned future projects and has been
budgeted in the 2006/07 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 Hughes
Supply in the amount of $7,392.73
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Colin Murphey, Interim Electrical Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
APPROVED:
Candace Horsley, C~ty Manage
Attachment 1
BID RESULTS
3000' 750 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE
Hughes Supply
$7,392.73
Lake County Electric
$17,196.90
G.E. SUPPLY $19,175.19
AGENDA
SUMMARY
Item No 7d
Date: September 6, 2006
REPORT
SUBJECT:
NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR
5,000 FT. OF 500 MCM ALUMINUM, 600V, XLP SINGLE CONDUCTOR
CABLE TO HUGHES SUPPLY IN THE AMOUNT OF $9,126.43
A Request for Quotation was sent to nine suppliers for 5000 ft of 500 MCM aluminum,
600V, ×LP single conductor cable. Four bids were received. Hughes Supply was issued a
purchase order in the amount of $9,126.43.
This cable will be placed in warehouse stock for planned future projects and has been
budgeted in the 2006/07 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
Hughes Supply in the amount of $9,126.43 for 5,000 ft. of 500 MCM aluminum, 600v,
XLP single conductor cable.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Colin Murphey, Interim Electrical Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Attachment: 1. Bid Results
APPROVED: ~' .,~"~
Candace Horsley, City Manager
Attachment 1
BID RESULTS
5000' 500 MCM ALUMINUM, 600V,XLP SINGLE CONDUCTOR CABLE
Hughes Supply
$9,126.43
Lake County Electric
$9,778.31
JCH Wire & Cable
$10,936.63
G.E. Supply Company $21,011.25
AGENDA
SUMMARY
Item No 7e
Date: September 6, 2006
REPORT
SUBJECT:
AWARD OF BID FOR 9,000 FT. OF 4/0 AWG AL, 15 KV, EPR
INSULATED, SINGLE CONDUCTOR, JACKETED CONCENTRIC
NEUTRAL UNDERGROUND CABLE. TO THE OKONITE COMPANY IN
THE AMOUNT OF $27,899.71
A Request for Quotation (R.F.Q.) was sent to nine suppliers for 9,000 ft. of 4/0 Al, 15 KV,
EPR insulated single conductor, jacketed concentric neutral single underground cable. Five
bids were received by the Electric Department on August 11,2006. Staff evaluated the bids
and the lowest bidder was The Okonite Company with a total bid of $27,899.71 including
tax and freight. This cable will be placed in warehouse stock for planned future projects and
has been budgeted in the 2006/2007 Fiscal Year in Account Number 800.3646.690.000.
Sufficient funds are available.
RECOMMENDED ACTION: Award bid for the purchase of 9,000 ft. of 4/0 AWG Al, 15 KV,
EPR insulated, single conductor, jacketed concentric neutral underground cable to The
Okonite Company in the amount of $27,899.71.
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to
staff.
Citizen Advised: N/A
Requested by:
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Attachment: 1. Bid results
APPROVED:
Candace Horsley, City Manag~
Attachment 1
BID RESULTS
9000' 4/0 AWG ALi 15KV EPR, JACKETED CONCENTRIC NEUTRAL UNDERGROUND
CABLE
The Okonite Company
Huges Supply
Champion Wire & Cable*
Pirelli Cable Corporation
American Wire Group**
$27,899.71
$29,O82.5O
$31,856.29
$41,990.18
$45,966.15
*Quoting XLP specified EPR
**Quantity 10,000'
ITEM NO. 7f
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT:
REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM RACHELL L.
BOEN AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD
EMPIRE MUNICIPAL INSURANCE FUND
A Claim for Money or Damages Against the City of Ukiah was received from Rachell L. Boen
on August 21,2006 alleging damages from an injury which occurred at the Men's Softball Field
while watching a ballgame on June 26, 2006. The claim from Ms. Boen indicates she obtained
a broken nose/facial injury when a ball thrown from the Softball field struck her nose/face.
Pursuant to City policy, it is recommended the City Council reject the claim as stated and refer
it to the Redwood Empire Municipal Insurance Fund (REMIF). A copy of the Claim is attached.
RECOMMENDED ACTION: Reject claim for damages received from Rachell L. Boen and
refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund.
ALTERNATIVE COUNCIL POLICY OPTIONS:
Alternative action not advised by the City's Risk Manager.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Yes
Claimant
Sue Goodrick, Risk ManagedBudget Officer
Candace Horsley, City Manager
1. Claim of Rachell L. Boen dated August 21,2006, pages 1-3.
Candace Horsley, City Mana~ler
File With:
City Clerk's Office
City of Ukiah
300 Seminary Ave
Ukiah, CA 95482
CLAIM FOR MONEY OR
DAMAGES AGAINST
THE CITY OF UKIAH
RESERVE FOR FILING STAMP
CLAIM NO.
JUL 28 2001i
B Y: ...~....-'.~
A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall show the following:
If additional space is needed to provide your information, please attach sheets, identifying the Paragraph(s)
being answered.
Name and address of the Claimant:
Name of Claimant: ~
Address: ';~---~~-
.
Address to which the person presenting the claim desires notices to be sent:
Name of Addressee: ~ Telephone: ~~-(,.O~.
A ess. 2-O(.0 C._
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence:q. JtA, KL¢... ~.../,,~, ¢ Z.OO(,,:¢, Time of Occurrence:
Circumstances giving rise to this claim:
General description of the indebtedness, obi gation, injury, damage or loss incurred so far as it may be known at
the time of the presentation of the claim.
The name or names of the public employee or employees causing the injury, damage, or loss, if known.
FAXED TO REMIF ..... ~/...~..,~ ~.
DATE
Page I of 3
If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of
computation of the amount claimed.
Amount Claimed and basis for computation: ~~_. . _¢~-¢
If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar
amount shall be included in the claim. However, it shall indicate whether the claim w~uld be a limited civil case.
A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not
exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP §
86.)
[---r Limited Civil Case _[~"~nlimited Civil Case
IYou are required to provide the information requested above in order to comply with Government Code1
§910.
.
.
10.
Claimant(s) Social Security Number(s): (optional)
55-q - l-Ot3
Claimant(s) Date(s) of Birth:
·
Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted'
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
11.
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 3
READ CAREFULLY
For all accident claims, place on the following diagram the name
of streets, including North, East, South, and West; indicate place
of accident by "X" and by showing house numbers or distances to
street corners. If City of Ukiah vehicle was involved, designate
by letter "A" location of City of Ukiah vehicle when you first saw it,
and by "B" location of yourself or your vehicle when you first saw
City of Ukiah vehicle; location of City of Ukiah vehicle at time of
accident by "A-I" and location of yourself or your vehicle at the
time' of the accident by "B-I" and the point of impact by "X."
NOTE: If diagrams below do not fit the situation, attach hereto a
proper diagram signed by claimant.
CURB
SIDEWALK
PARKWAY
SIDEWALK
CURB
Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures
§1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later
determined not to have been brought in good faith and with reasonable cause.
Signature: " Date:
Page 3 of 3
ITEM NO. 7g
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT:
REPORT TO CITY COUNCIL REGARDING THE ANNUAL PURCHASE
OF 50 TONS OF TOP DRESSING SAND AND 50 TONS OF #20 DEEP
CORING SAND FOR THE UKIAH MUNICIPAL GOLF COURSE FROM
BORGES TRANSFER IN THE AMOUNT OF $6,116.97
Pursuant to the requirements of Section 1522 of the Ukiah Municipal Code, staff is filing
with the City Council this report regarding the annual purchase of 50 tons of top dressing
sand and 50 tons of #20 deep coring sand for the Ukiah Municipal Golf Course from
Borges Transfer in the amount of $6,116.97. Bids were sent to all known suppliers of top
dressing and deep core sand that meets the standards established by the United States
Golf Association. Two of the four vendors returned bids with Borges Transfer submitting
the lowest bid. The following table lists the complete bid results for review. This item is
budgeted in the 695.6120.690.000 account.
Bid Summary
Suppliers
Borges Transfer
BCJ Sand & Rock, Inc.
ITop Dressing
$42.79 per ton, plus tax
$44.25 per ton, plus tax
Deep Coring Sand
$70.75 per ton, plus tax
$74.75 per ton, plus tax
RECOMMENDED ACTION:
Receive report regarding purchase of top dressing sand and #20 deep coring sand from
Borges Transfer in the amount of $6,116.97.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Sage Sangiacomo, Community/General Services Director
Candace Horsley, City Manager, Mary Horger, Purchasing
Supervisor, and Jim Hughes, Golf Supervisor
None
Candace Horsley, City Manag~
AGENDA
SUMMARY
Item No 7h
Date: September 6, 2006
REPORT
SUBJECT:
NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR
4500 FT. OF #2 AWG, 15 KV, EPR INSULATED, SINGLE CONDUCTOR,
JACKETED CONCENTRIC NEUTRAL CABLE TO CHAMPION WIRE &
CABLE IN THE AMOUNT OF $9,939.94
A Request for Quotation was sent to six suppliers for 4500 ft of #2 AWG 15 KV EPR
insulated, single conductor, jacketed concentric neutral cable. Three bids were received;
Champion Wire & Cable was the lowest compliant bidder. A purchase order was issued in
the amount of $9,939.94.
This cable will be placed in warehouse stock for planned future projects and has been
budgeted in the 2006/07 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
Champion Wire & Cable in the amount of $9,939.43.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: Colin Murphey, Interim Electrical Supervisor
Prepared by: Judy Jenney, Purchasing & Warehouse Assistant
Coordinated with: Candace Horsley, City Manager
Attachment: 1. Bid Results
Candace Horsley, City Manager
Attachment 1
BID RESULTS
4500' #2 AWG, 15KV~ EPR INSULATED SINGLE CONDUCTOR CABLE
Champion Wire & Cable
The Okonite Company*
American Wire Group
*Quoting 7500'
$9,939.94
$15,992.79
$16,277.25
AGENDA
SUMMARY
ITEM NO.
DATE:
REPORT
7i
September 6, 2006
SUBJECT: NOTIFICATION TO COUNCIL OF AUTOMATIC INCREASE IN GARBAGE
RATES AND FEES, EFFECTIVE OCTOBER 1, 2006
The provisions of the City's franchise agreement with Solid Wastes Systems, Inc., for the collection,
transportation and disposal of garbage and the recycling of recyclable materials within the City limits
requires an annual adjustment be made to the garbage and recycling collection rates in two of every
three years. This adjustment is calculated by applying a rate factor equal to 75% of the change in the U.
S. Department of Labor, Bureau of Statistics, Consumer Price Index (CPI), U.S. City Average, June to
June (Contract CPI).
In accordance with the contract amendment of 2001, rates were increased in 2002-03, 2003-04, and
2005-06 by the CPI factor as described above. The third year, 2004-05, the City Council conducted a
rate hearing pursuant to UCC Sections 3950-3957, and the franchise agreement, to determine what, if
any, adjustment should be made to the garbage collection and recycling rates, taking into consideration
the annual audits of the contractor's operations and all other factors deemed relevant by the City
Council.
The year October 1, 2006 to September 30, 2007 is the second year of the three year cycle. Therefore an
annual adjustment based on the Contract CPI to be effective for 2006-2007, beginning with bills issued
on or after October 1, 2006 is scheduled. The increase in the Contract CPI from June 2005 to June 2006
of 4.32% (index of 202.9 compared to 194.5) creates an adjustment of 3.24% to the garbage collection
and recycling rates and fees of the previous year.
(continued on page 2
RECOMMENDED ACTION:
Receive and file the report of Garbage Rates and Fees, effective October 1, 2006.
ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Solid Wastes Systems, Inc.
Gordon Elton, Interim Finance Director
Candace Horsley, City Manager, Tim Eriksen, Public Works Director
1. Schedule of Fees and Rates for Residential and Commercial Garbage
Collection services for Fiscal Year 2006-2007
APPROVED:
Candace Horsley, City ~nager
The charges for basic residential and commercial service levels are:
Weekly Curb Service 2005-06 2006-07 Change
I No service-minimum fee $ 3.76 3.88 .12
1 O-gallon container 3.76 3.88 .12
20-gallon container 7.90 8.16 .26
32 gallon container 14.21 14.66 .45
68 gallon container 33.52 34.61 1.09
95 gallon container
1 yard bin
2 yard bin
47.31
90.50
142.60
48.83
1.52
93.43 2.93
147.22 4.62
2006-07 Change
5.99 .19
10.24 .32
17.95 .57
42.16 1.29
60.90 1.90
2006-07 Change
11.98 .38
16.23 .51
23.94 .76
48.15 1.48
66.89 2.09
Weekly Pack-out Service
l10-gallon container
20-gallon container
32 gallon container
68 gallon container
95 gallon container
Weekly Remote Area Service
I1 O-gallon container
20-gallon container
32 gallon container
68 gallon container
95 gallon container
Weekly Bin Service
I1 yard bin
1.5 yard bin
I 2 yard bin
2005-06
5.80
9.92
17.38
40.87
59.00
2005-06
11.60
15.72
23.18
46.67
64.80
2005-06
90.50
106.95
142.60
2006-07
93.43
Change
2.93
110.42 3.47
147.27 4.67
For comparison purposes, the following table lists the rates for Empire Waste Management for the
County-Ukiah rate zone compared to the new rates in the City of Ukiah. With one exception, the SWS
rates are significantly lower than the Empire rates.
Empire
SWS
1 - 10 GAL not available 3.88
1 - 20 GAL 15.17 8.16
1 - 32 GAL 16.79 14.66
1 - 64 GAL 33.62 34.61
1 - 96 GAL 50.43 48.83
Pursuant to the provisions of the Refuse Collection and Recycling Franchise Agreement, no action by the
City Council is necessary. Staff recommends the Council receive and file this report.
GE: Garbage Rates ASR 2006.doc Page 2
FEES AND RATES
FOR RESIDENTIAL AND COMMERCIAL
GARBAGE COLLECTION SERVICES
Fiscal Year 2006-2007
Code
Size/Volume I
Per Week I Rate per
From T_Qo I gallon
Add-on
Fee
Curb Service rates for containers
(measured in gallons) - GC
GC10 0 10 $ ,388 $ 0
GC20 11 20 $ ,408 $ 0
GC32 21 32 $ ,458 $ 0
GC68 33 68 $ ,509 $ 0
GC95 69 95 $ .514 $ 0
GC136 96 136 $ ,567 $ 0
GC190 137 190 $ .571 $ 0
GC+ 191 + $ .579 $ 0
Pack-out Service rates for containers
{measured in ~allons) - GY
GY10 0 10 $ .599 $ 0
GY20 11 20 $ ,512 $ 0
GY32 21 32 $ ,561 $ 0
GY68 33 68 $ ,620 $ 0
GY95 69 95 $ ,641 $ 0.
GY136 96 136 $ ,641 $ 0
GY190 137 190 $ .662 $ 0
GY+ 191 + $ ,696 $ 0
Remote Area Service rates for
containers {measured in ~lallons) - GR
GR10 0 10 $ ,599+ $ 5,99
GR20 11 20 $ ,512 + $ 5,99
GR32 21 32 $ ,561 + $ 5,99
GR68 33 68 $ .620 + $ 5,99
GR95 69 95 $ .641 + $ 5,99
GR136 96 136 $ .641 + $ 5,99
GR190 137 190 $ ,662+ $ 5,99
GR+ 191 + $ ,696 + $ 5,99
Curb Service Examples:
No service - minimum fee *
10 gallon container
20 gallon container
32 gallon container
68 gallon container
95 gallon container
I yard bin
1.5 yard bin
2 yard bin
Previous New
$ 3,76 $ 3,88
$ 3,76 $ 3.88
$ 7,90 $ 8,16
$ 14.21 $ 14.66
$ 33.52 $ 34,61
$ 47,31 $ 48.83
$ 90.50 $ 93.43
$ 106,95 $110,42
$ 142.60 $147.22
* Per City of Ukiah Municipal Code Section 4443
Code
Size/Volume Per
Week
From To
Rate per
Cubic Yard
IRates per yard for Bins (in cubic yards)
Y1 I 1 1
Y+ I 1.5 +
93.43
73.61
Rates for Debris Boxes - 7 day rental (excluding
tipping fee)
B10 10 10 173,00
B15 15 15 173,00
B20 20 20 173.00
B30 30 30 173,00
B40 40 40 173.00
Additional $10.00 fee per day for retaining drop box more
than 7 days.
M1
Miscellaneous & Special Services
3 yard box per dump (3 day rental) $ 118.53
M2 Appliances $ 19.22
M3 Tires (up to 4 automobile or $ 4.05
motorcycle sized tires on regular
garbage collection route)
M4 Tires (5 or more automobile $ 19.22
or motorcycle sized tires,
special trip)
M5 Large truck sized tires $ 19.22
(special trip)
M6' Furniture and Other Items $ 19.22
(special tdp)
M7 Locking bin $ 25.70
M8
Drop box 7 day rental, per dump** $ 173.58
M9 Compactors, per dump
** Additional $10.00 fee per day over 7 days
*** includes tipping fee
**** plus tipping fee
* .... one-time setup charge
Percentage increase for bins
$ 149.32
3.24%
Percenta~le increase for other services
3.24%
ea
Garbage Rates 2006-2007.xls Page 1 Rates FY06-07
AGENDA
SUMMARY
ITEM NO.
DATE:
REPORT
September 6, 2006
SUBJECT: REPORT OF DISPOSITION OF SURPLUSED USED EQUIPMENT
Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies
dated September 19, 1996, this report documents the sale of equipment determined to be obsolete (no
longer used) by the Landfill. Sale of the equipment is in accordance to City Code Section 1533 and the
Surplus Procedure Statement that includes solicitation of specialty items in surplus.
After approximately four years of attempting to sell in a variety of ways, the last piece of the remaining
landfill equipment, a Caterpillar 826C Trash Compactor, has been sold. On June 29, 2006, the
compactor was entered into an auction through Ritchie Bros. Auctioneers Inc. out of Dunnigan,
California. The company has a combination of on-site and on-line auctioning capabilities, and has the
ability to reach a world-wide market.
The net amount received as a result of this sale was $27,168.00.
RECOMMENDED ACTION:
Receive and file report regarding the disposition of surplused used equipment.
ALTERNATIVE COUNCIL POLICY OPTION: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Mary Horger, Purchasing Agent
Candace Horsley, City Manager
1. Procedure for Sales of Surplus or Obsolete Materials, Used Equipment and
Supplies Statement
2. City Code Section 1533
3. Surplus disposition list
APPROVED:
Candace Horsley, City ~anager
·
Attachment ~ ~- 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 Purchasing/Warehouse Supervisor.
.
Those items listed as surplus will continue to 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'~ 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.
a.
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.
do
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:XMy Documcnts\WPDOCSXPROCEDURES FOR SALES OF SURPLUS OR OBSOLETE-96.doc
§1530
§1534
Attachment.# ~
1. Recorded Explanation: The head of such department shall send to the
Purchasing Officer a requisition and a Copy of the delivery record together with
a full written report of the circumstances of the emergency. The report shall be
filed with the Council. as provided in subsection A1 above.
·
·
2. Emergency Procedure: The Purchasing Officer shall prescribe by rules and
regulations I~e procedure under which emergency purchases by heads of
departments may be made. (Ord. 667, §2, adoPted 1975)
{}1531'
..-
COOPF. RA'I'IYF. ?UR..C.I-IASING: The 'Purchasing Officer Shall have the
authority to join with other units of government in cooperative pur6hasing
plans when the best interests'of the City. Would be sei'ved thereby. (Ord.
.667, {}2, adopted 1975) ,'"-:
§1532: .INSPECTION AND 'TF_,STING: 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 a. nd 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 ~,It 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: SF. YERABI[,IT¥: 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
ATTACHMENT_,,~
AGENDA
ITEM NO: 7k
MEETING DATE: September 6, 2006
SUMMARY REPORT
SUBJECT:
AWARD PURCHASE OF ONE GORMAN-RUPP 8" x 8" DIESEL
ENGINE DRIVEN PORTABLE PUMP TO THOMAS AND ASSOCIATES
FOR THE TOTAL AMOUNT OF $38,717.80.
Submitted for the City Council's consideration and action is staff's recommendation that
the purchase of one Gorman-Rupp Model T8A60S-F6L, 8" x 8" Diesel Engine Driven
Pump mounted on a high-speed wheel kit with battery included be awarded to Thomas
and Associates for the total amount of $38,717.80. The pump will be used at the City's
Wastewater Treatment Plant to provide improved capacity to drain tanks and ponds
during emergency as well as normal operating conditions. The pump will also be
available to other City Departments for use as needed.
Bids for this pump were requested from four firms, Thomas and Associates, Bogie's
Pump Systems, Barrett Engineered Pumps, and California Environmental. Thomas and
Associates was the Iow bidder at $38,717.80. Refer to the bid summary table below for
a complete listing of bid amounts.
(continued on page 2)
RECOMMENDED ACTION: Award the purchase of a Gorman-Rupp, 8" x 8" Diesel
Engine Driven Portable Pump to Thomas and Associates for the total amount of
$38,717.80
ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to
Staff.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Ann Burck, Water-Utilities-Project Engineer
William Pounders, Waste Water Treatment Plant Supervisor
Candace Horsley, City Manager
N/A
Approved:
Candace Horsley, Cit1 Manager
Bid Summary Table
IThomas and Associates
Bogies Pump Systems
Barrett Engineered Pumps
California Environmental
$38,717.80
$44,656.47
No Bid
No Bid
Funds for this pump purchase have been budgeted in the Waste Water Treatment Plant
Operations and Maintenance Fund under account number 612.3580.800.000 and
adequate funds are available for the requested purchase.
ITEM NO. 71
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: STATUS OF THE LAKE MENDOCINO HYDROELECTRIC POWER PLANT
EQUIPMENT REFURBISHMENT EMERGENCY
At its May 17th, 2006 meeting, Council voted unanimously to declare the Lake Mendocino
Hydroelectric Power Plant equipment refurbishment project an emergency and authorized the
City Manager to take action to resolve the emergency until such time that the emergency no
longer exists. To that end, the City Manager has contracted with Source California Energy
Services, Inc. to perform the work necessary to refurbish the power plant equipment that was
damaged and contaminated as a result of flooding that occurred earlier this year.
A progress report is detailed in Attachment 1.
Statute requires that progress reports be made at every City Council meeting until such time
that the contract is complete and the emergency no longer exists.
RECOMMENDED ACTION: Staff recommends that the Council continue to declare by a 4/5
vote that the Lake Mendocino Hydroelectric Power Plant equipment refurbishment project is a
continuing emergency and to support the refurbishment contract as performed by Source
California Energy Services, Inc. until such time that the contract is complete and an emergency
no longer exists.
ALTERNATIVE COUNCIL POLICY OPTION: Given that Council declared the Lake
Mendocino Hydroelectric Power Plant equipment refurbishment project an emergency at its
May 17th Council meeting, and based on that action, the City entered into contract to resolve
the emergency, there is no alternative policy option.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Liz Kirkley, Electrical Distribution Engineer
Candace Horsley, City Manager; David Rapport, City Attorney
1. Lake Mendocino Hydro Plant Update - August 31,2006
APPROVED~" er
Candace Horsley, City
ATTACHMENT 1
Lake Mendocino Hydro Plant Update
August 31, 2006
Contract work at the plant continues to be accident free. The shop refurbishment
of the generators has been completed. The shop repair of the turbine stop
valves has also been completed. The generators and valves are scheduled to be
returned to the site and installed the week of September 4th.
Inspection of the disassembled turbines found that certain maintenance needed
to be performed including bearing and wicket gate refurbishment. This work is
on-going.
The turbine penstocks and draft tubes (before and after tunnels) were inspected
and found to contain an oil film and significant quantities of mud from the flooding
incident. MP Environmental was contracted to clean the tunnels and that work
was accomplished the week of August 21st
Additional miscellaneous work that has been accomplished or is in progress
includes:
- Compressed Air System refurbishment complete and in service
- Bypass valve motor (18", 54", 108") have been removed and sent out for
refurbishment]
- A purchase order for replacement batteries and battery charger has been
issued
- Turbine electro-hydraulic control system refurbishment continues. An oil
flush procedure is being developed
- Reverse engineering of the electro-speed switches is complete and
replacements will soon be ordered.
- The Uninterrupted Power Supply was found to be unserviceable and a
new unit will be ordered once a suitable replacement is found.
- The Automatic Voltage Regulators were found to be unserviceable and
new units will be ordered once a suitable replacement is found.
- Work on large number of instruments has started including temperature
devices, flow transmitters, vibration sensors, level switches, solenoid
valves and control relays.
AGENDA
SUMMARY
ITEM NO. 7m
DATE: September 6, 2006
REPORT
SUBJECT:
APPROVAL OF NOTICE OF COMPLETION FOR AIRPORT
IMPROVEMENT PROJECT FAA GRANT WORK, FAA GRANT #3-06-0268-
6 & 3-06-0268-7, SPECIFICATION # 03-10
SUMMARY: Funding for the Airport Improvement Project (including storm drain
improvements, pavement rehabilitation/replacements, security fencing, etc) was approved
in the Federal Aviation Administration grant in the amount of $715,500.00. The City
Council awarded the contract on August 17, 2005, to Argonaut Constructors (contractor)in
the amount of $709,697.00.
The work of the contract was completed by the contractor in substantial conformance with
the approved plans and specifications on August 17, 2006. The final contract cost of the
grant work is $738,534.37, including a contract change order in the amount of $28,534.37.
This change order amount equals 4 percent of the grant total. Final payment of the 10
percent retention will be made to the contractor after 35 days from the date the Notice of
Completion is filed with the County Recorder.
RECOMMENDED ACTION: 1. Accept the work as complete; 2. Direct the City Clerk to file
the Notice of Completion with the County Recorder for FAA grant work, Specification No.
03-10.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Paul Richey, Airport Manager
Paul Richey, Airport Manager
Rick Seanor, Deputy Director of Public Works and Candace Horsley,
City Manager
1. Notice of Completion
2. Project Change Order
APPROVED: (~
C
ATTACHMENT._._../
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:
,
That the real property described is owned by the following whose address is: City
of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-
5400
.
That the nature of the title to the FAA Grant Work. Specification No. 03-10 of all said
owners is that of fee simple.
.
That on the 17th day of Auqust, 2006, the Contract work for this project was
actually completed.
,
That the name and address of the Contractor is Argonaut Constructors, 1236
Central Ave. Santa Rosa, California 95402.
,
That the real property herein referred to is situated in the County of Mendocino,
State of California, and is described as follows: City-owned property identified as
various areas of the Ukiah Regional Airport, within the City of Ukiah.
City Council Approval CITY OF UKIAH, a Municipal Corporation
By:
DATE Gail Petersen, City Clerk DATE
STATE OF CALIFORNIA)
COUNTY OF MENDOCINO)
I, Gail Petersen, being duly sworn says: That she is the City Clerk of the City of
Ukiah City Council, that she has read the foregoing Notice of Completion and knows the
content thereof and the same is true of her own knowledge.
Gail Petersen, City Clerk
Subscribed and sworn to (or affirmed) before me, Deborah Pollock, Notary Public, on this
day of , 2006, by , personally known to me or proved
to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public in and for the County of Mendocino, State of California
ATTACHMENT_ ~,~
CONTRACT CHANGE ORDER
ORDER NO. 01
DATE: June 28, 2006
STATE: CA, County of Mendocino
CONTRACT FOR: Ukiah R~, ,ional Ai,'rport Improvement Proiect (ALP) - FAA Grant #3-06-0268-6 and #3-06-0268-7
OW.NER.:. ~Cit~ Of. Ukiah, Department qf,,P, u?~, ,W .o,rks ...............
To: Argonaut Constructors, Inc.
Description of Potential Changes DECREASE " '"' i'NCR~.ASE "'
(Supplemental Plans and Specifications Attached), in Contract Price , in Contract Pdce
:1) Remove addiUonalexiSfin~l112" RCP storm drain $ - , $ , 1,047.29
2) Modify DI No 300 & Tie in Additional SD line $ - $ 725.70
3) Storm Drain ConflJct,wlexistin~l electrical.~s,'ta 55+20 '. '. ..... $ ~ ' -. $ , 1,920.32
4) Excavate outside trench line to remove exis,tin~ S,D , . . $ ..... - $ 261.62
5) T&M- Adjust I No 307 to accommodate, existin~130' SD $ - $, 2,31,4.88
6) T&M- Remov, e & Dispose of exisfir~l vault & pad in apro~ area. ' $ - - $ 259.22
7) T&M - E, xtend new 24' RCP SD to account for added stockpiles , . $ , . - , $ 1,08~..15
8) T&M baCk charge for ABSL dama~le to exising el .ectrical line., $ ..- $ .
9) T&M- Ex dirt & place base ,rock, south of new paved area. , ..... $ - $ 3,068.27
10) ES. Delete items 10,28,& 11'of item 18 $ 12',285.00 $ .
