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HomeMy WebLinkAbout2007-01-03 Packet CITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 January 3, 2007 6:00 p.m. 5:30 p.m. Redevelopment Meeting 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCF = = m PROCLAMATIONS/INTRODUCTIONS/PRESENTATiON~ a. P_.roclamation Recognizing Hospice of Ukiah's Service to the Residents of Ukiah by c, elebrating its 25th Year Silver Jubilee b. Proclamation Recognizing Martin Luther King Day c. Introduction of New Employee - Hermano Moore, Firefighter/Paramedic PETITIONS AND COMMUNICATIONR APPROVAL OF MINUTE,~ a. Planning & Building Workshop Minutes of November 15, 2006 b. Regular Meeting Minutes of November 15, 2006 c. Regular Meeting Minutes of December 6, 2006 RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 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. Rejection of Claim for Damages Received from Vincent Rosenbalm and Referral of Claim to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund b. Status of Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency c. Award of Bid for Pad Mount Transformer in the Amount $28,767.00 for and Funded by the Ukiah High School Modernization Project d. Authorize the City Manager to Negotiate and Execute a Memorandum of Understanding with the Coyote Valley Tribe for a Reciprocal Agreement Between Facility Use & Recreation Programs AUDIENCE COMMENTS ON NON-AGENDA ITEM,~ The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. = PUBLIC HEARINGS (6:15 PM) a. Approval of Application to Demolish a Structure Over 50 Years Old Located at 1012 West Clay Street, Ukiah 10. UNFINISHED BUSINESR a. Introduction of Ordinance Amending Ukiah City Code Section 3236 to Make Violation of Sign Ordinance an Infraction b. Status Report Concerning the Downtown/Perkins Street Form Based Code Project c. Approve Amendment No. 3 to the Agreement for Professional Services with EBA Engineering Dated February 6, 2002; Authorize the City Manager to Execute the Amendment No. 3, and Authorize a Budget Transfer of $85,695 from the Unencumbered Public Works Allocation Within Fund 105, Measure S, to Budget Account 664.3401.250.001, Consultant Services d. Award Consultant Service Agreement to Winzler and Kelly with Compensation Not to Exceed $91,900 for the Preparation of Plans and Specifications for the Re-Alignment of Gobbi Street at Oak Manor Drive and Babcock Lane, Authorize the City Manager to Execute the Consultant Service Agreement and Authorize a Budget Transfer of $91,900 from the Public Works Fund 303 (Gas Tax) to Budget Account 100.3001.250.000, Consultant Services 11. NEW BUSINESS a. Discussion and Action Concerning Property Owners Request for City Initiated Annexation of the Brush Street Triangle b. Status Report on the Anton Stadium Renovation Project and Authorize Staff to Proceed with the Demolition and Reconstruction Process c. Approval of the Purchase of One Go-4 Parking Patrol Vehicle from Municipal Maintenance Equipment Inc. in the Amount Not To Exceed $33,042.62 and Request Budget Amendment for Same d. Discussion of Budget Process and Goals Meeting 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 houm prior to the meeting set forth on this agenda. Dated this 29th day of December 2006. Gall Petersen, City Clerk PROCLAMATION RECOGNIZING HOSPICE OF UKIAH'S SERVICE TO THE RESIDENTS OF UKIAH BY CELEBRATING ITS 25m YEAR SILVER JUBILEE WHEREAS, Hospice of Ukiah was one of the pioneer hospices in Northern California and the first hospice in Mendocino County and the only volunteer hospice serving inland Mendocino County; and WHEREAS, as a volunteer hospice their services are given without charge to patients or any other funding source. Hospice of Ukiah is funded totally by donations from the people of Ukiah and Mendocino County and proceeds from Hospice Thrift and Gift store at 724 South State Street; and WHEREAS, the volunteer Board of Directors of Hospice of Ukiah all live or work in Ukiah; and WHEREAS, the Hospice team offers interdisciplinary care through its patient services coordinator, home health aids, referral for skilled nursing, spiritual support, counseling, patient and family volunteers, and bereavement and grief support groups; and WHEREAS, the Hospice program is based on the belief that people with terminal illnesses can live and die comfortably among family and friends in familiar surroundings; and WHEREAS, Dr. Cicely Saunders, the founder of the Hospice movement some 40 years ago, said, "You matter to the last moment of your life, and we will do all we can, not only to help you die peacefully, but also to live until you die." NOW, THEREFORE, I, Mari Rodin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, John McCowen, Douglas Crane and Benj Thomas wish to commend Hospice of Ukiah for its service to the Ukiah community in celebration of its 25th Year Silver Jubilee and thank the many volunteers whose dedication, hard work and compassion have provided much care and comfort to those in our community suffering from terminal illnesses. January 3, 2007 Mari Rodin, Mayor 3b PROCLAMATION WHEREAS, January 14, 2007, will be Ukiah's fourteenth annual observance of the National Holiday celebrating Rev. Dr. Martin Luther King, Jr. Day, and WHEREAS, this event was established in Ukiah in 1994 to promote human harmony and encourage the elimination of prejudice and discrimination of all people, and WHEREAS, racism and discrimination continues to be challenging issues confronting America today, and WHEREAS, we are all responsible for the achievement of peace, equality, unity and justice for all in this Nation if we are to make Rev. Dr. King's dream a reality. NOW THEREFORE, BE IT RESOLVED, that the Ukiah City Council officially recognizes the activities that are being planned by the Mendocino County Martin Luther King, Jr. Organization (McMLK) and friends in observance of Rev. Dr. King's birthday and legacy. BE IT FURTHER RESOLVED, that the Ukiah City Council recognizes McMLK's mission to "Move Beyond Tolerance" by enhancing the innate spirit of human kindness; through events and projects. NOW, THEREFORE, I, Marl Rodin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, John McCowen, Douglas Crane and Benj Thomas do hereby offer our support of MARTIN LUTHER KING DAY events being held on January 14, 2007 and urge all citizens to actively participate in the scheduled event to honor the memory and significant contributions of the outstanding human being. January 3,2007 Marl Rodin, Mayor AGENDA SUMMARY ITEM NO. 3c DATE: January 3, 2007 REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - HERMANO MOORE, FIREFIGHTERJPARAMEDIC The Fire Department is pleased to introduce another new Career Employee. Tonight A Shift will present Firefighter/Paramedic Hermano Moore. Hermano "Mano" Moore started out his career with the Fire Department as a Limited Term Fireflghter in August, 2004 and served 14 months in that capacity. Mano then went on to serve as a Volunteer Fireflghter until he recently received his Paramedic License. He returned to the Fire Department as a Career Employee Firefighter/Paramedic assigned to "A" Shift in October, 2006. In his spare time, Mano participates in kick boxing and Ultimate Frisbee. Mano's wife, Shannon Riley, worked for the City Manager, Candace Horsley, as her assistant for several years. She and Mano then opened their store "Shoefly & Sox" here in town. Mano and Shannon have a delightful two year old daughter. Please join us in welcoming this new employee. RECOMMENDED ACTION: Welcome Hermano Moore to the City of Ukiah. ALTERNATIVE COUNCIL OPTIONS: N/A Citizens Advised: N/A Requested by: N/A Prepared by: Cynthia Stanford, Administrative Secretary Coordinated with: Tony Clarabut, Fire Chief and Candace Horsley, City Manager Attachments: None APPROVED: Candace Horsley, City Mana~ CITY OF UKIAH CITY COUNCIL SPECIAL MEETING MINUTES PLANNING & BUILDING ACTIVITIES WORKSHOP CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 15, 2006 4:30 p.m. Sa The Ukiah City Council met at a Special Meeting on November 15, 2006, the notice for which being legally noticed on November 9, 2006. Councilmember Rodin called the meeting to order at 4:52:27 PM. Roll was taken with the following Councilmembers present: Crane, McCowen, and Rodin. Arriving at 5:22 PM was Mayor Ashiku; and arriving at 5:35 PM was Vice Mayor Baldwin. Staff present: City Manager Horsley, Director of Planning and Building, Stump, Associate Planner Lohse, and Deputy City Clerk Brown. PLANNING & BUILDING ACTIVITIES WORKSHOP Director Stump introduced the topic. The Building Department issues about 600 permits per year. The first four months of this fiscal year we have taken in 100 more permits than last year during the same time. The Building division is working at capacity. Staff wants to develop an un-reinfomed masonry program, policies and procedures, etc., and put the information on the website for the benefit of the public. Ongoing education and training: Council increased the training budget, and staff is taking advantage of that. Building Inspector David Willoughby is very close to being certified as a plans examiner and checker and is pursuing his building official certification. It gives him a lot more knowledge, and should frae Director Stump up more, as Mr. Willoughby would be more vested with decision making in building matters. More public outreach is desired, meeting with people using Community Development services to create more of a team atmosphere with the people we serve. Finally, staff is cross-training in all divisions. Council Questions/Discussion Staffinq Difficulty was noted in keeping fully staffed; Mr. Stump discussed the economics of hiring a contract planner versus a City employee. Code Compliance Concern was expressed about code compliance, and it may well be appropriate to deal with it in its own right in a workshop setting. Topics included: · Overview should be done of ordinances. · What are the linkages we have between issuance of business licenses and checking for compliance under the provisions of the California Building Code? We do have linkages: the business license is routed through Fire, Building, and Planning for signoff, and often involves inspection by the fire and building departments for occupancy. What drives the inspection? Change of occupancy. · Under 'q'he Future, item 5: develop programmatic approach, with emphasis on education:" What documents will be used in the effort? At this point it is the ordinances themselves. · Discuss in more detail how to evaluate ordinances we have, determine what our carrying capacity is. · Even-handed enforcement. Police/Parking Officers/Street Sweepers can assist. · If insufficient staff, should we not have the law? · If not enforced, then does ordinance serve a purpose? · '~/Vhat are our options?" · Downtown broken windows not allowed in business district, yet we have some. Council took time to develop, staff took time to make the ordinance, to what end? In the instance of a burned-out building, we're able to use that ordinance to say either move forward and do something, or there will be penalty. · Criteria to establish priorities: aesthetics -health and safety. We need to define priorities. How are we going to decide what our carrying capacity is? Past Councils have said we don't want Gestapo techniques and have set certain limits - but each Council has different ideas, so that's a good discussion. · There are two A-frame signs by the Airport, in the public way, that don't conform to our ordinance. The City owns the airport and street in front. The City is both rule maker and owner of the land, so we should be in compliance. A consolidated sign would make it obvious what the businesses are that are at the Airport, with possibly the City maintaining the structure and then the individual placards placed on it depending on the businesses that are there, would make sense. · If we are gong to take time to have ordinances, we should have an outcome for our rules. · Every government body would like to pass more regulation as time goes on-- rarely do City's ever retreat. · Worse than new laws, are laws that conflict with each other. Outreach Meetinqs · Referenced number 10, Outreach Meetings: Frequency? Probably a couple of times per year, or more frequent, if desired. A suggestion was made to schedule in conjunction with the realtors meeting--go to realtors meeting to open the dialog, instead of hosting. Their turf might make for better dialog-- more open to input. Public Comment: 5:35:05 PM Mary Anne Miller offered suggestions for staff employment, and Outreach Meetings. ADJOURNMENT OF WORKSHOP There being no further business, the meeting was adjourned at 5:41:54 PM Deputy City Clerk Linda Brown 1-rEM NO: 8a DATE: January 3, 2006 UK:~AH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUB3ECT: DI'SCUSSI'ON AND POSSTBLE Ac'r~ON CONCERNTNG CORRESPONDENCE RECEIVED FROM THE FORD STREET PRO3ECT AND RURAL COMMUNI'T~ES HOUSING DEVELOPMENT CORPORATION REGARDI'NG THE AFFORDABLE HOUSI'NG FUND D1[STRI'BUTTON FORMULA SUMMARY: Mark Rohloff of the Ford Street Project and Duane Hill of the Rural Communities Housing Development Corporation have submitted a letter expressing concern about the recently adopted formula for allocating funds for affordable housing projects. Specifically, they indicate that the 50% (RDA reserve), 25% (allocation), and 25% (reserve or allocation) results in a disappointingly small amount of funding for local projects. They have requested that their letter be placed on the Agenda and that they be provided an opportunity to discuss this matter with the Agency. Background: At its May 3, 2006 meeting, the Redevelopment Agency adopted a Resolution modifying the affordable housing set-a-side fund allocation program. Tn November 2006, the Resolution was slightly modified to accurately reflect the intent of the Agency (Attachment No. 2). In the past, the program offered 100% of the available set-a-side funds for allocation. The modified program reserves 50% of the available funds for a large project and designates 25% of the funds for allocation to local affordable housing projects. The remaining 25% would be earmarked for the reserve, but would be available for allocation on a case-by-case basis. The decision to modify the allocation formula was made after discussing the matter a number of times, including at a joint meeting with the Low and Moderate Income Housing Advisory Committee. RECOMMENDED Ac'r~ON: Review the submitted letter, discuss the RDA affordable housing 20% set-a-side allocation formula, and provide direction to Staff, ALTERNATIVE COUNCIL POLICY OPT/ON: Do not review the letter and provide direction to Staff. Group Advised: Low and Moderate Income Housing Advisory Committee Requested by: Ford Street Project and RCHDC Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: :~. Letter from Mark Rohloff of the Ford Street Project and Duane Hill of the Rural Communities Housing Development Corporation. 2. RDA Resolution 2006-15 modifying the affordable housing set-a-side allocation formula APPROVED~ ', --~ Candace Horsley, City Ma~t~l~er A'I-rACHMENT. RECEIVED November 6, 2006 Dear Members of the Ukiah Redevelopment Agency: NOV 0 9 2005 CIr/OF UKIAH PLANNING DEPT. We, the undersigned, are writing to express the concern of our organizations regarding the relatively small amount of Redevelopment funds currently available to interested agencies and individuals. Our understanding is that there is approximately $1 million of Redevelopment funds presently held in reserve by the City of Ukiah for its own use. We further understand that the 5C~/o-25%-25% distribution formula devised by the URA does not apply to this reserve. An additional $400,000 of tax increment receipts are evidently available for the fall allocation, and this amount is subject to the above distribution formula. In other words, it appears quite possible that, with approximately $1,400,000 of Redevelopment funds in hand, no more $100,000 will be available to agencies or individuals seeking to create affordable housing in the Ukiah area. Given the fact that the Low and moderate Income Committee has not formally considered applications for the better part of two years, thus giving Redevelopment funds ample time to accumulate, $100,000 seems to us a disappointingly small amount We have been informed that the URA has not identified a project of interest for the investment of its share of funds. In light of the fact no projects are currently in the works, we respectfully request that the City Council revisit the Redevelopment allocation process, at least temporarily, for the purpose of making additional funds available for existing projects. Finally, we would appreciate the opportunity to discuss this issue in with you in slightly greater detail at the next (November 15~) Redevelopment meeting. Thank you for your consideration. Executive Director Rural Communities Housing Development Corporation Executive Director Ford Street Project ATTACHMENT URA RESOLU'FION NO. 2006-15 AMENDMENT TO RESOLU'I'ZON OF THE UKTAH REDEVELOPMENT AGENCY ESTABL1~SHI'NG NEW APPROACH TO THE ALLOCA'rZoN OF HOUSTNG SETASt'DE FUNDS WHEREAS, on December 18, 1991, the Uki'ah Redevelopment Agency (URA) adopted Resolution 92-2 approving the URA Iow and moderate income housing set-a-side allocation program; and WHEREAS, on February 19, 1997, the Redevelopment Agency adopted resolution 97-4 revising the URA Iow and moderate income housing set-a-side allocation program; and WHEREAS, the Redevelopment Agency has discussed the allocation program with the Low and Moderate Income Housing Advisory Committee and explained its desire to reserve a portion of the housing set-a-side funds for a large project; and WHEREAS, the Redevelopment Agency, while committed to utilizing the housing set-a-side funds for local projects to address Iow and moderate housing needs, has determined that a portion of the funds should be held in reserve for a large affordable housing project; and WHEREAS, on May 3, 2006, the Redevelopment Agency adopted resolution 2006-10 revising the UPA Iow and moderate income housing 20% set-a-side allocation program; and NOW, THEREFORE, the Ukiah Redevelopment Agency does hereby resolve: 1. 50% of the annual Redevelopment Agency housing set-a-side fund shall be held in reserve for a City large major project to the maximum'accrual permitted by law; and 25% of each annual Redevelopment Agency housing set-a-side fund shall be allocated to local Iow and moderate income housing projects pursuant to the process and procedures established by Resolution 97-4; and 25% of each annual Redevelopment Agency housing set-a-side fund shall be added to the major project reserve or allocated to local Iow and moderate income housing projects at the discretion of the Agency on an annual basis. P/~SED AND ADOPTED this 15m day of November 2006, by the following roll call vote: YES: NOES: None ABSENT: None ABSTAIN: None Commissioner Crane, McCowen, Rodin, Baldwin and Chairman Ashiku A'I-FEST: '~ail Petersen, Secretary ~arl~ Ashi~u, Chairman CITY OF UKIAH CITY COUNCIL Regular Meeting Minutes CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 November 15, 2006 6:00 p.m. 5b 4:30 p.m. Workshop: Planning & Building Activities The Ukiah City Council met at a Regular Meeting on November 15, 2006, the notice for which being legally noticed on November 9, 2006. Preceding the regular meeting was a Planning and Building Activities Workshop that began at 4:30 pm. The transcription of the workshop is a separate attachment to the Minutes of the Regular November 15, 2006 City Council meeting. Mayor Ashiku called the regular meeting to order at 6:09:15 PM Roll was taken with the following Councilmembers present: Crane, McCowen, Rodin, Vice Mayor Baldwin and Mayor Ashiku. Staff Present: City Manager Horsley, Building and Planning Department Director Stump, I.T. Supervisor Butler, Finance Director Smith, City Attorney Rapport and City Clerk Petersen 2. PLEDGE OF ALLEGIANCE was led by Councilmember McCowen. PROCLAMATIONS/INTRODUCTIONS/PRESENTATION~ a. Proclamation Ukiah Valley Association for Habilitation Celebrates 45th Anniversary Councilmember Rodin read and presented the Proclamation declaring November 20, 2006, Ukiah Valley Association for Habilitation Day, to Pam Jensen, Director. PETITIONS AND COMMUNICATIONS None APPROVAL OF MINUTES None RIGHT TO APPEAL DECISION Mayor Ashiku read the Right to 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. Vice Mayor Baldwin (conflict due to lease by Mayor) M/S Rodin/McCowen to approve the Consent Calendar Items 7.a. through 7.1 a. Report of Disbursements for Month of October 2006 b. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment Emergency c. Authorize Budget Amendment for Expenditure of $110,000 for Additional Work for Mendocino Drive Storm Drain Replacement Project and Direct the City Manager to Execute the Contract Change Order d. Rejection of Claims for Damages Received from Fairfield Inn & Suites, Thomas W. Davenport, and the Baking Company of Ukiah and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund o e. Approval of Notice of Completion for Slurry Seal Aprons at Ukiah Regional Airport, Specification No. 06-09 f. Adoption of Resolution Approving Request to Caltrans for Matching Funds to Federal Aviation Administration (F.A.A.) Grant No. 3-06-0268-09 g. Report to City Council Regarding the Annual Purchase of Fertilizer, Grass Seed, Insecticide, and Fungicide From Sierra Pacific Turf Supply for the Ukiah Municipal Golf Course in the Amount of $6,846.77. h. Approval of Contract with Pacific Municipal Consultants to Provide Temporary Contract Planning Services and Budget Amendment i. Approval of Notice of Completion for CMU Block Wall - 182 E. Gobbi, Specification No. 06-13 j. Rejection of Claim for Damages Received from Chardelle Cadogan and Referral to Joint Powers Authority, Redwood Empire Municipal Insurance Fund k. Notification of Purchase of Computer Hardware for the Grace Hudson Museum's Education Programs from PC Mall Gov for the Amount of $5,917.86 I. Report to the City Council Regarding Acquisition of Consultant Services from Winzler & Kelly to Assist Staff with Revision and Implementation of the Sewer Lateral Testing Ordinance for an Amount Not to Exceed $10,000. 