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Home My WebLink About2006-11-01 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 1, 2006 5:00 p.m. 5:00 p.m. Workshop: Pacific Forest and Watershed Lands Stewardship Council regarding conservation of the Potter Valley Watershed. presentation 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE ! PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation - Mendocino County Child Care Planning Council w PETITIONS AND COMMUNICATIONS None 1 APPROVAL OF MINUTES a. Regular Meeting Minutes of October 4, 2006 b. Regular Meeting Minutes of October 18, 2006 1 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. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency b. Award of Bid for Pad Mount Transformer in the Amount of $28,225.00 for and Funded by the Ukiah High School Modernization Project c. Adoption of Ordinance Amending Section 62 of the Ukiah City Code, Pertaining to Compensation of Mayor and City CouncilMembers Opticom GPS Traffic Preemption System from the 3M Corporation -Authorize the City Manager to Process a Budget Transfer and Purchase the System for a Price Not to Exceed $100,020 Authorize the Execution of Amendment No. 2 to the Winzler and Kelly Consultant Service Agreement Dated June 27, 2002 and the Expenditure of an Additional $26,474.00 from the Orchard Ave Bridge Fund for the Purpose of Incorporating Plan Changes Requested by the Permitting Resource Agencies do e. 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. w PUBLIC HEARINGS (6:15 PM) a. Public Hearing Regarding Notification of Award of Supplemental Law Enforcement Services Fund, Citizens Option for Public Safety (SLESF, COPS) Grant in the Amount of $100,000 FY 06/07 Spending Plan for use of Grant Funds 10. UNFINISHED BUSINESS a. Summary and Discussion of Airport Business Park Capital Improvement (Traffic Impact Fee) Program and Southern Road Access Issue b. Discussion and Direction Concerning Code Compliance Program c. Status Report on the Development of Observatory Park and Referral to the Parks, Recreation, and Golf Commission to Develop a Draft Use Plan for the Buildings on the Property 11. NEW BUSINESS a. Authorization of Sole Source Contract for Purchase of Mobile Computer Terminal Software from Visionair, Inc. in the Amount Not to Exceed $75,941.12. b. Utilities Department Status Update c. Report on Recent California Legislation Affecting Municipally Owned Electric Utilities d. Greenhouse Gas Reduction - Publicly Owned Electric Utilities' Principles Addressing Greenhouse Gas Reduction Goals And AB-32 Requirements e. ICLEI Program -Investigation of Ukiah Participation 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION 15. 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 27th day of October, 2006. Gail Petersen, City Clerk AGENDA ITEM NO: 3a MEETING DATE: November 1,2006 SUMMARY REPORT SUBJECT: PRESENTATION - MENDOCINO COUNTY CHILD CARE PLANNING COUNCIL SUMMARY: Mendocino County Child Care Planning Council Members Tami Cramer and Penny Walker will be presenting a report on the recently-completed Needs Assessment and 5-year Strategic Plan. They will also be sharing information regarding capacity-building issues in Mendocino County and some ideas of how the City Council may be able to help. RECOMMENDED ACTION: Receive report ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Prepared by: Coordinated with: Attachments: N/A Gail Petersen, City Clerk Candace Horsley, City Manager 1 - Child Care Needs Assessment and Strategic Plan 2005-2010 Approved: andace ors ey, City Mb,~nager Attachment # 1 Due to the volume of the Mendocino County Child Care Planning Council's Child Care IVeed~ A~se~ment and Strate§ic Plan 2005-20~0, copies are available by contacting Gail Petersen, City Clerk, 300 Seminary Avenue, Ukiah, CA 95482. 463-6213, ~ail_n@cityofukiah.com m m w Sm Sm m CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 4, 2006 6:00 p.m. Item No.: 5a The Ukiah City Council met at a Regular Meeting on October 6, 2006, the notice for which being legally noticed on September 29, 2006. Mayor Ashiku called the meeting to order at 6:04 pm. Roll was taken with the following Councilmembers present: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku. Staff present: City Manager Horsley, Tim Ericksen, Director of Public Works, City Attorney Rapport and City Clerk Petersen PLEDGE OF ALLEGIANCE lead by City Manaaer Horsley PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Recognizing the Month of October as the 25th Anniversary of the National Women's Political Caucus (NWPC) - Mendocino 6:06:$0 P]VI Councilmember Rodin read the Proclamation and expressed her appreciation of the National Women's Political Caucus' achievements. PETITIONS AND COMMUNICATIONS APPROVAL OF MINUTES6:]0:32 a. Regular Meeting Minutes of September 6, 2006 M/S McCowen/Baldwin to approve the Minutes of September 6, 2006 by an all AYE voice vote. 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.~: ] ] :4~. P]VJ M/S Crane/Rodin to approve the Consent Calendar. a. Rejection of Claim for Damages Received from Elizabeth K Strong and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Notification of Emergency Purchase from Polydyne Inc. of 9200 Pounds of Liquid Polymer at the Unit Price of $0.51 Per Pound for the Total Amount of $5,032.17 c. Notification of Award of Bid for the Purchase of Three Whelen Liberty Series Light Bars from Lehr Auto Electric in the Amount of $5,172.00 d. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency e. Rejection of Claim for Damages Received from Tim Abbott and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund f. Award of Bid to Arrow Fencing to Replace Fencing at the Water Treatment Plant that was Damaged January 1,2006 in an Amount Not To Exceed $10,500.00 Child Care Needs Assessment and Strategic Hen 200~-2010 WHO WE ARE ·.. M~SSZON... The Neadodno County Child Care Planning Coundl provides leadef~lp in identifying child care _nee~___, prioe~ ami rem~r~e~ The quality d~lld care for all families In the ~. The bm:il promom collaboration, ia'vices a~ · ¢m~eaer for I~11~/change ami local al:mdty-I~il~ing, ami ed·tern the c~mmunit~ ·be~t c~ikl care Imae~ I A "universal access: child cam system A high quality *seamless" system A blend of existing and new resources that will enhance quality and accessibility e ZIqTRO~~ Who We APe Mission, Vision, Define "Child Care" What We Found 2005 Needs Assessment ~ Focus Priority Areas and Resurcs How You Can Help ... V~$ZON... A 'universal access: child care system A high quality "seamless" system A blend of existing and new resources that will enhance quality and accessibility 'CHT. LD CARE" I::)EF]~ED ...TYPES OF PROVZDERS... License-Exempt Care - T~/. Licensed Family Child 13 - Le., small (8 ch#alton) o~ Imge (14 ch#alton) day cam Ix~a~es Licensed C~t~-~ed ~re ~5-e.g.. ~~~, ~ S~ ~ WHAT WE FOUND ...Z(X)5 NEED5 ASSESSMENT... Quality Child Care and Development Progn~ms Affordable Child Ca~e and Development Programs Accessible Child Care and Development Programs ...Affon:lable Child Cm'e and Development Programs... Many families don't qualify for subsidized programs Many families can't afford unsubsidized The working poor 'fall through the cracks' OU~ FOCUS · . . PRT, OR.L-TV AREAS. . . C~uality Child Care and Development Programs Affordable Child Care and Development Programs Accessible Child Care and Development Programs Policy Development, Advocacy and Partnership Development 2(X~ NEEDS ASSESSMENT ...Quality Child Care croci I:)evelopment Progm3ms... 10% turnover in child cam and development programs Increase in the use of environmental rating License-exempt providers not required to have health and safety training Need for bilingual/bicultural child care providers is increasing ZO0~ NEEDS ASSESSMENT ...Accessible Child Car~ and Development Phc'ams... Transportation continues to be a challenge in our rural county There am not enough spaces for infants and toddlers Sen/ices are limited for evening, night and weekend care After-school programs for kids 6-12 years of age am needed, particularly on the coast C~AL.TI'Y CH]Lb CARE ·.. RESULTS... Well-tr~ined0 stable child care provider work'force I~velopmentally ~r~e child care ~iro~t .Safe (md healthy child co~'e environment · Culturally competent care AFFORDABLE Cl.g:LD CARE ·.. RESULTS... Families can afford quality child core and development programs ACCESSZBLE CHZLb CARE Dl:.e-jJ JIT.~ Families with child care needs met POLI:CY DL:VELOPMENT. ADVOCACY AND PARTNERSH~ DEVELOPMENT ·.. RESULTS... Child care is valued by communities elm . . HOW YOU CAN HELP To reduce provider turnover and increase longevity, suppo~ Increased funding for quality programs, increases In provlder's iai&riel, and increased training and continuing education opportunRie~ for providers To Incmll~ ~ and the quality of child care envlronmlnt~, SUPl)Ol~ local inegm' grant resources for child car~ faclll~el improvement -,nd fo~ local funding resources to e~tabll~h · catlgon/fo~ child care facility improvements Suppo~ · tS-hour health and safety training requirement to Increase the number of license-exempt Support lnd Influenc~ existing community efforts and cofiabollte to provide trainlngl that address cultural competem:y and are offered with translaUon/interpmtation to Increase the number of bilingualfl~icultural providers HOW YOU CAN HELP To Increase sub.dies for child cam ~pace~, advocate for incrlllld flJfldJng wflh local, Itltl arid fldlfll child care Supp4xt Prop. 49 A~emchool Program explrmion by S~clal ~ Block Grant which helped fund st~t up Streamline the zofltng ~ for large Fandly Child permit/busineH license fees for fl~Hh HOW YOU CAN HELP Advocate for increased funding for Weft,re to Work participants toc child care Address community child care in the general plan to crlate let asides for child care facifltiel within new housing developments Encourage the Board of Supervisors to keep the licensing aspect - Community Cam Licensing - in Services rat~er than reverting back to I~e ~tate Suppo~ efforts to expand preschool to all children in Mendoclno County by endorsing · Universal Preschool Initiative SUMMARY Priority Areas I~sults Measures of Success Str~tecjies questions~ 8, g. Notification of the purChase and Installation of One Automatic Gate Controller from Arrow Fencing in the Amount of $7,950.00 h. Notification to Council of the Expenditure of $7,084.56 to LN Curtis & Son's for the Purchase of OSHA Required Firefighter Protective Clothing i. Notification of Award of Bid for the Purchase of Three Motorola Spectra EXTL5000 Radios from Motorola Inc., in the Amount of $8,572.59 j. Award of Bid for Purchase of a 2007 Single Bucket Lift Truck/Aerial Device fOr the City of Ukiah Electric Department to Altec Industries, Inc. in the Amount of $82,913.63 (plus 2.5% CMAS Surcharge) Motion carried by the following roll call vote: AYES: Councilmember Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None: ABSENT: None 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. No comment by the public. 6:12:58 PM 9, PUBLIC HEARINGS (6:15 PM) 6:13:59 PM a. Adoption of Findinqs and Final Action on Hull/Piffero Use Permit Application - continued from September 20, 2006 City Attorney Rapport reviewed the documentation submitted at the September 20, 2006 meeting regarding Government Code Section (GCS) 434.5, stating that this item had been continued for further analysis of the impact that GCS 434.5 has on the Councils' authority to limit the height of the flag pole on the Hull property, as the pole had been erected to display the American flag. He further stated that, in his opinion, GCS 434.5 does prohibit the City from restricting the height of a flag pole used to display the American flag, if the height restriction is imposed solely to promote aesthetic considerations. Responding to questions brought forward by the Councilmembers, Attorney Rapport stated that nothing in GCS 434.5 prevents the City from imposing reasonable restrictions as to the time, place and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety or order, however; the City may not impose any of these restrictions solely to promote aesthetic considerations. Public Comment Opened 6:30:38 PM Public speaking in opposition of approval of the permit Steve Scalmanini Public speaking in favor of approval of the permit Kevin Ore and Dave Hull Public Comment Closed 6:40:52 PM Discussion ensued with Councilmembers Rodin and Baldwin stating their opposition to the approval of the Use Permit. Councilmember Rodin stated that the request to approve the use permit must be denied in order to preserve public order. Referring to Government Code Section 434.5 "..nothing in this subdivision should be construed to prevent a city...from imposing reasonable restrictions as to the time, place and manner of placement or display of a Flag of the United States when necessary for the preservation of the public's health, safety or order..". The only way for the City to maintain order in its planning and development is by imposing reasonable limits on the height of structures. Councilmember Crane stated that based on current information provided by the City Attorney, he feels the applicants are within their rights. 10. 11. Councilmember Crane referred to the motion made on August 2, 2006, "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" and suggested it be amended to Ar~r~rove the Use Permit~ making the findinq "that the heiqht limitation in this particular situation is solely concerned with aesthetics and for this reason~ Government Code Section 434.5 requires approval. The amendment to the mOtion was accepted by Councilmember McCowen. MIS Crane/McCowen to approve the Use Permit, making the finding "that the height limitation is this particular situation is solely concerned with esthetics and for this reason, Government Code Section 434.5 requires approval". Motion carried by the following roll call vote: AYES: Crane, McCowen and Mayor Ashiku; NOES: Councilmember Rodin and Baldwin; ABSTAIN: None; ABSENT: None UNFINISHED BUSINESS a. Consider Changes to Ordinance Amending Ukiah City Code Sections 1521 and 1522, Regarding Procurement, Prior to Adoption at Next Meeting - continued from September 20, 2006 7:20:44 PM Recess from 7:21:20 PM to 7:30:16 PM With consensus of the Councilmembers to approve the changes to the Ordinance Amending Ukiah City Code 1521 and 1522 Regarding Procurement matter will be brought before the Council for adoption, as a Consent Calendar item, on October 18, 2006. NEW BUSINESS a. Award of Contract for CMU Block Wall - 182 E. Gobbi, 7:33:15 PM Tim Eriksen, Director of Public Works recommended Council's approval to award the bid received for this project, to Ferranti Construction Inc. in the amount of $37,361.00. Director Eriksen additionally stated that the Engineer's estimate for this project was $16,735. The difference in funding will come from the FEMA Storm claim account. M/S Crane/Baldwin to award the contract for CMU Block wall, 182 E. Gobbi, Specification No. 06- 13, to Ferranti Construction Inc. Motion carried by an all AYE voice vote. b. Award of Contract for Mendocino Drive Storm Drain Replacement, Specification No. 06- 12 Tim Eriksen, Director of Public Works stated four bids had been received and recommended Council's approval to award the bid to the lowest bidder, Paulson Excavating Inc., in the amount of $49,804.00. M/S McCowen/Crane to award the contract for Mendocino Drive Storm Drain Replacement, Specification No. 06-12, to Paulson Excavating. Motion carried by an all AYE voice vote. c. Discussion on Establishment of a Fire Equipment Sub-Committee City Manager Horsley requested two Councilmembers be selected to meet with the Interim Fire Chief and herself. The Fire Equpment Sub-Committee will be comprised of Councilmember Crane and Mayor Ashiku. Councilmember McCowen to act as an alternate for Mayor Ashiku. d. Authorize Mayor to Send Letter Supporting Adoption of Proposed Fair Political Practices Commission Regulation for Small Cities The consensus was to authorize Mayor Ashiku to send the letter supporting the adoption of the Proposed Fair Political Practices Commission Regulation for small cities. 12. 13. 14. 15. COUNCIL REPORTS Councilmember Crane reported having attended the annual Northern California Power Association's Annual Conference in Napa last week reviewing several topics that were discussed, including AB 2021. He also suggested consideration of linking the California Enegry web site to the City of Ukiah's web site. Councilmember Rodin stated that the Economic Development Agency has committed to fund a Feasibility Study on the proposed slaughter house. She advised that she is participating in a year- long Leadership Institute, which conflicts with her attendance at the Main Street Board meetings. Upon consensus of the Council, Councilmember McCowen to act as an alternate. Councilmember Baldwin discussed water issues including a recent meeting with the Army Corps of Engineers where it was unclear whether expansion of the spillway at Coyote Dam would be completely funded by the Corps. He additionally asked if the City has a storm preparation or response plan. City Mananager Horsley stated that City Directors and first line supervisors will be attending a training regarding preparation and response on October 10, 2006. CITY MANAGER/CITY CLERK REPORTS No report CLOSED SESSION None ADJOURNMENT as the Redevelopment Agency at 8:03 P.M. There being no further business, the meeting of the Ukiah City Council was adjourned at 8:10 PM Gail Petersen, City Clerk Item No.: 5b CITY OF UKIAH CITY COUNCIL Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 18, 2006 6:00 p.m. The Ukiah City Council met at a Regular Meeting on October 18, 2006, the notice for which being legally noticed on October 13, 2006. Vice Mayor Baldwin called the meeting to order at (~:04:3 ! Roll was taken with the following Councilmembers present: Crane, McCowen, Rodin, Baldwin. Absent: Mayor Ashiku, arriving at 6:09 PM.. Staff present: City Manager Horsley, Director of Planning and Building, Charley Stump, Director of Public Works, Tim Eriksen, City Attorney Rapport and City Clerk Petersen and Deputy City Clerk Brown 2. PLEDGE OF ALLEGIANCE Led by Councilmember Crane. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation by The Mendocino County Air Quality Management District Concernin~ Draft Woodstove Rule Chris Brown, of Mendocino County Air Quality Management District, submitted handouts to the Councilmembers, reflecting revisions to a draft regulation presented earlier this year. He stated that the previous proposed ban on new wood burning appliances on parcels less than two acres has been withdrawn as has a mandated replacement of wood burning appliances upon the sale of a residence. The proposed regulation prohibits new fireplaces; wood burning appliances in commercial or public buildings and wood burning aPpliances in new major subdivisions. Mr. Brown noted that the regulation prohibiting wood burning appliances in new major subdivisions may be adjusted to allow for subdivisions with larger parcels. Based on public comment, there is a ban on burning of waste in a woodstove and a ban on outdoor wood boilers. Burning materials such as garbage and treated or painted wood is also prohibited. Discussion ensued that identified items and recommendations that could be included within the regulations. A identified concern was the new requirement that the enforcement of the regulations is the responsibility of the Building and Planning Department. b. Introduction of Deputy City Clerk/Administrative Assistant, Linda Brown City Clerk Petersen introduced Deputy City Clerk, Linda Brown. 4. PETITIONS AND COMMUNICATIONS None 5, APPROVAL OF MINUTES a. Regular Meeting Minutes of September 20, 2006 M/S Baldwin/McCowen to approve the Minutes of September 20, 2006. Motion carried by an all AYE voice vote. b. Regular Meeting Minutes of October 4, 2006 - Councilmember Rodin requested that the Minutes be amended to reflect the reasons why she voted against approval of the use permit for the flag pole. Matter continued to November 1,2006 6, , al 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. Mayor Ashiku read the appeal. 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. IVES Rodin/Baldwin to approve the Consent Calendar a. Report of Disbursements for the Month of September 2006 b. Notification to Council of the Expenditure in the Amount of $5,123.51 to Pacific Survey Supply for the Purchase of One Trimble GEO XT GPS Device c. Adoption of Resolution Setting the Limitation on City Expenditures for Fiscal Years 2005-2006 and 2006-2007 d. Adoption of Resolution Approving the 2006 Mendocino County Regional Bikeway Plan e. Award of Bid for the Purchase of a Thermal Infrared Imaging System to FLIR Systems Inc. in the Amount of $21,516.13 f. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency g. Authorize the City Manager to Execute a Memorandum of Understanding with the Ukiah Senior Center; Award Bid to Carpet One in the Amount of $23,893.94 for the Installation of Flooring in Bartlett Hall; and Approve a Budget Amendment in the Amount of $23,893.94 Utilizing Per-Capita Grant Funding from the State Parks Department h. Adoption of Ordinance Amending Ukiah City Code Sections 1521 & 1522, Regarding Procurement i. Award Bid for High Voltage Line Clearing and Tree Trimming at Various Locations Within the City of Ukiah to Davey Tree Surgery in an Amount not to Exceed $50,000 j Adoption of Resolution Approving and Authorizing the Execution of Program Supplement No. 0C62 Rev. 000 to Administering Agency - State Agreement for State Funded Projects No. 000049 - 2002 STIP Construction of Orchard Avenue and Gobbi Street Traffic Signal k. Adoption of Resolution Approving and Authorizing the Execution of Program Supplement No. 0C58 Rev. 000 to Administering Agency - State Agreement for State Funded Projects No. 000049 - 2000 STIP Railroad Crossing Rehabilitation Project I. Adoption of Resolution Approving and Authorizing the Execution of Program Supplement No. 0C54 Rev. 000 to Administering Agency - State Agreement for State Funded Projects No. 000049 - 2002 STIP Railroad Crossing Rehabilitation Project m. Award Purchase of Liquid Polymer Alkylamine to Polydyne, Inc. at the Unit Price of $0.62 Per Pound for an Approximate Total Amount of $18,600 n. Authorization of Expenditure of $24,488 for Environmental Compliance and State Geotracker Services at the Ukiah Solid Waste Disposal Site Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None 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. John C. Grothe of the Employer's Council, read a letter dated October 18, 2006 from the Employer's Council, which requests the City of Ukiah to have an open and complete discussion on the City of Ukiah's amendment of Water Right Permit 12952 (Application 15704) and the expansion of the service area. City Manager Horsley responded that this matter is on tonight's agenda (Agenda Item 11 .c.) there will be discussion at the regular November 1, 2006 Council meeting that addresses the water permit, history, and other relevant issues. Mayor Ashiku moved to the public podium stating his viewpoint regarding councilmember endorsement of candidates and matters concerning the Campaign Reform. 9. PUBLIC HEARINGS (6:15 PM) None 10. UNFINISHED BUSINESS a. Discussion of City Commissions and Committees City Manager Horsley reported that three recommendations resulted from the review of the City Commissions, Boards and Committees: Possible recommendations are as follows: Combine the Demolition Permit Review Committee and the Design Review Board Eliminate the Redevelopment Agency Finance Review Committee Combine the Paths, Open Space and Creeks Commission with the Parks, Recreation, and Golf Commission She stated that, the Parks, Recreation and Golf and the Paths, Open Space and Creeks Commissions have stated they do not wish to combine at this time as they have distinct objectives and goals and feel the Commissions can best serve the needs of the community by remaining autonomous. Staff will follow through investigating the other two recommendations. City Council received the report. 11. NEW BUSINESS a. Introduction~ Discussion and Direction for the Opticom GPS Traffic Preemption System from the 3m Corporation Director of Public Works Eriksen and Terry Israel, Deputy Fire Marshal provided a brief report on the benefits of the Opticom GPS System, stating that the primary purpose of the system is to provide a legal and safer option for emergency vehicles to respond to the incident. This occurs through the process of sequencing of traffic lights. With the special pricing currently offered by 3M Corporation, a discounted cost of $66,000 provides for installation of the system for the first ten signals and on ten vehicles. Staff recommends approval of the purchase using funds from Measure "S" dollars. Discussion ensued regarding Councilmember Crane's recommendation to consider other emergency responders such as Ukiah Valley Fire District and Ukiah Ambulance participating in the program. City Manager Horsley was requested to contact Ukiah Valley Fire District and Ukiah Ambulance to find out if they are interested. Director Eriksen is to research if two intersections are affected by the emergency response, does the system have the ability to clear both simultaneously. Concensus to move forward on the purchase of the 3M Opticom GPS Priority Control System, utilizing Measure "S" funds. b, Status Report Concerninq Planninq and Buildin,q Department Activities 7:0(~:22 P]VI Mayor Ashiku advised that he has been contacted by members of the community who have experienced a delay for a plan check. He questioned if staff has a tracking mechanism that would alert staff when the deadline has expired. Charley Stump, Planning and Building Director responded that he had interviewed an additional structural engineering firm for plan checks, which will come to the Council for approval. Staff was directed to bring back information regarding policies, procedures, staffing levels, and the feasibility of tracking 'plan checks, permit status, etc. on the City's website, at a workshop to be held prior to the regular Council meeting on November 15, 2006. c. Recommendation to Extend the Review and Comment Period on the Notice of Preparation for the Water Riqhts Permit Amendment Environmental Impact Report 7:46:30 PM Charley Stump, Planning and Building Director reviewed the meetings and activities that have occurred over the past several weeks. Staff is recommending an extension of the review and comment period to give the public more time to review the issues. He stated that at the November. 1,2006 regular meeting, staff will discuss the water permit amendment. Requests by Councilmember Baldwin: 1. Recalls that the City applied to change its place of use to include Millview (and Calpella) and Willow based on a suggestion or demand by the State Water Resources Control Board. He wants a copy of the letter from SWRCB staff "requiring the boundary expansion." 2. Asked if applications have been made to the State Water Resources Control Board for emergency permits to supply water under the emergency intertie agreements and If so, he requested copies of each application. 3. Asked for a history of the emergency interchange of water among the City, Millview and Willow. (date, duration and circumstances of each time water has been supplied by one party to another party under the emergency intertie agreements). 