11) LS- Added rock & Pavir~l ~ new apron and aded tre,nch pavin~ ,' $ , - $ 12,.377.44
12) T&M- Add SDDI South of SDDI ~300 $ - $ 1,759.06
13) T&M- Tie in downs~ dm'in'to the adjacent SDDI ,,' ' ~ ...... - .... $ 2,012.64
114) T&M- Install ,concrete anch0m ,for airplanes. , .. , $ . , $ ..... 5,856.50
!5) L.S~- Aspahlt Surchar!~.s ..... $ ,- $ 6,420.78
16) L.S.- Add~ Fencifi~l , , , $ , - $ 2,012.50
$ - $ -
, , , ,
J
,- $ - $ -
DESCRIPTION OF CH,ANGES ,,, ' ' , $ "' .,. ' $ .
1) CCO fYI lump sum . $ $ .
TOTAL CHANGE O~ER ' ' $ . $.
. ' . . ~ TOTALS $ ~2~SS..~ '. $ " ~,~.~3f
NET CHANGE IN CONTRACT PRICEI ...... $ _~8.837.37 !
JUSTIFICATION:
Based on unforseen site conditions additional work was needed, the following PCO's were needed to complete the project on schedule
The a.x~unt of ~ C0n~act war ba (~) (tncreased) ~ ~ sum o~
T~ eigM ~~ ~ht hu~ ~ ~on d~bm and 3711~ ~llam ($ ~,~7.37
The Conbact Period for Completion will be Unchanged
This document will become a supplement to the contract and all provisions will apply hereto.
Requested
Recommended
Accepted
winzler &-Kel ~ i Owner's Engineer)
Argonam Constmctor~(Co~ctor)
..... Days
ITEM NO. 7n
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT:
REPORT OF THE PROPOSED ADDITON OF PROFESSIONAL
ENGINERING DESIGN SERVICES WITH SHN CONSULTING
SERVICES, IN THE AMOUNT OF $9,969
In compliance with Section 1522 of the City Code, this report is being submitted to the City
Council for the purpose of reporting the addition of professional engineering services
costing more than $5,000 but less than $10,000. These engineering services are in order
to produce a design and specifications for two storm related projects. The two projects are
the failed storm drain at Yokayo Elementary School and the construction of a CMU wall
and footing along the Cleveland Lane drainage ditch near Gobbi Street.
In April of 2006 the City executed a contract with SHN consulting services (SHN), this
contract is in the amount of $20,000 and is intended for Land Surveying. The proposed
work will be a change order to the existing contract in the amount of $9,969. The design
and construction of these projects will be funded by FEMA as a result of our Public
Assistance Program 2006 winter storms.
These two projects have been pending FEMA approval and must be constructed prior to
the winter. Staff will be returning with the results of these designs in order to let the contract
for the work in October of 2006. This work was also offered to Rau and Associates,
another local design firm, and they were not available to meet the aggressive schedule that
is required for this work.
The Account Operations Manager is in the process of setting up the funding accounts for
all the FEMA related work. These accounts will be charged with the amount of $9,969.00
in order to provide the extension to the contract.
RECOMMENDED ACTION: Receive and file report for the proposed addition of
professional engineering design SERVICES with SHN consulting services, in the amount of
$9,969.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
N/A
Tim Eriksen, Director of Public Works / City Engineer
Tim Eriksen, Director of Public Works / City Engineer
Candace Horsley, City Manager
Attachments: 1. SHN_ Proposal
APPROVED.~,~~~~ ~'~
Candace Horslog, ~ity Manager
Reference: 406000.020
August 16, 2006
Mr. Tim Eriksen, PE
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Re:
Engineering Services for the City of Ukiah - Storm Damage
Repair Projects
Dear Tim,
Thank you for this opportunity to offer the following proposal relative to the
above referenced project. We understand that the City of Ukiah suffered several
instances of storm damage during the severe weather of Dec 2005/Jan 2006 and
that there are four tasks that the City would like SHN's assistance on. The four
tasks are:
· Failed Storm Drain Located at Yokayo School
· CMU Wall/Footing along Drainage Ditch serving the Cleveland Lane
Area
· Bank Armoring along Gibson Creek at Dora and Pine
· Embankment Repair and Culvert Replacement at Road to Fish Hatchery
Site
As we discussed, SHN is very busy at this time and the lead time for projects of
sizeable magnitude is many months out. However, as we discussed, if two of the
more urgent jobs can be undertaken immediately and the other two at a later
date, we feel we can assist you.
We understand that you desire to accomplish all of these repairs as soon as
possible. However, it seems that if the replacement of the failed storm drain at
Yokayo School and the construction of the CMU wall and footing along the
drainage ditch serving the Cleveland Lane area can be accomplished this
construction season it will be of great assistance to you.
N:\admin_files\2006\406000.020 CofUX, Ltr. COU Proposal 8-16-06.doc
Mr. Tim Eriksen, PE
Proposal for Storm Damage Projects
August ] 5, 2006
Page 2
To help you meet your objectives on the first two of the above-described projects,
we propose to provide all engineering design, drafting, quality control and
administrative support to complete the following:
1. Provide construction drawings, details and technical specifications for use
in bidding. Information will include Site Location, Limits of the Work to
be performed, Material Specifications, Technical Requirements, and
General Construction Notes.
2. Provide an engineer's estimate of the probable cost to construct the
project.
3. Provide a suggested bid schedule for the solicitation of bids.
4. Assist Staff with bid questions.
To the extent possible the specifications will be included on the plan sheets to
help minimize the cost to the City. This proposal does not include the following
services:
1. Inspections services, as required.
2. Contract administration or construction management.
3. Construction staking.
4. Interaction with and acquiring authorizations for the work from other
agencies, such as Fish and Game, and the Army Corp of Engineers.
The cost for the above-described work is estimated to be $9,969. The final cost
wi!! be based upon an accrued hourly rate as shown on the attached Schedule of
Charges and will not exceed the above amount unless authorized by the City. In
the event that the work exceeds what is anticipated, this will be considered
additional work and shall be billed at the appropriate rate(s) in accordance with
the Schedule of Charges.
Please note that a proposal for consulting services related to the third and fourth
bulleted tasks above will be forwarded under separate cover. Both of these tasks
will require additional assessment and design consideration due to the risks
involved. We regret that these resources simply can not be made available to this
project at the immediate time. Planning for the construction work to be done in
the spring/summer of 2007 is achievable if that is acceptable to you.
Mr. Tim Eriksen, PE
Proposal for Storm Damage Projects
August 15, 2006
Page 3
As you know, SHN has a contract with the City of Ukiah to provide land
surveying and miscellaneous engineering services. If this current proposal meets
your satisfaction, and you have the necessary approvals in place for the
acquisition of these services we will be happy to be of service. Please forward a
change order to the existing contract to my attention and do not hesitate to
contact me if I can be of further service.
Sincerely,
SHN Consulting Engineers & Geologists, Inc.
Diana Steele, PE
Sr. Civil Engineer, Civil Dept Head
DMS: dmf
Enclosure: Schedule of Charges
Consulting Engineers & Geologists, Inc.
Fee Schedule
January 1, 2006
When accurate definition of the proposed work is not possible, an hourly charge out rate for
determining compensation shall be used. Hourly charge rates include payroll costs, overhead, and
profit. Hourly services are billed portal to portal and are subject to a 2-hour minimum. Current rates
are as follows:
Hourly Charge Rates
Position~ Hourly Rates
Principal Engineer $105.00 - $135.00
Principal Engineering Geologist $105.00 - $130.00
Principal Surveyor $105.00 - $115.00
Project Manager $ 75.00 - $130.00
Senior Planner $ 85.00 - $110.00
Senior Engineer $ 85.00 - $135.00
Senior Geotechnical Engineer $ 85.00 - $120.00
Senior Geologist $ 85.00 - $120.00
Senior Surveyor $ 75.00 - $ 95.00
Engineer $ 70.00 - $ 95.00
Traffic Engineer $ 80.00 - $115.00
Geologist $ 50.00 - $ 90.00
Certified Industrial Hygienist $ 90.00 - $110.00
Environmental Specialist $ 60.00 - $110.00
Environmental Planner $ 60.00 - $ 90.00
Staff Surveyor3 $ 50.00 - $ 85.00
Assistant Engineer $ 60.00 - $ 85.00
Survey Party Chief3 $ 50.00 - $ 80.00
Junior Engineer $ 50.00 - $ 65.00
Engineering Technician/Draftsperson3 $ 45.00 - $ 80.00
Lab/Field Technician3 $ 50.00 - $ 75.00
Survey Technician3 $ 40.00 - $ 55.00
Technical Writer $ 45.00 - $ 60.00
Clerical $ 35.00 - $ 55.00
Expert Witness2,4 $125.00 - $200.00
Incidental expenses, i.e. lodging, meals, airplane tickets, etc., are billed at cost plus 15%.
Minimum daily charge is four hours.
Rates depend on the specific personnel assigned and if prevailing wage rates are required in the area
of work.
Rates for Expert Witness are charged for preparation and testimony for both deposition(s) and
trial(s).
N:~adn'Un_files\Schedule ofCharges~2006 Willits.doc SHN 2006 Fee Schedule
1
Reimbursabb's
Fhe followinv~ direct charges are charged in addition to the hourlj¢ charge rates set forth above.
Direct Charges:
Engineering Copies (D or E size)
CADD plots
Copies
Equipment and other expenditures (required for projects)
$ 2.00/ea.
$ 15.00/ea.
$ .15/ea.
Cost + 1~;~, °'
FAX
Field office
Filing fees, telephone expense, etc.
Iron pipe, monuments, flagging, etc.
Mylars
Services of other consultants
Stakes, hubs, lath, etc.
Subsistence, air travel, etc.
Vehicles
$ ZOO/sheet
Cost + 15%
Cost + 15%
Cost + 15%
$ 6.00/ea.
Cost + 15%
Cost + 15 %
Cost + 15%
$ 10.00/day plus
$ .60/mile
Field Testing and Equipment:
Anchor bolt testing
CO2 Meter
Concrete Compression Impact Hammer
Core Drilling Machine
Dissolved Oxygen Meter
Expendable Supplies
Fyrite Meter
Generator
Geophysical Equipment
Grundfos Controller & Pump (50 ft. max well depth)
Grundfos Controller & Pump (>50 ft. well depth)
Hand Auger
Health & Safety Level D
Health & Safety Level C
High Pressure Controller
li-lctinolile tui
LEL Meter
Nuclear Density Testing
Other equipment including drill rigs, backhoes, etc.
ORP Meter
OVA
Ozone Sparge Trailer
Peristaltic Pump
pH/Conductivity Meter
Power Auger
Pumps
Quad (ATV)
$ 10.00/hour plus operator
$ 10.00/day
$ 25.00/day*+
$ 75.00/day + $3.00/inch cored
$ 50.00/day*+
$ 40.00/day*+
$ 25.00/day*+
$ 50.00/day*+
By Quotation
$100.00/ day
$200.00/day*+
$ 20.00/day
$ 30.00/day*+
$ 60.00/day*+
$ 60.00/day*+
'")NN NN /
~_~,u.uu/day*
$ 50.00/day*+
$ 15.00/hour plus operator
Cost + 15%
$ 15.00/day
$100.00/day*+
$500.00/day
$ 50.00/day*+
$ 40.00/day*+
$100.00/day*+
$ 45.00/day*+
$150.00/day
* 1/2 Day Minimum Charge.
+ 25% Weekly Discount, 40% Monthly Discount.
(1) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for processing and
curing per ASTM C-31.
N:~admin_hles~ScheduleofCharges~2006 Willits.doc SHN 2006 Fee Schedule
2
v -- Reimbursables, Continued
i. Field Test;nt_g___..__and Eq_E~ment, Continue d:
Rebar Locating Device
Roto-hammer
Skidmore-Wilh,:;hn Bolt Tension Calibration
Soil/Gas Purge Pun'tps
Soil Gas Probes
Torque Wrench (to I000 ft lbs)
Turbidity Meter
Ultrasonic Test Device
Vapor Extraction System
Water Level Data Logger
Water Level Meter
Well Point
Well Wizard
$ 5.00/hour I:ius operator
$ 50.00/day*+
$ 40.00/day
$ 30.00/day*+
$200.O0/day*+
$ 5.00/hour
$ 20.00/day*+
$ 12.00/hour plus operator
$500.00/day*+
$ 60.00/day*+
$ 30.00/day*+
$ 50.00/da},
$100.00/ day*+
Survey Equipment:
Data Collector
GPS Station
Level
Robotic Total Station
Total Station
Total Station w/Data Collector
$ 5.00/hour
$ 65.00/hour
$ 25.00/day*
$ 40.O0/hour
$ 7.50/hour
$ 12.50/hour
Laboratory Tests:
Aggregate Tests for Concrete Mix Design
Asphalt Content Gauge Calibration
Asphalt Extraction (% Bitumen)
Brass Tube (Liner)
Cleanliness Value (CT 227)
Compaction Curves (ASTM D 1557 or Caltrans CT216):
4-inch Mold
6-inch Mold
Check Point
Concrete Compressive Strength (CT 521 or ASTM C39)
Concrete Linear Shrinkage (3 Bars)
Concrete Moisture
Consolidation Test
Direct Shear, per point: (ASTM D3080)
Consolidated-Drained (CD)
Unconsolidated-Undrained (UU) (Modified ASTM)
Consolidated-Undrained (CU) (Modified ASTM)
Additional cycles (each)
Disposable Concrete Molds
Durability Index
Expansion Index
Fireproofing Density
LA Rattler (abrasion resistance)
$150.00/stockpile
$115.00/ea.
$135.00/ea.
$ 5.00/ea.
$ 75.00/ea.
$125.00/ea.
$145.00/ea.
$ 40.00/ea.
$ 35.00/ea.O)
$2o0.oo
$ 25.00/test
$300.00/ea.
$130.00/point
$100.00/point
$115.00/point
$ 50.00/ea.
$ 2.00/ea.
$ 60.00/ea.
$150.00/test
$ 50.00/ea.
$150.00/test
* 1/2 Day Minimum Charge.
+ 25% Weekly Discount, 40% Monthly Discount.
(1) If concrete is sampled and delivered to SHN lab by outside contractor, add $5.00/ea. for processing and
curing per ASTM C-31.
N:~admin_hles~Schedule ofCharges~2006 winits.aoc SHN 2006 Fee Schedule
3
Reimbursables, Continued
Laborator)' Tests, Continued:
Liquid Limit
Masonry Block Compressive Strength
Masonry Block Absorption & Moisture
Masonry Block Linear Shrinkage
Masonry Block Prism Compressive Strength
Masonry Core Shear Test
Moisture Content
Moisture-Density Test
Particle Size Analysis (ASTM 422)
Percent Crushed Particles
Percent Entrained Air In Concrete
Percent Organics
Plastic Limit
Plasticity Index
R-Value
Rice Specific Gravity of Asphalt (ASTM D2041)
Sample Preparation
Sand Equivalent
Sawing Rocks and Concrete Cores
Sieve Analysis--Coarse
Sieve Analysis--Fine
Sieve Analysis--Passing 200
Specific Gravity, Rock
Sulfate Soundness
Swell Test
Triaxial Compression, Remolded Permeability
USDA Bulk Density Test
USDA Textural Suitability Test
Unconfined Compression
$ 60.00/ea.
$ 65.00,/ea.
$ 50.00/ea.
$ 85.00/ea.
$ 80.00/ea.
$ 50.00/core
$ lO.O0/ea.
$ 25.00/ea.
$ 75.00/ea.
$125.00/ea.
$ 10.00/ea.
$ 50.00/ea.
$ 40.00/ea.
$100.00/ea.
$225.00/ea.
$ 70.00/ea.
$ 40.00/hour
$ 60.00/ea.
$ 30.00/unit
$ 40.00/ea.
$ 50.00/ea
$ 45.00/ea.
$ 45.00/ea.
$ 80.00/cycle
$ 55.00/point
Cost + 15%
$ 20.00/ea.
$ 50.00/ea.
$ 50.00/ea.
Notes:
All samples of soil or rock from physical testing are discarded 30 days after submission of final report unless prior
arrangements are made. Samples of soil or rock submitted for testing for hazardous substances will be returned to
the Client, who is responsible for proper disposal.
This fee schedule is subject to review and adjustment, as required.
Certain services may require prevailing wages or overtime at premium pay to SHN employees. In such
circumstances, fees will be adjusted to reflect increased labor costs.
N:~admin_filesNSchedule of Charges~2006 Willits.doc SHN 2006 Fee Schedule
4
ITEM NO. 7o
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: AWARD OF BID TO BELL LUMBER & POLE CO. FOR PURCHASE OF
WOOD POLES FOR THE RENOVATION OF THE LIGHTING SYSTEM FOR FIELD 2
AT THE UKIAH SPORTS COMPLEX THE AMOUNT OF $17,817.54
SUMMARY: The lighting systems on Fields 1 and 2 at the Ukiah Sports Complex are
aged and inadequate for continued night play. Council approved funding for this renovation
in the current fiscal year budget. The renovation project will include replacing the single
phase lighting systems on the two older fields with a more energy efficient three phase
system with a lumens output equivalent to the new system on Field 3. Grant money
provided funding for the recent lighting project on Field 3 and put in place infrastructure that
contributes towards upgrading Fields 1 & 2. The existing wood poles on Field 2 are not tall
enough to adequately and efficiently mount the new light fixtures which Council previously
approved. The existing poles on Field 2 met the necessary height specifications and do not
need to be replaced.
Continued on Page 2
RECOMMENDED ACTION:
1. Award bid to Bell Lumber & Pole Co. for poles to support sports field lighting at the
Ukiah Sports Complex in the amount of $17,817.54.
ALTERNATIVE COUNCIL POLICY OPTIONS:
1. Reject the award of bid to Bell Lumber and Pole Company and select an alternate
bid or remand to staff with direction.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Sage Sangiacomo, Community/General Services Director and Maya
Simerson, Community Services Supervisor
Candace Horsley, City Manager and Mary Horger, Purchasing
Supervisor
N/A
APPROVED: ~
Candace Horsley, City Manager
In accordance with City of Ukiah purchasing policies, the City's Purchasing Agent issued a
request for bid to all suppliers on the City's qualified bidders list for 6 seventy-foot Douglas
Fir poles treated with Pentachloraphenal. Two companies responded to the request for bid
by the deadline with Bell Lumber and Pole Company being the Iow bid in the amount of
$17,817.54. Refer to the following table for a complete summary of bids.
Bid Summary Table
Company
Bell Lumber and Pole Company
McFarland Cascade
Amount
$17,817.54
$19,304.49
The cost of the poles in the amount of $17,817.54 will be charged to the 140.6050.800.004
account (Ukiah Sport Complex Renovation).
ITEM NO. 7p
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: APPROVE BUDGET AMENDMENT FOR PAYMENT OF ANNUAL FEDERAL
ENERGY REGULATORY COMMISSION (FERC) ADMINISTRATIVE CHARGES FOR THE
LAKE MENDOCINO HYDROELECTRIC POWER PLANT IN THE AMOUNT OF $7,900
The City of Ukiah Electric Department received a bill from the FERC for Annual Administrative
Charges related to the Lake Mendocino Hydroelectric Power Plant in the amount of $7,873.44.
In order to avoid penalties payment must be received by the FERC no later than September
18, 2006. Staff requests a budget amendment in the amount of $7,900 to provide for this
annual assessment. Funds are available in the General Electric Fund and will be paid from
account number 800.5536.630.
RECOMMENDED ACTION: Approve a budget amendment for annual Federal Energy
Regulatory Commission (FERC) Administrative Charges for the Lake Mendocino Hydroelectric
Power Plant in the amount of $7,900.
ALTERNATIVE COUNCIL POLICY OPTION: None.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
NA
Elizabeth Kirkley, Electrical Distribution Engineer
Elizabeth Kirkley, Electrical Distribution Engineer
Candace Horsley, City Manager; Gordon Elton, Interim Finance
Director
None
APPROVED?, ,,,,~('~
Candace Horsley, City ~anager
AGENDA SUMMARY REPORT
ITEM NO. 7q
DATE: September 6, 2006
SUBJECT: NOTIFICATION TO THE COUNCILCONCERNING THE PURCHASE OF EIGHT
SAMPLING STATIONS FROM AMERICAN MACHINE AND CONVEYOR IN THE AMOUNT
OF $5,795.24
Pursuant to the City of Ukiah Municipal Code Section 1522, this report is being submitted to
inform the Council of the purchase of eight sampling stations from American Machine and
Conveyor for a total price of $5,795.24.
The US Environmental Protection Agency (USEPA) has issued new regulations for monitoring
the level of disinfection byproducts in municipal water systems. The new USEPA regulation
requires a minimum of eight additional sampling stations throughout the distribution system.
Also, it is a benefit to the City of Ukiah and its' citizens to have additional water monitoring
points throughout the system.
American Machine and Conveyor is the sole manufacturer and distributor of the water
distribution system sample station that meets the engineering and operational requirements for
this application. The sample stations were budgeted under account number 820.3908.690.006
and funds are available for this purchase.
RECOMMENDED ACTION: Receive notification of the purchase of eight sampling stations
from American Machine and Conveyor for the total amount of $5,795.24.
ALTERNATIVE COUNCIL POLICY OPTION: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Ann Burck, Water / Sewer Project Engineer
Alan Jamison, Water Treatment Plant Supervisor
Candace Horsley, City Manager
APPROVED.~,~(~~-~ ~ ~ ~~
Cand~orsl(~y, ~y Manager ~..~
AGENDA
SUMMARY
ITEM NO. 9a
DATE: September 6, 2006
REPORT
SUBJECT: AMENDMENT OF THE TRANSFER STATION CONTRACT TO ALLOW
PARTIAL RECOVERY OF INCREASED FUEL COSTS RELATED TO DISPOSAL OF
GARBAGE BY THE UKIAH TRANSFER STATION
The provisions of the City's franchise agreement with Solid Wastes Systems, Inc., for the Ukiah transfer
station requires an annual adjustment be made to the gate fees each year. This adjustment is calculated
by applying a rate factor equal to 50% of the change in the U. S. Department of Labor, Bureau of
Statistics, Consumer Price Index (CPI), U.S. City Average, January to January (Contract CPI).
The CPI increase from January 2005 to the January 2006 is 3.99%. The contract provides that the
rate is adjusted by only 50% of the CPI increase or 2.00%. Furthermore the contract provides that
the construction component of the rate is not increased by the CPI adjustment. The MSWMA
surcharge is added to these rates to determine the cost the customer will pay. The actual cost
increase to the customer is 1.4%.
To put this in dollar terms, the CPI based cost for self haul will increase by $.15 from $11.10 to
11.25 per cubic yard. The CPI based cost per ton of compacted garbage will increase by $.80 from
(continued on page 2
RECOMMENDED ACTION:
Approval of an amendment to the Transfer Station Contract allowing for a one-time increase of not
to exceed $1.45 (one dollar and forty-five cents) per ton to recover part of the extraordinary increase
in fuel costs and authorize the City Manager to execute the contract amendment.
ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Solid Wastes Systems, Inc.
Gordon Elton, Interim Finance Director
Candace Horsley, City Manager; Tim Eriksen, Public Works Director; Rick
Seanor, Deputy Public Works Director
1. Solid Wastes Systems calculation of Transportation costs
2. Transfer Station rate calculation sheet
3. Procedures for Surcharge Decreases
APPROVED:
chh~Ifice Hors'ley, City Man~er
$56.71 to $57.51. These increases are in the existing contract and are not part of the question under
consideration by the City Council.
The contract does not provide for increases other than the increase based on the CPI. SWS has
requested an amendment to the contract allowing for an additional rate increase based on the
significant increase in the cost of fuel for transporting waste to the landfill. The fuel increase has
affected other Mendocino County solid waste operations. The County of Mendocino has recognized
the need for a fuel surcharge based on the experience of the contract hauler for Solid Wastes of
Willits (SWOW). Based on documented fuel cost increases, the County adopted a method to allow
for a specified fuel surcharge over a three year period. The County method has checks and balances
and sunsets the fuel surcharge after three years. In determining the requested fuel surcharge for the
Ukiah Valley Transfer Station, SWS closely followed the method established by the County. As
such, SWS is requesting a rate increase of $1.45 per ton based on increased fuel costs. Staff proposes
to follow a similar method of checks and balances as identified in Attachment 3.
The requested fuel surcharge increases the cost for self haul by $.30 from $11.25 to 11.55 per cubic
yard. The cost per ton of compacted garbage will increase by $1.45 from $57.51 to $58.96.
To put the rate request in an overall perspective, the CPI increased by 13.25% from January 2001 to
January 2006. The total cost per compacted ton, when the transfer station opened in 2001, was
$55.00. If that rate increase was applied to the initial cost, the current cost would be $62.29. If 50%
of the CPI was applied to the rate, it would be $58.65. The requested rate is $.31 more than 50% of
CPI for the five year period. This may be an over simplification since the construction component
and the MSWMA components of the rate are not routinely increased, but, it is an accurate reflection
of the overall cost to the customer. If fuel prices increased only by inflation, the 2001 cost of $1.30
per gallon would now cost only $1.48 per gallon. The current fuel cost of $3.20 per gallon is more
than double the cost of fuel in 2001.
The following table summarizes the current and proposed rates with the fuel surcharge included.
The attached schedule shows the calculations of these increases in greater detail. If approved, the
new rates will be effective October 1, 2006.
\\Fs3\shared files\Goodrick, Sue\Sept 6 Regular Agenda\ph 9a Transfer Station Rates ASR 2006-Revised.doc Page 2
Rate schedule planned by Solid Wastes Systems, Inc.
Calculation of Transfer Increase Rates after Fuel October 2006
Station rates from year to October 2005 per Contracted Cost Rates After
year Rates Contract Increase Increase increases
Compacted Rates
Construction component 12.36 -0- 12.36 -0- 12.36
Operation component 7.95 .16 8.11 -0- 8.11
Transportation component 12.06 .24 12.30 1.45 13.75
Disposal component 19.84 .40 20.24 -0- 20.24
Subtotal 52.21 .80 53.01 1.45 54.46
MSWMA surcharge 4.50 -0__z- 4.50 -0__: 4.50
Total Cost 56.71 .80 57.51 1.45 58.96
Net increase over prior year 1.1% 1.4% 4.0%
Self haul rates
Construction component
MSWMA surcharge
Operation, Disposal & Hauling
Subtotal
10% surcharge for Small
loads
Rounding to nickel
Total Cost
2.70
.67
7.01
10.38
.70
.02
11.10
-0-
.14
.14
.02
-.01
.15
2.70
.67
7.15
10.52
.72
.01
11.25
-0-
.26
.26
.02
.02
.30
2.70
.67
7.41
10.78
.74
.03
11.55
Yard Waste rates
Disposal Cost Per Ton
Operation & transportation per
ton
Total Cost
Disposal Cost Per Yard
30.45
6.09
36.54
5.25
.61
.12
.12
31.06
6.21
37.27
5.37
.94
32.00
6.21
38.21
5.50
Staff recommends Council approval of the one-time contract amendment requested by SWS to allow
recovery of increased fuel costs in an amount not to exceed $1.45 per ton and authorize the City
Manager to execute the amendment on behalf of the City.
