HomeMy WebLinkAbout2007-02-07 Packet CITY OF UKIAH
CITY COUNCIL AGENDA
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
February 7, 2007
6:00 PM
4:30 PM Special Meeting of the Ukiah Redevelopment Agency
6:00 PM
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Presentation: The PlaceMeant Project - "Stories of Why Where Matters"
b. Introduction of New Employee - Cody Jennings, Information Technology Specialist
PETITIONS AND COMMUNICATIONS
None.
APPROVAL OF MINUTES
a. Special Meeting of November 2, 2006
b. Regular Meeting of January 17, 2007
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 Mark Ashiku and Referral of Claim to the
Joint Powers Authority, Redwood Empire Municipal Insurance Fund
b. Approval of Notice of Completion for Mendocino Drive Storm Drain Replacement
Specification No. 06-12
c. Annual Review of Traffic Signalization Fund for South Orchard Avenue and East Gobbi
Street
d. Annual Review of the Redwood Business Park (Airport Industrial Park) Capital
Improvement Fees
e. Authorization of Purchase of Laserfiche Document Management from ECS Imaging, Inc.
in the Amount of $19,801.25
f. Report Regarding Acquisition of Computers from Dell Marketing' L.P. in the Amount of
$6,133.64
g. Authorization of a Budget Amendment for the City's Share of the County Animal Shelter
Facility Construction Costs and Operating Costs
h. Report Regarding Acquisition of Services from Johnson's Quality Tree Care in the Amount
of $6,325.00
i. Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emergency
10.
11.
12.
13.
14.
Adoption of Resolution Removing 45 Lineal Feet of On-Street Parking Along Thomas Street
Near South State St.
Report to Council on the Purchase of a Carport Structure from Rainbow Agricultural
Services in the Amount of $5,886,38 for Observatory Park Historical Renovation
Report to the Ukiah City Council on the Purchase of 250 Yards of 60/40 Infield Mix from
Borges Transfer Service in the Amount of $9,918.81 for the Ukiah Sports Complex
Request for Authorization to Purchase Networking Equipment from AT&T in the Amount of
$14,307 Plus Shipping and Approval for a Budget Amendment and Transfer to Fully Fund
the Purchase
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are
interested in, you may address the Council when this mat~er is considered. ~f 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 act[on to be
taken on audience comments in which the subject is not listed on the agenda.
PUBLIC HEARINGS (6:15 PM)
a. Conduct Public Hearing to Consider Adoption of a Resolution Establishing a $50.00 Fee for
Processing Sewer Lateral Testing Permits, Inspecting the Sewer Lateral Test, Reviewing
Test Results and I Issuing Sewer Lateral Testing Certificates
b. Hearing on the Issuance of Tax-Free Bonds for Low Income Housing Project by California
Statewide Communities Development Authority, as Required by the Tax and Equity Fiscal
Responsibility Act of 1982 ("TEFRA") and Possible Adoption of Resolution Approving
Financing - Terrace 1 Apartments at 1164 Mulberry Street, Ukiah
UNFINISHED BUSINESS
a. Discussion and Possible Approval to Proceed with Request for Bids for Test We Drilling
b. Participation at Second Joint City Council/Board of Supervisors Ukiah Valley Area Plan
(UVAP) Meeting
c. Status Report - Ukiah Valley Area Plan (UVAP)
d. Introduction and First Reading by Title of an Ordinance of the City Council of the City of
Ukiah Amending Articles 1 and 18 of the Division 4, Chapter 2 of the Ukiah City
Code, Pertaining to the Definitions Used in the City of Ukiah Sewer Ordinance and to the
Replacement and Repair of Sewer Laterals; Authorize a Request for Proposals to Qualified
Engineering Consultants to Assist Preparation of Administrative Guidelines and Other
Support Services Pertaining to Development and Implementation of a Sanitary Sewer
Management Plan (SSMP)
NEW BUSINESS
a. Discussion and Possible Action on Inland Water and Power Commission Issues including
Membership in Russian River Watershed Association, Matching Funds for Coyote Dam and
Alternative Water Sources
b. Adoption of the City of Ukiah's Multi-Hazard Emergency Response Plan
c. Discussion of Goal Setting Workshops Dates and Strategic Planning Process for City
Council
COUNCIL REPORTS
CITY MANAGER/CITY CLERK REPORTS
CLOSED SESSION
Conference with Real Property Negotiators (GCS 54956.8);
Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah);
Negotiator: Candace Horsley, City Manager;
Negotiating Parties: City of Ukiah & David Hull/Ric Piffero;
Under Negotiation: Price and terms of payment.
Conference with Real Property Negotiators (GCS 54956.8);
Property: 1041 Low Gap Road, Ukiah
Negotiator: Candace Horsley, City Manager
Negotiating Parties: City of Ukiah/MCOE
Under Negotiation: Price and terms of payment
15. ADJOURNMENT
Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific
accommodations or interpreter services are needed in order for you to attend. The City complies with
ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request.
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda
was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300
Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda.
Dated this 2nd day of February, 2007
Gall Petersen, City Clerk
MEMORANDUM
DATE:
TO:
FROM:
SUB3ECT:
January 26, 2006
City Council
Candace Horsley, City ManagerC~/~
Emergency Plan Update
Staff has completed the update of the City's emergency plan. it is being
provided to you in advance of the Feb. 7 Council meeting where it is agendized
for adoption. Chief Latipow had revised the plan, but T had asked Chief Clarabut
to review it due to new state requirements before the final draft was released.
Please feel free to contact me or Fire Chief Clarabut directly at 463-6263 if you
have questions.
ITEM NO. 3a
MEETING DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: PRESENTATION: THE PLACEMENT PROJECT- "STORIES OF WHY
WHERE MATTERS"
Mayor Rodin has arranged for Erica Cooperrider and Catherine Magruder, artists with Ukiah Players
Theatre, to introduce a digital story created for "The PlaceMeant Project: Stories of Why Where
Matters" - a two year collaboration with the Center for Digital Storytelling (funded by the James Irvine
Foundation), designed to help community members in Ukiah and around Mendocino County connect
personally and creatively with this place we call home.
Digital stories are 3 - 5 minute "movies" combining a voice-over with photographs and music.
"PlaceMeant Project" digital stories illuminate and celebrate what community members value about this
town and this region; they are a rich addition to the current conversation about how we collectively
imagine and manifest the future of our community.
RECOMMENDED ACTION: Receive presentation.
ALTERNATIVE COUNCIL POLICY OPTIONS: Not Applicable.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Yes
Catherine Magruder, Ukiah Players Theater
Sue Goodrick, Risk Manager/Budget Officer
Candace Horsley, City Manager
Candace Horsley, City M~nager
ITEM NO. 3b
DATE: February 7, 2007
AGENDASUMMARYREPORT
SUBJECT: INTRODUCTION OF NEW EMPLOYEE- CODY JENNINGS,
INFORMATION TECHNOLOGY SPECIALIST
The IT Department is pleased to introduce a new Career Employee. Tonight Steven
Butler, the IT Supervisor presents Information Technology Specialist, Cody Jennings.
Cody Jennings started out his career with the IT Department as an intern in October,
2006 and has served in that capacity since then. In that short time, Cody has proven his
value to the department and to the city as a whole with his intuitiveness, polite manner
and willingness to learn.
Cody was born to the City of Bakersfield, CA where he lived for the first five years of his
life. In the year of 1990, Cody and his parents moved to the lovely town of Ukiah. He
has lived here ever since. Cody graduated from Ukiah High School in 2004. He first
joined the City of Ukiah as an Information Technologies intern in 2006.
In his spare time, Cody loves to play a rousing game of Disc Golf with a couple of
friends. He also enjoys attending community events and working on computers at
home. When he can, he also loves to surf and enjoy the beauty of the Northern
California Coast.
RECOMMENDED ACTION: Welcome Cody Jennings to the City of Ukiah.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised: N/A
Requested by: N/A
Prepared by: Steven Butler, IT Supervisor
Coordinated with: Brent Smith, Finance Director and Candace Horsley, City Manager
Attachments: N/A
Candace Horsley, City Manager
5a
CITY OF UKIAH
CITY COUNCIL
SPECIAL MEETING MINUTES
WATER PERMIT WORKSHOP
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
November 2, 2006
5:00 p.m.
The Ukiah City Council met at a Special Meeting on November 2, 2006, the notice for which being legally
noticed on October 30, 2006. Vice Mayor Baldwin called the meeting to order at 5:16:05 PM.
Roll was taken with the following Councilmembers present: Crane, McCowen, and Vice Mayor Baldwin.
Councilmember Rodin arrived at 5:47 PM. Absent: Mayor Ashiku. Staff present: City Manager Horsley,
Director of Planning and Building Stump, City Attorney Rapport, City Clerk Petersen, and Deputy City
Clerk Brown.
2. PLEDGE OF ALLEGIANCE led by Councilmember McCowen.
3. WATER PERMIT WORKSHOP
a. Workshop on Water Permit and of Place of Use Amendments
City Attorney Rapport reviewed his Agenda Summary Report which provided history and purpose of the
pending petitions with the State Water Resources Control Board ( to extend the term of the water rights
permit), change the place of use (POU), and change the points of diversion (POD). The City is required to
prepare an Environmental Impact Report ("EIR") for the petitions. An initial study was prepared for the EIR
scoping session, with public interest being expressed about the change in the POU. The original public
comment period was to expire on October 23, but at its October 18 meeting, City Council extended it to
November 6, and agreed to conduct this workshop to respond to public concerns.
City Attorney Rapport provided an overview regarding the City of Ukiah, Millview, and Willow Water
districts emergency inter-tie agreements entered into in June of 2002.
· The City and Millview retained Leonard Charles & Associates to prepare the EIR and authorized
Wagner & Bonsignore to do technical engineering work.
· The City's consultants recommended Calpella be included in the change petition to avoid an actual
and threatened violation of our permit, The City's.primary interest in including Millview and Willow and
their service areas was to not risk serving emergency water outside of its POU.
In 2002, Willow determined there were areas it was serving that weren't included in the POU map and
instructed Wagner & Bonsignore to revise their POU to pick up those areas. Millview also expanded
their POU map.
Attorney Rapport noted that at the August 18 meeting Vice Mayor Baldwin asked a series of questions,
and the City has tried to provide some answers to those questions, within the attached Agenda Summary
Report, pages 4-7.
Public Comment 6:06:26 PM
Frank McMichael, Executive Officer, LAFCO, was invited by Council to comment and answered a series of
questions the Council had relating to annexation as it related to water issues.
· A certificate of completion must be filed within one year by LAFCO, so the place of use permit
approvals by the State should occur prior to annexation requests.
· It would be very difficult to set a sphere of influence greater than the present legal boundaries of
Millview/and or Calpella due to their current water resources.
· Sphere of Influence is a planning area in anticipation of future growth. In the case of cities, it is
typically the area that a city expects to expand into in the next twenty years.
· Annexing into the agricultural part of the Valley would be extremely difficult for LAFCO to justify, even
though properties were contiguous
6:28: PM Attorney Rapport indicated the City could request the State Water Board to make the emergency
conditions outlined in the emergency inter-tie agreements a condition of its order approving the change in
the City's POU, so that the City and districts would only be able to furnish water to each other through the
inter-tie pursuant to those emergency conditions. The condition could only be changed through a new
petition to the State Board
Consultant Weatherford stated that this condition is called Term 24. That, were there to be a change in the
inter-tie agreement, it could be drafted so that minor amendments could be handled without having to go
through all of the bureaucratic steps.
Barbara Spazeck, Executive Director, Mendocino County Russian River Flood Control District, stated that
some areas in the proposed water district's POU are not presently in the flood control district's legal POU,
and those would need addressing.
Wade Reynolds asked about wheeling water, the process, and how it works with State regulations.
Estelle Clifton expressed concerns about drought situations and potential development.
Benj Thomas had a question about whether the City would have to demonstrate potential or real beneficial
use before the permit would be granted to the City and where that demonstration would come.
Lee Howard expressed concern about the new water district POU boundaries, and preserving agricultural
lands to the east of the Freeway.
Jan Moore asked if the definitions are now clear between surface and underflow water.
Alex Degrassi asked for a boundary explanation.
Ross Mayfield stated we shouldn't be afraid to make decisions for the next generations. We should set up
a program so we can respond in an emergency. You're doing long-range planning now, but if you close
this, you are going to have to start from scratch again.
Kate Gibbs, Millview, discussed the Ukiah Valley Area Plan.
Nancy Lee stated that in the Millview District there are people that don't have and can't get hookups, and
wondered if she will have to wait for 30 years for a connection?
Pinky Kushner submitted a letter for the record. She proposed we stop the clock on the EIR process,
saying we need more time.
Jack Cox supports being in compliance with the POU's, but has a concern about the structural agreement
with the State for the water rights.
Steve Scalmanini questioned if the UVAP update process that is underway is going to drive our policy for
water? What are the next steps/options?
Public comment closed.
Regarding the timeline and implications of extending the November 6 scoping session deadline, Attorney
Rapport stated the State Board is waiting for us to complete the environmental document, so nothing's
2
going to happen until we complete our CEQA process. If the map were changed, and its perceived as
being relatively minor, it might not require a new notice of preparation, a new initial study, etc.; but if the
changes to the boundaries were sufficiently significant from an environmental point of view, we might have
to go back a step in the process because we would have a change in project description.
7:44:48 PM Councilmember Crane said there were three areas of additional information that should be
explored that justify extending the comment deadline: 1) would like to see the overlay maps that have
been requested to see how each district overlays to create this overall outline. 2). opportunity of
discussion with the other water boards for clear understanding if this is legacy information, or clear intent
from their point of view for those areas to be served, and, 3) would look forward to discussion with the
farm bureau about whether the area between the City and the River should or should not be included.
Councilmember McCowen concurred with that and point 1, with a couple of variations that would be
helpful 1) what are the places they serve for those areas outside their existing POU's; and also what is the
proposed sphere of influence of each of the districts with regard to Calpella/Millview. Councilmember
Rodin thought it would help to be clear on what the areas are that are outside the districts' current POU's
that must conform with the State, and those areas that are optional. Councilmember Baldwin asked for
an updated conflict of interest statement from Gary Weather[ord and Paula Whealen. Attorney Rapport:
indicated he would make sure Council gets that.
Vice Mayor Baldwin asked for consensus to allow the Scoping Session deadline to pass, and then reopen
it. Councilmember McCowen stated that the item was not on the agenda for action but the City Council
could agendize reopening the comment period for the next meeting. There were no objections offered.
4. ADJOURNMENT
There being no further business, the meeting was adjourned at 7:55:03 P.M.
Linda C. Brown, Deputy City Clerk
CITY OF UKIAH
CITY COUNCIL MINUTES
Regular Meeting
CIVIC CENTER COUNCIL CHAMBERS
300 Seminary Avenue
Ukiah, CA 95482
January 17, 2007
6:00 p.m.
5b
The Ukiah City Council met at a Regular Meeting on January 17, 2007, the notice for which being legally
noticed on January 12, 2007. Mayor Rodin called the meeting to order at 6:01 PM. Roll was taken with
the following Councilmembers present: Thomas, Crane, McCowen, and Mayor Rodin. Councilmember
Baldwin arrived at 6:03 PM. Staff present: City Manager Horsley, Planning and Building Director Stump,
Finance Director Smith, Purchasing Agent Horger, Airport Manager Richey, Water Utilities Project
Engineer Burck, Water Treatment Plant Supervisor Jamison, Personnel Director Harris, Community
Services Director Sangiacomo, Fire Chief Clarabut, City Attorney Rapport, and Deputy City Clerk Brown.
2. PLEDGE OF ALLEGIANCE was led by Mayor Rodin.
PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS
a. Introduction of New Employee -Mary Parker, Purchasin.q Technician.
Pumhasing Agent Horger introduced Mary Parker to the City Council.
b. Introduction of New Employees to the Fire Department--Robb Ramseier,
Firefi.qhter/Paramedic, Mano Moore, Firefi.qhter/Paramedic, and Craiq Klaisner,
Mechanic
Fire Chief Clarabut introduced Robb Ramseier, Mano Moore, and Craig Klaisner to the City
Council.
PETITIONS AND COMMUNICATIONS
There were none.
o
APPROVAL OF MINUTES
a. Regular Adjourned Meeting Minutes of November 27, 2006
MIS McCowen/Crane moved to approve. Motion carried with an all AYE voice vote.
b. Regular Meetincl Minutes of January 3, 2007
MIS McCowen/Crane moved to approve with a correction to the spelling of Terry Poplawski on
page 4. Motion carried with an all AYE voice vote.