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 Paul Richie, City of Ukiah Airport Manager, extended his appreciation to the Ukiah Valley Association for Habilitation who has been providing services such as gardening and landscaping to the Airport for over ten years. Brenda Christian, Executive Director of the Ukiah Senior Center, requested the City of Ukiah construct an ADA-compliant curb in front of the property. Due to budgetary constraints, the Center does not have the funding. City Manager Horsley was requested to research the request and if appropriate, agendize the matter as a request for assistance by the City. PUBLIC HEARINGS (6:15 PM) 6:18:11 PM a. Discussion and Direction Concerninq Draft Revised City of Ukiah Sphere of Influencn Boundary Mayor Ashiku reported that the City Council members participating on the sub-committee are Mayor Ashiku and Councilmember McCowen. Supervisors Wattenburger and Delbar represent the County of Mendocino. As presented, the draft Sphere of Influence map incorporates the 1995 General Plan Sphere of Influence, delineates the City of Ukiah's city limits, indicates in yellow, the discussion area for the 2006 Sphere of Influence as well as identifies the ridge line and the Russian River. Specific areas the sub-committee have identified needing further discussion include: · Lands East of Hwy 101, between 101 and Babcock Lane and between Talmage and Gobbi Street; · Not shown on the map and consideration to include, is the strip of land between Hwy 101 and North State Street north to Lake Mendocino Drive; · How far north should the boundary be? · Northwest and southwest - the boundary shown includes the ridge line, should the parcel lines be squared up? · Is it appropriate to change the Sphere of Influence at all (shown in purple on the map) from what is depicted in the 1995 General Plan? · The need to complete the City's Municipal Service reviews for submittal to LAFCO. · The need to submit an application to LAFCO to adopt an updated Sphere of Influence. · Should lands zoned within the agricultural preserve be included in the Sphere of Influence? Responding to a request from Councilmember Rodin, Director Stump provided a brief description of the significance of the Sphere of Influence, stating that each City, per law, is to have a Sphere of Influence to represent the ultimate limits to which the City will extend its services, embrace new territory, and anticipate its growth over the next twenty years. LAFCO Executive Officer Frank McMichael stated that LAFCO encourages urban level development to occur in cities however, the difficulty is that there is urban level development outside the City and districts that are providing services to those areas. If the City annexes, service disconnect problems may occur. In response to Councilmember Rodin, Mayor Ashiku agreed that the sales tax sharing agreement and the Sphere of Influence are intertwined. Discussions can be in regard to both issues. Supervisors Wattenburger and Delbar were invited to the podium for comment. 6:55:21 PM Referring to the draft map, Supervisor Wattenburger stated the Supervisors do not want to include the Babcock Lane - Highway 101 area. They do want to see the strip between Highway 101 and North State Street included. Supervisor Wattenburger stated it is his goal to have the Ukiah Valley Area Plan completed by December 31, 2007 and concurred with Councilmember McCowen that the boundary revision of the Sphere run parallel with the UVAP process and completion date. Supervisor Delbar concurred. 7:13:43 PM PUBLIC COMMENT: Andrew Nichol stated his agreement with the draft map as proposed only if the City allows development. 7:18:25 PM Lisa Hillegas, Supervising Attorney for Legal Services for Northern California, advised that the County's Planning Department is working on a project to convert what is now Iow income housing located at 175 Laws Avenue, to condominiums stating if approved, the new housing will dislocate forty families. 7:20:30 PM Carre Brown of the Mendocino County Farm Bureau and committee member of the Growth Management Steering Committee, stated in 1988, the City was asked if it would adopt a Right to Farm Ordinance; this never occurred. Ms Brown discussed agricultural lands and provided the history of the Lover's Lane area. John Grothe, Redwood Valley Water District questions where the water will be coming from. 7:29:22 PM Mary Anne Miller voiced her opinion that more information and public participation is needed. 7:34:54 PM Steve Scalmanini questioned what the next steps are and will this process run parallel with the UVAP process. 7:37:41 PM Lee Howard recommended the Sphere remain as suggested in 1995 since it is only eleven years into the twenty-year period and no movement has taken place to move into the Sphere. 7:43:19 PM PUBLIC COMMENT CLOSED. Councilmember Baldwin questioned if the Sphere project would pre-empt the Ukiah Valley Area Plan? Director Stump responded that as the UVAP process moves forward, it will mold the Sphere's lines. 7:46:44 PM Councilmember Rodin extended her appreciation to the sub-committee. She would like the sub- committee to look at incorporating the current urbanized areas (north/sound and outside the City's 11. limits) into the City's limits in order to prevent sprawl. Mayor Ashiku advised that this matter was discussed and the concept of having housing developments, annexed into the City was a principal discussed by the sub-committee and is a planning process consistent with the UVAP. 7:53:44 PM Councilmember Crane recommended that "density" be part of the discussions. Mayor Ashiku asked for concurrence that, in principal, the Council agrees with this draft map, taking into consideration that agricultural lands may be removed and Babcock Lane and other boundaries may be modified. 8:06:12 PM Upon Consensus, the draft map is to be referred back to the sub-committee to be refined and brought back to the City Council for review prior to submitting to the County. The sub-committee meeting is scheduled for November 20, 2006. In order for public to have input prior to the County Board of Supervisors meeting scheduled for December 5, 2006, this meeting will be adjourned to November 27, 2006 at 5;30 pm. NEW BUSINESS a. Discussion and Approval of Sales Tax Revenue Sharin;I Proposal Bet'.':=cn the City of Ukiah and Mendocino County RECESS 8:11:40 PM to 8:15:52 PM Mayor Ashiku pointed out that the basic principal guiding the sales tax revenue sharing proposal between the two jurisdictions was that whatever the decision; the outcome would benefit the citizens. He further stated that not having an agreement causes competition between the jurisdictions and the agreement provides the opportunity for the City and County to work cooperatively on planning issues. The agreement is proposed to be for twenty years with annual independent audits and a five year review period. Mayor Ashiku read the nine elements contained within the proposed sales tax revenue sharing proposal: and referred to the "annexation discussion principals". Discussion ensued regarding the elements to the proposal specifically, element #2 regarding the 65% City/35% County split for increases to current revenue from the 2005 base year Additional discussion focused on the possible negative affect to the Airport Business Park should building occur north of town, property tax sharing agreement(s) that will be addressed during the LAFCO process, and communication that has occurred with Public Safety regarding possible impact on services. 8:29:56 PM Supervisor Wattenburger stated that the guiding principal is, what is best for the community. He further stated that Mendocino County Interim Executive Chief Officer, Al Beltrami is supportive of the proposed agreement. PUBLIC COMMENT OPENED 8:55:08 PM Chief Dan Grebil, Ukiah Valley Fire District requested verbiage be included within the Agreement to exclude funds from Proposition 172. and asked that for future annexations, the Fire District not be detached. Chief Grebil stated that under automatic and mutual aid agreements, the District responds into the City and requested the City, as a matter of cooperative agreement, not detach the Fire District for future annexations, including the proposed Brush Street triangle. Mayor Ashiku requested Chief Grebil e-mail the City Manager with his concerns. 8:59:33 PM LAFCO Executive Officer McMichaels stated he believes the tax sharing and jurisdictions 4 10. working and planning together is a win - win situation. 9:02:54 PM Richard Shoemaker stated the tax sharing agreement is a good idea and commended the jurisdictions for working together. He expressed concerns about retail development and recommended that issues regarding sprawl, retail development and solid planning be part of on-going discussions. 9:05:47 PM MaryAnn Miller voiced concern that the agreement spurs retail development rather than industrial. PUBLIC COMMENT CLOSED 9:08:57 PM M/S Crane/Baldwin to continue this process Motion withdrawn by Councilmember Crane Motion revised/S Crane/Rodin to accept the Agreement in principal to proceed with refining the Agreement and move toward a tax sharing agreement. Discussion: Councilmember Baldwin expressed the need for more citizen input and he is in favor of only conceptual approval. Cuncilmember McCowen stated this action is approving a concept to continue, refine and move toward a tax sharing agreement. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None Supervisor Delbar 9:25:34 PM expressed his appreciation for the approval in concept of this Agreement and invited the City's subcommittee to their 12/5 meeting. Councilmember McCowen will attend the meeting. UNFINISHED BUSINESS a. Approval of Contract with the Phillips Group to Provide Structural En.qineerin.cI Plan Check and Substitute Buildinq Inspection Service,= Planning Director Stump stated the contract presented will approve a second structural engineering firm to help with the increased number of plan checks and to also assist with building inspection services. M/S Rodin/McCowen to approve contract with The Phillips Group to provide structural engineering plan check and substitute building inspection services. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT; None b. Discussion and Possible Extension of the Review and Comment Period on the Notice of Preparation for the Water Riqhts Permit Amendment Environmental Impact Report 9:36:25 PM City Attorney Rapport provided a brief report, suggesting the extension of the review and comment period which would allow additional comments by the public and adequate time to meet with, or receive comments from, Millview and Willow Water Districts. Councilmember Crane stated he hoped to have discussions with the Farm Bureau regarding their views on properties between the river and current boundary of the City. 9:38:21 PM PUBLIC COMMENT OPENED9:39:31 PM Carre Brown, Mendocino County Farm Bureau, stated the Farm Bureau supports an extension. 5 11. 12. MIS McCowen/Crane to reopen the comment period and extend to January 15, 2007 and include any comments that may have been received when the comment period was closed. Discussion: Councilmember Baldwin stated that in the interim, staff should analyze the possibility that if we were allowed to use water that has not been contracted for with the Flood District, or the 800 acre feet we have contracted for, can these be used during an emergency situation without having to go through expensive process of change of place of use. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None NEW BUSINESS Approval of Response to the Grand Jury Water Report 9:44:28 PM City Manager Horsley reviewed the staff report and response to the Grand Jury regarding water. Comments were made as follows: ~ Page 2, Item 22: "..each district would require approval from the SWRCB and LAFCO for a change in the place of use, as recommended by Councilmember Baldwin. Councilmembers McCowen and Rodin asked for this item to be continued to November 27, 2006, as they have comments to bring forward for consideration. Introduction of Ordinance Amending Ordinance 895 and Ukiah Redevelopment A.qenc¥ (URA) Resolution No. 99-1 By Revisin.q Redevelopment Aqency (RDA) Plan Time Limit; for Incurring and Repayment of Debt and for the Effectiver~e_~; of the Plan Finance Director Smith provided a brief report stating it is necessary for the City to approve the Ordinance, as the Redevelopment Agency already has given approval. M/S McCowen/Crane to introduce the Ordinance by title only Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None MIS Rodin/Crane to Introduce the Ordinance Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None Authorize the City of Ukiah Information Technoloqv (IT) Department to Enaaae At&T/Cisco to Perform Upqrades to the Ukiah Civic Center Campus Network Infrastructure; Authorize Budqet Amendment for Sam~ IT Supervisor Butler, was present to answer questions. M/S Rodin/McCowen to approve a budget amendment to fund an upgrade in the core network infrastructure to support the critical information System needs of the City in an amount of $43,944.00. Motion carried by the following roll call vote: AYES: Crane, McCowen, Rodin, Baldwin and Mayor Ashiku; NOES: None; ABSTAIN: None; ABSENT: None COUNCIL REPORTS Councilmember Rodin reported that February 2, 2007, is the Redwood Empire Division meeting for the League of California Cities. Councilmember Rodin is the President of the Division and invited ail Council members to attend the meeting that will be held in Ukiah. A Chamber of Commeme Holiday Mixer held at the Conference Center was successful, in part, due to the creative table and seating arrangements arranged by Kerry Randal. 13. 14. 15. Councilmember Crane reported that at the Ukiah Valley Sanitation District's meeting held today, the representatives continue to work toward documents for governance, agreements for services with the County for capacity from the County's Administrative and Clerk's office and working towards a lateral inspection ordinance. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley reported that per correspondence received from the State, the City of Ukiah has no obligation toward repairs to the tennis courts at the High School. CLOSED SESSION ADJOURNMENT There being no further business, the meeting was adjourned to November 27, 2006 at 10:09 PM Gall Petersen, City Clerk 7 CZTY OF UICTAH CTTY COUNCZL Regular Meeting Minutes CZVZC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 December 6, 20065:19:00 PM 6:00 p.m.5:16:17 PM 5:15 p.m. RecepUon for New Council/Outgoing Mayor 6:00 p.m. The Ukiah City Council met at a Regular Meeting on December 6, 2006, the notice for which being legally noticed December 1, 2006. Preceding the regular meeting, was a reception for the New City Council and outgoing Mayor Mark Ashiku. The reception was held from 5:15 p.m. to 6:05 p.m. Mayor Ashiku called the meeting to order at 6:10 p.m. Roll was taken with the following Councilmembers present: Crane, McCowen, Rodin, Vice Mayor Baldwin and Mayor Ashiku. Staff present: City Manager Horsley, Building and Planning Department Director Stump, Public Works Director Eriksen, Chief of Police Williams, Fire Chief Clarabut, Community Services Director Sangiacomo, City Attorney Rapport and City Clerk Petersen 2. PLEDGE OF ALLEGIANCE was led by Councilmember Rodin. 3. PROCLAMAlIONSlINTRODUCTTONS/PRESENTAT~ON~ a. Commendation to Mark LaRose, President and CEO of Ukiah Valley Medical Center. Mayor Ashiku presented the Commendation to Mark Larose. Mr. LaRose expressed his appreciation to the City of Ukiah for being responsive and supportive of the Hospital. 6:19:45 PM Ador~ion of Resolution Declarina Results of Municipal Election of November 7, ?,IDID6 and SweaHna in Ceremony for Councilmembers Baldwin. McCowen and Thomas. pnd Measure X. 6:19:52 PM M/S Crane/Rodin adopting Resolution 2006-82 Declaring the results of Municipal Election of November 7, 2006. Motion carried by the fo,owing roll call vote: AYES: Crane, McCowen, Rodin, Vice Mayor Baldwin and Mayor Ashiku NOES: None; ABSTAIN: None ABSENT: None City Clerk Petersen administered the Certificate of Appointment and Oath of Office for Councilmembers Baldwin, McCowen and Thomas. MayorAshiku requested Vice Mayor Baldwin to preside over the meeting until a Mayor is chosen. Vice Mayor Baldwin took the seat and expressed his appreciation. Councilmember McCowen extended appreciation to out-going Mayor Ashiku for his two years of service. zntroduction of New EmPloYee. Patrick Bryant. Animal Control/Safet-v Comi)liance Officer 6:24:25 PM Maya Simerson, Community Services Supervisor introduced Patrick B~/ant. l~ntroduction of Fire Chief Tony Clarabut 6:27:20 PM City Manager Horsley introduced Chief Clarabut, advising his assignment is to review the Fire Department Master Plan's objectives and goals, discuss with the Council members to determine what to implement. 6:29:43 PM Review of ActiviUes and Actions Taken bv the City to Enhance the City's Mi~jor Emereencv/Disaster Preparedness 6:29:50 PM Gregg Smith, retired OES Coordinator, provided a brief overview of the City's response to the Flood of 2005. Mr. Smith stated that in his opinion, the City is prepared for emergency response. Mr. Smith and former Fire Chief Latipow have updated the City's Emergency Plan and training regarding the Emergency Operations Center has been provided to Directors and Supervisors. Chief Clarabut stated that the Battalion Chiefs have completed training in Area Command and the Incident Command System. He is currently reviewing the draft Emergency Plan, which will be brought to the City Council for approval, once his review has been completed. 4. PET'IT~ONS AND COMMUN'rCAT/I~I~IR None S. APPROVAL OF MZNIJTES a. Regular Meeting Minutes of November 1, 2006 6:46:31 PM M/S McCowen/Crane to approve the Minutes of November 1, 2006 with correction to [rem 12. - Council Reports - report provided by Councilmember Rodin corrected to "Reported attending a breakfast wherein the City of Ukiah received a Certificate of Appreciation from the Ukiah Valley Association for Habilitation." Motion carried by an all AYE voice vote. 6. RZGHT TO APPEAL DECTSt'ON Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. Read by Vice Mayor Baldwin 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. Public member 3ohn Graft requested item "k" be removed from the Consent Calendar and heard later on the Agenda; Ztem moved to New Business 11.e. MIS Crane/Rodin to approve the Consent Calendar with item "k' removed. a. Award of Bid to Clark Pest Control Services for Pest Control Services at Various City Facilities b. Report to the City Coundl Regarding Acquisition of Services from Spencer Brewer for the Management/Production of the 2007 Sundays in the Park Concert Series in the Amount of $8,000 c. Status of the Lake Mendodno Hydroelectric Power Plant Equipment Refurbishment Emergency d. Adoption of Resolution Ai~thorizing the County of Mendocino to Provide Microenterprise Business Services Under the Community Development Block Grant Program to Targeted Income Individuals Residing Within the City of Ukiah e. Award of Bid for the Purchase of 9,000 Ft. of #2 AWG, 15 KV, EPR Tnsulated, Single Conductor, and 3acketed Concentric Neutral Cable to Prysmian Cables and Systems in the Amount of $15,816.62 f. Authorization of Sole Source Purchase of Water Valve Data Acquisition System from Pacific Tek in the Amount of $9,965 plus Sales Tax g. Award of Bid to Delta Truck Center for the Purchase of a New 2008 Six-Yard Dump Truck in the Amount of $79,740.38 and Approval of a Budget Amendment h. Award Acquisition of Half Ton Pickup Truck to Hansel Ford for the Department of Public Works in the Amount of $18,177.44 and Authorize Budget Amendment for Same Using Department's Equipment Replacement Funds i. Award Acquisition of Service Truck to Northlake Ford-Mercury for the Department of Public Works in the Amount of $28,881.19 and Authorize Budget Amendment for Same Using the Department's Equipment Replacement Funds Authorize the City Manager to Execute a Lease Agreement with South Ukiah Little League for a Portion of the Riverside Park Property. Authorize the City Manager to Negotiate and Execute a Lease Agreement with Astro Business Technologies for Two Copy Machines for the City of Ukiah Administrative Offices and Approve a Budget Amendment in the Amount of $5,069. Pulled to Agenda ~[tom 11.e. Report to Council Regarding the Purchase of Professional Services From RRM Design Group for Grant Writing Technical Assistance for the Proposition 50 California River Parkways Competitive Grant Program for Riverside Park Development Project in the Amount of $10,000 Motion carried by the following roll call vote: AYES: Thomas, McCowen, Crane, Rodin and Vice Mayor Baldwin NOES: None; ABSTAZN: None ABSENT: None 8. AUDXENCE COMMENTS ON NON-AGENDA I'rI~F1R 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. Lilian Zucker requested cross walks and sidewalks be installed on Clara Avenue.6:51:23 PM 9. PUBLIC HEARINGS (6:15 Pl~l) None 10.UNI~NZSHED BUSZNES~ a. Determination of Process for Ao~ointment of Mayor and Vice Mayor: Aonointment .nf Mayor and Vice Mayor 6:51:39 PM Vice Mayor Baldwin requested discussion regarding the appointment process. Councilmember Rodin stated it is common to make the appointment based in order of seniority. Councilmember McCowen stated the Council is free to devise any appointment method and, Councilmember Thomas advised it is important to keep in perspective, the Council as a whole and entertained a discussion identi~ing what the Council feels is important qualities and responsibilities of a Mayor. Vice Mayor Baldwin stated he believes fairness to Council members and to the public is important and stated he would be willing to set aside the Mayor appointment to allow other Council members the opportunity. 