4. Wants an explanation of the relationship between the EIR for the permit amendment to extend the term and the amendment to change the place of use. 5. He wants addressed, .the implications of the expansion of Millview and Calpella places of use. 6. He wants addressed the encroachment of water (by expansion of the places of use) onto lands designated for agricultural use. 7. Requests City Attorney Rapport to provide an opinion of the significance of a case, El Dorado Water District v. Save the Lakes, which he says struck down an EIR for a water district project, because it relied on a draft General Plan. 8. Questioned whether Wagner and Bonsignore has a conflict of interest, because of its representing other parties to the emergency intertie agreements or other water interests. Discussion ensued with Councilmembers McCowen and Crane identified items they wish to discuss at the next meeting regarding the expanded service boundaries for Millview and Calpella Municipal Water Districts, the implications of this expansion and how it may affect the City's permit, and discussion relative to encroaching with water on agriculture lands. 7:52:37 PM M/S Rodin/Crane to extend the Notice of Preparation comment period for members of the local public to November 6, 2006. Public Comment Opened: Speaking on the water permit amendment:: John Growth, Vice Chair Redwood Valley Water District- speaking as private citizen and Barbara Spazek, Russian River Water Control District 7:55:25 PM Public Comment Closed 7:57:04 PM Consensus was to meet at 4:30 pm 11/15/06 to discuss this matter. City Manager Horsley to confirm date, time and advise City Council candidates of the meeting. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None d. Discussion on Term Limits for City Councilmembers--Ashiku - Mayor Ashiku withdrew this agenda item. Recess: 8:02:07 PM to 8:14:22 PM 12. COUNCIL REPORTS Councilmember McCowen reported attending a presentation by the Mendocino Childcare Planning Council on the Childcare Needs Assessment and Strategic Plan, 2005 through 2010. He stated he had participated in the recent Walk & Roll event sponsored by the Mendocino County Office of Education which demonstrates the challenges disabled individuals face. Councilmember Rodin - 8:16:07 PM reported having received inquiries regarding the activities of the Stewardship Council, advising that the "Council" would like to make a presentation to the City Council, prior to the November 1, 2006 regular meeting. Upon consensus of the Council members, Councilmember Rodin is to invite the "Stewardship Council" to provide the presentation, with a completion time by 5:45 PM. Mayor Ashiku questioned the date of the next Annexation Committee meeting, stating it is important that the matter be brought before this Council who can forward the information to the incoming Council. City Manager Horsley to contact committee members and schedule a meeting as soon as possible and if possible, agenize the matter for the November 1, 2006 meeting. 13. CITY MANAGEPJCiTY CLERK REPORTS None 14. CLOSED SESSION None 15. ADJOURNMENT Adjourn to the Redevelopment Agency at 8:26 PM There being no further business, the meeting was adjourned at 9:13 PM. Gail Petersen, City Clerk AGENDA ITEM NO: 7a MEETING DATE: November 1, 2006 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. 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. A progress report from the Project Manager for Source California Energy Services, Inc. is detailed in Attachment 1. 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 OPTIONS: 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. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Approved: N/A City Council Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager; David Rapport, City Attorney; Jeff Gould, Interim Utility Director 1 - 10/20/06 Source California Hydro Project Status Report Candace Horsley, C~Manager Attachment 1 Date: October 20, 2006 To: City of Ukiah Below is a short summary of work that has been accomplished in the last two weeks. Safety and environmental compliance continues to be accident and incident free. 1) Work continues on the turbine wicket gates for both Unit 1 and 2. 2) The High Pressure Control Unit (HPCU) wicket gate operator for Unit 1 is ready for conducting a closing "squeeze" test. The HPCU for Unit 2 is currently undergoing a wicket gate operator oil flush. 3) A second new Uninterruptible Power Supply (UPS) is required to provide sufficient power for the new SCADA system since a load calculation was recently completed per the new design. 4) A rented diesel generator was installed in preparation for the electrical outage of the 12kV equipment. 5) The fencing contractor will be installing the new cyclone fence around the 12kY main transformer and switchgear during the week of the outage but won't start until Wednesday, October 25th. ' 6) The new DF&G Hatchery backup generator disconnect switch is being installed. 7) The DF&G Hatchery backup pump control panel is being modified for standby start automated control. 8) The 54" bypass valve has been fully stroked and is left in the full open position in anticipation of the start of the Tainter valve work. 9) The Allen-Bradley PLC component's purchase order has been issued to the distributor. 10) Purchase orders have been issued to the respective suppliers to obtain all of the instrumentation necessary to monitor the river flow. Paul B. Dirks Project Manager/Sr. Mechanical Engineer Source California Energy Services, Inc. AGENDA ITEM NO: 7b MEETING DATE: November 1,2006 SUMMARY REPORT SUBJECT: AWARD OF BID FOR PAD MOUNT TRANSFORMER IN THE AMOUNT OF $28,225.00 FOR AND FUNDED BY THE UKIAH HIGH SCHOOL MODERNIZATION PROJECT Ukiah High School's Modernization Project's (UHSMP) increased electrical loads will require a larger transformer. The City of Ukiah Electric Department will need to install a 1500 kVA 277/480 V three phase pad mount transformer. The Electric Department sent a Request for Quotation (RFQ) to four suppliers. Please see the table below for bid results: Supplier Hughes Hughes Hughes WESCO G.E. Supply General Pacific Manufacturer Cost (plus tax) Delivery (weeks) Cooper $34,417 34-36 Pauwels ERMCO unknown G.E. Prolec ERMCO $34,326 $28,854 $28,680 $28,225 $26,658 29-31 31-34 50-60 27 35-39 Since each transformer would equally suit the needs of the UHSMP and the school would be incurring the cost of the transformer, bid results were sent to the UHSMP architect for evaluation. Staff was informed that the UHSMP would require the shortest delivery time, and as a result, the UHSMP architect selected the G.E. Prolec transformer from G.E. Supply for $28,680.00 with a delivery time of 27 weeks. Staff requests City Council award the bid to G.E. Supply for the G.E. Prolec 1500 kVA 277/480 V three-phase transformer to be purchased with funds supplied by the UHSMP. RECOMMENDED ACTION: Award bid to G.E. Supply for the purchase of a GE Prolec 1500 kVA 227/480 V three phase pad mount transformer in the amount of $28,225.00 for and funded by the Ukiah High School Modernization Project. ALTERNATIVE COUNCIL OPTIONS: Reject all bids and direct staff to re-advertise and re- solicit bids. Citizens Advised: Requested by: Prepared by: Coordinated with: NA Liz Kirkley, Electrical Distribution Engineer Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager, Jeff Gould, Interim Public Utilities Director App roved~~-~~,~-~ Candace Horsley, Cit~ Manager AGENDA ITEM NO: 7c MEETING DATE: November 1, 2006 SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING SECTION 62 OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF MAYOR AND CITY COUNCILMEMBERS SUMMARY: At its September 20, 2006, meeting, the City Council approved a motion to introduce by title only and introduce an Ordinance amending Ukiah City Municipal Code Section 62, which increases the monthly salary from $471 to $490 for the Mayor and Councilmembers. This increase becomes effective when the Councilmembers elected in the November 7, 2006 election begin their new terms of office. RECOMMENDED ACTION: Adopt Ordinance Amending Section 62 of the Ukiah City Code pertaining to compensation of Mayor and City Councilmembers. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Gail Petersen, City Clerk Candace Horsley, City Manager 1 - Ordinance Amending Section 62 of Ukiah City Code Approved !~./~,.~/~ Candace Horsley, City nager ATTACHMENT 1 ORDINANCE NO. oRDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 62 OF THE UKIAH CITY CODE, PERTAINING TO COMPENSATION OF MAYOR AND CITY COUNCILMEMBERS The City Council of the City of Ukiah hereby ordains as follows. 1. Ukiah City Code Section 62 is amended to read as follows: {}62: SALARIES: The mayor and council members shall be paid four hundred ninety dollars ($490.00) per month. Any amounts authorized and paid on behalf of such officers for retirement, health and welfare, and federal social security benefits shall not be included for purposes of determining salary under this section. 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, but shall only apply to Councilmember salaries after a council member elected in the November 7, 2006, election begins his or her new term of office. 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 ORDINANCE NO. 1 AGENDA SUMMARY ITEM NO. 7d DATE: November 1,2006 REPORT SUBJECT: OPTICOM GPS TRAFFIC PREEMPTION SYSTEM FROM THE 3M CORPORATION - AUTHORIZE THE CITY MANAGER TO PROCESS A BUDGET TRANSFER AND PURCHASE THE SYSTEM FOR A PRICE NOT TO EXCEED $100,020 SUMMARY: On October 18, 2006 the City Council was presented with a discussion and a short video presentation regarding the Opticom GPS Traffic Preemption System (Opticom). The Council was supportive of the system. Specific questions were raised regarding certain capabilities of the system, other agencies use of the system and portions of the Scope of Work (SOW). Council directed staff to get answers to these questions and return to Council with a request to purchase the system. The Council was supportive of funding the system with measure "S" funds. BACKGROUND: Traffic Preemption Systems are commonly used in cities throughout the country to facilitate the rapid response of Emergency Vehicles. Through a process of sequencing of traffic lights, this system clears a pathway for Emergency Vehicles to maneuver through intersections referred to as "green lighting". In the process of green lighting certain pathways, drivers are given a legal and safe option to get out of the route of the Emergency Vehicle. This system, commonly called 'Opticom', is marketed exclusively through the 3M Corporation and includes ten vehicle transmitters and ten traffic signal systems. Special pricing on this ten unit system is available only through December 2006. The City has thirteen signals in place and has a fourteenth signal proposed in the summer of 2007. The extra four signals will not receive the cost savings that the first ten will receive as described in the SOW (Attachment #2). RECOMMENDED ACTION: Authorize the City Manager to process a budget transfer from Measure "S" funds for (1) purchase the 3M GPS Opticom system for an amount not to exceed $100,020 and (2) any minor signal upgrades that may be required. Also Direct staff to continue the coordination effort other agencies to determine their interest with the goal of completing the transaction by the end of December 2006. ALTERNATIVE COUNCIL OPTIONS: Direct staff to complete the coordination effort with the other agencies that are interested in this system and not proceed with the pricing incentive from the 3M Corporation. Citizens Advised: Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Candace Horsley, City Manager Attachments: 1. Statement of Work .~,~-- ., APPROVED: ~y, '~ City~~' anager SYSTEM CAPABILITIES: The question was raised by the Council regarding the systems ability to preempt more than one signal at the same instance. Staff contacted 3M and relayed this question. The response was that the system does have the ability to preempt multiple signals at the same time. This is part of the GPS functionality. The system will preempt all signals that are on the possible path of the Emergency Vehicle in order to clear any traffic prior to the arrival of the Emergency Vehicle. ASSISTING OTHER AGENCIES USE OF THE SYSTEM: The Fire Department (FD) Staff has contacted both the Ukiah Valley Fire District and the local ambulance service (Ukiah Ambulance) to discuss their interest in this system. Both agencies are interested in the system and are looking at financing options.. FD Staff also contacted the City Attorney to discuss any legal issues that would possibly arise based on these agencies depending on the City's system. The City Attorney added that these agencies and the City will need to prepare and execute an indemnity agreement. He also raised the issues that the agencies would be required to adopt Code 3 (lights and sirens) policies approved by the City. These requirements have been discussed with the Ukiah Valley Fire District. SCOPE OF SERVICES (SOW): Item number 8, "Change of Scope and Procedure" was brought to the attention of staff as a concern. Generally, the concern was that if the City purchased this equipment and then has to upgrade the signals to use it, funds may not be available to upgrade the signals. Staff has contacted 3M with this question. Though 3M did an inspection of our facilities they did not open each signal cabinet. This will be the only way to determine if the system will be completely compatible. The 3M representative is going to be meeting with staff at the end of October to assist in determining if any upgrades will be necessary. If there are upgrades necessary the 3M representatives feel that they will be minor. PRICING: The 3M Corporation has a purchasing program that is a reduction of more than half the regular price. This program is available through the end of the calendar year 2006 and provides for the first ten signals and vehicles installed with the system at a cost of $66,000. This cost will increase to $142,000 after the end of the year. The City, however, needs 14 intersections to be armed with this system so the total price of installation (both vehicles and signals), software installation and support will cost $100,020. Attached is the proposed Statement of Work (SOW) from the 3M Corporation. (Attachment 2) RECOMENDATION: Staff is requesting council approval of $100,020 to purchase the Opticom system, as well as approval of funds for any minor signal upgrades that may be required. Staff will continue to work with the other agencies to determine their interest with the goal of completing the transaction by the end of December 2006. ATTACHMENT__ / Statement of Work (SOW) for OpticomTM GPS System, Ukiah, California Contact Name Tim Erickson Customer Agency City of Ukiah Customer Phone Number Customer e-mail Address Date Requested October 11, 2006 3M SOW Number i CA-2006101106 NH P-01 3M Owner The city of Ukiah, California plans to install an Opticom GPS system as a means to ensure effective intersection signal Priority Control for safe and rapid Emergency Response. This project includes turnkey installation of the equipment into vehicles and intersections. The first ten intersection and vehicle units are included as part of a Quick Start promotion, with an option to include additional equipment. 3M, acting as Prime Contractor, will provide project management, the equipment, and install, set-up, and turn-on the equipment at the intersections, and in the vehicles. Intersections: Installation, set up and turn-on of 10 or more intersections, with validation testing and documentation. The intersection equipment will be cabinet mounted unless GPS reception is limited in that location. Intersection Documentation Package, including all manuals, maintenance schedule, warranty information, documentation of intersection equipment settings, user information, and contact information Vehicles: · Equipment installation of 10 emergency vehicles · Driver Training Kit · Vehicle Documentation Package, including all manuals, warranty information, user information, and contact information Page I of 7 10/11/2006 Statement of Work (SOW) for OpticomTM GPS System, Ukiah, California · Acceptance of this Statement of Work · Signing of Contract · Completion of intersection equipment installation, set-up and turn-on of equipment, validation testing by 3M · Completion of vehicle equipment installation, set-up and turn-on of equipment, validation testing by 3M · 3M acting as prime contractor will provide the equipment, installation, set-up, turn- on, and validation testing of all equipment in specified intersections and vehicles. · 3M will evaluate each site to determine GPS receptivity, and determine if cabinet mounted radios will get satisfactory reception, or whether pole mounting will be required. · 3M will ensure that the installed Opticom GPS systems will meets specifications. Standard system performance verification test procedures will be supplied to the customer. The specifics of this testing as applied to this project will be discussed and agreed to prior to the start of construction. · 3M is committed to providing a solution that meets the requirements of the Ukiah Traffic Engineering and Fire Departments. If the customer finds that the system does not meet our design specifications or the agreed upon testing, 3M will cover equipment repair or replacement per the standard OpticomTM GPS warranty in Appendix B, and labor for 90 days after the completion of validation testing and acceptance. Response and repair time for system failure or malfunction should be within 48 hours of initial report. · During Opticom equipment setup and turn on, 3M will coordinate with a representative of the City of Ukiah Signal Department so that programming of the traffic controller and the Opticom system occur concurrently. Ukiah Fire Department will define a contact person with authority to answer any questions and decide any issues relating to vehicle installation and operation preferences, and help address vehicle or system installation issues. Prior to the start of the project, s/he will review and agree to the verification test plan. At the conclusion of the installation, s/he will receive 3M's test results and sign off that the vehicle installations have been completed. · Ukiah Fire Department will provide a site for installation of the vehicle equipment, and a contact person who will organize the vehicle schedule Page 2 of 7 10/11/2006 Statement of Work (SOW) for OpticomTM CPS System, Ukiah, California · Ukiah Traffic Department will define a contact person with authority to answer any questions and decide any issues relating to intersection installation and operation preferences, and help address intersection or system installation issues. Prior to the start of the project, s/he will review and agree to the verification test plan. At the conclusion of the installation, s/he will receive 3M's test results and sign off that the intersection installations have been completed. · Ukiah Traffic Department will provide a contact person who will assist 3M in providing access to the specified intersection and signaling equipment and defining and arranging for traffic control assistance, and will take responsibility for any traffic control desired in excess of basic cone placement. · Ukiah Traffic Department will ensure that existing infrastructure is compatible for OpticomTM CPS equipment, for example, Traffic Control Cabinets and Controllers, and conduits, and will be responsible for programming the traffic controller (in conjunction with Opticom equipment setup and turn on, see note under 3M Responsibilities, above). 3M will arrange and coordinate a kick-off/preconstruction meeting in Ukiah where the project plan will be defined, targeted within one month of the acceptance of this Statement of Work. A schedule will be provided after that meeting. (Generally, installation of equipment can be done at a minimum rate of one vehicle or intersection per day.) This Statement of Work assumes the existing Ukiah infrastructure is adequate to support the 3M OpticomTM GPS equipment. Some examples of needs that have shown up in previous projects: modifications to existing conduits, traffic controller or cabinet upgrades. 3M will conduct a survey of the designated intersection sites prior to installation. Additional needs or potential problems may be defined during the site survey, or during the implementation of the project. Issues that come up and options for satisfying them will be submitted to key stakeholders in Ukiah as a change request. If the Customer desires changes in the scope or specifications, 3M will make every effort to accommodate those changes. This may require adjustment to the price or schedule. Completion of vehicle and intersection installations: 3M will perform a series of tests at the intersections and on the vehicles according to our standard protocols, and will supply the results of these validation tests to the Customer. Final acceptance will occur after 3M's testing are given to the customer. 3M is committed to satisfying the customer, and will proactively work with the customer to resolve any questions or issues that arise after the installation is complete. Page 3 of 7 10/11/2006 Statement of Work (SOW) for OpticomTM GPS System, Ukiah, California The 3M List Price for 15 intersections and 10 vehicles is $100,020 plus applicable local taxes (details in Appendix 1). Additional intersections and vehicles can be added at the rates listed below. Payment schedule options: OPTION 1' · The costs of the project to be paid in milestone payments, as follows: · The costs of the equipment ($70,220) to be paid in full when the equipment is shipped. · The costs of the intersection and vehicle installations ($29,800) to be paid in full when all intersection installations are complete, and agreed upon validation testing is signed off by Ukiah Traffic Engineering, and when all vehicle installations are complete, and agreed upon validation testing is signed off by Ukiah Fire Department. OPTION 2: The costs of the project to be paid as a 3-year Iow-interest lease purchase plan with three annual payments, with the first payment due when the vehicle and intersection installations are complete and agreed upon validation testing is signed off by the Ukiah Fire Department and the City of Ukiah. Details to be supplied upon request. Payment terms: net 30 days. Pricing good through December 31, 2006. Prime Contractor- 3M Project Manager Nancy Phillips Office: 651-733-5519 Cell: 3M Center, Building 235-3W-52, 651-331-1728 Email: St. Paul, MN 55144 NancyPhillips@mmm.com Advanced Traffic Alan Hollen Office: 503-853-5015 Products Email: Alan@AdvancedTraffic.com Technical Service Pat Cosgrove Office: 1-651-575-3130 3M Center, Building 235-3B-55 St. Paul, MN 55144 Page 4 of 7 I 0/11/2006 Statement of Work (SOW) for OpticomTM GPS System, Ukiah, California ..................... ~ .:...,....~ ......... ~ ................ ~ ....... × ............. ~ ,:.. ........... : ~,,..., ....... ; ,.~ ............ ~ ....... . .~.. ~,. % · .................... ~.~ -:-. .................. , ................... ~ .......... ~:,....,~ By signing this document, the Customer and 3M agree to the scope, pricing, and terms of this Service Request. Customer Approval of Service Request Date: Name: Title: 3M Approval of Service Request Date: Name: Title: Page 5 of 7 10/11/2006 Statement of Work (SOW) for OpticomTM GPS System, Ukiah, California Appendix A. Equipment and Services, Lists and Pricing Opticom" GPS New Customer Quick Start Package: OpticomTM GPS Intersection Matched Components Auxiliary Interface Panel Kit Card Rack w/Power Supply Kit OpticomTM GPS Installation Cable/50' OpticomTM GPS Preemption Vehicle Kit Mounting Hardware OpticomTM GPS Explorer Software Total, Quick Start Opticom GPS Equipment Units 1 10 10 10 10 10 10 1 Unit Price $66,000 Total Price $66,000 $46, 000, 0 3M OpticomTM GPS Intersection Turnkey InStallation Package 10 Opticomm~ GPS Vehicle Installation 10 Total, Quick Start Opticom GPS Turnkey Installation Services $20.000 O0 OpticomTM GPS Intersection Matched Components 4 Auxiliary Interface Panel Kit 4 Card Rack w/Power Supply Kit 4 OpticomTM GPS Installation Cable/50' 4 3M OpflcomTM GPS Intersection TUrnkey Installation package 4 $5,300 $300 $425 $30 $2,450 $21,200 $1,200 $1,7OO $120 $9,800 3M Opticom GPS VehiCle Turnkey InStallation Opticom GPS Vehicle Equipment Kit $590 $3,000 $o $o Opticom Intersection Installation/Maintenance Training Opticom Vehicle Installation/Maintenance Training Opticom Train-the-Trainer Driver Training $5,000 $5,000 $5,000 $0 $o $o EquiPment Subtotal Turnkey Services Subtotal Training Subtotal total: $70,220 $29,8O0 $0 $100,020.00 Pricing good through December 31, 2006. Page 6 of 7 i o/11/2006 Statement of Work (SOW) for OpticomTM GPS System, Ukiah, California Appendix B - 3M Opticom*"GPS Standard Warranty Opticom'''''' GPS Priority Control System Important NOtice to the Pt~rchaser THE FOI,IX)W[NG IS MADE IN J:tEt~ OF AI.,L WARRAN'HES OR CONDrrlONS, EXPRESS OR IMPI,.IF;D, 1NC[AJD1NG THE IMPLIED WARRAN'['Y OR CONDH'iON OF MERCHAN'I'ABILgi'Y OR FtTNESS }¥)R A PARTICULAR PURPOSE. THE REMEDIt&$ SET FORTH HEREIN ARE EXCLUSIVE. 3M will repair c~' 1'¢plac¢ :aC' OpticomTM GPS Priccity Cm~trol Sy~cm COmlXam~l found no~ to me~a 3M'$ specificatmns within two ~2) years ti:om the da~e or' flfipment l~rom 3M. 'D~i.~ wan'anty shall not apply to m~y system compo~enl which has been (l) repaired or m~xlified by i:,erso~ not authmized by 3M; (2) ~ubjeeted m incorrect imullation, misucve, neglect or accidem; or (3) h&,~ been damagext t~~ exlreme atmospheric or x~ealher-rela{ed comlilions. Sim:e fi'~: availabiiily of the GPS sitmal is oulsk:te of 3M's c::minfl and is reqnirext fi~r sy~em o~mlkm. 3M ia ~)i tiabk' lk)r OP~icom GPS sygem hilure due to tl~- unavailability of Ibc GPS signal for m~y reason~ 1N NO EVENT S[:LALL 3M BE LIABLE iN CONTRACT OR IN TORT FOR ~MN'Y ~JURY, LOSS, OR I);M%AGE, WItETllER NON-SPI.~C1FIED t)l. MiCq~. INDIRECt", INCtDi;~i~AL, SPECL:M~ OR (X)NSEQU[~N'I'bM.. ARISLNG OUT OF THE USE OR 1NA.BRATY TO USE THE OiH'ICOM Gt% SYSTEM OR ANY COMt~.)NEN'r THEREOF, REGARDLESS OF THE LEGAL TH~)RY ASSER'I'ED~ 3M h~ designed, developed ava:l te~ted each Opficom GPS priorfly control sy~em common.mi ~ parl. of a matched comment sy~em 3M mak~ ~ wm-r~W xvhamoever cor<eming the mli~>ility ~w safe~ of ~tic~m G[~ system com~mcn~ wh~a~ u~d wilh mm-Opticom GPS sy~m tw~xl~, 3M d~all not ~ rc~txm~blc core,merit which 3'M {-~k~mit~s h~s l~en (hmaged in w~)le o~' in parl by it~ u~ with a non-O~icom GPS system l~'t~luct. Sale and u~ of the Ora. icom GI~ priority control sy~em is expre..~sty r~trie~ed ~o auff~izcd age.les of govemmem customers, withh~ O~eir rc~cfive jurisdictka~. Hoa.'m:er. ~mau~z fl~c radio signal gct<ratrq ~, fl~e Opticom GPS s~'slem is ~ exclusive, 3M cmu~t ~,urc exclusive ~livation by ~rckka~r. Aa~hc~iz.ed uscm w~ &sirc to u~' or c~dina~c um of the (~om {';t~ system with tl~aI of other jnrL~ti~:io~ rnu~ fir~ obtain t:1~ prow writlen ~p~oval of eaci~ ault~rized user m ~ juri~icfion where use L~ ~ght. Trnlllc Safely $~,xten[s Dtvtstm~ 3M C'~e~. Building St. 