RIGHT TO APPEAL DECISION
Mayor read.
CONSENT CALENDAR
MIS Crane/Baldwin to approve consent calendar items 7.a. through 7.h.
a. Report of Disbursements for the Month of December 2006
b. Award of Bid to Williams USA for the Purchase of Six Handheld and Six Mobile Type
Radios Including Installation in the Amount of $5,389.22
Report to the City Council ReRardinfl Payment for the Printinq of the 2007 Winter/
Sprin.q Recreation Guide in the Amount of $5,220.35
Status of the Lake Mendocino Hydroelectric Power Plant Equipment Refurbishment
Emer.qency
Approval of Notice of Completion for Water Treatment Facilities Improvement
Project, Specification No. PU 04-12
Award of Revised Bid to Delta Truck Center for Purchase of a New 2008 Six-Yard
10.
Dump Truck in the Amount of $81,550.59
Authorize City Mana.qer to Ne.qotiate a Consultant Service A.qreement to Omni Means
Ltd with Compensation Not to Exceed $10~465 for the Traffic Analysis of the Airport
Industrial Park Capital Improvement Pro.qram and Authorize Bud.clet Amendment for
Same
Adoption of Ordinance AmendinR Ukiah City Code 3236 to Make Violation of Si.qn
Ordinance an Infraction
Motion carried with an all AYE voice vote.
AUDIENCE COMMENTS ON NON-AGENDA ITEMS
Linda Sanders asked that City Council consider scheduling the Form Based Zoning, preliminarily
scheduled for March, for one Saturday date.
Lisa Mammina read and submitted a letter regarding the topic of an ADA sidewalk compliance
issue located at her property at 201 S. State Street.
PUBLIC HEARINGS (6:15 PM)
a. Adoption of Resolution Adiustin.q User Fees at Ukiah Airport
Airport Manager Richey reported stating the proposed fee adjustments were approved by the
Airport Commission, and requested that Council adopt the Resolution adjusting the user fees at the
Ukiah Regional Airport effective March 1, 2007.
Public hearing was opened at 6:22 PM and closed at 6:23 PM with no public input.
MIS McCowen/Thomas moved approval of the recommended action. Motion carried with an all
AYE voice vote.
UNFINISHED BUSINESS
a. Receive Status Report Concernin.q Si.qn Ordinance Enforcement Activities
Director Stump reported on the progress of the Sign Ordinance Enforcement activities. Recent
focus has been on developing criteria and an application process for encroachment permits for A-
frame signs placed in the public right of way, such as sidewalks. The Council also gave final
approval, on the consent calendar, to an ordinance that makes violations of the sign ordinance an
infraction, similar to a traffic ticket.
Introduction of Ordinance of the City Council of the City of Ukiah Amendinq Article
the Ukiah City Code, Pertainin.q to Grease Interceptors
MIS Crane/McCowen moved to continue this matter to March 2007. Motion carried with an all
AYE voice vote.
2
Approval of Request for Proposal (RFP) for a Professional Recruitment Firm to Fill
City Manager Position and Authorize Immediate Mailinq to Public Agency Executive
Search Firms
MIS Thomas/McCowen moved approval. Motion carried with an all AYE voice vote.
Recessed at 6:45 PM and reconvened at 7:05 PM due to technical problems with the recording
equipment.
11.
NEW BUSINESS
a. Receive Final Report on the City of Ukiah Well Siting Study and Authorize Staff to
Proceed with Request for Bids (RFB) for Test Well Drilling
Water Utilities Project Engineer Burck gave the report including introduction of Martin Steinpress,
of Brown and Caldwell. The City hired Brown and Caldwell in May 2006 to prepare a well siting
study due to the City's water pumping limitations which are currently stretched to the limit. An
additional source is needed to provide adequate supply during periods of high demand, and as a
backup should one source fail. The report details nine potential sites and recommended that test
wells be drilled at Oak Manor Park and Riverside Park.
Public comment 7:50 PM
Lee Howard asked what the water capacity is that we are looking for and how many wells we
contemplate. He referred to a 2003 study and stated that areas other than City properties should
be considered.
Bruni Kobbi asked if the neighborhood people in Oak Manor Subdivision had been contacted about
the proposed well drilling.
Closed public comment at 8:16 PM
Several Councilmembers expressed concern about aesthetic impacts to Oak Manor Park and
compatibility with the neighborhood use of the park, and the possibility of private property sites.
Recess at 8:30 PM
Reconvene 8:36 PM
MIS Crane/Baldwin moved approval for the staff and consultant to proceed with the RFB process
for the test well drilling, deferring a final decision on identifying the test well sites, and staff to
provide additional information regarding the selected sites to 1) look into placing pumps into the
river to access Russian River Flood Control District water and what that would entail, 2) pursue the
idea of developing the Granite pond, and whether or not it would require permits, 3) explore with
the Brush Street Triangle property owners the idea of having a well site there. Motion carried with
an ail AYE voice vote.
b. Adoption of Fire Apparatus and Capital Equipment Replacement and Funding Plans
Fire Chief Clarabut reported, with Director Smith participating in funding questions, recommending
a revised Fire Apparatus Replacement and Funding Plan, a revised Capital Equipment Replace-
ment and Funding Plan, as well as a transfer of $250,000 of Measure S Funds, the ¼ cent sales
tax increase for public safety, to fund the Fire Equipment Reserve Fund.
There was no public comment offered.
MIS Crane/McCowen moved approval of the recommended action. Motion carried with an all
Aye voice vote.
3
c. Selection of City Council Members to Consider Form Based Zoninq Matters
City Manager Horsley asked Councilmembers to disclose any conflicts of interest of either or both
personal residence within 300 feet / other properly interests within 500 feet of the subject to Form
Based Zoning. Councilmembers McCowen, Crane, and Mayor Rodin disclosed current conflicts.
City Manager Horsley conducted a blind drawing to select one of the three members to participate
with the two Councilmembers eligible to participate, in order that the City would have a quorum to
discuss and take action on this item.
It was determined by lot that Councilmember Crane will participate together with
Councilmembers Baldwin and Thomas.
12.
COUNCIL REPORTS
Councilmember McCowen attended a Mendocino Council of Governments (MCOG) meeting where
the Willits bypass topic was discussed. There were proponents of two lane/and four lane
bypasses; but MCOG determined four lanes is the only option available for funding and voted
unanimously to apply to the California Transportation Commission for full funding. He also
attended a first meeting of the Sunhouse Guild.
Councilmember Baldwin attended an Inland Water and Power Commission meeting and asked to
agendize several IWPC issues, including discussion and direction if continued participation in the
Russian River Watershed Association is worth the increased fees.
13.
CITY MANAGER/CITY CLERK REPORTS
City Manager Horsley has received the annual report for the Bridge District. Also, Allison Glassy
was selected by the executive officer to take the place of Pam Townsend for the UVAP process.
MSR's have finalized by the departments and are being revised before coming to the City Council.
Recessed to Redevelopment Agency Meeting at 9:32 PM
Reconvened at 10:22 PM to Closed Session
14.
CLOSED SESSION
a. Conference with Real Property Ne.qotiators (GCS 54956.8)
Property: 107 South Oak Street, Ukiah Neqotiator: Candace Horsley
NeRotiatin.q Parties: City of Ukiah/Saturday Afternoon Club
Under Ne.qotiation: Price and terms of payment
There was no action taken.
b. Employee ne.qotiations; Department Directors Bar.qaininR Unit
Neqotiator: Candace Horsley, City Mana.qer
There was no action taken.
15.
ADJOURNMENT
There being no fudher business, the meeting was adjourned at 11:36 PM.
Linda C. Brown, Deputy City Clerk
4
ITEM NO. 7a (amended)
MEETING DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM MARK ASHIKU
AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE
MUNICIPAL INSURANCE FUND
A claim from Mark Ashiku was received by the City of Ukiah on January 8, 2007 alleging false
statements of city staff resulting in prosecution of claimant for two criminal charges by the
Mendocino County District Attorney's Office that occurred July 17-20, 2006. The charges were
related to the demolition of a historic structure without demolition review or permit. Pursuant to
City policy, it is recommended the City Council reject the portion of the claim related any cause
of action which accrued after July 3, 2006 and refer it to the Redwood Empire Municipal
Insurance Fund (REMIF).
The claim also lists damages and/or losses that occurred prior to July 3, 2006. Those
damages and/or losses were not presented in the time allowed by state law and therefore no
action should be taken for that portion(s) of the claim.
RECOMMENDED ACTION: Reject Claim for Damages Received from Mark Ashiku for
the incident occurring after July 3, 2006 and refer it to the Joint Powers Authority, Redwood
Empire Municipal Insurance Fund. No action should be taken on any cause of action that
accrued or losses or damages occurring prior to July 3, 2006.
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 A. Goodrick, Risk ManagedBudget Officer
Candace Horsley, City Manager
1. Claim of Mark Ashiku, paqes 1-3.
APPROVED:'-~' ~-~"~
Candace Horsley, City Mar~ger
FAXED TO REMIF
File With:
City Clerk's Office
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
/
DATE
CLAIM FOR MONEY OR
DAMAGES AGAINST THE
CITY OF UKIAH
RI
C
A claim must be presented, as prescribed by the Government Code of the State of California, by the claimant or a person
acting on his/her behalf and shall show the following:
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)
being answered.
Name and Post Office address of the Claimant:
Name of Claimant:
Post Office Address:
Mark Ashiku
724 S. Dora Street
Ukiah, CA 95482
Post Office address to which the person presenting the claim desires notices to be sent:
Name of Addressee: Mark Ashiku
Telephone: 707 468-9364
Post Office Address: ?24 S· Dora Street
Ukiah, CA 95482
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence:. July 1 7- 2 0, 2 0 0 6 Time of Occurrence:
Location:
County Courthouse, Ukiah, and other locations in Ukiah
Circumstances giving rise to this claim:
General description of the indebtedness, obligation, .injury, damage or loss incurred so far as. it may be known at
the time of the presentation of the claim.
R¢~¢~ Attachm~nh
The name or names of the public employee or employees causing the injury, damage, or loss, if known.
See Attachment
Page 1 of 3 3/2003
Revised 712003
If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of
computation of the amount claimed.
Amount Claimed and basis for computation:
Amount exceeds $10,000
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 recover~ 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 §
~] Limited Civil Case [~ Unlimited Civil Case
You are required to provide the information requested above plus your signature on page 3 of this form,I
in order to comply with Government Code §910. In addition n order to conduct a timely investigation and
possible resolution of your c a m, the city requests that you answer the following questions.
7. Claimant(s) Social Security Number(s): (optional)
8. Claimant(s) Date(s) of Birth:
Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted:
N/A
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
N/A
If applicable, please attach any medical bills or reports or similar documents supporting your claim.
If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
If applicable, please attach any repair bills, estimates or similar documents supporting your claim.
10.
.11.
Page 2 of 3 312003
Revised 7/2003
READ CAREFULLY
For all accident claims, place on following diagram name of /Agency Vehicle; location of/Agency vehicle at time of accident
streets, including Nor[h, East, South, and West; indicate place of by "A-1 ' and location of yourse f or your vehicle al the time of the
accident by "X" and by showing house numbers or distances to accident by "8-1" and the point of impact by "X."
street corners. If /Agency Vehicle was involved, designate by
letter "A" location of/Agency Vehicle when you first saw it, and by NOTE: If diagrams below do not fit the situation, attach hereto a
13" location of yourself or your vehicle when you first saw proper diagram signed by claimant.
CURB.---~
81DEWALK
PARKWAY I
$10EWALK
CURB
I
Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP
{}1038, the /Agency may seek to recover all costa 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.
Date:
Page 3 of 3 3/2003
Revised 7/2003
Attachment to
CLAIM FOR MONEY OR DAMAGES
AGAINST THE CITY OF UKIAH
Circumstances giving rise to this claim:
Claimant was prosecuted for two criminal charges, to wit: (1) Demolition of a historic
structure without demolition review and (2) Demolition or alteration ora structure
without a permit. Both of these charges were prosecuted maliciously and without
probable cause based on perjured and altered evidence by City employees. The false
statements included but are not limited to Planning Director Charlie Stump's denial that
he had a conversation with claimant authorizing him to begin work on the project and
stating to him that he did not need a demolition permit to remove the structure. Mr.
Stump denied the two conversations and stated that the only time he spoke to claimant
was an unrelated conversation regarding a construction barrier. Claimant is also informed
and believes that Charlie Stump and other employees of the City of Ukiah ordered
employees of the City to alter written statements originally made by staff which he then
used to prepare material for the District Attorney to use in claimant's prosecution.
Claimant is also informed and believes and thereon alleges that City Manager Candace
Horsley and/or City Attorney David Rapport either knew, or should have known, of the
false statements and evidence that employee Charlie Stump was presenting to the District
Attorney for prosecution and to the jury at time of trial.
General description of the indebtedness, obligation, injury, damage or loss incurred so far
as it may be known at the time of the presentation of the claim.
Claimant claims attorney's fees and court costs in defending the criminal action and
additionally claims compensation for emotional distress, mental suffering and impairment
to both his professional and personal reputation.
The name or names of the public employee or employees Causing the injury, damage, or
loss, if known.
Charlie Stump, Candace Horsley, David Rapport, and other employees whose names
and/or participation in the matter is not presently known.
ITEM NO. 7a
MEETING DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM MARK ASHIKU
AND REFERRAL OF CLAIM TO THE JOINT POWERS AUTHORITY,
REDWOOD EMPIRE MUNICIPAL INSURANCE FUND
A claim from Mark Ashiku was received by the City of Ukiah on January 8, 2007 claiming
attorney's fees for prosecution of claimant for two criminal charges by the Mendocino County
District Attorney's Office that occurred July 17 - 20, 2006. The charges were related to the
demolition of a historic structure without demolition review or permit.
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 Mark Ashiku 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 Mark Ashiku, pages 1-4.
Candace Horsley, City Man%ger
FAXED TO REMIF
File With:
City Clerk's Office
City of Ukiah
300 Seminary Ave.
Ukiah, CA 95482
DATE
CLAIM FOR MONEY OR
DAMAGES AGAINST THE
CITY OF UKIAH
A claim must be presented, as prescribed by the Government Code of the State of California, by
acting on his/her behalf and shall show the following:
the claimant or a person
If additional space is needed to provide your information, please attach sheets, identifying the paragraph(s)
being answered.
1. Name and Post Office address of the Claimant:
Name of Claimant: Mark Ashiku
Post Office Address: 724 S. Dora Street
Uk~ah, CA 95482
Post Office address to which the person presenting the claim desires notices to be sent:
NameofAddressee: Mark Ashiku Telephone: 707 468-9364
Post Office Address: 724 S. Dora Street
Ukiah, CA 95482
The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted.
Date of Occurrence: July 1 7- 2 0, 2 0 0 6 Time of Occurrence:
Location: County Courthouse, Ukiah, and other locations in Ukiah
Circumstances giving dse to this claim:
See ~tt~¢hm¢~ff
General description of the indebtedness, obligation, .injury, damage or loss incurred so far as'it may be known at
the time of the presentation of the claim.
The name or names of the public employee or employees causing the injury, damage, or loss, if known.
See Attachment
Page 1 of 3
3/2003
Revised 7/2003
If amount claimed totals less than $10,000: The amount claimed if it totals less than ten thousand dollars
($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury,
damage, or loss, insofar as it may be known at the time or the presentation of the claim, together with the basis of
computation of the amount claimed.
Amount Claimed and basis for computation:
Amount exceeds $10,000
If amount claimed exceeds $'10,000: I[ 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 coud 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.)
~1 Limited Civil Case r~ Unlimited Civil Case
You are required to provide the information requested above, plus your s gnature on page 3 of this form, I
in order to comply with Government Code §910. In add t on in order to conduct a timely investigation andl
poss ble resolution of your c a m, the city requests that you answer the following questions.
7. Claimant(s) Social Security Number(s): (optional)
8. Claimant(s)Date(s) of Bi,h:
Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the
claim asserted:
N/A
If the claim involves medical treatment for a claimed injury, please provide the name, address and telephone
number of any doctors or hospitals providing treatment:
N/A
10.