6:57:5zt PM PUBLTC COMMENT OPENED Gordon Elton requested Council consider including fairness to staff to Vice Mayor's list of fairness. He suggested that the least desirable method of selection is by the number of votes each member had received in the election and feels that the ability to run a meeting is key to being an effective mayor. 6:59:51 PM .lohnGraff recommended that the Councilmember receiving the highest percentage of votes be appointed Mayor and rotate to the next highest the following year. 7:03:20 PM Greoo Foss suggested the two Council members having two years left in office (Councilmembers Rodin and Crane) be appointed first, allowing each Councilmember to serve as Mayor for a one-year term. Once the first year appointment sunsets, the other councilmember could accept or reject the appointment to Mayor. 7:05:39 PM 7:06:16 PM ,lira Mulheren and Diane Zucker also spoke to the issue. ?:07:30 PM PUBLZC COMMENT CLOSED Discussion ensued regarding: > The decision to appointment a Mayor is based on a process not a person; Council members would rotate into the position; Fairness to council members, community and staff is important; Appointment possibly could be made to one of the two Councilmembers having two years left of their terms (Rodin and Crane); > The length of the term could be six months; concern is the "learning curve" 7:20:59 PM PUBI.ZC COMMENT OPENED Greg Foss stated a six-month term is not long enough and expressed appreciation of Vice Mayor Baldwin re-opening public comment. 7:22:50 PM PUBL/C COMMENT CLOSED 7:24:00 PM MIS Rodin/Thomas to begin with one year terms and follow Greg Foss's suggestion of those having two years left, begin the cycle and rotate according to seniority through the others. Anybody would have right to pass on being Mayor if they like. Discussion: Councilmember McCowen noted that the motion did not identify who would be Mayor. Councilmember Rodin stated the motion begins the process, with Councilmember McCowen replying that naming who shall be Mayor is part of the process because the criteria hasn't been completely determined on choosing between the Councilmembers having two years left to their terms. Councilmember Rodin apologized for having left out "seniority". M/Rodin to modify the motion adding 'seniority'. Councilmember Thomas accepts the amendment. Discussion: Councilmember McCowen stated he will vote "no" on this motion, stating he believes this action is a poliUcal process and that it is important to pick someone who will get the process off to a smooth start. He stated that this Council can not bind any future council to follow any particular process. Motion carried by the following roll call vote: AYES: Thomas, Crane, Rodin and Vice Mayor Baldwin NOES: Mc(owen; ABSTAIN: None ABSENT: None MIS Baldwin/McCowen appoinUng Councilmember Crane as Vice Mayor for the concurrent term with the Mayor. Motion carried by the following roll call vote: AYES: Thomas, Mc(owen, Crane, Rodin and Vice Mayor Baldwin NOES: None; ABSTATN: None ABSENT: None Mayor Rodin presided over the meeting. 7:37:09 PM Receive Status Reaort Concernina Sian Ordinance Enforcement Activities and pn~vidp Direction to Stalff 7:37:20 PM Building and Planning Director Stump briefly discussed the staff report stating that the Department is working on educating the public regarding the rules and getting compliance for A-frame signs. He reported that encroachment issues have developed which will also be part of the public's educational process. Discussion ensued regarding encroachment permits being issued through the Ci'o/'s Planning Department. The Risk Manager and Planning Director should review insurance requirements and fees. 4 8:04:02 PM PUBLIC COMMENT OPENED .loy Beeler, Main Street Program Executive Director, stated she had received a comment from a business owner that the expense of going through the encroachment permit application process is a hardship on the business. Dottle Deerwester stated that the expiration of the time to complete the permit is sixty days and on occasion, it is beyond the business owner's ability to meet the time frame. Lisa Mammina focused on ADA issues and sidewalk widths. 8:18:38 PM PUBLIC COMMENT CLOSED Staff was directed to bring back a draft ordinance that provides for the violations to be infractions rather than misdemeanors; amend Section 3223 that if the work authorized by the permit is not commenced within sixty days from the date of the permit, to allow for staff to extend the sixty day period and review current insurance requirements for encroachment permits and to work with the Public Works Department to develop an encroachment permit process that would be more appropriate for A flame signs. Discussion of Code Comaliance Proaram and Review of :~e_!_~_ ~ Reaulations 8:18:42 PM Director Stump stated the five regulations selected are the most frequently used and/or important for the public's health, safety, and general welfare. The City Code regulations brought forward for discussion are: Abandoned Vehicle Removal; Removal of Encroachments from the Public Right of Way; Abatement of Unsafe or Dilapidated Buildings; garbage, Rubbish and other Refuse, and Private Commercially Zoned Property Maintenance. 8:20:33 PM Discussion ensued with concerns being voiced regarding the most common complaint: the clean up of rubbish. Additional concerns voiced were abandoned vehicles, broken or plywood covered windows, and the need to review Attachment 5 of the Agenda Summary Report which is Chapter 11 of the Municipal Code, "Private commercially zoned property maintenance", due to duplication of information contained in other Chapters. Discussion continued regarding City employees being made aware of these regulations and during the course of their work day, should they come upon a violation, contact the planning department to advise of the location and violation. Providing the public with notification regarding what the City is doing to enforce these regulations and submitting the information within the utility billings was also discussed. An ad hoc committee consisting of Councilmembers Crane and Thomas was formed to review and make recommendaUons regarding simplification, reduction of duplication and confirm that the violations written within the ordinances address valid health and safety concerns. Recess: 8:48:37 PM to 8:57:49 PM Promosed Public Works Protects to be Funded bv M~'me"~'~ $ 8:57:54 PM Tim Eriksen, Public Works Director, stated that the Council had agreed that the City's infrastructure was a priority and set aside $250,000. Staff was requested to identify projects needing to be considered. Of the four projects listed within the Agenda Summary Report, Director Eriksen stated that the Perkins Street Storm Drain is a priority, requesting approval to perform a full engineering estimate and return to Council. Councilmember McCowen stated that during the Budget hearings, the Council did not definitively approve $250,000 from Measure S funding for Public Works projects, but did earmark it pending further clarification on how Measure S funds were actually being spent. He questioned why fund the Public Works projects out of Measure S; consider looking into Fund 699 or the General Fund. This matter was continued to the December 20, 2006 regular meeting for further discussion. 5 11. Discussion of Meetino with the Millview and Willow Water District Boprds 9:11:41 PH City Manager Horsley reported that contact with the two water districts resulted in a request for representatives from the agencies to meet. An ad hoc committee consisting of Councilmembers Crane and Baldwin/Thomas as an alternate was appointed to meet with representatives from Willow and Millview Water District Boards to gather information about expanded boundaries regarding place of use for the City's water rights permit application. City Manager Horsley to work with the Water Districts in scheduling a meeting prior to December 22, 2006, if possible. Discussion and AcUon Concernina a 3oint City Council/County _Ro_a~d of Suz~rvi$~r~ Meetina to Discuss the Ukiah Valley Area Plan 9:24:48 PM Director Stump reported that Mendocino County has invited the City Council to meet in a joint session with the Board of Supervisors to discuss the Ukiah Valley Area Plan (UVAP). Council confirmed they are available to meet on ]anuary 10, 2007. 8:00 a.m. to 1:00 p.m. Councilmember McCowen questioned whether the Council should discuss amongst themselves issues they feel are important and consider appointing a sub committee to identify the issues and bring back for discussion prior to 3anuary 10, 2007. Councilmember McCowen and Mayor Rodin appointed to the sub committee. U~date Reaardina 'Fund 699 - Special Projects Reserve' 9:34:13 PM Public Works Director Eriksen and Director of Community Services Sangiacomo were present to field questions. Discussion ensued regarding the need for a sub committee's review of the Fund 699 - Special Projects Reserve, a fund intended for primarily capital improvements. Councimember McCowen requested a discussion regarding the Public Woks infrastructure project Director Eriksen presented under Agenda Item 10.d. ($250,000 for the Perkins Street Storm Drain), questioning whether the funding for the project should come from the General Fund, Fund 699 or upon recommendaUon by the sub-committee. Regarding the Fire House & VLF Gap Bonds, Councilmember Baldwin stated he would like to redirect ten percent of the proceeds from the sale of the fire house (Fire House & VLF Gap Bonds) to the Open Space Acquisition Project Reserve Fund. Additional funds will be considered for the Public Works Perkins Street Storm Drain project from the Fire House & VLF Gap Bonds. Councilmembers Crane and McCowen were appointed to the sub committee to review fund balances and provide information, purpose, fund restrictions, etc, and bring back recommendations. Possible Adootion of a Resolution Amendina the City Council MeeUnu Proced~ure~ 9:47:23 PM City Attorney Rapport advised that he had reviewed the Rosenberg's Rules of Order which Mayor Rodin had received while attending a conference at the League of California Cities. He has compared City Council Procedures and Rosenberg's Rules determining that portions of Rosenberg's Rules provide additional guidelines, recommending these guidelines be a approved as a supplement to Section 4 through Section 8 of the current Procedures of Conduct. M/S Baldwin/Crane to adopt the Resolution adopting a New Section 3.A. Which Modifies Sections 4-8, of the Procedures for Conduct of the City Council Meetings to include Rosenberg's Rules of Order: Simple Parliamentary Procedures for the 21~ Century Discussion: Councilmember McCowen stated he feels the existing Procedures of Conduct and Rosenberg's Rules of Order need to be reviewed and suggested appointment of a sub-committee. Councilmember Baldwin withdrew the motion 10:01:17 PM Councilmember McCowen and Mayor Rodin appointed to the sub committee. Item to be continued until a later date. Znitial Discussion of City Council An~ointments to Boards and Comm~i~c!nn~ 10:04:07 PM City Manager Horsley advised that the information contained within the 2006 appointment to Boards and Commissions is for information only. The matter will be brought back at the December 20, 2006 meeting for action. Mayor Rodin reviewed the Boards and Committees polling Council members and making tentative assignments: Greater Ukiah Chamber of Commerce - Mayor Rodin/McCowen City Selection Committee - Mayor Rodin Council/county SuPervisor Committe~ - Mayor Rodin/McCowen Investment Oversight - Thomas Library Advisory Board - Thomas Main Street Proclram Board of Directors - Mayor Rodin/Mccowen Mendocino Council of Government_~ - McCowen/Mayor Rodin alternate Mendocino County Inland Water & Power Commission - Baldwin/Thomas alternate Mendocino Solid Waste Management Authority - Crane/Mccowen alternate Mendocino Transit Authority Board of Directors - McCowen Northern California Power Authority - Crane/Mc(owen Transmission Aclencv of Northern California - Crane/Public Utilities Dir. Russian River Water Shed Association - Rodin/Thomas alternate Sun House Guild - Mc(owen Ukiah Valley Sanitation District - Mayor declines this assignment. Crane/Baldwin alternate Economic Development ~ Finance Corp - Mayor Rodin Infrequent Meetings: City/County LeadershiD Group - City Manager Horsley/Mayor Rodin Mendocino County Local Area Formation Commission - Appointed by City Selection Committee Solid Waste Sub-committee - Mc(owen/Crane PUBLI'C COMMENT OPENED 10:18:46 PM Eric Crane recommended to replace Councilmember Crane with Councilmember Thomas for NCPA, and that Councilmember Crane be assigned to the Investment Oversight Committee. PUBLI'C COMMENT CLOSED 10:26:08 PM Authorize the City Manaoer to Neont!at~_ and Ex_~c_ute a /~:~.~ Aoreement with Astrn Business Technoloaies for Two Cony Machines for the City of Ukiah Administrative Offices and Aoorove a Budoet Amendment in the Amount of $5.O§q.10:28:13 PM 7 John C Graft advised that he has been in the copier business for 35 years, shared his ideas regarding service response time, accessibility to parts, the need to review the contract to ensure there is a good penalty clause, and no third party mentioned within the lease. He referred to items within the agreement such as fair market value, property tax, buy out, etc. that should be reviewed, and CP! increases, offering his assistance if needed. Community ~ervices Director ~angiacomo responded to Mr. Graft's concerns stating that the majority of those concerns cited have been addressed. Motion by Baldwin to authorize the City Manager to negotiate and execute a lease agreement with Astro Business Technologies for two copy machines for the City of Ukiah Administrative offices and approve a budget amendment in the amount of $5,069. with the proviso to follow up with concerns identified. Councilmember McCowen stated he would consider a conditional approval referring to the many concerns voiced by Mr. Graft. Councilmember Baldwin withdrew his motion. M/McCowen for approval conditional upon Mr. Graft meeting with staff and staff being assured that his concerns are addressed. City Manager Horsley recommended revision to the motion for staff to review Mr. Graft's comments and further negotiate if needed; the City Attorney to review the lease documents. Motion modified/McCowen/Baldwin conditional upon staff's thorough review and consideration of Mr. Graff's comments. Motion carried by an all AYE voice vote 10:45:58 PM 12. COUNCZL REPORTS10:46:36 PM Councilmember Crane reported the sewer district and City are working to meet compliance for the sewer lateral ordinances implementation. A citizen's committee is working with staff and a consultant from Winzler 8. Kelly. The District has the problem of having no ordinance in place at ail; both the City and District are required to implement the ordinance by mid .lanuary. City Council will need to address what revisions should be made to the sewer lateral inspection ordinance. Councilmember McCowen stated he has attended meetings on the sewer lateral issue and response by the public is favorable. He reported having attended a IVlendocino Council of Governments (MCOG) meeting where it was announced that additional state transportation grant funds are available for the depot renovation, bringing the total approved funding for the project to $350,000. Mayor Rodin reported she attended an Economic Development and Financing Corp (EDFC) meeting where a report was distributed to attendees regarding retirement cluster. She additionally stated that the Smart Growth Coalition wishes to organize a series of educational forums. The intent is to inform and assist the public with participation in the UVAP process. Water, tax sharing and annexations are some of the topics that will provide additional information to the public. The Coalition is looking for co-sponsors and is requesting the City approve the use of the Conference Center, stating the value of the sponsorship is $500.00. Matter ageodized for December 20, 2006. 8 13. 14. CTI'Y IqANAGER/CTTY CLERK REPORT,q No report a. Government Code Section 54956.8 Conference with Property Neqotiator Assessor's Parcel No. 002-381-02, 002-381-03; 002-381-04 Negotiator: Candace Horsley, City Manager Adjourn to Closed Session at 10:57:34 PM There being no further business, the meeting was adjourned at 11:27 p.m. Gail Petersen, City Clerk ITEM NO. 7a MEETING DATE: January 3, 2007 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM VINCENT ROSENBALM AND REFERRAL OF CLAIM TO THE JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Vincent Rosenbalm was received by the City of Ukiah on December 12, 2006 alleging theft of personal property by the City's Police Department and Animal Control Officer that occurred on September 20, 2006 and October 20, 2006 at 459 Cochrane Avenue. Pursuant to City policy, it is recommended the City Council reject this claim and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Vincent Rosenbalm and refer to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Yes Claimant Sue Goodrick, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Claim from Vincent Rosenbalm, pages 1-7. Candace Horsley, C~ty Manager/ File With: City Clerk's Office City of Ukiah 300 Seminary Ave Ukiah, CA 95482 CLAIM FOR MONEY OR DAMAGES AGAINST THE CITY OF UKIAH RESERVE FOR FILING STAMP C 5 2006 CITY OF UKIAH A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person-s acting on his/her behalf and shall show the following' · If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)/~ being answered· Address to which the person presenting the claim desires notices to be sent: Name of Addressee: Address: The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asse~ed. ..'Date of Occurrence: Circdmstances General description of the indebtedness, obligation..injury, damage or loss incurred so far as it may be known at the lime of the presentation of the claim. - = :-'- ; - '-t'"~ .... ~ . The name or names of the public employee or employees causing the injury, ~amage, or toss, if known. Page 1 of 3 If amount claimed totals less than $10,000: The amount claimed, if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, includin( the estimated amount of any prospective injuw, damage, or loss, insofar as it may be known at the time of the }resentation of the claim, together with the basis of computation of the amount claimed. Amount Claimed and basis for computation: -,, ~ ~ ~ ,~ ,~ ~ ~ ~ ~ / #/ 9 £/!¢/: / ' '" If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim· However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000· An unlimited civil case is one in which the recovery sought is more than $25,000· (See CCP § 86.) ~ [~ Limited Civil Case imited Civil Case You are required to provide the information requested above in order to comply with Government Code §910. 10. Claimant(s) Social Security Number(s): (optional) Claimant(s) Date(s) of Birth: Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asseded: If the claim involves medical treatment for a claimed inju~, please provide the name, address and telephone number of any doctors or hospitals providing treatment: 11 If applicable, please attach any medical bills or reports or similar documents supporting your claim. If the Claim relates to an automobile accident: Claimant(s) Auto [ns· Co.: /~//~_.__ Telephone: Address: Insurance Policy No.: Insurance Broker/Agent: Telephone: Address: Claimant's Veh. Lic. No.: Vehicle Make/Year: Claimant's Drivers Lic. No.: Expiration: If appficable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 READ CAREFULLY For all accident claims, place on the following diagram the name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street corners. If City of Ukiah vehicle was involved, designate by letter "A" location of City of Ukiah vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City of Ukiah vehicle; location of City of Ukiah vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-I" and the point of impact by"X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. CURB SIDEWALK PARKWAY SIDEWALK CURB Warning: Presentation of a false claim is a felony (Penal Code §72). Pursuant to California Civil Prodecures §1038, the City/Agency may seek to recover all costs of defense in the event an action is filed which is later determined not to have been brought in good faith and with reasonable cause. Page AGENDA ITEM NO: 7b MEETING DATE: January 3, 2007 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: N/A Requested by: City Council Prepared by: Liz Kirkley, Electrical Distribution Engineer Coordinated with: Candace Horsley, City Manager; David Rapport, City Attorney; Jeff Gould, Interim Utility Director Attachments: 1. 