'Paul. MN 55144.1.cXD 1-800.553-1380 www, 3M .ccillA:)ptic~ Page 7 of 7 10/11/2006 AGENDA SUMMARY REPORT ITEM NO. 7e DATE: NOV. 1,2006 SUBJECT: AUTHORIZE THE EXECUTION OF AMENDMENT NO. 2 TO THE WINZLER AND KELLY CONSULTANT SERVICE AGREEMENT DATED JUNE 27, 2002 AND THE EXPENDITURE OF AN ADDITIONAL $26,474.00 FROM THE ORCHARD AVE BRIDGE FUND FOR THE PURPOSE OF INCORPORATING PLAN CHANGES REQUESTED BY THE PERMITTING RESOURCE AGENCIES SUMMARY: Submitted for the City Council's consideration and action is staff's recommendation that the City Manager be authorized to execute Amendment No. 2 to the Winzler and Kelly Consultant Service Agreement Dated June 27, 2002 and that an additional expenditure of $26,474.00 from the Orchard Ave Bridge Fund, Account No. 290-9645-250, be approved for the purpose of making substantial plan changes to the final design plans of the Orchard Ave Bridge which were completed on August 13, 2002. It is proposed that compensation for post final design plan changes be made on a time and expense basis not to exceed the maximum compensation of $30,000. BACKGROUND: In accordance with the provisions of their Consultant Service Agreement for the preparation of contract documents for the Orchard Ave Bridge at Orr Creek, Winzler and Kelly completed the Design Service Phase prior to the deadline of August 13, 2002 at a time and expense cost of $81,387.50. The total maximum compensation for the Design Service Phase was established at $84,914 leaving a balance of $3,526.50 of unexpended funds authorized for the Design Service Phase. Permit applications to the Corps of Engineers for a Section 404 Permit, the North Coast Regional Water Control Board for a Section 401 Water Quality Certification, and the California Department of Fish and Game for a Section 1602 Permit, were submitted on January 10, 2005, February 18, 2005, and January 2, 2005, respectively. The US National Marine Fisheries Service became involved in the project as a result of the Corps of Engineer's required consultation on federally listed Central California Coast threatened steelhead. (Continued on page 2) RECOMMENDED ACTION: 1. Authorize the City Manager to execute Amendment No. 2 to the Winzler and Kelly Consultant Service Agreement Dated June 27, 2002. 2. Authorize the expenditure of an additional $26,474.00 from the Orchard Ave Bridge Fund. ALTERNATIVE COUNCIL POLICY OPTION: Abandon the Orchard Ave Bridge Project and its related street improvements and not authorize the execution of Amendment No.2 Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Rick Kennedy, Project Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. Amendment No 2 to Winzler & Kelly's Consultant Service Agreement Dated June 27, 2002 1 .A Attachment to Amendment No 2 - Winzler & Kelly's Project Fee Estimating Sheet Candace Horsley, anager Page 2 Nov. 1,2006 AUTHORIZE THE EXECUTION OF AMENDMENT NO. 2 TO THE WlNZLER AND KELLY CONSULTANT SERVICE AGREEMENT DATED JUNE 27, 2002 AND THE EXPENDITURE OF AN ADDITIONAL $26,474.00 FROM THE ORCHARD AVE BRIDGE FUND FOR THE PURPOSE OF INCORPORATING PLAN CHANGES REQUESTED BY THE NCRWCB AND CALIFORNIA DEPARTMENT OF FISH AND GAME Subsequent to the submittal of the above referenced applications, City staff met with representatives from the Corps of Engineers (COE - Peter Straub, Jan. 20, 2005), North Coast Regional Water Quality Control Board (NCRWCB - Andrew Jensen, June 30, 2005), California Department of Fish and Game (CDFG - Corinne Gray, May 26, 2005), and US National Marine Fisheries Service (USNMFS - Ben Monmonier, August 19, 2005). As a result of the field inspections by the agency representatives, several major revisions to the planned bridge and associated road and drainage improvements were requested and these changes were to be made to the plans prior to the agencies taking final action on the City's applications. The representatives from the NCRWQCB and USNMFS took exception to the proposed location of the outfall structure for the 48 inch diameter storm drain and wanted all roadway runoff to be directed into bio-swales for treatment prior to being discharged into the storm drain which discharged into the creek. It was requested that the storm drain outfall be located away from the existing bank of the creek to create a stilling basin. In addition, the NCRWQCB representative wanted the City to consider removing the maintenance access ramps for the purpose of reducing impervious surfaces which would drain into the creek. Representatives from the COE and CDFG advised that a three to one tree replacement program would be required and the representative from CDFG wanted the City to include plant replacement work along the creek bank adjacent to the project which would involve replacing non-native vegetation with native vegetation. All representatives indicated that the requested changes to the plans were to be made to the final plans prior to them making a recommendation to issue the corresponding permits. The representatives were informed that the requested changes would require cooperation from the adjacent property owners because easements would be needed to facilitate the requested outfall relocation and bio-drainage swales. The City received a confirming letter from the NCRWQCB dated August 4, 2005, outlining the requested changes to the plans with the additional stipulation that the City must provide documentation indicating the method by which the City would require new developments to provide post construction best management practices (BMP) in order to provide long term storm water treatment of road runoff for each new proposed development within the acreage adjacent to the project. On August 18 and October 28, 2005, City staff met with Dan Thomas and George Rau to discuss the requested change in the relocation of the drainage outfall and the incorporation of bio-swales for road runoff. Mr. Thomas consented to locating the drainage outfall to the west side of the bridge and outside of the planned road right of way and consented to placing bio-swales on his property under qualified conditions. On November 9, 2005, City staff met with representatives of the County Department of Transportation and Rural Communities Housing Development Corporation to discuss the relocation of the drainage outfall and the location of bio-swales. A consensus was reached whereby the outfall would be located on the west side of the bridge and the bio-swales would be located on the adjacent properties and be incorporated into the landscape design of the future developments. The property owners would maintain the bio-swales and the City and County would hold the property owners harmless for hazardous waste cleanup related to hazardous waste spills originating within the roadway and draining into the bio-swales. The City received written notice from the NCRWQCB dated December 19, 2005, that the City's application for a Section 401 Water Quality Certification was denied, without prejudice, because revised plans and requested documentation had not been submitted. The notice did indicate that if the City submitted the requested information within one year of the date of the denial, the City's application would be re-activated and appropriate action taken. The proposed Amendment No. 2 provides a completion date for the revised plans of December 8, 2006. City staff proposes to acquire the services of an Environmental Consultant for the preparation of a tree replacement and vegetation restoration plan. The fund balance of the Orchard Ave Bridge Fund, Account 290-9645, is $251,441. Attachment 1 CITY OF UKIAH AMENDMENT NO. 2 TO THE AGREEMENT FOR PROFESSIONAL SERVICES DATED JUNE 27, 2002 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Services between the City of Ukiah (the City) and Winzler and Kelly, Consulting Engineers (the Consultant), dated June 27, 2002 (the Agreement) shall remain in full force and effect except as modified by this and previously executed Amendments. AMENDMENT AUTHORIZATION The City may amend the Scope of Work of the Agreement pursuant to the provisions of paragraphs 5.05 and 8.02 of said Agreement. The Consultant shall perform any added work and/or not perform any deleted work upon the execution of this amendment. Added work shall be performed on a time and expense basis pursuant to the provisions of the Agreement. AMENDED AGREEMENT PROVISIONS Paragraph 1.01 of the Aqreement is modified by the addition of the following: The design services to be provided by the Consultant, shall be provided in three distinct phases: The Design Service Phase (Preliminary and Final), the Post Final Design Change Phase, and the Construction Management Service Phase. The Post Final Design Phase shall consist of making design changes to the final plans and special provisions consistent with the design changes requested by the North Coast Regional Water Quality Control Board and the Department of Fish and Game and other plan check comments made by the City. A conceptual plan depicting the requested changes has been submitted to the Consultant. The requested changes generally consist of relocating the 48 inch diameter storm drain outlet to the west side of the bridge and setting the outlet further from the creek bank, creating bio- swales for road drainage, and eliminating the east maintenance ramp. A tree replacement and vegetation re-planting plan will be performed by others. A complete scope of services and estimate of labor effort for the Post Final Design Phase is provided in Exhibit "A" attached hereto. Paragraph 3.03 of the Aqreement is modified by the addition of the following: The scope of services of the Post Final Design Change Phase shall be completed no later than December 8, 2006. Time is of the essence; the City's application to the North Coast Regional Water Quality Control Board for a Section 401 Water Quality Certification has been denied, without prejudice. If the revised Project Plans containing the changes as requested are submitted to the Board no later than December 19, 2006, the Board staff will re-activate the City's application and take appropriate action. Paragraph 4.01 of the Agreement is modified by the addition of the following: The Design Service Phase is completed and the compensation for the Design Phase shall not exceed $81,387.50 and this not to exceed monetary limit represents the final billing provided in the invoice dated August 3, 2002. Compensation for the Post Final Design Change Phase shall be made on a time and expense basis not to exceed a total maximum amount of $30,000.00. Paragraph 5.02 of the Aqreement is modified by the addition of the followinq: Total payment for the Design Service Phase shall not exceed $81,387.50 and total compensation for the Post Final Design Change Phase shall not exceed $30,000.00. Paragraph 7.01 of the Aqreement is modified by the addition of the followinq: The documents and reports to be provided under the Post Final Design Change Phase including all appropriate backup data as required by the Agreement and this Amendment No. 2 shall be and shall remain the property of the City. EFFECTIVE DATE OF THE AMENDMENT The effective date of the Amendment is the date the Amendment is executed by the City. AMENDMENT EXECUTION The City and the Consultant agree to the provisions of this Amendment by signing below: CITY OF UKIAH Candace Horsley, City Manager Date WINZLER AND KELLY~ CONSULTING ENGINEERS Marc Solomon, Region Manager Date END OF AMENDMENT ATTACHMENT AGENDA ITEM NO: 9a MEETING DATE: November 1,2006 SUMMARY REPORT SUBJECT: PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (SLESF, COPS) GRANT IN THE AMOUNT OF $100,000 FY 06~07; AUTHORIZATION OF 06~07 SPENDING PLAN FOR USE OF GRANT FUNDS Assembly Bill 3229, signed into law in 1996, established the Supplemental Law Enforcement Service Fund, Citizen's Option for Public Safety (SLESF, COPS) Program. This bill yearly appropriates monies for use in augmenting law enforcement agencies. Originally this bill contained a sunset clause, which was removed in 2001, prior to the last state budget crisis. Because of the state budget crisis, and the impacts to local and county government, this funding has remained in question in the state budget since that time. This money was originally granted to law enforcement agencies from the State of California's surplus funds. Other grant funding developed while the state experienced a large surplus (CLEEP, CLETEP) similar to these SLESF funds has already been cut from the state budget. Continued on pa,qe 2 RECOMMENDED ACTION: 1. Hold Public Hearing for the COPS Grant FY 2006/07; 2. Authorize departmental spending plan for FY 2006/2007 SLESF Grant. ALTERNATIVE COUNCIL OPTIONS: Provide staff with alternate direction. FUNDING: Amount Budgeted 100,000.00 Account Number 205.2001 .xxx.xxx Additional Funds Requested N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Chris Dewey, Police Captain Candace Horsley, City Manager / John Williams, Police Chief Approved: Ca~'~ace Horsle~,~C' Manager PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 06/07. In the past, council has authorized these funds for the purchase of records management software, computers, digital cameras, used detective vehicles, portable alcohol testing units, hostage crisis equipment, summer intern assistance, equipment for our evidence facility, evidence facility improvements, use-of-force training equipment, front officer records clerk assistance, dispatch personnel, and evidence property custodian personnel. During FY 06/07, the department will receive $100,000 dollars in SLESF grant funds. This money, as outlined in Government Code Section 30061 - 30065, must be used exclusively in the support of front line police services. As noted in the government code; 1. These moneys shall supplement existing services, and shall not supplant any existing funding for law enforcement services provided by that entity. 2. A public hearing is required. 3. A yearly report will be filed with the Supplemental Law Enforcement Oversight Committee. . Funds received shall be expended or encumbered no later than June 30 of the following fiscal year, and agencies that do not meet this requirement shall remit unspent SLESF moneys to the state. Departmental Spending Plan 2004/2005 Funding: For this funding, staff recommends three purpose areas. 1. Part-Time Evidence & Property Custodian 2. Part-Time Dispatch Assistance 3. Transcription Services 4. In Car- Mobile Computer Terminals Part-Time Evidence and Property Custodian Historically, the department has employed a part-time evidence and property custodian to manage the department evidence related functions. When the department moved from our old evidence facility to the new evidence facility a Police Sergeant was reassigned to oversee and manage the move into the new evidence facility. This reassignment was required to oversee an evidence room audit, and the department's bar coding and evidence management software system upgrade. Prior to his retirement, the Police Sergeant completed the transition to the new facility and in FY 05/06 the department hired a grant funded part-time evidence and property custodian to manage the department's evidence related functions. This current part-time grant funded position will work approximately 20 hours per week this fiscal year, managing the department's evidence functions. This position was discussed during the FY06/07 budget hearings and is currently included within the current FY06/07 City of Ukiah, Supplemental Law Enforcement Service Funding budget. PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 06/07. Part-Time Dispatch Assistance During the last fiscal year, the department experienced a long-term employee absence within the dispatch center. To assist with shift coverage, vacations and other employee shortages, the department began the use of part-time dispatch assistance. This assistance has been provided for by dispatchers from other agencies and our cadet program. This assistance has proven to be highly effective in helping to cover for training, vacation, and other shortages within the dispatch center. This current part-time grant funded position will work on a "limited as needed basis" this fiscal year, providing shift coverage within the dispatch center. This position was discussed during the FY06/07 budget hearings and is currently included within the current FY06/07 City of Ukiah, Supplemental Law Enforcement Service Funding budget. Transcription Services Funding for our transcription services had for a number of years been received from a Federal Block Grant program. Funding in this Federal program was discontinued in August of 2005. Since that time, funding for this service has been provided through this grant program. Our transcriptions services program is a highly successful and critical program for the department. This program has proven to be highly effective in reducing officer report preparation time, and increase officer availability. This position was discussed during the FY06/07 budget hearings and is currently included within the current FY06/07 City of Ukiah budget. In Car- Mobile Computer Terminals In August of 2004, department staff presented an overview of the department's staffing and workload levels to the City Council. One of the most significant issues of concern during this presentation was the steadily increasing number of calls from our community for police services. In 1990, the department responded to a call for police services an average of 34 times a day, in 2000 that number had increased to 56 times a day, in 2003 an average of 59 times a day, and by August of 2006 that number has increased to over 80 calls for police services per day, or an average of 13.3 investigations by each patrol officer per day. These calls for police services have reduced patrol officers ability to conduct proactive, self-initiated activity, and crime preventative measures. As would be expected, as our calls for service have increased, so have the number of criminal arrests the department has made. In 2000 the department made 1,747 misdemeanor and felony arrests, and by 2003 this number had increased to 2,232 arrests, an average of 6.1 arrests per day. In the first 8 months of 2006, the department has PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 06/07. reached 2003's total numbers; increasing this average to 9.1 arrests per day. In part, because of these increasing demands for police services on the department, Sales Tax Measure S was approved, and 5 additional officers have been authorized for the department. As the new officers are hired and trained, four new officers will be assigned to respond to these increasing calls for service, and one officer will be designated to specifically enforce traffic related issues. While these officers will significantly improve the department's ability to respond to calls for police assistance, their addition, and the increasing number of police service calls have placed a significant burden on our dispatch personnel. Our dispatch staff supports all police, fire and ambulance services within the City of Ukiah. A dispatcher answers an emergency designated telephone line over 178 times per day, and these numbers continues to increase. Adding our non-emergency telephone lines and radio traffic from police, fire and ambulance personnel, along with requests for dispatch assistance, coordinating responses, and performing numerous criminal warrant, DMV and DOJ computer inquiries; police, fire and ambulance workload has overburdened the dispatch staff. Since 1996, six dispatch personnel have been authorized within the department. These six dispatchers typically work a modified 40 hour work schedule, which allows the department to staff the dispatch center with a single dispatcher from midnight to 1 PM and two dispatchers from 1 PM until midnight. During vacations, sick and extended leave shortages, the department can only staff a single dispatcher on-duty, whose shift is modified to a 12-hour schedule to accommodate the staffing shortage. To reduce dispatch workload, staff has been researching the deployment of Mobile Computer Terminals (MCT's) for emergency response vehicles. It is estimated that MCT's in emergency response vehicles reduce radio communication demands between field units and dispatch by up to 50%. MCT's rely on a wireless computer network, which enables a user to send and receive dispatch calls, access a variety of computer databases, communicate with other emergency responders and provide immediate status updates to their departments via laptop computers, instead of passing this information through a dispatch center via radio communications. These functions reduce dispatcher workload, by allowing in-field users direct access to information needed, and free dispatch personnel to focus on collecting additional information from an emergency caller, or turning their attention towards other emergency calls being received by the dispatch center. Although MCT's were originally designed for use within the Public Safety arena, their use has also extended to other areas. These systems can be expanded to include dispatching and information requests for Public Works, Parks, Electric, Water, and Utility service calls. PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 06/07. Trouble tickets, requests for service, billing and response information can be generated or collected by responding field personnel, reducing support staff workload. Over the last 5 months, the Police Department and the City of Ukiah IT Department have worked closely together to develop an implementation plan for the deployment of MCT's. Staff has met with both vendors and consultants to develop a comprehensive plan which will support both the initial deployment of MCT's and allow for the future deployment of MCT's for other departments within the City. Before MCT's can be deployed, an upgrade to our server system and network is required to meet strict California Department of Justice standards. Once these upgrades are in place, the Police Department plans an initial deployment of 11 MCT units for in-field units, and allow other departments, Fire, Public Works, Electric, Utilities and Community Services to be added in the future. The first year cost of this project is estimated to be $175,500 dollars, which would be funded by the SLESF Grant and the department's asset forfeiture accounts. These costs include $75,941.12 dollars in software costs, $64.959.87 in vehicle hardware costs, $11,037.91 in State of California Department of Justice set-up costs, and $23,476.57 on- going yearly maintenance costs. The on-going costs reflect the use of cellular data networks and dedicated frame relay phone lines to the Department of Justice to support the initial deployment of MCT's in the field. Other common wireless technologies exist, that could significantly reduce these on-going costs in the future, but are significantly more expensive to initially deploy. The IT Department is currently continuing to research the future deployment of wireless systems to support the City of Ukiah. Initial funding for this project will be provided by the projected revenue and the current balance of the Supplemental Law Enforcement Service Fund, with the remainder being provided by department's asset forfeiture accounts. Additional funding of $23,476 would in FY07/08 need to be added to the department's overall police budget to continue the on-going costs of this project, which might include Measure S funding, or general fund dollars. Public Hearing The purpose of this report is to conduct a Public Hearing about the intended uses of the Supplemental Law Enforcement Services Fund Grant, discuss future budget impacts and funding sources, and authorize a departmental spending plan for the FY 2006/2007 Grant period. PUBLIC HEARING REGARDING NOTIFICATION OF AWARD OF SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND, CITIZENS OPTION FOR PUBLIC SAFETY (COPS) GRANT IN THE AMOUNT OF $100,000 FY 06/07. Ukiah Police Department Spendinq Plan FY 2006/2007 - Fund 205.2001 111 Salaries Non-regular .000 Evidence Clerk- 20 Hours Dispatch Assistance 29,037 141 - 156 Employee Benefits .000 Retirement, Workers Compensation, Group Insurance Unemployment Insurance, FICA 3,684 250 Contractual Services .000 Transcriber 25,000 291 General Governmental Service Charges 159 690 - 800 Mobile Computer Terminal Project $75,941.12 software $64.959.87 vehicle hardware $11,037.91 State of California Department of Justice $23,476.57 on-going yearly maintenance costs 175,500 DEPARTMENT TOTAL 233,380 Fund 205 Revenue Fund 205 Balance (July of FY 06/07) Fund 205 Revenue (Nov. 2006) Fund 205 Totals 109,551 100,000 2097551 Fund 205 Shortfall <23,829> Department Asset Forfeiture payment to MCT Project (200.2001.800.000) 23,829 -0- ITEM NO' !0a DATE: November 1, 2006 AGENDA SUMMARY REPORT SUB.1ECT: SUMMARY AND DISCUSSION OF AIRPORT BUSINESS PARK CAPITAL IMPROVEMENT (TRAFFIC IMPACT FEE) PROGRAM AND SOUTHERN ROAD ACCESS ISSUE SUMMARY: On September 20, 2006, the City Council discussed the traffic issues associated with the development of the Airport Business Park. At the conclusion of the discussion, the Council requested that Staff return with background and a summary of the adopted Capital Improvement (Traffic Impact Fee) Program. The Council also requested additional information regarding the southern access road issue. This Agenda item is intended to provide the Council with that information. The Public Works Department, with the assistance of former Public Works Director and current Public Works Project Manager Rick Kennedy, has prepared an historical summary of Airport Industrial Park (AIP) traffic impacts and the Capital Improvement Program (Attachment No. 1). He also provides additional information concerning the southern access road issue in this document. RECOMMENDED ACTION: Receive report and discuss the traffic issues associated with the development of the Airport Business Park. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: City Council Prepared by: Charley Stump, Director of Planning and Community Development and Rick Kennedy, Public Works Project Manager Coordinated with: Candace Horsley, City Manager, David Rapport, City Attorney, and Tim Eriksen, Public Works Director Attachments: 1. 