11.
ff applicable, please attach any medical bills or reports or similar documents supporting your claim.
If the claim relates to an automobile accident:
Claimant(s) Auto Ins. Co.: Telephone:
Address:
Insurance Policy No.:
Insurance Broker/Agent: Telephone:
Address:
Claimant's Veh. Lic. No.: Vehicle Make/Year:
Claimant's Drivers Lic. No.: Expiration:
ff appliceble, please attach any repair bills, estimates or similar documents supporting your claim.
Page 2 of 3 3/2003
Revised 7/2003
READ CAREFULLY
For all accident claims, place on foilowing diagram name of /Agency Vehicle; location of/Agency vehicle at time of accident
s~reets, including North, East, South, and West; indicate place of by "A-1" and location of yourself or your vehicle at the time of the
accident by "X" and by showing house numbers or distances to accident by "B-1" and the point of impact by "X."
street corners. If /Agency Vehicle was involved, designate by
letter "A" location of/Agency Vehicle when you first saw it, and by NOTE: If diagrams below do not fit the situation, at~ach hereto a
"B" location of yourself or your vehicle when you first saw proper diagram signed by claimant.
CURB...--~'-
/ PARKWAY
SIDEWALK
CURB
Warning: Presentation of a false claim with the intent to defraud is a felony (Penal Code §72). Pursuant to CCP
§1038, the /Agency may seek to recover all costs of defense in the event an action is filed which is later
determined nQt to have been brought in good faith and with reasonable cause.
Date:
Page 3 of 3 3/2003
Revised 7/2003
Attachment to
CLAIM FOR MONEY OR DAMAGES
AGAINST THE CITY OF UKIAH
Circumstances giving rise to this claim:
Claimant was prosecuted for two criminal charges, to wit: (1) Demolition ora historic
structure without demolition review and (2) Demolition or alteration of a structure
without a permit. Both of these charges were prosecuted maliciously and without
probable cause based on perjured and altered evidence by City employees. The false
statements included but are not limited to Planning Director Charlie Stump's denial that
he had a conversation with claimant authorizing him to begin work on the project and
stating to him that he did not need a demolition permit to remove the structure. Mr.
Stump denied the two conversations and stated that the only time he spoke to claimant
was an unrelated conversation regarding a construction barrier. Claimant is also informed
and believes that Charlie Stump and other employees of the City of Ukiah ordered
employees of the City to alter written statements originally made by staITwhich he then
used to prepare material for the District Attorney to use in claimant's prosecution.
Claimant is also informed and believes and thereon alleges that City Manager Candace
Horsley and/or City Attorney David Rapport either knew, or should have known, of the
false statements and evidence that employee Charlie Stump was presenting to the District
Attorney for prosecution and to the jury at time of trial.
General description of the indebtedness, obligation, injury, damage or loss incurred so far
as it may be known at the time of the presentation of the claim.
Claimant claims attomey's fees and court costs in defending the criminal action and
additionally claims compensation for emotional distress, mental suffering and impairment
to both his professional and personal reputation.
The name or names of the public employee or employees causing the injury, damage, or
loss, if known.
Charlie Stump, Candace Horsley, David Rapport, and other employees whose names
and/or participation in the matter is not presently known.
ITEM NO. 7b
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR MENDOCINO DRIVE
STORM DRAIN REPLACEMENT SPECIFICATION NO. 06-12
SUMMARY: Funding for this project was approved in the fiscal year 2006/2007 budget in
account number 699.3110.800.027. This is a FEMA funded project necessitated by
damage to the storm drain that occurred during the flooding of the 2005/2006 winter. The
City Council awarded the contract on October 4, 2006 to Paulson Excavating Inc. of Albion,
California (contractor) in the amount of $49,804.00.
The work of the contract was completed by the contractor in substantial conformance with
the. approved plans and specifications on December 7, 2006. The final contract cost,
based on actual quantities constructed and the approved change order, is $107,340.34.
The change order was executed because the extent of the damaged pipe was not known
until the initial excavation was completed, and it was revealed that an additional section of
pipe was completely corroded on the bottom and needed to be replaced. Final payment of
the retention will be made to the contractor after 35 days from the date the Notice of
Completion is filed with the County Recorder.
RECOMMENDED ACTION: 1. Accept the work as complete; 2. Direct the City Clerk to file
the Notice of Completion with the County Recorder for Mendocino Drive Storm Drain
Replacement, Specification No. 06-12.
ALTERNATIVE COUNCIL POLICY OPTIONS: None.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A ~" ;~
Tim Eriksen, Director Of Public Works / City Engineer~..~.., ~L~
Alan Hasty, Assistant Engineer ~',,¢ ~
Candace Horsley, City Manager
1. Notice of Completion
APPROVEE~:- - ~
Candace Horsley, City Manager
AG-NOC-Spec-06-12.SUM.doc
Please return to:
CITY OF UKIAH
300 Seminary Avenue
Ukiah, California 95482-5400
(707) 463-6200
NOTICE IS HEREBY GIVEN:
NOTICE OF COMPLETION
3.
4.
5.
That the real property described is within a drainage easement maintained by the City of Ukiah,
whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California
95482-5400
That the nature of the title to the real property at Mendocino Drive where the Project ("Mendocino
Drive Storm Drain Replacement, Specification No. 06-12") was constructed is that of an easement.
That on the 7th day of December 2006, the Contract work for this project was actually completed.
That the name and address of the Contractor is Paulson Excavatinq, Inc, P.O. Box 339, Albion, CA
95410.
That the real property herein referred to is situated in the County of Mendocino, State of California,
and is described as follows: City maintained drainage easement over Yokayo School property alonf~
Mendocino Drive within the City of Ukiah.
I declare under penalty of perjury that the foregoing is true and correct.
City Council Approval CITY OF UKIAH, a Municipal Corporation
By:
Date Gall Petersen, City Clerk Date
STATE OF CALIFORNIA }
COUNTY OF MENDOCINO }
The undersigned, being duly sworn says:
That he/she/they is/are the person(s) signing the above document; that he/she/they has/have read the same,
and know(s) the contents thereof, and that the acts stated therein are true.
Gail Petersen, City Clerk
STATE OF CALIFORNIA }
COUNTY OF MENDOCINO }
Subscribed and sworn to (or affirmed) before me on this day of , 2005, by Gall
Petersen, personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)
who appeared before me.
SEAL
(Date)
(Notary Signature)
AGENDA
SUMMARY
ITEM NO. 7c
DATE: February 7, 2007
REPORT
SUBJECT: ANNUAL REVIEW OF TRAFFIC SIGNALIZATION FUND FOR SOUTH
ORCHARD AVENUE AND EAST GOBBI STREET
SUMMARY:
On May 16, 1990, the City Council adopted Resolution 90-47 (Attachment 1) which
established a traffic signalization improvement fund for the intersection of South Orchard
Avenue and East Gobbi Street pursuant to Municipal Code Section 9543 (Attachment 2).
This fund was established in order to finance the construction of a traffic signal at the
intersection of South Orchard Avenue and East Gobbi Street. The resolution provided that
the fund was to be reviewed every five years after fees were collected and reviewed and
reported on annually after the first five year period. The first deposit to the fund was on
04/30/96. This report is intended to constitute an annual report for the eleventh fiscal year of
the fund.
The reserved funds in the signalization fund account (270.240.011 ) totaled $83,091.76 on
07/01/2005 at the beginning of the last fiscal year. During the fiscal year, there was
$2,696.42 accrued interest. There was one deposit to the account. This deposit was from
MV Ukiah Partners in the amount of $7,888.00. The fund balance was $93,676.18 at the end
of the 2005/2006 fiscal year on 6/30/2006. A draft of this Report was made available to the
public at the Planning counter at the Civic Center as of January 22, 2007.
BACKGROUND:
The traffic signal has been designed and the construction contract has been awarded to Pipe
Line Excavation in the amount of $388,283. The designed improvements include, the traffic
signals, ADA-compliant pedestrian ramps and some additional striping for better traffic
channelizing near the 101 Southbound on and off ramp connection with Gobbi Street. The
City currently (January 2007) has a fund balance of approximately $96,000. This number is
an estimate based on the probable interest that will be adjusted for at the end of this fiscal
year.
(Continued on page 2)
RECOMMENDED ACTION: Accept Report and Determine that South Orchard Avenue
and East Gobbi Street Traffic Signalization Fund has been appropriately reviewed.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Requested by:
Prepared by:
Attachments:
APPROVED:
N/A
Tim Eriksen, Director of Public Works/City Engineer
1. Resolution 90-47
2. Code Section 9543, Establishment of Capital Improvement Fees
3 Map of Remaining Parcels to be Developed
Candace Horsley, O~ty Manager
Page 2
February 7, 2007
ANNUAL REVIEW OF TRAFFIC SIGNALIZATION FUND FOR SOUTH ORCHARD AVENUE AND EAST
GOBBI STREET
The improvement fee is calculated on the basis of land use zoning and the intensity of traffic
generated by each type of land use. The fees are shown in the table below. The area
prescribed for the collection of fees includes properties adjacent to Orchard Avenue, from
Marlene Street to Kings Court, and along East Gobbi Street, from U.S. 101 to approximately
250 feet westerly of Orchard Avenue, as shown in Exhibit B to Resolution 90-47. Most ofthe
affected parcels have been developed at this time, however eight undeveloped parcels
remain (Attachment 3). As these parcels develop they will contribute approximately $54,550
(today's dollars). The fees by land use zone were established and continue to be as follows:
PD (R-2) Planned Development
PD (R-3) Planned Development
CL Light Commercial
CN Neighborhood Commercial
$763/acre
$858/acre
$7,894/acre
$7,170/acre
A summary of funding sources and estimated additional funding required is as follows:
CONSTRUCTION CONTRACT $388,283
FUND BALANCE (JANUARY 2007) $96,000
ANTICIPATED FEES $54,550
STIP AUTHORIZATION $131,000
CURRENT PROJECTED SHORTFALL ($106,733)
As the Estimated Costs, Anticipated Fees and the Fund Balance are all tied to inflation and
interest, they have increased. The STIP authorization is a fixed amount and that is the factor
that has caused the shortfall. This signal will be constructed this summer and the shortfall
for the project will be covered by the Public Works gas tax reserves or the Public Works
STPdl reserves.
RECOMMENDATION: Staff recommends that the Council accept and approve this annual
report.
1
5
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
9,5
26
27
28
90-47
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
ESTABLISHING SOUTH ORCHARD AVENUE AND EAST GOBBI STREET
TRAFFIC SIGNALIZATION FEE WITHIN ~HE CITY OF UKIAH
WHEREAS, the City Council of the City of Ukiah has adopted
Ordinance No. 882 creating and establishing the authority for imposing
and charging off-site capital improvement fees within the City of
Ukiah; and
WHEREAS, a "Traffic Signalization Study-Orchard Avenue and East
Gobbi Street" (hereinafter "Study") has examined the impacts of
contemplated future development on existing public facilities in a
study area identified in the Study along with an analysis of the need
for new public facilities and improvements required by this new
development. The Study sets forth the relationship between new
development in this study area, the needed facilities, and the
estimated costs of those improvements. The Study was prepared by the
Public Works Department of the City of Ukiah, is dated April, 1990,
and attached herein and incorporated herein by this reference as
Exhibit "A".
WHEREAS, the Study was available for public inspection and review
ten (10) days prior to the public hearing on this resolution; and
WHEREAS, the City Council finds as follows:
A. The purpose of this fee is to finance the Traffic
Signalization of South Orchard and East Gobbi Street as described in
the Study in order to reduce the impacts of increased vehicle and
pedestrian traffic caused by new development within the Study area
which is identified and described in the map of the study area,
1
6
8
9
10
11
13
14
15
16
17
18
19
25
26
27
28
attached hereto as Exhibit "B" and incorporated herein by reference.
B. The traffic signalization fee collected pursuant to this
resolution shall be used to finance only the public facilities
described or identified in Exhibit "A", attached herein.
C. After considering the Study and the testimony received at
the public hearing, the Council approves the Study, and incorporates
such herein, and further finds that the new development in the area
identified in Exhibit "B" will generate additional vehicle and
pedestrian traffic and require traffic signalization facilities.
D. New development in the impacted area has or will create the
need for traffic signals to service that
constructed. Said facilities have been
consistent with the City's General Plan.
E. The facts and evidence presented establish
reasonable relationship between the need for the
area which has not been
called for in or are
that there is a
described public
facilities and the impacts of the types of development for which fees
are established in Paragraph 3 below, for which the corresponding fee
is charged. There is a reasonable relationship between the fee's use
and the type of development for which the fee is charged. The fee
charged to each development bears a reasonable relationship to the
need for the public improvement contributed by the development. Ail
of these relationships are in more detail described in the Study.
F. The cost estimates set forth in Exhibit "A" are reasonable
cost estimates for constructing these facilities, and the fees
expected to be generated ~y new d~velopment will not exceed the total
of these costs.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
1
4
5
6
7
9
10
11
13
14
15
16
17
18
10
20
21
22
27
28
City of Ukiah that:
1. Definitions:
(a) "New development" shall
structures, such as, but not limited
industrial structures. This shall
modifications to existing structures.
(b) "Base' year" shall mean
the adoption of this resolution.
mean construction of any new
to, residential commercial or
not include additions or
the first full year following
The Community Development Department shall determine if the
development lies within the benefit area, the type of development, and
the corresponding fee to be charged in accordance with this
resolution.
3. Fee. For new residential and commercial development, the
base year fee per acre shall as follows: P.D. (R-2) Planned
Development Residential Duplex (Medium High Density Residential)
$763.00; P.D. (R-3) Planned Development (High Density Residential)
$858.00; C-1 (Light-Commercial) $7,894; C-N (Neighborhood-Commercial)
$7,170.00. The fees established herein for the base year shall
increase each year thereafter based upon the Engineering News Record
Construction Cost Index.
4. Use of Fee. The fee shall be used solely to pay (I) for the
2. An Orchard Avenue and East Gobbi Street Traffic
Signalization Fee shall be charged upon and paid prior to the issuance
of any building permit for all new development in the benefit area
depicted and described on the map attached hereto as Exhibit "B",
except as otherwise specifically provided in Ukiah City Code
Section 9543.
1
2
3
4
5
6
8
9
11
12
13
14
15
16
17
18
21
22
25
2~
27
28
described public facilities to be constructed by the City; (2) for
reimbursing the City for the development's fair share of those capital
improvements already constructed by the City; or (3) to reimburse
other developers who have constructed public facilities described in
Exhibit "A" attached hereto, where those facilities were beyond that
needed to mitigate the impacts of the other developers' project or
projects.
5. Fee Review. If any fees collected pursuant to this
resolution remain unexpended five (5) years after collecting any such
fees, the City shall review the fees if and as required by Government
Code Section 66001(d) or any amendments thereto. If some, but not
all, fees collected pursuant to this resolution are expended as
authorized herein, it shall be conclusively presumed that the fees
first received are the fees first expended.
6. Judicial Action to Challenge this Resolution. Any judicial
action or proceeding to attack, review, set aside, void, or annul this
resolution shall be brought within 120 days from the date this
resolution is adopted.
PASSED AND ADOPTED this 16th day of May , 1990,
by the following roll call vote:
AYES:
NOES:
Councilmembers Wattenbur§er, Shoemaker, Schneiter, Hickey and
Mayor Henderson
None
ABSENT: None
EXHIBIT "A"
TRAFFIC SIGNALIZATION STUDY - ORCHARD AVENUE/EAST GOBBI STREET
General Area of Benefit subject to Development Fee:
Orchard Avenue, from Marlene Street to Kings Court and East Gobbi Street,
from U.S.101 freeway to a point approximately 250 feet westerly of
Orchard Avenue. See map attached.
23.97 Acres
Description of Public Facility to be Constructed
Install 8-phase traffic signal with electronic controller, traffic sensor
loops, signing, striping and concrete handicap pedestrian ramp
facilities.
Cost of Improvements, (Estimated January 1990)
Construction Cost
Engineering (10%)
Administration
TOTAL AMOUNT
$162,000
16,200
4,000 (1)
$182,200
PROPOSED DEVELOPMENT FEE BY LAND USE ZONE AS FOLLOWS: (2)
ZONING
AMOUNT OF FEE/ACRE
PD (R-2) PLANNED DEVELOPMENT
PD (R-3) PLANNED ~EVELOPMENT
C1 LIGHT COMMERCIAL
CN NEIGHBORHOOD COMMERCIAL
763.00
858.00
7,894.00
7,170.00
(2)
Estimated Administrative cost is intended to include all Staff costs such
as initial Study, periodic review of fee, application of fee to specific
parcels, and overhead costs.