\\Fs3\shared files\Goodrick, Sue\Sept 6 Regular Agenda\ph 9a Transfer Station Rates ASR 2006-Revised.doc Page 3
SOLID WASTE SYSTEMS CALCUALTION OF TRANSPORTATION COSTS
Attachment # 1
Transfer Station
Contract Amendment
September 6, 2006
UKIAH VALLEY TRANSFER
HAULING COSTE PER HOUR
FUEL
PER GALLON
MILES PER GALLON
COST PER MILE
MILES PER HOUR
FUEL COST PER HOUR
OTHER ELEMENTS OF HAULING COST
TOTAL COST PER HOUR
10/1/2001
$1.30
4.00
0.33
45.00
$14.85
$26.00
$40.85
Change
Fuel
Cost
Only
1/10~2006
$3.20
4.00
0.80
45.00
$36.00
$26.00
$62.00
UKIAH VALLEY TRANSFER
TRANSPORTATION COMPONENT
PRICE PER GALLON
TRANSPORTATION TO POTRERO HILLS
ROUND TRIP TO POTERO
MILES PER HOUR
HOURS PER ROUND TRIP
TRANSPORTATION COST PER HOUR
COST PER ROUND TRIP
TONS PER TRIP
TRANSPORTATION COMPONENT PER TON
TRANSPORTATION COMPONENT PER TON
EFFECTIVE 10/1/05
FUEL SURCHARGE PER TON
RATE PER TON EFFECTIVE 10/1/06
PROPOSED NEW RATE PER TON
10/1/2001
Bid
$1.30
234
45
5.2
$40.85
$212.40
18.4
$11.54
8/1/2006
$3.20
234
45
5.2
$62.00
$322.38
18.4
$17.52
$12.06
$5.46
$57.51
$62.97
Calculation of Transfer Station
rates from year to year
CPI prior January - All US CitiesI
CPI current January All US Cities
I
Construction component
Operation component
Transportation component
Disposal component
MSWMA surcharge
Net increase over prior year
Transfer Station rates as of
October 1,2005
Compacted rate
185.2
190.7
CPI Net
Increase Increase
O% O%
2.97% 1.5%
2.97% 1.5%
2.97% 1.5%
10/1/2005
$12.36
$7.95
$12.06
$19.84
$52.21
$4.50
$56.71
1.1%
Self haul rate
185.2
190.7
11
Attachment #2
Transfer Station Contract Amendment
9-6-06
Transfer Station rates as of October 1,2006
190.7
198.3
Compacted rate
CPI Net Adjustment
Increase Increase Increase** 10/1/2006
0% 0% $12.36
3.99% 2.0% $8.11
3.99% 2.0% $1.45 $13.75
3.99% 2.0% $20.24
$54.46
$4.50
$58.96
4.0%
Self haul rate
190.7
198.3
CPI prior January - All US CitiesI
CPI current January All US Cities
I
Construction component
MSWMA surcharge
Operation, Disposal & Hauling
Subtotal
10% surcharge for Small loads
Rounding to nickel
CPI
Increase
O%
O%
2.97%
0.0%
Net
Increase
1.5%
$O.Ol
10/1/2OO5
$2.70
$0.67
$7.01
$10.38
$0.70
$0.02
$11.10
CPI
Increase
0%
0%
3.99%
0.0%
Net
Increase
2.0%
$0.04
0.26
10/1/2006
$2.70
$0.67
$7.41
$10.78
$0.74
$O.O3
$11.55
YARD WASTE CALCULATION
Disposal Cost Per Ton
Operation & transportation per
ton
Total Cost Per Ton
Disposal Cost Per Yard
CPI
Increase
2.97%
2.97%
Net
Increase
1.5%
1.5%
10/1/2005
$30.45
6.09
$36.54
$5.25
CPI
Increase
3.99%
3.99%
Ratio
increase
per ton
Net Adjustment
Increase Increase **
2.00%
2.00%
10/1/2006
$0.94 $32.00
$6.21
$38.21
4.57% $5.50
* Net increase is the allowed increase of 50% of CPI rounded to one tenth of a percent.
** Adjustment increase, for 2006, is an increase of $1.45 per ton, based on the significant increase of fuel
for hauling waste to the landfill.
ATTACHMENT:__
FUEL SURCHARGE
PROCEDURES FOR SURCHARGE DECREASES
SEPTEMBER 2006
1. Baseline fuel cost is $3.20 per gallon.
2. Fuel charge greater than $3.20 will not be considered.
3. Fuel surcharge will extend through the life of the existing 15 year contract.
4. The initial fuel charge will be applied on October 2006.
5. The contract manager will review the fuel surcharge factor in July of each
year.
6. The future fuel cost will be measure against the baseline costs to
determine if a surcharge decrease is appropriate.
,
Decreases in the surcharge will be based on the most recent 12 month
average as provided by California energy commission.
http://www.energy.ca.gov/gasoline/statistics/average_yearly_diesel_prices
.html
8. The results of this determination will be separately delineated and applied
to and reflected in the annual adjustment on October 1 st of each year.
AGENDA
ITEM NO: 10a
MEETING DATE: September 6, 2006
SUMMARY REPORT
SUBJECT: DISCUSSION
AMENDING UKIAH CITY
PROCUREMENT.
AND POSSIBLE INTRODUCTION OF
CODE SECTIONS 1521 AND 1522,
ORDINANCE
REGARDING
SUMMARY: At its August 16, 2006, meeting, the City Council considered the
introduction of an ordinance amending Ukiah City Code Sections 1521 and 1522,
concerning formal bidding and open market purchasing by the City.
At the meeting, councilmembers expressed concern that the proposed amendments to
Section 1522 did not adequately address how the Purchasing Officer solicits bids or
proposals for goods and services. The City Attorney also pointed out changes to
Section 1522.C. 1 .c that he recommended.
Attached as Attachment 1 is a redlined draft of the ordinance, showing the changes to
the version considered by the City Council at the last meeting. Attachment 2 is a clean
copy of the revised ordinance.
(continued on page 2)
RECOMMENDED ACTION: Adopt motion to introduce the ordinance by title only;
adopt a motion to introduce the ordinance.
ALTERNATIVE COUNCIL POLICY OPTIONS:
introduction; decline to introduce the ordinance.
Revise the ordinance prior to
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
David J. Rapport, City Attorney
David J. Rapport, City Attorney
Candace Horsley, City Manager; Mary Horger, Purchasing
Officer
Attachment 1- Revised ordinance, redlined
Attachment 2- Revised ordinance, clean
Attachment 3- Letter to Dale Pfeiffer, dated August 23, 2006
Approved:
Candace Horsley, City"~'lanager
Agenda Summary Report
Page 2
The attached revised ordinance deletes the reference in subsection 1522.C.l.c to the
City's water system in the provision providing for separate contracting requirements for
the City's utility systems, and corrects the subsection references. It also adds the
following: "In the absence of a resolution, the Public Utilities Department may use the
procedures specified in subsections C.l.a and C.l.b, above." This sentence will allow
the Public Utilities Department to use the informal and formal bidding requirements in
the Uniform Construction Cost Accounting Act ("the Act"), pending the adoption of a City
Council resolution establishing bidding procedures for the City's electrical utility.
In addition to the changes suggested by the City Attorney, the revised ordinance
contains a new subsection D.3, which reads as follows:
3. When soliciting bids or proposals, the Purchasing Officer
shall use all practically available means to solicit such bids
and proposals from as large a pool of qualified sources as
possible. To aid in accomplishing this goal, the Purchasing
Officer shall solicit proposals from qualified bidders who
appear on any list of bidders maintained by the City,
including the Bidders' List referenced in Section 1521.A.2.
The Purchasing Officer may develop specialized bidders'
lists for each type of contract described in this Section 1522,
including contracts for equipment and supplies, public
projects, personal service and maintenance services. The
Purchasing Officer shall notify potential suppliers or
contractors who contact the City of the opportunity to be
listed on bidders' lists, including through the City's website.
This provision would apply to all procurements under Section 1522. As he indicated at
the August 16 meeting, the City Attorney consulted with the Purchasing Officer prior to
preparing the revisions. She indicated that she was already in the process of preparing
bidders lists as one of her goals for this fiscal year. Including these requirements in the
ordinance is consistent with her goals.
Concern was expressed at the City Council meeting about the City Attorney's opinion
that most work on public utility systems, such as the City's electric system, are not
"public projects," subject to the bidding requirements in the Act. Councilmember Crane
asked whether a complaint against the City of Redding regarding its failure to comply
with the Act had a bearing on this issue.
According to a newsletter posted on the website for the Construction Industry Force
Account Council, the Council filed a formal complaint against the City of Redding with
the Uniform Construction Cost Accounting Commission on November 3, 2005. The
Council complained about four street improvement projects with a combined value of
$146,000, which were apparently performed by the City employees rather than being
put out to bid. Under the Act, projects valued at $30,000 or less can be performed by
city employees. Such work is called "force account" work. The Council complained that
Agenda Summary Report
Page 3
two of the projects were abutting and should have been combined rather than treated
as separate projects for purposes of valuation. It also complained that the City did not
include overhead in calculating the costs of these projects. If overhead were included,
the projects would exceed $30,000 in value and could not be performed by force
account.
According to the newsletter, the Commission audited these projects and found the City
in violation. According to the Act, the City Council must hold a public hearing to receive
the Commission's findings. The newsletter reported that the hearing had been
scheduled for January 2006.
Based on the information available, the Redding complaint did not involve a public utility
system or public bidding procedures, but focused on valuing street improvement
projects for force account purposes.
The City Attorney also indicated that he would seek an opinion on the application of the
Act to construction work on the City's public utility systems. Attached as Attachment 3
is the letter, dated August 23, 2006, to Dale Pfeiffer, a member of the Uniform
Construction Cost Accounting Commission, requesting that opinion. The language
added to Section 1522.C.l.c will allow the Public Utilities Department to use the bidding
procedures in the Uniform Act, pending receipt of that opinion and the development of
bidding procedures for City Council adoption by resolution.
Attachment
ORDZNANCE NO.
ORDZNANCE OF THE cI'rY COUNCZL OF THE
CI*TY OF UK/AH AHENDZNG SECT]:ONS 1521
AND 1522 OF THE UIC[AH CITY CODE,
CONCERNZNG BZDD[NG PROCEDURES AND
OPEN lUlARKET PURCHASES
The City Council of the City of Ukiah hereby ordains as follows:
SECTZON ONE.
Sections 1521 and 1522 in Division 1, Chapter 6, Article 2 of the Ukiah
City Code are hereby amended to read as follows.
§1521: FORMAL CONTRACT PROCEDURE: When formal public bidding
to the lowest responsive and responsible bidder is required by this Code or
applicable state law, the City shall invite bids and award contracts using the
following procedures and such other or different applicable procedures as may
be required by state law or other provisions of this Code:
A. Notice Inviting Bids: Notices inviting bids shall include a general description of
the articles to be purchased or services to be rendered and shall state where
bid blanks, specifications and plans (if applicable) may be secured, and the
time and place for opening bids.
1. Published Notice: Notices inviting bids shall be published at least (10) days
before the date of opening of the bids or for such longer period as may be
required by state law, such as the California Uniform Public Construction Cost
Accounting Act (Public Contracts Code Sections 22000 et seq.). Notices shall
be published at least once in a newspaper of general circulation, printed and
published in the City, or if there is none, it shall be posted in at least three (3)
public places in the City that have been designated by ordinance as the
places for posting public notices.
2. Bidders' List: The Purchasing Officer shall also solicit sealed bids from all
responsible prospective suppliers whose names are on the Bidders' List or
who have made written request that their names be added thereto.
B. Bidder's Security: When deemed necessary by the Purchasing Officer, bidder's
security may be prescribed in the public notices inviting bids. Bidders shall be
entitled to return of bid security; provided, however, that a successful bidder
shall forfeit his bid security upon his refusal or failure to execute the contract
within ten (10) days after the notice of award of contract has been mailed,
unless in the latter event the City is solely responsible for the delay in
executing the contract. The City Council may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest
responsible bidder. If the City Council awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall be applied by the City
to the contract price differential between the lowest bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder. If
the City Council rejects all bids presented and re-advertises, due to a refusal
of the lowest bidder to enter into a contract, the amount of the lowest
bidder's security may be used to offset the cost of receiving new bids with
the surplus, if any, being returned to the lowest bidder.
C. Bid Opening Procedure: Sealed bids shall be submitted to a city official
designated in the notice inviting bids and shall be identified as "bids" on the
envelope. Bids shall be opened in public at the time and place stated in the
public notices. A tabulation of all bids received shall be open for public
inspection during regular business hours for a period of not less than thirty
(30) calendar days after the bid opening.
D. Rejection of Bids: In its discretion, and to the extent and according to the
procedures required by law, the City Council may reject any and all bids
presented and re-advertise for bids pursuant to the procedure hereinabove
prescribed.
E. Lowest Responsible Bidder: Contracts shall be awarded to the lowest
responsible bidder submitting a responsive bid. ;In determining "lowest
responsible bidder", in addition to price, the City Council shall consider:
1. The ability, capacity and skill of the bidder to perform the contract or
provide the service required;
2. Whether the bidder can perform the contract, or provide the service
promptly or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of
the bidder;
4. The previous and existing compliance by the bidder with laws and
ordinance relating to the contract of service;
5. The quality of performance of previous contracts of service;
6. The sufficiency of financial resources and ability of bidder to perform the
contract or provide the service;
7. The quality, availability and adaptability of the supplies, or contractual
services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the
use of the subject of the contract;
9. The number and scope of conditions attached to the bid.
F. Award to Other Than Low Bidder: When the award is not given to the lowest
bidder, a full and complete statement of the reasons for placing the order
elsewhere shall be prepared by the agent and filed with the other papers
relating to the transaction.
G. Tie Bids: If two (2) or more bids received are for the same total amount or
unit price, quality and service being equal, and if the public interest will not
permit the delay of re-advertising for bids, the City Council may in its
discretion accept the one it chooses or accept the lowest bid made by and
after negotiation with the tie bidders at the time of the bid opening.
H. Performance Bonds: The City Council shall have authority to require
performance and payments bonds before entering a contract in such amount
as it shall find reasonably necessary to protect the best interests of the City.
If the City Council requires such bonds, the form and amount shall be
described in the notice inviting bids.
I. Bidders in Default to City: The agent shall not accept the bid of a contractor or
supplier who is in default on the payment of taxes, licenses or other monies
due the City.
§1522: OPEN MARKET, INFORMAL BIDDING AND CONTRACTUAL
SERVICES PROCEDURE:
A. Definitions:
When used in this Section, the following terms shall have the following meaning,
unless another meaning is expressly stated when the term is used.
"Contract for supplies and equipmenV' means a contract for the purchase
or rental of supplies and equipment, where the only service provided directly to
the City involves the delivery and/or installation of the supplies or equipment, is
incidental to the purchase, and where the value of the services provided under
the contract is less than 20% of the total contract price.
"Costing" as used in such phrases as "costing the City" or "costing more than"
means the total cost to the City, including, but not limited to, applicable sales tax
and shipping costs. The amount may be estimated before bids are received. ]~f a
bid is received for not more than 10% more than the estimated amount, the
procurement method specified for the estimated amount may be followed.
"Local vendor" means a business with a physical business address in
Mendocino County at which location the owner and/or employees are regularly
employed and with a currently effective business license issued by the city in
which it is located or, if located in the unincorporated area, by Mendocino County.
"Maintenance" shall have the meaning provided in Public Contracts Code
Section 22002(d), as it currently reads or as it may be amended to read.
"Open market purchase" means a purchase made without a prior written
solicitation of formal bids. Tn making open market purchases, the Purchasing
Officer is encouraged to take advantage of modern communications to obtain the
lowest possible price, consistent with the City's needs, including, but not limited
to, the use of the telephone, the internet and email, and to use all reasonable
means to solicit quotes or proposals from local vendors. The Purchasing Officer
shall maintain a permanent public record for a period of one year from the date
of purchase of each open market purchase, including the method used to obtain
information from vendors, the quotes sought and received, the bid selected and
the reason for the selection.
"Personal Services Contract" means a contract for professional or other
services that does not involve the building or construction trades, but does
include construction management, engineering, architectural and similar
construction design or inspection services.
"Public Project" has the meaning provided in Public Contracts Code Section
22002(c)-(d), as it currently reads, and as it may be amended from time to time.
B. Purchases of supplies and equipment:
1. Supply and equipment contracts under $10,000. Open market
purchases may be used for contracts for the purchase of supplies and equipment
costing $10,000 or less, if the purchase is included within an approved fund
account and an unencumbered appropriation exists in the fund against which the
purchase may be charged. Purchases costing more than $5000 shall be reported
to the City Council at its next regular meeting following the purchase. The report
shall include the information described in the definition of "open market
purchase."
2. Supply and equipment contracts over $10,000. Contracts for
the purchase of supplies and equipment costing more than $10,000 shall be
procured using the following procedures.
a. Minimum Number of Bids: Whenever reasonably feasible, the
Purchasing Officer will award the contract based on at least three (3) bids.
b. Notice Inviting Bids: The Purchasing Officer shall solicit bids by
written request, including the use of email or fax, and/or by telephone with
written confirmation to follow within three (3) working days, which notice shall
include such specifications and bidding requirements as the Purchasing Officer
determines are appropriate to the work, and as are required by law. The
Purchasing Officer shall make reasonable efforts to solicit bids from local vendors.
c. Written Bids: Sealed written bids or bids submitted by email or
FAX shall be submitted to the Purchasing Officer. The Purchasing Officer shall
not disclose the contents of any bids submitted by sealed bid, fax, email, or
telephone, followed by timely written confirmation, until the time appointed to
open or consider all submitted bids.
d. Award of Bids: Supplies and equipment shall be rented or
purchased from the least expensive source, if the Purchasing Officer is satisfied
that all sources and the products offered are of equal quality and suited to the
City's needs. The Purchasing Officer shall maintain a permanent record for a
period of one year of the quotes sought and received, the bid selected and the
reason for the selection. The City Council must award the bid based on the
recommendation of the Purchasing Officer.
3. Cooperative purchases. The Purchasing Officer may purchase
supplies and equipment through a consolidated supply contract or other
cooperative purchasing arrangement with another governmental agency, if
available to the City and if the Purchasing Officer determines that the
procurement method used by that agency provides a purchasing advantage to
the City.
C. Other Contracts.
1. Public Projects Contracts.
a. Contracts for public projects shall be procured in accordance
with the California Uniform Public Construction Cost Accounting Act (Public
Contracts Code Sections 22000 et seq.), as it now reads and as it may be
amended from time to time.
b. Contracts for public projects costing $30,000 or less or such
other amount as may be periodically established by the California Uniform
Construction Cost Accounting Commission pursuant to Public Contracts Code
Section 22020 shall be procured by open market purchase.
c. Contracts to be performed for a City owned public utility, such
l as the City's ~_ I_ _c~_ri _ca_l _sy_st_e_m_,_ _w _h i_c_h_ a_ r_e_ n_o_t_ pu_ b_li_c_ pr_oj _ _e~s_ _o_r_s_u_bj _ec~t_ _t_o_ _~ ~ I)~1~1:1: water or
subsections C. ,2~__a_n_d_C_.~ _b~_ Ip_w_,_ s_h_a_l L b_e_ pro_ c_u~r_e_d_i_n_a_c_c_o_rd_a_n_c_e_ _wi_t_h .......... ~ ~: 4
procedures adopted by the Public Utilities Department and approved by City ~ ~e~e~: s
Council resolution from time to time. In the absence of a resolution, the Public
Utilities Department may use the procedures specified in subsections C. 1.a and
C.l.b, above.
2. Maintenance contracts.
a. Open market purchases may be used for maintenance contracts
costing $10,000 or less, if the purchase is included within an approved fund
account and an unencumbered appropriation exists in the fund against which the
purchase may be charged. Maintenance contracts costing more than $5000 shall
be reported to the City Council at its next regular meeting following the purchase.
The report shall include the information described in the definition of "open
market purchase."
b. Maintenance contracts costing more than $10,000 shall be
procured using the following procedures.
i. Minimum Number of Bids: Whenever reasonably feasible,
the Purchasing Officer will award the contract based on at least three (3) bids.
ii. Notice Inviting Bids: The Purchasing Officer shall solicit
bids by written request, including the use of email or fax, and/or by telephone
with written confirmation to follow within three (3) working days, which notice
shall include such specifications and bidding requirements as the Purchasing
Officer determines are appropriate to the work, and as are required by law. The
Purchasing Officer shall make reasonable efforts to solicit bids from local
contractors.
iii. Written Bids: Sealed written bids or bids submitted by
email or fax shall be submitted to the Purchasing Officer. The Purchasing Officer
shall not disclose the contents of any bids submitted by sealed bid, fax, email or
telephone, followed by timely written confirmation, until the time appointed to
open or consider all submitted bids.
iv. Award of Bids: The maintenance contract shall be
awarded to the least expensive bidder, if the Purchasing Officer is satisfied that
all bids are equally qualified and suited to the City's needs. The Purchasing
Officer shall maintain a permanent record for a period of one year of the quotes
sought and received, the bid selected and the reason for the selection. The
Purchasing Officer shall present the recommended bid to the City Council for
award.
3. Personal Services Contracts.
a. Open market purchases may be used for personal services
contracts costing $10,000 or less, if the purchase is included within an approved
fund account and an unencumbered appropriation exists in the fund against
which the purchase may be charged. Personal services contracts costing more
than $5000 shall be reported to the City Council at its next regular meeting
following the purchase. The report shall include the information described in the
definition of "open market purchase."
b. Personal services contracts costing more than $10,000 shall be
awarded using the following procedures
i. Minimum Number of Bids: Whenever reasonably feasible,
the Purchasing Officer will award the contract based on at least three (3)
proposals, and shall award the contract on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory
performance of the services required. To the extent permitted by law, including,
but not limited to, Government Code section 4526, the Purchasing Officer shall
consider cost as one factor in awarding the contract.
ii. Notice Inviting Bids: The Purchasing Officer shall solicit
proposals by written request for proposal (RFP), which shall include such
specifications and requirements as the Purchasing Officer determines are
appropriate to the work and as are required by law. Announcements of RFPs
may, but need not, be placed in appropriate professional publications. RFPs shall
be sent to the largest number of qualified professionals practical in the judgment
of the Purchasing Officer. The Purchasing Officer shall include as many small
business firms as identified by the Director of General Services of the State of
California pursuant to Government Code section 14837 as the Purchasing Officer
determines is practical. The Purchasing Officer shall use reasonable efforts to
solicit proposals from local vendors. The Purchasing Officer and his or her
designees shall not engage in any practice which might result in unlawful or
unfair treatment in processing proposals and awarding contracts, including, but
not limited to, rebates, kickbacks, bribes or other unlawful consideration. No City
officer or employee shall participate in the selection process when those officers
or employees have a relationship with a person or business entity seeking a
contract under this subsection which would subject those officers or employees
to the prohibition of Government Code section 87100.
iii. Written Proposals: Written proposals shall be submitted
to the Purchasing Officer who shall keep a public record of all such proposals for
a period of one year after their submission. The contract shall be awarded by the
City Council based on the proposal, such personal interviews as the Purchasing
J Officer deems appropriate, the criteria set forth in subsections (i) and (jj_i)~_a_bpy_e. _ _ _ - { oelet~: 2
and the recommendation of the Purchasing Officer.
D. Miscellaneous
1. Any dollar limits specified herein, except for the limit in
subsection B.2, may be revised by a resolution of the City Council based on
changes in the cost of living or the cost of goods or services available to the City.
2. Procurement of goods or services not specifically addressed in
this section may be purchased by open market purchase, unless a different
method is required by state statute or regulation or another provision of this
Code.
3. When soliciting bids or proposals, the Purchasing Officer shall
use all 0ractically available means to solicit such bids and oro0osals from as
large a 0ool of e. ualified sources as possible. To aid in accomplishing this goal,
the Purchasing Officer shall solicit proposals from qualified bidders who appear
on any list of bidders maintained by the City, including the Bidders' List
referenced in Section 1521.A.2. The Purchasing Officer may develop specialized
bidders' lists for each type of contract described in this Section 1522, including
contracts for equipment and supplies; 0ublic proj~;ts, personal service and
maintenance services. The Purchasing Officer shall notify potential Suppliers or
contractors who contact the City of the opportunity to be listed on bidders' lists,
including through the City's website.
1. SEVERABILITY. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the
ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby. The City Council hereby declares
that it would have adopted this Ordinance and any section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or
otherwise invalid.
2. EFFECTIVE DATE. This Ordinance shall be published as required by
law in a newspaper of general circulation in the City of Ukiah, and shall become
effective thirty (30) days after its adoption.
Introduced by title only on
,2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on
,2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Ashiku, Mayor
ATTEST:
Gail Petersen, City Clerk
ATTACHMENT
ORDI'NANCE NO.
ORDI'NANCE OF THE CI'TY COUNC'rL OF THE
CITY OF UKI'AH AMENDI'NG SECTI'ONS 1521
AND 1522 OF THE UKI'AH CI'TY CODE~,
CONCERNI'NG BTDDI'NG PROCEDURES AND
OPEN MARKET PURCHASES
The City Council of the City of Ukiah hereby ordains as follows:
SECT'TON ONE.
Sections 1521 and 1522 in Division 1, Chapter 6, Article 2 of the Ukiah
City Code are hereby amended to read as follows.
§1521: FORMAL CONTRACT PROCEDURE: When formal public bidding
to the lowest responsive and responsible bidder is required by this Code or
applicable state law, the City shall invite bids and award contracts using the
following procedures and such other or different applicable procedures as may
be required by state law or other provisions of this Code:
A. Notice Tnviting Bids: Notices inviting bids shall include a general description of
the articles to be purchased or services to be rendered and shall state where
bid blanks, specifications and plans (if applicable) may be secured, and the
time and place for opening bids.
1. Published Notice: Notices inviting bids shall be published at least (10) days
before the date of opening of the bids or for such longer period as may be
required by state law, such as the California Uniform Public Construction Cost
Accounting Act (Public Contracts Code Sections 22000 et seq.). Notices shall
be published at least once in a newspaper of general circulation, printed and
published in the City, or if there is none, it shall be posted in at least three (3)
public places in the City that have been designated by ordinance as the
places for posting public notices.
2. Bidders' List: The Purchasing Officer shall also solicit sealed bids from all
responsible prospective suppliers whose names are on the Bidders' List or
who have made written request that their names be added thereto.
B. Bidder's Security: When deemed necessary by the Purchasing Officer, bidder's
security may be prescribed in the public notices inviting bids. Bidders shall be
entitled to return of bid security; provided, however, that a successful bidder
shall forfeit his bid security upon his refusal or failure to execute the contract
within ten (10) days after the notice of award of contract has been mailed,
unless in the latter event the City is solely responsible for the delay in
executing the contract. The City Council may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest
responsible bidder. :If the City Council awards the contract to the next lowest
bidder, the amount of the lowest bidder's security shall be applied by the City
to the contract price differential between the lowest bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder, l~f
the City Council rejects all bids presented and re-advertises, due to a refusal
of the lowest bidder to enter into a contract, the amount of the lowest
bidder's security may be used to offset the cost of receiving new bids with
the surplus, if any, being returned to the lowest bidder.
C. Bid Opening Procedure: Sealed bids shall be submitted to a city official
designated in the notice inviting bids and shall be identified as "bids" on the
envelope. Bids shall be opened in public at the time and place stated in the
public notices. A tabulation of all bids received shall be open for public
inspection during regular business hours for a period of not less than thirty
(30) calendar days after the bid opening.
D!
Rejection of Bids: ]:n its discretion, and to the extent and according to the
procedures required by law, the City Council may reject any and all bids
presented and re-advertise for bids pursuant to the procedure hereinabove
prescribed.
E. Lowest Responsible Bidder: Contracts shall be awarded to the lowest
responsible bidder submitting a responsive bid. :In determining "lowest
responsible bidder", in addition to price, the City Council shall consider:
1. The ability, capacity and skill of the bidder to perform the contract or
provide the service required;
2. Whether the bidder can perform the contract, or provide the service
promptly or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of
the bidder;
4. The previous and existing compliance by the bidder with laws and
ordinance relating to the contract of service;
5. The quality of performance of previous contracts of service;
6. The sufficiency of financial resources and ability of bidder to perform the
contract or provide the service;
7. The quality, availability and adaptability of the supplies, or contractual
services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the
use of the subject of the contract;
9. The number and scope of conditions attached to the bid.
F. Award to Other Than Low Bidder: When the award is not given to the lowest
bidder, a full and complete statement of the reasons for placing the order
elsewhere shall be prepared by the agent and filed with the other papers
relating to the transaction.
G. Tie Bids: ]:f two (2) or more bids received are for the same total amount or
unit price, quality and service being equal, and if the public interest will not
permit the delay of re-advertising for bids, the City Council may in its
discretion accept the one it chooses or accept the lowest bid made by and
after negotiation with the tie bidders at the time of the bid opening.
H. Performance Bonds: The City Council shall have authority to require
performance and payments bonds before entering a contract in such amount
as it shall find reasonably necessary to protect the best interests of the City.
l~f the City Council requires such bonds, the form and amount shall be
described in the notice inviting bids.
Bidders in Default to City: The agent shall not accept the bid of a contractor or
supplier who is in default on the payment of taxes, licenses or other monies
due the City.
§1522: OPEN MARKET, ]:NFORMAL B]:DD]:NG AND CONTRACTUAL
SERV]:CES PROCEDURE:
A. Definitions:
When used in this Section, the following terms shall have the following meaning,
unless another meaning is expressly stated when the term is used.
"Contract for supplies and equipment" means a contract for the purchase
or rental of supplies and equipment, where the only service provided directly to
the City involves the delivery and/or installation of the supplies or equipment, is
incidental to the purchase, and where the value of the services provided under
the contract is less than 20% of the total contract price.
"Costing" as used in such phrases as "costing the City" or "costing more than"
means the total cost to the City, including, but not limited to, applicable sales tax
and shipping costs. The amount may be estimated before bids are received. ]:f a
bid is received for not more than 10% more than the estimated amount, the
procurement method specified for the estimated amount may be followed.
"Local vendor" means a business with a physical business address in
IVlendocino County at which location the owner and/or employees are regularly
employed and with a currently effective business license issued by the city in
which it is located or, if located in the unincorporated area, by Mendocino County.