1.A 2. Historical Summary of AIP Traffic and Capital Improvement Program Airport Industrial Park Map AIP Traffic Mitigation Comparison Table APPROVED:' ~~ Candace Horsley, City ager Attachment No. I HI'STORTCAL SUMMARY OF THE PRO3ECTED AI'RPORT I'NDUSTRI'AL PARK GENERATED TRAFFI'C I'MPACTS AND THE CAPI'TAL I'MPROVEMENT FEE AIP Capital Improvement Fee Establishment On IVlay 7, 1997, the Ukiah City Council adopted resolution No. 97-70 establishing capital improvement fees which are imposed on undeveloped parcels within the Airport ]:ndustrial Park upon their development in accordance with the Mitigation Fee Act. The Airport ]:ndustrial Park comprises all land bounded on the north by Talmage Road, on the west by the Northwestern Pacific Railroad and on the east and south by the US 101 Freeway. Three distinct project areas within the AIP containing developable land have been designated: the Redwood Business Park, the Airport Business Park, and the Norgard Vineyard. Attachment 1.A depicts the lands contained within the Airport Industrial Park. The capital improvement fees are imposed on development within the Airport ]:ndustrial Park for the purpose of financing the design and construction of street infrastructure improvements needed to mitigate traffic impacts to off-site intersections resulting from increased traffic generated by the new development within the AIP (project traffic impacts). Identification of AIP Generated Traffic Impacts The Revised Traffic Engineering Report contained in the :[995 Final Subsequent Environmental Impact Report for the Redwood Business Park and Airport Business Park, prepared by the Crane Transportation Group, identified thirteen (13) project traffic impacts resulting from the development within the AIP and recommended eleven (11_) mitigations based on the assumption that the A]:P would have three points of access at the project boundary. The assumed points of access were Airport Park Blvd at Talmage Road, Airport Road/Commerce Drive/Hastings Ave at South State Street, and Norgard Lane via the future extension of Airport Road. The trip distribution pattern used in the traffic engineering report assigned 63 percent of the project traffic to the Airport Park Blvd at Talmage Rd, 31 percent to the Commerce Dr/Hastings Ave and 6 percent to the Norgard Ln/Airport Rd access points. The first five identified project traffic impacts were unacceptable operating conditions at intersections and the remaining eight project traffic impacts were roadway impacts and safety concerns. The traffic impacts identified and the associated mitigations are listed in Attachment 2. With the adoption of the City's General Plan in December of 1995, the lower threshold for acceptable level of service (LOS) for intersections was set at level D from the former limit of LOS C. This change in the lower threshold for acceptable level of service nullified three of the five identified impacts related to unacceptable intersection operating conditions. Regarding the Norgard Lane/Airport Road southern AIP access, it was acknowledged in the Revised Traffic Engineering Report that there was no established route for the southward extension of Airport Road or widening and realignment of Norgard Lane and, if Airport Road was extended, the existing residential neighborhood would be adversely affected by additional traffic especially by the noise that would be generated by the heavy truck component of traffic. ]:t was also noted that the connection of Airport Road to Norgard Lane was not essential to the Redwood Business Park and Airport Business Park traffic access and circulation. ]:t was opined that if all traffic trips assigned to the Norgard access point were assigned to the South State Street/Hastings Ave access point, the Hastings/South State St intersection would operate acceptably if the road was widened and improved for heavy truck turning movements. ]:t was also opined that in spite of the impacts to the existing Norgard residential neighborhood a provision of a southern access point to the ATP would represent good planning practice for overall circulation into and out of the A]:P. At that time, it was estimated that the cost for road improvements alone could be as high as three million dollars. This did not include the cost of possible property acquisition, sound attenuation, and other associated costs. As documented in the Final Subsequent Environmental ]:mpact Report, the County of Mendocino Public Works Department opposed the connection of Airport Road to Norgard Lane, a county maintained road, and recommended that serious consideration should be given to annexation of Norgard Lane and the surrounding neighborhood by the City if the City pursued the southern extension of Airport Road. Given the opposition and the great expense involved in extending Airport Road and improving Norgard Lane including the required realignment of Norgard Lane at South State Street along with the expense of mitigating traffic noises for a small percentage of the anticipated traffic that would utilize the southern access, City staff recommended that the southern access be abandoned and that the Hastings/South State Street access be designated as the preferred truck route to the A]:P. However, City public safety staff took exception to the proposed abandonment of the southern access because public safety staff believed that the southern access would serve as an emergency evacuation route for the southern portion of the A:[P in the event of a catastrophe. A compromise was reached whereas an emergency exit route would be provided across the Airport property via the existing gate at the terminus of Airport Road. The Redwood Business Park Developer took exception to many of the proposed traffic mitigation measures and City staff recommended that an independent traffic report be prepared. The City retained the services of Whitlock and Weinberger (W-Trans) and an independent traffic report dated March 1996 was produced. The independent evaluation considered alternatives to the level of service methodologies, level of service thresholds, and traffic projections from the Airport/Redwood Business Park E]:R. The analysis focused on four study locations, South State Street/Talmage Rd, South State St/Hastings Ave, Talmage Road/Airport Park Blvd, and Talmage Rd/US 101 southbound ramps. Land uses identified for the A]:P were restaurant, office retail, industrial park, and retail. The 1996 Traffic Analysis Report estimated that the proposed mixed use development would generate an average of 2,209 pm peak hour vehicle trips consisting of 1,310 new/diverted trips external to the project area, 398 new trips internal to the project, and 501 pass by trips from traffic already existing on South State Street and Talmage Road. ]:t was estimated that the new generated traffic would reduce the level of service for the northbound through/right and the westbound approaches at South Street and Hastings Ave. from a level of service C and B, respectively, to a level of service F. At Airport Park Blvd and Talmage Road, the level of service for the left turn movements at the northbound and westbound approaches would be reduced from a level of service C to levels of E for the northbound and F for the westbound approaches. At the US 101 Southbound off ramp at Talmage, the level of service would be reduced from C to F for the right turn movement. As a result of a proposed mixed use development within the ATP in 1997, a new Traffic Engineering Report was commissioned to re-analyze projected traffic and associated impacts resulting from a mixed land use consisting of office retail, industrial park, auto dealership, auto parts/auto care, retail, fast food restaurant, and gas station/mini-mart. ]:n addition, an analysis of pass thru traffic was performed. The 1997 report estimated that the proposed mixed use development within the A]:P would generate an average of 2,395 pm peak hour vehicle trips consisting of 1,568 new/diverted trips external to the Al:P, 298 new internal trips and 529 pass by trips from traffic already existing on South State Street and Talmage Road. The estimated generated project traffic would reduce the level of service for the eastbound and westbound approaches at the South State Street and Hastings Ave intersection from levels B and C, respectively, to levels of F. At Airport Park Blvd. and Talmage Road, levels of service for the northbound and westbound left turn movements would be reduced from levels of service C to levels of service F. At the US 101 Southbound off ramp at Talmage Road, the level of service for the right turn movement would be reduced from level of service B to level D. The information presented in the 1997 Report and in the subsequent cost estimates for the construction of the proposed mitigations was utilized to establish the AIP Capital Improvement Fees that were adopted in 1997 under Resolution No. 97-70. 1999 Revision to the AIP Capital Improvement Fees On September 1, 1999, the Ukiah City Council adopted Resolution No. 2000-13 revising the AIP Capital Improvement Fees after receiving an Engineering Report describing changed circumstances and engineering assumptions. A new traffic analysis report had been prepared by Whitlock and Weinberger entitled "Airport Industrial Park Rezoning Traffic Analysis", dated June 1999, which presented an analysis of the potential traffic impacts as a result of proposed zoning changes for parcels located west and south of the AIP to a mixed use designation that would allow a mix of compatible retail commercial, professional office and industrial land uses. The 1999 Traffic Analysis Report presented a worse case scenario where a total of 31.78 acres south of Commerce Drive would develop as retail commercial with a 40 percent building coverage creating approximately 553,735 square feet of retail floor area. An area of 15.51 acres of land previously zoned for industrial uses had been rezoned to automotive commercial uses with 11.44 acres for auto dealership and 4.07 acres for automotive parts/auto care uses. It was estimated that the proposed mixed use development including the proposed rezone would generate an average of 2,696 pm peak hour vehicle trips consisting of 1,980 new/diverted trips external to the project boundary, 466 new internal trips and 716 pass-by trips from traffic already existing on South State Street and Talmage Road. At the time the 1999 Traffic Analysis Report was prepared, several post Wal-Mart developments within the AIP were completed consisting of the Friedman Brothers Improvement Center, Shell Service Station and Mini-Mart, .lack in the Box, Food for Less, Staples, La-Z-Boy Furniture Gallery, and the Mendocino Brewery and Bottling Plant. Existing pm peak traffic created by the AIP development in place at the time of the 1999 Report was measured at 1030 vehicles. By combining the existing vehicle count with the estimated new project pm peak traffic to be generated by future development within the AIP, it was estimated that 3,727 vehicle trips would result from a completely developed AIP. The study intersections included the South State Street at Hastings Ave./Washington St, Airport Park Blvd at Talmage Road, the US 101 southbound off-ramp at Talmage, and the US 101 northbound off-ramp at Talmage. Subsequent to the establishment of the capital improvement fees, the City modified the traffic signal at Talmage and Airport Park Blvd. and re-striped the northbound approach to create two left turn lanes and an exclusive right turn lane by eliminating the former northbound traffic movement. This improvement reduced the impact to the left and right turn movements created, by the AIP development and it was proposed that the City's financial effort in the signal modification be reimbursed by the AIP Capital Improvement Fund. The saturation flow rate for the westbound approach on Hastings Ave at South State Street, the 32 percent markup for engineering administration and project inspection, and the 20 percent markup for contingencies were modified as a result of a challenge from the Redwood Business Park Developer. In the interest of compromise and the intent of resolving a legal dispute, the saturation flow rate was increased creating a substantial change to the previous planned improvement for the Hastings westbound approach, thereby, substantially reducing the estimated cost to construct the mitigation improvement. The markups for engineering/project inspection and for contingency were reduced to 15 and 10 percent, respectively. As a result of Caltran's position that minimum lane widths be 11 feet and adequate shoulder width be provided for bicycle traffic, the cost to construct the planned exclusive right turn lane for the US 101 southbound off-ramp movement increased because of the need to expand the proposed widening of the north side of Talmage Road between the off-ramp and Airport Park Blvd. Subsequent to the establishment of the capital improvement fees, a more detailed development analysis of the southern portion of the Airport Business Park was performed for the purpose of identifying developable acreage. As a result of the analysis, wetlands were identified and delineated and the boundaries established with the approval of the Corps of Engineers. As a result, a smaller portion of the southern parcel available for development than what was previously assumed was identified. The reduced developable acreage affected the capital improvement distribution. The A~[P Capital ]:mprovement Fees were originally established with the assumption that the mitigation improvements would be constructed in the year 2002, five (5) years from the establishment of the fees. As a result of the slower pace of development within the ]:ndustrial Park, a new projection for the completion of the mitigation improvements was set to 2004. This affected the future value of the estimated cost to construct the planned mitigation improvements. The net result of the above described changed circumstances and engineering assumptions reduced the estimated total cost to construct the planned mitigation improvements at the three impacted off-site intersections necessitating an appropriate reduction in the capital improvement fees. As a result of the revision, reimbursements from the AIP Capital ]:mprovement Fund were made to five developers who had completed development projects within the A]:P and had paid the fees that were in effect prior to the 1999 fee revision. The recommended mitigation improvements described in the 1999 Traffic Analysis Report are the adopted mitigation improvements to be financed by the A]:P Capital ]:mprovement Fees. The planned mitigation improvements for the Hastings Ave./Washington St. and South State Street intersection include land acquisitions on the north and south side of the westbound approach to accommodate a new exclusive left turn lane and an existing through/right turn lane and the construction of larger curb returns to accommodate turning truck traffic, the re-striping of the eastbound approach to accommodate an exclusive left turn lane on Washington St., and extending the two northbound through lanes on South State Street north of Hastings Ave/Washington Street. The planned mitigation improvements for the Talmage/Airport Park Blvd. intersection include the widening of the north side of Talmage Road to accommodate a second left turn lane for westbound traffic and the planned mitigation improvement for the US 101 off-ramp at Talmage Road involves the widening of the north side of Talmage to accommodate the construction of an exclusive lane for right turning vehicles. Adoption of Ordinance No. 1051 On .lanuary 7, 2004, the Ukiah City Council adopted Ordinance No. 1051 amending the Airport ]:ndustrial Park Planned Development for the purpose of revising the regulations for and re- designating the ]:ndustrial/Nixed Use land use designation to Light Manufacturing/Mixed Use. The land use re-designation permits land uses including commercial, professional office, light manufacturing, and limited Iow density residential within an approximately 32 acre portion of the A]:P generally located south of Commerce Drive and west of Airport Park Blvd. As identified in a traffic analysis report prepared by Whitlock and Weinberger Transportation, ]:nc. entitled "Airport ]:ndustrial Park Rezoning Traffic Analysis" dated September 2002, (2002 Traffic Report) a traffic impact to the on-site intersection of Commerce Drive and Airport Park Blvd. was identified as a result of the land uses permitted within the area rezoned as Light lVlanufacturing/IVlixed Use. A recommendation for the installation of either a traffic signal or a traffic roundabout under a condition where the rezoned area develops completely as commercial is presented in the traffic analysis report. Capital ]:mprovement Fee Account Fifth Fiscal Year Report On October 6, 2004, a report entitled "Airport ]:ndustrial Park Capital ]:mprovement Fee Account Fifth Fiscal Year Report" was presented to the City Council after a review period of not less than 15 days was provided to the public in accordance with the IVlitigation Fee Act. Presented in the Fifth Fiscal Year Report, were revised cost estimates for the planned mitigation improvements and an estimate that the planned improvements may need to be constructed in 2006 even though it was estimated that complete development within the A]:P would take approximately :~0 years based on an observed average development rate of 5.3 acres per year. The 2002 Traffic Analysis Report presented traffic data showing that the LOS for the westbound approaches for both Hastings Ave and Talmage Road at Airport Park Blvd. had reached or were approaching the lowest acceptable LOS of D at only 53 percent of build out within the A]:P. Any potential deficit in the amount of revenue collected through the imposition of capital improvement fees would likely be funded through STP d(:~), gas tax, EDA grants, and/or the City general fund. To prevent an under funded situation, it was recommended that the A]:P Capital ]:mprovement Fees be revised once again to reflect a traffic light or roundabout at Commerce Drive. A current developer has agreed to construct this improvement if they proceed with the project. ATTACHIqENT 1.A "FI ITl rTl CITY OF UKIAH AIRPORT INDUSTRIAL PARK MITIGATION COMPARISON TABLE Attachment No. 2 Offsite Mitigation Description 1. Widen South State St. northbound approach to Talmage Rd for dedicated right turn lane 2. Provide two westbound left turn lanes on Talmage at Airport Park Blvd. Will require modifications to Talmage Rd at US 101 southbound on ramp 3. Re-stripe northbound approach on Airport Park Blvd at Talmage to provide three lanes; one dedicated left, one through, and one right 4. Signalize Talmage Rd and US 101 southbound off ramp and widen southbound ramp to two lanes. Construct second westbound lane at the ramp intersection and extending through to Airport park Blvd 5. Signalize Talmage Rd and US 101 northbound off ramp Recommended Mitigations RBP/ABP FSEIR and Estimated Cost (Adj. to 2004 Dollars) YES $44,163 YES $23,870 (allowance) YES $597 YES $310,835 Mitigation Program Adopted by Resolution 97-70 and Estimated Cost (Adj. to 2004 Dollars) NO YES $71,500 Modified to widen the north side of Talmage at US 101 southbound off ramps YES Mitigation Program Adopted by Resolution 2000-13 and Estimated Cost (2004 Dollars) NO YES $225,O4O Modified to widen Talamge Rd from $35,560 Modified to require three lanes; one left, one combined left/through, one exclusive right. Split traffic phasing at Airport Park BIvd for the northbound and the southbound approaches Airport Park Blvd to the US 101 southbound off ramp NO YES Completed by City. Cost apportioned to AlP Development YES $236,33O Includes minor realignment of northbound US 101 off ramp Item No. 2 above replaced this mitigation NO NO Item No. 2 above NO replaced this mitigation Offsite Mitigation Description 6. Provide second through lane for northbound approach on South State Street at Hastings Ave 7. Provide exclusive right turn lane on westbound Hastings Ave approach to South State Street. Requires widening on the north side of Hastings Ave and acquisition of property. 8. Construct flashing warning lights on Talmage Rd over crossinq of US 101 9.a. Construct left turn and right turn deceleration lanes on South State Street approaches to Norgard 9.b. Provide left turn and right turn lanes for westbound Norgard at South State Street 9.c. Construct new vertical alignment for Norgard Lane approach to South State Street. Provide acceptable access to Adjacent properties 9.d. Provide traffic signal at South State St and Norgard Lane to facilitate slow moving outbound trucks from Norgard Lane onto South State Street Recommended Mitigations RBP/ABP FSEIR and Estimated Cost (Adj. to 2004 Dollars) YES $1,314 YES $537,115 YES $23,87O YES $314,385 YES $3O ,4O6 YES $29,362 YES $226,781 Mitigation Program Adopted by Resolution 97-70 and Estimated Cost (Adj. to 2004 Dollars) . YES $1,314 YES Modified to provide three lanes for westbound Hastings Av; one left turn lane, one through lane, and one exclusive right turn. Taper southeast curb return to accommodate turning trucks. Re-stripe eastbound approach at Washington to provide exclusive left turn lane $584,917 NO Speed limit reduced to 35 mph NO NO NO NO Mitigation Program Adopted by Resolution 2000-13 and Estimated Cost (2004 Dollars) YES Cost included in Item No. 7 below YES Modified to provide two lanes for westbound Hastings Ave; one left turn lane and one combination through/right lane. Scope of land acquisition reduced. Widen returns for truck traffic and re-stripe eastbound Washington for exclusive left turn lane $307,610 NO NO NO NO NO Offsite Mitigation Description 9.e. Extension of Airport Rd and the redesign of Norgard Lane to two lanes and sufficient width to accommodate heavy truck turning movements. Alignment should be such that it is least disruptive to existing residents Recommended Mitigations RBP/ABP FSEIR and Estimated Cost (Adj. to 2004 Dollars) Mitigation Program Adopted by Resolution 97-70 and Estimated Cost (Adj. to 2004 Dollars) YES $602,354 NO Mitigation Program Adopted by Resolution 2000-13 and Estimated Cost (2004 Dollars) NO TOTAL COST $2,381,382 $693,291 $532,649 The estimated costs for the 2000-13 Mitigation Program are as reported in the 5th Fiscal Year Report. The cost estimates for the mitigations contained in the FSEIR and Resolution 97-70 Mitigation Program have been adjust to 2004 costs in accordance with the CPI-All Urban Consumers Index US City Average AGENDA SUMMARY DATE: ITEM NO: ~ob November 1, 2006 REPORT SUB3ECT: DISCUSSION AND DIRECTION CONCERNING CODE COMPLIANCE PROGRAM SUMMARY: Councilmember Crane has requested a discussion of the City's Code Compliance function and has submitted a letter to guide the discussion (Attachment No. 1). To supplement the discussion, Staff is providing the following information concerning how the City has performed code enforcement in the past and how we function today. Additionally, Staff has attached an updated Sign Violation Status Log and a data base of all the active code compliance cases. Code Enforcement in the Past: Through the 1980's and early 1990's enforcement of the Ukiah City Code was performed by Staff from whatever Department was related to the statute being violated. For example, Planning Staff handled zoning violations, Building Staff investigated Building Code violations, Public Works Staff handled violations related to streets, etc. In 1992-1993 hired a "Community Services Officer" for a Code Enforcement Program. The initial priority for this program was to follow-up on conditions of approval for Use Permits, Site Development Permits, and Variances. (continued on page 2) RECOMMENDED ACTION: Discuss the City's code compliance program and provide direction to Staff. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Councilmember Crane Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager, David Rapport, City Attorney, and Chris White, Code Compliance Coordinator Attachments: 1. Correspondence submitted by Councilmember Crane 2. Sign Violation Log, October 2006 3. Code Compliance Case Log, October 2006 Can~l~--~e Horsley, City Malager In 1994-1995, the Code Enforcement Program handled cases related to condition of approval follow-up, junked vehicles, and health & safety related violations. The program primarily functioned in response to concerns raised by the public, although the City was proactive with a campaign to abate junked vehicles. The Council did not want a heavy-handed police type enforcement program. In 1997-1998, the City Council consolidated the Building Inspector, Plans Examiner, and Code Enforcement Officer positions into one position, thereby deleting one full-time position from the budget. This was accomplished because it was a very challenging budget year, and thus resulting in a reduction in the code compliance program priority. The Council was aware and discussed this Staff reduction impact. The program continued to function primarily in response to concerns raised by the public. In 1998-2002, code compliance continued to be primarily handled by the Building Inspector/Plans Examiner, but the Planning Staff assisted with Zoning Code violation cases and enforcement of planning permit conditions of approval. The program continued to function primarily in response to concerns raised by the public. In 2002-2003, the City Council budgeted for a part-time Code Compliance Coordinator. The position was filled, and in IVlay of 2003, the Council received a Status Report of the Code Compliance Program. It was reported that the Code Compliance Coordinator was working on unauthorized banners and signs, basketball hoops in the right-of-way, junk and debris, inoperable vehicles, overgrown vegetation, trash and debris, and a number of other cases. The majority of cases were the result of contact from the concerned public, but the Code Compliance Coordinator also acted on some violations he observed in the field. The banner/sign and basketball hoop enforcement programs evolved into a proactive effort that involved identifying violations, providing information, and working face-to-face with property owners to correct the violations. The goal was to provide "all inclusive, rather than selective'" enforcement, and to educate citizens about the regulations. Follow-up of planning permit conditions of approval was performed by the planning staff. In 2003-2005, the Code Compliance Coordinator continued as a part-time position responding to concerns raised by the public with the highest priority placed on health and safety cases such as junk, trash, debris, raw sewage flows, and rat infestations. Any violations observed in the field while performing inspections were also investigated. Follow-up of planning permit conditions of approval were performed by the planning staff. In 2005-2006, the City Council budgeted for a full-time Code Compliance Coordinator position, and the position was filled in early 2006. The new hire was provided a Code Compliance Handbook, prepared by the Director of the Department which included the following: City/County Staff contacts, steps and procedures for investigating a potential violation, zoning violation inspection form, sample 14-day and 5-day letters, sample marijuana cultivation violation letters, sample City Attorney referral Memorandum, and other resources. Staff from both the Planning and Building Divisions participated in the initial training of the full-time Code Compliance Coordinator. Code Compliance Today: Code compliance today is primarily handled by the Code Compliance Coordinator with assistance from other Departments. He primarily responds to concerns raised by the public, but also, at the direction of the City Council, has been prioritized sign code enforcement. While he responds to every concern raised by the public, he places priority on health and safety violations such as marijuana cultivation, trash, junk and debris, sanitation, and other similar cases. The basic goals of the program are to maintain the quality of residential and commercial neighborhoods, eliminate nuisances, and protect the environment. The code enforcement program is not intended to be selective or discriminatory against any one individual, group, area, or business. Alleged code violations are investigated by City staff as they are reported by the public or discovered by Staff and steps are taken to educate the public and seek voluntary compliance prior to initiating abatement procedures. Attachment Over the years the. City of Ukiah has enacted many ordinances in the interest of public safety and quality of life. The ordinances cover a broad spectrum of categories, including: signage, nuisances, building and landscaping construction and maintenance, and, use and care of the public way. In recent years there have ~een discussions about the need for additional ordinances, generally without'meaningful consideration of enforcement of the existing or new ordinances. In recent years. enforcement seems to have been on a complaints made or selective basis. At the direction of the City Council, Staff has been reporting monthly on their sign ordinance enforcement efforts to determine what is required to gain and maintain compliance'with the existing rules. Director Stump has said the reason for little sign enforcement activity is the heavy work load of the code enforcement staff. At this time it seems appropriate for the Council and Staff to discuss the current and proposed scope of enforcement efforts relating to the full spectrum of ordinances that are, or'perhaps should be, actively enforced. What are the priorities? Who schedules the capacity? How is the enforcement effort tracked? Are there any written goals or schedules for the enforcement efforts? What are the measures of "success"? What is our carrying capacity of ordinances that are enforceable? Do we have ordinances that should be eliminated?. What are the definitions of terms such as: active., capacity, enforcement, goals, priorities, schedules, and, success? Discussion and direction to Staff. ATTACHM EN'I'~ ~ 0 .4--, ,4--' (-- ,4,--' 0 u3 .