Subject to annual adjustment based upon "Engineering News Record"
Construction Cost Index. For administrative efficiency the basis for
apportioning costs in this Study Area is the relative size (acres) of
parcel because traffic generally occurs in relation to zoning of parcel.
TRAFFIC IMPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET
SIGNALIZATION IMPROVEMENT FEES
VEIIICLE GENERATION ANALYSIS
VEHICLE-
VEHICLES/ TRIP VEHICLES- NET AREA TRIPS ADDED
ZONE ACRE FACTOR TRIPS/ACRE (ACRES) BY DEVELOPMENT
*PD (R-2) 29.0 4 116.0 4.74 550
*PD (R-3) 43.5 3 130.5 7.97 1040
C-1 120.0 10 1,200.0 5.76 6912
C-N 109.0 10 1,090.O 5.50 -5995
% OF VEH.-TRIPS
ADDED BY
DEVELOPMENT
3.79%
7.17%
47.68%
41.35%
23.97 14497 100.00%
ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION
Present No. of
Vehicles, ADT
Traffic Equation: 6600 + 7248
% Computation:
Development Share of Signals:
Estimate of Total
Added Vehicles (a)
Total Vehicles
Through Signal, ADT
13848
7248 + 13,848 = 52.34%
52.34% x $182,200 = $95,366
% OF VEHICLE DEVELOPMENT
TRIPS ADDED BY SHARE OF FEE/
ZONE DEVELOPMENT SIGNALS ACRES ACRE
*PD (R-2) 3.79% $3,617 4.74 $763
*PD (R-3) 7.17% $6,842 7.97 $858
C-1 47.68% $45,470 5.76 $7,894
C-N 41.35% $39,437 5.50 $7,170
100.00% $95,366
FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use Map
*PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map
(a) Assumed at 50% of total vehicles added by development (not all new development
traffic will use intersection)
R:PW9
1990 VACANT PARCELS
SOUTH ORCHARD AVENUE/F~ST GOBBI STREET
TRAFFIC SIGNALIZATION STUDY AREA
EST'D
PARCEL OR PORTION FEE/ AREA/SIZE EST'D
OF, A.P.# ZONE ACRE ACRES FEE (3)
003-582-04 C-N $7,170 0.28 $ 2,008
179-050-29 C-N' 7,170 2.81 20,149
179-050-30 C-N 7,170 2.41 17,281
003-582-05,06 PD(C-1) 7,894 0.28 2,210
003-582-07 PD(C-1) 7,894 0.35 2,763
180-030-23 PD(C-1) 7,894 0.29 2,289
003-582-08 PD(C-1) 7,894 0.18 1,421
179-050-25 C-1 7,894 0.60 4,736
179-050-27 C-1 7,894 2.03 16,025
179-050-28 C-1 7,894 2.03 16,025
003-582-09,10 PD(R-2) 763 0.24 183
003-582-11,12 PD(R-2) 763 0.24 183
003-582-13,14 PD(R-2) 763 0.24 183
003-582-15,16 PD(R-2) 763 0.35 267
003-582-17,18 PD(R-2) 763 0.47 359
180-030-11 (MHD) PD(R-2) 763 0.93 710
180-030-16 (MHD) PD(R-2) 763 0.86 656
180-030-25 (MHD) PD(R-2) 763 1.41 1,076
180-030-11 (HD) PD(R-3) 858 3.16 2,713
180-030-16 (HD) PD(R-3) 858 2.63 2,258
180-030-25 (HD) PD(R-3) 858 2.18 1,871
23.97 $95,366
(3)
See Ordinance No. 882. This column represents the total amount of funds
that the City expects to collect, over time, from this fee as applied to
vacant parcels.
R:PW9
LEGEND
STUDY AREA BOUNDARY
PORTION AFFECTED BY
PROPOSEO FEE
EXHIBIT"D" i
1990 VACANT PARCELS
SOUTH ORCHARD AVENUE/EAST GOBBI STREET
TRAFFIC SIGNALIZATION STUDY AREA
EST'D
PARCEL OR PORTION FEE/ AREA/SIZE EST'D
OF, A.P.# ZONE ACRE ACRES FEE (3)
003-582-04 C-N $7,170 0.28 $ 2,008
179-050-29 C-N 7,170 2.81 20,149
179-050-30 C-N 7,170 2.41 17,281
003-582-05,06 PD(C-1) 7,894 0.28 2,210
003-582-07 PD(C-1) 7,894 0.35 2,763
180-030-23 PD(C-1) 7,894 0.29 2,289
003-582-08 PD(C-1) 7,894 0.18 1,421
179-050-25 C-1 7,894 0.60 4,736
179-050-27 C-1 7,894 2.03 16,025
179-050-28 C-1 7,894 2.03 16,025
003-582-09,10 PD(R-2) 763 0.24 183
003-582-11,12 PD(R-2) 763 0.24 183
003-582-13,14 PD(R-2) 763 0.24 183
003-582-15,16 PD(R-2) 763 0.35 267
003-582-17,18 PD(R-2) 763 0.47 359
180-030-11 (bfHD) PD(R-2) 763 0.93 710
180-030-16 (MHD) PD(R-2) 763 0.86 656
180-030-25 (MILD) PD(R-2) 763 1.41 1,076
180-030-I1 (HD) PD(R-3) 858 3.16 2,713
180-030-16 (HD) PD(R-3) 858 2.63 2,258
180-030-25 (fiD) PD(R-3) 858 2.18 1,871
23.97 $95,366
(3)
See Ordinance No. 882. This column represents the total amount of funds
that the City expects to collect, over time, from this fee as applied to
vacant parcels.
R:PW9
TRAFFIC IFfPACT STUDY - ORCHARD AVENUE/EAST GOBBI STREET
SIGNALIZATION IMPROVEbfENT FEES
VEHICLE GENERATION AlqALYSIS
VEHICLES/ TRIP VEHICLES- NET AREA
ZONE ACRE FACTOR TRIPS/ACRE (ACRES)
*PD (R-2) 29.0 4 116.0 4.74
*PD (R-3) 43.5 3 130.5 7.97
C-i 120.0 i0 1,200.0 5.76
C-N 109.0 10 1,090.0 5.30
VEHICLE-
TRIPS ADDED
BY DEVELOPMENT
55O
1040
6912
5995
% OF VEH.-TRIPS
ADDED BY
DEVELOPMENT
3.79%
7.17%
47.68%
41.35%
23.97 14497 100.00%
ORCHARD AVENUE TRAFFIC THROUGH INTERSECTION
Present Ho. of
Vehicles, ADT
Traffic Equation: 6600
% Computation:
Estimate of Total
Added Vehicles (a)
Total Vehicles
Through Signal, ADT
+ 7248 = 13848
7248 + 13,848 = 52.34%
Development Share of Signals: 52.34% x $182,200 = $95,366
% OF VEHICLE DEVELOPMENT
TRIPS ADDED BY SHARE OF FEE/
ZONE DEVELOPMENT SIGNALS ACRES ACRE
*PD (R-2) 3.79% $3,617 4.74 $763
*PD (R-3) 7.17% $6,842 7.97 $858
C-1 47.68% $45,470 5.76 $7,894
C-N 41.35% $39,437 5.50 $7,170
100.00% $95,366
FOOTNOTES: *PD (R-2) (Multi-Family Residential) Med. High Density Residential per Land Use MaF
*PD (R-3) (Multi-Family Residential) High Density Residential per Land Use Map
(a) Assumed at 50% of total vehicles added by development (not all new development
traffid will use intersection)
R:PW9
'g543-F. STA ] S M :,NTOFCAPIT^LIMPROVIgMISNTFI;hLfi: A~'~,C.I~T
9543: ESTABLISHMENT OF CAPITAL iMPROVEMENT FEES:
A. Creation by Resolution: By resolution the City Council shall establish such capital improvement fees as it
determines are necessary to contribute toward the financing of public facilities. Each such resolution shall:
1. Establish and describe the benefit and impact area within which the fee shall apply;
2. Set fodh the specific amount of the fee;
3. List the specific public improvement or improvements to be financed;
4. Describe the estimated cost of these facilities, and associated costs such as necessary engineering
services and administrative costs;
5. Describe the reasonable relationship between the fee and the types of new development to which it will
apply;
6. Set forth the time when the fee must be paid as follows:
a. As to residential development that time shall not be sooner than the date of final inspection or the
date the certificate of occupancy is issued, whichever occurs first. The City shall not furnish utilities to
occupants of any such residential development prior to final inspection and the issuance of a certificate
of occupancy. The City shall disconnect utilities furnished to a residential development if that
development is occupied prior to final inspection and the issuance of a certificate of occupancy. In
accordance with the §§2136 to 2137, the City shall revoke the business license issued pursuant to
Division 2 el this Code to any person (as defined in §2100) engaged in a business (as defined in
§2101), if such person participates as seller, broker or otherwise in the sale of a residential development
to an occupant of that development before final inspection and issuance of a certificate of occupancy.
The City shall not issue a new business license to a person whose license is revoked as provided herein
for a period of two (2) years.
b. As to all other development that time shatl be at the time a building permit is issued.
c. No certificate of occupancy or building permit, as appropriate, shall issue until the required fees are
paid. "Buildin9 permit," "final inspections," and "certificate of occupancy," as used in this Section, have
the same meaning as described in Sections 301,305, and 307 of the Uniform Building Code,
International Conference of Building Officials, 1985 Edition;
7. Set forth the method for reviewing or modilying the fee or its use.
B. Procedure: The Oity Council shall adopt cacti resolution according to tile following procedure:
1. Tile resohJtion shall he adopted at a public Iloaring at wlfich any person may appear in person or in
writing
2. A foe study establishing tho reasonable rolationsifip between the icc and each parcel el property to
which it will apply shall be available Ior public inspection ior at least ton (10) days prior 1o tile houring.
3. Notice el tile hearing shall be published in a newspaper el general circulation within the City ten (10)
days prior to tho hoarm9. Tile notice shall describe the public facilities to be financed with tho fee, tile arc
within wtfict/tile leo will apply, tile amount el tho leo, and tho times and location whore tile foe study is
available fo~ public inspoctioe. (Ord. 882, §2. adopted 1988)
hlll~:l/OO I I?,. 195.2 L1/( ',,\It Ikhdff1100(~O()2()()OOt)2OOU.hlnt I 2/9/21)'
Attachment 3
Traffic Signalization Study
Orchard Ave./East Gobbi St.
0 430 860 1,720
ITEM NO. 7d
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: ANNUAL REVIEW OF THE REDWOOD BUSINESS PARK (AIRPORT
INDUSTRIAL PARK) CAPITAL IMPROVEMENT FEES
SUMMARY: In accordance with Government Code Section 66006, this will serve as an
annual report for funds collected and interest earned during fiscal year 2005/2006 for the
Redwood Business Park (Airport Industrial Park) Capital Improvement Fees. A copy of this
report was made available to the public at the Civic Center front counter on
January 22, 2007.
The capital improvement fees are imposed on development within the Redwood Business
Park for the purpose of financing the design and construction of improvements needed to
mitigate traffic impacts to three off-site intersections resulting from increased traffic
generated by new development within the Business Park. The three off-site intersections are
the US 101 Southbound off-ramp at Talmage Road, Talmage Road at Airport Park
Boulevard, and Hastings Avenue at South State Street.
The Redwood Business Park Capital Improvement Fees were established on May 7, 1997
with the adoption of Resolution No. 97-70. On May 7, 1997, the City Council also adopted
Resolution No. 97-71 which provided for the immediate collection of the capital improvement
fees on parcels being developed within the Redwood Business Park. Due to changed
circumstances and engineering assumptions, the capital improvement fees were revised on
September 1, 1999 with the adoption of Resolution No. 2000-13.
The capital improvement fees per acre of developable land based on land use are as
follows: Fast food restaurant- $23,069.86; Gas station/mini-mart- $36,122.91; Office/retail-
$6,087.65; Retail - $7,077.77; Industrial - $2,341.91; Auto dealership - $4,998.90; Auto
parts/auto care - $7,643.36.
(continued on page 2)
RECOMMENDED ACTION:
Accept the annual review of the Redwood Business Park
(Airport Industrial Park) Capital Improvement Fees.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Requested by: Tim Eriksen, Director of Public Works/City Engineer
Prepared by:
Attachments:
Rick Seanor, Deputy Director of Public Works
None.
APPROVED: ~-~,~' 1 .,~-~.~
Can~ce Ho~sley, City rv~nager
Page 2
Annual Review of the Redwood Business Park (Airport Industrial Park) Capital Improvement Fees
February 7, 2007
The balance of capital improvement fees in City fund 270.240.012 was $105,123.69 on
July 1,2005. During fiscal year 2005/2006, the fund accrued a total of $3,562.48 in interest.
Two deposits (Comfort Inn project at $9,767.32 and Tractor Supply Company at $13,447.76)
were posted to the fund in fiscal year 2005/2006. The fund balance was $131,901.25 on
June 30, 2006 at the end of the 2005/2006 fiscal year. City fund 270.240.012 contains only
monies received as capital improvement fees imposed on development within the Redwood
Business Park. No fees from this fund were expended during fiscal year 2005/2006. There
are several large parcels yet to be developed within the Redwood Business Park. As these
parcels develop, capital improvement fees will be assessed.
There were no loans nor inter-fund transfers made from the fund during fiscal year
2005/2006. To date, sufficient funds have not been collected to construct the mitigation
projects specified under this program, therefore no refunds were made as a result of having
collected sufficient funds and failing to specify a date when the project construction will be
commenced.
RECOMMENDATION: Staff recommends that the Council accept this annual report.
AGENDA
SUMMARY
ITEM NO. 7e
DATE: February 7, 2007
REPORT
SUBJECT:
AUTHORIZATION OF PURCHASE OF LASERFICHE DOCUMENT
MANAGEMENT SYSTEM FROM ECS IMAGING, INC. IN THE AMOUNT OF
$19,801.25
SUMMARY: Submitted for the City Council's consideration and action is staff's recommendation
to purchase the update to the City's document management system (DMS) from ECS Imaging,
Inc. in the amount of $19,801.25.
The existing document management system was purchased from ECS Imaging in March of 2004
for the purpose of archival and indexing of Council Meeting and Planning Meeting agendas and
minutes. City needs for electronic document management have grown exponentially driving the
need for replacement of this aging system with current technology and increased capacity to serve
the needs of not only the City Clerk's office but the DMS needs of the entire City organization.
ECS is the Northern California representative of the DMS and was the least expensive of the two
quotes received. The second quote came directly from the manufacturer, Laserfiche, at a cost of
$24,650.
Staff recommends Council authorize the purchase of the DMS from ECS Imagining, Inc.
RECOMMENDED ACTION: Authorize purchase of Laserfiche Document Management
System from ECS Ima~lin~l Inc. in the amount of $19,801.25
ALTERNATIVE COUNCIL POLICY OPTIONS:
1) Reject award and provide direction to staff.
FUNDING:
Amount Budgeted Account Number
$13,280 100.1101.690.000 N/A
$ 6,522 100.1105.690.000 N/A
Additional Funds Requested
Citizen Advised: N/A
Requested by: Gall Petersen, City Clerk
Prepared by: Steven Butler, IT Supervisor
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED:, ~
Canda~ Horsily, City Manager
ITEM NO. 7f
DATE: February 7~ 2007
AGENDA SUMMARY REPORT
SUBJECT: REPORT REGARDING ACQUISITION OF COMPUTERS FROM DELL
MARKETING L.P. IN THE AMOUNT OF $6,133.64.
SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is
filing with the City Council this report regarding the acquisition of computers from Dell
Marketing L.P. in the amount of $6,133.64.
Three laptop computers with workstations were purchased. The first system purchased
supports the newly created Purchasing Technician position. The second system is for the
Animal Control/Safety Officer, which is needed to mainly support the newly created safety
compliance portion of that position. The third system replaces the computer that the
Building/Ground Maintenance Lead Worker has, which is well over five years old.
Also included in this purchase was a laptop workstation for an existing laptop at the
Conference Center.
The equipment has been funded by the following fund numbers: 100.1915.690.000,
100.6005.690.000, 100.6005.690.001,410.6190.690.000 and 696.1390.690.000.