"Maintenance" shall have the meaning provided in Public Contracts Code
Section 22002(d), as it currently reads or as it may be amended to read.
"Open market purchase" means a purchase made without a prior written
solicitation of formal bids. ]:n making open market purchases, the Purchasing
Officer is encouraged to take advantage of modern communications to obtain the
lowest possible price, consistent with the City's needs, including, but not limited
to, the use of the telephone, the internet and email, and to use all reasonable
means to solicit quotes or proposals from local vendors. The Purchasing Officer
shall maintain a permanent public record for a period of one year from the date
of purchase of each open market purchase, including the method used to obtain
information from vendors, the quotes sought and received, the bid selected and
the reason for the selection.
"Personal Services Contract" means a contract for professional or other
services that does not involve the building or construction trades, but does
include construction management, engineering, architectural and similar
construction design or inspection services.
"Public Project" has the meaning provided in Public Contracts Code Section
22002(c)-(d), as it currently reads, and as it may be amended from time to time.
B. Purchases of supplies and. equipment:
1. Supply and equipment contracts under $10,000. Open market
purchases may be used for contracts for the purchase of supplies and equipment
costing $10,000 or less, if the purchase is included within an approved fund
account and an unencumbered appropriation exists in the fund against which the
purchase may be charged. Purchases costing more than $5000 shall be reported
to the City Council at its next regular meeting following the purchase. The report
shall include the information described in the definition of "open market
purchase."
2. Supply and equipment contracts over $10,000. Contracts for
the purchase of supplies and equipment costing more than $10,000 shall be
procured using the following procedures.
a. Minimum Number of Bids: Whenever reasonably feasible, the
Purchasing Officer will award the contract based on at least three (3) bids.
b. Notice ]:nviting Bids: The Purchasing Officer shall solicit bids by
written request, including the use of email or fax, and/or by telephone with ·
written confirmation to follow within three (3) working days, which notice shall
include such specifications and bidding requirements as the Purchasing Officer
determines are appropriate to the work, and as are required by law. The
Purchasing Officer shall make reasonable efforts to solicit bids from local vendors.
c. Written Bids: Sealed written bids or bids submitted by email or
FAX shall be submitted to the Purchasing Officer. The Purchasing Officer shall
not disclose the contents of any bids submitted by sealed bid, fax, email, or
telephone, followed by timely written confirmation, until the time appointed to
open or consider all submitted bids.
d. Award of Bids: Supplies and equipment shall be rented or
purchased from the least expensive source, if the Purchasing Officer is satisfied
that all sources and the products offered are of equal quality and suited to the
City's needs. The Purchasing Officer shall maintain a permanent record for a
period of one year of the quotes sought and received, the bid selected and the
reason for the selection. The City Council must award the bid based on the
recommendation of the Purchasing Officer.
3. Cooperative purchases. The Purchasing Officer may purchase
supplies and equipment through a consolidated supply contract or other
cooperative purchasing arrangement with another governmental agency, if
available to the City and if the Purchasing Officer determines that the
procurement method used by that agency provides a purchasing advantage to
the City.
C. Other Contracts.
1. Public Projects Contracts.
a. Contracts for public projects shall be procured in accordance
with the California Uniform Public Construction Cost Accounting Act (Public
Contracts Code Sections 22000 et seq.), as it now reads and as it may be
amended from time to time.
b. Contracts for public projects costing $30,000 or less or such
other amount as may be periodically established by the California Uniform
Construction Cost Accounting Commission pursuant to Public Contracts Code
Section 22020 shall be procured by open market purchase.
c. Contracts to be performed for a City owned public utility, such
as the City's electrical system, which are not public projects or subject to
subsections C. 2 and C.3, below, shall be procured in accordance with
procedures adopted by the Public Utilities Department and approved by City
Council resolution from time to time. :In the absence of a resolution, the Public
Utilities Department may use the procedures specified in subsections C.l.a and
C.l.b, above.
2. Maintenance contracts.
a. Open market purchases may be used for maintenance contracts
costing $10,000 or less, if the purchase is included within an approved fund
account and an unencumbered appropriation exists in the fund against which the
purchase may be charged. Maintenance contracts costing more than $5000 shall
be reported to the City Council at its next regular meeting following the purchase.
The report shall include the information described in the definition of "open
market purchase."
b. Maintenance contracts costing more than $10,000 shall be
procured using the following procedures.
i. Minimum Number of Bids: Whenever reasonably feasible,
the Purchasing Officer will award the contract based on at least three (3) bids.
ii. Notice Inviting Bids: The Purchasing Officer shall solicit
bids by written request, including the use of email or fax, and/or by telephone
with written confirmation to follow within three (3) working days, which notice
shall include such specifications and bidding requirements as the Purchasing
Officer determines are appropriate to the work, and as are required by law. The
Purchasing Officer shall make reasonable efforts to solicit bids from local
contractors.
iii. Written Bids: Sealed written bids or bids submitted by
email or fax shall be submitted to the Purchasing Officer. The Purchasing Officer
shall not disclose the contents of any bids submitted by sealed bid, fax, email or
telephone, followed by timely written confirmation, until the time appointed to
open or consider all submitted bids.
iv. Award of Bids: The maintenance contract shall be
awarded to the least expensive bidder, if the Purchasing Officer is satisfied that
all bids are equally qualified and suited to the City's needs. The Purchasing
Officer shall maintain a permanent record for a period of one year of the quotes
sought and received, the bid selected and the reason for the selection. The
Purchasing Officer shall present the recommended bid to the City Council for
award.
3. Personal Services Contracts.
a. Open market purchases may be used for personal services
contracts costing $10,000 or less, if the purchase is included within an approved
fund account and an unencumbered appropriation exists in the fund against
which the purchase may be charged. Personal services contracts costing more
than $5000 shall be reported to the City Council at its next regular meeting
following the purchase. The report shall include the information described in the
definition of "open market purchase."
b. Personal services contracts costing more than $10,000 shall be
awarded using the following procedures
i. Minimum Number of Bids: Whenever reasonably feasible,
the Purchasing Officer will award the contract based on at least three (3)
proposals, and shall award the contract on the basis of demonstrated
competence and on the professional qualifications necessary for the satisfactory
performance of the services required. To the extent permitted by law, including,
but not limited to, Government Code section 4526, the Purchasing Officer shall
consider cost as one factor in awarding the contract.
ii. Notice ]:nviting Bids: The Purchasing Officer shall solicit
proposals by written request for proposal (RFP), which shall include such
specifications and requirements as the Purchasing Officer determines are
appropriate to the work and as are required by law. Announcements of RFPs
may, but need not, be placed in appropriate professional publications. RFPs shall
be sent to the largest number of qualified professionals practical in the judgment
of the Purchasing Officer. The Purchasing Officer shall include as many small
business firms as identified by the Director of General Services of the State of
California pursuant to Government Code section 14837 as the Purchasing Officer
determines is practical. The Purchasing Officer shall use reasonable efforts to
solicit proposals from local vendors. The Purchasing Officer and his or her
designees shall not engage in any practice which might result in unlawful or
unfair treatment in processing proposals and awarding contracts, including, but
not limited to, rebates, kickbacks, bribes or other unlawful consideration. No City
officer or employee shall participate in the selection process when those officers
or employees have a relationship with a person or business entity seeking a
contract under this subsection which would subject those officers or employees
to the prohibition of Government Code section 87100.
iii. Written Proposals: Written proposals shall be submitted
to the Purchasing Officer who shall keep a public record of all such proposals for
a period of one year after their submission. The contract shall be awarded by the
City Council based on the proposal, such personal interviews as the Purchasing
Officer deems appropriate, the criteria set forth in subsection (2), and the
recommendation of the Purchasing Officer.
D. Miscellaneous
1. Any dollar limits specified herein, except for the limit in
subsection B.2, may be revised by a resolution of the City Council based on
changes in the cost of living or the cost of goods or services available to the City.
2. Procurement of goods or services not specifically addressed in
this section may be purchased by open market purchase, unless a different
method is required by state statute or regulation or another provision of this
Code.
3. When soliciting bids or proposals, the Purchasing Officer shall
use all practically available means to solicit such bids and proposals from as
large a pool of qualified sources as possible. To aid in accomplishing this goal,
the Purchasing Officer shall solicit proposals from qualified bidders who appear
on any list of bidders maintained by the City, including the Bidders' List
referenced in Section 1521.A.2. The Purchasing Officer may develop specialized
bidders' lists for each type of contract described in this Section 1522, including
contracts for equipment and supplies, public projects, personal service and
maintenance services. The Purchasing Officer shall notify potential suppliers or
contractors who contact the City of the opportunity to be listed on bidders' lists,
including through the City's website.
SECTION TWO.
:[. SEVERAB]:L1~TY. ]:f any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the
ordinance and the application of such provision to other persons or
circumstances shall not be affected thereby. The City Council hereby declares
that it would have adopted this Ordinance and any section, subsection, sentence,
clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional or
otherwise invalid.
2. EFFECTIVE DATE. This Ordinance shall be published as required by
law in a newspaper of general circulation in the City of Ukiah, and shall become
effective thirty (30) days after its adoption.
Introduced by title only on
., 2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Adopted on
,2006 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mark Ashiku, Mayor
A-I-FEST:
Gail Petersen, City Clerk
Law Offices Of
I~,AI'I'ORT AN D MARSTON
An As.~ociat. ion of,"4olo I)ractitioner.~
405 W. Perkins Street
P.O. Box 488
Ukiah, California 95482
e-mail: drapport@pacboll, not
ATTACHMEN? _=~
David J. Rapport
Lester J. Marston
Scott Johnson
Mary Jane Sheppard
(707) 462-6846
FAX 462-4235
August 23, 2006
Mr. Dale Pfeiffer, Director
Department of Public Works
City of Vacaville
650 Merchant Street
Vacaville, CA. 95688
Rc: Questions Regarding Uniform Construction Cost Accounting Act
Dear Mr. Pfeiffer:
Thank you for taking my call on August 16, 2006, As you suggested I am writing you in your capacity as a
member of the Uniform Construction Cost Accounting Commission about an interpretation of the Uniform
Construction Cost Accounting Act.
As I explained in our phone conversation, I am the City Attorney for the City of Ukiah, The City owns and
operates its own electrical system. The system is operated as an enterprise fund as part of the City's Public
Utility Department, which also operates the City's water system and its sewer system. The Department is
part of the City government. It is not a separate legal entity. Its Director is a City Department Head hired by
and answerable to the City Manager. The system includes an electrical distribution system, including
overhead and underground electrical transmission lines, power poles, above and below ground
transformers, an electrical substation, a hydroelectric generation facility at the Coyote Dam on Lake
Mendocino, and related facilities. The City also belongs to the Northern California Power Agency ("NCPA")
which is a joint powers agency comprised of cities and special districts which own electrical utility systems.
Through NCPA, the City owns an interest in a number of electrical facilities, including generating and
transmission facilities. All of these facilities or interests in them are owned by the City of Ukiah. The City has
elected to comply with the Uniform Construction Cost Accounting Act by adopting and filing with the
Controller the required resolution.
This is my question: Is thc City required to follow the public bidding requirements in the Act, when pcrforming
work on its electric utility systom which dc)os not involve construction, erection, improvement, or repair of
dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.'?,
This question arises from the following provisions in the Act. Public Contracts Code Section 220324
specifies how "public projects" with different valuations may be performed; either by force account, informal
bidding or formal bidding. Only public projects are regulated by the provisions of thc Act, although Section
All section references to the Public Contracts Code, unless otherwise indicated,
Letter to Dale Pfeiffer
Subject: Application of Uniform Construction Cost Accounting Act
Date: August 23, 2006
Page 2
22003 allows a public agency that has elco-ted to become subject to the Act to use the bidding procedures
in the act for work that does not come within the definition of public projects contained in the Act. My
question is not concerned with the City's ability to voluntarily use the bidding procedures in tho Act, but is
addressed solely to whether the City is required to follow those procedures in connection with work on its
electric utility system.
As we discussed on thc phone, the term "public proiect" is defined in Section 22002. That section begins
with a very broad definition of public project that includes: "Construction, reconstruction, erection, alteration,
renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated
facility." (See subsection (c)(1).) However, the section goes on to state that:: "In the case of a publicly owned
utility system, "public project" shall include onlythe construction, erection, improvement, or repair of dams,
reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher." (Subsection (c)(3),
Emphasis added.) Moreover, subsection (e) states: "For purposes of this chapter, "facility" means any plant,
building, structure, ground facility, utility system, subject to the limitation found in paragraph (3) of
subdivision (c), real property, streets and highways, or other public work improvement. (Emphasis added.)
I read this definition to mean that notwithstanding the very broad general definition of public project, a much
narrower definition applies to work on publicly owned utility systems. In the case of utility systems the only
construction, erection, improvement or repair work that comes within the definition of public work is work on
dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.
I note that thc Act does not contain a definition of "publicly owned utility system" or "utility system," but the
phrase refers to a system and not to an entity, In addition, the term "facility" is specifically defined in
subsection (e) with reference to utility systems, which are subject to the limitations on the definition of public
project in subsection (c)(3). In Ukiah's case, the electric utility system includes all of the facilities I described
at the beginning of this letter. In terms of the definition it does not appear to matter whether the system is
owned directly by a general purpose local government, like the City, or a special district with a purpose
limited to the operation of a utility system.
While the Act does not define "publicly owned utility system," Article Xl, §9 of the California Constitution,
entitled: "Public Utilities," authorizes cities to "establish, purchase, and operate public works to furnish its
inhabitants with light, water, power, heat, transportation, or means of communication." The Legislature has
implemented this authorization in Government Code §§ 38730 [referencing water, water rights, reservoir
sites, rights of way for pipes, aqueducts, flumes, or other conduits] and 39732 [referencing bus lines, street
railways, steam railway spur tracks, telephone and telegraph lines, gas and other works for light, power, and
heat, public libraries, museums, gymnasiums, parks, and baths]. Sewer service is not included in these
references to public utilities which cities are authorized to own and operate. At the same time, the
construction and operation of sewers derives from a city's police power under Cai, Const., Art. Xl, §7, and is
generally regarded as a governmental rather than a proprietary function along with thc construction of
streets and storm drains. (See, e.g. Gev. Code §38900 ["A city legislative body may construct, establish, and
maintain drains and sewers,']. See, also, Los Angeles County Flood Control Dist. v Southern California
Edison Co. (1958) 51 Cai 2d 331 [Thc laying of sewers is a governmental as distinct from a proprietaw
function].
An electric utility system provides City residents with light, heat, and power and would appear to constitute
a public utility within the meaning of Article XI, §9 of the Cai, Const, and Government Code Section 39732,
As we discussed on the phone, you have the authority, as a member of the Commission, to submit this
question to the State Controller who has the authority to request an opinion of thc Attorney General on this
subject.
Please let me know if you need any further information from me in connection with seeking this opinion.
Letter to Dale Pfeiffer
Subject: Application of Uniform Construction Cost Accounting Act
Oate: August 23, 2006
Page 3
Plcase keep me_ informed about the status of this inquiry. Thank you for your time and assistance.
3pt~rr,~
Ukiah City Attorney
Cc: Ukiah City Council
ITEM NO. 1 la
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF A RESOLUTION APPROVING A 3 MW PARTICIPATION IN
THE NORTHERN CALIFORNIA POWER AGENCY GREEN POWER PROJECT AND THE
MEMBER AGREEMENT (3rd PHASE AGREEMENT) TO PURCHASE GREEN POWER
FROM NCPA ACQUIRED THROUGH PPAs AND PHYSICAL ASSETS CLASSIFIED AS
RENEWABLE ELECTRIC GENERATING PROJECTS
BACKGROUND: In November 2005 the Northern California Power Agency (NCPA) provided
future power recommendations to the City of Ukiah. At that time NCPA suggested a 2 MW
interest in the NCPA Green Power Project (NGPP). Since then the City has lost 2 MW due to
the Calpine bankruptcy. As a result, NCPA has revised the City's NGPP interest to 3 MW.
The NCPA Commission approved the NGPP 3rd Phase Agreement on June 22, 2006. (See
Attachment 2 - NCPA Commission Staff Report and Resolution 06-26.) Staff is requesting the
City Council's approval of the NGPP 3rd Phase Agreement.
DISCUSSION: The NGPP 3rd Phase Agreement is an agreement between each participating
Member and NCPA, and authorizes NCPA to procure eligible renewable power supply
resources through one or more Request for Proposals (RFP).
(continued on Page 2)
RECOMMENDED ACTION: Staff recommends the City Council adopt the attached resolution
(Attachment 1) authorizing the City Manager or his/her designee to execute the attached
NGPP 3rd Phase Agreement with the Northern California Power Agency (NCPA), to conduct
the necessary due diligence, and negotiate power purchase contracts for up to 3 MW of
electric energy supplies generated by renewable electric generation projects.
ALTERNATIVE COUNCIL POLICY OPTION: Redirect staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
NA
Elizabeth Kirkley, Electrical Distribution Engineer
Elizabeth Kirkley, Electrical Distribution Engineer
Candace Horsley, City Manager; David Rapport, City Attorney
Attachment 1 - Member Resolution 2006-05-09
Attachment 2 - NCPA Commission SR and Resolution 06-26
Attachment 3 - NGPP 3rd Phase Agreement 2006-06-22
APPROVED" '~~~~M
Candace Horsley, City ager
The object of the RFPs will be to seek out those proposals that will meet the renewable
resource standards and provide the best value for the participants in the NGPP. The NGPP
portfolio of eligible renewable resources is expected to include purchases from independent
renewable power producers through long-term or equity position contracts.
Entering into this agreement to purchase electricity from renewable resources and investigate
and acquire physical assets to generate electricity using renewable resources is consistent
with the City's renewable power goals. The City will aid in the reduction of pollutants, assist in
reducing reliance on fossil fuels, and assist both the City customers and the State of California
in reaching renewable energy goals. At the same time, the City will benefit from lowered risk
by spreading energy requirements over multiple projects, and also avoid duplication of efforts,
thus achieving economies of scale.
A copy of the NGPP 3rd Phase Agreement is attached as Attachment 3.
The NCPA Facilities Agreement, effective September 22, 1993, provides for three phases of
project planning and development. The 1st Phase is exploratory, the 2nd Phase consists of
licensing and permitting a project, the 3rd Phase is where participants finalize participation
levels and the project is financed and constructed. The Members directed NCPA to bypass
the 1st and 2nd Phases and complete the necessary documents required to enter into the final
3rd Phase Agreement.
All of the projects directly governed by the NGPP 3rd Phase Agreement will be acquired
through individual PPAs for renewable power projects built, owned, and operated by third party
suppliers. The NGPP 3rd Phase Agreement also directs NCPA to investigate, construct and
operate renewable power projects. These physical assets will be controlled through additional
3rd Phase Agreements for each project, with the rights to output from these physical projects
allocated on the same basis as the output from the PPAs under the NGPP 3rd Phase
Agreement. NCPA will serve as the scheduling coordinator, managing the day-to-day
scheduling activities, verifying deliveries, monitoring supplier compliance with contractual
obligations, and managing invoicing and payment. NCPA will receive power directly from the
projects, and allocate the energy deliveries and costs to the participating members.
The pro-forma Power Purchase Agreement (PPA), also attached, defines the key issues of
quantity, type, metering, scheduling, liability, operating/scheduling requirements, etc. Each
PPA may differ due to specific circumstances of the renewable power supplier.
The output from all projects under the NGPP 3rd Phase Agreement will be based on the
Participant percentages established in the NGPP 3rd Phase Agreement. The Participant
percentages will be calculated based on the final actual MW elections of each participant
relative to the total actual MW of all participants. These percentages define both the benefits
and costs of the NGPP for each participant.
The final product specification, volume, contract term, and pricing for each individual project to
be included in the NGPP are to be finalized during negotiations. Once agreed upon by
participating Member staffs and NCPA staff, NGPP participant representatives (participant
commissioners or their designee) will vote on including each resource in the NGPP. In the
case of PPAs, energy payments will be made as energy is delivered. In the case of physical
assets, debt payments will be defined and paid monthly.
FINANCIAL IMPACT: Funds to support the City's share of the costs of the work outlined in
the NGPP 3rd Phase Agreement will displace funds budgeted for market power purchases as
included in the Electric Utility Department Budget.
ENVIRONMENTAL REVIEW: Execution of the NGPP 3rd Phase Agreement does not
constitute a project for the purposes of the California Environmental Quality Act (CEQA).
However, the City and other participating members intend to receive output from projects that
will constitute a project for the purposes of CEQA. The NGPP 3rd Phase Agreement provides
for NCPA, on behalf of itself and the project participants to ensure that environmental review
has been conducted and certified prior to finalization of any power acquisition.
A representative from NCPA will be in attendance at this meeting to answer any questions
related to this project as well as additional power purchasing issues for the City.
ATTACHMENT_
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE
NCPA GREEN POWER PROJECT (NGPP) 3rd PHASE AGREEMENT FOR THE
ACQUISITION OF RENEWABLE ELECTRIC GENERATION AND DESIGNATING A
PARTICIPANT REPRESENTATIVE FOR THE PURPOSE OF VOTING ON NGPP
ISSUES AT THE NCPA COMMISSION
WHEREAS, the City of Ukiah ("City"), a municipal utility, is a electrical "Load
Serving Entity" within the California electrical transmission grid; and
WHEREAS, the City through the City Council desires to increase the utilization
of renewable energy resources as part of its power mix; and
WHEREAS, entering into the NGPP 3rd Phase Agreement will assist the City
in: meeting its RPS and other renewable power goals, reducing reliance on fossil fuels and
their associated fuel price volatilities, assisting the State of California in meeting its
renewable energy goals, lowering delivery risk by spreading energy deliveries across
multiple projects, avoiding duplication of efforts, and achieving economies of scale; and
WHEREAS, the City is ready, willing and able to purchase such power
supplies through the NCPA power purchase agreements; and
WHEREAS, the NORTHERN CALIFORNIA POWER AGENCY (NCPA) is
ready willing and able to enter into power purchase agreements on behalf of City; and
WHEREAS, the NCPA Commission on June 29, 2006 approved resolution 06-
26 authorizing the creation of the NGPP;
follows:
NOW, THEREFORE, the City Council of the City of Ukiah hereby RESOLVE as
1. The City Council, as the Local Regulatory Agency for the electric utility,
hereby: a) approves participation in the NGPP, b) approves the activities and intent of the
NGPP 3rd Phase Agreement, c) directs the City Manager to sign the NGPP 3rd Phase
Agreement, d) approves the City's NGPP participation quantity as designated therein, e)
authorizes representatives to make changes as authorized within the parameters of the
3rd Phase Agreement.
2. The City Council finds that the adoption of this resolution does not constitute
a project under the California Environmental Quality Act and no environmental assessment
is required.
INTRODUCED AND PASSED: ,2006
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
APPROVED:
Gail Petersen, City Clerk
Mark Ashiku, Mayor
0RTHERN CALIFORNIA POWER AGENCY
Commission Staff Report
ATTACHMENT_
ITEM NO. [/-~
June 13, 2006
TO:
The NCPA Commission
Adoption of a Resolution Approving Creation of the Northern California Power
Agency Green Power Project (NGPP) and The NCPA Third Phase Member
Agreement for Participating Members to Purchase Green Power from NCPA to be
Acquired Through PPAs and Physical Assets.Classified as Renewable Electric
Generating Projects - Action Item
Background
As mandated by statute (SB 1078, Sher, 2002), municipal utilities are obligated to develop and
implement a Renewables Portfolio Standard (RPS) so aS "to encourage renewable resources, while
taking into consideration the effect of the standard on rates, reliability, and financial resources and
the goal of environmental improvement" (Public Utilities Code Section 387(a)). In many cases, the
mandate of mating and implementing a lIPS merely confirmed and ratified renewable programs
already in place by NCPA Members. Public policy and state law now emphasize the importance of
utilizing renewable resources to meet power loads. In light of SB 1078 and the actions of both
public and investor owned utilities, it is anticipated that eligible renewable resources will become
limited as utility demands increase. It is thus proper for NCPA to become very proactive in taking
· the necessary steps to ensure the availability of sufficient resources to meet the needs of its
members.
NCPA staff has had multiple discussions with Member Utility Directors regarding the mechanism
to accomplish such purpose. Agreement was reached during the August 2005 Commission meeting
that NCPA would develop Member agreements to obtain renewable energy through generation or
purchase activities meeting specified terms and conditions. These renewable agreements will aid in
the reduction of pollutants, diminish reliance on fossil fuels, and assist both the Members, their
customers and the State of California in reaching renewable energy goals. At the same time, NCPA
Members will benefit from lowered risk by spreading energy requirements over multiple Projects,
avoid duplication of efforts, and achieving economies of scale.
Accordingly, staff presented the Commission with a request to proceed to create these contracts in
August of 2005. The Commission approved this process and the contracts have now been created.
Outline of Contracts
Copies of the three primary documents associated with the NGPP are attached. These documents
are: 1) the Third Phase Agreement, 2) pro-forint Request for Proposals ('RFP), and 3) the pro-forint
Power Purchase Agreement (PPA).
SR: 162:6
Adoption of a Resolution Approving Creation of the Northern California Power Agency Green
Power Project (NGPP) and The NCPA Third Phase Member Agreement to Purchase Green Power
from NCPA to be Acquired Through PPAs and Physical Assets Classified as Renewable Electric
Generating Projects
June 7, 2006
Page 2
The NGPP Third Phase Agreement is an agreement between each participating Member and NCPA,
and authorizes NCPA to procure eligible renewable power supply resources through one or more
Request for Proposals (RFP). The objective of the RFPs will be to seek out those proposals that
will meet the renewable resource standards and provide the best value for the participants in the
NGPP. The NGPP portfolio of eligible renewable resources is expected to include purchases from
independent renewable power producers through long-term or equity position contracts.
The NCPA Facilities Agreement, effective September 22, 1993, provides for three phases of Project
planning and development. The First Phase is exploratory, the Second Phase consists of all work,
licensing and permitting ancillary to a Project, and the final Third Phase where participants commit
to participation levels and the Project is financed and constructed. Because of the nature of this
Project, the Members directed NCPA to bypass the First and Second Phases and complete the
necessary documents required to enter into the final the Third Phase Agreement.
All Projects directly governed by the NGPP Third Phase Agreement will be acquired through
individual PPAs for renewable power projects built, owned, and operated by third party suppliers.
The NGPP Third Phase Agreement also directs NCPA to investigate, construct and operate
renewable power projects. These physical assets will be controlled through additional Third Phase
Agreements for each project, with the rights to output from' these physical projects allocated on the
same basis as the output from the PPAs under the NGPP Third Phase Agreement. NCPA will serve
as the scheduling coordinator, manage the day-to-day scheduling activities, verify deliveries,
monitor supplier compliance with contractual obligations, manage invoicing and payment, and
perform other activities needed for safe and prudent project operation and accounting. NCPA will
receive power directly from the Projects, and allocate the energy deliveries and costs to the
participating members.
The pro-forma Power Purchase Agreement (PPA), also attached, defines the key issues of quantity,
type, metering, scheduling, liability, operating/scheduling requirements, etc. Each PPA may differ
due to specific circumstances of the renewable power supplier.
The output from all Projects under the NGPP Third Phase Agreement will be based on Participant
percentages established in the NGPP Third Phase Agreement. The Participant percentages will be
calculated based on the final average megawatt (aMW) elections of each Participant relative to the
total aMW of all Participants. These percentages define both the benefits and costs of the NGPP to
be allocated to each Participant.
The final product specification, volume, contract term, and pricing for each individual Project to be
included in the NGPP are to be finalized during negotiations. Once agreed upon by Participating
Member staffs and NCPA staff, NGPP Participant representatives (Participant Commissioners or
their designee(s)) will vote on the inclusion of each resource in the NGPP. In the case of PPAs,
energy payments will be made as energy is delivered; in the case of physical assets, debt payments
will be defined and paid monthly. In both cases, payment terms and conditions will be specified in
the contracts.
SR: 162:6
Adoption of a Resolution Approving Creation of the Northern California Power Agency Green
Power Project (NGPP) and The NCPA Third Phase Member Agreement to Purchase Green Power
from NCPA to be Acquired Through PPAs and Physical Assets Classified as Renewable Electric
Generating Projects
June 7, 2006
Page 3
Environmental Review
Execution of the NGPP Third Phase Agreement does not constitute a Project for the purposes of the
California Environmental Quality Act (CEQA). However, the Participating Members intend to
receive output from Projects that will constitute a Project for the purposes of CEQA. The NGPP
Third Phase Agreement provides for NCPA, on behalf of itself and the Project Participants to
ensure that environmental review has been conducted and certified prior to finalization of any
power acquisition.