~ .-- c ~ ~ 0 0 ~ 0 a · - ~ '- ~ c ~ ~ ~ ~ c ~ ~ ~ $ ~ E ~ -- -- _ c 0 ~ 0 ~ '~ ~ ~ ~ ~ '-- ~ ~ ~ E ~ ~= ~ ° ~ °-- E : '- ~ m E ~ ~ '- · ~ ~ c m o ~ -- ~ ~ ~ -- - c : c : c ~ ~ ~ c ~ ~ c ~ .- E E~ = o = ~ o~ o~ ~=~ ~ ~ ~ ~ o = = ~ ~ ~ &~- - ._ ~ - = o ~ ~ m m 0 ~ ~ ~ m ~ ~ o m m ~ o 0 '~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 3 ~ 3 g g g g ~ g ~ g o o o o o o o o o o o 0 0 0 AI-I'ACHMENT. ~'~ AGENDA SUMMARY ITEM NO. 10c DATE: November 1,2006 REPORT SUBJECT: STATUS REPORT ON THE DEVELOPMENT OF OBSERVATORY PARK AND REFERRAL THE PARKS, RECREATION, AND GOLF COMMISSION TO DEVELOP A DRAFT USE PLAN FOR THE BUILDINGS ON THE PROPERTY Backaround The Observatory property is approximately three acres with frontages facing Luce Street and Observatory Ave. The property is both hiStoric and special in that only five such International Latitude Observatory sites exist around the world. The other four sites are located in Maryland, Italy, Japan, and Russia. Ukiah's original Observatory was built on this site in 1899 with the current buildings constructed in 1948. The historical residence and three small outbuildings, comprising approximately one acre, are concentrated on the south side of the property facing Observatory Ave. The remaining property extends north to Luce St. and is marked by a large specimen Oak tree with substantial open space extending back to the structures. The Department of Interior granted the property to the City of Ukiah for the purpose of developing a public park yet maintains sight easements on the northern portion of the property. The property's extensive size has provided an excellent opportunity to create an expansive green space in a developed residential area that is surrounded by single family dwellings and a number of high density apartment complexes. A site map has been included as Attachment #1 and the landscape plan as Attachment #2. Continued on Page 2 RECOMMENDED ACTION: Receive status report on the development of Observatory Park and refer the item to the Parks, Recreation, and Golf Commission to develop a draft use plan for the buildings on the property. ALTERNATIVE COUNCIL OPTIONS: N/A FUNDING: Amount Bud~qeted $40,000 $80,000 Account Number 140.6050.800.000 699.260.007 Additional Funds Requested N/A N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Friends of the Observatory City Council Sage Sangiacomo, Community/General Simerson, Community Services Supervisor Candace Horsley, City Manager 1. Observatory Site Map 2. Observatory Park Plan 3. Photos of the Observatory Labyrinth Services Director and Maya Candace Horsley, City I~anager Project Status Due to budget constraints, development of the park has been completed in phases and in cooperation with volunteers. Completed Phases · The first phase included site preparation and installation of the irrigation and turf on the north side of the park. · In the second phase, the Parks Division replaced a dilapidated 3 foot fence with a new 6 foot chain link fence to address security concerns of the neighbors. · In the third phase, the City of Ukiah teamed up with the Department of Public Health to construct a large labyrinth. The labyrinth is a walkable, interactive art piece that provides an experience that is both visual and kinesthetic. Construction of the labyrinth was coordinated and funded by Public Health. The City provided onsite assistance through the implementation and the Boy Scouts provided additional volunteer labor to landscape the area. The final design of the labyrinth is a 3,000 square foot, 5 petal vesica. Refer to Attachment #3 for recent photos of the completed labyrinth. Work in Progress The Parks Division is currently in the process of excavating and installing the pathway which is needed prior to opening the facility for general public access. In addition, Mendocino College's Horticulture Department has agreed to install the perimeter landscape as part of a Fall class focusing on landscape design and native plant species. Completion of these two components will allow for a spring 2007 opening of the northern portion of the park. While no specific use plans have yet been formalized for the buildings on the southern portion of the property, the City is currently working with the Friends of the Observatory led by Marin Bradley and Judy Pruden to begin restoration of the historical structures including the Observatory building, office, equipment shed, and instrument sighting shed. Friends of the Observatory are planning to complete the restoration of the historic buildings with volunteer labor and will be onsite throughout the winter. While these buildings will offer very little options for use other than historical display, the main house could be renovated in such a way to accommodate active use. After the eviction of the previous care taker, Staff concluded that the main house needed substantial repairs prior to allowing new occupancy. After a major cleaning, the main building was rented for a period of time by the Environmental Center for limited use and storage while their building was under renovation. The main building is currently being utilized as storage for City equipment and would require significant renovation prior to allowing full use or occupancy. The Parks Division continues to ensure security and weather tightness of the facility. Prior to contracting for renovations, Staff recommends the formalization of a usage plan to identify the type and extent of renovations necessary. Several conceptual ideas for use of the main house have been previously discussed include developing a museum style historical exhibit, recreation class space, small meeting/workshop rental space, or day care center. In anticipation of the need to renovate the main house, the City has capitalized a total of $80,000 in a special project reserve fund over the past few budgets. The Parks, Recreation and Golf Commission and Recreation Division Staff have previously expressed a desire to utilize the house for recreation classes which are currently limited by the lack of existing facilities available to the City. However, there may be an opportunity to develop the facility for multiple uses. Staff recommends referring the item to the Parks, Recreation and Golf Commission for consideration and to solicit additional public input. r ., .. ._ Attachment #3 AGENDA ITEM NO: 1 la MEETING DATE: November 1,2006 SUMMARY REPORT SUBJECT: AUTHORIZATION OF SOLE SOURCE CONTRACT FOR PURCHASE OF MOBILE COMPUTER TERMINAL SOFTWARE FROM VISIONAIR, INC. IN THE AMOUNT NOT TO EXCEED $75,941.12. As presented to Council during the public meeting held earlier tonight, staff desires to deploy Mobile Computer Terminals for emergency response vehicles. It is estimated that MCT's in emergency response vehicles reduce radio communication demands between field units and dispatch by up to 50%. MCT's rely on a wireless computer network, which enables a user to send and receive dispatch calls, access a variety of computer databases, communicate with other emergency responders and provide immediate status updates to their departments via laptop computers, instead of passing this information through a dispatch center via radio communications. Over the last 10 years, the Police, Fire and Dispatch Department have used VisionAir Software for our Police and Fire Records Management and Dispatch Computer Aided Dispatching needs. VisionAir also offers specifically designed Police Mobile Computer Software and Fire Mobile Computer Software, which interface directly with our existing software applications. Continued on page 2 RECOMMENDED ACTION: 1. Authorize the Sole Source Purchase of Mobile Computer Terminal Software from VisionAir, Inc., in an amount not to exceed $75,941.12. ALTERNATIVE COUNCIL OPTIONS: Provide staff with alternate direction. FUNDING: Amount Budgeted $75,941.12 Account Number 205.2001.800.000 Additional Funds Requested N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Chris Dewey, Captain Candace Horsley, City Manager / John Williams, Chief Approved: Candace Horsley, City I~anager AUTHORIZATION OF SOLE SOURCE CONTRACT FOR PURCHASE OF MOBILE COMPUTER TERMINAL SOFTWARE FROM VISIONAIR, INC. IN THE AMOUNT NOT TO EXCEED $75,941.12. During the initial planning stage of the deployment of MCT's both the IT Staff and Department staff worked closely together to look at and evaluate all of the possible mobile software application solutions. During this investigative phase, staff found that other vendors could provide us with mobile software solutions, but that costly software interfaces between any other vendor and VisionAir would be required. Staff contacted a number of other emergency service providers that currently use MCT's and learned that these software interfaces are costly to custom create, and add an additional expense to the overall project. In addition, as either vendor updates their software, which occurs usually on an annual basis, the interfaces become troublesome and also require updating at an additional expense, which adds to the overall price of the system. Because of this additional interface expense, and the higher price estimates from other third party providers, staff began planning the deployment of the MCT system around the VisionAir product. This solution, through our research, was significantly cheaper than other third party solutions, and did not require costly and troublesome software interfaces to work. Staff worked with VisionAir, confirming each part of the entire proposal to ensure the lowest overall cost possible, while providing the functionality needed in emergency situations. The quote includes server and computer software licensing for 1 message switch which transfers information from mobile computers to the department's computers network, 11 mobile computers, and both on-site training and installation will be provided by VisionAir. Additionally, a direct link to the California Department of Justice will be installed, which will allow officers in the field direct access to criminal warrant information, DMV information, sex and drug offender information, missing child information, and firearms and stolen property information, without interfering with dispatch operations. Because of the four month development and testing phase of this project, staff has included this request in the same meeting as the public hearing regarding the award of the Supplemental Law Enforcement Services grant funds. Funding for this purchase, would be provided by the Supplemental Law Enforcement Service Fund grant, fund 205.2001.800.000. Staff recommends that the City Council authorize the sole source purchase of Mobile Computer Terminal Software from VisionAir in an amount not to exceed $75,941.12. AGENDA ITEM NO: 1 lb MEETING DATE: November 1,2006 SUMMARY REPORT SUBJECT: UTILITIES DEPARTMENT STATUS UPDATE The Utilities Department has a number of projects in various states of completion. The City Manager has asked staff to provide City Council with a brief update on project status and work activities of the Utilities Department during the past 90 days. The enclosed table provides a quick summary of current projects. The priority work in each division is summarized below: Electric Division Gobbi Substation repairs- substation transformers have been repaired and are back in service. Testing of the major components is completed. RFP for Rate Study- was issued in September and the proposals are being reviewed. This study was included in the budget for 60/07. RFP for Consultinq Services on the Gobbi Substation upgrade - was issued in early October. The proposals are being reviewed during the first two weeks of November. This work will include the study of alternative methods to upgrade the electric capacity for Ukiah and then the design of the upgrades required at Gobbi Substation. Staff will bring the contract to council for consideration in late November. Continued on page 2 RECOMMENDED ACTION: Council Update - no action required ALTERNATIVE COUNCIL OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Jeff Gould, Interim Public Utilities Director Candace Horsley, City Manager 1 - Project Summary- Utilities Approved: Candace Horsley, City M~.~ager Electric Division - (continued) · Electric System Assessment- the Interim Utility Director has completed a system assessment of the Electric System. The study includes review of facilities and recommendations for upgrades and improvements to improve electric service reliability and capacity upgrades to provide sufficient substation and electric feeder capacity to service Ukiah customers for the next three years. The report will be discussed with the Council in December. · Capital Improvement Plan - the Electric Capital Improvement Plan has been updated using the results of the Electric System Assessment process. These capital improvements will be reflected in the upcoming budget process. · Tree Trimminq Contract- The Electric Department has hired a tree trimming ~ contractor to perform tree trimming in electric rights of way throughout Ukiah. This effort will continue during the remaining budget year. · Electric Supervisor Interviews - the interviews are scheduled for the first week of November. Water Division Water System Capital Improvement Plan Update - the ClP is being updated for the 07/08 budget. Well siting study -is in process and is expected to be presented to City Council in December. Wastewater Division · Wastewater Collection System Capital Improvement System - the CIP is being updated for the 07/08 budget. · TV Assessment of Sewer Lines - the city staff is in the process of TV inspection of the sewer lines in the downtown area of Ukiah. The inspections will be conducted in a grid pattern sequence, and as the results are completed by each grid, staff will develop a sewer line refurbishment RFP to hire contractors. This process will continue until the entire system is inspected over the next two - three years. Staff is prioritizing the inspections on the oldest parts of the system first. · Wastewater Treatment Plant Construction Project- The project is on schedule. An update will be provided in December. Other Items Hydro Plant Refurbishment Project- Council receives regular updates on the status of the hydro repairs. We anticipate restart of the plant in January 2007. Legislative Analysis - Staff has completed an analysis and report to council on the two new laws passed in September and the impacts on Ukiah. The report is included in the Council packet for this week. ICLEI Proqram - staff has been researching the program and potential staff impacts for council consideration. The report is contained in the City Council packet this week. Staff will be available to answer questions. ATTACHMENT I Public Utilities Project Tasks Status as of Ocbober 20, 2006 Priority Electric Status A RFP- Rate Consultant Completed A RFP - Rates - Eval Bidders Evaluating Proposals A System Assessment Draft 85% A CIP - Electric Draft 70% A RFP - Substation Design Alternatives Completed A RFP Eval - Gobbi Sub Design Evaluating Proposals B Substation Maintenance Plan Started -20% B Interview Electric Supt. Interviews scheduled !st week of November B RFP - Electric Distribution Projects - force account C RFP - Substation Design - future sub deferred until Gobbi consultant study completed C AMR and Metering program deferred for further study C RFP - Electric System Study and Power Tools database Water Distribution System A CIP - Water Distribution System 75% C Capacity/Pressure analysis propose for 07-08 budget C Well systems refurbishment (Consultant) reviewed draft report and comments to ann 10-05 deferred until new wells in service Wastewater Collection System A CIP - Wastewater Collection System 70% A TV Assessment of Sewer Lines Underway - downtown area - first phase A RFP - Slip form installations deferred until TV assessment of downtown completed B CIP - WW Collection System 40% B Sewer Line capacity analysis - RFP Sanitation District A Grease Trap Ordinance and Workshop Nov 1 workshop to review proposed ordinance B Rules and Regulations B Procedures and Policy Manual C Staffing issues NCPA A Resource Planning - Pool Mtg purchases completed for Q1 & Q2 A Legislative Analysis of B32 and AB 2021 Completed B Utility Directors Meeting Attended first meeting Oct 12 B Facilities Committee Mtg - phone participating B Hyrdo Coordination with Ukiah operations In process - discussions ongoing Other A ICLEI Program research and report to Council Completed A ASR Process Improvement Completed B Staffing Assessment In process ITEM NO: 1 lc MEETING DATE: November 1,2006 AGENDA SUMMARY REPORT SUBJECT: REPORT ON RECENT CALIFORNIA LEGISLATION AFFECTING MUNICIPALLY OWNED ELECTRIC UTILITIES Recent legislation passed by the State of California will have future regulatory requirement impacts on the Ukiah Electric Utility and the Ukiah community. The three legislative bills passed this session are: AB 32 - California Global Warming Solutions Act of 2006; and AB 2021 - Addition to Public Utilities Code of Section 25310 amending Section 9615- Public Utilities- energy efficiency; and SB 1368 - A report to Council will be made separately once staff completes review of this legislation. Please see page 2 for discussion of AB-32 and AB-2021. RECOMMENDED ACTION: Information Update Only- No Action Required. ALTERNATIVE COUNCIL OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Jeff Gould, Interim Public Utilities Director Candace Horsley, City Manager 1 - Table AB-32 2 -Table AB-2021 Approved" ~H_~~~ "~. Candace Horsley, Cit~anager AB-32 AB-32 was signed into law on September 27, 2006 and initiates measures to reduce the Greenhouse Gas (GHG) emissions -it requires the reporting and verification of statewide greenhouse gas emissions and implements monitoring and enforcement measures. The bill requires the State Air Resources Board, to adopt by January 2010, a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 to be achieved by 2020. The State Board may elect to implement interim measures as early as June 2007. The legislation also requires the establishment of an emissions trading program and provisions for the distribution of emissions allowances. Ukiah and NCPA staff will be required to inventory the emissions from all electricity consumed by Ukiah's consumers, and report greenhouse gas emissions. Considerable staff time will be required to monitor the development of the new regulations, and to perform inventory and reporting activities to comply with the new law. A summary is attached in Table 1 outlining the main items in the bill affecting Ukiah. A copy of AB-32 is also attached for your information. AB-2021 AB-2021 was signed into law on September 29, 2006. This bill requires publicly owned electric utilities, on or before June 1, 2007, and every 3 years thereafter, to identify all potentially achievable cost-effective electricity efficiency savings and to establish annual targets for energy efficiency savings and demand reduction over 10 years. The bill requires publicly owned electric utilities to report those targets to the Energy Commission within 60 days of the date of adoption, and report to its customers and the Energy Commission on its investments, programs, expenditures, cost-effectiveness, and results. The bill also requires an annual report to the Energy Commission on investment funding, cost-effectiveness methodologies, and an independent evaluation. The stated goal of the legislation is: "In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, reduce overall system costs, increase reliability, and increase public health and environmental benefits, it is the intent of the Legislature that all load-serving entities procure all cost-effective energy efficiency measures so that the state can meet the goal of reducing total forecasted electrical consumption by 10 percent over the next 10 years." (quoted from Section 1 (a) of the bill). Impacts on Ukiah Both AB 32 and AB 2021 contain requirements that will create a significant new workload for the Ukiah staff as early as the spring of 2007. Given the current staffing levels of the Ukiah Electric Department, this work will require additional staff resources and/or consultants to comply with the requirements of the bill. The current workload to comply with regulatory issues has been growing and is causing other responsibilities of the electric staff to be deferred. The resulting workload deferrals results in less attention to maintenance and operating issues that affect the long term reliability of the electric system. Staff recommends a new position be created in the 2007/2008 budget to handle the initial work related to regulatory requirements and energy efficiency issues, and the coordination with NCPA on energy supply and regulatory compliance issues. As the new requirements of AB 32 and AB 2021 are implemented, Ukiah will have to consider increasing staff levels to comply with these mandatory regulatory issues. There is also a need to budget consulting assistance to comply with the new regulatory reporting and implementation requirements. In future years we anticipate the need to budget for capital improvements and expenses to improve the energy efficiency of city equipment and facilities. The costs are unknown at this point and will require further investigation and possible legal interpretation over the next year. Staff is available to answer questions. ATTACHMENT~ ,/ Assembly Bill No. 32 - Summary of Items Affecting Impacts on Municipal Electric Utilities Ukiah Staff AB 32, Nunez. Air pollution: greenhouse gases: California Global Warming Solutions Act of 2006 Approved by Governor September 27, 2006 Chapter 2. Findings and Declarations 38501. The Legislature finds and declares all of the following: (a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. (b) Global warming will have detrimental effects on some of California's largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state. (c) California has long been a national and international leader on energy conservation and environmental stewardship efforts, including the areas of air quality protections, energy efficiency requirements, renewable energy standards, natural resource conservation, and greenhouse gas emission standards for passenger vehicles. The program established by this division will continue this tradition of environmental leadership by placing California at the forefront of national and international efforts to reduce emissions of greenhouse gases. (d) National and international actions are necessary to fully address the issue of global warming. However, action taken by California to reduce emissions of greenhouse gases will have far-reaching effects by encouraging other states, the federal government, and other countries to act. e) By exercising a global leadership role, California will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce emissions of greenhouse gases. More importantly, investing in the development of innovative and pioneering technologies will assist California in achieving the 2020 statewide limit on emissions of greenhouse gases established by this division and will provide an opportunity for the state to take a global economic and technological leadership role in reducing emissions of greenhouse gases. (f) It is the intent of the Legislature that the State Air Resources Board coordinate with state agencies, as well as consult with the environmental justice community, industry sectors, business groUps, academic institutions, environmental organizations, and other stakeholders in implementing this division. (g) It is the intent of the Legislature that the State Air Resources Board consult with the Public Utilities Commission in the development of emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission in order to ensure that electricity and natural gas providers are not required to meet duplicative or inconsistent regulatory requirements. (h) It is the intent of the Lesislature that the State Air Resources Board desisn emissions reduction measures to meet the statewide emissions limits for greenhouse gases established pursuant to this division in a manner that minimizes costs and maximizes benefits for California's economy, improves and modernizes California's energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state's efforts to improve air quality. (i) It is the intent of the Legislature that the Climate Action Team established by the Governor to coordinate the efforts set forth under Executive Order S-3-05 continue its role in coordinating overall climate policy. Existing Law (taken from the le$islative counsel's di~,est) Under existing law, the State Air Resources Board (state board), the State Energy Ukiah/NCPA Resources Conservation and Development Commission (Energy Commission), and existing the California Climate Action Registry all have responsibilities with respect to the requirement control of emissions of greenhouse gases, as defined, and the Secretary for Environmental Protection is required to coordinate emission reductions of greenhouse gases and climate change activity in state government. New Requirements (taken from the le$islative counsel's digest) This bill would require the state board to adopt regulations to require the reporting Ukiah staff and verification of statewide greenhouse gas emissions and to monitor and enforce impact compliance with this program, as specified. The bill would require the state board to adopt a statewide greenhouse gas Ukiah staff emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 impact to be achieved by 2020, as specified. The bill would require the state board to adopt rules and regulations in an open public Future Ukiah process to achieve the maximum technologically feasible and cost-effective staff impact greenhouse gas emission reductions, as specified, likely The bill would authorize the state board to adopt market-based compliance Ukiah/NCPA mechanisms, as defined, meeting specified requirements, staff impact The bill would require the state board to monitor compliance with and enforce any Ukiah/NCPA rule, regulation, order, emission limitation, emissions reduction measure, or market- staff impact based compliance mechanism adopted by the state board, pursuant to specified provisions of existing law. The bill would authorize the state board to adopt a schedule of fees to be paid by Financial regulated sources of greenhouse gas emissions, as specified, impact Because the bill would require the state board to establish emissions limits and other Mandatory requirements, the violation of which would be a crime compliance This bill would create a state-mandated local program. Mandatory compliance This bill provides that n._9_o reimbursement is required by this act for a specified reason. Ukiah funded Assembly Bill No. 32 CHAPTER 488 An act to add Division 25.5 (commencing with Section 38500) to the Health and Safety Code, relating to air pollution. [Approved by Governor September 27, 2006. Filed with Secretary of State September 27, 2006.] LEGISLATIVE COUNSEL'S DIGEST AB 32, Nunez. Air pollution: greenhouse gases: California Global Warming Solutions Act of 2006. Under existing law, the State