RECOMMENDED ACTION:
1. Receive report regarding the acquisition of computers from Dell Marketing
L.P. in the amount of $6,133.64.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Steven Butler, Information Technology Supervisor
Mary Horger, Purchasing Agent
Candace Horsley, City Manager
N/A
App ROVED:, ~%~¢:)~'~k,~--- ~
Candace Horsley, Cit~Manager
AGENDA
SUMMARY
ITEM NO. 7g
DATE: February 7, 2007
REPORT
SUBJECT: AUTHORIZATION OF A BUDGETAMENDMENT FOR THE CITY'S SHARE OF
THE COUNTY ANIMAL SHELTER FACILITY CONSTRUCTION COSTS AND
OPERATING COSTS
After a period of extensive negotiations, the City of Ukiah and the County of Mendocino
entered into an agreement, as of August 1,2001, for cost sharing of construction costs for the
County animal shelter facility. This agreement identified the method for determining the
proportionate shares of the costs and the conditions under which the proportionate shares
would be recalculated. The initial apportionment is based on the animal shelter usage data for
the calendar periods of 1996 through 2000, This calculation identified the City's initial
apportionment of the construction costs at 19.22%. The City's share is recalculated every five
years, based on the average usage of the previous five years. The City's average animal
shelter usage for the five years 2001-2005 is 17.14%. The City is now obligated to pay 17.14%
of the animal shelter construction costs through fiscal year 2010-2011.
In October 2004, Mendocino County was paid $3,839.52 for FY2002-03 and $24,096.31 for
RECOMMENDED ACTION:
1 ) Approve a budget amendment in the amount of $55,704.00 for Animal Control account
#100.6005.250.000 for the City's share of the Mendocino County animal shelter facility
construction and financing costs.
2) Approve a budget amendment in the amount of $49,000.00 for General Fund revenue
account 100.0800.625.000.
3) Approve a transfer of the $49,000 held in trust account 900.205.919 to General Fund
account 100.0800.625.000.
4) Approve a budget amendment in the amount of $50,370.00 in account
100.6005.250.000 for the City's estimated share of the County animal shelter operating
expenses for fiscal year 2006-2007.
ALTERNATIVE COUNCIL POLICY OPTION: Provide staff with alternative action.
Citizen Advised: N/A
Requested by: Candace Horsley, City Manager
Prepared by: Gordon Elton
Coordinated with: Candace Horsley, City Manager and Brent Smith, Finance Director
Attachments: 1) Mendocino County Estimated Invoice - Animal Shelter Costs
APPROVED:
Candace Horsley, City IV~ger
Authorization of a Budget Amendment for the City's Share of the County Animal Shelter Costs 2-7-07 -
continued
FY2003-04 which represented Ukiah's share of construction costs for the County animal
shelter facility. Payments for subsequent years were not made due to delays in billing from the
County which the City recently received. In anticipation of receiving these bills, the City
included a new fund in the FY 06/07 budget to track these payments. Payments for fiscal
years 2004-05, 2005-06 and 2006-07 are now due. Therefore staff is requesting an
amendment to the Animal Control Budget (100.6005.250.000) in the amount of $55,704.00 for
the City's obligation under this contract.
The County's annual debt financing cost for the construction of the animal shelter varies from
year to year. The calculation of the city's annual payment is as follows:
Total Animal Animal
Debt Control Control City City
Fiscal year Payment Share Amount Share Amount
2004-05 $1,278,010 10.66% $136,235.87 19.22% $25,415.73
2005-06 $1,250,450 10.66% $133,297.97 19.22% $25,619.86
2006-07 $1,803,570 10.66% $192,260.56 17.14% $32,953.46
2000-01 state reimbursement $131,986.00 19.22% ($25,367.71)
2004-05 state reimbursement $ 15,183.00 19.22% ($ 2,918.17)
Total Amount now due $55.703.17
If the City's share of the construction cost remains at 17.14% due to similar usage levels at the
shelter, the annual payments will be approximately $26,000 until fiscal year 2023-2024 when
they will increase to $40,000. The final payment is scheduled for fiscal year 2029-2030.
In a related agreement dated August 6, 2002, the City and County entered into an agreement
for the sale/purchase of a parcel adjacent to the animal shelter property for $49,000.00. This
amount was paid to the City and is held in trust account 900.205.919. The use of this money
was not designated at the time of the agreement with the County. Staff recommends the use
of these funds to offset the cost of the animal shelter construction by transferring the $49,000
from the trust account to the General Fund revenue account 100.0800.625.000 Sale of
Property, for a total net budget amendment of $8,703.17.
The other aspects of the agreements with the County concern the on-going operating
expenses of the Ukiah animal shelter. The agreement requires the City to pay its pro-rata
share of the costs of operating the shelter beginning with fiscal year 2006-2007. The County
provides an estimated invoice of operating costs for the year. A final invoice, based on actual
costs, will be submitted for payment after year-end. Accounting rules require expenses to be
recorded in the year in which they are incurred. Therefore we will accrue the estimated
amount as of June 30, 2007 and make appropriate adjustments when the final invoice is
received. Therefore a budget amendment of $50,370.00 is necessary for the estimated
expense.
cc7g Animal Control asr Page 2
ITEM NO. 7h
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: REPORT REGARDING ACQUISITION OF SERVICES FROM
JOHNSON'S QUALITY TREE CARE IN THE AMOUNT OF $6,325.00.
SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is
filing with the City Council this report regarding the acquisition of services from Johnson's
Quality Tree Care for tree trimming and removal for both the City's Community Services
Department and Public Works Streets Department.
Bid requests were sent to nine different contractors. Two responses were received.
Below is a summary of those responses:
Vendor
Johnson Quality Tree Care
North Coast Tree Care
Bid Amount
$6,325.OO
$7,250.00
The bid was awarded to Johnson Quality Tree Care. The work was funded by the
Community Services Parks Department fund number 100.6001.250.000, and the Public
Works Street Maintenance Department fund number 100.3110.250.000.
RECOMMENDED ACTION:
1. Receive report regarding the acquisition of services from Johnson's Quality
Tree Care in the amount of $6,325.00.
ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A
FUNDING:
Amount Bud.qeted Account Number Additional Funds Requested
$1,300.00 N/A
$5,025.00 N/A
100.6001.250.000
100.3110.250.000
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
Brent Smith, Director of Finance
Mary Horger, Purchasing Agent
Candace Horsley, City Manager
N/A
APPROVED:.
~"~n~"~'ce Horsley, City~anager
AGENDA
ITEM NO: 7i
MEETING DATE:
February 7, 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:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
City Council
Liz Kirkley, Electrical Distribution Engineer
Candace Horsley, City Manager; David Rapport, City Attorney;
1. 1/29/07 Source California Hydro Project Status Report
Approved: Ca ndace"~-~="'~ o~sl~% anager
ATTACHMENT1
Date: January 29, 2007
To: City of Ukiah
Below is a short summary of work that has been accomplished in the last two weeks.
Safety and environmental compliance continues to be accident and incident free.
1) Mechanical assembly of Generator Unit 1 and Unit 2 is complete.
2) Tainter valve testing is complete and currently in the normally closed position.
3) Plant bypass piping is pressurized and river flow is being handled by the 54" bypass valve.
4) Fish hatchery is being fed through normal gravity feed piping. Refurbished motor operator is
installed on hatchery pump feed piping.
5) Promised deliver for motors for new Department of Fish and Game (DF&G) backup supply pumps
is February 28, 2007. Follow-up efforts are being made to expedite delivery.
6) The DF&G redundant flow meter is complete with the exception of transducer installation and
testing. Awaiting assistance from General Electric to complete testing.
7) Reinstallation of turbine/penstock pressure tubing is 70% complete.
8) Reconnection of electrical and thermal components to generators is 70% complete.
9) Both UPS units are complete and in service.
10) Unit 2 cooling water has been pressurized and tested. Work continues on Unit 1 cooling water
system.
11) SCADA communications and analog cable trays are complete.
12) New electrical conduit installations are complete.
13) SCADA PLC hardware and termination panel is complete and ready for terminations. Wiring
schedules for SCADA PLC are being developed.
14) Termination panels for Unit 1, Unit 2, and AUX PLC's are being assembled. Wiring schedule for
Unit #1 PLC is complete.
15) River flow monitor installation is complete and system is in service.
16) Wiring for new AVR#1 is 80% complete. Settings for new AVR#1 are 70% complete.
17) Generator protection relay testing and configuration is approximately 40% complete,
18) Replacement transfer trip equipment has been received and installation is anticipated within the
next two weeks.
19) Replacement control panel for 12 kV recloser has been received and installation is anticipated
within the next two weeks.
20) TSV automatic backfill valve pressure testing is complete.
Al Flanary
fodPaul B. Dirks
Project Manager/Sr. Mechanical Engineer
Source California Energy Services, Inc.
ITEM NO. 7.i
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF RESOLUTION REMOVING 45 LINEAL FEET OF ON-STREET
PARKING ALONG THOMAS STREET NEAR SOUTH STATE ST.
SUMMARY: The Traffic Engineering Committee (TEC) received a request for a no parking
zone along the north side of Thomas Street at its intersection with South State Street. The
Perfect Detail is located at the northeast corner of this intersection. Since there is no curb,
gutter, nor sidewalk along the north side of Thomas Street at this location, vehicles have been
parked diagonally along the unimproved Thomas Street frontage of The Perfect Detail. The
unimproved area between The Perfect Detail and the north edge of pavement (Thomas
Street) is approximately 14 feet wide with the City street right of way extending approximately
7.5 feet north from the edge of pavement. When vehicles are parked diagonally in this area,
pedestrians are forced to walk around the vehicles onto Thomas Street. Please refer to
Attachment 2 for a location map. The proposed no parking zone will prohibit parking along the
Thomas Street frontage of The Perfect Detail. The net result of the proposed action will be the
loss of approximately two on-street parking spaces. The Traffic Engineering Committee
reviewed this request at its regular meetings of November 14, 2006 and January 9, 2007.
Although The Perfect Detail business manager received notification of both TEC meetings, no
representative from The Perfect Detail contacted staff nor attended the TEC meetings to
discuss this issue. The TEC recommends approval of the no parking zone to the City
Council.
RECOMMENDED ACTION: Adopt resolution removing 45 lineal feet of on-street parking
along Thomas Street near South State Street.
ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction
to staff.
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Ceja Brothers LP (adjacent property owners)
Tim Eriksen, Director of Public Works / Cty Eng neer~. ,j~-~._
Rick Seanor, Deputy Director of Public Works
Candace Horsley, City Manager - ~r-
1. Resolution for Adoption
2. Location Map
Candace Horsley, City I~anager
RJS AGnpThornasSt nr SiateSt SUM
Attachment
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH
REMOVING 45 LINEAL FEET OF ON-STREET PARKING
ALONG THOMAS STREET NEAR SOUTH STATE STREET
WHEREAS, the City Council may by resolution designate portions of streets upon which
the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article
11, Chapter 1, Division 8 of the Ukiah City Code; and
WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request
on January 9, 2007 to establish the no parking zone within the City of Ukiah; and
WHEREAS, the Traffic Engineer recommends this request regarding the no parking zone.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah
does establish a no parking zone on the north side of Thomas Street near South State
Street at a location determined by the City Engineer.
PASSED AND ADOPTED this 7th day of February, 2007 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Gail Petersen, City Clerk
Marl Rodin, Mayor
Resolution No. 2007-
Page 1 of I
Altachment
Thomas Street
Proposed No Parking Zone
1 inch equals 50 feet Photo Date: March 2001
ITEM NO. 7k
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO COUNCIL ON THE PURCHASE OF A CARPORT
STRUCTURE FROM RAINBOW AGRICULTURAL SERVICES IN THE AMOUNT OF
$5,886.38 FOR OBSERVATORY PARK HISTORICAL RENOVATION.
SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is
filing with the City Council this report regarding the purchase of a metal carport in the
amount of $5,886.38 from Rainbow Agricultural Services to cover the historic Observatory
Building at Observatory Park. The carport will protect the structure and allow for year
round renovations to take place. The effort to renovate the building is being coordinated
with the Friends of Observatory Park which is a grass roots community group established
to restore and preserve the historical site and its history. Once renovations are complete,
the carport structure will be removed and reused at one of the City's maintenance yard
locations.
In accordance with City of Ukiah purchasing policies, the City's Purchasing Supervisor
issued a request for bids to all suppliers on the City's qualified bidders list. Three
companies responded to the request by the deadline with Rainbow Agricultural Services
being the Iow bidder in the amount of $5,886.38. The other two responses were Quail
Buildings at $6,061.00 and BFA Structures at $7,198.93.
The cost of the carport was charged to the park development account for Observatory
Park.
RECOMMENDED ACTION: Receive report regarding the purchase of a carport in the
amount of $5,886.38 from Rainbow Agricultural Services to cover the Observatory
structure in Observatory Park.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
FUNDING:
Amount Budqeted
$5,886.38
From Acct No. To Acct. No.
140.6050.800.000 N/A
Additional Funds Requested
N/A
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Martin Bradley and Judy Pruden
Friends of Observatory Park
Maya Simerson, Community Services Supervisor and Sage
Sangiacomo, Community Services Director
Candace Horsley, City Manager and Mary Horger, Purchasing Agent
N/A
Candace Horsley, Ci~,,Manager
ITEM NO. 71
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: REPORT TO THE UKIAH CITY COUNCIL ON THE PURCHASE OF 250
YARDS OF 60/40 INFIELD MIX FROM BORGES TRANSFER SERVICE IN THE
AMOUNT OF $9,918.81 FOR THE UKIAH SPORTS COMPLEX.
SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is
filing with the City Council this report regarding the purchase of 250 yards of 60/40 infield
mix in the amount of $9,918.81 from Borges Transfer Service for the replacement of lost
soil on all three fields at the Ukiah Sports Complex due to the 2006 New Year's Flood
event.
In accordance with City of Ukiah purchasing policies, the City's Purchasing Supervisor
issued a request for bids to all suppliers on the City's qualified bidders list. Three
companies responded to the request with Borges Transfer Service being the Iow bidder in
the amount of $9,918.81. Wheeler Zamaroni submitted a quote in the amount of $12,013
and Healdsburg Landscape Materials submitted a quote in the amount of $10,370.94.
The cost of the 60/40 mix was charged to the corresponding Park Supplies Funds for Ukiah
Sports Complex and will be reimbursed by FEMA (Project# 44).
RECOMMENDED ACTION: Receive report regarding the purchase of 250 yards of
60/40 infield mix in the amount of $9,918.81 from Borges Transfer Service for the
replacement of soil on all three fields at the Ukiah Sports Complex.
ALTERNATIVE COUNCIL POLICY OPTIONS: N/A
FUNDING:
Amount Budqeted
$9,918.81
From Acct No.
100.6001.690.000(FEMA 44)
Additional Funds Requested
FEMA Reimbursement
Citizen Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
N/A
N/A
Maya Simerson, Community Services Supervisor and Sage
Sangiacomo, Director of Community Services
Candace Horsley, City Manager and Mary Horger, Purchasing Agent
N/A
APPROVED:
Candace Horsley, City Mart~ger
ITEM NO. 7m
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT:
REQUESTFORAUTHORIZATIONTO PURCHASENETWORKING EQUIPMENT
FROM AT&TIN THE AMOUNT OF$14,307PLUS SHIPPING AND APPROVAL
FOR A BUDGET AMENDMENT AND TRANSFER TO FULLY FUND THE
PURCHASE.
SUMMARY: The Information Technology Department has determined the limited bandwidth to the
Grace Hudson Museum and the City's Corp. Yard has caused interruption to the computer users
at these facilities. To resolve the service disruptions the IT Department recommends purchasing
CISCO networking equipment in order to support faster network circuits. Costs for the required
equipment total $8025.38 + shipping. Costs to purchase the required equipment will be split
equally between the following funds: Museum (100.6150.800.000), Water (820.3901.690.000), and
Sewer (612.3505.690.000). Given the unanticipated nature of the equipment failure, a budget
amendment in the amount of $2,675.13 to the Museum 800 account will be necessary to fully fund
this portion of the expenditure.