12/?..6.L.06 Source California Hydro Proiect Status Report Candace Horsley, City Man~tger Date: December 26, 2006 To: City of Ukiah Below is a short summary of work that has been accomplished in the last three weeks. Safety and environmental compliance continues to be accident and incident free. 1) 2) 3) 4) 5) 6) 7) 8) 9) ATTACHMENT The Unit 1 turbine has been reassembled and the discharge elbow installed. The final Unit 1 turbine runner clearance readings all came out within specifications. The Unit 2 turbine runner was installed and its final fit to the generator shaft is good. Due to the poor condition of this unit during disassembly, the turbine will require another disassembly for machining of the discharge seal ring. Final alignment checks revealed a "rub" between the turbine runner and the discharge seal ring. Limit switch settings are complete for Unit 2's Turbine Stop Valve (TSV). Unit l's TSV limit switches were not originally installed in the same manner as Unit 2's and have required some research to determine if they will still work. Both of Unit l's motor speed changers (i.e., one for the governor and the other for the load limit) have been tested, rebuilt, and passed operational testing. Unit 2's gate lock actuator has been tested and passed. The conduit and wire installation for the two Uninterruptible Power Supplies (UPS's) continues. Work continues on the new generator cooling water filtration system. The 18" and 54" bypass valves have been tested and are functional. The power supply needs to be replaced for the 18" bypass valve position indication instruments. Orders have been placed for both the RSL communication instrument for the transfer trip and the Schweitzer control panel for the R100 recloser. 10) All remaining station potential transformers (PT's) were tested and all passed. 11 ) Initial work on the SCADA wiring installation has started and a portion of the new wire has been ordered. 12) Test equipment was ordered in preparation for the Tainter Valve closing test. 13) The flow meter residing in the power house for the Department of Fish & Game (DF&G) hatchery has been replaced with a new fully functioning unit with its associated alarms. The second redundant flow meter to be installed at the hatchery is expected to arrive shortly. Paul B. Dirks Project Manager/Sr. Mechanical Engineer Source California Energy Services, Inc. AGENDA ITEM NO: 7¢ MEETING DATE: January 3, 2007 SUMMARY REPORT SUBJECT: AWARD OF BID FOR PAD MOUNT TRANSFORMER IN THE AMOUNT OF $28,767.00 FOR AND FUNDED BY THE UKIAH HIGH SCHOOL MODERNIZATION PROJECT Ukiah High School's Modernization Project (UHSMP) requires the City of Ukiah Electric Department to install a 1500 kVA 277/480 V three phase pad mount transformer. The Electric Department inventory does not stock this particular transformer as it is much larger than most applications in the City. Appropriate bidding procedures were followed and on November 1, 2006 City Council approved staff's recommendation to award the bid for the required transformer to G.E. Supply (see Attachment 1). The school district agreed to provide a check to the City for the transformer, however, the funds were received after the bid expiration date. As a result the City was then required to solicit new quotations for the transformer. Continued on paqe 2 RECOMMENDED ACTION: Award bid to Wesco for the purchase of an ABB 1500 kVA 227~480 V three phase pad mount transformer in the amount of $28,767.00 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: Attachments: NA Liz Kirkley, Electrical Distribution Engineer Liz Kirkley, Electrical Distribution Engineer Candace Horsley, City Manager, Jeff Gould, Interim Public Utilities Director 1. November 1,2006 ASR Approved! Candace Horsley, City Manlger The school district was informed of the situation, and a new Request for Quotation (RFQ) was sent to four suppliers. Please see the table below for bid results: Suppfier Manufacturer Cost (plus tax) Defivew (weeks) Wesco ABB $28,767 22-26 General Pacific ERMCO $28,322 62-64 G.E. Supply G.E. Prolec $35,485 48 Wrathall & Krusi Howard $39,174 28 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 given to the UHSMP architect for evaluation. Staff was informed that the UHSMP would require the shortest delivery time, as a result the UHSMP architect selected the ABB transformer from Wesco for $28,767.00 with a delivery time of 22-26 weeks. Staff requests City Council award bid to Wesco for the ABB 1500 kVA 277/480 V three- phase transformer to be purchased with funds supplied by the UHSMP. Attachment 1 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 Manufacturer Cost (plus tax) Defivery (weeks) Hughes Cooper $34,417 34-36 Hughes Pauwels $34,326 29-31 Hughes ERMCO $28,854 31-34 WESCO unknown $28,680 50-60 G.E. Supply G.E. Prolec $28,225 27 General Pacific ERMCO $26,658 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 Approved: Candace Horsley, City Manager AGENDA SUMMARY ITEM NO. 7d DATE: January 3, 2007 REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE COYOTE VALLEY TRIBE FOR A RECIPROCAL AGREEMENT BETWEEN FACILTY USE & RECREATION PROGRAMS The City of Ukiah has had an informal agreement with the Coyote Valley Tribe for the use of their gym space for the past few years in exchange for tribal member's obtaining registration in some of the City's recreation programs, at no cost to either party. The proposed memorandum will formalize this agreement and clearly illustrates the responsibilities of both parties. Coyote Valley will allow the City access to their gym and swimming pool facilities which will support community wide recreation programs including youth basketball and aquatic training programs. In exchange, Tribal members must provide the City with a tribal verification letter and will then have access to the following programs: · Swim lessons & public swim at the Ukiah Municipal Pool · Youth Basketball & one adult basketball team per league · Girls Youth Softball · One team per league in men's, women's, and coed softball · One team per league in adult coed volleyball The proposed memorandum has been reviewed by the City Attorney and the memorandum is included at Attachment #1 for review. Continued on Page 2 RECOMMENDED ACTION: Authorize the City Manager to negotiate and execute a memorandum of understanding with Coyote Valley Tribal for a reciprocal agreement between facility use and recreation programs. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine the memorandum of understanding is not appropriate and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Coyote Valley Tribal Council Sage Sangiacomo, Community/General Services Director, and Maya Simerson, Community Services Supervisor Candace Horsley, City Manager; Dave Rapport, City Attorney 1. Draft Memorandum of Understanding APPROVE %,, Candace H~rsley, Cit~anager Staff has spoken with representatives of the Coyote Valley Tribal Council and they are amenable to the proposed agreement. Both agencies feel that the memorandum of understanding is equitable in lieu of a monetary agreement and will allow for the expansion of recreation opportunities in the Ukiah Valley. Staff believes the continued use of the property is essential for the City's ongoing recreation programs and recommends approval of the memorandum of understanding as proposed. 2 Attachment #1 MEMORANDUM OF UNDERSTANDING This Agreement is made and entered on ,2007, in Ukiah, California, by and between the City of Ukiah ("City"), and the Coyote Valley Tribal Council ("Coyote"). RECITALS: 1. City operates community recreation programs that include basketball and aquatic training programs. ("City recreation programs"). 2. Coyote has gym and swimming pool availability and has teams and occasional use for aquatic training on its property ("Coyote programs"). 3. The parties have determined that it is in their mutual interest, subject to the terms and conditions as further stated herein, to exchange the use of certain facilities owned and maintained by Coyote in exchange for free participation in the recreation programs provided by the City at these facilities. AGREEMENT: In consideration of the above-recited facts and the terms and conditions as further stated herein the parties hereby agree as follows: 1. Subject to the terms and conditions set forth in paragraph 3, Coyote shall make available to City for its use in conducting City recreation programs its gymnasium and swimming pool facilities. 2. Subject to the terms and conditions set forth in paragraph 3, the City shall make available to Coyote free participation in any programs operated at Coyote; as well as the following: a. Unlimited swim lessons & public swim at the Ukiah Municipal Pool b. Unlimited youth & one free team per league adult basketball c. Unlimited Girls youth softball d. One free team per league men's, women's, and coed softball e. One free team per league coed volleyball To receive free registration participants must provide a tribal member verification letter and sign all applicable City release forms. 3. Except where special conditions are otherwise stated, Coyote shall make their facilities available to the City in accordance with the following terms and conditions: 3 a. Coyote Valley will continue at its own expense to operate, manage, provide oversight of, and maintain its facilities for the uses currently conducted on that property. Coyote Valley shall maintain the current facilities in a condition that allows for public use of the facilities for their intended purposes and shall not permit or maintain a dangerous condition thereon. The City will be responsible for basic clean-up of the gym (sweeping gym floor and removing garbage generated by City programming) after each use but will not be responsible for maintenance or cleaning of the restroom facilities. b. In the event that Coyote Valley does not operate, manage, provide oversight of, and maintain the facilities in a condition as required by Section 1 of this Agreement, the City shall have the right to provide written notice to the Coyote Valley of any conditions that violate the requirements of this Section 2. Within 15 days of its receipt of the notice, Coyote Valley must provide the City with a written response, setting forth remedies which are acceptable to the City. Furthermore, if Coyote Valley fails to remedy the violations then the activities will be canceled and Coyote Valley's right to the benefits in Section 2 of this agreement shall be suspended until the condition of the facilities is corrected to the City's reasonable satisfaction. c. Coyote Valley will comply with all federal, state, and local laws and ordinances as may be applicable to the carrying out this MOU. d. The party using the facility under this Agreement shall defend, indemnify and hold harmless the facility owner from and against any claim for personal injury or property damage, including death, arising out of that party's use of the facility, including, but not limited to, claims based on the negligence or willfully wrongful conduct of the party using the facilities, or its negligent or willfully wrongful supervision of the activity. This indemnification shall not include injuries or damage resulting from a dangerous condition of the physical facility itself, unless (1) the party using the facility discovers the dangerous condition and fails to notify the owner immediately, in writing, of that condition; or (2) the owner has provided the party using the facility with prior written notice of the dangerous condition. The indemnification provided under this subparagraph shall include all costs of defending against any such claim, including, but not limited to, the fees of attorneys, experts, consultants and investigators. e. Prior to using any facility under this Agreement and as a condition precedent to its right to use such facilities, each party shall provide the other party with proof of general comprehensive liability insurance satisfactory to the other party with policy limits of not less than $1,000,000 per occurrence and a general aggregate limit of not less than $1,000,000. Each policy shall name the other party as an additional insured as to any use of facilities under this Agreement. The City may satisfy this requirement through the Memorandum of Coverage provided by the Redwood Empire Municipal Insurance Fund ("REMIF") a California joint powers agency of which the City is a party. 4 4. This Agreement shall become effective upon the date first written above and shall remain in effect for one calendar year or until 30 days following a written notice of termination by one party to the other party. 5. Whenever notice is required by the provisions of this Agreement, it shall be deemed given when deposited in the United States mail with proper postage affixed thereto or personally delivered and addressed as follows: CITY OF UKIAH CIO City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA 95482 Fax: 463-6204 Coyote Valley Tribal Council 7751 N State Street PO Box 39 Redwood Valley, CA 95470 Fax: 485-1247 6. This constitutes the whole agreement between the parties concerning its subject matter and supercedes and replaces any prior agreements, statements or understandings that may have existed between the parties. 7. This Agreement may be executed in one or more duplicate originals and when so executed each such duplicate original, bearing the original signatures of the parties, shall be admissible in any administrative or judicial proceeding as proof of its terms. 8. This agreement shall be interpreted and enforced in accordance with the laws of the State of California. The parties hereby agree to arbitrate any dispute that may arise under paragraph 3.d, and to the judicial enforcement of the obligation to participate in an arbitration and to confirm as a California state court judgment and to enforce an arbitrator's award. The arbitration shall be conducted by a single arbitrator under the provisions of Part 3, Title 9 of the California Code Civ. Proc., commencing with §1280. The parties consent to the jurisdiction and venue of the California state courts in Mendocino County. WHEREFORE, this Agreement is made and entered on the date first written above. Coyote UKIAH By: By: Its: Its: 5 ITEM NO: 9a DATE: January 3, 2007 AGENDA SUMMARY REPORT SUB'IECT: APPROVAL OF APPLICATION TO DEMOLISH A STRUCTURE OVER 50 YEARS OLD LOCATED AT 1012 WEST CLAY STREET~ UKI'AH SUMMARY: The property owner of 1012 West Clay Street has filed a Demolition Permit application to demolish the single-family residence on the site. It appears that the home was built in 1930. It is in disrepair and the owner would like to construct a new single family residence on the property. The structure is over 50 years old, and therefore, according to the Ukiah Municipal Code (UMC), the City Council must conduct a public hearing to review and consider the historical and architectural significance of the structure before a Demolition Permit is issued. On December 21, 2006, the City Demolition Permit Review Committee (DPRC) considered the application and HistoricaIProfi/e prepared by Judy Pruden, and unanimously found that none of the criteria in UMC Section 3016(E) (attachment 5) applied; therefore the structure is not historically or architecturally significant. Based on the recommendation of the Demolition Permit Review Committee, Staff is recommending approval of the Demolition Permit. RECOMMENDED ACTION: Approve the Demolition Permit for the structure located at 1012 West Clay Street, based on the finding that it does not have historical or architectural significance. ALTERNATIVE COUNCIL POLICY OPTION: Do not approve the Demolition Permit, and provide processing direction to staff as to the structure's future disposition. Citizen Advised: Noticed according to the requirements of the Ukiah Municipal Code. Requested by: Jim Brown, Property Owner Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Demolition Permit Application Materials 2. Location Map 3. Historical Profile (Pruden) 4. Memorandum from David Willoughby, Building Tnspector 5. Ukiah Municipal Code Section 3016(E)(F) 6. CEQA Exemption APPROVED: Candace Horsley, City Manager Affachment #, DEMOLITION PERMIT APPLICATION SURVEY (FOR STRUCTURES OVER 50 YEARS OLD) CITY OF UKIAN CODE SECTION 3016 Property Owner: ~,,,-n Propedy Address: Zoning: f¢ / Age of structure: /97~: ?5- Applicant: '~,,',~ L.~ ~..~ ¢- ~/~.w' .Sd- Assessor's Parcel No.: General Plan Designation: How was age determined?/~e~-,'Jcn¢,./ lO,'-ope,')X' /~££r.,..~ / r'-,e Is property located in the City of Ukiah Architectural and Historical Resources Inventory? If yes, 1) Is it one of the 200 individually analyzed properties? 2) Is it included in a potential Historic District? Which one? 3) Is it oneof the properties not considered worthy of specific analysis? Describe structure's current condition: ~/~.~-? Describe purpose of demolition: -/cc, ./~zx,'/¢/ ne,---' ,P¢,~..~- r'-~-s,'¢/,~,,,~ ~,'- f DesCribe all salvageable archaic materials and any salvage plans: Can the structure be r~0~ed? ' /3 o Are there plans to move the structure?/'2:E:::) ' ' Describe any moving plans (location, timing, etc.): General comments regarding historic, architectural, or cultural significance of building/properly: Describe any unique features of building or property: ,L-~r~__ /~:7='-- O../::~ r~, Recommendation for City Council action: Describe the Demolition Permit Review Committee's actions on the application (page 2). PLOT PLAN IAddress:/0/~ /--¢~<~-¢ c/o~/ S"~e- Pr~)perb/Own~ ':-~%', r,~ /'~/-'o Assessor's Parcel i - Instructions to Applicant This form ~, ,~d not be used when plot plans drawn to scale of not less than 1"=-2~)' are filed with permitI application (each building site must have a separate plot plan). / Provide the [ollowing information in the space below:. Location of proposed constr~, cfion/and existing improvements; setback dimensions, show easements, sb'eet frontage ~,nd sewer sen'ice ele~ afion. Show location of water, sewer, gas and electrical service line.~ Specify the use of( ach building add major portJea thereof. ~ INDICATE NORTH IN SQUARE SCALE//?.. = IQ' ,. lANe cmt~ ' that the pro.,ed const~JCtJon will conform to the dk'nensl0ns and uses shown above and that n? changes will be made 1012 West Clay Street Attachment sT. Attachment MEMORANDUM DATE: TO: FROM: RE: December 20, 2006 Charley Stump, Director of Planning Judy Pruden, Chair Demolition Permit Review Committee 1012 West Clay In 1871 and 1888, the area north of Clay Street and south of Smith were annexed into the City of Ukiah. There were numerous residences including outbuildings built throughout the historic westside. One of the last lots to be developed on Clay Street was 1012. The Sanborn Fire Map shows a dwelling with an apartment attached. The building style, siding and interior are consistent with the tax date of 1930. Records also show that it was used for 37 years as a rental. The original owner may have been Charles Anderson, who lived at 1010 West Clay. A deed search was not done to confirm whether Charles or another Anderson was the first owner. Prior to World War II, small cottages and cabins were built in the area, particularly near Gibson Creek and Todd Grove as summer or seasonal rentals. In many ways, this small house has the characteristics of a seasonal rental relative to its size, location to the back of the lot, extensive vegetation, modesty of scale, and deliberate style reflecting that of a rustic cottage. After World War II, the housing shortage created aneed for full-time rentals. The family who owned this home the longest was Clyde and Marie Mathis from 1967 to 2006. They used it as a single-family residence. The Mathis family was well-known in the neighborhood because they would "putter" around their yard. The property is a contributing factor to the historic westside both by age and original purpose. However, the house was not built to withstand the test of time in terms of materials and use. There is not sufficient historical or architectural significance to deny granting a demolition permit. Memorandum Re: Demolition Application of 1012 West Clay December 20, 2006 Page 1 Attachment MEMORANDUM TO: FROM: DATE: Demolition Permit Review Committee David Willoughby, Building Inspec~r ~ November 9, 2006 SUBJECT: 1012 W. Clay St. On November 9th, 2006 1 reviewed the Demolition Permit application materials and performed a site view. I am unable to tell exactly when the house was built, but from the architecture, construction, and the assessors building record it appears to be turn of the century to the 1930's. It appears that a carport was added to the structure at some point and was later turned into the family room. This section of the house is the only section that has a concrete foundation. The remainder of the house rests on the ground. When walking through the house, the floor is spongy and slopes in various areas. Under floor venting is lacking. This and the floor condition, combined with the house resting on the ground would point toward rotting timbers and perhaps bug infestation. The assessor's record shows the house to be in fair condition in 1974. Review of the Uldah Architectural and Historical Resources Inventory Report showed it was listed in the Historical District #2, but not listed specifically in the inventory of historical places or in properties noted but not listed. ATTACHMENTS: 1. Demolition Permit Application Materials. Attachment In reviewing proposed demolition permits, and formulating recommendations to the City Council, the Demolition Permit Review Committee shall consider any information provided during the meeting, and shall use the following criteria. The structure: 1. Has a special or particular quality such as oldest, best example, largest, or last surviving example of its kind; or 2. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, or architectural history; or 3. Is strongly identified with persons or events significant in local, State, or national history. If the Demolition Permit Review Committee finds that any of the criteria listed in subsection E of this Section apply to the building proposed for demolition, it shall recommend denial of the demolition permit to the City. NOTICE OFCEQA: EXEMPTION Affachmenf Cf ~_~ TO: r~ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 County Clerk County of Mendocino Courthouse Ukiah, CA 95482 PROJECT TITLE: Jim Brown Demolition Permit FROM: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 DESCRIPTION OF PROJECT: Demolition of a dilapidated sinRle family residence built in 1930 LOCATION: 1012 West Clay Street, Ukiah PUBLIC AGENCY APPROVING PROJECT: City of Ukiah NAME OF PROJECT APPLICANT: Jim Brown, Property Owner CEQA EXEMPTION STATUS: Ministerial Categorical Exemption Section 15301, Class 1 Statutory Exemption Section REASONS WHY PROJECT IS EXEMPT: The project involves the demolition and removal of a structure determined not to have historic or architectural siRnificance. LEAD AGENCY CONTACT PERSON: Charley Stump TELEPHONE: (707) 463-6200 SIGNATURE: TITLE: DATE: Planninq Director / Environmental Coordinator January 4,2007 AGENDA ITEM NO: ~-0a MEETING DATE: January 3, 2007 SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING UKIAH CITY CODE SECTION 3236 TO MAKE VIOLATION OF SIGN ORDINANCE AN INFRACTION SUMMARY: On December 6, 2006, the City Council discussed measures to improve the enforceability of the sign ordinance. One such measure would change the current penalty for violating the ordinance from a misdemeanor to an infraction. The ordinance attached as Attachment 1, makes this change to the City Code. As allowed by Government Code Section 36900, the ordinance imposes a fine of $100 for a first offense, $200 for a second offense committed within one year of the first offense, and $500 for each additional offense committed within one year of the first offense. These are the maximum penalties that the City Council can impose for violating a city ordinance, where the violation constitutes an infraction. By changing the penalty to an infraction, the City can issue citations which when filed with the court, would initiate a proceeding. The defendant charged with an infraction does not have the right to a jury trial or a court appointed defense attorney. (See Penal Code §19.6.) Most infraction violations are resolved without the involvement of attorneys. These changes should make it easier to take enforcement action against violators, if efforts to get voluntary compliance fail. The fine for a subsequent offense committed within one year would apply to any violation of the sign ordinance, not only to a violation of the same code section within that ordinance. A new citation could be issued, if the same violation occurred or persisted after an initial citation was issued. Staff recommends introduction of the ordinance by title only and adoption of the ordinance at the City Council meeting on January 17, 2007. RECOMMENDED ACTION: Motion to introduce ordinance by title only and motion to introduce ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: Revise ordinance before introduction or leave current misdemeanor penalty unchanged. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: None City Council David J. Rapport, City Attorney Charley Stump, Planning Director and Candace Horsley, City Manager Attachment 1- Proposed ordinance Candace Horsley, City Mar~ger ORDINANCENO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 3236 OF THE UKIAH CITY CODE, PROVIDING PENALTIES FOR VIOLATION OF THE CITY'S SIGN ORDINANCE The City Council of the City of Ukiah hereby ordains as follows. 1. Ukiah City Code Section 3236 is amended to read as follows: §3236: PENALTIES FOR VIOLATION: Any person, firm or corporation violating any of the provisions of this Chapter shall be guilty of an infraction. Every such violation is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation within one year. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on ,2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on ,2007 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Mad Rodin, Mayor ATTEST: Gall Petersen, City Clerk ORDINANCE NO. I AGENDA SUMMARY ITEM NO: 10b DATE: January 3, 20o7 REPORT SUB.1ECT: STATUS REPORT CONCERNING THE DOWNTOWN/PERKZNS STREET FORM BASED CODE PRO3ECT SUMMARY: The purpose of this Agenda item is to provide the City Council with a status report of the Downtown/Perkins Street Corridor Community Visioning and Form Based Code project. We are currently preparing for Focus Group interviews that have been scheduled for January 16, 2006 and an intensive five-day public charrette in the spring. The Focus Groups will be structured around Design, Economic Development, Infrastructure/Public Safety, and Community Group Perspectives. Targeted attendees are: Design: Downtown Design Review Board, Main Street Design Committee, and local architects. Economic Development: Chamber of Commerce, Business Owners, Property Owners, Greater Ukiah Localization Project (GULP), and Developers. Infrastructure/Public Safety: City Police, Fire, Utilities, and Public Works. Community Groups: Smart Growth Coalition, Nuestra Casa, Low and Moderate Income Housing Advocates, Wagensellers Neighborhood Group. The general public will also be invited to attend. (continued on page 2) RECOMMENDED ACTION: Receive Report and decide if the Council would like to participate in the Focus Group exercise. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Interested groups and organizations Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None Candace Horsley, City M~{~ger The Focus Group interviews will be followed by an intensive 5-day public charrette tentatively scheduled for March. The purposes of the interviews and charrette are to gather viewpoints, identify issues and needs, determine people's perspectives of the ultimate outcome, and find common ground. Out of these exercises, a Vision for the downtown and Perkins Street Corridor will emerge. The public process is flexible and dynamic and ideas from the Council and public are welcomed. All interested groups, organizations, business owners, property owners, and general public will be invited to sit at the table throughout the entire process. City Council and/or Planning Commission Participation: The consultants have suggested that the City Council members and/or Planning Commission members may desire to participate in the Focus Group interviews. This can be accomplished with individual one-on-one 1/2-hour interviews with the consultants. Tf the Council is interested in participating at this level and in this manner, Staff will arrange the January 16th schedule accordingly. While the scheduling can be somewhat flexible, the consultants would prefer to conduct the one-on-one interviews with the Council in the evening between 5:00 and 9:00 p.m. RECOMMENDED ACTION: Receive Report and decide if the Council would like to participate in the Focus Group exercise. 2 FOCUS GROUPS Vi'EWPOI~NT GROUP ZNTERV~EW Ti'f4 E LOCATION Design Downtown Design Review 9:00 to 10:30 AH Conference Center Board Hain Street Design Committee Local Architects Economic Chamber of Commerce 10:45 to ~.2:~5 PM Conference Center Development Business Owners Property Owners Greater Ukiah Localization Project (GULP) Hain Street Economic Committee Infrastructure and City Utilities 1:15 to 2:45 PH Conference Center Public Safety City Public Works City Police City Fire Community Groups Smart Growth Coalition 3:00 to 4:30 PM Conference Center Wagenseller Neighborhood Group Low and Hoderate Income Housing Advocates Nuestra Casa Appreciative Inquiry Group 3 ITEM NO. 10c DATE: JAN. 3, 2007 AGENDA SUMMARY REPORT SUBJECT: APPROVE AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH EBA ENGINEERING DATED FEBRUARY 6, 2002; AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT No. 3, AND AUTHORIZE A BUDGET TRANSFER OF $85,695 FROM THE UNENCUMBERED PUBLIC WORKS ALLOCATION WITHIN FUND 105, MEASURE S, TO BUDGET ACCOUNT 664.3401.250.001, CONSULTANT SERVICES SUMMARY: Submitted for the City Council's consideration and action is staffs recommendation that an Amendment No. 3 to the Agreement for Professional Services with EBA Engineering dated February 6, 2002 be approved, that the City Manager be authorized to execute the Amendment on behalf of the City, and that a budget transfer of $85,695 from the unencumbered Public Works allocation within Fund 105, Measure S, to Budget Account 664.3401.250.001, Consultant Services be authorized. (Continued on page 2) RECOMMENDED ACTION: 1. Approve Amendment No. 3 to the Agreement for Professional Services with EBA Engineering dated February 6, 2002. 2. Authorize the City Manager to execute Amendment No. 3 3. Authorize the budget transfer of $85,695 from the unencumbered Public Works allocation within Fund 105, Measure S, to Budget Account Number 664.3401.250.001, Consultant Services ALTERNATIVE COUNCIL POLICY OPTION: Authorize a budget transfer from other General Fund Accounts. FUNDING: Amount Budqeted $31,811 From Acct No. Fund 105 - Public Works To Acct No. Additional Funds Requested 664-3401-250-001 $85,695 Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Rick Kennedy, Project Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed Amendment No. 3 to the Agreement for Professional Services dated February 6, 2002 Candace Horsiey, City IV~anager Page 2 Januaw 3,2007 Amendment No. 3 authorizes EBA Engineering (Consultant) to provide additional services related to the preparation of a Joint Technical Document (JTD) that has been requested by the North Coast Regional Water Quality Control Board (NCRWQCB) as part of their review and approval of the final closure of the Landfill. The estimated cost for the preparation of the JTD is $28,391. Amendment No 3 adjusts the maximum compensation stipulated in the Agreement for the preparation of Technical and Bid Documents (plans, specifications, engineer's cost estimate, and quality control assurance plan) from $31, 811 to $70,040 as a result of substantial changes to the design requirements for the landfill cap, increases in labor rates and direct expense fees and changed conditions discovered at the landfill since the execution of the Agreement. Amendment No. 3 formally provides compensation for additional services provided at the request of the City which were outside the scope of the work of the Agreement but expensed against the budget established by the Agreement. The cost of the additional services provided outside the scope of work but expensed against the Agreement is $18,975. BACKGROUND: The Agreement for Professional Services with EBA Engineering for the preparation of technical documents for the construction of the final cap for the City's landfill was executed on February 6, 2002 and compensation for providing the services required to complete the defined scope of work was to be made on a time and expense basis not to exceed a maximum compensation of $31,811. The level of effort needed to .perform the services of the Agreement was estimated based on the assumptions that existing topographic mapping of the landfill would be utilized, that the prescriptive final cover system consisting of the existing interim soil cover as the foundation layer, a compacted clay liner constructed from onsite clay materials, and a vegetative cover would be utilized, that the existing interim cover was at least two feet deep and that a gas extraction system would not be incorporated into the design. On November 18, 2002, Amendment No I was executed authorizing the Consultant to perform additional services involving the development of an engineered alternative cover analysis as requested by the NCRWQCB. Compensation for the additional services was estimated at $7,600 and the work of the Amendment has been completed within budget. On February 4, 2004, Amendment No 2 was executed authorizing the Consultant to perform additional services involving the evaluation and preparation of the final assurance submittal for corrective action at the landfill as required by the provisions of Title 27 of the California Code of Regulations. Compensation for the additional services was estimated at $5,160 and the work of the Amendment has been completed within budget. Subsequent to the execution of the Amendment, the following additional services not included in the approved scope of work of the Agreement or the executed Amendments were performed at the request of the City in response to issues raised by the NCRWQCB and City staff: · Meetings and telephone conversations with NCRWQCB and City staff to discuss closure design alternatives and associated cost issues. · Review, evaluation, and negotiation of new Waste Discharge Requirements issued by NCRWQCB in 2002. · Review of draft letters prepared by the City prior to submittal to NCRWQCB. · Evaluation of landfill gas issues and alternatives. · Discussions with City staff regarding miscellaneous corrective action issues for existing impacts to groundwater. · Meetings and discussions with the NCRWQCB and City staff regarding the nature and scope of the requested JTD. · Conducting landfill site inspections with NCRWQCB and City staff. Page 3 Januaw 3,2007 The cost for the above described additional services is $18,975 and this cost was expensed against the budget established in the Agreement for the preparation of the technical and bid documents. On August 19, 2006, the Public Works Director and Damon Brown with EBA Engineering met with NCRWQCB staff to discuss issues that were delaying the approval of the proposed final closure plan. It was learned that NCRWQCB staff perceived that the City did not have the ability to devote sufficient resources to respond to information requested by NCRWQCB in a timely manner or sufficient resources to devote to the closure of the landfill. It was also learned that as a result of changes to the regulations governing landfills, a JTD would need to be prepared and submitted to the NCRWQCB prior to the Board acting on the City's request to construct the final cap on the landfill. On October 13, 2006, City staff met with EBA staff to discuss the preparation of the JTD and to assign tasks amongst City and EBA staff for the completion of the JTD. As requested by the City, the Consultant submitted a cost proposal on November 21, 2006 for the preparation of the JTD based on the agreed task assignments. On December 21, 2006 the Consultant identified in writing the additional services provided outside of the Agreement and executed Amendments, but expensed against the budget established in the Agreement, and submitted a revised cost for the preparation of the technical and bid documents based on changes to the design concept and physical changes at the landfill which were discovered after the Agreement was executed. The issues and circumstances which have increased the cost are as follows: · The preparation of the technical and bid documents for closure has been delayed over four (4) years by circumstances beyond the control of the Consultant and increases in labor rates and fees for direct costs have occurred. · The original design scope was based on a prescriptive final cover consisting of the existing interim cover, a clay layer constructed from onsite clay materials, and a vegetated cover. As a result of the engineered alternative analysis submitted on March 11, 2003 and the finding that the interim cover was not 2 feet deep as relayed by the City, it was concluded that a geosynthetic clay liner coupled with a geonet composite drainage layer was more cost efficient than the planned prescriptive cover. This new cover system requires additional design effort. · Drilling performed at the landfill confirmed that the interim cover was not 2 feet deep as was thought to be and this will require the placement of additional material for the foundation layer which will change the base topography being utilized for the grading plan. · Installation of landfill gas extraction wells and possibly a landfill gas relief layer must be incorporated into the Construction Documents which will substantially affect the design effort. · As a result of concerns raised by the NCRWQCB staff, provisions to relieve any leachate buildup along the toe of the landfill may have to be incorporated into the design. The estimated cost to provide technical and bid documents for construction of the final landfill cap which will include the above changes to design concept and address changed conditions is $70,040. 3 CITY OF UKIAH AMENDMENT 3 TO AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF TECHNICAL AND BID DOCUMENTS FOR CONSTRUCTION OF THE FINAL CAP OF THE UKIAH SOLID WASTE DISPOSAL SITE This Amendment to the above mentioned Agreement dated February 6, 2002 is entered into this __ day of ,2007 (effective date), by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and EBA Engineering, Civil and Environmental Engineers, a professional corporation, hereinafter referred to as the "CONSULTANT". PREMISES The purpose of this amendment is to authorize CONSULTANT to provide services related to the preparation of a Joint Technical Document (JTD) which is being requested by the California Regional Water Quality Control Board, North Coast Region (NCRWQCB) as part of their review and approval of the proposed final closure of the CITY'S landfill, to reimburse CONSULTANT for providing additional services as requested by the CITY, and to revise and update the scope of work described in Article 1 and the compensation provisions described in Article IV of the Agreement. The scope of work related to the preparation of the JTD and the revised scope of work related to the preparation of the Construction Documents are more particularly described in the CONSULTANT'S Proposal dated November 21, 2006, marked "Exhibit "A" and attached hereto and incorporated herein. The City Council of CITY approved this Amendment No. 3 to the Agreement and the associated budget revisions for the additional and revised work at its regularly scheduled meeting of January 3, 2007. AGREEMENT CITY and CONSULTANT agree to the following changes to the Agreement dated February 6, 2002. All other terms and conditions of the Agreement and previously executed Amendments not modified by this Amendment shall remain in full force and effect. ARTICLE I SERVICES OF CONSULTANT Section 1.01 of Article I of the Agreement is modified by the addition of the following: "Task 2 of Exhibit A dated August 20, 2001 is modified by the addition of the noted design concept changes identified under the paragraph heading Construction Documents found on pages 3 and 4 of Exhibit A dated December 21, 2006 of this Amendment" Add the following Sections to Article I of the Agreement: 1.01c In addition to the services listed in paragraph 1.01 of the Agreement, paragraph 1.01a of Amendment 1, and paragraph 1.01 b of Amendment 2, CONSULTANT shall also provide those technical, expert, and professional services required for the preparation of a Joint Technical document (JTD) as described in Attachment 1 of Exhibit A of this Amendment. 1.01d CONSULTANT has provided services as requested by the CITY that are additional services to the Agreement and previously executed Amendments. These additional services were provided without the benefit of an executed Amendment or supplemental agreement and compensation for the additional services was expensed as time and expense charges against the monetary budget established in Section 4.01 of the Agreement. The Additional services so provided are designated in Exhibit A of this Amendment. 1.05c CONSULTANT shall provide the appropriate number of copies of the completed JTD for submittal to the California Integrated Waste Management Board (CIWMB) and the NCRWQCB plus two (2) copies for the City files. 