Air Resources Board (state board), the State Energy Resources Conservation and Development Commission (Energy Commission), and the California Climate Action Registry all have responsibilities with respect to the control of emissions of greenhouse gases, as defined, and the Secretary for Environmental Protection is required to coordinate emission reductions of greenhouse gases and climate change activity in state government. This bill would require the state board to adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program, as specified. The bill would require the state board to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 to be achieved by' 2020, as specified. The bill would require the state board to adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions, as specified. The bill would authorize the state board to adopt market-based compliance mechanisms, as defined, meeting specified requirements. The bill would require the state board to monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism adopted by the state board, pursuant to specified provisions of existing law. The bill would authorize the state board to adopt a schedule of fees to be paid by regulated sources of greenhouse gas emissions, as specified. Because the bill would require the state board to establish emissions limits and other requirements, the violation of which would be a crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 89 Ch. 488 2 The people of the State of California do enact as follows: SECTION 1. Division 25.5 (commencing with Section 38500) is added to the Health and Safety Code, to read: DIVISION 25.5. CALIFORNIA GLOBAL WARMING SOLUTIONS ACT OF 2006 PART 1. GENERAL PROVISIONS CHAPTER 1. TITLE OF DIviSiON 38500. This division shall, be known, and may be cited, as the California Global Warming Solutions Act of 2006. CHAPTER 2. FINDINGS AND DECLARATIONS 38501. The Legislature finds and declares all of the following: (a) Global warming poses a serious threat to the economic well-being, public health, natural resources, and the environment of California. The potential adverse impacts of global warming include the exacerbation of air quality problems, a reduction in the quality and supply of water to the state from the Sierra snowpack, a rise in sea levels resulting in the displacement of thousands of coastal businesses and residences, damage to marine ecosystems and the natural environment, and an increase in the incidences of infectious diseases, asthma, and other human health-related problems. (b) Global warming will have detrimental effects on some of California's largest industries, including agriculture, wine, tourism, skiing, recreational and commercial fishing, and forestry. It will also increase the strain on electricity supplies necessary to meet the demand for summer air-conditioning in the hottest parts of the state. (c) California has long been a national and international leader on energy conservation and environmental stewardship efforts, including the areas of air quality protections, energy efficiency requirements, renewable energy standards, natural resource conservation, and greenhouse gas emission.standards for passenger vehicles. The program established by this division will continue this tradition of environmental leadership by placing California at the forefront of national and international efforts to reduce emissions of greenhouse gases. (d) National and international actions are necessary to fully address the issue of global warming. However, action taken by California to reduce emissions of greenhouse gases will have far-reaching effects by encouraging other states, the federal government, and other countries to act. 89 3 Ch. 488 (e) By exercising a global leadership role, California will also position its economy, technology centers, financial institutions, and businesses to benefit from national and international efforts to reduce emissions of greenhouse gases. More importantly, investing in the development of innovative and pioneering technologies will assist California in achieving the 2020 statewide limit on emissions of greenhouse gases established by this division and will provide an opportunity for the state to take a global economic and technological leadership role in reducing emissions of greenhouse gases. (f) It is the intent of the Legislature that the State Air Resources Board coordinate with state agencies, as well as consult with the environmental justice community, industry sectors, business groups, academic institutions, environmental organizations, and other stakeholders in implementing this division. (g) It is the intent of the Legislature that the State Air Resources Board consult with the Public Utilities Commission in the development of emissions reduction measures, including limits on emissions of greenhouse gases applied to electricity and natural gas providers regulated by the Public Utilities Commission in order to ensure that electricity and natural gas providers are not required to meet duplicative or inconsistent regulatory requirements. (h) It is the intent of the Legislature that the State Air Resources Board design emissions reduction measures to meet the statewide emissions limits for greenhouse gases established pursuant to this division in a manner that minimizes costs and maximizes benefits for California's economy, improves and modernizes California's energy infrastructure and maintains electric system reliability, maximizes additional environmental and economic co-benefits for California, and complements the state's efforts to improve air quality. (i) It is the intent of the Legislature that the Climate Action Team established by the Governor to coordinate the efforts set forth under Executive Order S-3-05 continue its role in coordinating overall climate policy. CHAPTER 3. DEFINITIONS 38505. For the purposes of this division, the following terms have the following meanings: (a) "Allowance" means an authorization to emit, during a specified year, up to one ton of carbon dioxide equivalent. (b) "Alternative compliance mechanism" means an action undertaken by a greenhouse gas emission source that achieves the equivalent reduction of greenhouse gas emissions over the same time period as a direct emission reduction, and that is approved by the state board. "Alternative compliance mechanism" includes, but is not limited to, a 89 Ch. 488 4 flexible compliance schedule, alternative control technology, a process change, or a product substitution. (c) "Carbon dioxide equivalent" means the amount of carbon dioxide by weight that would produce the same global warming impact as a given weight of another greenhouse gas, based on the best available science, including from the Intergovernmental Panel on Climate Change. (d) "Cost-effective" or "cost.effectiveness" means the cost per unit of reduced emissions of greenhouse gases adjusted for its global warming potential. (e) "Direct emission reduction" means a greenhouse gas emission reduction action made by a greenhouse gas emission source at that source. (f) "Emissions reduction measure" means programs, measures, standards, and alternative compliance mechanisms authorized pursuant to this division, applicable to sources or categories of sources, that are designed to reduce emissions of greenhouse gases. (g) "Greenhouse gas" or "greenhouse gases" includes all of the following gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexaflouride. (h) "Greenhouse gas emissions limit" means an authorization, during a specified year, to emit up to a level of greenhouse gases specified by the state board, expressed in tons of carbon dioxide equivalents. (i) "Greenhouse gas emission source" or "source" means any source, or category of sources, of greenhouse gas emissions whose emissions are at a level of significance, as determined by the state board, that its participation in the program established under this division will enable the state board to effectively reduce greenhouse gas emissions and monitor compliance with the statewide greenhouse gas emissions limit. (j) "Leakage" means a reduction in emissions of greenhouse gases within the state that is offset by an increase in emissions of greenhouse gases outside the state. (k) "Market-based compliance mechanism" means either of the following: (1) A system of market-based declining annual aggregate emissions limitations for sources or categories of sources that emit greenhouse gases. (2) Greenhouse gas emissions exchanges, banking, credits, and other transactions, governed by rules and protocols established by the state board, that result in the same greenhouse gas emission reduction, over the same time period, as direct compliance with a greenhouse gas emission limit or emission reduction measure adopted by the state board pursuant to this division. (/) "State board" means the State Air Resources Board. (m) "Statewide greenhouse gas emissions" means the total annual emissions of greenhouse gases in the state, including all emissions of greenhouse gases from the generation of electricity delivered to and consumed in California, accounting for transmission and distribution line losses, whether the electricity is generated in state or imported. Statewide emissions shall be expressed in tons of carbon dioxide equivalents. 89 5 Ch. 488 (n) "Statewide greenhouse gas emissions limit" or "statewide emissions limit" means the maximum allowable level of statewide greenhouse gas emissions in 2020, as determined by the state board pursuant to Part 3 (commencing with Section 38850). CHAPTER 4. ROLE OF STATE BOARD 38510. The State Air Resources Board is the state agency charged with monitoring and regulating sources of emissions of greenhouse gases that cause global warming in order to reduce emissions of greenhouse gases. PART 2. MANDATORY GREENHOUSE GAS EMISSIONS REPORTING 38530. (a) On or before January 1, 2008, the state board shall adopt regulations to require the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this program. (b) The regulations shall do all of the following: (1) Require the monitoring and annual reporting of greenhouse gas emissions from greenhouse gas emission sources beginning with the sources or categories of sources that contribute the most to statewide emissions. (2) Account for greenhouse gas emissions from all electricity consumed in the state, including transmission and distribution line losses from electricity generated within the state or imported from outside the state. This requirement applies to all retail sellers of electricity, including load-serving entities as defined in subdivision (j) of Section 380 of the Public Utilities Code and local publicly owned electric utilities as defined in Section 9604 of the Public Utilities Code. (3) Where appropriate and to the maximum extent feasible, incorporate the standards and protocols developed by the California Climate Action Registry, established pursuant to Chapter 6 (commencing with Section 42800) of Part 4 of Division 26. Entities that voluntarily participated in the California Climate Action Registry prior to December 31, 2006, and have developed a greenhouse gas emission reporting program, shall not be required to significantly alter their reporting or verification program except as necessary to ensure that reporting is complete and verifiable for the purposes of compliance with this division as determined by the state board. (4) Ensure rigorous and consistent accounting of emissions, and provide reporting tools and formats to ensure collection of necessary data. (5) Ensure that greenhouse gas emission sources maintain comprehensive records of all reported greenhouse gas emissions. (c) The state board shall do both of the following: 89 Ch. 488 6 (1) Periodically review and update its emission reporting requirements, as necessary. (2) Review existing and proposed international, federal, and state greenhouse gas emission reporting programs and make reasonable efforts to promote consistency among the programs established pursuant to this part and other programs, and to streamline reporting requirements on greenhouse gas emission sources. PART 3. STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT 38550. By January 1, 2008, the state board shall, after one or more public workshops, with public notice, and an opportunity for all interested parties to comment, determine what the statewide greenhouse gas emissions level was in 1990, and approve in a public hearing, a statewide greenhouse gas emissions limit that is equivalent to that level, to be achieved by 2020. In order to ensure the most accurate determination feasible, the state board shall evaluate the best available scientific, technological, and economic information on greenhouse gas emissions to determine the 1990 level of greenhouse gas emissions. 38551. (a) The statewide greenhouse gas emissions limit shall remain in effect unless otherwise amended or repealed. (b) It is the intent of the Legislature that the statewide greenhouse gas emissions limit continue in existence and be used to maintain and continue reductions in emissions of greenhouse gases beyond 2020. (c) The state board shall make recommendations to the Governor and the Legislature on how to continue reductions of greenhouse gas emissions beyond 2020. PART 4. GREENHOUSE GAS EMISSIONS REDUCTIONS 38560. The state board shall adopt rules and regulations in an open public process to achieve the maximum technologically feasible and cost-effective greenhouse gas emission reductions from sources or categories of sources, subject to the criteria and schedules set forth in this part. 38560.5. (a) On or before June 30, 2007, the state board shall publish and make available to the public a list of discrete early action greenhouse gas emission reduction measures that can be implemented prior to the measures and limits adopted pursuant to Section 38562. (b) On or before January 1,2010, the state board shall adopt regulations to implement the measures identified on the list published pursuant to subdivision (a). (c) The regulations adopted by the state board pursuant to this section shall achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from those sources or categories of 7 Ch. 488 sources, in furtherance of achieving the statewide greenhouse gas emissions limit. (d) The regulations adopted pursuant to this section shall be enforceable no later than January 1, 2010. 38561. (a) On or before January 1, 2009, the state board shall prepare and approve a scoping plan, as that term is understood by the state board, for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions from sources or categories of sources of greenhouse gases by 2020 under this division. The state board shall consult with all state agencies with jurisdiction over sources of greenhouse gases, including the Public Utilities Commission and the State Energy Resources Conservation and Development Commission, on all elements of its plan that pertain to energy related matters including, but not limited to, electrical generation, load based-standards or requirements, the provision of reliable and affordable electrical service, petroleum refining, and statewide fuel supplies to ensure the greenhouse gas emissions reduction activities to be adopted and implemented by the state board are complementary, nonduplicative, and can be implemented in an efficient and cost-effective manner. (b) The plan shall identify and make recommendations on direct emission reduction measures, alternative compliance mechanisms, market-based compliance mechanisms, and potential monetary and nonmonetary incentives for sources and categories of sources that the state board finds are necessary or desirable to facilitate the achievement of the maximum feasible and cost-effective reductions of greenhouse gas emissions by 2020. (c) In making the determinations required by subdivision (b), the state board shall consider all relevant information pertaining to greenhouse gas emissions reduction programs in other states, localities, and nations, including the northeastern states of the United States, Canada, and the European Union. (d) The state board shall evaluate the total potential costs and total potential economic and noneconomic benefits of the plan for reducing greenhouse gases to California's economy, environment, and public health, using the best available economic models, emission estimation techniques, and other scientific methods. (e) In developing its plan, the state board shall take into account the relative contribution of each source or source category to statewide greenhouse gas emissions, and the potential for adverse effects on small businesses, and shall recommend a de minimis threshold of greenhouse gas emissions below which emission reduction requirements will not apply. (f) In developing its plan, the state board shall identify opportunities for emission reductions measures from all verifiable and enforceable voluntary actions, including, but not limited to, carbon sequestration projects and best management practices. 89 Ch. 488 8 (g) The state board shall conduct a series of public workshops to give interested parties an opportunity to comment on the plan. The state board shall conduct a portion of these workshops in regions of the state that have the most significant exposure to air pollutants, including, but not limited to, communities with minority populations, communities with low-income populations, or both. (h) The state board shall update its plan for achieving the maximum technologically feasible and cost-effective reductions of greenhouse gas emissions at least once every five years. 38562. (a) On or before January 1,2011, the state board shall adopt greenhouse gas emission limits and emission reduction measures by regulation to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit, to become operative beginning on January 1, 2012. (b) In adopting regulations pursuant to this section and Part 5 (commencing with Section 38570), to the extent feasible and in furtherance of achieving the statewide greenhouse gas emissions limit, the state board shall do all of the following: (1) Design the regulations, including distribution of emissions allowances where appropriate, in a manner that is equitable, seeks to minimize costs and maximize the total benefits to California, and encourages early action to reduce greenhouse gas emissions. (2) Ensure that activities undertaken to comply with the regulations do not disproportionately impact low-income communities. (3) Ensure that entities that have voluntarily reduced their greenhouse gas emissions prior to the implementation of Ihis section receive appropriate credit for early voluntary reductions. (4) Ensure that activities undertaken pursuant to the regulations complement, and do not interfere with, efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminant emissions. (5) Consider cost-effectiveness of these regulations. (6) Consider overall societal benefits, including reductions in other air pollutants, diversification of energy sources, and other benefits to the economy, environment, and public health. (7) Minimize the administrative burden of implementing and complying with these regulations. (8) Minimize leakage. (9) Consider the significance of the contribution of each source or category of sources to statewide emissions of greenhouse gases. (c) In furtherance of achieving the statewide greenhouse gas emissions limit, by January 1, 2011, the state board may adopt a regulation that establishes a system of market-based declining annual aggregate emission limits for sources or categories of sources that emit greenhouse gas emissions, applicable from January 1, 2012, to December 31, 2020, inclusive, that the state board determines will achieve the maximum 89 Ch. 488 technologically feasible and cost-effective reductions in greenhouse gas emissions, in the aggregate, from those sources or categories of sources. (d) Any regulation adopted by the state board pursuant to this part or Part 5 (commencing with Section 38570) shall ensure all of the following: (1) The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the state board. (2) For regulations pursuant to Pan 5 (commencing with Section 38570), the reduction is in addition to any greenhouse gas emission reduction otherwise required by law or regulation, and any other greenhouse gas emission reduction that otherwise would occur. (3) If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this division. (e) The state board shall rely upon the best available economic and scientific information and its assessment of existing and projected technological capabilities when adopting the regulations required by this section. (f) The state board shall consult with the Public Utilities Commission in the development of the regulations as they affect electricity and natural gas providers in order to minimize duplicative or inconsistent regulatory requirements. (g) After January 1, 2011, the state board may revise regulations adopted pursuant to this section and adopt additional regulations to further the provisions of this division. 38563. Nothing in this division restricts the state board from adopting greenhouse gas emission limits or emission reduction measures prior to January 1, 2011, imposing those limits or measures prior to January 1, 2012, or providing early reduction credit where appropriate. 38564. The state board shall consult with other states, and the federal government, and other nations to identify the most effective strategies and methods to reduce greenhouse gases, manage greenhouse gas control programs, and to facilitate the development of integrated and cost-effective regional, national, and international greenhouse gas reduction programs. 38565. The state board shall ensure that the greenhouse gas emission reduction rules, regulations, programs, mechanisms, and incentives under its jurisdiction, where applicable and to the extent feasible, direct public and private investment toward the most disadvantaged communities in California and provide an opportunity for small businesses, schools, affordable housing associations, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions. 89 Ch. 488 -- 10- PART 5. MARKET-BASED COMPLIANCE MECHANISMS 38570. (a) The state board may include in the regulations adopted pursuant to Section 38562 the use of market-based compliance mechanisms to comply with the regulations. (b) Prior to the inclusion of any market-based cotnpliance mechanism in the regulations, to the extent feasible and in furtherance of achieving the statewide greenhouse gas emissions limit, the state board shall do all of the following: (l) Consider the potential for direct, indirect, and cumulative emission impacts from these mechanisms, including localized impacts in communities that are already adversely impacted by air pollution. (2) Design any market-based compliance mechanism to prevent any increase in the emissions of toxic air contaminants or criteria air pollutants. (3) Maximize additional environmental and economic benefits for California, as appropriate. (c) The state board shall adopt regulations governing how market-based compliance mechanisms may be used by regulated entities subject to greenhouse gas emission limits and mandatory emission reporting requirements to achieve compliance with their greenhouse gas emissions limits. 38571. The state board shall adopt methodologies for the quantification of voluntary greenhouse gas emission reductions. The state board shall adopt regulations to verify and enforce any voluntary greenhouse gas emission reductions that are authorized by the state board for use to comply with greenhouse gas emission limits established by the state board. The adoption of methodologies is exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part I of Division 3 of Title 2 of the Government Code). 38574. Nothing in this part or Part 4 (commencing with Section 38560) confers any authority on the state board to alter any programs administered by other state agencies for the reduction of greenhouse gas emissions. PART 6. ENFORCEMENT 38580. (a) The state board shall monitor compliance with and enforce any rule, regulation, order, emission limitation, emissions reduction measure, or market-based compliance mechanism adopted by the state board pursuant to this division. (b) (1) Any violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this division may be enjoined pursuant to Section 41513, and the violation is subject to those penalties set forth in Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26. 89 --11-- Ch. 488 (2) Any violation of any rule, regulation, order, emission limitation, emissions reduction measure, or other measure adopted by the state board pursuant to this division shall be deemed to result in an emission of an air contaminant for the purposes of the penalty provisions of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Part 5 of, Division 26. (3) The state board may develop a method to convert a violation of any rule, regulation, order, emission limitation, or other emissions reduction measure adopted by the state board pursuant to this division into the number of days in violation, where appropriate, for the purposes of the penalty provisions of Article 3 (commencing with Section 42400) of Chapter 4 of Part 4 of, and Chapter 1.5 (commencing with Section 43025) of Pan 5 of, Division 26. (c) Section 42407 and subdivision (i) of Section 42410 shall not apply to this part. PART 7. MISCELLANEOUS PROVISIONS 38590. If the regulations adopted pursuant to Section 43018.5 do not remain in effect, the state board shall implement alternative regulations to control mobile sources of greenhouse gas emissions to achieve equivalent or greater reductions. 38591. (a) The state board, by July 1, 2007, shall convene an environmental justice advisory committee, of at least three members, to advise it in developing the scoping plan pursuant to Section 38561 and any other pertinent matter in implementing this division. The advisory committee shall be comprised of representatives from communities in the state with the most significant exposure to air pollution, including, but not limited to, communities with minority populations or low-income populations, or both. (b) The state board shall appoint the advisory committee members from nominations received from environmental justice organizations and community groups. (c) The state board shall provide reasonable per diem for attendance at advisory committee meetings by advisory committee members from nonprofit organizations. (d) The state board shall appoint an Economic and Technology Advancement Advisory Committee to advise the state board on activities that will facilitate investment in and implementation of technological research and development opportunities, including, but not limited to, identifying new technologies, research, demonstration projects, funding opportunities, developing state, national, and international pannerships and technology transfer opportunities, and identifying and assessing research and advanced technology investment and incentive opportunities that will assist in the reduction of greenhouse gas emissions. The committee may also advise the state board on state, regional, national, and 89 Ch. 488 -- 12- international economic and technological developments related to greenhouse gas emission reductions. 38592. (a) All state agencies shall consider and implement strategies to reduce their greenhouse gas emissions. (b) Nothing in this division shall relieve any person, entity, or public agency of compliance with other applicable federal, state, or local laws or regulations, including state air and water quality requirements, and other requirements for protecting public health or the environment. 