Additionally, at the request of the Utilities department, the IT Department has begun to develop the
City's first Supervisory Control and Data Acquisition (SCADA) network. The first location to be
brought online is the Mendocino Lake Powerhouse. To support the network the IT Department
recommends purchasing CISCO networking equipment from AT&T. Costs to implement the
SCADA network to the Mendocino Lake Powerhouse will total $6281.78 + shipping. Funding for
this purchase has been capitalized in the Hydro 699 fund and approval of a budget amendment
authorizing a transfer of funds to the Electric account (800.5536.800.00) will be necessary.
RECOMMENDED ACTION:
1. Approve the request to purchase networking equipment from AT&T in the amount of
$14,307 plus shipping.
2. Approve the budget amendment in the amount of $2,675.13 plus shipping to the Museum
fund (100.6150.800.000).
3. Approve a budget transfer from the Hydro 699 fund (699.260.043) to the Electric account
(800.5536.800.000)
ALTERNATIVE COUNCIL POLICY OPTIONS: Deny the purchase request (in whole or part) and
remand to staff with direction.
Citizen Advised: N/A
Requested by: N/A
Prepared by: Steven Butler, IT Supervisor
Coordinated with: Sage Sangiacomo, Director of Community Services; Liz Kirkley, Electrical
Distribution Engineer
Attachments: N/A
APPROVED: ~
Candace Horsley, City Ma)~ager
ITEM NO.:
DATE:
AGENDA SUMMARY REPORT
9a
FebruaW 7,2007
SUBJECT: CONDUCT PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION
ESTABLISHING A $50.00 FEE FOR PROCESSING SEWER LATERAL
TESTING PERMITS, INSPECTING THE SEWER LATERAL TEST, REVIEWING
TEST RESULTS AND ISSUING SEWER LATERAL TESTING CERTIFICATES
SUMMARY: The City of Ukiah's Private Sewer Lateral Testing Program (Program) became
effective January 13, 2007. The Program requires the applicant to obtain a permit from the
City prior to performing the sewer lateral test. Once a permit has been issued, the applicant
performs the test under the supervision of the City inspector and then submits the results for
review by City of Ukiah's Public Utility Department staff. A Sewer Lateral Testing Certificate is
then issued to the applicant.
BACKGROUND: The City Council on September 15, 2004 adopted Ordinance No. 1057, an
Ordinance of the City Council of the City of Ukiah renumbering Article 18 of Chapter 2 of
Division 3 of the Ukiah Code, as Article 19, and adopting a new Article 18 entitled: Sewer
Lateral Testing. Section 3798.05C of Article 18 states that "the applicant shall use an
application form adopted by the Director and shall pay any application fee in accordance with a
resolution of the City Council. The fee may reimburse the City for the cost of administering this
ordinance including the cost of conducting and supervising and reviewing the results of
inspection and tests required by this ordinance".
Continued on Page 2
RECOMMENDED ACTION: 1) Conduct Public Hearing; 2) After consideration of public
comment, adopt a Resolution establishing a $50.00 fee for processing sewer lateral
testing permits, inspecting sewer lateral tests, reviewing test results and issuing sewer
lateral testing certificates.
ALTERNATIVE COUNCIL POLICY OPTION: Do not adopt a Resolution establishing a $50.00
fee for processing sewer lateral testing permits, inspecting the sewer lateral test and issuing
sewer lateral testing certificates and provide further direction to staff.
Citizen Advised: n/a
Requested by: Candace Horsley, City Manager
Prepared by: Rick Sands, Water Utilities Engineering Specialist
Coordinated with: Candace Horsley, City Manager
Attachments: 1-Resolution establishing a $50.00 fee for processing sewer lateral testing
permits, inspecting the sewer lateral test, reviewing test results and issuing
sewer lateral testing certificates
Candace Horsley, CitylManager
Page 2 of 3
February 7, 2007
Staff time to process a Sewer Lateral Testing Permit, perform an inspection of the sewer
lateral test, review the test results and prepare a Sewer Lateral Testing Certificate is averaging
one hour of staff time.
Staff time is broken down as follows:
o Permits are reviewed for completeness, a permit number assigned and the permit
information entered into a data base. The applicant is then notified by phone that the
permit has been issued. This task is taking approximately 10 minutes;
o Field inspections are not always required as in the case of TV inspections, but in most
other cases a field inspection is required and including travel time is taking
approximately 45 minutes;
o Reviewing test results for TV inspections includes viewing the DVD or video tape of the
sewer lateral inspection and reviewing the inspection report. This task is taking
approximately 30 minutes. In the case of most other inspections that required a field
inspection, the time to review the test report is estimated at 5 minutes;
o Preparing a Sewer Lateral Testing Certificate, entering the information into a data base
and notifying the applicant by phone that the Certificate is complete is taking
approximately 10 minutes.
Staff time to administer the Sewer Lateral Testing Program when a TV inspection is utilized is
taking approximately 50 minutes and approximately 1 hour and 10 minutes for inspections
requiring a field visit. The average time taken to administer these two categories of tests is
approximately one (1) hour.
The work being performed to administer the Program is being conducted by the City of Ukiah's
Water Utilities Engineering Specialist. The City of Ukiah's Finance Director has calculated
staff's time including salary and fringe benefits at $51.42 per hour. The $50.00 fee requested
fairly reimburses the City for the cost of administering the Program.
The staff will propose an additional resolution establishing inspection fees for inspections
related to sewer lateral repairs by the time amendments to the Sewer Lateral Testing
Ordinance currently being proposed are adopted by the City Council and become effective.
RESOLUTION NO. 2007-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALIFORNIA,
ESTABLISHING A $50.00 FEE FOR PROCESSING SEWER LATERAL TESTING
PERMITS, INSPECTING THE SEWER LATERAL TESTS, REVIEWING TEST
RESULTS AND ISSUING SEWER LATERAL TESTING CERTIFICATES
WHEREAS, pursuant to City Code Section 3798.05C, fees for administering the
Sewer Lateral Testing Ordinance must be adopted by the City Council by resolution; and
WHEREAS, the Public Utilities Department has determined the average staff time
used for processing a sewer lateral testing permit, inspecting the sewer lateral test,
reviewing test results and issuing a sewer lateral testing certificate is one (1) hour; and
WHEREAS, the requested fee of $50.00 recovers the cost for the services provided
to administer the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA,
DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
The fee for processing a sewer lateral testing permit, inspecting the sewer lateral test,
reviewing test results and issuing a sewer lateral testing certificate is $50.
PASSED AND ADOPTED this
vote.
th day
2007, by the following roll call
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mad Rodin, Mayor
Gall Petersen, City Clerk
Resolution No. 2007-
Page 3 of 3
AGENDA
ITEM NO: 9b
MEETING DATE: February 7, 2007
SUMMARY REPORT
SUBJECT:
HEARING ON THE ISSUANCE OF TAX-FREE BONDS FOR LOW
INCOME HOUSING PROJECT BY CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY, AS REQUIRED BY THE
TAX AND EQUITY FISCAL RESPONSIBILITY ACT OF 1982 ("TEFRA")
AND POSSIBLE ADOPTION OF RESOLUTION APPROVING
FINANCING TERRACE 1 APARTMENTS AT 1164 MULBERRY
STREET, UKIAH
SUMMARY: Star Development LLC (the "Developer") is asking the City to adopt a
resolution approving of the issuance of tax-exempt bonds by the California Statewide
Communities Development Authority (the "Authority") for the financing of the acquisition
and rehabilitation of a multi-family housing project by the Developer. Such approval is
required for compliance with the federal tax laws under the Tax and Equity Fiscal
Responsibility Act of 1982 ("TEFRA"), as well as Section 9 of the Authority's Amended
and Restated Joint Powers Agreement (the "Agreement"). Under TEFRA, the elected
governing body of the local jurisdiction where the project is located must approve the
RECOMMENDED ACTION: Conduct the public hearing and approve, by resolution,
the issuance of tax-exempt revenue bonds by California Statewide Communities
Development Authority in an aggregate principal amount not to exceed $4.0 million, to
assist in the financing of the acquisition and rehabilitation of the Ukiah Terrace I
Apartment community.
ALTERNATIVE COUNCIL POLICY OPTIONS: Decline to adopt the resolution.
Citizens Advised:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Notice published in the Ukiah Daily Journal
Star Development, LLC
Don Ballek, Economic Development Coordinator
Candace Horsley, City Manager, David Rapport, City
Attorney
1. Notice
2. Resolution
3. Excerpt from 26 U.S.C. {}147
4. Excerpt from Housing Element, Ukiah General Plan
Candace Horsley, ~y Manager
Agenda Summary Report February 7, 2007 meeting
Page 2
issuance of the bonds. By approving this resolution, the City is not deemed to have
§ranted any other City approval that may be required for this project. However, in order
for any financing for a private entity, such as Developer, to be completed on a tax-
exempt basis, the TEFRA hearing process must be completed by the City Council.
If it approves and adopts the resolution, the City is approving the issuance of the bonds
by the Authority and neither the City nor its redevelopment agency will be otherwise
involved in the issuance of the bonds or their repayment, nor have any other
responsibility in connection with the administration of the Iow income requirements to
which the project becomes subject, when financed with tax exempt private activity
bonds.
RELATIONSHIP OF PROJECT TO LOW INCOME HOUSING GOALS OF GENERAL
PLAN
The Ukiah Terrace I Apartments is an existing 41 unit multi-family apartment complex
located at 1164 Mulberry Street in the City of Ukiah. The Developer will use the bond
proceeds to finance acquiring the property and refurbishing the complex. 13 units or
32% of the 41 units will be set aside for families whose income is at, or below, 50% of
the Area Median Income, with the remaining 68% (28 units) of the homes in the
complex restricted to those whose income is at, or below, 60% of the Area Median
Income. Current guidelines require any project using tax-exempt bond financing to
keep the housing units in the project affordable for Iow income families for 55 years.
The Ukiah Terrace Apartments project will contribute housing units to meet the goal of
the Ukiah General Plan Housing Element to increase the availability of housing for very
Iow income and Iow income families.
State legislation enacted in 1980 mandated that the Mendocino Council of Governments
(MCOG) determine the existing and projected regional housing needs and determine
each of the County's jurisdictions share of the regional need for housing by household
income group. MCOG prepared the Mendocino County Housing Needs Plan for the
period January 1,2000 to July1, 2008 as required by State law. The purpose of the plan
is to examine housing needs for all of the County's jurisdictions and to allocate to each
local government housing goals to meet these needs.
The Housing Element must consider the local share for regional housing assigned to
each city by MCOG which takes into consideration employment opportunities, the
availability of suitable sites and public facilities, market demand for housing, and the
type and tenure of housing. Under the Plan and the City's Housing Element, Ukiah
requires 131 additional units of housing to meet the housing need of very Iow income
families (at or below 50% of the Area Median Income) and 113 additional units of
housing to meet the housing need for Iow income families (at or below 80% of the Area
Median Income). (See Attachment 4.)
Agenda Summary Report
Page 3
DESCRIPTION OF TAX FREE BONDS
February 7, 2007 meeting
The Bonds would be tax-exempt private activity bonds for the purposes of the Internal
Revenue Code and, as such, require the approval of the elected body of the
governmental entity having jurisdiction over the area where the project to be financed is
located. (See Attachment 3, excerpt from 26 U.S.C. §147 of the Internal Revenue
Code.) In adopting the resolution, the City is not under any obligation to repay the Bond
indebtedness, or to supervise the administration of the housing complex.
In order for the Authority to issue such Bonds, the City must (1) conduct a public
hearing allowing members of the public to comment on the proposed Project, and (2)
approve of the Authority's issuance of Bonds on behalf of the proposed financing.
The Internal Revenue Code does not provide any requirements for the conduct of the
hearing other than requiring public notice of the hearing to be published in the
newspaper. (See Attachment 3.) The required notice has been published.
Although the Authority (not the City) will be the issuer of the tax-exempt revenue bonds
for the Project, the financing cannot proceed without the City becoming a member of the
Authority and, as the governmental entity having jurisdiction over the site, approving of
the Authority's issuance of the indebtedness.
The Authority is a California joint exercise of powers authority, organized and existing
under the laws of the State of California (specifically, California Government Code
Section 6500 and following), and is sponsored by the League of California Cities and
the California State Association of Counties. Under the California Government Code,
cities and counties are authorized to form by agreement a governmental entity that
combines the powers of such entities to perform certain governmental functions
specifically outlined in the Agreement. With respect to the Authority, over 460 California
cities, counties and special districts have entered into and executed the Agreement to
become a member of the Authority, including the City of Ukiah. The Authority is
authorized to assist in the financing of multi-family housing projects.
FISCAL IMPACT
There is no direct or indirect financial impact to the City of Ukiah as a result of this
proposed financing. The Authority will issue tax-exempt revenue bonds on behalf of the
Project. The tax-exempt revenue bonds are payable solely out of the revenues derived
by the Developer from the applicable Project. No financial obligations are placed on the
City for project financing costs or debt repayment.
Agenda Summary Report February 7, 2007 meeting
Page 4
ATTACHMENT 1 - TEFRA hearing (2/7/07 meeting)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Ukiah (the "City"), at
its regular meeting on February 7, 2007 will hold a public hearing and consider approval of the
issuance by the California Statewide Communities Development Authority (the "Issuer") of
multifamily housing revenue bonds (the "Bonds") in a principal amount not to exceed Four
Million Dollars ($4,000,000) to assist in the financing of the acquisition, rehabilitation and
development of a 41-unit multifamily rental housing development commonly known as Ukiah
Terrace I Apartments located at 1164 Mulberry Street in the City of Ukiah, California (the
"Project").
The owner of the Project is expected to be Star Development LLC, or a limited liability
company or limited partnership to be established by Star Development LLC.
The Bonds will not constitute an indebtedness or obligation, or a pledge of the faith and
credit of, the Issuer or the City. The Bonds are special, limited obligations of the Issuer, payable
solely from the revenues of the Projects.
All those interested in matters related to the issuance of the Bonds and the financing of
the acquisition, rehabilitation and development of the Project are invited to attend and be heard at
the meeting which will commence at 6:15 p.m., or as soon thereafter as the matter may be heard,
and will be held at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California. If you have
any questions regarding this matter, please call Terrence Murphy of the California Statewide
Communities Development Authority, at (925) 933-9229.
By: /s/Gail Petersen
City Clerk
Dated: January 21 & 26, 2007
Agenda Summary Report February 7, 2007 meeting
Page 5
ATTACHMENT 2- TEFRA HEARING (2/7/07 meeting)
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE
ISSUANCE OF BONDS BY THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY RELATING TO THE FINANCING OF UKIAH TERRACE I
APARTMENTS
WHEREAS,
1. The Califomia Statewide Communities Development Authority, a joint exercise of
powers agency consisting of California public agencies, which was created to assist in obtaining
financing for projects and purposes serving the public interest (the "Authority"), proposes to
issue multifamily housing revenue bonds (the "Bonds") in an amount not to exceed $4,000,000
and to lend the proceeds thereof to Star Development LLC, or a limited liability company or
limited partnership to be established by Star Development LLC (the "Borrower"), to be used for
acquisition, rehabilitation and development of a 41-unit multifamily rental housing development
commonly known as Ukiah Terrace I Apartments located at 1164 Mulberry Street in the City of
Ukiah, California (the "Project"), to be owned and operated by the Borrower.
2. Section 147(f) of the Internal Revenue Code of 1986, requires the City Council (the
"City Council "), as the elected representative of the City of Ukiah (the "City"), the host
jurisdiction of such facilities, to approve the issuance of the Bonds after a public hearing has
been held following reasonable notice;
3. A public hearing was held by the City Council on the 7th day of February, 2007,
following duly published notice thereof, and all persons desiring to be heard have been heard;
and
4. It is in the public interest and for the public benefit that the City Council, as the elected
representatives of the City, the host jurisdiction of such facilities, approve the issuance and
delivery by the Authority of the Bonds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section I. The City Council hereby finds and determines that the foregoing recitals are true and
correct.
Section 2. The City Council hereby approves the financing of the Project by the Authority with
the proceeds of the Bonds.
Agenda Summary Report
Page 6
February 7, 2007 meeting
Section 3. The issuance and delivery of the Bonds shall be subject to approval by the Authority
of all financing documents relating thereto to which the Authority is a party and subject to the
sale of the Bonds by the Authority to the purchasers thereofi
Section 4. The Bonds will be paid entirely from repayments by the Borrower. Neither the full
faith and credit nor the taxing power, if any, of the City, the Authority and its members, the State
of California (the "State") or any other political corporation, subdivision or agency of the State is
pledged to the payment of the principal of, premium, if any, or interest with respect to the Bonds,
nor shall the City, the Authority and its members, the State, or any other political corporation,
subdivision or agency of the State be liable or obligated to pay the principal of, premium, if any,
or interest with respect to the Bonds.