Recommendation
Staff recommends that the Commission authorizes the adoption of the attached Resolution which
approves participation (by Participating Members) in the NCPA Green Power Project.
Respectfully submitted,
~O~POPB/Gineral Manager
DG/Bm/d~
Attachments:
Prepared by:
BRYAN J. BERTACCHI
Assistant General Manager
Generation Services
Prepared by:
DANA GRIFFITH
Power Coordination
and Planning Engineer
Power Management
NCPA Resolution No. 06-26 Authorizing Execution of the Agreement
NGPP Third Phase Agreement
NGPP form of Request for Proposals
NGPP pro-forma Power Purchase Agreement
RESOLUTION 06.26
RESOLUTION OF THE NORTHERN CALIFORNIA POWER AGENCY TO APPROVE
THE NCPA GRRRN POWER PROJECT (NGPP) THIRD PHASE AGRRF. MENT FOR
THE ACQUISITION OF RENEWABLE ELRCTRIC GENERATION
Wlq~.REAS, the Northern California Power Agency (NCPA) Members have identified
the need for additional green resources to meet their anticipated demand for energy and
capacity over the next ten years and beyond; and
WtjEREAS, Members have considered options including market purchases,
acquisition of existing projects, partnerships in resources development with other entities,
increasing the capacity at existing NCPA plants, and developing new and more efficient
resources; and
WHEREAS, Members desire to increase the utilization of renewable energy resources
as part of their power mix strategy and have accordingly each adopted a Renewable Portfolio
Standard (tIPS); and
WHEREAS, entering into the NGPP Third Phase Agreement will assist the Participating
Members in: meeting their RPS and other renewable power goals, will reduce reliance on fossil
fuels and associated fuel price volatilities, will contribute to the State of California in meeting its
renewable energy goals, will reduce delivery risk by spreading energy deliveries across multiple
projects, avoiding duplication of efforts, and achieving economies of scale; and
WHEREAS, the Participating Members are ready, willing and able to purchase such
power supplies from NCPA through the NCPA power purchase agreements; and
WHEREAS, NCPA is ready willing and able to enter into power purchase agreements
on behalf of the Participating Members to efficiently and effectively assist in meeting the
Member's RPS goals.
NOW, TttEREFORE BE 1T RESOLVED, that the Commission approves the proposal
and the plan described in the attached Staff Report 162:6 authorizing the creation of the NGPP.
FURTHERMORE, The Commission, a) Approves the activities and intent of the NGPP Third
Phase Agreement; b) Directs the NCPA General Manager and his staff to finalize the documents
with any such non-substantial changes as approved by the NC'PA General Counsel; and c)
approves the forwarding of the final form of the attached documents to Participating Members to
attain authority to enter into the NGPP Third Phase Agreement.
FURTHERMORE, The Commission finds that the adoption of this resolution does not constitute
a project under the California Environmental Quality Act and no environmental assessment is
required:
PASSED, ADOPTED and APPROVED this 22nd day of June 2006, by the following vote on
roll call:
JASON I.ii.pS
CHAn~IAN
Alameda
BART
Biggs
Gtidley
LodiHealdsburg
Lompoc
Palo Alto .
Port of Oakland
-¥--
Redding
Roseville .~/
Truckee Donner
Turlock ,.,
Plumas-Sierra
Vote Abstained Absent
ATTEST:
DENISE DOW
ASSISTANT SECRETARY
ATTACHMENT~._~
NCPA GREEN POWER PROJECT
THIRD PHASE AGREEMENT
THIRD PHASE MEMBER AGREEMENT
FOR
PARTICIPATING MEMBERS
TO
PURCHASE POWER
FROM THE
NORTHERN CALIFORNIA POWER AGENCY
PROCURED FROM THE
NCPA GREEN POWER PROJECT
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
TABLE OF CONTENTS
SECTION
1.1
1.2
ISECTION
SECTION
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
SECTION
1. DEFINITIONS ................................................................................................................. 5
DEFINITIONS ................................................................................................................................ 5
RULES OF INTERPRETATION ...................................................................................................... 15
2. EFFECTIVE DATE OF AGREEMENT ..................................................................... ~
3. PROCUREMENT PROCESS ....................................................................................... 16
REQUEST FOR PROPOSALS AND PPA(S) ..................................................................................... 16
PARTICIPANT APPROVAL OF PROCUREMENT PROCESS .............................................................. 17
PROCUREMENT PERIOD .............................................................................................................
APPROVAL OF NGPP RESOURCES .............................................................................................
INVESTIGATION OF DEVELOPMENT OPPORTUNITIES .................................................................
DELIVERY OF ELECTRICITY / ALLOCATION OF ENVIRONMENTAL ATTRIBUTES .......................
CAPACITY ENTITLEMENT ..........................................................................................................
PAYMENTS TO COUNTERPARTIES .............................................................................................. ~ l,
REMOVAL OF NGPP RESOURCES FROM NGPP .........................................................................
4. COOPERATION AND FURTHER ASSURANCES ..................................................
SECTION 5. BUDGET, OPERATING FUND, INVOICING ......................................................... ~
5.1
5.2
5.3
5.4
5.5
5.6
5.7
PAYMENT OF NGPP COSTS AND MAINTAINING WORKING CAPITAL RESERVE
INITIAL BUDGET
ANNUAL BUDGET AND FINAL ANNUAL BUDGET SETTLEMENT
OPERATING ACCOUNT ...............................................................................................................
INVOICING ............
AUDITING AND SETTLEMENT DATA ..........................................................................................
REVENUE COVENANT ................................................................................................................
SECTION 6. ADMINISTRATION OF AGREEMENT .................................................................... ,_~
6.1
6.2
6.3
6.4
GENERAL ...................................................................................................................................
ACTION BY PARTICIPANTS .........................................................................................................
NGPP OVERSIGHT COMMITTEE ...............................................................................................
PARTICIPANT REPRESENTATIVES ...............................................................................................
SECTION 7. PARTICIPATION PERCENTAGE; ADMISSION AND WITHDRAWAL OF
PARTICIPANTS ........................................................................................................................................ ~
7.1
7.2
7.3
PARTICIPATION PERCENTAGES ...................................................................................................
ADMISSION OF NEW PARTICIPANTS ............................................................................................
WITHDRAWAL OF PARTICIPANTS ......
SECTION 8. TERM AND TERMINATION ..................................................................................... ~
SECTION
9.1
9.2
9.3
9.4
9. DEFAULT AND REMEDIES ....................................................................................... ~
EVENTS OF DEFAULT .................................................................................................................
CURE OF AN EVENT OF DEFAULT ..............................................................................................
PARTICIPATION RIGHTS OF DEFAULTING PARTY .......................................................................
REMEDIES IN THE EVENT OF DEFAULT .....................................................................................
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
Deleted:
~ Deleted:
Deleted:
~ Deleted:
Deleted:
Deleted:
~ Deleted:
Deleted:
Deleted:
~ Deleted:
Deleted:
Deleted:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
9.5
SECTION
10.1
10.2
10.3
10.4
10.5
10.6
10.7
10.8
10.9
10.10
10.11
10.12
10.13
Exhibits
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
EFFECT OF TERMINATION OR SUSPENSION
10. MISCELLANEOUS ..................................................................................................
CONFIDENTIALITY .....................................................................................................................
INDEMNIFICATION AND HOLD HARMLESS .................................................................................
SEVERAL LIABILITIES .................................................................................................................
No CONSEQUENTIAL DAMAGES ................................................................................................
AMENDMENTS ...........................................................................................................................
SEVERABILITY ............................................................................................................................
GOVERNING LAW .......................................................................................................................
HEADINGS ..................................................................................................................................
NOTICES .....................................................................................................................................
WARRANTY OF AUTHORITY ......................................................................................................
COUNTERPARTS .........................................................................................................................
ASSIGNMENT ..............................................................................................................................
LIST OF EXHIBITS .......................................................................................................................
Participation Percentages
Form of Resource Schedule
Approved Resource Schedules
Average Procurement Price
Contract Price
Form of Request for Proposals
Form of Power Purchase Agreement
Deleted:
i Deleted:
;Deleted:
:Deleted:
Deleted:
Deleted:
Deleted:
f DEleted;
~ Deleted:
i Deleted:
Deleted:
Deleted:
i~. Deleted:
Deleted:
!Deleted:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
NCPA GREEN POWER PROJECT THIRD PHASE AGREEMENT
This Third Phase Agreement (hereinafter "Agreement") is entered into on the effective
date by and between the NORTHERN CALIFORNIA POWER AGENCY, a joint
powers agency, created pursuant to the laws of the State of California (hereinafter
"NCPA") and its members executing this Agreement as reflected on Exhibit A hereto
(hereinafter "Participants") for the purpose of procuring electrical power from NCPA's
Green Power project (hereinafter "NGPP"). NCPA and the Participants are referred to
herein individually as a "Party" and collectively as the "Parties.
RECITALS
A. NCPA and the Participants are interested in purchasing additional
electricity generation from renewable resources for the benefit of the customers of the
Participants.
B. By purchasing electricity generated from renewable resources, NCPA
and the Participants will help reduce the production of many environmental pollutants,
assist in reducing reliance on fossil fuels, assist in stabilizing the Participants' electric
retail rates, and aid the State of California in reaching its renewable energy goals.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
C. This Agreement will enable NCPA to negotiate and enter into
agreements to purchase electricity from renewable resources and investigate the
acquisition of physical assets to generate electricity using renewable resources.
D. The Participants desire to obligate and enable NCPA to conduct the
foregoing activities, and deliver electricity from renewable resources to the
Participants, and to obligate and enable the Participants to take delivery of and pay for
such electricity and to investigate the acquisition of physical assets or the development
of such to deliver electricity and to pay NCPA for the costs of undertaking the
foregoing activities.
NOW THEREFORE, in consideration of the foregoing and the mutual promises
and covenants hereinafter set forth and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the Parties agree and intend
to be legally bound as follows:
Section 1. Definitions.
1.1
Definitions. Whenever used in this Agreement (including the Recitals
hereto), the following terms shall have the following respective meanings:
1.1.1
"Adjusting Participant" has the meaning set forth in Section
7.3.1.
1.1.2
"Agreement" means this Third Phase Member Agreement
(Third Phase) To Purchase Power From The Northern California Power Agency
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Procured From The NCPA Green Power Project, including all Exhibits, attached
hereto and incorporated by reference, as the same may be amended from time to time
in accordance with the terms and conditions hereof.
1.1.3 "Allocating Participant" has the meaning set forth in
Section 7.2.
1.1.4
"Annual Budget" has the meaning set forth in Section
5.2.3.
1.1.5
"Associate Member" means an associate member of NCPA
admitted to NCPA in accordance with Article IV, Section 7 of the Joint Powers
Agreement.
1.1.6
"Average Capacity" in MW means the annual quantity of
electricity in MWh forecast to be delivered from all NGPP Resources including the
Proposed Resource calculated at the time a decision is made by NCPA with respect to
whether to approve the Proposed Resource in accordance with Section 3.4 divided by
the number of hours in the year.
1.1.7
"Average Procurement Price" means the forecast average
procurement price calculated in accordance with Exhibit D at the time a decision is
made by the Participants pursuant to Section 6.2 with respect to whether to approve a
Proposed Resource in accordance with Section 3.4.
1.1.8
"Average Procurement Price Cap" means $70/MWh.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
1.1.9 "Business Day" means any day other than a Saturday,
Sunday or legal holiday on which commercial banking institutions, in San Francisco,
California are authorized or required by law, regulation or executive order to be closed.
1.1.10
"Claims" has the meaning set forth in Sectionl0.2.
1.1.11
"Commission" means the NCPA Commission.
1.1.12
"Constitutive Documents" means, with respect to NCPA,
the Joint Powers Agreement and any resolutions or bylaws adopted thereunder, and
with respect to each Participant, the California Government Code and other statutory
provisions applicable to such Participant, any applicable agreements, charters, contracts
or other documents concerning the formation, operation or decision making of such
Participant, including, if applicable, its City Charter, and any codes, ordinances,
bylaws, and resolutions adopted by such Participant's governing body.
1.1.13
"Contract Price" means the forecast contract price for
procuring electricity from a Proposed Resource calculated in accordance with Exhibit E
at the time a decision is made with respect to whether to approve a Proposed Resource
in accordance with Section 3.4.
1.1.14
"Defaulting Party" has the meaning set forth in Section 9.1.
1.1.15
"Effective Date" has the meaning set forth in the preamble
hereto.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
1.1.16 "Electric System" means, with respect to each Participant,
all properties and assets, real and personal, tangible and intangible, of the Participant
now or hereafter existing, used for or pertaining to the generation, transmission,
transformation, distribution and sale of electric capacity and energy, or the utilization
of such, including all additions, extensions, expansions, improvements and betterments
thereto and equipment thereof; provided, however, that to the extent the Participant is
not the sole owner of an asset or property or to the extent that an asset or property is
used in part for the above described purposes, only the Participant's ownership interest
in such asset or property or only the part of the asset or property used for electric
purposes shall be considered to be part of its Electric System.
1.1.17
"Eligible Renewable Resource" means an electric power
generator (i) producing power from one or more of the following fuels: Biomass,
Biodiesel, Fuel cells using renewable fuels, Digester gas, Geothermal, Landfill gas,
Municipal solid waste conversion, Ocean wave, Ocean thermal, Tidal current,
Photovoltaic, Small hydroelectric (30 megawatts or less), Solar thermal, Wind, or other
fuels and technologies as may be deleted from or added to this list by the Participants,
pursuant to Section 6.2, from time to time, and any additions or enhancements to a
facility using such fuels and technology and (ii) which are (a) located within California,
(b) are located outside of California and have their first point of interconnection with
the Western Electricity Coordinating Council transmission system located within
California or (c) are located outside of California but deliver electricity to a substation
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
or node within California, or (d) as otherwise determined by the Participants pursuant
to Section 6.2.
1.1.18 "Environmental Attributes" means any and all credits,
benefits, emissions reductions, offsets, and allowances, howsoever entitled, directly
attributable to the generation from NGPP Resources. Environmental Attributes include
but are not limited to: (1) any avoided emissions of pollutants to the air, soil or water
such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other
pollutants; (2) any avoided emissions of carbon dioxide (COO, methane (CH4) and
other greenhouse gases (GHGs) that have been determined by the United Nations
Intergovernmental Panel on Climate Change to contribute to the actual or potential
threat of altering the Earth's climate by trapping heat in the atmosphere; and (3) the
reporting rights to these avoided emissions such as Green Tag Reporting Rights.
Environmental Attributes do not include (1) any energy, capacity, reliability or other
power attributes from NGPP Resources, (2) production tax credits associated with the
construction or operation of the energy projects and other financial incentives in the
form of credits, reductions, or allowances associated with a project that are applicable
to a state or federal income taxation obligation, (3) fuel-related subsidies or "tipping
fees" that may be paid to Seller to accept certain fuels, or local subsidies received by
the generator for the destruction of particular pre-existing pollutants or the promotion
of local environmental benefits, or (4) emission reduction credits encumbered or used
by NGPP Resources for compliance with local, state, or federal operating and/or air
quality permits.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
1.1.19 "Event of Default" has the meaning set forth in Section 9.1.
1.1.20
"Initial Budget" has the meaning set forth in Section 5.2.
1.1.21
"Initial Procurement Period" has the meaning set forth in
Section 3.3.
1.1.22
"Joint Powers Agreement" means that certain Northern
California Power Agency Joint Power Agreement by and among the Members as the
same may be amended from time to time.
1.1.23 "Maximum Average Capacity" means the sum of the
Participant elections expressed as average annual MWs labeled as "Total Annual
aMW" in Exhibit A.
1.1.24
"Maximum Contract Price" means $250/MWh.
1.1.25 "Member" means any Voting Member or Associate
Member of NCPA.
1.1.26
"MW" means megawatt.
1.1.27
"MWh" means megawatt-hour.
1.1.28
"NCPA" has the meaning set forth in the preamble hereto.
1.1.29
"NCPA Annual Budget" means NCPA's annual budget for
the relevant fiscal year adopted by the Commission.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
1.1.30 "NGPP" means the NCPA Green Power Project, which
consists of the pool of NGPP Resources.
1.1.31
"NGPP Costs" means any and all costs, internal and
external, direct and indirect, incurred by NCPA in connection with performing its
obligations under this Agreement, including performing the Procurement Activities,
providing the Project Services, negotiating and implementing any and all Power
Purchase Agreements, arranging for any financing associated with procuring electricity
from an NGPP Resource, purchasing completed Eligible Renewable Resources,
purchasing electric energy, capacity and other electricity services from Eligible
Renewable Resources, investigate and provide recommendations regarding the
development, construction, installation, operation, ownership and maintenance of
Eligible Renewable Resources. NGPP Costs shall not include costs incurred by NCPA
for services or activities not within the scope of this agreement.
1.1.32
"NGPP Cost Allocation" means the NGPP Costs allocated
to the Participants in the NCPA Annual Budget in proportion to the Participation
Percentages.
1.1.33
"NGPP Oversight Committee" means a committee of
representatives of Members who are also Participants under this Agreement established
at the NCPA general manager's discretion, for the purpose of offering input and
recommendations to NCPA Staff or the general manager with respect to matters
pertaining to this Agreement pursuant to the provisions of Section 6.3.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
1.1.34 "NGPP Resource" means a Proposed Resource that has
been approved as an NGPP Resource in accordance with Section 3.4.
1.1.35
"Operating Account" means the account established by
NCPA and funded by the Participants in accordance with Section 5.4, the funds of
which are available for use by NCPA in accordance with the terms and conditions
hereof.
1.1.36
"Participant" has the meaning set forth in the preamble
hereto.
1.1.37
"Participant Representative" has the meaning set forth in
Section 6.4.
1.1.38
"Party" or "Parties" has the meaning set forth in the
preamble hereto.
1.1.39
"Participation Percentages" has the meaning set forth in
Section 7.1.
1.1.40
"Power Purchase Agreement" or "PPA" means an
agreement executed by NCPA, or to be executed by NCPA, for the purchase and
delivery of electric energy, capacity or other energy services and Environmental
Attributes.
1.1.41
"Procure" and other forms of such verb, including
Procurement, Procuring, and Procured, means acquiring the output of Eligible
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Renewable Resources, including all Environmental Attributes associated with any
electricity generated in connection therewith, through contracts with facilities owned by
third parties, by purchasing existing Eligible Renewable Resources, by developing,
constructing, installing, owning, operating, maintaining, and controlling Eligible
Renewable Resources, or such other means as may be approved by the Participants
from time to time.
1.1.42
"Procurement Activities" means those activities described
in Section 3.
1.1.43
"Procurement Conditions" has the meaning set forth in
Section 3.1.
1.1.44 "Project Services" shall include but not be limited to:
accounting, billing, settlements and recordkeeping activities required by and directly
related to Procurement Activities and the Agreement; legislative, regulatory and legal
services with a direct impact on the Agreement or the NGPP portfolio; and reasonable
and customary indirect costs. Disallowed services are activities performed solely for
the benefit of one or more non-Participants.
1.1.45
"Proposed Resource" has the meaning set forth in Section
3.4.1.
1.1.46 "Resource Schedule" means a Resource Schedule,
substantially in the form of Exhibit B, identifying the location of the Proposed
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Resource, its size and technology, type of Procurement, the estimated costs (both total
and per MWh) and underlying assumptions, key milestone dates (such as commercial
operation date and delivery period), a description of the definitive agreements, a
proposed budget for pursuing the Procurement of electricity from the Proposed
Resource and a proposed mechanism for financing the Procurement.
1.1.47
"Revenues" means, with respect to each Participant with
the exception of BART, all income, rents, rates, fees, charges, and other moneys
derived by the Participant from the ownership or operation of its Electric System,
including, without limiting the generality of the foregoing, (a) all income, rents, rates,
fees, charges or other moneys derived from the sale, furnishing and supplying of
electric capacity and energy and other services, facilities, and commodities sold,
furnished, or supplied through the facilities of its Electric System, (b) the earnings on
and income derived from the investment of such income, rents, rates, fees, charges or
other moneys to the extent that the use of such earnings and income is limited by or
pursuant to law to its Electric System and (c) the proceeds derived by the Participant
directly or indirectly from the sale, lease or other disposition of all or a part of the
Electric System, but the term Revenues shall not include (i) customers' deposits or any
other deposits subject to refund until such deposits have become the property of the
Participant or (ii) contributions from customers for the payment of costs of construction
of facilities to serve them. In regard to BART, BART shall generate revenues sufficient
to cover its obligations under this Agreement through tariffs, fees, or other sources of
revenue except through such sources as may be limited by law.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
1.1.48 "Scheduling Protocols" means the contractual or other
arrangements between NCPA and the relevant Participant concerning the scheduling,
delivery and metering of electricity.
1.1.49
"Subsequent Procurement Period" has the meaning set
forth in Section 3.3.
1.1.50 "Term" has the meaning set forth in Section 8.
1.1.51
"Voting Member" means a party to the Joint Powers
Agreement.
1.1.52
"Withdrawing Participant" has the meaning set forth in
Section 7.3.
1.1.53 "Working Capital Reserve" means the Participant's
Participation Percentage of the sum of the NGPP Costs estimated by NCPA to be
incurred during the three (3) most expensive months of the twelve (12) months
following the date on which NCPA prepares such estimate in accordance with Section
.
1.2
Rules of Interpretation.
As used in this Agreement (including the Recitals hereto), unless in any such case the
context requires otherwise: the terms "herein," "hereto," "herewith" and "hereoF' are
references to this Agreement taken as a whole and not to any particular provision; the
term "include, .... includes" or "including" shall mean "including, for example and
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
without limitation;" and references to a "Section," "subsection," "clause," or
"Exhibit" shall mean a Section, subsection, clause or Exhibit of this Agreement, as the
case may be. All references to a given agreement, instrument or other document shall
be a reference to that agreement, instrument or other document as modified, amended,
supplemented and restated through the date as of which such reference is made, and
reference to a law, regulation or ordinance includes any amendment or modification
thereof. A reference to a "person" includes any individual, partnership, firm,
company, corporation, joint venture, trust, association, organization or other entity, in
each case whether or not having a separate legal personality and includes its successors
and permitted assigns. The singular shall include the plural and the masculine shall
include the feminine, and vice versa.
Section 2. Effective Date of Agreement
This Agreement shall be effective as of the Effective Date upon execution of all
Participants and NCPA provided however such Effective Date shall be no later than the
date established by the NCPA general manager upon 30 days written notice. The
general manager of NCPA shall notify all Participants in writing when all Participants
and NCPA have executed this Agreement. A copy of such notification shall be affixed
to the official copy of this Agreement.
Section 3. Procurement Process
3.1
Request for Proposals and PPA(s). All Procurement Activities
undertaken pursuant to this Agreement, shall be pursuant to and in accordance with the
form of Request for Proposals and accompanying PPA(s) attached hereto and
incorporated herein by reference as Exhibits F & G. NCPA represents that the
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
following conditions will be observed when undertaking its Procurement Activities.
("Procurement Conditions"):
(i) Each Proposed Resource shall be an Eligible Renewable Resource;
(ii) The Average Capacity of all NGPP Resources shall not exceed the
Maximum Average Capacity;
(iii) The period of time for which NCPA is obligated to accept and pay for
electricity under any singular PPA shall not exceed twenty-five years;
(iv) The Contract Price for purchasing electricity under any singular PPA
shall not exceed the Maximum Contract Price;
(v) The PPA(s) will be approved as to form by NCPA's general counsel;
(vi) Where Procurement of electricity from a Proposed Resource requires that
NCPA obtain financing, each PPA shall be subject to NCPA obtaining reasonable
financing;
(vii) All Environmental Attributes associated with the Proposed Resource
will be transferred to NCPA;
(viii) The Average Procurement Price shall not exceed the Average
Procurement Price Cap, except as noted in Exhibit D.
3.2
Participant Approval of Procurement Process. Prior to execution of
this Agreement, the NCPA shall have prepared the aforementioned form of Request for
Proposals and accompanying form of PPA. By executing this Agreement, the
Participant acknowledges and agrees to be bound by the procurement process contained
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
in or referenced by the Request for Proposals and PPA(s) at such time as the PPA(s)
may be approved by the Participants pursuant to Section 6.2 as provided for herein.
3.3
Procurement Period. The Initial Procurement Period (the "Initial
Procurement Period") shall commence on the Effective Date and terminate on the
third (3rd) anniversary thereof. At any time, and from time to time, during the Term,
the Participants may, upon the request of NCPA or any Participant, approve additional
Procurement Periods (each a "Subsequent Procurement Period") in accordance with
Section 6.2, provided, however, that no Subsequent Procurement Period shall extend
beyond the Term of this Agreement.
3.4
Approval of NGPP Resources
3.4.1 Identification of Resources and Request for Review.
If
and when NCPA identifies an Eligible Renewable Resource that it wishes to include as
a NGPP Resource ("Proposed Resource"), NCPA will present to the Commission or
to the NGPP Oversight Committee, if so directed by the general manager, a Resource
Schedule, substantially in the form attached hereto as Exhibit B, for such Proposed
Resource and copies of the relevant PPA(s) proposed to be executed by the
counterparties thereto other than NCPA and, if applicable, any Participant. NCPA
shall also make available for review any other information or materials prepared in
connection with the evaluation of such Eligible Renewable Resource and produce such
other summaries or analyses as the Commission or the NGPP Oversight Committee
may reasonably request.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
3.4.2 Review by Oversight Committee. At the general
manager's discretion, the NGPP Oversight Committee may review, comment and
recommend to NCPA on whether to include the relevant Proposed Resource as an
NGPP Resource.
3.4.3 Action by NCPA. NCPA shall take action to add a
Proposed Resource as a NGPP Resource following an affirmative vote of the
Participants pursuant to the provisions of Section 6.2.
3.5
Investigation of Development Opportunities. NCPA shall conduct
investigations and analysis of potential development opportunities for Eligible
Renewable Resources on behalf of the Participants. Such investigations and analysis
may include but shall not be limited to: resource selection, market analysis, site
acquisition, cost analysis of permitting and construction and partnership opportunities.
At the general manager's discretion, the NGPP Oversight Committee may review the
recommendations of NCPA and comment accordingly. NCPA shall annually budget at
least the sum of One Hundred Thousand Dollars ($100,000) for the activities referred
to herein during any Procurement Period. To the greatest extent possible, NCPA shall
seek to recover the costs associated with such activities through the financing of
projects resulting from such activities. The Participants agree that any decision to
acquire a power plant as a physical resource asset shall be made pursuant to Section 6.2
and shall be subject to the terms and conditions of a Third Phase Agreement specifically
addressing that transaction. The Participants further agree to participate in any NGPP
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Resource resulting from such activities to the same extent as its Participation
Percentage. No NCPA action related to development opportunities shall require any
Participant to commit to more power than its Average MW Participant election stated in
Exhibit A.
3.6
Delivery of Electricity / Allocation of Environmental Attributes.
Any electricity delivered to NCPA from an NGPP Resource shall be delivered to each
Participant in accordance with such Participant's Participation Percentage and each
Participant shall accept its relevant percentage of such electricity. NCPA may allocate
electricity generated by, and/or delivered to NCPA from, any particular NGPP
Resource among the Participants in such percentages as NCPA may, in its reasonable
discretion and subject to the approval of the affected Participant, determine are
necessary, desirable, or appropriate; provided that the aggregate quantity of electricity
delivered to any Participant during a calendar month shall equal such Participant's
Participation Percentage of the aggregate amount of electricity generated and/or
delivered to NCPA from all NGPP Resources during the relevant calendar month.
Such electricity shall be delivered to the Participants in accordance with the Scheduling
Protocols. Environmental Attributes, as defined herein, obtained by NCPA as a result
of performance under this Agreement shall likewise be transferred to each Participant
in accordance with such Participant's Participation Percentage.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
3.7 Capacity Entitlement. The collective capacity available from the
NGPP Resources for planning and reliability purposes shall be allocated among the
Participants in accordance with their respective Participation Percentage.
3.8
Payments to Counterparties. NCPA shall pay all NGPP Costs using
funds from the Operating Account, from amounts paid to NCPA in accordance with
Section 5, or such other sources as may be agreed upon in writing by the Parties from
time to time.
3.9
Removal of NGPP Resources from NGPP. Any NGPP Resource
that delivers electricity to NCPA under a PPA shall be automatically removed from the
NGPP on the date its PPA terminates or expires. Any other NGPP Resource shall
continue to be included in the NGPP until such time as the Participants approve
removing it from the NGPP and approves the subsequent use of such NGPP Resource,
including whether such NGPP Resource should be sold or decommissioned pursuant to
Section 6.2. Any proceeds or costs associated with removing an NGPP Resource from
the NGPP shall be allocated among the Participants in accordance with the Participation
Percentages unless otherwise agreed upon in writing by the Participants.