1.08 CONSULTANT shall address any NCRWQCB comments to the JTD as additional services pursuant to the provisions of Section 1.07 of the Agreement. ARTICLE II SERVICES OF CITY Add the following Section to Article ii of the Agreement: 2.03 CITY shall be responsible for compiling designated information that is to be included in the JTD by CONSULTANT. The designated information to be provided by CITY was discussed on October 13, 2006 and includes but is not limited to as-builts for the leachate collection system, identification of all interested parties as to issues pertaining to the landfill, locating nearby water supply wells and the acquisition of associated Water Well driller's Reports. ARTICLE III TERM OF AGREEMENT Add the following Section to Article III of the Agreement: 3.02a CONSULTANT shall commence work on the preparation of the JTD upon receiving a written Notice to Proceed from the CITY and the draft copy of the JTD shall be completed within eight (8) weeks commencing with the receipt by CONSULTANT of the Notice to Proceed. ARTICLE IV COST OF SERVICES Section 4.01 of Article IV is deleted and replaced with the following new section: 4.01 CONSULTANT shall provide services described in Section 1.01 of Article I of the Agreement as modified by this Amendment for which compensation will be made for services rendered on a time and expense basis not to exceed a total compensation of seventy thousand forty dollars ($70,040) without the express written authorization of the CITY. Add the following Sections to Article IV of the Agreement: 4.01c CONSULTANT shall provide services described in Section 1.01c of Article I of the Agreement as added by this Amendment for which compensation will be made for services rendered on a time and expense basis not to exceed a total compensation of twenty eight thousand three hundred ninety one dollars ($28,391) without the express written authorization of the CITY. 4.01d CONSULTANT has provided additional services as these services are describe in Section 1.01d of the Agreement and which are outside the scope of work of the Agreement and said additional services have been expensed against the monetary budget established in Section 4.01 as that Section existed prior to being modified by this Amendment. Consultant has been paid eighteen thousand nine hundred seventy five dollars ($18,975) for said additional services and no additional compensation will be allowed therefore. ARTICLE V PAYMENT FOR SERVICES Section 5.02 of the Agreement is deleted and replaced with the following Section: 5.02 Payment Scheduling: Total payment not to exceed $70,040 without written authorization from the CITY for that work to be performed in accordance with Section 1.01 as this Section is revised by this Amendment. Fees for professional services as outlined herein shall be paid on a time and expense basis. A detailed explanation of services and the associated fees shall be itemized on each invoice submitted by CONSULTANT. The approved labor rates and fees for direct costs are shown on CONSULTANT'S "Standard Schedule of Fees and Rates" which is included in Attachment A of this Amendment. Add the following Sections to ArUcle V of the Agreement: 5.01c Payment Scheduling: Total payment not to exceed $28,391' without written authorization from the CITY for that work to be performed in accordance with Section 1.01 c which has been added to the Agreement by this Amendment. Fees for professional services as outlined herein shall be paid on a time and expense basis. A detailed explanation of services and the associated fees shall be itemized on each invoice submitted by CONSULTANT. The approved labor rates and fees for direct costs are shown on CONSULTANT'S "Standard Schedule of Fees and Rates" which is included in Attachment A of this Amendment. ARTICLE XV EXTENT OF AMENDED AGREEMENT Section 15.01 of the Agreement as amended by Amendment No. 2 shall be modified with the addition of the following: "The amended Agreement shall also consist of this Amendment No. 3 together with CONSULTANT'S proposal dated December 21, 2006 which is attached hereto as Attachment A and is incorporated herein." EXECUTION OF AMENDMENT IN WITNESS WHEREOF, THE PARTIES HERETO HAVE CAUSED THEIR DULY AUTHORIZED OFFICERS TO EXECUTE THIS Amendment No. 3 in duplicate the day and year first above written CITY OF UKIAH Candace Horsley, City Manager EBA ENGINEERING Date Damon Brown, President EBA Engineering 68-018186 IRS IDN Number APPROVED AS TO FORM: Date David Rapport, City Attorney Date November 21,2006 Mr. Tim Erilcsen, P.E. Director of Public Works City of Ukiah, Department of Public Works (City) 300 Seminary Avenue Ukiah, CA 95482-5400 RE: Dear Tim: EBA Engineering (EBA) appreciates the opportunity to present this Proposal to prepare the Joint Technical Document (JTD) that is being requested by the California Regional Water Quality Control Board, Nmtb Coast Region (RWQCB) as part of their review and approval of the proposed final closure of the City of Ukiah Landfill Based on previous and recent discussions with Ms. Teri Cia at the RWQCB, the requested JTD must address the various technical ilems stipulated in the RWQCB's reporting index for JTD submiltals, as well as a number of site- specific issues and concerns raised by the RWQCB. In general, the intent of the document is to provide a comprehensive submittal that will assist the RWQCB in writing final closure waste discharge requirements (WDRs). Per our discussions with Ms. Cia, it is our understanding that the JTD must address and include the following: The various technical items stipulated in the RWQCB's reporting index for JTD submittals. Much of this information already exists as part of previous report submittals (i.e., Report of Disposal Site Information, Report of Waste Discharge, Final Closure Plan, etc.). Accordingly, the existing information will be integrated into a single document that complies with the JTD index. Selected documents will be appended to the JTD. as appropriate. Copies of pertinent construction and geologic documents, including as-builts for the leachate collection system and exploratory boring logs/construction details for groundwater monitoring wells and landfill gas (LFG) monitoring points. Identification of all interested parties in the area, including new neighbors that ruight have visual or traffic concerns during the closure construction activities. · Characterization and abandonment of the old leachate pond. L')~rojecAgOTqTD Propo.ml doc 1 AGENDA SUMMARY REPORT ITEM NO. tOd DATE: JAN. 3, 2007 SUBJECT: AWARD CONSULTANT SERVICE AGREEMENT TO WINZLER AND KELLY WITH COMPENSATION NOT TO EXCEED $91,900 FOR THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE RE-ALIGNMENT OF GOBBI STREET AT OAK MANOR DRIVE AND BABCOCK LANE, AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONSULTANT SERVICE AGREEMENT AND AUTHORIZE A BUDGET TRANSFER OF $91,900 FROM THE PUBLIC WORKS FUND 303 (GAS TAX) TO BUDGET ACCOUNT 100.3001.250.000, CONSULTANT SERVICES SUMMARY: Submitted for the City Council's consideration and action is staffs recommendation that a Consultant Service Agreement be awarded to the civil engineering firm of Winzler and Kelly for the preparation of plans and specifications and associated documents to facilitate the construction of the re-alignment of Gobbi Street at Oak Manor Drive and Babcock Lane (the Project) and authorize the City Manager to execute the Consultant Service Agreement. Compensation for the services to be provided is to be made on a time and expense basis not to exceed the maximum compensation of $91,900 based upon the scope of work stipulated in the Consultant Service Agreement. (Continued on page 2) RECOMMENDED ACTION: 1. Award a Consultant Service Agreement to Winzler and Kelly for the preparation of plans, specifications and associated documents for the construction of the Re-alignment of Gobbi Street at Oak Manor Drive and Babcock Project. Compensation is to be made on a time and expense basis not to exceed a total maximum compensation of $91,900 based on the scope of work stipulated in the Consultant Service Agreement. 2. Authorize the City Manager to execute the Consultant Service Agreement. 3. Authorize the budget transfer of $91,900 from the Public Works Fund 303 (Gas Tax) to Budget Account Number 100.3001.250.000, Consultant Services. ALTERNATIVE COUNCIL POLICY OPTION: Authorize a budget transfer from other General Fund Accounts. Abandon the Project and not award a Consultant Service Agreement. FUNDING: Amount Budqeted $181,082 From Acct No. 303 - Gas Tax Fund To Acct No. Additional Funds Requested 100.3001.250.000 $91,900 Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Rick Kennedy, Project Manager Coordinated with: Candace Horsley, City Manager Attachments: 1. Proposed Consultant Service Agreement between the City and Winzler and Kelley 2. Labor Effort Comparison 3. Project Concept Plan Candace Horsley, City I~anager Page 2 Janua~ 3,2007 Staff is also seeking the City Council's authorization for a budget transfer of $91,900 from the Public Works Fund 303 (Gas Tax) to Budget Account 100.3001.250.000, Contract Services. In response to the City's request for cost proposals (RFP) which were mailed to six (6) engineering consultants, proposals were received from Winzler and Kelly and Green Valley Consulting Engineers. Both proposals were responsive to the RFP requirements and no exceptions were taken. The level of effort presented in each proposal for the various identified project tasks were similar, however, it was noted that there was a substantial cost differential in sub-consultant fees for geotechnical and structural engineering services. Both engineering firms proposed a project team having sufficient expertise in performing the type of engineering work required to complete the Project. However, it is noted that the Winzler and Kelly project team has completed more engineering projects similar to the City's Project. The estimated fees presented in the proposals were $89,362 and $131,315 based on the scope of work described in the RFP. Subsequent to a telephone conference call between the members of the Consultant Selection Committee and Winzler and Kelly's Project Design Team, an additional allowance of $2,500 was identified for at least two consultation meetings with the Department of Fish and Game and other Resource Agency's as required during the preliminary engineering phase. The Consultant had recommended that the additional consultation task be included in the scope of work and the Selection Committee agreed. BACKGROUND: The Re-alignment of Gobbi Street at Oak Manor Drive and Babcock Lane Project has been programmed for State funding under the 2006 State Transportation Improvement Program (STIP) as Project No. 4091P at a funding level of $458,000 for construction. The City's local funding commitment was established at $70,000 of which $5,000 was slated for environmental studies and permits, $35,000 for the preparation of plans, specifications, and estimate, $20,000 for right of way acquisition including support, and $10,000 for construction support. The entire cost for the project was estimated at $528,000. The local funding commitment for this Project is not budgeted in the City's current Budget. Initially the Project was programmed for the 07/08 fiscal year. However, based on the recommendation from the California Transportation Commission (CTC) staff, STIP funding for the Project was moved to the 06/07 fiscal year on April 27, 2006 with the adoption of the 2006 STIP by the CTC. To meet the funding deadlines and prevent the loss of state funding it is necessary that the City submit a funding allocation request to Caltrans with completed CEQA documents and right of way certification no later than the beginning of April. Permits from Fish and Game and the Corps of Engineers will be required necessitating the completion of the Preliminary Design Phase by the end of February. The project schedule is aggressive and it will take considerable resources and dedication to complete the design work within the time frame established by the funding program. The Project involves the re-alignment of Babcock Lane with Oak Manor Drive at Gobbi Street to create a standard 90 degree intersection with four approaches and pedestrian and bikeway facilities. To accomplish the project objectives the work will include the construction of two box culverts, the re-channelization of Gibson Creek at the intersection, re-locating conflicting utilities, Page 3 Janua~ 3,2007 demolishing existing roadway sections, roadway bridge and the pedestrian bridge, construction of new street sections with curb, gutter, sidewalk, and ADA curb ramps, right of way acquisition, the construction of temporary creek crossing or the temporary diversion of the creek, and the restoration of the creek disturbed by the construction. The Concept Plan for the Project is attached. Funding requests for the Project began in 2000 under the Safe Routes to School Grant Program and the Project has received written support from former State Senator Wesley Chesbro, the Oak Manor Parent Teacher Organization, the Ukiah Unified School District, Oak Manor Elementary School, the Mendocino Council of Government Executive Director, the Ukiah Police Department, and former Council Member Kathy Libby. ATTACHMENT 1 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES [Design Professional] This Agreement, made and entered into this __ day of ,2006 ("Effective Date"), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and WlNZLER & KELLY CONSULTING ENGINEERS, a Corporation organized and in good standing under the laws of the state of California, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: City requires consulting services related to the preparation of plans, specifications, engineers cost estimate and related engineering reports and calculations for the Re- alignment of Gobbi Street at Oak Manor Drive and Babcock Lane Project. Consultant represents that it has the qualifications, skills, experience and properly licensed to provide these services, and is willing to provide them according to the terms of this Agreement. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Exhibit "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. TERMS OF AGREEMENT 1.0 DESCRIPTION OF PROJECT 1.1 The Project is described in detail in the attached Scope-of-Work (Exhibit "A"). 2.0 SCOPE OF SERVICES 2.1 As set forth in Exhibit "A". 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 3.1 CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services within the project time lines as specified in Exhibit "A" from receipt of the Notice to Proceed. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends it is entitled to further compensation. 4 4.0 4.1 4.2 4.3 4.4 5.0 5.1 COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $91,900 based on the scope of work defined in Exhibit "A". Labor charges shall be based upon hourly billing rates for the various classifications of personnel employed by Consultant to perform the Scope of Work as set forth in the attached Exhibit "B", which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be as set forth in Exhibit "B". Consultant shall complete the Scope of Work for the not-to-exceed guaranteed maximum, even if actual time and expenses exceed that amount. Chanqes. Should changes in compensation be required because of changes to the Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Exhibit "A" and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work if said sub-consultant was not identified in the Consultant's proposal. The cost of sub-consultants shall be included within guaranteed not-to-exceed amount set forth in Section 4.1. Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable thirty (30) days after receipt by City. The invoices shall provide a description of each item of work performed, the time expended to perform each task, the fees charged for that task, and the direct expenses incurred and billed for. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made and the expenses claimed. ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. It is the express intention of the parties hereto that Consultant is an independent contractor and not an employee, joint venturer, or partner of Ukiah for any purpose whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Consultant under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in Ukiah have been inseded solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Consultant and Ukiah. 5 5.2 6.0 6.1 Consultant shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for himself and his employees, if any. Consultant agrees to indemnify and hold City and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Consultant, including the legal costs associated with defending against any audit, claim, demand or law suit. Consultant warrants and represents that it is a properly licensed professional or professional organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. Errors and Omissions liability insurance appropriate to the consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 6 Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coveraqes The City, it officers, officials, employees and volunteers ara to be coverad as additional insurads as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with raporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coveraqe The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 7 6.2 3. Professional Liability Coverage If written on a claims-made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend to the City's final approval of the Contract Documents. 4. All Coveraqes Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. F. Verification of Coveraqe Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant agrees to indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to the negligence, recklessness, or willful misconduct of the Consultant and its agents in the performance of services under this contract, but this indemnity does not apply to liability for damages for death or bodily injury to persons, injury to property, or other loss, arising from the sole negligence, willful misconduct or defects in design by the City, or arising from the active negligence of the City. "Indemnify," as used herein includes the expenses of defending against a claim and the payment of any settlement or judgment arising out of the claim. Defense costs include 8 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 all costs associated with defending the claim, including, but not limited to, the fees of attorneys, investigators, consultants, experts and expert witnesses, and litigation expenses. References in this paragraph to City or Consultant, include their officers, employees, agents, and subcontractors. CONTRACT PROVISIONS Ownership of Work. All documents furnished to Consultant by City and all documents or reports and supportive data prepared by Consultant under this Agreement are owned and become the property of the City upon their creation and shall be given to City immediately upon demand and at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Exhibit "A". Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. Severabilit¥. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assiqnment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. 9 7.10 Duplicate Oriqinals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPT. OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482-5400 WlNZLER & KELLY CONSULTING ENGINEERS ATTENTION: MIKE KINCAID 495 TESCONI CIRCLE SANTA ROSA, CA 95401-4696 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date: WINZLER & KELLY CONSULTING ENGINEERS BY: PRINT NAME: Date IRS IDN Number CITY OF UKIAH BY: CANDACE HORSLEY CITY MANAGER Date ATTEST GAILPETERSEN CITY CLERK Date APPROVED AS TO FORM: DAVID J. RAPPORT CITY ATTORNEY, CITY OF UKIAH 10 F.~nIBIT A Cost Proposal to Provide Engineering Design Services for the Re-Alignment of the Gobbi Street Intersection at Oak Manor Drive and Babcock Lane Section 2 Understanding of the Scope of WorA The design of the re-alignment of the Gobbi Street Intersection at Oak Manor Drive and Babcock Lane is relatively straightforward in terms of a road improvement project. However, there are several interrelated elements of the re-alignment that could add challenges to the design due to permitting requirements. Potential permitting issues could include impacts of the construction within the Russian River floodplain/floodway; re-aligning Gibson Creek, which will likely be considered an anadromous stream with steelhead; potential maintenance issues with sedimentation of the channel and associated culverts; potential erosion of channels banks with a meandering channel alignment; and a very tight time schedule with potential delays for CEQA and regulatory review timelines. Winzler & Kelly has assembled a team of experts that regularly deal with these issues and can address each of these elements to help ensure that the project proceeds smoothly from design through to construction. Some of the key elements are described in more detail below. Construction within the Floodplain/Floodway No increase in the 100-year water surface will likely be allowed with the intersection re- alignment. The analysis to prove this to FEMA requires a step procedure very similar to the procedure we recently performed for the City when we prepared a LOMR (Letter of Map Revision), essentially taking out a portion of their treatment facilities that were originally constructed within the floodway. The basis of the analysis is to prepare a hydraulic model (HEC- 2/HEC-RAS) based on the original cross sectional data FEMA used in developing the floodplain boundaries. To this end, we have suggested that the City place a request with Michael Baker Engineers, who is the keeper of the data, as this is a time-consuming process. We have provided the necessary Flood Insurance Data Request forms to the City so that they can quickly request the data. Once a base line model has been developed that matches the results of the original model, new existing conditions cross sections are added within the project reach to better define this reach. This becomes the new effective model. Cross sections representing the changes to the intersection and the re-alignment and added culverts are then prepared and the results compared to the effective model. As long as no increase in water surface occurs, the project can proceed without going through an LOMR process. It appears that the project is located in the floodplain caused directly by backwater of the Russian River and, as such, Gibson Creek has little impact on this water surface. The above analysis will be done for the Russian River floodplain and cross sections to verify that there is not an increase in water surface elevation due to changes in the Russian River cross sections. A secondary analysis will be conducted strictly using cross sections obtained by our surveyors for 100-year flows within Gibson Creek. Gibson Creek is not listed in the FIS, so there are likely no FEMA cross sections or models related directly to Gibson Creek. However, 1 O-year, 50-year, and 100- year flows are estimated for Gibson Creek in the FIS study. We will prepare before and after HEC-RAS models of Gibson Creek and tailor our re-alignment of the Creek so that the re- alignment does not increase the water surface based on the 1 O-year, 50-year, or 100-year creek flows. Cost Proposal to Provide Engineering Design Services for the Re-Alignment of the Gobbi Street Intersection at Oak Manor Drive and Babcock Lane Issues Related to Re-alignment of Gibson Creek Re-alignment of Gibson Creek will require significant coordination with the regulatory agencies including Fish & Game, NMFS, Corps of Engineers, and RWQCB. This stream is a tributary to the Russian River and likely has sensitive habitat for various species including steelhead. Both the re-alignment and construction of culverts in the creek will likely trigger regulatory issues that will need to be quickly addressed. Although the RFP does not ask for CEQA/permitting efforts, Winzler & Kelly has a very strong environmental group with experts