Section 5. This resolution shall take effect immediately.
PASSED AND ADOPTED on February 7, 2007, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
Al'lEST:
Mari Rodin, Mayor
Gail Petersen, City Clerk
Agenda Summary Report February 7, 2007 meeting
Page 7
ATTACHMENT 3 - ASR Re: TEFRA hearina (2/7/07 meetinal
26 U.S.C. §147 excerpt (Emphasis added)
(f) Public approval required for private activity bonds.
(1) In general. A private activity bond shall not be a qualified bond unless such
bond satisfies the requirements of paragraph (2).
(2) Public approval requirement.
(A) In general. A bond shall satisfy the requirements of this paragraph if such
bond is issued as a part of an issue which has been approved by-- (i) the governmental unit--
(I) which issued such bond, or
(II) on behalf of which such bond was issued, and
(ii) each governmental unit having jurisdiction over the area in which any
facility, with respect to which financing is to be provided from the net proceeds of
such issue, is located (except that if more than 1 governmental unit within a State has
jurisdiction over the entire area within such State in which such facility is located, only 1
such unit need approve such issue).
(B) Approval by a governmental unit. For purposes of subparagraph (A), an issue shaft
be treated as having been approved by any governmental unit if such issue is
approved--
(i) by the applicable elected representative of such governmental unit after a
public hearing following reasonable public notice, or
(ii) by voter referendum of such governmental unit.
(E) Applicable elected representative. For purposes of this paragraph--
(i) In general. The term "applicable elected representative" means with respect
to any governmental unitI-
(I) an elected legislative body of such unit, or
(II) the chief elected executive officer, the chief elected State legal officer of the
executive branch, or any other elected official of such unit designated for purposes of this
paragraph by such chief elected executive officer or by State law.
Agenda Summary Report February 7, 2007 meeting
Page 8
ATTACHMENT 4 - ASR TEFRA HEARING (2/7/07)
Information from 2004 Housing Element, Ukiah General Plan, with updated information
Source: Ukiah Planning Department
City of Ukiah
REGIONAL HOUSING NEEDS DETERMINATZON
State legislation enacted in 1980 mandated that the Mendocino Council of Governments
(MCOG) determine the existing and projected regional housing needs and determine
each of the County's jurisdictions share of the regional need for housing by household
income group. IvlCOG prepared the Mendocino County Hous/ng Needs P/an for the
period January 1, 2000 to .lulyl, 2008 as required by State law. The purpose of the plan
is to examine housing needs for all of the County's jurisdictions and to allocate to each
local government housing goals to meet these needs.
The Housing Element must consider the local share for regional housing assigned to
each city by MCOG which takes into consideration employment opportunities, the
availability of suitable sites and public facilities, market demand for housing, and the
type and tenure of housing.
REGIONAL HOUSING NEEDS ALLOCATIONS FOR THE CITY OF UKIAH
2000 through 2008
~ Income Group - Percentage of County Median Total Housing Need Percent
!nc~me ........................... [units~ ....................
.... 71 ........ 22 ......
~Low [50-80] 113 19
Moderate [80-120] ~ 101 17
]Above Moderate [>120] i 249 42
Source: NCOG Regional Housing Needs Determ/nat/ons (RHNP) Adopted 07/02[02
The regional housing needs allocation for Ukiah represents 12 percent of the 4,845
housing units allocated county-wide as follows: point Area with 36 units (0.75 percent);
Fort Bragg with 388 units (8 percent); Willits with 436 units (9 percent) and the
unincorporated area of the County with 3,391 units (70 percent).
Agenda Summary Report February 7, 2007 meeting
Page 9
AFFORDABLE HOUSING UNITS CONSTRUCTED OR APPROVED 1996 TO 2005
Mendocino 1996
Community
Development
Commission
Rural Counties 1996
Housing
Development
Commission
Rural Counties 1997
Housing
Development
Commission
Rural Counties 1997
Housing
Development
Commission
Rural Counties 2000
Housing
Density Type of Unit &
Name Year Units Du/acre Zoning Affordability Status
7 28 R3 Apartments - Low Income
11 28 Pm/R3 Single Family Units: Sweat
equity - Low Income
16 28 i R3 Apartments - Low Income
26 28 Pm/R3 Single Family Units: Sweat
equity - Low Income: Rural
Development Title 2 and City of
~ Ukiah RDA funds
10 i 28 R3 Apartments: Low Income:
HUD 202 funds and City of Ukiah
RDA funds
Development rr
Commission
Danco Builders 2002 64 28 R3 Apartments - Very Low
Income: Tax Credit Certificates
and Ukiah RDA funds
Raitt/Holmes 2004 5 28 R-3 Apartments: Low Income
O'Bergin 2005 44 28 R-3 Apartments/Efficiency
I Units: Very Low and Low
i Income
Shimizo 2005 12 28 i PD/R-3 i Single Family Dwellings:
~ Moderate Income
[ :~ ] i Transitional Housing
TOTAL 1203 ; I :
Agenda Summary Report February 7, 2007 meeting
Page 10
Source: City of Ukiah Planning and Community Development Department, December 2005
The 203 affordable housing units constructed were a mixture of single family and apartment
units, ranging in density from 18 to 28 units per acre. 191 of these units are affordable to low or
very low income households and 12 are affordable to moderate incomes.
AGENDA
ITEM NO: 10a
MEETING DATE: February 7, 2007
SUMMARY REPORT
SUBJECT: DISCUSSION AND POSSIBLE APPROVAL TO PROCEED WITH
REQUEST FOR BIDS FOR TEST WELL DRILLING
At the January 17, 2007 meeting, the Council was presented with a report and
recommendations to proceed with a Request for Bids (RFB) to place test wells at Oak
Manor and Riverside Parks. The Council asked for additional information to be brought
back on several items. The items and staff responses are as follows:
1. Environmental sites, Granite quarry, and neighborhood meeting: Please refer to
attachment 1, a letter of response on these issues from Martin Steinpress of Brown and
Caldwell.
2. Explore possibility of a well site in the Brush Street triangle area: The City has been in
contact with several property owners regarding land for a well in this area. At least one
land owner is willing to work with the City to exchange or allow purchase of a portion of his
property for a well. Martin Steinpress will be looking at the site on February 7th to
determine if it is an appropriate site.
3. Determine issues surrounding using Russian River Flood Control District water by
placing additional pumps into the river: City Attorney Rapport has provided the following
information--SWRCB Decision 1030, Order 74-30 and Permit 12947B provide that the
direct diversion and rediversion of stored water under the Flood Control District's (District)
8000 af permit shall not occur until it provides the SWRCB with a description of the
location of each point of diversion and a statement of the quantity of water to be diverted at
Continued on pa.qe 2
RECOMMENDED ACTION: Discuss the information presented and move to approve
the siting of test wells at Oak Manor and Riverside Parks.
ALTERNATIVE COUNCIL OPTIONS: Request additional information
Requested by: City Council
Prepared by: City Manager Horsley, City Attorney Rapport
Coordinated with: Candace Horsley, City Manager
Attachments: 1. Letter from Martin Steinpress
Approved: Candace Hor~~eY, C~
Manager
each point of diversion. Prior to the SWRCB issuing a Cease and Desist Order (CDO) to
the District in January 2005, the District reported points of diversion each year in its annual
progress reports. The SWRCB in the CDO had several concerns with those reports.
Because the reports did not satisfy the SWRCB, the CDQ required the District to submit a
Compliance and Monitoring Plan (Plan) to address the SWRCB's concerns. Among other
things, the Plan was required to include:
· A description of the location of each point of diversion and rediversion covered by
Permit 12947B. The capacity of the diversion works at each point and the extent of
any other basis of right being used at that point should also be identified.
· A map that specifies each point of diversion and associated place of use served
under District's permit.
In March 2005, the District submitted a Plan for approval by the SWRCB. The Plan
indicated that a description of each point of diversion and a map showing them had
previously been filed with the SWRCB but promised to file a more complete an accurate
description of each point of diversion under the District permit and a more accurate map
within six months.
If the City were to divert water under its contract with the District from a new location that
was not included in the reports, descriptions and maps filed by the District with the
SWRCB, the District would need to revise those documents to list the new points of
diversion before the City could begin diverting water from them. It does not appear that
the City or the District would have to amend the District permit to include those additional
points of diversion, because the permit already allows diversions from any point within the
District as long as the location is filed with the SWRCB. Barbara Spacek agrees with this
interpretation of the District's permit. It may be prudent to confirm this interpretation by
consulting with the SWRCB staff.
Other approvals may be required in connection with developing a particular diversion. For
example, placing a pump in the river may require approval from the Department of Fish
and Game. The development of the diversion may constitute a project under CEQA
requiring an initial study and either a negative declaration or an EIR. Since salmon and
steelhead trout have been declared a threatened and endangered species under the
Federal Endangered Species Act, the City may have to consult with NOAA Fisheries and
avoid any action which could result in a take of endangered species.
Using surface water from the Russian River under the District's permit would not address
one of the important purposes of the wells, which is to increase the water sources for the
City water system in the winter. As Ann Burck explained at the last council meeting, the
City cannot use water from the Russian River in the winter because of the high turbidity.
The water treatment plant cannot adequately filter the water, when its turbidity is at
winter time levels. The City can only use two of its existing wells during the winter. The
City needs one or two additional wells during the winter to provide some excess capacity
so that a well can be taken off line for repairs or maintenance. That currently is not
possible and places the City water system at risk of failing to meet winter time demand.
Tn addition to the turbidity problem, Project water under the District's permit is generally
not available during the winter (it is being stored in Lake Mendocino for release during the
summer). Even if it were available, the City should reserve its water under the Flood
Control District's permit for summer use when there may not be sufficient water under the
City's 20 cfs permit.
Staff is requesting Council discussion of the various issues and approval of the RFB for the
test well sites.
Ms. Ann Burck
February 2, 2007
Page 1
Attachment #
February 2, 2007
Ms. Ann Burck
Project Engineer
City of Ukiah
411 W. Clay Street
Uldah, Cahfornia 95482-5400
130558/005/1011
Subject: Well Siting Study Results
Dear Ms. Burck:
In response to the following issues r:dsed at the January 17, 2007 City Council Meeting on
Brown and Caldwell's City of Ukiah Well Siting Study report dated October 2006, we have
prepared the following summary for the Council's consideration on February 7, 2007:
Oak Manor School Underground Storage Tank. The Mendocino County
Environmental Health Department has confirmed that the diesel fuel tank was removed
in 1990 and that there was no indication of leakage or contamination of soil or
groundwater. As a result, the env'~ronmental records search did not identify it as a Leaking
Underground Storage Tank (LUST). There is thus no indication that tiffs site is a threat to
groundwater.
Environmental Records Orphan Sites. The searches identified a total of 37 sites that
were not mapped due to poor or inadequate address information. Brown and Caldwell
has since located all the sites with reasonable accuracy, and only two (Oak Manor
Elementary School and a LUST at the Petrich property at 600 Orchard Ave., North) are
within half mile of either recommended drill site. The remainder axe over half mile away,
with several m the vicirfity of the railroad and State Street (where sites had already been
identified), and the majority are well over 1 mile away. Such sites can be expected in an
urban area, and do not change the report's recommendations.
3. Granite Construction Quarry Site. Brown and Caldwell has performed an additional
preliminary evaluation of the issues associated with developing a water source at the
Granite Construction Quarry Site located across the river from the Ukiah Water
Treatment Plant (WTP). The following issues have been identified:
a. Feasibility of an additional Ranney Collector lateral to quarry. As reported on
January 17, conventional lateral construction technology is limited to
approximately 200 feet, and would not reach the 600 to 1000 feet necessary to
reach the quarry. Brown and Caldwell has spoken to JayJasperse of Sonoma
County Water Agency, who reported that Layne was only able to push a lateral
out to a maximum of 220 feet with great difficulty. A new Layne technology that
involves directional drilling and requires recovery of the &rill head at the site is a
possible option. However, the technology is relatively untested and the Ranney
would be out of commission for a significant time period for such a boring.
Directional drilling for pipelines is a proven and suitable technology.
b. Water quahty concerns associated with a stagnant pond due to algae, turbidity,
and potential natural or anthropogenic contamination from a quarry intake (water
quality sampling and analyses will be necessary to assess). These constituents may
requke additional WTP treatment methods.
c. Cost of land acqmsidon and facilities development. The City would need to
purchase the property or an easement and provide site security, as well as incur
engineenng and constmcnon costs.
d. Water rights. This issue ~s beyond our scope, and we will defer to the City's
attorney.
e. Permitting. A boring or pipehne beneath the river would be expected to requi~e
permitting by the Ca~forma Department of Fish and Game.
f. Geotechmcal Issues. The stabi~ty of the quarry levees and walls is unknown and
would requl~e investigation.
g. A vertical well could be constructed on the property and thus take advantage of
bank £~lLration, but a pipeline beneath the river would still be necessary. Water
produced from a vertical well would I~kely have significandy better quality than
water drawn from the pit and be suitable for successful t~eatment through the
existing WTP processes.
h. NEPA/CEQA environmental documentation for a pipeline would likely be more
involved than for vertical wells on City property.
In summary, a variety of significant issues are present and several alternatives would need
to be more thoroughly evaluated if the City wishes to explore the Granite Construction
Quarry as a water source. Given the urgency of the City's water reliability situation, we
think conventional test wells on City owned property still provide a rapid and cost-
effective approach.
Neighborhood Meeting. As requested, the City has orgamZed and Brown and Caldwell
wiIl present a summary of the test well dr/lling process and impacts at a neighborhood
meeting at the Oak Manor Park site at 5:00 p.m. on February 7. The public comments at
that meeting will be summarized for the Council at its February 7 meeting.
The above findings do not change the recommendations of the Well Siting Study. We look
forward to discussing these £mdmgs with the City Council, and proceeding with the test well
program if the report's recommendations are approved.
Very tsuly yours,
BROWN AND CALDWELL
Martin Steinpress, P.G., C.H.G.
Project Manager; Chief Hydrogeologist
MS:iu
CC:
Candace Horsley, City of Ukiah
Tim Banyai, Brown and Caldwell
B/II Faisst, Brown and Caldwell
ITEM NO: 10b
DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUB.1ECT:
PARTICIPATION AT SECOND 3OINT CITY COUNCIL/BOARD OF
SUPERVISORS UKZAH VALLEY AREA PLAN (UVAP) MEETING
SUMMARY: The Mendocino County Planning Team and UVAP consultants have tentatively
scheduled a second joint meeting with the City Council on Tuesday, April 24, 2007. It will be held
in the evening at the Conference Center and will focus on land use and design alternatives, major
planning issues, development areas, etc. This Agenda Item is intended to determine the Council's
interest and availability in this second joint meeting.
RECOMMENDED ACTION: Determine City Council's availability to attend second joint UVAP
meeting with the Board of Supervisors on April 24, 2007.
ALTERNATI*VE COUNCI'L POLICY OPTION: N/A
Citizen Advised: N/A
Requested by: Mendocino County Planning Team
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments: None
APPROVED: ~::~-~ ~(~"~
Candace Horsley, City Manag~
ITEM NO: lO¢
DATE: Februa~ 7, 2007
AGENDA SUMMARY REPORT
SUB.1ECT: STATUS REPORT - UKI'AH VALLEY AREA PLAN (UVAP)
SUMMARY: The purpose of this agenda item is to provide the City Council with a status report of
the Mendocino County Ukiah Valley Area Plan (UVAP) reassessment project. A number of tasks
have been accomplished over the past several months and others are planned for the Spring. Staff
continues to attend the County Planning Team meetings to participate in program strategy
development.
Planninq Team meetings. The UVAP planning team meets regularly to maintain
communication, hone program strategy, discuss issues, discuss County/City team building,
etc. The team consists of the County Planning Director, County Planning Team staff,
County CAO, County Deputy CAO, County Economic Development Coordinator, County
Council, and City Planning Director.
Focus Group Interviews. The first step in gathering public input was accomplished with a
series of Focus Group interviews during the months of October, November and December
2006. The focus groups consisted of different community members in an attempt to
promote representation from different perspectives.