Section 4. Cooperation and Further Assurances
Each of the Parties agrees to provide such information, execute and deliver any
instruments and documents and to take such other actions as may be necessary or
reasonably requested by any other Party which are not inconsistent with the provisions
of this Agreement and which do not involve the assumption of obligations other than
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
those provided for in this Agreement, in order to give full effect to this Agreement and
to carry out the intent of this Agreement. Further, the Parties agree to cooperate and
act in good faith in connection with obtaining any financing required in order to
Procure electricity from an NGPP Resource, including with respect to negotiating and
executing any agreements to implement any financing arrangements.
Section 5. Budget, Operating Fund, Invoicing
5.1
Payment of NGPP Costs and Maintaining Working Capital Reserve.
Each Participant shall pay to NCPA the NGPP Costs in proportion to its' Participation
Percentage and shall maintain its Working Capital Reserve in the Operating Account.
5.2
Initial Budget. Promptly following the Effective Date, NCPA, in
conjunction with the Participants, shall prepare an initial budget (the "Initial Budget")
estimating the NGPP Costs expected to be incurred over the balance of the fiscal year
following the Effective Date.
5.3
Annual Budget and Final Annual Budget Settlement
5.3.1 Annual Budget. After development of the Initial Budget
and prior to the beginning of each fiscal year for which no budget has been adopted and
for each fiscal year for which a budget will be adopted, NCPA, in conjunction with the
Participants, shall prepare and deliver to each Participant a budget ("Annual Budget")
estimating the NGPP Costs expected to be incurred over such fiscal year as a result of
this Agreement. The NGPP Costs identified in each Annual Budget shall be allocated
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
to the Participants in the NCPA Annual Budget on the basis of Participation
Percentages and shall be identified in the NCPA Annual Budget as "NGPP Cost
Allocations." Any Participant may request a detailed accounting of NCPA costs
included as NGPP Costs in the Annual Budget and such Participant shall pay the
reasonable costs of such accounting review.
5.3.2 Final Annual Budget Settlement. A final Annual Budget
settlement for the prior fiscal year will be produced each year after the annual audit is
completed. This shall normally occur on or prior to December 1 of each year.
5.4 Operating Account
5.4.1
Initial Amounts. Within thirty (30) days after the Effective
Date, each Participant shall deposit into the Operating Account its Participation
Percentage of the estimated costs identified in the Initial Budget.
5.4.2
Subsequent Deposits. Periodically, but in any event within
thirty (30) days following execution by NCPA of any PPA or any financing
commitment and at least quarterly, NCPA shall review and revise its estimate of NGPP
Costs for the succeeding twelve (12) months. Following such review, NCPA shall
determine whether each Participant has a balance in the Operating Account equal to its
Working Capital Reserve. To the extent that any Participant's balance in the Operating
Account is greater than one hundred and ten percent (110%) of its Working Capital
Reserve, NCPA shall credit such amount to the Participant's next invoice. To the
extent that any Participant's balance in the Operating Account is less than ninety
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
percent (90%) of its Working Capital Reserve, NCPA shall add to such Participant's
next invoice an amount necessary to cause such Participant's balance in the Operating
Account to equal the Working Capital Reserve.
5.4.3
Use of Operating Account Funds. NCPA may use any and
all funds deposited into the Operating Account to pay any NGPP Costs, including
making payments to counterparties under any PPA, payment of consultants, attorneys
and accountants performing services related to Procurement Activities or Project
Services, reimbursing NCPA for its internal costs associated with performing its
obligations under this Agreement, and paying any Claims, without regard to any
individual Participant's balance in the Operating Account or proportionate share of
NGPP Costs and irrespective of whether NCPA has issued an invoice for such NGPP
Costs to the Participants or whether a Participant has made timely payments of
invoices.
5.4.4
Emergency Additions. In the event that the funds in the
Operating Account are insufficient to allow payment of an invoice, demand, request for
further assurances, or Claims, NCPA shall notify all Participants and then prepare and
send a special or emergency assessment to the Participants. Each Participant shall pay
to NCPA such assessment when and if assessed by NCPA within five (5) Business Days
following the invoice date of the assessment.
5.4.5
Accounting and Interest. NCPA shall maintain a record of
each Participant's deposits into and payments from the Operating Account. Interest
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
earned on the Operating Account shall be credited to the Participants in accordance
with the Participants share of the balance in the Operating Account. Any losses in the
Operating Account shall be allocated among the Participants in accordance with their
Participation Percentages.
5.4.6
Return of Funds. On the termination of this Agreement
with respect to a Participant or a permitted withdrawal of a Participant in accordance
with this Agreement, the affected Participant or Participants may apply to NCPA for
the return of their share of Operating Account funds ninety (90) days after the effective
date of such termination or withdrawal. NCPA shall, in its sole discretion, as
determined by a vote of the Participants, excluding the vote of the withdrawing or
terminated Participant(s) that are members thereof, estimate the then outstanding
liabilities of the Participant(s), including any estimated contingent liabilities and shall
retain all such funds until all such liabilities have been fully paid or otherwise satisfied
in full. The balance of the Participant's share of the Operating Account will be
refunded to the Participant.
5.5 Invoicing
5.5.1
Invoices. NCPA will issue an invoice to each Participant
for its proportionate share of the NGPP Costs (or any adjustments thereto) based on
such Participant's Participation Percentage. Such invoice may include estimated costs
and estimated settlement and meter data. Each invoice shall include: (i) the total NGPP
Costs attributable to Procurement Activities for such month and the relevant
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Participant's share thereof; (ii) the total NGPP Costs attributable to Project Services for
such month and the relevant Participant's share thereof; (iii) the quantity of electricity
and Environmental Attributes, by NGPP Resource, delivered to such Participant (or an
estimate thereof) and the unit price for such electricity; (iv) appropriate settlement and
meter data (or an estimate thereof); (v) any adjustments to prior invoices required based
on actual data received that was estimated in a previous invoice; (vi) notice of the
amount, if any, that NCPA has paid or expects to pay using funds available in the
Operating Account; and (vii) amounts due from (or credited to) such Participant under
Section 5.4.2.
5.5.2
Payment of Invoices. All invoices delivered by NCPA
hereunder are due and payable no later than thirty (30) days following the invoice date;
provided, however, that any amount due on a day other than a Business Day may be
paid on the following Business Day. NCPA may apply a Participant's share of the
Operating Account to the payment of all or any portion of an invoice issued to such
Participant, provided that application of such funds from the Operating Account shall
not relieve the Participant from any late payment charges pursuant to Section 5.5.3. To
the extent that NCPA applies funds from the Operating Account to pay an amount due
under an invoice, following receipt of payment of such invoice by the relevant
Participant, NCPA shall deposit the relevant portion of the payment into the Operating
Account and credit such deposit to such Participant.
5.5.3
Late Payments. Any amount due and not paid by a
Participant in accordance with Section 5.5.2 shall bear interest computed on a daily
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
basis until paid at the lesser of (i) the per annum prime rate (or reference rate) of the
Bank of America NT & SA then in effect, plus two percent (2%) or (ii) the maximum
rate permitted by law.
5.6
Auditing and Settlement Data
5.6.1
Settlement Data. NCPA will make metering and settlement
data available to the Participants. Procedures and formats for the provision of such data
will be as established by the Participants and NCPA from time to time.
5.6.2
Audit Rights. Each Participant shall have the right to audit
any data created or maintained by NCPA pursuant to this Agreement on thirty (30) days
prior written notice (unless otherwise agreed by NCPA). All audit rights shall be
exercised in accordance with the rules and procedures adopted by NCPA.
5.7
Revenue Covenant. Any failure of a Participant to meet its
obligations hereunder or to cure such failure in a timely manner shall constitute a
Default and the Defaulting Party shall be subject to such remedies of NCPA as
provided for herein. Each Participant covenants and agrees (i) to continue to pay or
advance to NCPA, from its electric department revenues only or, in the case of BART,
its tariffs, fees or other sources of revenue provided that such sources shall not include
any sums derived from sources the use of which is limited by law to expenditures other
than operating expenses, its percentage share of the costs authorized by Participants in
accordance with this Agreement in connection with its participation in the Project.
Each Participant further agrees that it will fix the rates and charges for services
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
provided by its electric department, or in the case of BART, its general revenues, so
that it will at all times have sufficient money in its department revenue funds to meet
this obligation; (ii) to make payments under this Agreement from the Revenues of, and
as an operating expense of, its Electric System; (iii) to make payments under this
Agreement whether or not there is an interruption in, interference with, or reduction or
suspension of services provided under this Agreement; such payments not being subject
to any reduction, whether by offset or otherwise, and regardless of whether any dispute
exists provided such interruption, interference or reduction in services is caused by
forces constituting an Act of God and not reasonably contemplated by the Parties; and
(iv) to operate its Electric System and the business in connection therewith in an
efficient manner and at reasonable cost and to maintain its Electric System in good
repair, working order, and condition.
Section 6.
6.1
Administration of Agreement
General. NCPA has the sole overall responsibility and authority for
the administration of this Agreement. Any acts, decisions or approvals taken, made or
sought by NCPA under this Agreement shall be taken, made or sought, as applicable,
in accordance with NCPA's Constitutive Documents and Section 6.2.
6.2
Action by Participants
(a) Forum: Whenever any action anticipated by this Agreement is
required to be taken by the Participants, including but not limited to, the expressed
authorization to add or to detract from the list of Eligible Renewable Resources, such
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
actions shall be taken at a regular or special meeting of the NCPA Commission but
shall be participated in only by those Commissioners, or their designated alternates,
who are Participants.
(b) Quorum: A quorum at NCPA Commission meetings for purposes of
acting upon matters relating to this Agreement shall consist of Commissioners, or their
designated alternates representing at least three Participants having a combined majority
interest based upon Participation Percentages.
(c) Voting: Each Participant shall have the right to cast one vote with
respect to matters pertaining to this Agreement, with a majority vote of the Participants
required for action subject to the following exceptions;
Upon request of any Participant representative, the voting
on an issue shall be by Participation Percentage with a 65 % or more favorable vote
from two or more Participants necessary to carry the action.
ii.
After any decision related to this Agreement is taken by
the affirmative vote of Participants holding Participation Percentages of less than 65 %,
the action can be reviewed and revised if a Participant gives notice of intention to seek
such review and revision to NCPA and each of the other Participants within ten (10)
days following the date on which such action was taken. Upon receipt of such a
request for reconsideration, the chairman of the Commission shall agendize the matter
for reconsideration at the next regular meeting of the Commission or at a special
meeting if the circumstances so warrant. The action shall be upheld upon the
affirmative vote of authorized representatives of two or more Participants holding at
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
least 65 % of the total Participation Percentages. Any action taken upon reconsideration
shall be final.
6.3 NGPP Oversight Committee
NCPA may seek input and recommendations from the Participants regarding
performance under this Agreement. Accordingly, the general manager of NCPA may
establish, in his discretion, a committee comprised of Participant Representatives which
may meet from time to time. Such committee shall be referred to as the NGPP
Oversight Committee The NGPP Oversight Committee may report to NCPA staff or
the general manager of NCPA, as the general manager deems appropriate. The NGPP
Oversight Committee may adopt rules of procedure consistent with the provisions of
this Agreement as it deems appropriate.
6.4
Participant Representatives
If the general manager establishes an NGPP Oversight Committee, each Participant
shall:
(i) Authorize and designate one representative ("Participant
Representative"), and in its discretion, one or more alternates ("Designated Alternate")
to serve on the NGPP Oversight Committee;
(ii) Authorize its Participant Representative and Designated
Alternates to vote on behalf of such Participant on recommendations on matters
pertaining to this Agreement; and
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
(iii) Deliver to NCPA, written notice containing the name and contact
information of such Participant's Participant Representative and Designated
Alternate(s), if any.
Section 7. Participation Percentage; Admission and Withdrawal of Participants
7.1
Participation Percentages. The Participation Percentages of each
Participant are as set forth in Exhibit A, as the same may be modified from time to time
in accordance with the terms and conditions hereof.
7.2
Admission of New Participants. Following the Effective Date of
this Agreement, no Member ("Additional Member") may execute this Agreement and
become a Participant unless one or more of the Participants ("Allocating
Participants") elect to allocate a portion of its Participant Percentage to such Member.
Upon agreement of the Allocating Participant and the Additional Member, the
Additional Member shall deliver to NCPA and each other Participant the written
agreement between the Additional Member and the Allocating Participant(s) indicating
the agreed upon change in Participation Percentage(s), a counterpart of this Agreement
executed by the Additional Member, evidence that such agreements have been approved
in accordance with its applicable Constitutive Documents and payment of such
Member's share of the Operating Account. Any reduction in any Allocating
Participant's share of the Operating Account shall be credited to the Allocating
Participants in accordance with Section 5.4.2. Upon receipt of all required documents,
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
NCPA shall provide to all Participants, an updated Exhibit A reflecting the revised
Participation Percentages
7.3 Withdrawal of Participants
7.3.1 Requirements and Process. Subsequent to the Effective Date of
this Agreement, any Participant may voluntarily withdraw from this Agreement
("Withdrawing Participant") upon written agreement with one or more Participants
("Adjusting Participant") to assume the Withdrawing Participant's full Participation
Percentage and provided further that such withdrawal does not violate any applicable
financing conditions. The Withdrawing Participant shall provide notice of intent to
withdraw to NCPA together with the applicable agreement between the Withdrawing
Participant and the Adjusting Participant(s) regarding assumption of the Withdrawing
Participant's Participation Percentage along with evidence that such agreement was
approved in accordance with applicable Constitutive Documents. Upon receipt of all
required documents, NCPA shall send a revised Exhibit A to all Participants reflecting
the new allocation of Participation Percentages.
7.3.2 Associated Costs. A Withdrawing Participant shall reimburse
NCPA for any and all costs resulting from its withdrawal, including but not limited to
the legal, accounting, and administrative costs of winding up and assuring the complete
satisfaction and discharge of the Withdrawing Participant's obligations.
7.3.3 No Effect on Prior Liabilities. Withdrawal by any Participant will
not terminate any ongoing or un-discharged contingent liabilities or obligations
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
resulting from this Agreement until they are satisfied in full or such Withdrawing
Participant has provided a mechanism reasonably acceptable to NCPA and the
remaining Participants, for the satisfaction in full thereof.
Section 8. Term and Termination
The term ("Term") of this Agreement shall commence on the Effective Date
and shall continue until (i) terminated by consent of all of the Participants that have not
previously withdrawn from this Agreement in accordance with Section 7.3 or otherwise
voluntarily or involuntarily had their participation in this Agreement terminated or (ii)
all NGPP Resources have been removed from the NGPP.
Section 9. Default and Remedies
9.1 Events of Default. An event of default under this Agreement shall
exist with respect to a Party ("Defaulting Party") upon the occurrence of any one or
more of the following:
(i) if any Party fails to make any payment when due hereunder five (5)
Business Days after receipt of notice given by NCPA of such non-payment; or
(ii) if any Party fails to perform any other covenant or obligation under
this Agreement where such failure is not cured within ten (10) days following receipt of
a notice from NCPA demanding cure (provided that this shall not apply to any failure
to make payments (which is covered by Section 9.1 (i))); or
(iii) if any representation or warranty of any Party material to the
transactions contemplated hereby shall prove to have been false or misleading in any
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
material respect when made and that Party does not cure the facts underlying such
incorrect representation or warranty so that the representation or warranty is corrected,
to the satisfaction to the other Participants, within ten (10) days of the date of receipt of
notice from any other Party demanding cure; or
(iv) if any Party is in default or in breach of any of its covenants under
any other agreement with NCPA and such default or breach is not cured within the time
periods specified in such agreement; or
(v) the failure of NCPA to perform any covenant or obligation under this
Agreement following a ten (10) day notice to cure by any non-defaulting Participant.
9.2 Cure of an Event of Default. An Event of Default shall be deemed
cured only if such default shall be remedied within the time period specified in Section
9.1, above , as may be applicable after written notice has been sent to the Defaulting
Party from NCPA specifying the default and demanding that the same be remedied
provided that failure of a Party to provide such notice shall not be deemed a waiver of
such default. If such default is not reasonably capable of cure within the applicable
time period specified herein, then the default shall not be deemed an Event of Default if
the Defaulting Party commences to remedy the default within the applicable time period
specified herein and thereafter diligently pursues such remedy until such default is fully
cured; provided, however, that in no event shall any Party be entitled to longer than
thirty (30) days to cure an Event of Default with respect to any payment obligation
under this Agreement after receipt of written notice thereof.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
9.3 Participation Rights Of Defaulting Party. Notwithstanding anything
herein to the contrary, upon the occurrence of an Event of Default and until such Event
of Default is cured, the Participant that is the Defaulting Party shall not have the right
to participate under Section 6.2 on any matter with respect to this Agreement.
9.4 Remedies in the Event of Default
9.4.1 Remedies of NCPA. Upon the occurrence of an Event of Default
where a Participant is the Defaulting Party, without limiting its other rights or remedies
available under this Agreement, at law or in equity, and without constituting or
resulting in a waiver, release or estoppel of any right, action or cause of action NCPA
may have against the Participant, NCPA may:
(i) suspend the provision of services under this Agreement to
such Defaulting Party, including the delivery of electricity and other attributes of any
NGPP Resources until the Event of Default is cured;
(ii) demand that the Defaulting Party provide further assurances
that it is ready, willing and able to meet its obligations under this Agreement; and
(iii) terminate this Agreement as to the Defaulting Party on ten
(10) days prior written notice to the Defaulting Party and following approval of the
non-defaulting Participants; and
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
(iv) Subject to limitations as otherwise referenced in this
Agreement, NCPA shall have the right, duty and obligation to pursue all remedies
under law or in equity against any Defaulting Participant in curing or mitigating such
default. Any Defaulting Party shall remain liable under this Agreement for any
damages resulting from such default including damages resulting from subsequent
purchases as authorized by this Agreement.
9.4.2 Sale/Transfer of Participants Account Upon Default. Upon any
default of a Participant caused by the failure of such Participant to pay any sums due,
and provided that such default is not cured in a timely manner, then NCPA shall use its
best efforts to sell and transfer for the defaulting Participant's account all or a portion
of the Participant's capacity and/or energy and/or Environmental Attributes for the
remainder of the term of this Agreement. The price to be paid to NCPA by the Non-
Defaulting Participants for the Defaulting Participant's capacity, energy, or
environmental attributes shall be at cost as opposed to market price. The Defaulting
party shall receive no compensation from such sale. Notwithstanding that all or any
portion of the Participant's capacity, energy or environmental attributes is sold or
transferred, the Participant shall remain liable for all of its obligations hereunder unless
released therefrom by NCPA and the transferee upon assumption by the transferee. To
the extent that any portion of the defaulting Participant's capacity and/or energy is
unable to be sold by NCPA, then the Participation Percentages of each non-defaulting
Participant shall be automatically increased for the remaining term of this Agreement
pro-rata with those of the other non-defaulting Participants and the defaulting
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Participant's Participation Percentage be reduced accordingly, but only for the purpose
of computing the Percentages of the non-defaulting Participants. The sum of any
increases of a non-defaulting Participant's Participation Percentage shall not exceed
twenty-five (25) percent of the non-defaulting Participant's original Participation
Percentage on an accumulated basis without the written consent of such non-defaulting
Participant.
9.4.3 Remedies of Participants. Upon the occurrence of an Event of
Default, and following the applicable cure periods, where NCPA is the Defaulting
Party, the Participants may, without limiting their other rights or remedies available
under this Agreement, at law or in equity, and without constituting or resulting in a
waiver, release or estoppel of any right, action or cause of action the Participants may
have against NCPA, terminate this Agreement in whole, subject to the provisions of
Section 9.5.4.
9.4.4 Special Covenants Regarding Operating Account. In the event
that a Participant's balance in the Operating Account is insufficient to cover all invoices
for NGPP Costs sent to such Participant, then, without limiting NCPA's other rights or
remedies available under this Agreement, at law or inequity, such Participant shall
cooperate in good faith with NCPA and shall cure the default as rapidly as possible, on
an emergency basis, taking all such action as is necessary, including, but not limited to,
raising rates and charges to its customers to increase its Revenues to replenish its share
of the Operating Account as provided herein, drawing on its cash-on-hand and lines of
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
credit, obtaining further assurances by way of credit support and letters of credit, and
taking all such other action as will cure the default quickly.
9.5 Effect of Termination or Suspension
9.5.1 Generally. The suspension or termination of this Agreement will
not terminate, waive, or otherwise discharge any ongoing or undischarged liabilities,
contingent liabilities or obligations arising from this Agreement until such obligations
are satisfied in full, and all of the costs incurred by NCPA in connection with such
suspension or termination, including reasonable attorney fees, the fees and expenses of
other experts, including auditors and accountants, other costs and expenses that NCPA
is entitled to recover under this Agreement, and other reasonable and necessary costs
associated with any and all of the remedies, are paid in full.
9.5.2 Suspension by NCPA. If performance of all or any portion of this
Agreement is suspended by NCPA with respect to a Participant in accordance with
Section 9.4.1 (i), such Participant shall pay any and all costs incurred by NCPA as a
result of such suspension including reasonable attorney fees, the fees and expenses of
other experts, including auditors and accountants, other reasonable and necessary costs
associated with such suspension and any portion of the NGPP Costs that were not
recovered from such Participant as a result of such suspension.
9.5.3 Termination by NCPA. If this Agreement is terminated by NCPA
with respect to a Participant in accordance with Section 9.4.1 (iii), (i) such Participant
shall pay any and all costs incurred by NCPA as a result of such termination including
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
reasonable attorney fees, the fees and expenses of other experts, including auditors and
accountants, other reasonable and necessary costs associated with such suspension and
any portion of the NGPP Costs that were not, or will not be, recovered from such
Participant as a result of such termination, and (ii) such Participant's Participation
Percentage shall be allocated among the remaining Participants in like manner as
defined in Section 9.4.2; provided however, if NCPA terminates this Agreement with
respect to the last remaining Participant, then this Agreement shall terminate.
9.5.4 Termination by Participants. If this Agreement is terminated by all
Participants in accordance with Section 9.4.3, or by unanimous consent of all of the
Parties hereto, then the Participants shall pay to NCPA all previously unpaid NGPP
Costs incurred as of the date of such termination, and following such termination, the
Participants shall cooperate and act in good faith to negotiate and agree upon the
method of allocating among the Participants in proportion to their respective
Participation Percentages the costs and benefits of the NGPP Resources, all PPAs then
in effect, and any financing agreements or commitments and any matters pertaining to
the administration, management, control, operation and maintenance of the NGPP
Resources. NCPA shall reasonably cooperate with the Participants in connection with
implementing the foregoing and the Participants shall indemnify NCPA for any costs
incurred in connection therewith, including reasonable attorney fees, fees and expenses
of other experts, including auditors and accountants and other reasonable and necessary
costs. If the Parties are unable to reach agreement as to the foregoing, then the Parties
agree to submit the matter to mediation with a mutually agreed upon mediator. If the
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Parties are still unable to reach agreement following mediation, then the matter shall be
submitted to binding arbitration subject to the rules of the American Arbitration
Association, the costs of such arbitration being borne in proportion among the Parties
according to their Participation Percentages.
Section 10. Miscellaneous
10.1
Confidentiality. The Participants and NCPA will keep confidential
all confidential or trade secret information made available to them in connection with
this Agreement, to the extent possible, consistent with applicable laws, including the
California Public Records Act and the California Constitution. It shall be the
responsibility of the holder of the claim of confidentiality or trade secret to defend at its
expense against any request that such information be disclosed. Confidential or trade
secret information shall be marked or expressly identified as such.
10.2 Indemnification and Hold Harmless. Subject to the provisions of
Section 10.4, each Participant agrees to indemnify, defend and hold harmless NCPA
and its Members, including their respective entities governing officials, officers,
agents, and employees, from and against any and all claims, suits, losses, costs,
damages, expenses and liability of any kind or nature, including reasonable attorneys'
fees and the costs of litigation, including experts ("Claims"), to the extent caused by
any acts, omissions, breach of contract, negligence (active or passive), gross
negligence, recklessness, or willful misconduct of a Participant, its governing officials,
officers, employees, subcontractors or agents, to the maximum extent permitted by law.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
10.3 Several Liabilities. No Participant shall be liable under this
Agreement for the obligations of any other Participant, and each Participant shall be
solely responsible and liable for performance of its obligations under this Agreement,
except as otherwise provided for herein, and the obligation of each Participant under
this Agreement is a several obligation and not a joint obligation with those of the other
Participants.
10.4 No Consequential Damages. FOR ANY BREACH OF ANY
PROVISION OF THIS AGREEMENT FOR WHICH AN EXPRESS REMEDY OR
MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT, THE
LIABILITY OF THE DEFAULTING PARTY SHALL BE LIMITED AS SET
FORTH IN SUCH PROVISION, AND ALL OTHER DAMAGES OR REMEDIES
ARE HEREBY WAIVED. IF NO REMEDY OR MEASURE OF DAMAGE IS
EXPRESSLY PROVIDED, THE LIABILITY OF THE DEFAULTING PARTY
SHALL BE LIMITED TO ACTUAL DAMAGES ONLY AND ALL OTHER
DAMAGES AND REMEDIES ARE HEREBY WAIVED. IN NO EVENT SHALL
NCPA OR ANY PARTICIPANT OR THEIR RESPECTIVE SUCCESSORS,
ASSIGNS, REPRESENTATIVES, DIRECTORS, OFFICERS, AGENTS, OR
EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES OR
DAMAGES, INCLUDING LOSS OF USE, LOSS OF GOODWILL, LOST
REVENUES, LOSS OF PROFIT OR LOSS OF CONTRACTS EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
AND NCPA AND EACH PARTICIPANT EACH HEREBY RELEASES EACH
OTHER AND EACH OF SUCH PERSONS FROM ANY SUCH LIABILITY.
10.5 Amendments. Except where this Agreement specifically provides
otherwise, this Agreement may be amended only by a written instrument executed by
the Parties with the same formality as this Agreement. Notwithstanding the above, the
Parties hereby agree that the Participants have the discretion to modify the provisions of
the following Exhibits pursuant to Section 6.2: A (Participation Percentages), C
(Approved Resource Schedules), E (Contract Price), and G (Form of Power Purchase
Agreement). The Parties further agree that the NCPA general manager has the
discretion to modify the provisions of Exhibits B (Form of Resource Schedule) and F
(Form of Request for Proposals).
10.6 Severability. In the event that any of the terms, covenants or
conditions of this Agreement or the application of any such term, covenant or
condition, shall be held invalid as to any person or circumstance by any court having
jurisdiction, all other terms, covenants or conditions of this Agreement and their
application shall not be affected thereby, but shall remain in force and effect unless the
court holds that such provisions are not severable from all other provisions of this
Agreement.
10.7 Governing Law. This Agreement shall be interpreted, governed by,
and construed under the laws of the State of California.
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
10.8 Headings. All indices, titles, subject headings, section titles and
similar items are provided for the purpose of convenience and are not intended to be
inclusive, definitive, or affect the meaning of the contents of this Agreement or the
scope thereof.
10.9 Notices. Any notice, demand or request required or authorized by
this Agreement to be given to any Party shall be in writing, and shall either be
personally delivered to the Participant Representative and the secretary of the
Commission or transmitted to the Participant and the secretary at the address shown on
the signature pages hereof. The designation of such address may be changed at any time
by written notice given to the secretary of the Commission who shall thereupon give
written notice of such change to each Participant.
10.10 Warranty of Authority. Each Participant, and NCPA, represents and
warrants that it has been duly authorized by all requisite approval and action to execute
and deliver this Agreement and that this Agreement is a binding, legal, and valid
agreement enforceable in accordance with its terms as to the Participant and as to
NCPA. Upon the execution of this Agreement, each Participant shall deliver to NCPA
evidence of such Participant's authority to enter into this Agreement and that such
authority was exercised in accordance with such Participant's Constitutive Documents.
10.11 Counterparts. This Agreement may be executed in any number of
counterparts, and each executed counterpart shall have the same force and effect as an
original instrument and as if all the signatories to all of the counterparts had signed the
same instrument. Any signature page of this Agreement may be detached from any
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
counterpart of this Agreement without impairing the legal effect of any signatures
thereon, and may be attached to another counterpart of this Agreement identical in form
hereto but having attached to it one or more signature pages.
10.12 Assignment. Except as provided by Section 7, no Participant may
assign or otherwise transfer all or any portion of its Participation Percentage or any
other rights and obligations under this Agreement without the express written consent
of NCPA.
10.13 List of Exhibits. The Exhibits referenced herein shall be denoted as
follows'
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
Exhibit
m_
B-
C-
D-
E-
F-
G-
Participation Percentages
Form of Resource Schedule
Approved Resource Schedules
Average Procurement Price
Contract Price
Form of Request for Proposals
Form of Power Purchase Agreement
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
IN WITNESS WHEREOF, each Participant has executed this Agreement with
the approval of its governing body, and NCPA has authorized this Agreement in
accordance with the authorization of its Commission.