in stream restoration/fish passage design with good relationships with many individuals from the regulatory agencies. They will be able to help in our design to address potential concerns so these issues can be addressed early, reducing the likelihood of hold-ups during the regulatory agencies' review. An example regulatory requirement related to steelhead passage would be to bury the soffit of the culverts, creating a natural bottom. This design strategy is sometimes referred to as stream simulation and is applicable in low-gradient sites such as this. Part of the design requirements for stream simulation is to not restrict the channel width. The outlet of the downstream culvert across Babcock Lane also appears to be much narrower than the upstream channel. Regulatory agencies could require widening this outlet to the same width as the culverts to avoid increased velocities that could impact migrating steelhead and stream bank stability. We would propose to meet with the agencies at the beginning of the design to review the concept design and help minimize project delays during the permitting process. Maintenance Issues in Re-aligned Creek The re-alignment may create potential bank erosion and continued gravel deposition that will impact future maintenance. Our experts in stream restoration understand channel geomorphology and will be able to address methods of bank stabilization that will be acceptable to the regulatory agencies. The City proposed a configuration that relies on two culverts rather than one long one, which is a reasonable concept to reduce impacts to the channel and allow easier maintenance of sediment deposits. If fish passage design is required, then the wider culverts will likely reduce maintenance requirements. Tight Schedule Constraints This is a fast-track project and all our team members have worked on other fast-track projects and are ready and committed to get this work completed. In order to meet the aggressive schedule indicated in the RFP, it is critical that the surveys occur immediately after the notice to proceed. The surveys of the street areas are relatively straightforward and can be completed quickly, but the more critical surveys of the creek will be weather-dependent. These surveys are needed in order to perform the floodplain hydraulic analysis. We have the staff ready to complete the surveys. Early discussions with the regulatory agencies will help ensure that the agencies will buy-off on the 40% design with few time-consuming changes. Our key project staff can schedule meetings with the agencies at their earliest convenience. Cost Proposal to Provide Engineering Design Services for the Re-Alignment of the Gobbi Street Intersection at Oak Manor Drive and Babcock Lane Winzler & Kelly has the in-house staff available to complete a fast-track 40% design effort followed by a very aggressive final submittal package. We have worked with City staff in the past and would be comfortable holding informal over-the-shoulder reviews at key times throughout the design process. Our offices are in close proximity to the City allow us to conduct meetings that may be necessary to quickly resolve issues and conflicts should they arise. Proiect Time Line The following critical completion dates for the Project have been established: · Issue RFP · Complete initial Study and circulate for comment · Design Service Proposals due · Conduct Consultant Interviews · Prepare award recommendation to City Council · Award of Design Service Agreement by City Council · Complete execution of the Design Service Agreement · Complete Preliminary Engineering Design Phase · Complete CEQA process · Submit permit applications to Resource Agencies · Right of way acquisition · City submits allocation request to Caltrans · Receive Comments from Resource Agencies · Conduct project meeting to discuss comments/mitigations · Complete Final Design Phase excluding bid period assistance · Resubmit to Resource Agencies for permits · First publication of Request for Bids · Open bids · Prepare recommendation for award · Award of Construction Agreement · Begin Construction · Complete Construct 11/27/06 12/11/06 12/22/06 12/27/07 12/28/07 01/03/07 01/15/07 02/28/O7 03/16/07 03/19/07 O3/23/07 04/O2/O7 05/04/07 05/08/07 05/25/07 05/29/07 06/03/07 06/27/07 07/12/07 07/18/07 07/30/07 11/02/07 EXHIBIT "B" Cost Proposal to Provide Engineering Design Services for the Re-Alignment of the Gobbi Street Intersection at Oak Manor Drive and Babcock Lane Section 3 Proposed Compensation Our proposed compensation is based on taking the preliminary City concept design to the 40% and final design level. Any changes resulting from potential CEQA/permitting issues may impact the design fee. The table below outlines the various tasks and estimated man hours. We have also listed potential optional services we can provide should the City require such additional services. These would be negotiated as needed. WINZLER & KELLY - PROJECT FEE ESTIMATING SHEET project Name: RE*ALIGNMENT OF GOBBI STREET INTERSECT[ON AT OAK MANOR DRIVE AND BABCOCK LANE Prepared by: r~s/sa Job Number: p02§02-C(559-32214 LABOR COSTS FEE COMPUTA~ON LABOR CATEGORY = PIC PfoJ. Sr. ProJ. PrOj. LLS 2-Person StaffCAD WP TOTAL OTHER~ Sub- /TOTAL Mgr. Eng. Eng, Crew Tech HOURS DIRECT gonsultant($ - OTH ER DIRECT COSTS include lelephone, mileage, prin~n~ photocopies and other m~sCellaneous direct expenses - Assumes uflliTJ n g Caltrans Std Plans for box culvefis with modifications of std sizes and calcu[aUons Does not ir~clude design of CUlverts from sc~at ch - Assumes 2 meetings - Assumes one addendum Assumes 2 meelmgs 14 ATTACHMENT 2 CONSULTANT SERVICES FOR THE RE-ALIGNMENT OF GOBBI STREET AT OAK MANOR DRIVE AND BABCOCK LANE LABOR EFFORT COMPARISON IN MANHOURS Review Existing Data Surveys/Field Investigation Hydraulic Analysis Investigate Underground Utilities Geotechnical Investigation Prepare Permit Graphics Prepare Preliminary Plans Total Hrs for Pre-liminary Engr Green I I Winzler Valle~ & Kelly 2 8 56 86 34 58 o 4 ~4 232 I 2~ 395 381 Prepare Final Contract Documents Bid Assistance 336 266 10 18 Subconsultant Services Geotechnical $17,000 Staff $7,800 Structural Engineering $15,000 ATTACHMENT 3 AGENDA SUMMARY ITEM NO: z]a DATE: January 3, 2007 REPORT SUB.1ECT: DISCUSSION AND ACT:ZON CONCERNING PROPERTY OWNERS REQUEST FOR CITY INI"I'IATED ANNEXATION OF THE BRUSH STREET TRIANGLE SUMMARY: The owners of the property within the Brush Street Triangle have submitted a letter asking the City Council to consider initiating annexation of their parcels into the City limits (Attachment No. :L). They believe that the Brush Street Triangle does not have major constraints to development and because it adjoins the City and is west of Highway 10:L, it represents the logical extension of the City's incorporated lands. Typically, the property owners would initiate an annexation and therefore this request is somewhat unusual. The property owners will be in attendance at the January 3rd meeting to discuss their request and provide the reasons why they would like the City to initiate the annexation. Planning Issues: When the City certified the Orchard Avenue Bridge EIR in .]anuary of 2005, it adopted a mitigation measure requiring the preparation of a "Comprehensive Land Use Plan" for the Brush Street Triangle before development could occur. While annexation of the land would not involve development and therefore not be subject to this mitigation measure, it would require prezoning by the City Council. Prezoning is a legal requirement for annexation so that the land is zoned when it is incorporated into the City. One option for prezoning the Brush Street Triangle is to create a "Planned Development" zoning that includes allowed and permitted land uses, development standards, a circulation plan, and design standards for future development. This would provide some level of planning for the predominantly vacant land as a part of the annexation process. (continued on page 2) RECOMMENDED ACTION: Discuss and consider a City initiated annexation approach for the Brush Street Triangle. ALTERNATIVE COUNCIL POLICY OPTION: Do not consider a City initiated annexation approach and provide direction to Staff. Citizen Advised: Cox, Mayfield, and Thomas, and interested groups and organizations Requested by: .]ack Cox, John Mayfield, and Dan Thomas Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. Correspondence from ]ack Cox, dated December 7, 2006 (~an~,ce Horsley, City Mana~ 1 Another option would be to allocate the resources needed to develop a "Comprehensive Land Use Plan" for the Brush Triangle in anticipation of annexation, if exploration of this option is desired, Staff could prepare a description of the needed resources and costs and return to the Council for further discussion. Such a discussion could include property owner participation and cost sharing in the planning effort. Background: In April of 2005, two of the property owners submitted a preliminary annexation request for a portion of the Brush Street Triangle. After reviewing the submitted material, Staff had determined that the potential buildout of the subject lands could cause potential adverse environmental impacts and required the applicants to fund the preparation of an environmental impact report. To date, that project has not moved forward. Environmental Review: It is unknown what level of environmental review would be required to prezone and annex the entire Brush Street Triangle. A considerable amount of information is now available from the Orchard Avenue Bridge EIR, but it is unknown whether or not the buildout assumptions contained in the prezoning planned development document would match those in the EIR. While it is possible that a Negative Declaration could be prepared for the prezoning and annexation, it is also possible that a separate environmental impact report could be required. The question of who would pay for any required studies or an ETR needs to be answered. Similarly, if a Comprehensive Land Use Plan is prepared, environmental review would be required and could involve additional costs. Requirements Before Annexation: The Council is aware that a number of things must occur before an annexation could proceed. These include completing the Municipal Service Review, finalizing the proposed new Sphere of Influence, and reaching agreement on both a property tax sharing agreement and housing allocation agreement. The preliminary text of the Municipal Service Review is undergoing internal review and the maps, figures, and tables referenced in the document are being finalized. Staff anticipates presenting the Preliminary Review MSR document to the Council for discussion in early 2007. RECOMMENDATION: Discuss and consider a City initiated annexation approach for the Brush Street Triangle. 2 Jack L. Cox P. 0. Box 13B9 455 E. Gobbi St. Ukiah, Ca. 95482 07 December 2006 A'I-I'AC H M ENT_ I OdlIiee (707) 462-7573 Home (707) 455-1475 Fax (?o?) 462-7978 e-mail: iackcox~saber, net Ukiah City Council c/o Charlie Stump, Director Planning & Community Development 300 Seminary Ave., Ukiah, Ca. 95482-5400 Re: Annexation- Brush Street Triangle Area Dear Council Members: This letter is to encourage the Ukiah City Council to consider initiating annexation into the city the area commonly referred to as the Brush Street Triangle. I, together with others, own property within the area and. as a matter of fact, submitted a Preliminary Annexation Request to the city in April of 2005. Developable lands within the city limits have been scarce for a number of years. The topography of the land lends itself to easy development, and its visual exposure to Highway 101 makes it desirable for colnmercial development along its f~ontage. With the provision of water and the expansion of other needed utilities, such as sewer, etc. the area will lend itself to varied uses, such as needed housing, both single-family and multi-family, as well as commercial. I believe the triangle area is the ideal area for planned growth; it is not impaired with restricted access for emergency vehicles as is the case in the eastern foothills; it is not subject to the steep slopes and soil instabilities (slides) that have been a recurring concern in the western foothills; and it does not infringe upon the areas reserved for agricultural use being the lands lying east of Highway 101 and north of Lgver's Lane. Geographically, the subject area would be a natural extension of the city's incorporated for taking the time to consider this request. ~ack L. Cox Property Owner ~C~d ITEM NO. 11b DATE: January 3, 2007 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT ON THE ANTON STADIUM RENOVATION PROJECT AND AUTHORIZE STAFF TO PROCEED WITH THE DEMOLITION AND RECONSTRUCTION PROCESS. Spearheaded by Al Anton, Anton Stadium was built in 1952 with the support of local community members and service clubs. Since its construction, the Stadium has been the primary location for outdoor youth sporting and recreational activities in the Ukiah Valley. However, the facility has aged beyond that of routine maintenance and requires significant reconstruction in order to accommodate continued usage. Attachment #1 includes current photographs of the deterioration for review. In 2005 the City of Ukiah was awarded a $500,000 competitive grant from the State of California Department of Parks and Recreation for the renovation of Anton Stadium. As a requirement of the grant, the City must raise at least $214,857 in matching funds. The match can include monetary/material donations and volunteer labor/equipment. The scope of the grant for Anton Stadium includes the following components: · Field Upgrades (dugouts, drainage and batting cage renovations) · Parking Lot Improvements (resurfacing and lining) · Pedestrian & ADA Access (renovate stairs, walkways, ramps & drinking fountains) · Grandstand and Baseline Seating Renovation · Structural Demolition (old team rooms, restrooms, and storage rooms) · Reconstruction (multipurpose room, restrooms and storage rooms) Continued on Page 2 RECOMMENDED ACTION: Authorize Staff to proceed with the demolition and reconstruction of Anton Stadium. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine additional information is needed prior to proceeding with the demolition and remand to Staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Anton Stadium Stakeholders Group N/A Sage Sangiacomo, Community/General Services Director, and Maya Simerson, Community Services Supervisor Candace Horsley, City Manager 1. Current Site Photographs 2. City of Ukiah Building Inspector's Site View Inspection Memo 3. Conceptual Sketch of New Structure & 3-D images APPROVED.k,. Candace Horsley, City I~ager Under the grant, the total project is estimated at $714,857. In addition to the $500,000 grant, the City currently has $75,000 dedicated to the project in the 699 Special Project Reserve Fund and up to $175,000 in per capita park funds dedicated from the County on behalf of Supervisor Wattenburger. The funds from Supervisor Wattenburger were dedicated to the City in an undetermined split for Anton Stadium, Swimming Pool, and Skate Park projects. Because the per capita funds are from the State, they can not be used towards the match, but can be used to cover costs beyond that of the project estimates listed in the competitive grant. The stakeholder group has begun exploring fundraising opportunities needed to meet the match. In February of 2006, Staff held the first Anton Stadium stakeholders meeting. Stakeholders included representatives from the Ukiah Lions Club, Ukiah High Baseball, North Ukiah Little League, South Ukiah Little League, Pony/Colt League, building and design professionals, and other interested members from the community. The stakeholder group continues to meet on a regular basis and provides updates to the community with press releases published in the Ukiah Daily Journal's sports section. At the end of the summer baseball season, City Staff determined that the Stadium seating had deteriorated to a point were it was no longer safe to accommodate spectators and closed the main grandstand area. Since the closure, Staff has utilized the volunteer expertise of building and design professionals in the community and our own City Building Inspector to evaluate the condition of the facility. Informal site inspections were completed by the following professionals: · Mike Johnson, an Architectural Designer with a background in Civil Engineering and Architectural Design from Ruff and Associates · Ron Franz of Franz Engineering · L D Giacomini Construction · David Willoughby, City of Ukiah Building Inspector · Councilmember Crane The unanimous conclusion of these professionals is that the facility has significant structural deterioration and is unsafe in its current condition for continued use. In addition, the structure does not meet current seismic or accessibility requirements. It was also the opinion of these professionals that it would cost much more to fix the current facility than it would be to demolish the majority of the structure and reconstruct the facility from the ground up. The City's Building Inspector's site view inspection memorandum is included as Attachment #2 for review. Staff has made presentations to the Ukiah Lions Club and the Parks, Recreation, and Golf Commission to make them aware of the status of the Stadium. The vision of the stakeholders is to recreate the same look, feel and flavor of Anton Stadium as we all know it with every effort to reuse as much of the original materials as feasible and keep a similar footprint to the existing Stadium. Attachment #3 includes images of the draft conceptual generated by Mike Johnson of Ruff and Associates. Given the support of the identified professionals, the Anton Stadium Stakeholders, and the Parks, Recreation, and Golf Commission, Staff would like to move forward with the demolition of the structure since it represents a liability to the City in its current condition. Staff believes there is enough justification to proceed with the demolition process and that contracting for a formal engineering report is an unnecessary expense. Staff is seeking Council approval to proceed with the demolition and reconstruction process. If approved, Staff will begin the demolition permit process and continue to develop the reconstruction plans. Furthermore, if the demolition can be completed before the Spring, there would only be limited interruption to the users of the facility who will be able to continue to access the field and western seating area. Attachment #1 Attachment #2 MEMO TO: SUBJECT: DATE: FROM: Sage Sangiacomo 599 Park Blvd, (Stadium) 11-2~-06 David Willoughby - Building Inspector On November 29, 2006 I performed a site view in o~der to took at the condition of Anton Stadium. The fo#OWing lists the observations I made: · The structure is primarily constructed of woo<:l W~th the l:)nmary structural suppo~l being post and beam construction. · The roof framing is in poor condition, Beams are $~e made 12 x 12 glue lams which spen apl~oxtmately 32 feet and deflect approximately 12 inche~ in the center Pudlns are 6 x 12 DF and span apfxoximately 20 feet and deflect ap~xoximately 6 inches in lhe center. The roof decking a0l:~eara to he 2 x 6 and · The stadium floor decking is in i:xx)r condt/Jon. 2 x 6 rotted at various locet~ons. · The siding is board and bart. Condit]Ort is fair to poor with much of the bottom rotted. · There is a concrete foundation around the perimeter and under posts. Condit~n unknown. · The benches are weatYmred, shaky and some ate rotted. · The overall bes~gn ~s poor from maintenance and waterproofing standpoint (ma~y leaks arx~ rot due to water intrusion). This structure does not meet the currant seismic, o~ accessibility requirements ~ the California building (xxle. As a public facility it is required by Federal ADA standards to be accessible and in my opinion the structure is a p<Xential liability to the city in its current state. I believe it would cost rno~e to fix the ~ with this building than to dem(~ish end begin from the ground up. Attachment #3 ITEM NO. DATE: January 3, 2007 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF THE PURCHASE OF ONE GO-4 PARKING PATROL VEHICLE FROM MUNICIPAL MAINTENANCE EQUIPMENT INC. IN THE AMOUNT NOT TO EXCEED $33,042.62 AND REQUEST BUDGET AMENDMENT FOR SAME SUMMARY: The Parking Enforcement Officers (PEO's) are the faces of the City in downtown Ukiah. The Enforcement Officers have the difficult duty of assuring that the customers of downtown Ukiah have ample parking. Ukiah has one full time and one part time enforcement officer responsible for parking enforcement. The officers chalk tires from the vehicle and cover a large area in downtown Ukiah. (Attachment #1) Chalking tires affords the enforcement officer the ability to determine if a vehicle is in violation of overtime parking. The job duties limit the type of vehicle that will meet the needs of parking enforcement. BACKGROUND: In 2001, Nissan loaned the City two electric HyperMinis as part of a pilot project that included several other cities in California. The real world test was to determine if the Nissans were able to handle the difficult job of Parking Enforcement. (Continued) RECOMMENDED ACTION: Approve purchase of a new GO-4 Parking Enforcement Vehicle from Municipal Maintenance Equipment, Inc. (MME) in an amount not to exceed $33,042.62 and authorize budget amendment for same. ALTERNATIVE COUNCIL POLICY OPTION: Decline the purchase and provide direction to staff. FUNDING: From To Additional Funds Amount Budqeted Account Number Account Number Requested $33,O42.62 Parking District Fund Balance 220.4601.800.000 Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City Manager Don Ballek, Assistant to City Manager/Economic