38593. (a) Nothing in this division affects the authority of the Public Utilities Commission. (b) Nothing in this division affects the obligation of an electrical corporation to provide customers with safe and reliable electric service. 38594. Nothing in this diVision shall limit or expand the existing authority of any district, as defined in Section 39025. 38595. Nothing in this division shall preclude, prohibit, or restrict the construction of any new facility or the expansion of an existing facility subject to regulation under this division, if all applicable requirements are met and the facility is in compliance with regulations adopted pursuant to this division. 38596. The provisions of this division are severable. If any provision of this division or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 38597. The state board may adopt by regulation, after a public workshop, a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to this division, consistent with Section 57001. The revenues collected pursuant to this section, shall be deposited into the Air Pollution Control Fund and are available upon appropriation, by the Legislature, for purposes of carrying out this division. 38598. (a) Nothing in this division shall limit the existing authority of a state entity to adopt and implement greenhouse gas emissions reduction measures. (b) Nothing in this division shall relieve any state entity of its legal obligations to comply with existing law or regulation. 38599. (a) In the event of extraordinary circumstances, catastrophic events, or threat of significant economic harm, the Governor may adjust the applicable deadlines for individual regulations, or for the state in the aggregate, to the earliest feasible date after that deadline. (b) The adjustment period may not exceed one year unless the Governor makes an additional adjustment pursuant to subdivision (a). (c) Nothing in this section affects the powers and duties established in the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code). (d) The Governor shall, within l0 days of invoking subdivision (a), provide written notification to the Legislature of the action undertaken. SEC. 2 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that 89 -- 13 -- Ch. 488 may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 89 ATTACHMENT _,~, Assembly Bill No. 2021- Summary of Items Affecting Impacts on Municipal Electric Utilities Ukiah Staff "In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, reduce overall system costs, increase reliability, and increase public health and environmental benefits, it is the intent of the Legislature that all load-serving entities procure all cost-effective energy efficiency measures so that the state can meet the goal of reducing total forecasted electrical consumption by 10 percent over the next l 0 years." (taken from Section 1 (a) of the bill) Existing Law (taken from the legislative counsel's disest) Existing law authorizes the Public Utilities Commission to regulate public utilities, Ukiah/NCPA including electrical and gas corporations. The Public Utilities Act requires the existing commission to review and adopt a procurement plan for each electrical corporation requirement Under existing law, the commission, in consultation with the Energy Commission, is required to identify all potentially achievable cost-effective electricity efficiency N/A savings and to establish efficiency targets for an electrical corporation to achieve pursuant to its procurement plan Existing law requires that an electrical corporation's procurement plan include a Ukiah/NCPA showing that the electrical corporation will first meet its unmet resource needs existing through all available energy efficiency and demand reduction resources that are cost requirement effective, reliable, and feasible. Existing law requires each local publicly owned electric utility, in procuring energy, Ukiah/NCPA to first acquire all available energy efficiency and demand reduction resources that existing are cost effective, reliable, and feasible, requirement Existing law requires each local publicly owned electric utility to report annually to Ukiah/NCPA its customers and to the Energy Commission, its investment in energy efficiency and existing demand reduction programs, as specified, requirement New Requirements (taken from the le$islative counsel's disest) This bill would require the Energy Commission, on or before November 1, 2007, and Ukiah staff every 3 years thereafter, in consultation with the commission and local publicly participation owned electric utilities, in a public process that allows input from other stakeholders, to develop to develop a statewide estimate of ali potentially achievable cost-effective electricity required and natural gas efficiency savings and establish statewide annual targets for energy information efficiency savings and demand reduction over 10 years. The bill would require the Energy Commission to include in the integrated energy Ukiah staff policy report, for each electrical corporation and each gas corporation, a comparison data report to of the public utility's annual energy efficiency targets, and the public utility's actual Commission energy efficiency savings and demand reductions. The bill would require the Energy Commission to investigate options and develop a Future Ukiah plan to improve the energy efficiency of, and to decrease the peak electricity demand staff impact of, air-conditioners in the state. The bill would require the Energy Commission, on or likely before January 1, 2008, to prepare and submit to the Legislature a report on that plan. This bill would require a local publicly owned electric utility, on or before June 1, Significant 2007, and every 3 years thereafter, to identify all potentially achievable cost-effective Ukiah staff electricity efficiency savings and to establish annual targets for energy efficiency impacts savings and demand reduction over 10 years. The bill would require a local publicly owned electric utility to report those targets to Ukiah staff the Energy Commission within 60 days of the date of adoption, data report to Commission The bill would require an annual report by a local publicly owned electric utility to its Ukiah staff customers and the Energy Commission on its investments, programs, expenditures, data report to cost-effectiveness, and results, as prescribed. Commission The bill would also require an annual report to the Energy Commission on N/A investment funding, cost-effectiveness methodologies, and an independent evaluation The bill would require the Energy Commission, if it determines that improvements Potential can be made in setting or meeting annual targets, to provide recommendations to the future Ukiah local publicly owned electric utility, the Legislature, and the Governor on those staff impacts improvements. The bill, by establishing new requirements for local publicly owned electric utilities, Mandatory would create a state-mandated local program, compliance This bill would provide that n__qo reimbursement is required by this act for a specified Ukiah reason, funded Assembly Bill No. 2021 CHAPTER 734 An act to add Section 25310 to the Public Resources Code, and to amend Section 9615 of the Public Utilities Code, relating to energy efficiency. [Approved by Governor September 29, 2006. Filed with Secretary of State September 29, 2006.] LEGISLATIVE COUNSEL'S DIGEST AB 2021, Levine. Public utilities: energy efficiency. (1) The Warren-Alquist State Energy Resources Conservation and Development Act establishes the State Energy Resources Conservation and Development Commission (Energy Commission) and requires it to prepare an integrated energy policy report on or before November 1, 2003, and every 2 years thereafter. Under that act, the Energy Commission also administers existing law with respect to energy conservation. Existing law authorizes the Public Utilities Commission to regulate public utilities, including electrical and gas corporations. The Public Utilities Act requires the commission to review and adopt a procurement plan for each electrical corporation. Under existing law, the commission, in consultation with the Energy Commission, is required to identify all potentially achievable cost-effective electricity efficiency savings and to establish efficiency targets for an electrical corporation to achieve pursuant to its procurement plan. Existing law requires that an electrical corporation's procurement plan include a showing that the electrical corporation will first meet its unmet resource needs through all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. Existing law requires the commission, in consultation with the Energy Commission, to identify all potentially achievable cost-effective natural gas efficiency savings and to establish efficiency targets for the gas corporation to achieve these targets and to require that a gas corporation first meet its unmet gas resource needs through all available natural gas efficiency and demand reduction resources that are cost effective, reliable, and feasible. This bill would require the Energy Commission, on or before November 1, 2007, and every 3 years thereafter, in consultation with the commission and local publicly owned electric utilities, in a public process that allows input from other stakeholders, to develop a statewide estimate of all potentially achievable cost-effective electricity and natural gas efficiency savings and establish statewide annual targets for energy efficiency savings and demand reduction over l0 years. The bill would require the commission to base its estimate at least in part on the most recent targets 92 Ch. 734 2 established by the commission and local publicly owned electric utilities. The bill would require the Energy Commission to include in the integrated energy policy report, for each electrical corporation and each gas corporation, a comparison of the public utility's annual energy efficiency targets, and the public utility's actual energy efficiency savings and demand reductions. (2) The bill would require the Energy Commission to investigate options and develop a plan to improve the energy efficiency of, and to decrease the peak electricity demand of, air-conditioners in the state. The bill would require the Energy Commission, on or before January 1, 2008, to prepare and submit to the Legislature a report on that plan. (3) Existing law requires each local publicly owned electric utility, in procuring energy, to first acquire all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. Existing law requires each local publicly owned electric utility to report annually to its customers and to the Energy Commission, its investment in energy efficiency and demand reduction programs, as specified. This bill would require a local publicly owned electric utility, on or before June 1, 2007, and every 3 years thereafter, to identify all potentially achievable cost-effective electricity efficiency savings and to establish annual targets for energy efficiency savings and demand reduction over 10 years. The bill would require a local publicly owned electric utility to report those targets to the Energy Commission within 60 days of the date of adoption. The bill would require an annual report by a local publicly owned electric utility to its customers and the Energy Commission on its investments, programs, expenditures, cost-effectiveness, and results, as prescribed. The bill would also require an annual report to the Energy Commission on investment funding, cost-effectiveness methodologies, and an independent evaluation. The bill would require the Energy Commission to include a summary of the information reported by local publicly owned electric utilities and a comparison of each utility's energy efficiency targets and actual results in the integrated energy policy report. The bill would require the Energy Commission, if it determines that improvements can be made in setting or meeting annual targets, to provide recommendations to the local publicly owned electric utility, the Legislature, and the Governor on those improvements. The bill, by establishing new requirements for local publicly owned electric utilities, would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 92 Ch. 734 The people of the State of California do enact as follows: SECTION 1. (a) In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, reduce overall system costs, increase reliability, and increase public health and environmental beriefits, it is the intent of the Legislature that all load-serving entities procure all cost-effective energy efficiency measures so that the state can meet the goal of reducing total forecasted electrical consumption by 10 percent over the next 10 years. (b) Expanding California's energy efficiency programs will promote lower energy bills, protect public health, improve environmental quality, stimulate sustainable economic development, create new employment opportunities, and reduce reliance on imported fuels. (c) Expanding California's energy efficiency programs will ameliorate air quality problems throughout the state and will also reduce harmful greenhouse gas emissions. (d) The energy savings achieved through the enactment of this act are an essential component of the state's plan to meet the Governor's greenhouse gas reduction targets established in Executive Order S-3-05. SEC. 2. Section 25310 is added to the Public Resources Code, to read: 25310. On or before November 1, 2007, and by November 1 of every third year thereafter, the commission in consultation with the Public Utilities Commission and local publicly owned electric utilities, in a public process that allows input from other stakeholders, shall, develop a statewide estimate of all potentially achievable cost-effective electricity and natural gas efficiency savings and establish targets for statewide annual energy efficiency savings and demand reduction for the next 10-year period. The commission shall base its estimate at least in part on information developed pursuant to Sections 454.55, 454.56, and 9615 of the Public Utilities Code. The commission shall, for each electrical corporation and each gas corporation, include in the integrated energy policy report, a comparison of the public utility's annual targets established pursuant to Sections 454.55 and 454.56, and the public utility's actual energy efficiency savings and demand reductions. SEC. 3. Section 9615 of the Public Utilities Code is amended to read: 9615. (a) Each local publicly owned electric utility, in procuring energy to serve the load of its retail end-use customers, shall first acquire all available energy efficiency and demand reduction resources that are cost effective, reliable, and feasible. (b) On or before June 1, 2007, and by June 1 of every third year thereafter, each local publicly owned electric utility shall identify all potentially achievable cost-effective electricity efficiency savings and shall establish annual targets for energy efficiency savings and demand reduction for the next 10-year period. A local publicly owned electric utility's determination of potentially achievable cost-effective electricity efficiency savings shall be made without regard to previous minimum investments undertaken pursuant to Section 385. A local publicly owned Ch. 734 4 electric utility shall treat investments made to achieve energy efficiency savings and demand reduction targets as procurement investments. (c) Within 60 days of adopting annual targets pursuant to subdivision (b), each local publicly owned electric utility shall report those targets to the State Energy Resources Conservation and Development Commission, and the basis for establishing those targets. (d) Each local publicly owned electric utility shall report annually to its customers and to the State Energy Resources Conservation and Development Commission. The report shall contain, but is not limited to, both of the following: (1) Its investments in energy efficiency and demand reduction programs. (2) A description of programs, expenditures, cost-effectiveness, and expected and actual energy efficiency savings and demand reduction results. (e) Each local publicly owned electric utility shall also annually develop and submit to the State Energy Resources Conservation and Development Commission a report containing all of the following: (1) The sources of funding for its investments in energy efficiency and demand reduction program investments. (2) The methodologies and input assumptions used to determine cost-effectiveness. (3) The results of an independent evaluation that measures and verifies the energy efficiency savings and reduction in energy demand achieved by its energy efficiency and demand reduction programs. (f) The State Energy Resources Conservation and Development Commission shall include a summary of the information reported pursuant to subdivision (e) in the integrated energy policy report prepared pursuant to Chapter 4 (commencing with Section 25300) of Division 15 of the Public Resources Code. The State Energy Resources Conservation and Development Commission shall also include, for each local publicly owned electric utility, a comparison of the local publicly owned electric utility's annual targets established in accordance with this section, and the local publicly owned electric utility's actual energy efficiency savings and demand reductions. If the State Energy Resources Conservation and Development Commission determines that improvements can be made in either the level of a local publicly owned electric utility's annual targets to achieve all cost-effective, reliable, and feasible energy savings and demand reductions and to enable the local publicly owned electric utilities, in the aggregate, to achieve statewide targets established pursuant to Section 25310, or in meeting each local publicly owned electric utility's annual targets, the State Energy Resources Conservation and Development Commission shall provide recommendations to the local publicly owned electric utility, the Legislature, and the Governor on those improvements. SEC. 4. (a) The Legislature finds and declares that the use of air-conditioners in a hot, dry climate drives peak electricity demand in much of this state. 92 5 Ch. 734 (b) The State Energy Resources Conservation and Development Commission shall do both of the following: (l) Investigate options and develop a plan to improve the energy efficiency of, and to decrease the peak electricity demand of, air-conditioners. (2) On or before January 1, 2008, prepare and submit to the Legislature a report on the plan developed pursuant to subdivision (a), including, but not limited to, any changes in law the State Energy Resources Conservation and Development Commission recommends to implement the plan. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 92 ITEM NO. 1 ld DATE November 1, 2006 AGENDA SUMMARY REPORT SUBJECT: GREENHOUSE GAS REDUCTION - PUBLICLY OWNED ELECTRIC UTILITIES' PRINCIPLES ADDRESSING GREENHOUSE GAS REDUCTION GOALS AND AB-32 REQUIREMENTS BACKGROUND: Recent climate change developments at the state and federal levels have raised the importance of ensuring a clear articulation of public power's formal position regarding greenhouse gas (GHG) reduction. Assembly Bill 32 (AB 32) was signed into law in September. This bill directs the State Air Resources Board to implement broad conservation and energy efficiency objectives with the goal of reducing greenhouse gas emissions (GHG) and limiting GHG emissions to 1990 levels by the year 2020. The mandatory reporting and implementation requirements will be imposed on publicly owned electric utilities in California. Publicly Owned Electric Utilities Initiative With the requirements of AB32 in mind, the California Municipal Utilities Association (CMUA) governing board adopted principles addressing Greenhouse Gas Reduction Goals on June 6th (see Attachment 2), and the Northern California Power Agency (NCPA) adopted the same principles on June 22. These principles were drafted to demonstrate public power support for the reduction of Greenhouse Gases. If adopted by local communities, the principles support public power communities' commitment to implement a greenhouse gases reduction plan and ongoing efforts to procure cost-effective, reliable, and feasible energy efficiency and demand reduction resources proactively in compliance with state law. (Continued on Page 2) RECOMMENDED ACTION: Consider Adoption of the Greenhouse Gas Principles ALTERNATIVE COUNCIL POLICY OPTION: Take no action at this time. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA Jeff Gould, Interim Public Utilities Director Jeff Gould, Interim Public Utilities Director Candace Horsley, City Manager 1. AB 32 Legislative Counsel's Digest 2. California's Publicly Owned Electric Utilities' Principles Addressing Greenhouse Gas Reduction Goals 3. Draft Resolution Adopting Principles Candace Horsley, Manager NCPA requests that each of its members consider adoption of these principles. NCPA would assist Ukiah in the fulfillment of these goals and principles. The California Municipal Utilities Association has adopted a set of principles, in response to the proposed AB-32 legislation and to help tell the good story that public power has to tell. At its June 22 meeting, the Northern California Power Agency (NCPA) Commission adopted the principles and encouraged its members to do likewise. Discussion/Analysis: NCPA believes that adoption of the principles will send a message and also enable NCPA's legislative advocates to properly represent it in the growing discussions surrounding climate change. Some of the major provisions of the principles are: · Develop a plan to reduce greenhouse gases and report this to the California Energy Commission. · Support mandatory greenhouse gas emissions reporting. · Provide measurement and verification. · Continue to aggressively pursue renewable energy supply. · Pursue all feasible and cost-effective energy efficiency (already required under state law). · Quantify the financial risk of greenhouse gas producing resources. · Facilitate distributed generation/combined heat and power projects. · Consider"environmentaljustice" issues. · Not limit investment in energy efficiency to public benefits funds. · Provide education and assistance for customers related to greenhouse gas reduction. The principles acknowledge that some utilities might have already made considerable accomplishments, which should be recognized and credited. Staffing Impact Staff has reviewed the likely increased workload due to this legislation and believes an additional part time staff position would be necessary to comply (this position may need to be full time if handles other related energy regulatory and conservation activities). The work includes developing a local GHG Reduction Plan, performing GHG calculations and analysis, and complying with the reporting requirements. Summary Since the legislation creates mandatory requirement affecting Ukiah, NCPA is requesting that the City adopt the Greenhouse Gas Principles which may assist in developing workable regulatory requirements by the State. Staff recommends adopting the California's Publicly Owned Electric Utilities' Principles Addressing Greenhouse Gas Reduction Goals by adopting the attached resolution. AB 32 LEGISLATIVE COUNSEL'S DIGEST ATTACHMENT 1 Subject: California Legislation and Initiatives affecting Municipally owned Electric Utilities Recent legislation passed by the state of California will have future regulatory requirement impacts on the Ukiah Electric Utility and the Ukiah community. The two main legislative bills passed this session are: AB-32 - California Global Warming Solutions Act of 2006; and AB 2021 - Addition to Public Utilities Code of Section 25310 amending Section 9615 - Public Utilities - energy efficiency. AB-32 AB-32 which was signed into law on September 27, 2006 initiates measures to reduce the Greenhouse Gas emissions -it requires the reporting and verification of statewide greenhouse gas emissions and implements monitoring and enforcement activities. The bill would require the state board by January 2010, to adopt a statewide greenhouse gas emissions limit equivalent to the statewide greenhouse gas emissions levels in 1990 to be achieved by 2020. The board may implement interim measures as early as June 2007. The legislation also requires the establishment of an emissions trading program and provisions for the distribution of emissions allowances. Ukiah and NCPA staff will be required to inventory the emissions from all electricity consumed by Ukiah's consumers, and report greenhouse gas emissions. Considerable staff time will be required to monitor the development of the new regulations, and to perform inventory and reporting activities to comply with the new law and associated regulations. A summary table of the main items in the bill affecting Ukiah is attached with a copy of AB32. AB2021 AB-2021, signed into law on September 29, 2006. This bill would require a local publicly owned electric utility, on or before June 1, 2007, and every 3 years thereafter, to identify all potentially achievable cost-effective electricity efficiency savings and to establish annual targets for energy efficiency savings and demand reduction over 10 years. The bill would require a local publicly owned electric utility to report those targets to the Energy Commission within 60 days of the date of adoption, and report to its customers and the Energy Commission on its investments, programs, expenditures, cost-effectiveness, and results. The bill would also require an annual report to the Energy Commission on investment funding, cost- effectiveness methodologies, and an independent evaluation The stated legislative goal is: "In order to ensure that prudent investments in energy efficiency continue to be made that produce cost-effective energy savings, reduce customer demand, reduce overall system costs, increase reliability, and increase public health and environmental benefits, it is the intent of the Legislature that all load-serving entities procure all cost-effective energy efficiency measures so that the state can meet the goal of reducing total forecasted electrical consumption by 10 percent over the next 10 years." (Quoted from Section 1 (a) of the bill). Staffin.q Discussion Both bills contain requirements that will create a significant new workload for the Ukiah staff as early as the spring of 2007. Given the current staffing levels of the Ukiah Electric Department, this work will require additional staff resources and/or consultants to comply with the requirements of the bill. The current workload to comply with regulatory issues has been growing and is causing other responsibilities of the electric staff to be deferred. The resulting workload deferrals results in less attention to maintenance and operating issues that affect the long term reliability of the electric system. I recommend that a new position be created in the 2007/2008 budget to handle the initial work related to regulatory requirements and energy efficiency issues, and the coordination with NCPA on energy supply and regulatory compliance issues. As the new requirements of AB-32 and AB-2021 are implemented, Ukiah will have to consider increasing staff levels to comply with these mandatory regulatory issues. ATTACHMENT 2 California's Publicly Owned Electric Utilities' Principles Addressing Greenhouse Gas Reduction Goals California's publicly owned electric utilities have a long history of environmental stewardship, investment in renewable technologies, and commitment to energy efficiency. As not-for-profit utilities regulated by local elected officials and ultimately responsible to their customer/owners, they are motivated by providing value to, and responding to the goals of, the community they serve. Publicly owned utilities have been in the forefront of the development of solar energy, wind energy, fuel cells, and energy efficiency. During California's ill-fated electric restructuring exercise, California's publicly owned utilities continued to meet their obligation to serve. Today, they remain vertically integrated entities, planning for the load they serve and investing in energy efficiency and a diverse resource mix to serve that load. California's publicly owned utilities recognize the necessity of reducing greenhouse gas (Ghg) emissions in accord with state policies while maintaining reliability of electric service, public safety, and economic energy prices. They look forward to working collaboratively with both the state and federal governments to develop and implement greenhouse gas reduction programs that involve all sectors of the economy that contribute to greenhouse gas emissions. PRINCIPLES Therefore, the Board of Governors of the California Municipal Utilities Association (CMUA), representing the State's publicly owned electric utilities agree to the following principles and further agree to recommend the adoption of these principles by the governing boards and councils of local publicly owned electric utilities. 