NORTHERN CALIFORNIA
POWER AGENCY
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
BAY AREA RAPID TRANSIT
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
CITY OF HEALDSBURG
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
LASSEN MUNICIPAL UTILITY DISTRICT
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
CITY OF LOMPOC
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
CITY OF PALO ALTO
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
PLUMAS SIERRA REC
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
PORT OF OAKLAND
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
CITY OF ROSEVILLE
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
CITY OF SANTA CLARA
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
TURLOCK IRRIGATION DISTRICT
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
CITY OF UKIAH
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
[Address]
[City, State, Zip]
[Telephone]
[Facsimile]
By:
Its:
By:
Its:
By:
Its:
By:
Its:
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Exhibit A
Participation Percentages
Participant Election Participation
Participant (aMW)* Percentage
Alameda - -
BART 7.0 8.9744%
Biggs - -
Gridle¥ - -
Healdsburg 2.0 2.5641%
Lassen 3.0 3.8462%
Lodi - -
Lompoc 5.0 6.4103%
Palo Alto 15.0 19.2308%
Plumas 1.0 1.2821%
Port of Oakland 2.0 2.5641%
Reddin~ - -
Roseville - -
SVP 25.0 32.0513%
TID 15.0 19.2308%
Truckee Donner - -
Ukiah 3.0 3.8462%
Total Annual aMW 78.0 100.0000%
* aMW = Average Capacity in Average MW
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Exhibit B
Form of Resource Schedule
[to be developed]
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Exhibit C
Approved Resource Schedules
The Resource Schedule submitted in connection with approving a Proposed Resource
under Section 3 will be added to this Exhibit following approval of such Proposed
Resource in accordance with Section 3.4
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Exhibit D
Average Procurement Price
The Average Procurement Price shall include the cost for all active resources in the
NCPA Green Power Project. Anytime a new resource is to be considered for addition
to the NGPP, the cost impact of the new resource to the Average Procurement Price
shall be recalculated As active resources within the NGPP terminate, the Average
Procurement Price may exceed the Average Procurement Price Cap.
The Average Procurement Price will be calculated as follows:
1) The discount rate to be used to determine present value shall be 2.41%. This factor
reflects the average Implicit Price Deflator (IPD) for U.S. Gross Domestic Product
for the years 1986 through 2005.
2) For each resource
a) Estimate the expected generation over the life of the resource,
b) Calculate the annual cost,
c) Present value the annual cost to 2006 using the average IPD
3) Sum the following for all active resources in the NGPP and the resource(s) for
addition to the NGPP:
a) The expected generation,
b) PV of annual cost
4) Divide the total PV of annual cost by the total expected generation.
Example Calculation:
IPD = 2.41% [ Year
Total 2005 2006 2007
Resource I
Expected Generation (MWh)
Annual Cost ($1,000's)
PV of Annual Cost ($1,000's)
Resource 2
Expected Generation (MWh)
Annual Cost ($1,000's)
PV of Annual Cost ($1,000's/
Resource 2
Expected Generation (MWh)
Annual Cost ($1,000's)
PV of Annual Cost ($1,000's)
87,381[ 12,483 24,966 24,966
I
$ 624 $ 1,267 $ 1,286 $
$ 4,321 $ 624 $ 1,237 $ 1,226 $
104,857I - 17,476
$ $ - $ 1,084 $
$ 6,038 $ $ - $ 1,033 $
2008
24,966
1,325 $
1,234 $
200~
58,254 29,127
3,612 $ 1,806
3,363 $ 1,642
24,966I 8,322 8,322 8,322
$ $ 1,248 $ 1,248 $ 1,248 $
$ 3,571 $ $ 1,219 $ 1,190 $ 1,162 $
All Resource Summar7 Total Resource 1 Resource 2 Resource 3 ... Resource n
Total Expected Generation (MWh) 217,204 87,381 104,857 24,966
Total of PV of Annual Cost ($1,000's) $ 13,930 $ 4,321 $ 6,038 $ 3,571 $ - $
Contract Price $ 64.13 $ 49.45 $ 57.58 $ 143.05 $ - $
Average Procurement Price
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
Exhibit E
Contract Price
The Contract Price shall include all costs for the resource under consideration.
Anytime a new resource is to be considered for addition to the NGPP, the Contract
Price cost shall be calculated.
The Contract Price will be calculated as follows:
1) The discount rate to be used to determine present value shall be 2.41%. This factor
reflects the average Implicit Price Deflator (IPD) for U.S. Gross Domestic Product
for the years 1986 through 2005.
2) For the resource under consideration:
a) Estimate expected generation over the life of the resource,
b) Calculate the annual cost,
c) Present value the annual cost to 2006 using the average IPD
3) Sum the following:
a) The expected generation over the life of the resource,
b) PV of annual cost
4) Divide the total PV of annual cost by the total expected generation.
Example Calculation:
IPD = 2.41% I Year
Total
Resource Under Consideration
Expected Generation (MWh) 74,898
Annual Cost ($1,000's)
PV of Annual Cost ($1,000's) $ 3,697
Contract Price $ 49.36
2005 2006 2007 2008 2
24,966 24,966 24,966
$ $ 1,267 $ 1,286 $ 1,325
$ $ 1,237 $ 1,226 $ 1,234
~lContract Price J
THIRD PHASE AGREEMENT - NCPA GREEN POWER POOL
ITEM NO. 1 lb
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF A RESOLUTION APPROVING THE TRANSMISSION AGENCY
OF NORTHERN CALIFORNIA'S AMENDED AND RESTATED PROJECT AGREEMENT NO.
5 (PA5) FOR PARTICIPATION IN AN OPEN ACCESS SAME TIME INFORMATION
SYSTEM (OASIS) AND DELEGATION OF AUTHORITY TO THE CITY MANAGER TO
EXECUTE AMENDMENTS TO THE AGREEMENT
BACKGROUND: The Transmission Agency of Northern California (TANC) is a joint powers
agency which has 75% ownership interest in the California-Oregon Transmission Project
(COTP). COTP is one of three high-voltage transmission lines between the Pacific Northwest
and California. TANC is also the project manager for COTP. The City of Ukiah is a member
of TANC and holds approximately a 0.2% ownership share in COTP.
A transmission OASIS site is an electronic billboard which allows transmission owners to post
for sale unused transmission capacity, and which notifies potential purchasers of the
availability of the capacity. OASIS sites have become a common feature within the electric
industry since the implementation of open transmission access in 1996. TANC has joined with
other public power agencies to establish a joint OASIS site labeled "WesTTrans". Participation
in this site allows TANC members to post for sale unused transmission COTP capacity.
(Continued on Page 2)
RECOMMENDED ACTION: Staff recommends that City Council adopt the resolution
approving the amendment to the Transmission Agency of Northern California (TANC) Project
Agreement No. 5 (PA5) for the participation in the WesTTrans Open Access Same Time
Information System (OASIS), and authorize the City Manager to execute the attached contract
amendment. Staff further recommends that Council delegate the authority to the City Manager
to approve and execute amendments to the Agreement.
ALTERNATIVE COUNCIL POLICY OPTION: Re-direct staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
APPROVED:
NA
Elizabeth Kirkley, Electrical Distribution Engineer
Elizabeth Kirkley, Electrical Distribution Engineer
Candace Horsley, City Manager
1. TANC Amended and Restated PA5 for the Participation in the
WesTTrans OASIS
2. Resolution authorizing the City Manager to execute the TANC
Amended PA5 and delegation of authority for future amendments
Candace Horsley, City I~anager
PA5 includes provisions that determine how revenues from sales of COTP capacity will be
allocated among members. When the original Agreement was drafted it was anticipated that
all capacity sales would be to third parties rather than to TANC members. Accordingly, it was
appropriate that sales revenues be distributed pro-rata among members who had posted
transmission capacity for the applicable period. The Energy Policy Act of 2005, which became
effective in December 2005, includes changes to OASIS posting requirements. As a
consequence, TANC members may find themselves in the position of posting available
transmission capacity and later then re-purchasing it from the OASIS site. The modified
agreement specifies that when a member purchases transmission capacity from the TANC
OASIS site, revenues received from that purchase will first be allocated to the purchasing
member up to the level of its posting, with remaining revenues allocated to other members pro-
rata. The TANC Amended and Restated PA5 for the Participation in the WesTTrans OASIS
(see Attachment 1) was approved by the TANC Commission on May 17, 2006. Approval by all
participating members is required for the revised agreement to take effect.
RESOURCE IMPACT: Approving this action will ensure that costs and revenues associated
with posting transmission are properly allocated. The cost of participating in the WesTTrans
OASIS remains the same.
ENVIRONMENTAL REVIEW: The revision is not considered a "project" as defined by the
California Environmental Quality Act (CEQA), (CEQA Guidelines {}15378). Consequently, no
CEQA action is required.
RECOMMENDATION: Staff recommends that the City Council adopt a resolution (Attachment
2) authorizing the City Manager to execute the attached modified Project Agreement No. 5 and
delegating authority to the City Manager to approve and execute amendments to the
Agreement.
ATTACHMENT I
TRANSMISSION AGENCY OF NORTHERN CALIFORNIA
AMENDED AND RESTATED PROJECT AGREEMENT NO. 5
FOR THE PARTICIPATION IN THE WESTTRANS OASIS
PREAMBLE
This Project Agreement No. 5 ("Agreement") originally entered into as of
August 23, 2004, and amended and restated effective as of May 1, 2006, by and among
the Transmission Agency of Northern California, hereinafter referred to as "TANC"; and
the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa
Clara, and Ukiah; the Modesto Irrigation District; the Turlock Irrigation District; and the
Plumas-Sierra Rural Electric Cooperative, TANC Members hereinafter collectively
referred to as the "Participating Members," with regard to the following:
RECITALS
WHEREAS:
A. TANC owns Transfer Capability on the California Oregon Transmission
Project that is not under the control of the California Independent System Operator.
B. TANC desires to enhance transmission availability in California by
making the Participating Members' unused and unencumbered Transfer Capability
available for use by other entities in an open and efficient manner and in accordance
with the TANC Open Access Transmission Tariff.
C. On March 31, 2004, a voluntary coalition of transmission providing
entities in the Western Interconnection began offering access to their transmission
systems on a single OASIS site, known as the wesTTrans OASIS. This cooperative effort
includes alignment of business practices and processes between all transmission
providers to the greatest extent possible, while retaining the individual Open Access
Transmission Tariffs of each transmission provider. A primary benefit of this effort is the
enhancement of the transmission market within the Western Interconnection.
D. TANC and its Participating Members have concluded that it is in their
interest and the interest of electricity customers in the state for TANC to participate as a
Transmission Provider on the wesTTrans OASIS. Based on discussions with Open
Access Technologies, Inc. the operator of the wesTTrans OASIS, TANC has concluded
that TANC's designation of a TANC OASIS Administrator will be necessary to facilitate
TANC Members' sales of available Transfer Capability on wesTTrans OASIS.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set
forth in this Agreement, TANC and the TANC Members that will be Participating
Members and have signed below hereby agree as follows:
AGREEMENT
1. SERVICE AGREEMENTS
TANC is hereby authorized and directed to act on behalf of the Participating
Members to become a participant in the wesT-Frans OASIS, including the negotiation
and execution of a service agreement with Open Access Technologies, Inc, for TANC's
participation in the wesTTrans OASIS. TANC is additionally authorized and directed to
act on behalf of the Participating Members to designate and execute a service agreement
with a TANC OASIS Administrator to facilitate TANC's participation in the wesTTrans
OASIS.
2. SERVICE INITIATION AND OTHER FEES.
A schedule of service fees that includes an initiation fee and a monthly fee
associated with services that Open Access Technologies, Inc. will perform, in order for
TANC to participate in the wesTTrans OASIS, is included in Exhibit A. Fees associated
with the TANC OASIS Administrator functions shall be set forth in the service
agreement between TANC and the TANC OASIS Administrator.
Any fees related to the termination of this Agreement shall be allocated to
Participating Members in accordance with the provisions of Section 3.
3. ALLOCATION OF PROJECT COSTS TO PARTICIPATING MEMBERS
All costs and expenses associated with this Agreement and all fees or charges for
wesTTrans OASIS and the TANC OASIS Administrator service initiation, and
wesTTrans OASIS and the TANC OASIS Administrator monthly service will be
allocated to the Participating Members in accordance with their Project Agreement No. 3
Participation Percentages prorated after subtracting the percentages of the TANC
Members that do not execute this Agreement. Schedules of fees associated with such
services are located in Exhibit A and the service agreement between TANC and the
TANC OASIS Administrator. TANC, upon receipt of such invoices from Open Access
Technologies, Inc. (OATI), and the TANC OASIS Administrator will allocate such
initiation and service costs to Participating Members. The allocation percentage for each
Member executing this agreement is shown in Exhibit B, attached to and incorporated
into this Agreement.
4. ALLOCATION OF NET REVENUES
For the purposes of this Project Agreement No. 5, the term "Transmission Offer"
shall mean a specified whole number of megawatts, that in compliance with the
procedures under this Agreement, Project Agreement No. 3, and those applicable
provisions of the wesTTrans OASIS, the WesTTrans contract with TANC, the service
agreement between TANC and the TANC OASIS Administrator, and the service
agreement between TANC and Open Access Technologies, Inc., is released by the
Participating Member to TANC to be offered for sale, for a period, as designated by the
Participating Member. The time period of any Transmission Offer must coincide with
the time period of the actual sale or sales TANC makes, regardless of any difference
between the amount offered and the amount TANC succeeds in selling. The TANC
OASIS Administrator shall allocate to each Participating Member the revenue received,
net of expenses associated with the Transmission Offer, from sale of Transfer Capability
by the TANC OASIS Administrator in proportion to each Participating Member's
Transmission Offer. In making such allocation, when more than one Participating
Member has made a Transmission Offer, the TANC OASIS Administrator shall allocate
to each Participating Member that made a Transmission Offer, the revenue derived by
multiplying the total revenue received from the sale or sales coinciding with the time
period during which more than one Transmission Offer has been made, by the fraction
resulting from the division of each such Participating Member's Transmission Offer by
the sum of the Transmission Offers made during the coincident time period of the sale
or sales.
Notwithstanding the foregoing paragraph, should a Participating Member
(Purchasing Member) purchase transmission through the wesTTrans OASIS site for any
period, the revenue from such a purchase shall first be allocated to that Purchasing
Member to the extent that the Purchasing Member has made a Transmission Offer for
the period. If the transmission purchase is greater than the amount of the Purchasing
Member's Transmission Offer, the remaining revenue shall be allocated to the other
Participating Members who submitted Transmission Offers in the same time period by
multiplying the remaining revenue received from the sale by the fraction resulting from
the division of each such Participating Member Transmission Offer by the sum of the
Transmission Offers made during the time period of the purchase, excluding the
Transmission Offer of the Purchasing Member. For the purpose of allocating revenue
from other transmission purchases during the period, the Purchasing Member's
Transmission Offer will be reduced by the amount it purchased through the wesTTrans
OASIS.
The TANC Commission may modify the allocation of revenue as delineated in
the preceding paragraphs by an affirmative vote of the Participating Members
representing 65 % of the Cost Allocation Percentages as indicated in Exhibit B.
Revenue resulting from the sale of the Participating Members' offered Transfer
Capability shall be distributed by the TANC OASIS Administrator to each Participating
Member not in default of any obligation to TANC, according to the timelines contained
in the service agreement between TANC and the TANC OASIS Administrator. The
TANC OASIS Administrator may set off amounts due TANC or the TANC OASIS
Administrator from revenues due a Participating Member in default in accordance with
Section 9 of this agreement.
5. COORDINATION WITH TANC OASIS ADMINISTRATOR
Participating Members agree to coordinate with the TANC OASIS Administrator
to (1) provide information regarding available Transfer Capability, credit policies, and
other information as may be reasonably deemed necessary by the TANC OASIS
Administrator in the performance of its duties to facilitate TANC's participation on
behalf of Participating Members in wesTTrans OASIS, to collect the revenues from
transmission customers, and (2) to perform the financial settlements among
Participating Members of fees and revenues associated with the participation in the
wesTTrans OASIS.
Each Participating Member agrees to provide to the TANC OASIS Administrator the
available Transfer Capability it desires to post for sale on the wesTTrans OASIS as a
Transmission Offer in accordance with the procedures, timelines, and formats as
mutually agreed to by the Participating Members and the TANC OASIS Administrator,
as those may be modified from time to time by agreement of the participating members.
6. TERM AND TERMINATION.
This Agreement shall take effect as of the date hereof and shall remain in full
force and effect for a minimum of twelve months from the date that TANC initiates
service on the wesTTrans OASIS. Following the initial twelve-month period, any
Participating Member may terminate its participation in this Agreement upon sixty days
written notice to TANC, after which time TANC shall no longer participate on behalf of
the terminating Participating Member in the wesTTrans OASIS. The terminating
Participating Member shall be obligated to pay its share of all project costs and liabilities
pursuant to Section 3 of this Agreement incurred in connection with the provision of
services provided up to the date when the Participating Member's termination becomes
effective, as well as for contingent liabilities that occurred prior to but may arise after the
date of termination, regardless of when the fees are assessed to TANC or the
contingency is liquidated, and in accordance with the Participation Percentages shown
in Exhibit B if fixed in nature, or the Schedule of Service Fees, if variable. The
terminating Participating Member not in default shall be entitled to its share of all
transmission revenues derived from TANC's sales of Transfer Capability on the
wesTTrans OASIS made up to the date when the Participating Member's termination
becomes effective, in accordance with the revenue allocation procedures described in
Section 4 of this Agreement.
In the event that one or more Participating Members terminates its participation
in this Agreement, the remaining Participating Members may elect to adjust the cost
allocation percentages shown in Exhibit B. If by the date that any Member's termination
of its participation in this Agreement becomes effective the remaining Participating
Members have not agreed to adjust the allocation percentages shown in Exhibit B,
TANC shall terminate its participation in the wesTTrans OASIS in accordance with
termination provisions contained in the service agreement in place between TANC and
Open Access Technologies, Inc, or its successor and with the TANC OASIS
Administrator.
This Agreement shall automatically continue for an indefinite term unless
terminated pursuant to the above provisions.
7. AMENDMENTS
hereto.
This Agreement may be amended only by the written agreement of all the parties
8. BILLING AND PAYMENT
With the exception of the service fee associated with the initiation of service with
Open Access Technologies, Inc., as presented in Exhibit A, and TANC OASIS
Administrator Setup and Testing/Training costs as described in the service agreement
between TANC and the TANC OASIS Administrator, the accounting and billing period
shall be one (1) calendar month. Monthly bills sent by the TANC OASIS Administrator
to a Participating Member shall be sent by United States mail first class, postage prepaid
or its equivalent, to the billing address specified in Exhibit C. The designation of any
person specified in Exhibit C may be changed at any time by advance notice given to all
Participating Members not then in default of any payment due hereunder, TANC, and
the TANC OASIS Administrator. A copy of such billing will be sent to TANC.
Billings for amounts payable shall be due on the thirtieth (30th) day after receipt
of the bill. Payment shall be made at offices designated by the party to which payment
is due. If the due date falls on a non-business day of either party, then the payment shall
be due on the next following business day without interest.
Amounts of monthly billings not paid on or before the due date shall be payable
with an interest charge calculated from the due date to the date of payment. The interest
charge shall be that charge against unpaid amounts due and owing in accordance with
this Agreement assessed at an annual interest rate compounded monthly equal to the
lesser of (i) two percent (2%) plus the applicable first of the month reference rate or
successor, of the Bank of America N.T. & S.A., San Francisco, California, in effect from
time to time during the period over which the payment is overdue or (ii) the maximum
interest rate permitted by law.
Payments for the use of TANC's available Transfer Capability shall be collected
by the TANC OASIS Administrator and on a monthly basis, fully credited to the
Participating Member or Participating Members making such Transfer Capability
available, in accordance with the revenue allocations described in Section 4 of this
Agreement and the timelines contained in the service agreement between TANC and the
TANC OASIS Administrator.
9. DEFAULT
Upon the failure of any Participating Member to meet its obligations hereunder,
TANC shall give written notice of the failure to such Participating Member and, if such
failure has not been cured within forty-five (45) days after the date of such notice, it shall
constitute a default at the expiration of such forty-five (45) day period. Upon such
default, TANC may terminate this Agreement as to the defaulting Participating
Member, and protect and enforce its rights hereunder by suit or suits in equity or at law,
whether for the specific performance of any covenant herein or for damages or in aid of
the execution of any power granted herein or any other remedy available under any
provision of applicable law. The costs allocation percentages will be adjusted amongst
the remaining Participating Members in accordance with the process described in
Section 6 of this agreement.
10. INDEMNIFICATION
The Participating Members shall indemnify, defend, and hold harmless TANC,
its commissioners, officers, agents, and employees, to the extent provided by law, and
the TANC Members that do not execute this Agreement, and their respective governing
bodies, officers, agents, and employees, from any liability for personal injury, death,
property damage, contractual or tort liability, regardless of the theory of recovery, to the
fullest extent of the law, arising out of the negligent acts or failures to act of TANC, its
commissioners, officers, agents, and employees, or of a non-participating TANC
Member, its governing body, officers, agents, and employees in connection with this
Agreement. Each Participating Member agrees that TANC's commissioners, officers,
agents and employees shall not be liable to the Participating Members for direct, indirect
or consequential loss or damage suffered by the Participating Members as a result of the
performance or nonperformance by TANC or the TANC OASIS Administrator of this
Agreement or any agreement with a third party associated with this Agreement. Each
Participating Member releases TANC's Commissioners, officers, agents and employees
from any claim or liability (whether negligent or otherwise) as a result of any actions or
inactions of TANC under this Agreement or the performance or nonperformance by
TANC under this Agreement.
11. SEVERABILITY
If any provision of this Agreement is finally adjudicated by a court of competent
jurisdiction to be invalid, the remainder of this Agreement shall remain in full force and
effect as though the invalid provision had not been included herein.
12. MEMBERS' OBLIGATIONS SEVERAL
The obligation of each Participating Member to make payments under this
Agreement is a several obligation and not a joint obligation with those of the other
Participating Members.
13. WAIVER OF DEFAULT
Any waiver at any time by any party of its rights with respect to a default under
this Agreement, or with respect to any other matters arising in connection with this
Agreement, shall not be deemed a waiver with respect to any subsequent default or
other matter.
14. WAIVER OF RIGHTS OF REFUSAL
Each Participating Member as to each other, and as to each non-participating
TANC Member that delivers a duly authorized and executed waiver in the same form as
this section to TANC, does hereby waive and release any and all claim of right to
exercise a right of refusal under Section 7 of Project Agreement No. 3 to Transfer
Capability offered as a Transmission Offer under this Agreement or, if offered by a non-
participating TANC Member, on the wesTTrans OASIS or a similar OASIS in accordance
with the then current Short and Long-Term Layoff Procedures of TANC, provided that
such offer is for a period of less than twelve (12) months.
15. COUNTERPARTS
This Agreement may be executed in several counterparts, each of which shall be
deemed to be an original and all of which, when taken together, shall constitute a single
Agreement.
16. SIGNATURES
In witness whereof, the parties have caused this Project Agreement No. 5 to be
executed as of the date first above written. The signatories to this Project Agreement
No. 5 represent that they have been appropriately authorized to enter into this Project
Agreement No. 5 on behalf of the party for whom they sign.
10
PARTICIPATING MEMBERS
CITY OF ALAMEDA
By:
Name:
Title:
Date:
CITY OF HEALDSBURG
By:
Name:
Title:
Date:
CITY OF LODI
By:
Name:
Title:
Date:
CITY OF LOMPOC
By:
Name:
Title:
Date:
11
MODESTO IRRIGATION DISTRICT
By:
Name:
Title:
Date:
CITY OF PALO ALTO
By:
Name:
Title:
Date:
CITY OF REDDING
By:
Name:
Title:
Date:
CITY OF ROSEVILLE
By:
Name:
Title:
Date:
12
CITY OF SANTA CLARA
By:
Name:
Title:
Date:
TURLOCK IRRIGATION DISTRICT
By:
Name:
Title:
Date:
CITY OF UKIAH
By:
Name:
Title:
Date:
PLUMAS-SIERRA RURAL ELECTRIC
COOPERATIVE
By:
Name:
Title:
Date:
13
TRANSMISSION AGENCY OF NORTHERN
CALIFORNIA
By:
Name:
Title:
Date:
NON-PARTICIPATING MEMBERS
SACRAMENTO MUNICIPAL UTILITY
DISTRICT
By:
Name:
Title:
Date:
14
EXHIBIT A
SCHEDULE OF SERVICE FEES FOR SERVICES RENDERED BY
OPEN ACCESS TECHNOLOGIES, INC.
COMMON WESTERN OASIS sERVICE
Description Service Monthly Comments
Initiation Service
Fee1 Fee:';
'I'AIqC a::. ,¢~ :~.in.;lle $50.1)00 $5.001) F'r,:,,,Mes all fun,:ti,:,nality in a,:,:,:,r,:lan,:e v,.ith the
~ait':,. ,.All TAHC TF' :~. C,:,mm,:,n '/.,'e:3.tern ,;,A:~4:~, Fur,:ti,:,nal :51:,e,:ifi,:ati,:,n.
,:,in a:; TA['IE: .:,',:1 v, ill
one TP .:,~ tl-~e A:~,sume:~ all TF's re,jlister ,:r; a :~.in,?e HERC entity,..
;,A.'.~,l:~, ',
F,:,r les:~, than 5,:),) C,A:51:~, requests per m,:,nth.
'10 User ID s and ,:.ertifi,:.ates t,:,t.~l.
Price Schedule Notes:
1. Service Initiation Fee will be invoiced upon execution of Common Western
OASIS Customer Agreement.
2. Minimum subscription term is 12 months.
3. Monthly Service Fee for each Provider begins at time of OASIS initialization or
30 days after completion of acceptance testing, whichever is earlier.
4. Other OATI subscribed services will continue to be provided under separate
OATI Customer Agreements.
5. Any necessary, preapproved travel expenses will be invoiced to Common
Western OASIS Service customers at pro-rata OATI actual cost.
6. One day of training provided at OATI Data Center in Minneapolis, MN.
7. The Monthly Service Fee reflected above is the initial monthly fee for the first
12 months of service and may change from time to time there after.
15
EXHIBIT B
COST ALLOCATION PERCENTAGES
TANC Member WesTTRans OASIS WesTTrans OASIS TANC OASIS
Service Initiation Monthly Service Administrator Fees
Fee Fee
City of Alameda 1.850 5/0 1.850 % 1.850 %
City of Healdsburg 0.370 % 0.370 % 0.370 %
City of Lodi 2.622 % 2.622 % 2.622 %
City of Lompoc 0.255 % 0.255 % 0.255 %
City of Palo Alto 5.550 % 5.550 % 5.550 %
City of Redding 11.487 % 11.487 % 11.487 %
City of Roseville 3.184 % 3.184 % 3.184 %
City of Santa Clara 27.976 % 27.976 % 27.976 %
City of Ukiah 0.293 % 0.293 % 0.293 %
Modesto Irrigation 29.082 % 29.082 % 29.082 %
District
Plumas-Sierra Rural
Electric Cooperative
Turlock Irrigation
District
0.223 %
17.124 %
0.223 %
17.124 %
0.223 %
17.124 %
16
EXHIBIT C
BILLING ADDRESSES OF THE PARTIES
City of Alameda
Alameda Power & Telecom
P.O. Box H
Alameda, CA 94501-0263
City of Healdsburg
c/o Northern California Power Agency
180 Cirby Way
Roseville, CA 95678
City of Lodi
1331 South Ham Lane
Lodi, CA 95242-3995
City of Lompoc
P.O. Box 8001
Lompoc, CA 93438
Modesto Irrigation District
P. O. Box 4060
Modesto, CA 95352
City of Palo Alto
P. O. Box 10250 MS3C
Palo Alto, CA 94303
City of Redding
17120 Clear Creek Road
Redding, CA 96001-5106
City of Roseville
2090 Hilltop Circle
Roseville, CA 95678
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Turlock Irrigation District
P. O. Box 949
Turlock, CA 95381
City of Ukiah
300 Seminary Avenue
Ukiah, CA 95482
Plumas-Sierra Rural Electric Coop.