Development Candace Horsley, City Manager Attachment #1 Map of Parking District Attachment #2 Vehicle Comparison Matrix Attachment #3 GO-4 Product info and Specs APPROVED: '~:=~-7--y~ '~ Candace Horsley, City rv~nager Nissan sent three additional electric vehicles to Ukiah for the Utility Department Meter Readers to test in 2003. In July 2006 Nissan Motors picked up the five HyperMini's and ended the test. Nissan determined that the electric vehicle test was concluded and that they were going to close the project and move their operations to Spring Hill, Tennessee. Due to the loss of the Nissan HyperMinis, staff researched replacement vehicles for parking enforcement. Staff identified several features (Attachment 2) that are important in a Parking Enforcement Vehicle and researched vehicles for these features. ELECTRIC VEHICLES: Staff first looked to replace the HyperMinis with other types of electric vehicles including the GEM Car. Staff researched options ranging from electric scooters to electric cars. Safety is a major issue for the Parking Enforcement Officers. A small vehicle on State Street among the big pickups and heavy traffic can be intimidating and even dangerous. The Segway, Electric Rickshaws, Electric Bicycles do not afford the right hand drive nor do they offer safety features necessary for Parking Enforcement. Winter months eliminated these vehicles from consideration as rainy weather renders the vehicles useless. Weather protection is an issue in the rainy season as well as the heat of the summer months. Other issues also influencing the decision are visibility and ease of use. The Gem Car does not have right hand drive which is a priority for chalking tires. The amount of plastic used in the car does not even afford the doors to close all the way allowing for road spray and dirt into the cab. This car may be used as a secondary vehicle for use in checking expired meters and parking lot meters where chalking tires is not necessary, but it can not be considered as a primary Parking Enforcement Vehicle. Staff contacted and made arrangements to test an electric car from a dealer in Santa Rosa. The car was delivered for a test drive and the car was put through the paces for a couple of days. The tested electric car does not have right hand drive and is not easy to use. The cheap construction and materials make reliability and safety a concern. The City is still supportive of electric vehicles but could not find one that would meet the needs of Parking Enforcement at this time. There may be future discussions for an electic vehicle that would be used mainly in the summer months. The City continues to support electric vehicles by offering a free charging station at Parking Lot A at Standley and Oak Street. ALTERNATIVE FUEL VEHICLES: Staff discovered that the Kawasaki Mule, although it used BioDiesel, could be made street legal. The local supplier of BioDiesel can not meet the demand for their current customers and could not commit to the City's request. Without a secure source of fuel, this option is not viable. However, of even more concern, the Mule does not meet California emission standards. OTHER COMMUNITIES: Staff contacted Pasadena, San Rafael, Santa Rosa, Monterey, Gilroy, Arcata, Las Vegas and others regarding Parking Enforcement Vehicles. In the past, Cushman was the only other manufacturer to build three- wheeled parking enforcement vehicles, but has discontinued manufacturing them. The communities contacted by staff agree that the only vehicle on the market for Parking Enforcement that meets all the criteria for Parking Enforcement is the GO-4 manufactured by Westward Industries. USED VEHICLE: San Rafael has a fleet of 6 GO-4 Parking Enforcement Vehicles. San Rafael is in the process of replacing their two older models. The thought was that Ukiah might save money by purchasing used equipment. However, upon speaking with San Rafael, staff found out that the older models are over 10 years old and "require more work than they are worth". The option was dismissed as the maintenance of the GO-4's would be costly on the older models. RECOMMENDATION: After looking at a variety of vehicles and talking with a variety of communities, staff believes that the GO-4 Parking Enforcement Vehicle is the best option for Ukiah. It is recommended that Council approve the purchase of one GO-4 Parking Enforcement Vehicle from Municipal Maintenance Equipment, Inc. (MME) in an amount not to exceed $33,042.62 and authorize budget amendment for same. A copy of the GO-4 Vehicle specifications is included as Attachment 3. ATTACHMENT HENRY SMITH 'STANDLEY~- PERKINS CHURCH II STEPHE.N$ON SEMINARy A~FACHMENT A'FTACHMENT_ ' 3 CITY OF UKIAH EQUIPMENT SPECIFICATION #E27193 FOR ONE (1) NEW 2{:}07 WESTWARD INDUSTRIES lTD. GO-4 PARKING PATROL VEHICLE The City of Ukieh invites bids for furnishing one (1) new 2007 Westward Industries Ltd. GO-4 parking parrot vehicle. The following specifications shall be considered minimum, however, bidders who feel they can supply a comparable vehicle that does not fully meet the detalled specifications are encouraged to submit bids. All deviations from these specifications shall be described in the bid proposal. There will be no trede-lns involved in this bid. Bidder shall, as indicated on the Request for Bid form, state the total price for the new vehicle as specified (including any options and accessories), sales tax, destination charges and any other applicable lees or charges, FOB the City of Uklah. Only proposals from licensed dealers (new} will be considered. The City reserves the right to select and purchase a vehicle dire~ly from the State of California Deparlment of General Services. Please contact Mary Horger at [707) 463-6233 if you have any questions regarding these specifications. GENERAL INSTRUCTIONS TO .BIDDERS Each bidder shall attach to his bid a complete detailed description of the unit he proposes to furnish. All equipment catalogued as standard shall be furnished and included in the purchase pdce of the unit. The total price shall include all equipment, acce~'~orias, and optional items. In making its selection, the City will consider all factors relating to the vehicle including operating performance, operator comfort, safety, service and parts availability as well es cost. The vehicle furnished under these specifloations is to carry the standard warranty offered to the general public. A complete detailed description ofthe standard warranty shall be provided with the bid. The City reserves the right to reject any or ail bids and to determine which bid, in its opinion, will best sen/e the needs and requirements of the City. The successful bidder shall supply the vehicle fully equipped and ready for service at the time of delivery. Dealer shall process registration and title transfer for exempt license plates to the Department of Motor Vehicles on behalf of the City of Uklah. Sp~c[t~cado~ ]~2.7193 - Pa§c 1 of 3 SPECiFiCATION: Engine; 4-cylinder 4*cycle IJquld cooled Overhead cam Electronically fuel tnJected Transmission= 4-speed eut3)roaldc (automotive transaxle with electronically controlled shift:) Overall height with cab 69,S~ Overall length Overall wlctth 52,$" Outside turning radius ;I. 14" Inside turning radius 36# wheelbase 78.5" Braking .Service: Automotive Power assisted hydraulic disc' brakes on all three wheel~ with dual master cylinder Parking: Hydraulic: over mechanical Electrical Symem Charging: Heavy dLr0/70 amp automotive alternat0r Llghta: · Twa sealed-beam headlights * Stop/tail lights with high visibility stapllgh~ Turning lights Turn Signals Starting: ~.2-volt ste~ng motor Tnterlock prevents starter from operaUng unless shift; lever Is In "neutral" ar "park" position Gauges: Speedometer Hour meter Fue! level Water temperature /ndlcator Lights: * OII pr~ure warning · Diagnostic service light · Seat belt Qverddve indicator * Charging sy~:em - 'Low fuel Fronl~ Heavy duly hydraulic tore assembly with 6" of travel Rear: ~ndependent Mr. Phemon strut Climate C~3ntral IJquld.'con~ 20,DO0 BTU heater/defroster ~ee~ing AdJu.~able tilt steering wheel with center mounted horn 155 x 80 x 23" all season radials BodvFea~ures · 3-wheel with 'q'ubeguard" tubular steal frame · Aluminum body panels and box wlth Iockable COV(~r · Sliding metal doors with Independently sliding windows · Steel front and re. ar bumpers · Outside rear view Shoulder harness seal: belt · EleCtric windshield wlper with Intermittent control & windshield washer · garde light · Fleer root LT[ {.lateral thrus~ indicator) safeb/clevlce Seat One passenger adjustable fore and alit wlfll adJustablA bKk and headrest Fual Tank g U.S. gallons Weight Capa~ty Vehicle Weight: [435 lbs. GVWR: 2235 lbs. R~ted Capa¢lL'y: 600 lbs. plus operator white with all black frame and accents (standard) Sp~-Lfic.~6on wo7193 - Page 2 of 3 NDU-~D-~06 14:~B FF~O~I:C~TY nF UKiAH p~CH~ '?OT-465-~SA lu:~l~l~ccl~;~ ~',~ Wiring; Wiring harness with abrasion-re~i:~"canl: loom, Multiple pluCJ In connectors for access~rle~ Governor: EleCtronic of 1 I:h~ fuet InJectlan systcnl TranSmission Cooler: Integrated L,TZ: (:Latcral Thr~Jsl: Indlcato~,1 for safer ope~t;Ion of vehicle Top Speed Electronically governed from ~accory at 40 MPH Accessories to bid. separately: 1) Air Conditioning 2) Light Bar Bracket & Switches 3) Rotating or Strobe Warning Lights Installation 4) AM/FM Radio 5) Back-up Alarm 6) Sliding Rear Window 7) Front Bumper Protector (Nerf Bar) GO-4 INTERCEPTOR 133[ IT3[L1TY VEHICLES Westwanl Indugfi~ LTD.(b~reaftcr ~b:d W.LL) ~ for o~ (13 ~ ~ ~ ~O~ ~-I~C~TOR ~ ~o~ ~ v~clc and ~a~ ~ ("~ ?m~"), ~c~g ia ~ fo long t~:. 1. This ~ ~o~ on fli~ ~t~ ofod~ ~ pumh~ ~ d~v~ ~d ~i~ds ~ ~ oH~lm~ ~mh~ o~y. A~y, ~is m~ ~ not ~bl* ~ ~y tab.quit p~. 2. ~y ~ of~ pw~ ~bu~d by W~ ~ fo~d to ~ defe~ ~ mn~ or wor~p will b~ ~ or ~hc~ d~d byW~,, ac~ ~so~ly ......... · . T~ Pmd~ ~olud~g ~ ~rc=dw pm m~ ~ rammed ~d~t p~ald to W~ oi ta'~ ~ W3~. d~l~ &r ~i~ ~ ~mg~ for w~ ~ s~ ~ pa~k by ~e o~, W~'s ~ili~ ~ ~ of b~ch of ~ ~-~ ~ l~d to offing tim nc~ r~alm or ~emen~ No sg~ claim s~ bt ~ ~r ~on or ~i~ of 4. ~ ~W ~o~ m~ ~ p~g by ~ aufl~o~ W~- ~ or ~ce ~gvc. ~of of pu~c ~ be to ~g~ any w~ claim · 6~ ~ ~ ~ ~t ~cl~ s~~ ~t~ ~j~ m u~ ~r.or mu~ ~ce, ~ es ~ ~k plu~ i~ b~ ~d clu~ 1inlay, ~ ~t bu[~ and 7. T~ ~y do~ not cov~ ~y Pmdu~ ~t ~s b~n ~j~t m ~ ncgl~ ~8~ or ~d~L or ~at ~ S]~fl~ly, ~ ~ do~ not Apply to ~y Pm~ t~ bu be~ fl~d or mo~ ~ ~ ~ ~v~ly ~ ~e ~ not ~d ~ ~aim ~ ~ ~ no~ w~ or mugnc ~, ~ ~ ~ ~= of p~ or ~c~fi~ w~ch in ~ j~g~t ofW~ ~ eid~ ~ce~efible w~ ~e ~du~ or ~*ly ~ctia op~o~ ~o~et or d~. 8. W.L~ ~ ~c ~ght ~ ~ or ~pmve file d~ of ~y ~ ~ut ~g any obErOn w modi~ ~y P~du~ ~n~ . . do~ not ~e or au~ ~nc ~ ~.we ~r ~em ~y o~ ob~ 10. ~ o~ or con~go~, ~ or t~Ecfl, ~ng m~b~ or fim~ for ap~ul~ ~o~ or o~ 11, ~meju~cfio~ do not ~OW !imi~oes on h~ long ~ ~plJed~ ~ ~= above Hm~oa~y not applym yo ~e of ~g ~ pmd~ to ~ au~ d~er or ~ ~m~v~ ~d ~ ~ of m~{ng it b~ to ~c o~, ~ b b~ p~c~ ~v~, lodes, Io~ or ~g= to p~o~ pmp~, lo~ af~ lose of ~c ~ ~= ~6~ lops 13. Some j~do~ do not allow ~= ~c~ion or l~mfion og~d~ o[ ~ns~u~ d~g~ ~c ~vc ~mtlon or ~cl~ion ~y ~t apply m ~ . . , ~5. ~ ~logd ~ m~u-~tlon fo~ ~ ~ d~elo~ for yo~ ~c It ~id~ ~ o~ ~e whi:le ~ W~ ~ ~ you E~. w w w va e ~ z va a r ,4 I n d u s t r i ¢ ~ ¢ o m WESTWARD INDUSTRIES LTD EMISSION CONTROL WARRANTY STATEMENT MOTORCYCLE Lii~TED WARRANTY YOUR WAI:tI~NTY RIGHTS AND OBLIGATIONS We~'tward Indua'tri~ Ltd. (W_I:I'..) is l~l~sed to explain'the eraission control systam warranty on your n~w mot,,,,.yclc. In th~ United S~-% new motor vehiclcs must be designed, built and equipped to meet strinscnt a~fi-smog st~dards. W.LL. wazrants the er~sslon control system On your motorcycle rot :h~ pcriod oftimc listed below, lXOVidecl thctc has bean no ab.ee-, negl=ct or impropct maintenanc,~ of~ar motorcy~lc. Your ca~i,sion control system includes such parts a~ thc ~ injection system, thc ignition system, catalyth: _convc~r and cagina computer. Also includ~cl ,~-',y be hosc~, belts, cormcctors Ired otlmr anission.z~lated usanbllcs. Whcl'e a warrantabl= condigon cx/s~ W.LL. will repa/r your mot0rcyrJ~ arno cost to you inchd/~g diagnosis, parts ~nd hbour. MANUFA~R'S WARRAN'I~ COVERAGE F~r the warrantyperiacl of 30,O00 lan (18,~41 miles) or If aa ~nission-rcbiIod part of your motamlr..lc is d~fc~tlvc, th= par: w'[ll bc repaked or replaced by WZL.. provided the pm~L has not failed duc to ~buse, neglect, impmpCz D c~'cc~s Warreaty. OWNER'S W~ RESPONSIBILITIES As thc motm~-,~lc owner, you arc rcsponsiblc for thc pcrformancc of thc rcquircd tnalatenancc listccl in your owner's manual. W..[.L. rccommaacls that ~ r~'~Jn all receipts coveting malnt~nm!_c= on your mob~cle, but WX,L- m,-n0t deny wammty sob:ly for th6 lack ofrccdpts or for your flu'lure to msme the pm'formaac~ of all ~chcclul ed main terrace. You arc reapomlble tar l:,r~enting your motorc,~clc to a W 1 L deak:r as soon as a problem cxims. The ~varranty rgpahs should, bc completed in a rea~m,hl¢ lime., aot to exceed 30 clays. As thc motorcycle owner, you should also be aware thai; w.l.r, may dcily you covcragc ii'your motoroyclc or a part !~?_* failcd duc to aimsc, ncglcct, im.m-opcr maintmancc or d~c to unapproved modifications. W.L1L wand,s to ~ ultir~ purclms~ and ~ach subsequent purchaser th=rea~er that n~v v~./¢l~s ~cd for sal~ and reg/st~'rcd in tho U~ited States 1. Dcs/g~cd, built ~d cqu/F/~cl s° a~ t° c~i'°nn, ~t thc time °£ salc, ~& ~ ~pplicablc regulations adopted by the Environmental ~otcction Agency, and 2. Fr~ flx~n defe~t~ in material a~d wmtcmrmship fo£ the warranty l~ri°d °f the vchiclc. Warranted pans which arc s;he. dulc~d for ~-plac~m~nt as required /tr~- warrall~ up to theh' ~ :replal::~'nent po/nC A dcf~ ~xists wh~ a mai~ial or wodcman~h/p is sach that an onission ~lnIcd wnnante, d part is not identical in all -~-*~ial respects to that part as ltescribcd in app]i0atiom Wammty p~riod b=gh~ on th~ d~: the motoi~l~ is de. liv~-~d to the 6zst r~ail p~rcha.~n-, or on lhe da~ it is/irst placed in so~ic~ a~ a &:monslra~r. W.1.L wantons to th~ ul~mate pur~--~r a~g each subsequent purchasar/h~fler that n~-w vahlclcs tariffed for sal~ mid r~glsta~l in C'~lia~is are d~si~n~cl, built and equ/pp~d so as to confom~, at the time ofsale., with all applicable r~nflatlons adopted, by th~ Cal/for,~ A/r Resourocs Board. WARRANTED PARTS INCLUDE ~ FOLLOWING; Air Inclu~Xion Syst~n Air re~onnnce chambers $1~rkplu~s* Ignition coll l~ition wk~ I~vaporativ¢ control ~ Evaporaliv~ ~n~- CaniSt~ purge' valve ('Duty ~ol~-loid vaIv~) Fuel cap Fu~l tank C~t~lytio conv~rtcr Oxyicu ~nsors PCV valve lVliscellaneou.s Hoses, ~lamps, fittiags, scaling gnsk~ or alu*vices anti mauntinl: h,erdwar~ * Thc odglnal spark plug(s) arc warrautcd up to the firs~ scheduled replacemmt indicated in thc Owner's Manual and not thc full wananty pe/iod. (Se~ your Owner's lvlanual) DURING TB.~ FERIOD OF THIS W.IL. will ~ ~r tcplacc my warranted pan dccmcd dcfccfivc by W.LL. during thc scopc of the warranty without charge'to thc ovmcr, inclod~n5 l:mrts, Iai:mm- md diagnosis. ]~xccpt tmd~ cmcrg~cy condltions~ this work must b~ don~ at an authorized W.LL, d~al~'. Give notic~ tO an authorized W ! r_ dealer of any apparent d~f~x~s) v, dthin a teil~oBablo pe~od o~til:lle ~ ~O'~'y. The ve..hiolC ~.11~ bc made aV;ngnhle for ~on by en emb, o~:l W&.L ~,~r. In the cyst that a wsrrantcd pm't p~ovcs to bc dcfectlv~in an cmcr~cnoy siluation (no authariz~ W. LL dcal~is nmsonably availabl~, or a W-I-I .. pa~ is not available 30 day~ or a rcpair is not complcted within 30 ~y~) the owner may rcpair thc vehicle hivn sdf or ufiliom ar~ retmir establishment and any equivalent pm-t. t~or reimbursement, you must ~cmin all dcfcctivc pm'ts and n:ccipts for parts and labour. Prcscut thc above to an authoriz~xl W. LIL dmlcr for i~pc~fiou. Thc dcel~ will assist you regarding w,~xanvy rcimbnr~m~t. ' WARRANTY REIMBURSEM]tlNT, under ~n~Icncy coodition~ ~ llmltcd Io thc costs of ~Iiagnosi% par~ and labaur docum~al~dby the r~pt, or to th~ su~l~l pric~ o~ all ~uival~t gemuin~ W.LL. part o~1 the manuf:actu~r-~comm~d~l time allowlmc~ for giagnosis a~d 'labour for ~h~ warr~ty repair al the labour rat~ prceailing in ~ av~ whichrwr is l~s. OWNER'S RESPONSIBILITY: Thc ovm~ of'thc vchiclc is msponm'bla for thc pcr~,mancc of~ maim~-c~ (Se~ your Own~'s Manual). Rcceip~s a~d mainUmaucc rcconts covc~g thc pcrrmmnncc o£~guler mainu:nancc should bc retained i- th~ ~vcnt qucslions arise conccraing maintemu~c 'Howover~ f~u~c oft]mc owner lo pcrr~m the requimt maintenance or to ,.-~;~ malnienancc rcoords shall not, p~r se. be ~ounds for dir~llowbxg ~wau~,-,ty ~. ~c ~p~ ~o~d ~u~t o~ of ~ ~he ~sion ~n~ol ~ of your WJ~. motorize were d~gn~ b~ t~ed nH ~m~ pa~s) ~ for m~u~n~ r~la~t or ~n~! s~s be W-LL. p~ ~ ~ may ~ ~pb~m~t or ~pa~ of~ emi~on consol d~i~ ~ f~ se~ ~nc~ ~c~e~ or ~ wi~out ~g ~. Howler, ~e c~t of su~ ~ce or pa~ h~. This warranty does not cov~r damage t~sulting from acaid~nts, a~ts ofnatu~ or other c-vents or oCCUrr~c.~ l~-~ncl thc ;ontrol OfW. I.L.. W~tward Industries L~L expr~edy disclelms rc~x~i~ for any a~i all consequential damagcs, such as less oft[me~ inconvenience, ]oss ofvzc of the vehicle or commcrcial loss. This wa~anty docs not cowr ~fly v~hiclc on which thc odomclc'r has b~n 't~nlX~fl. with or on which thc ~nileagc has bcc~ changed. · ,Vcstwatd Industries Ltd. l OW Highway 26 St. Fran:oL~ X~v~, Manitoba CAm-d- P.4L lA.6 Te~: (204) 8f~-2056 Fax: C204) 864-236~t MME_. ~lunicipnl ~laintenance l~quipment 2360 Harvard Succt 1061 N. Shaped St,. Unit B Sa~ram~.to. CA 95g 15 Atmlmim, CA 92806 Phon~: (916) 922-1101 Phone: (~ 14) 632-2g? l RETURN ON INV,. Two to six month payback on orfglnal purcl increased pro[iu~tlvlty due to re increase[I prodLlCtlvlty due to ia~ fewer RE.O~ to cover required fewer RE,O,s require fe~r sup~ increased revenue dueto ~ora versatill~ of using vehicle for ~ rico b~sed on: fatigue e to travel to and [rom beats 'S ;ircuits oi b~a~.s ;es, sucll as traffic control, SPECIFICATIONS Engine 61 h.p., ~lquid cooled 4..cylinder, ~verhead cam 4-cycle, electrcnlc~Jly fuel in)eclecl Transm i~lo~ 4-speed automatic (aUtomot~o trancaxle with electronically controlled shllt) Dimensions Overall height with cab 69.5" Overall lengt~ 1t8" OveralT width Outside t-ming r~dlus 114" Inside turning radius 36" Wheolb,3se 78.5'" Brakl#g Semlca - AUtomotive power assisted hydraulic erisa helms on ali lhree wheels with deal master oyllndeI' Parking - Hydreulk; over rneehanl~a! Electrical System Charglog - Heavy duty 70 amp automotive alternator Lights. Two sealed-bourn headlights Stop/mil fights with high visibility stoplights ?urning ligi~m Turn signals $1~rtTeg - 13-volt s~dtng motor Interlock prevents starter from opora~ing unless shllt lever la th "neutral or park" portion ~iauge$ - Spoed~ltletar, fuel level, hour meter and water tornpemlure Indicator U gilts - O~1 pressure warrgng, Die§nestle sum'/se fight Soot belt, Overdrive IndiCator, Charglrlg sysiem Low fuel Wiring - Wlflng harness with abrasion-resistant Teem Multtplo I~lUg In caanec[ors for BCCaSso~Ios Gevemo~ - Electronic on the fuel injection sy~utem TmnsmlSSlon Cooler- Integrated LTl - (L.~taml Thrust Indicator) for safur opr~mtion of vehicle Suspension Front - Heavy duty hydraulic fork e. ssembly with $" of travel Rear - Inde~ndant McPhemon st~t C/finale control LJquld core 20,000 BTU heater./ defroster Steering AdJu~ble dL[ steedng whoO, I with center mounted horn , Tit'es 155 x 60 x 15" all-season radials Body features 3-wheel with "Tubege~rd" tu~bular steel Irarne Nurnlnu, m body pnrlsiS ~nd box with Ioekabte cover SIl~thg metal ~om with i~dependsntly sliding windows Stool imm and rear bumpers Shoulder harness seat bott Outside rear view mirrors Electric windshield wiper with ~termtttsnt ~ontrol and windshleM washer Dame light Fleet mat L~I [b3toml thrt-~t indtsat~0 S~fofy device Seal one passenger ad|ust~bto fern and with adjustable baol¢ and headrest Fuel Ta~k g US gallons. Weight Capacily Vehicle weight, 1435 lbs. GVWR, 2235 lbo. Rated capacity, nOD lbs plus operator Color White with all black frame and a~ents (stan~rcl) Top Speed Eleclronl~ally governed fram factory at 40 rnph 'iQ77 Highly 26 $~. Frontals Xauler, Manlmtm Canada R4L 1A6 Phone (~04-) 884.2056 Fax: (204) 884.2364 E.mell~ Info ~w~stwerdlndu~las.cem Web: www, w~twa~lln dimities,cam ITEM NO: 11 d MEETING DATE: January 3, 2007 AGENDA SUMMARY REPORT SUBJECT: Discussion of Budget Process and Goals Meeting The Directors will begin meeting with their staff in January to initiate the discussions for the 2007/08 fiscal year budget process. The City Manager will be holding round-table sessions with the departments to generate goals for the next year and possible funding options. This year, staff would like to hold the joint goal setting meetings with the City Council in early February to receive feedback from the Council before drafting their budgets for the initial worksheets. ]~n addition, Mayor Rodin has expressed interest in formulating the Council's goals in February so that staff will be able to include them in the budget development also. It takes approximately five months to complete the budget process for the City. The Council receives the final draft budget with the departmental requests and City Manager recommendations in mid-.lune. This provides review and time for the Councilmembers to prepare for the budget hearings that normally take place in the last week of 3une. Staff is requesting discussion of an appropriate date in February for the departmental goal session with the Council which will take from four to six hours. RECOMMENDED ACTION: Discuss date for departmental goal session. ALTERNATIVE COUNCIL OPTIONS: Citizens Advised: Requested by: Prepared by: Candace Horsley, City Manager Attachments: N/A Approved:L..~ (~"~....- -'~,~.~'"~ Candace Horsley~'~ity Manager