1. Each utility will develop a greenhouse gases reduction plan, consistent with the State's reduction goals, adopted by its elected governing board in public hearings, and provided to the California Energy Commission when adopted and whenever updated. Smaller utilities may choose to aggregate their plans into a single, larger plan. Each utility will explore the impact of a "sustainable portfolio" to allow the utility to meet its overall load-based greenhouse gas reduction goals by balancing investments in renewable energy, energy efficiency and demand reduction, carbon trading, carbon emissions mitigation, and/or through other innovative ways. In the design of programs to reduce greenhouse gases emissions, each utility supports the concept of receiving credit for early action to reduce greenhouse gases emissions. 2. As a means of meeting greenhouse gases reduction goals, each utility will proactively implement state law, which requires that "...each local publicly owned electric utility, in procuring energy, shall first acquire all available energy efficiency and demand reduction resources that are cost-effective, reliable, and feasible." Such investment in cost-effective energy efficiency and demand reduction resources will not be limited to public benefits funds allocations. 3. As a means of meeting greenhouse gases reduction goals and meeting energy needs after implementing point 2 above, each utility will first pursue renewable energy supplies, and second, other non greenhouse gas emitting energy resources and clean fossil resources: a. In considering renewable resources in competition with fossil fuel resources each utility will quantify the financial risk of greenhouse gas producing resources in their planning and procurement process, including but not limited to a quantified carbon emissions risk adder for both in-state and out-of-state resources. b. Each utility will continue to aggressively pursue its renewable energy supply in accordance with its renewable portfolio standard (RPS), pursuant to public utilities code section 387. c. Each utility will facilitate distributed generation/combined heat and power (DG/CHP) projects that reduce greenhouse gases emissions in their service territory by evaluating transmission and distribution benefits and providing equitable methods for the DG/CHP owner to sell excess electricity to the host utility. d. Each utility will consider environmental justice issues in its overall resource procurement and greenhouse gas reduction policies. 4. Each utility will support standardized, mandatory greenhouse gases reporting from all significant sources. Smaller utilities may choose to aggregate their greenhouse gases reporting. 5. Each utility will provide measurement and verification of programs that reduce greenhouse gases emissions. 6. Each utility will provide education for its customers on ways that they can reduce their greenhouse gases emissions, and provide assistance where feasible. Any utility that provides financial assistance shall receive credit for appropriate share of the reductions towards that utility's goals. IMMEDIATE ACTIONS The CMUA Board of Governors recommends that all electric utility members initiate the following actions immediately: 1. Obtain governing board or council adoption of these principles. 2. Schedule a joint planning workshop with the California Energy Commission regarding the implementation of these principles. LONG TERM ACTIONS The CMUA members will initiate the detailed actions necessary to implement the principles approved by their governing board or council. RESOLUTION NO. ATTACHMENT 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING CALIFORNIA'S PUBLIC POWER UTILITIES' PRINCIPLES ADDRESSING GREENHOUSE GAS REDUCTION GOALS WHEREAS, the City of Ukiah has a very positive record with regard to the development and use of renewable resources for electricity generation and the implementation of energy efficiency measures with resultant environmental benefits, including reduced air emissions; and WHEREAS, it is widely acknowledged that the emissions of greenhouse gases leads to global warming and potentially catastrophic environmental impacts; and WHEREAS, the California Municipal Utilities Association has developed and adopted California's Publicly Owned Electric Utilities' Principles Addressing Greenhouse Gas Reduction Goals; and WHEREAS, the Northern California Power Agency has adopted the Principles and urged its members to do likewise. NOW, THEREFORE, BE IT RESOLVED that the City Council of Ukiah hereby adopts California's Publicly Owned Electric Utilities' Principles Addressing Greenhouse Gas Reduction Goals and authorizes the actions necessary to implement the principles for the City of Ukiah. PASSED AND ADOPTED this 1st day of November, 2006, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mark Ashiku, Mayor Gail Petersen, City Clerk AGENDA ITEM NO: 1 le MEETING DATE: November 1, 2006 SUMMARY REPORT SUBJECT: ICLEI PROGRAM -INVESTIGATION OF UKIAH PARTICIPATION In August, Council member Rodin and I met with Timothy Burroughs, Program Officer for ICLEI USA, to discuss the "Cities for Climate Protection Program". ICLEI is an international association of local governments, and has about 190 member cities. ICLEI is promoting a voluntary program to quantify Greenhouse Gas Emissions produced by individual communities. The next step is to set long-term community goals to reduce the emissions. Ideally they would like to see emissions levels reduced to 1990 levels over a ten year period as a goal. ICLEI provides technical assistance and guidance to the participating communities and acts as a forum for participants to share information. Community dues for Ukiah to join ICLEI would be about $600 annually. Staff is presenting this item to City Council to give Council an overview of the program and to discuss the associated costs and staffing requirements. Please note that this program does somewhat mimic the requirements under AB32 but we are not able to determine all the differences at this point. Staff is requesting policy direction from Council on whether to participate in this voluntary program due to the significant cost of consulting and the additional staff necessary to participate. (Continued on page 2) RECOMMENDED ACTION: Consider participation in the ICLEI program, including budget and staffing impacts and provide direction to staff ALTERNATIVE COUNCIL OPTIONS: 1. Do not participate in the ICLEI program Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: Mari Rodin, City Councilmember Jeff Gould, Interim Public Utilities Director Candace Horsley, City Manager 1 -ICLEI Brochure Appr°ved: ' ~,~~ Candace Horsley, Manager The ICLEI "Cities for Climate Protection Program" involves a five step process conducted over a ten year period. The steps include: Perform a Community Emissions Inventory_ identifying all greenhouse gas emissions related to energy consumption within the community (electric, heating gas/oil, and transportation related fuels) as well as from community generated wastes. For example this would include quantifying the power plant emissions related to producing the electricity consumed in Ukiah even if the power generation is located outside of Ukiah. This process may take one to two years to complete. The emissions inventory data for city facilities and for Ukiah's electric customers energy consumption would be collected by Ukiah staff members and/or consultants and entered into a software program that is provided by ICLEI. Mr. Burroughs estimated that the data entry effort would take about 10 weeks (typically performed by an temporary intern); however, the staff time to research the required data was unclear. We contacted other participating cities (discussed below) and found that at least 300 hours of data collection staff time will be required for the emissions inventory. The would also be additional costs for consulting assistance. , Set target goals for emissions reductions over the long-term - Mr. Burroughs suggested a ten year period, setting "realistic but aggressive goals" for reducing greenhouse gas emissions through various community programs. The goals could be established either by a community task force or by city policy makers. This process timeframe and staff time required is uncertain. o Develop a Climate Action Plan identifying programs and actions that support attainment of the emission reduction goals for the community. Some programs are specific to government services, such as energy efficiency and renewable energy procurements, and others are focused on residential and commercial opportunities (solar power, energy efficient appliances, insulating homes and businesses, water conservation, etc.) within the community. This phase involves an extensive amount of work that would be performed mostly by consultants. There may also be an opportunity for community volunteer participants to be involved if council wishes to minimize staff time during the Action Planning process. , Implementation of the Action Plan - take steps to implement efficiency and conservation measures over a period of several years. This may involve changes to local regulations, developing conservation programs, updating policies, changing purchasing practices, investing in more efficient equipment, and building upgrades. The implementation will likely occur over a five to ten year period and is dependent on city and grant funding for the improvement projects. Staff time cannot be estimated at this time. o Monitoring and Verification of Results - progress is typically tracked by performing a second emissions inventory (perhaps after five years), and/or monitoring local consumption indicators. This phase of the program will require ongoing staff monitoring, data collection, and reporting annually. Initial Staff Requirements Staff participation by a number of city departments (Fleet, Purchasing, Utility Billing, Planning, and Utilities) will be necessary considering the range of data research and information needed,. We believe that a new city staff (coordinator) position will be necessary to organize meetings, assign data gathering responsibilities, promote the program, and follow up during the data gathering process. A new coordinator position may be needed (see ASR - Legislative Update) to handle the regulatory requirements resulting from state legislation passed this year (AB-32, Green House Gases; and AB- 2021, Energy Efficiency). The ICLEI Program coordination responsibilities could be assigned to this new coordinator position if it is approved. Survey Results - other cities Mr. Burroughs, ICLEI, provided contact names in several other cities so Ukiah could call and discuss their experiences with the Cities for Climate Protection Program. I contacted several cities by phone, and reviewed plans developed by several other cities (posted on their websites). From the discussions with other participating cities, it is estimated that the Ukiah staff time for the first phase (emissions inventory effort) may be in the range of 300 man-hours at about $10,000 and consulting costs would run about $15,000 - $20,000. This equates to about $30,000 for the initial phase. No estimates of the costs for staff time or consultants were identified for the planning, implementation, and reporting phases of the program. State and/or federal grant funding may be available to cover much of the work in the future phases. Sonoma County and their nine member cities participated in a county-wide emissions inventory effort several years ago. The county took the lead role to coordinate the effort. Each city contributed funding toward the effort and they also obtained grant funding. ICLEI has been meeting with Mendocino County officials regarding the Cities for Climate Protection Program. There may be an opportunity for Ukiah and other Mendocino County communities to work together with the County (as the lead agency) to perform a county-wide process similar to Sonoma County. Summary Council should understand that much of the voluntary ICLEI program process will be duplicating Ukiah's efforts to comply with the mandatory requirements of AB-32 and AB-2021. Therefore, staff is requesting direction on whether to participate in the ICLEI program. The workload of existing utilities staff does not allow this program to be assumed without additional staffing. The Council may determine to go forward with the ICLEI program, wait to determine the impacts of AB-32 and what would be duplicated, or have staff contact the county to see if they would be interested in coordinating the effort as was done in Sonoma County. Staff will be available to answer questions. IN A(2TION ICLEI Local Governments for Sustainability Budget-Friendly Tips for Cutting Greenhouse Gas Emissions By reducing greenhouse gas emissions, local governments of all sizes can cut energy costs, improve air quality, stimulate the local economy, and mitigate global warming. Below are six easy ways to get started. Switch to LEDs LEDs or light emitting diodes, are 90 percent more energy efficient and last 6-10 times longer than conventional lights. Save energy and maintenance costs by switching conventional bulbs to LEDs in traffic signals and exit lights. Because these lights are functioning 24 hours a day, the energy and cost savings accrue quickly. Buy Bikes tbr Law Enforcement Officials Bicycles are inexpensive and people-powered. Downsizing some police sedans to mountain bikes in dense urban areas will significantly cut fuel costs, reduce tailpipe emissions, and in times of heavy traffic congestion, increase mobility. Purchase .Energy Efficient Equipment Look for ENERGY STAR labeled equipment-- ENERGY STAR computers use 70 percent less electricity than non-ENERGY STAR equipment. Some ENERGY STAR copy machines reduce paper costs by $60 a month and reduce energy costs at the same time, and fax machines that have earned the ENERGY STAR label can cut associated energy costs by 40 percent. Turn Out the Lights at Night Instituting a "lights out at night" policy in city buildings is an easy and effective way to save electricity, reduce greenhouse gas emissions, and save municipal dollars. This can be accomplished through educational campaigns and through technology, such as timers and occupancy sensors. Lighten Up Rooftops Cool roofs absorb less solar energy and quickly release any heat that they store. Simply adding a highly reflective/emissive coating to a black or metal roof can reduce the need for air conditioning and produce huge annual cost and energy savings while decreasing greenhouse gas emissions at the same time. Encourage Commuters to Ride the Bus Providing incentives for commuters to ride a bus rather than drive a car to work is one way for cities to decrease traffic, free up downtown parking spaces, and reduce emissions too. These can include subsidized or free transit passes, parking cash-out programs, coordinated car or van pools, and programs such as a commuter challenge (for fun and prizes). Local Government Leadership Through Innovation All across the US, local governments are finding innovative ways to reduce emissions while achieving a host of other benefits. EnergF: Effi cienc_y Minneapolis ~ Police Precinct Reno ration The City of Minneapolis recently turned an overcrowded police precinct into one of the community's most innovative green buildings. The city renovated and added on to the existing structure and carried out comprehensive energy modeling to examine the energy use impacts of all new and existing systems. The resulting benefits include approximately 40 percent savings in annual energy costs, a reduction of more than 300 pounds of CO2 emissions, and an anticipated return on investment in less than seven years. Ch ica,e,o ~ Green B unga 1o w In it iative The City of Chicago renovated four bungalow-style homes to determine if the benefits of green building, such as improved indoor air quality and energy efficiency, could be achieved affordably while remaining true to the original spirit of each home's design. Renovation of the homes was completed in 2002 and a subsequent energy analysis showed that the four bungalows together saved -37,000 kWh and ~4,300 therms of natural gas each year. The renovation also prevented 56 tons of CO2 from being released into the atmosphere annually. Simple payback periods for the additional green features of these homes ranged between 4.6 and 8.1 years. 'Ihe green bungalows were projected to yield an average savings of more than $900 per home for heating, cooling, and hot water use in comparison to standard rehab homes. Ann Arbork Municipal Energy Fund Since 1998 Ann Arbor's Municipal Energy Fund has provided city facilities with a source of capital for energy efficiency retrofits. The Energy Fund provides initial capital for new projects and receives 80 percent of projected annual energy savings from each installed project for five years. The five-year payment plan allows projects that have a shorter payback to help support projects with a longer payback, and all savings accrued beyond the first five years remain with the departments implementing the improvements. The Fund was seeded by the city with five annual investments of $100,000, and quickly became self-sustaining Most installed measures have had payback periods of three to six years, and projects supported by the Fund have yielded a total of 685 tons of annual eCO2 reductions. Renewable Energy Montgome0, (;ounty, Maryland's Green Power Purchasing In 2004, Montgomery County led a group of local governments and local government agencies in a wind energy purchase that represents 5 percent of the buying group's total electricity needs. Under the two-year deal, the buying group will collectively purchase 38 million kWh of wind energy annually, translating into a yearly reduction of 21,000 tons of CO2, 95,000 pounds of nitrous oxides, and 1.4 pounds of mercury. The County demonstrated the benefits of renewable energy in meeting the requirements of the federal Clean Air Act by including the wind energy purchase as a control measure for ozone pollution in a "State Implementation Plan" for air quality improvement. The County plans to offset the added expense of the wind power purchase by instituting employee energy efficiency programs such as turning off lights, computers, and office equipment when not is use. Solid Waste San Francisco5 Organics Collection Pro,'ram The City of San Francisco instituted residential curbside collection of organic material as part of its Fantastic Three program. The program provides each household with a green cart for organic waste, a blue cart for commingled recyclables, and a black cart for all remaining trash. Residents and businesses are encouraged to place all food scraps and yard trimmings into the green cart, which is collected for composting at a regional facility. By instituting curbside organics collection, San Francisco became the first large city in the nation to collect food scraps citywide. The Fantastic Three program enabled the city to reach a reported overall 67 percent garbage diversion rate in 2004. ~lhrough outreach and other methods, the City plans to expand the Fantastic Three program and increase both the amount of organics and recyclables collected. The program's expansion is projected to achieve an annual eCO2 reduction of 70,000 tons. SeatHek B.n on Rccyclables from Garbage Since January 2005 the City of Seattle has prohibited the disposal of certain recyclables from residential, commercial, and self-haul garbage by law. ~ihe new recycling ordinance is aimed at eliminating recyclable or compostable paper, cardboard, aluminum cans, plastic bottles, and yard debris that, until recently, have constituted approximately 25 percent of the city's garbage. The city hopes the new ordinance will save residents and businesses as much as $2 million per year and keep future garbage costs low, as well as help to reverse the recent decline in Seattle's recycling rates. The measure is projected to achieve an annual reduction of 260,000 tons of eCO2. Miami-Dade County's Paperless Trajfic Court Voice Response System Miami-Dade County became a pioneer in the realm of waste reduction when it implemented the world's first "paperless' traffic court. Using technology that digitizes paper-based documents and makes them more accessible, both internally and to the public, the county has significantly increased the efficiency with which it handles traffic court cases and reduced the amount of paper used in the process. In addition to the paperless traffic court, the county also implemented an Interactive Voice Response telephone system that enables citizens to pay for traffic and parking tickets over the phone or online, make court dates, or make child support inquiries. The system reduces the need for considerable amounts of paperwork, thereby minimizing waste. It also significantly reduces transportation miles to and from court, eliminating an estimated 1,480,000 vehicle miles traveled and 4,300 tons of eCO2 since its implementation. Tran spor t at ion Kecne's Conversion to Biodiesel From fire engines to snowplows, all 77 of the vehicles in the City of Keene, New Hampshirek Public Works Department are running smoothly on B20 biodiesel. 2he fleet is fueled onsite at the departtnent's pump. 'Ihe biodiesel performs well in cold temperatures and has improved the air quality inside the fleet maintenance facility. The City has burned more than 4,400 gallons of biodiesel since 2002, which prevents an estimated 12 tons of CO2 from entering the atmosphere annually. t tonolulu's Bus Rapid Jhmsi! Program A steady growth in passengers choosing the bus for their commute has accompanied the expansion of Honolulu's Bus Rapid Transit program. Monthly ridership has increased from about 100,000 riders since 1999, when the program began, to over 630,000 in 2005. Assuming that half of BRT ridership represents a shift from trips made in passenger vehicles to trips taken on BRT, this equated to an annual CO2 reduction of approximately 7,000 tons. Porthmdk Light Rail System The TriMet Metropolitan Area Express (MAX) light rail system, serving 64 stations over 44 miles of track in the Portland metropolitan area, sees 97,000 trips each weekday. More than S3 billion in development has occurred along MAX lines since the decision to build was made in 1978. MAX ridership now eliminates 22.2 million car trips per year, offsetting an estimated 26,400 tons of CO2 annually, while reducing traffic, improving air quality, and preserving neighborhood livability. Community Outreach Burlinglonk 10% Challenge 'lhe 10% Challenge in Burlington, VT is a voluntary program to raise public awareness about global climate change and to encourage households and businesses to reduce their greenhouse gas emissions by at least 10 percent. Enlisting innovative outreach methods such as a musical road show called "Beat the Heat;' the program is achieving an estimated annual reduction of 1,500 tons of CO2 in the residential sector alone. Other Initiatives Newarkk ~I}'ee Plantin,d Initiative In 2004 Newark undertook a new project to create a more attractive, healthier, energy-efficient city with one simple tool: trees. Utilizing funding from a statewide urban forest energy efficiency initiative called "Cool Cities;' Newark planted 500 trees in strategic areas to employ the tree's energy efficiency and air pollution reduction benefits. The City anticipates each tree to reduce heating and cooling costs by up to 12 percent for buildings that are shaded by the trees, which will in-turn reduce energy use and greenhouse gas emissions. Take Action! Develop A Local Action Plan Is your community ready to save money and increase livability while reducing greenhouse gas emissions? Get started by developing a Local Action Plan. The process outlined below will help identify tried-and- true, budget-friendly opportunities and innovative new custom projects that can reduce greenhouse gas emissions in your jurisdiction. Select the best combination of projects that will enable your community to achieve its emissions reduction target and include them in your Local Action Plan. Step 1 Identify existing programs already reducing greenhouse gas emissions Does your city have a curbside recycling program or provide incentives for carpooling or riding public transport? Have any city buildings been retrofitted? Often there are many existing projects and programs already running in your jurisdiction to save money, increase energy efficiency, reduce solid waste, or improve local air quality. Find out what they are and if they are also reducing greenhouse gas emissions. Step 2 Quantify emissions reductions already achieved Use ICLEI's quantification software to measure the greenhouse gas reduction benefits of your jurisdiction's existing programs. As you learn which programs are most effective at reducing emissions, you can apply this knowledge in planning future projects. Add together the reductions you have already achieved to determine how far your local government has already come toward meeting its emissions reduction target, and how far you still have to go. Step 3 Idemit~, new opportunities fl~r fl~rther redu,:ing emissions Consider the results of your greenhouse gas inventory and forecast--as well as sample projects implemented by your peers across the ICLEI network--in order to identify new reduction measures that maximize cost effectiveness, minimize staffing needs, build political support, raise public awareness, and create co-benefits such as new jobs and improved public health. Use ICLEI's quantification software to measure the emissions reductions of each proposed project and compare your total planned reductions to your community's emissions reduction target. Step 4 Put everything together: Create your Local Action Plan Once the total reductions resulting from your existing and planned projects meet your community's reduction target, it's time to incorporate all of these projects into a Local Action Plan. ICLEI's website [~v~wv iclci.~rg/usa] provides links to sample action plans created by other local governments in ICLEI's Cities for Climate Protection" network.