73233 Hwy 70
Portola, CA 96122-2000
Transmission Agency of Northern
California
P. O. Box 661030
Sacramento, CA 95866
17
ATTACHMENT 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF UKIAH APPROVING THE
TRANSMISSION AGENCY OF NORTHERN CALIFORNIA AMENDED AND
RESTATED PROJECT AGREEMENT NO. 5 FOR THE PARTICIPATION IN THE
WESTTRANS OPEN ACCESS SAME TIME INFORMATION SYSTEM AND
DELEGATION OF AUTHORITY TO THE CITY MANAGER TO EXECUTE
FURTHER AMENDMENTS TO THE AGREEMENT
WHEREAS, the City of Ukiah ("City"), a municipal utility and a
chartered city, is a Member of the Transmission Agency of Northern California
("TANC");
WHEREAS, TANC is a joint powers agency authorized by Section
6502 of the California Government Code;
WHEREAS, TANC owns Transfer Capability on the California Oregon
Transmission Project ("COTP") that is not under the control of the California
Independent System Operator ("CAISO");
WHEREAS, TANC, and the Cities of Alameda, Healdsburg, Lodi,
Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah; the Modesto
Irrigation District; the Turlock Irrigation District; and the Plumas-Sierra Rural
Electric Cooperative (the TANC "Participating Members") desire to enhance
transmission availability in California by making the Participating Members'
unused and unencumbered Transfer Capability available for use by other entities
in an open and efficient manner and in accordance with the TANC Open Access
Transmission Tariff;
WHEREAS, on March 31, 2004, a voluntary coalition of transmission
providing entities in the Western Interconnection began offering access to their
transmission systems on a single OASIS site, known as the WesTTrans OASIS;
WHEREAS,
Members commenced
WesTTrans OASIS; and
on December 1, 2005, TANC and its Participating
participation as a Transmission Provider in the
WHEREAS, based on Participating Members' subsequent use of the
WesTTrans OASIS, TANC has concluded that an amendment to the revenue
allocation rules is required to allow a Participating Member to buy back their own
Transfer Capability as posted in the WesTTrans OASIS;
NOW, THEREFORE, the Council of the City of Ukiah does RESOLVE
as follows:
SECTION 1. The Council hereby approves the City of Ukiah's
execution of the "Transmission Agency of Northern California Amended and
Restated Project Agreement No. 5 for the Participation in the WesTTrans OASIS"
("Agreement"), and hereby authorizes the City Manager to execute further
amendments to the Agreement on behalf of the City of Ukiah.
SECTION 2. The Council finds that this is not a project under the
California Environmental Quality Act and, therefore, no environmental impact
assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
APPROVED:
Gail Petersen, City Clerk
Mark Ashiku, Mayor
APPROVED AS TO FORM:
Candace Horsley, City Manager
David Rapport, City Attorney
AGENDA
SUMMARY
ITEM NO. 1 lc
DATE: September 6, 2006
REPORT
SUBJECT: ADOPTION OF RESOLUTION APPROVING AN APPLICATION FOR
PROPOSITION 50 CALIFORNIA RIVER PARKWAYS COMPETITIVE GRANT
PROGRAM FOR RIVERSIDE PARK DEVELOPMENT AND APPROVAL OF UP TO
$15,000 FOR GRANT WRITING TECHNICAL ASSISTANCE.
The passage of the "Water Security, Clean Drinking Water, Coastal and Beach Protection
Act of 2002" (Proposition 50) provided funds for the acquisition, restoration, protection, and
development of areas along rivers, streams, and creeks. City staff has identified this grant
program as a possible source of funding for the development of the Riverside Park Project.
The Proposition 50 California River Parkways Program managed by the California
Resources Agency is a competitive grant program for river parkways projects. Eligible
projects must provide public access or be a component of a larger parkway plan that
provides public access. In addition, projects must meet two of the following conditions:
· Provide compatible recreational opportunities including trails for strolling, hiking,
bicycling, and equestrian uses along rivers and streams.
· Protect, improve, or restore riverine or riparian habitat, including benefits to
wildlife habitat and water quality.
· Maintain or restore the open-space character of lands along rivers and streams
so that they are compatible with periodic flooding as part of a flood management
plan or project.
· Convert existing developed riverfront land into uses consistent with river
parkways.
· Provide facilities to support or interpret river or stream restoration or other
conservation activities. Continued on Page #2
RECOMMENDED ACTION:
1. Adopt the resolution authorizing the application to the Proposition 50 California River
Parkways Program for the Riverside Park Development Project.
2. Approve technical assistance funding for the grant application in an amount not to
exceed $15,000 from the Open Space Special Project Reserve Fund (699.260.015).
ALTERNATIVE COUNCIL POLICY OPTIONS:
Determine the application to the Proposition 50 California River Parkways Program is
inappropriate at this time and do not move to adopt the resolution and/or do not
approve funding to assist with the development of the grant application.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Sage Sangiacomo, Community Services Director
Candace Horsley, City Manager
1. Site Plan and Project Goals
2. Resolution Approving Application for Grant Funds
APPROVED. Candace H0rsley, Ci~~Manager
The plan for Riverside Park clearly meets all five of the previously listed statutory
guidelines. There are no developed public access points to the Russian River in
Mendocino County. When fully developed, Riverside Park will be a popular local and
regional recreation destination, serving a population of over 50,000 people. Attachment
#1 includes the site plan and identified project goals.
The State Coastal Conservancy has provided considerable financial support for the
project including funding for planning, design and a perimeter security fence. Recently,
the Conservancy has indicated that additional funds may be available for continued
development and has designated the project as the top priority river parkway development
along the Russian River corridor. In addition, the City is evaluating the site as a likely
location for the reclamation of water in the restoration of wetland habitat planned for the
southern portion of the property.
This is the second round of funding from the Proposition 50 California River Parkways
Program. There is approximately $100,000,000 in total funding that is anticipated to be
awarded in a total of three rounds. In the first round of funding, thirty-seven agencies
received 38.5 million dollars in grants that ranged from $75,000 to $2,650,000. If
approved, staff plans to develop a grant application seeking enough funding to complete
the development of a number of components including riverine and riparian habitat and
trails. Staff believes that the application will be over $2 million dollars. No matching
funds from the City are required for this program.
In order to apply for the grant, Council must adopt the attached resolution authorizing
the application. The grant is due on October 17 which is just 60 days from the release
of the application. Given the short turn around, Staff requests that Council authorize up
to $15,000 to be used for technical assistance from the Open Space Special Project
Reserve Fund (699.260.015). While a team of staff members from the Community
Service, Planning and Utility Departments will manage the preparation of the document,
technical assistance from environmental consulting firms like Brown and Caldwell will be
needed to provide engineering details and project estimates. In addition, staff may find
it necessary to commission the technical assistance of a professional grant writer to
ensure a quality application. If the City is not successful in this round of funding, the
application can be resubmitted in the next round. Thus, the City will have two
opportunities to potentially capitalizing on the investment of staff time and funds for
technical assistance.
Attachment #1
· o
Gobbi 5teeet Riveeside Park
Goals Results
Park Size 42 acres
Riverine Habitat
Riparian Habitat
Botanical Gardens
Trail System
Picnic Grounds
:Parking
Ball Fields
Soccer Field
Tot Lot
BMX
Kayak / Canoe Access
Fishing / Swimming
Dog Park
Education
Approximately 1,900 of river frontage will be stabilized and enhanced
with native plants.
The area between the southern-most fence and agricultural property to
the south extending northward into the park site approximately 450
feet (10 acres) would be devoted to a restoration area that would be
the focus of wetland restoration and wildlife habitat enhancement.
This area would also act as a buffer to the a~ricultural operations.
Within the perimeter ~-ail, there would be a series of landscaped
environments including a redwood forest, an oak woodland, and a
native plants garden containing primarily annuals, shrubs, and ground
cover indigenous to the area.
An approximately 8-foot wide perimeter trail will connect all use
areas in the park. This trail, which will be constructed of decomposed
granite, will be approximately 4,300 feet in length, and would also be
the subject of a nine station parcourse
Along the perimeter of thc trail fronting the Russian River frontage, a
series of picnic areas would be carefully nestled into vegetation along
the top of the bank.
A total of 158 parking spaces will be constructed.
The large baseball diamonds would be adjusted and reconfigured to a
true north-south orientation, providing additional room for an T-Ball
field on the western edge of the park.
A new 180-foot by 300 foot soccer field would be developed.
A single small playground and tot lot would be installed near the
soccer field and passive recreation areas.
The well-used facility would not change beyond its present
configuration. However, access to the site would be greatly improved
and picnic area adjacent to the facility would be constructed.
Of the three points of access provided down to the water's edge, the
middle access would serve as the primary access point for canoeists
and kalt.akers who would have immediate access to parkinll areas.
In addition to the central access, accessways would also be provided
to the water's edge in the northern portion of the park somewhat south
of the boundary and in the south central portion of the park located a
comfortable distance away from the boundary of the agricultural lands
to the south. These accessways would offer access to the water's edge
and sandy beach areas immediately appurtenant and would appeal to
fishing enthusiasts and swimmers.
Due to increasing demand, a fenced site within the central portion of
the park would be developed for a dolt park.
A system of internal footpaths with interpretive displays would
connect all of these areas and provide an opportunity for the public to
learn about the natural habitat and local wildlife. In addition, schools
will have access to the unique riparian and riverine habitat for field
trips and on-site school projects.
Attachment #2
Resolution No:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER SECURITY, CLEAN
DRINKING WATER, COASTAL AND BEACH PROTECTION ACT OF 2002 (Proposition 50)
WHEREAS, the Legislature and Governor of the State of California have provided Funds for the program
shown above; and
WHEREAS, the Resources Agency has been delegated the responsibility for the administration of this grant
program, establishing necessary procedures; and
WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the
approval of application(s) by the Applicants governing board before submission of said application(s) to the
State; and
WHEREAS, the Applicant, if selected, will enter into an agreement with the State of California to carry out the
Project
NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah:
1. Approves the filing of an application for the Gobbi Riverside Park Development;
2. Certifies that Applicant understands the assurances and certification in the application, and
3. Certifies that Applicant or title holder will have sufficient funds to operate and maintain the Project(s)
consistent with the land tenure requirements; or will secure the resources to do so, and
4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor Code regarding
payment of prevailing wages on Projects awarded Proposition 50 Funds, and
5. If applicable, certifies that the Project will comply with any laws and regulations including, but not
limited to, legal requirements for building codes, health and safety codes, disabled access laws, and,
that prior to commencement of construction, all applicable permits will have been obtained, and
6. Appoints the City Manager, or designee, as agent to conduct all negotiations, execute and submit all
documents including, but not limited to applications, agreements, payment requests and so on, which
may be necessary for the completion of the aforementioned Project(s).
Approved and adopted the 6th day of September 2006. I, the undersigned, hereby certify that the foregoing
Resolution Number was duly adopted by the following Roll Call Vote:
AYES:
NOS:
ABSENT:
ABSTAIN:
ATTEST:
Gail Petersen-Latipow, City Clerk
Mark Ashiku, Mayor
ITEM NO. 1 ld
DATE: September 6, 2006
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF COUNCIL POLICY RESOLUTION 11C WHICH ALLOWS
THE DISPLAY OF APPROVED BANNERS OVER THE PUBLIC RIGHT-OF-WAY ALONG
STATE STREET IN DOWNTOWN UKIAH.
The Ukiah Main Street Program recently approached City Staff with a proposal to
create a limited banner program in Downtown Ukiah utilizing 12 metal street light poles
on State Street between Clay Street and Henry Street. The program is similar to those
seen in other communities and would be intended to enhance the special
characteristics of the downtown district with displays that promote the City's image and
economic development. Examples of street pole banners are included in Attachment
#1 for review. The recommended banner size is 30" x 94" for street environments.
The Ukiah Main Street Program has pledged to purchase the mounting hardware and
banner applicants would incur the cost of banner fabrication. In addition, the
application fees to the City would incorporate the cost to hang and remove each banner
which would be contracted to a local vendor. The initial installation of the hardware
would be completed by City Staff to ensure proper placement.
Continued on Page #2
RECOMMENDED ACTION: Approve Council Policy Resolution 11C which allows the
display of approved banners over the public right-of-way along State Street in Downtown
Ukiah.
ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that the proposed Council
Policy Resolution 11C is inappropriate at this time.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Ukiah Main Street Program
N/A
Sage Sangiacomo, Community Services Director
Candace Horsley, City Manager
1. Examples of Street Pole Banners
2. Draft Street Pole Banner Application and Location Map
3. Draft Council Policy Resolution 11C
APPROVED! ~~'~,~~,,,
Candace Horsley, City M~nager
The City of Ukiah Community Services Department would coordinate and schedule
banner placement. Permits for street pole banners issued under this program will be
granted only to community organizations, educational institutions, or governmental
bodies for the purpose of bringing to the attention of the public the events and programs
which are of a general public interest. No permits will be issued to further political or
religious purposes, or purposes primarily involving private financial gain. Furthermore,
a Banner Design Committee consisting of a designee from the Ukiah Main Street
Program and the City of Ukiah's Museum Director will review banner designs on general
aesthetics including color, graphics, text font, banner material, layout, etc. The
Committee may require design revisions at its sole discretion and re-submission until
approval is granted in order to ensure that banners are consistent with the beautification
intent of the program. The City of Ukiah Public Works Department is responsible for
establishing the technical guidelines for fabrication. Full details of the Downtown Street
Light Pole Banner Program are described in the draft application included as
Attachment #2.
Staff has revised Council Policy Resolution 11B which was previously adopted to create
the banner program that crosses State Street adjacent to the Alex R. Thomas Plaza.
Draft Policy Resolution 11C which is included as Attachment #3 is an amended version
of 11B and includes language that would also allow for the proposed street light pole
banner program. Furthermore, the language has been updated to specify the purpose
of both programs and limits banners to the announcement of community or educational
oriented special events, activities and programs. Banners approved under either
program shall not contain or promote any political, religious and/or business advertising
messages.
Attachment #1
Attachment #2
City of Ukiah
Downtown Light Pole Banner Policy
Program Overview
The Downtown Light Pole Banner Program is intended to provide pride in the community,
beautify downtown, and promote community activities that are important to the City's image
and economic development.
The program encompasses 12 poles on State Street, between Clay Street and Henry Street.
The banner program may be used with a minimum posting on 6 poles. The City of Ukiah
Community Services Department coordinates and schedules banner placement and retains
the right to reschedule banner postings pending conflicts with priority events/programs.
Permits for street pole banners issued under this program will be granted only to community
organizations, educational institutions, or governmental bodies for the purpose of bringing to
the attention of the public the events and programs which are of a general public interest. No
permits will be issued to further political or religious purposes, or purposes primarily involving
private financial gain.
Applications for the banner program will be considered in the following priority.
1. City of Ukiah sponsored events, activities, or programs
2. Existing events, activities, or programs with previously approved applications.
3. New events, activities, or programs offered by community organizations or
governmental bodies.
Banner Poles
· The program consists of 12 light poles (1 banner per pole) located on State Street
from Clay Street to Henry Street. See Exhibit "A" for a map of exact locations.
How the Banner Program Works
· Banner programs are managed, scheduled and implemented by the City of Ukiah
Community Services Department.
· Individuals or organizations apply for the program by completing Exhibit "B", Banner
Use Application.
· Banner Use Applications are to be completed and submitted with final artwork and
production specifications to the City of Ukiah for review and approval. The application
needs to be submitted no later than 120 days prior to the target display period. If the
Banner Use Application is approved, the program will be scheduled based upon
banner space availability. The City of Ukiah will notify banner applicant of approval or
decline within 30 days of receipt of Banner Use Application.
· If the Banner Use Application is approved, a Banner Use Agreement, Exhibit "C" will
be issued along with an invoice for payment. The use agreement, insurance and
payment are required in order to reserve the space and should be submitted within 30
days of approval. Insurance requirements are described on the Banner Use
Agreement. Approved banner application fees are non-refundable and non-
transferable in the event the applicant cancels the banner request.
· Banner designs will be reviewed based on all the criteria described in this document
and on general aesthetic and suitability standards. Proposed banner design(s) must
be submitted within 90 days of the target installation. Applicants must submit 4
hardcopies and one PDF image (on CD) of the banner design. Artwork should be to
scale and in full color.
· Banner designs will be evaluated by the Banner Design Committee. The Committee
will review banner designs on general aesthetics including color, graphics, text font,
banner material, layout, etc. The Committee may require design revisions at its sole
discretion and re-submission until approval is granted. Applicants should not
commission production of banners until after receiving written approval of their design
from the Banner Design Committee.
· Banners must be delivered to the City of Ukiah at least 14 days in advance of the
installation date.
· Banners are installed and removed by the City of Ukiah.
· The City of Ukiah can not be responsible for delays in installation or damage due to
weather conditions.
· The City of Ukiah will notify banner applicant to pick up banners within fourteen days
after banner removal. Banners not pick up in this timeframe can not be stored. After
this timeframe, all banners will be discarded.
· The City of Ukiah is not responsible for damaged, lost, vandalized or stolen banners.
Banner program users are encouraged to count their banners prior to delivery and
after pick up if they are going to reuse banners for any purpose. If there is any concern
about banner quantity at pick up, please contact Maya Simerson.
· For public safety, damaged banners will be removed as soon as possible from the
program by the City of Ukiah without notification.
· Banner approval is based upon adherence to guidelines established for the banner
program in accordance with requirements established by the City of Ukiah.
Banner Design Guidelines and Recommendations
· Use bright, contrasting colors.
· Incorporate a small number of large, simple, bold elements. Avoid complex,
ambiguous images with many small components.
· Make sure that imagery and type are appropriately scaled for long-range visibility.
· Limit text. Do not include prices, telephone numbers, addresses, and the words
"sponsored by" in the banner design. CommerCial business sponsorship Iogos and/or
advertising are prohibited.
· Consider hiring a professional graphic designer with experience designing banners.
Banner Fabrication
· The applicant is responsible for banner fabrication.
· Each banner will need to be printed on both sides.
· Because banner technology and materials evolve continuously, it is recommended that
applicants seek advise from designers and manufactures who have experience in
banner fabrication.
· Banners must meet production requirements as described in Exhibit"D". Banners
must be compatible with existing hardware used to mount the banners.
Any questions about the Banner Program should be directed to
Maya Simerson at 707-463-6237
Cost
Quantity
Design Requirements
Banner Production Specs
& Requirements
See Exhibit" D"
Banner Display Length
Fee Payment Details
Banner Delivery/Pick up
Location
$15 per pole for installation.
$15 per pole for removal.
Minimum: 6 poles
Max: 12 poles
Preliminary banner design and specifications must be submitted
for approval with the Banner Use Application.
Final banner artwork and specifications must be provided 90 days
in advance of target installation date.
Use of commercial trademarks and/or Iogos prohibited.
30" wide by 94" long
4" rod pocket at top and bottom of banner
15 oz rip-stop vinyl or equivalent material
All rod pockets sewn with cotton thread, double lock stitch seams
Variations to these guidelines must be approved by the
Community Services Department.
Displayed for a calendar month.
Minimum 15 day display period;
30 day standard display period; Maximum 90 day display period
Complete payment is due with executed Banner Agreement and
must be received within 30 days following receipt of approval.
Banner space will not be reserved unless payment and executed
Banner Use Agreement are received.
Must be delivered 14 days in advance of installation target date.
Must be picked up within fourteen days of end of banner display.
The City of Ukiah will notify you to pick up banners.
Banners will not be stored. Banners not picked up within the
above time period will be discarded
12 light poles on State Street from Mill Street to Henry Street.
Application Process Checklist
[~] Submit Banner Use Application at least 120 days in advance of target display period.
[-'] If approved, return Banner Use Agreement and payment within 30 days.
I"-I Submit proposed artwork (4 hard copies and 1 PDF image on CD) at least 90 days in
advance of target display period for review by Banner Review Committee.
r'"l once the artwork is approved, commission a banner company to manufacturer the banners.
[~] Deliver banners at least 14 days prior to the display date to the City of Ukiah Community
Services Department at 411 West Clay St.
E
C
C O.
Scott
Henry
Smith
Stondley
~orkins
Church
StePhens°n o
Clay
~,
Mill Slreet
Seminary
--11
E
0 --
-- 0
"' 0
0
A.) General Information
Organization
Exhibit "B"
City of Ukiah
Banner Use Application
Contact Name
Address
Daytime Telephone Email
Even Date of Event
B.) When do you want your banners installed and removed?
The earliest date you would want your banners installed
Fax
The latest date you would want your banners installed
The earliest date you would want your banners removed
The latest date you would want your banners removed
Ideal banner installation period
C.) What Quantity of Banners do you prefer?
Banner Program Description [ Quantity Available
State Street Program I 12 Banner Poles
Quantity Requested (min. 6)
D.) Please sketch your banner design and text
E.) Insurance Requirements
"PERMITTEE" agrees to provide a current Certificate of Liability Insurance and
Additional Insured Endorsement, naming the City of Ukiah, its officers, officials,
employees, and volunteers as additional insured. The Certificate must be in the amount
of no less than $1,000,000 general liability and property damage.
F.) Agreement to Indemnify and Save Harmless the City of Ukiah
"PERMITTEE" agrees to waive any claim it might have against the City of Ukiah
("CITY") or its officers and employees for death to any person, personal injury, or
property damage, resulting from the use of City right-of-way for the Banner Program
described on this Permit.
"PERMITTEE" agrees to indemnify and hold "CITY" and its officers and employees
harmless from and against any claim by its members or third parties for death to any
person, personal injury, or property damage, including all costs associated with
defending against any such claim which arises out of Permittee's activities under this
Permit, except for deaths, personal injuries, or property damage resulting solely and
exclusively from the active negligence of City or its officers or employees.
G.) Liability Assurances and Agreement
The obligations stated above shall apply not only to the City, but also to its officers,
agents, employees, volunteers and contractors. Under its obligation to defend the city,
the Permit Holder shall provide at its expense such attorneys, investigators, consultants,
experts or other professionals as may be necessary to defend any such claim or
demand and shall pay all expenses associated with such defense, including any
expenses incurred by the City to assist or participate in such defense. If Permit Holder
fails to provide competent representation when necessary to prevent any prejudice to
the City's interests, the City may retain such services and incur such expenses as my
be reasonably prudent to protect its interests and permit Holder shall pay any such
expenses incurred by the City within 30 days of the date the City provides Permit Holder
with written notice of the expense and demand for payment. In agreeing to indemnify
City under this Agreement, Permit Holder shall pay any settlement or judgment resulting
from a claim, cause of action, or suit covered by this Agreement
These obligations are not dependent on whether any insurance policies required by this
Permit cover a claim or the insurance company agrees to indemnify the City and defend
the claim.
Read this Application, its requirements, and information carefully. Do not sign
this Application unless you fully understand its contents and agree to its terms. If
requirements are not met, permit(s) can be revoked or not issued.
H.) I have read and understand all aspects of this program including but not limited
to: use, design, technical requirements, cost and conditions as outlined. I understand
this application may be approved or denied based upon the program guidelines, banner
space available and/or agreements with the City of Ukiah.
I have read and agree to the terms, conditions, and responsibilities outlined in the
attached documents:
1) Downtown Light Pole Banner Policy 2) Banner Use Application 3) Banner Use
Agreement 4) Banner Production Requirements
Signature of Permittee and Title
Print Name and Date
Please submit this application with the appropriate deposit check payable to City
of Ukiah, and mail to:
City of Ukiah
411 W. Clay Street
Ukiah, CA 95482
Exhibit "C"
CITY OF UKIAH
DOWNTOWN BANNER PROGRAM USE AGREEMENT
THIS AGREEMENT is entered this day of
City of Ukiah, 411 West Clay Street, Ukiah CA 95482 and
(hereinafter referred to as "PERMITTEE"), (address),
20 between
1. "PERMITTEE" hereby agrees that City of Ukiah, in its handling, transporting, installation
or use of Banner User's banners, makes no warranty or guarantee with respect to the
care, custody, safekeeping, good condition, or timely installation of such banners. And
City of Ukiah hereby disclaims all responsibility for loss or damage to such banners,
whether resulting directly, consequentially, or incidentally from City of Ukiah handling,
transporting, installation or use of such banners.
2. "PERMITTEE" hereby releases the City of Ukiah from all liability, contractual or
otherwise, and waives all claims against the Releases for but not limited to the following
situations:
a. Mistakes made in installation of Banner User's banners;
b. Damage to Banner User's banners during storage, transport, installation, or use;
c. Theft of Banner User's banners;
d. Money lost due to scheduling conflicts which prevent City of Ukiah installation of
Banner User's banners.
e. Installer errors in placement
3. "PERMITTEE" agrees that this agreement is intended to be as broad and inclusive as is
permitted by the law of the State of California and that if any portion thereof is held
invalid it is agreed that the balance shall notwithstanding continue in full legal force and
effect.
4. "PERMITTEE" agrees to provide a current Certificate of Liability Insurance and
Additional Insured Endorsement, naming the City of Ukiah, its officers, officials,
employees, and volunteers as additional insured. The Certificate must be in the
amount of no less than $1,000,000 general liability and property damage.
5. "PERMITTEE" agrees to waive any claim it might have against the City of Ukiah
("CITY") or its officers and employees for death to any person, personal injury, or
property damage, resulting from the use of City right-of-way for the Banner Program
described on this Permit.
"PERMITTEE" agrees to indemnify and hold "CITY" and its officers and employees
harmless from and against any claim by its members or third parties for death to any
person, personal injury, or property damage, including all costs associated with
defending against any such claim which arises out of Permittee's activities under this
Permit, except for deaths, personal injuries, or property damage resulting solely and
exclusively from the active negligence of City or its officers or employees.
6. The obligations stated above shall apply not only to the City, but also to its officers,
agents, employees, volunteers and contractors. Under its obligation to defend the
city, the Permit Holder shall provide at its expense such attorneys, investigators,
consultants, experts or other professionals as may be necessary to defend any such
claim or demand and shall pay all expenses associated with such defense, including
any expenses incurred by the City to assist or participate in such defense. If Permit
Holder fails to provide competent representation when necessary to prevent any
prejudice to the City's interests, the City may retain such services and incur such
expenses as my be reasonably prudent to protect its interests and permit Holder
shall pay any such expenses incurred by the City within 30 days of the date the City
provides Permit Holder with written notice of the expense and demand for payment.
In agreeing to indemnify City under this Agreement, Permit Holder shall pay any
settlement or judgment resulting from a claim, cause of action, or suit covered by
this Agreement
These obligations are not dependent on whether any insurance policies required by
this Permit cover a claim or the insurance company agrees to indemnify the City and
defend the claim.
IN WITNESS WHEREOF, City of Ukiah and "PERMITTEE" by their respective
officers thereunto duly authorized, have executed this Downtown Banner use
Agreement as of the above written date.
CITY OF UKIAH
"PERMITTEE"
By:
By:
Title: Title:
Exhibit "D"
BANNER TECHNICAL SPECIFICATIONS
Downtown Light Pole Banner Program
Banner Specifications listed below:
4" Total Casing --
86" Design Space --
4" Total Casing --
30" Total Width
94" Total Length (finished)
Please Note:
Design should include bold solid design elements for maximum visibility.
Design should include highly contrasting colors for maximum visibility.
POLICY RESOLUTION NO. 1 lC
(Supersedes Policy Resolution No. 11 B)
Attachment #3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ALOWING BANNERS OVER
PUBLIC RIGHT-OF-WAY
WHEREAS, the City Council has determined that street banners for special events,
activities, and programs are an integral part of community pride and identity, and are
appropriate for announcements of community activities, promotion of programs, economic
development, and beautification of the downtown and
WHEREAS, the City Council wishes to allow certain banners above public rights-of-way
at specific locations and
WHEREAS, the City will provide engineering expertise in determining appropriate types
of banner fabrications and securing devises for banner attachment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ukiah that
banners meeting the following criteria are allowed to be hung, flown, or otherwise located within
or above a public right-of-way;
1. Banners must provide direct and positive benefits to tourists and the residents of
the City of Ukiah. The banner shall be limited to the announcement of community or
educational oriented special events, activities and programs, and shall not contain or promote
any political, religious and/or business advertising messages.
2. Banners, upon approval of the City, may be located across State Street on City
poles located approximately one-half block south of Perkins Street, on the street light poles
located on State Street between Clay Street and Henry Street, and at such other locations as
may be approved by the City Manager and Public Works Department.
3. Minimum height above the travelway (curb to curb) of the public right-of-way shall
be 18 feet or at other heights to be approved by the Public Works Department.
4. Banner size, fabrication, and suspension shall be approved by the Public Works
Department.
,
Prior to placement of a banner within a public right-of-way, authorization must be
obtained from the Community Services Department.
6. The City may charge a fee for placement of any banner put up by City crews
and/or an independent contractor hired by the City.
7. The sponsor shall provide insurance coverage meeting City standards for events
within the public right-of-way and for the banner(s).
Passedandadoptedthe6thdayofSeptember2006, bythe ~llowingroll ~llvote:
AYES:
NOES:
ABSENT:
ATTEST:
Mark Ashiku, Mayor
Gail Latipow-Petersen, City Clerk