Community Workshop #1. The County Planning Team and Consultants hosted a
Community Workshop in November 2006. It was open to the general public and drew
approximately 120 people.
City/County Joint Meeting #1. The County Board of Supervisors and Planning Commission
met in joint session with the City Council and City Planning Commission on January 10, 2007
to receive an overview of the program and begin a dialog about issues.
(continued on page 2)
RECOMMENDED ACTION: Receive report
ALTERNATZVE COUNCIL POLICY OPTION: N/A
Citizen Advised: N/A
Requested by: N/A
Prepared by: Charley Stump, Director of Planning and Community Development
Coordinated with: Candace Horsley, City Manager
Attachments: 1. UVAP Illustrated Timeline
APPROVED: ~
Candace Horsley, City M~qager
Community Workshop #2. A second Community Workshop is planned for Saturday, March
10, 2007. The focus will be on analyzing land use and design alternatives. City staff will be
participating in the workshop.
City/County Joint Meetino #2. A second City/County joint meeting is planned for April 24,
2007. The purpose of this meeting will be to review and refine recommendations stemming
from the March 10 Community Workshop on land use and design alternatives.
The second joint City/County meeting will complete Phase 2 (Alternatives Development) of the
work program. Phase 3 involves the development of the Draft Plan and additional community
workshops and meetings.
Meeting materials, products and documents are available on the County Planning Team Website
(www.co.mendocino.ca.us/planningteam). A link to this website from the City of Ukiah website
is being developed.
2
AGENDA
ITEM NO:
MEETING DATE: February 7, 2007
SUMMARY REPORT
SUBJECT: INTRODUCTION AND FIRST READING BY TITLE OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING
ARTICLES I AND 18 OF THE DIVISION 4,CHAPTER 2 OF THE UKIAH CITY CODE,
PERTAINING TO THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER
ORDINANCE AND TO THE REPLACEMENT AND REPAIR OF SEWER LATERALS;
AUTHORIZE A REQUEST FOR PROPOSALS TO QUALIFIED ENGINEERING
CONSULTANTS TO ASSIST PREPARATION OF ADMINISTRATIVE GUIDELINES
AND OTHER SUPPORT SERVICES PERTAINING TO DEVELOPMENT AND
IMPLEMENTATION OF A SANITARY SEWER MANAGEMENT PLAN (SSMP)
In response to a Consent Decree and Order, the City has been working to implement a
Sewer Lateral Inspection Ordinance which includes point-of-sale requirements.
(Continued on pa.qe) 2
RECOMMENDED ACTION:
1. Introduce and conduct the first reading of the proposed Ordinance.
2. Provide direction to staff on additional policy issues not directly addressed in the
proposed Ordinance.
3. Authorize staff to seek proposals for preparation of Administrative Guidelines
and other support services pertaining to development and implementation of a
Sanitary Sewer Management Plan (SSMP).
ALTERNATIVE COUNCIL OPTIONS: Do not introduce the proposed Ordinance and
continue to administer Division 4, Chapter 2, Article 18 of the Municipal Code as
written.
Citizens Advised: North Bay Association of Realtors
Requested by: City Council
Prepared by: Ann Burck, Project Engineer Utilities Department
Mary Grace Pawson, P.E., Winzler & Kelly
Coordinated with: David Rapport, City Attorney/Candace Horsley, City Manager
Attachments: 1. Draft Ordinance of the City Council of the City of Ukiah
Amending Articles 1 and 18 of Division 4, Chapter 2 of the Ukiah
City Code, Pertaining to the Definitions Used in the City of Ukiah
Sewer Ordinance and to the Replacement or Repair of Sewer
Laterals
2. Draft Scope of Services for Engineering Support Related to the
Preparation of a Sanitary Sewer Management Plan (SSMP) for
the City of Ukiah.
Candace Horsley, Cit~Manager
Staff convened a working group with interested members of the community,
representatives of Ukiah Valley Sanitation District and members of both the City
Council and the Board of Directors of the Ukiah Valley Sanitation District to address
issues related to implementing this ordinance. The Council was briefed on the major
issues related to a sewer lateral inspection and repair program in late December 2006.
At that time Council directed staff to make modifications to Division 4, Chapter 2,
Article 18 (Sewer Lateral Testing) in order to facilitate its administration and also to
bring back additional information related to ownership of sewer laterals. In mid-January
2007, the City notified the local real estate community that it would begin enforcing the
inspection requirements, including point-of-sale requirements that are included in
Article 18, as written. The City has deferred enforcing requirements beyond the
inspection requirement until modifications can be made to the Ordinance that facilitate
full implementation.
Staff is asking Council to pursue a two-step process for addressing the full range of
issues discussed in December. Specifically, staff has drafted an ordinance, in
partnership with the Ukiah Valley Sanitation District that works to address some of the
technical issues related to administering a sewer lateral inspection program. These
changes will allow the City to continue to comply with the Consent Decree and Order
while making the sewer lateral inspection and repair program more flexible and
practical to administer. Staff is asking Council to begin the process of adopting this
ordinance.
This proposed ordinance, however, does not address issues related to lateral
ownership, particularly private ownership in the public right-of-way. This particular
public policy issue is complex and could have ramifications on both the sewer
enterprise fund's budget and the recently adopted rate schedule. Specifically, if the
City accepts responsibility for the portion of the sanitary sewer laterals in the public
right-of-way, its liability for repair and replacement could increase by as much as 50%.
Staff is recommending that the Council consider this issue and other issues related to
a comprehensive repair and rehabilitation program as part of developing the Sanitary
Sewer Management Plan (SSMP) required by State Water Resources Control Board
Order No. 2006-0003 DWQ - Statewide General Waste Discharge Requirements for
Sanitary Sewer Systems. The City has filed a Notice of Intent to comply with these
General Requirements and must begin to file information related to program
compliance by late 2007. Using the SSMP process to consider broader issues related
to collection system ownership and maintenance provides two benefits: it allows the
City to maintain the momentum it has developed in the last several months and it
allows this momentum to be focused in the direction of a regulatory mandate,
maximizing the value of the time and money invested.
Staff is requesting that Council authorize a Request for Proposals to qualified
engineering consultants in order to assist with the development of the SSMP and
attendant policy discussions.
Table 1 below, summarizes how each of the issues discussed on December 20, 2006
is proposed to be addressed. Basically three of the issues cannot be addressed
because of the City's existing requirements within the Consent Decree; two of the
issues are proposed to be addressed during the development of the City's SSMP and
five of the issues are addressed by the proposed Ordinance.
Table 1 Surbmary of Issues
Issue
1 A point-of-sale requirement is not as
effective as a geographically targeted
program.
4 Other jurisdictions do not require point-of-
sale inspections.
5 Point-of-Sale Requirements place liability
on realtors that previously did not exist.
How Issue is Addressed
City must implement a point-of-sale
requirement to comply with the Consent
Decree.
2 The existing City policy regarding Developing alternatives to address this
ownership of laterals makes repairs too policy issue will be included in the RFP for
expensive and is unfair, developing an SSMP.
3 The cost of required repairs to private
laterals may be too expensive for some
owners.
6 The permitting requirements outlined in The proposed Ordinance provides for
section 3799 are too burdensome and will development of a Pro-Authorized
delay foal estate transactions. Contractors List to minimize permitting and
7
8
9
10
The existing requirement that all
repairs be completed prior to close
of escrow is unnecessary and could
delay real estate transactions,
Section 3799 could require frequent re-
inspections if property turns over
frequently.
The remodel trigger in section 3799 is tied
to assessed value which is an arbitrary
measure.
Inconsistency between the City's
requirements and requirements of the
Ukiah Valley Sanitation District could
cause confusion and frustrate compliance.
inspection delays.
The proposed Ordinance removes the
requirement that repairs be completed
before close of escrow and provides for
bonding/posting securities.
The proposed Ordinance provides for
Certificates of Lateral Compliance with 10
and 25-year terms. A property with a valid
Certificate of Lateral Compliance does not
need to be inspected again.
The proposed Ordinance modifies the
remodel trigger to a fixed dollar value rather
than a percentage of assessed value.
The proposed Ordinance was drafted in
partnership with the Ukiah Valley Sanitation
District and the two policy documents aro
now very similar.
ATTACHMENT /
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
UKIAH AMENDING ARTICLES 1 AND 18 OF DIVISION 4,
CHAPTER 2 OF THE UKIAH CITY CODE, PERTAINING TO
THE DEFINITIONS USED IN THE CITY OF UKIAH SEWER
ORDINANCE AND TO THE REPLACEMENT OR REPAIR OF
SEWER LATERALS
The City Council of the City of Ukiah hereby ordains as follows:
SECTION ONE. FINDINGS.
1. The City of Uk[ah (City) owns, operates and maintains a sewer collection system within its limits.
2. The Ukiah Valley Sanitation District (District) contracts with the City to operate and maintain the
collection system it owns.
3. The City owns, operates and maintains a sewer treatment plant to treat, recycle and dispose of
wastewater generated within the limits of the City and District.
4. The City's ability to effectively manage its sewer collection system can be affected by the proper
maintenance of private sewer laterals.
5. The City's ability to regulate private sewer laterals is outlined in Division 4, Chapter 2 of the Municipal
Code.
6. The modifications set forth below will facilitate the proper maintenance of private sewer laterals;
SECTION TWO.
Division 4, Chapter 2, Article 1 of the Ukiah City Code is amended to read as follows:
ARTICLE 1. SEWERS AND SANITATION
§ 3700.0: DEFINITIONS
The following definitions apply to this chapter. Terms not defined in this article shall have
their ordinary and common meaning, or if applicable, the meaning set forth in the Uniform
Plumbing Code.
§ 3700.1: APPLICANT DEFINED:
Applicant shall mean a person or entity making application under the previsions of this
division for a permit for a sewer or plumbing application. An applicant shall be the property
owner or an authorized agent of the property owner.
§ 3700,2: BOARD DEFINED:
Board shall mean the Board of Directors of the Ukiah Valley Sanitation District, California.
§ 3700.3: BUILDING LATERAL DEFINED:
1
January 22, 2007
Building lateral shall mean that portion of a sewer lateral beginning at the foundation wall of
any building or industrial facility and running to the property line or to a private sewage
disposal system.
§ 3700.4: CERTIFICATE OF SEWER LATERAL COMPLIANCE DEFINED:
Certificate of Sewer Lateral Compliance shall mean the certificate issued by the Director of
Ukiah Public Utilities or his/her designee certifying that the sewer lateral complies with the
stand.ards set forth in this Chapter. Certificates of Sewer Lateral Compliance shall be varid
for a period of twenty five (25) years for all sewer laterals constructed or repaired after Dec.
31,2006; for sewer laterals that, as a result of inspection occurring after Dec. 31,2006, are
confirmed to meet the current building material standards of the City; and for sewer laterals
meeting the requirements outlined in Section 3799.7 that also meet the current building
standards of the City. Certificates of Sewer Lateral Compliance shall be valid for a period
ten (10) years for sewer laterals that satisfactorily pass inspection occurring after Dec. 31,
2006 or that meet the requirements outlined in Section 3799.Tbut that do not meet the
current building material standards of the City.
§ 3700.5: CITY DEFINED:
City shall mean the City of Ukiah, California.
§ 3700.6: CITY ENGINEER DEFINED:
City Engineer shall mean the City Engineer of the City.
§ 3700.7: CHANGE IN OWNERSHIP DEFINED:
Change in Ownership means a transfer of a present interest in real property, the value of
which is substantially equal to the value of the fee interest, where any consideration is paid
to the grantor for the conveyance or transfer.
§ 3700.8: CONTRACTOR DEFINED:
Contractor shall mean a person or entity duly licensed by the State of California to perform
the type of work to be done under the permit.
§ 3700.9: COUNTY DEFINED:
County shall mean the County of Mendocino, California.
§ 3700.10: DIRECTOR OF PLANNING AND COMMUNITY DEVELOPMENT
Director of Planning and Community Development shall mean the Director of Planning and
Community Development of the City.
§ 3700.11: DIRECTOR OF PUBLIC WORKS DEFINED:
Director of Public Works shall mean the Director of Public Works of the City.
§ 3700.12: DIRECTOR OF UKIAH PUBLIC UTILITIES DEFINED:
2
Janua~ 22,2007
Director of Ukiah Public Utilities shall mean the Director of the Public Utilities Department of
the City. The Director of Ukiah Public Utilities or his/her designee shall perform all duties of
sewer inspector under the terms of this ordinance.
§ 3700.13: DISTRICT DEFINED:
District shall mean the Ukiah Valley Sanitation District, California.
§ 3700.14: DOMESTIC SANITARY SEWAGE DEFINED:
Domestic sanitary sewage shall mean water carried wastes from residences, hotels, motels,
restaurants and business establishments, but excluding all ground water, surface water,
storm water and industrial wastes.
§ 3700.'15: GOOD CAUSE DEFINED:
Good cause shall mean practical difficulties, including interference with the use or safety of
the public right of way, adverse weather conditions, or demonstrated economic hardship.
§ 3700.16: GARBAGE DEFINED:
Garbage shall mean solid waste from the preparation, cooking and dispensing of food and
from the handling, storage and sale of produce.
§ 3700.17: INDUSTRIAL WASTES DEFINED:
Industrial wastes shall mean the wastes of producing, manufacturing and processing
operations of every kind and nature. It shall not include domestic sanitary sewage.
§ 3700.18: MAIN SEWER DEFINED:
Main sewer shalt mean a public sewer designed to accommodate more than one sewer
lateral.
§ 3700.19: MULTIPLE DWELLING DEFINED:
Multiple dwelling shall mean a building or buildings on a single pamel for residential
purposes containing more than one kitchen or having facilities for the occupancy of more
than one family, including, but not limited to, the following: hotels, motels, auto courts, trailer
courts, apartment houses, condominiums, duplex, rooming house, boarding house, guest
house and dormitories.
§ 3700.20: NOTICE TO REPAIR:
Notice to Repair shall mean notice issued by the Director of Ukiah Public Utilities to a
property owner that the property owner is in violation of the City Code with respect to the
property owner's sewer lateral, which order directs the abatement of the violation.
§ 3700.21: OUTSIDE SEWER DEFINED:
Outside sewer shall mean a sanitary sewer beyond the limits of the City not subject to the
control or jurisdiction of City.
3
January 22, 2007
§ 3700.22: PERMIT DEFINED:
Permit shall mean any written authorization required pursuant to this Division or any other
regulation of City for the installation of any sewerage work.
§ 3700.23: PERSON DEFINED:
Person shall mean any human being, individual, firm, company, partnership, association
and private or public or municipal corporations, the United States of America, the State of
California, districts, and all political subdivisions and governmental agencies thereof.
§ 3700.24: PLUMBER DEFINED:
Plumber shall mean a person or entity duly licensed by the State of California to perform the
type of plumbing work to be done under the permit.
§ 3700.25: PRE-AUTHORIZED LIST:
Pre-authorized list shall mean the list of qualified plumbers, contractors, or other inspectors
qualified by training and experience to conduct the required inspections, developed by the
Director of Ukiah Public Utilities that may perform sewer lateral inspections without direct
City oversight, in accordance with the provisions of this chapter.
§ 3700.26: PROPERTY OWNER:
Property owner shall mean the owner of the property as shown on the last equalized
assessment roll or in the records of the Mendocino County Recorder.
§ 3700.27: PUBLIC DISTRICT DEFINED:
Public district shall mean any district organized under the laws of the State of California
which is authorized to engage in and is engaged in collecting and disposing of sewage.
§ 3700.28: PUBLIC PREMISES DEFINED:
Public premises shall mean any premises owned of record by the City of Ukiah, the Ukiah
Valley Sanitation District, the County of Mendocino, the State of California, or the United
States of America.
§ 3700.29: PUBLIC SEWER DEFINED:
Public sewer shall mean a main sewer lying within a street or easement which is maintained
and controlled by or under the jurisdiction of the City and/or the District.
§ 3700.30: QUALITY CHARACTERISTICS AND ANALYSES DEFINED:
Quality characteristics and analyses shall mean as defined in the latest edition of "Standard
Methods for the Examination of Water and Wastewater" published by the American Public
Health Association, or EPA Standard Procedures, and all sample collection, laboratory
procedures of analyses, tests, measurements and data reporting.
§ 3700.31: SANITARY SEWER DEFINED:
4
January 22, 2007
Sanitary sewer shall mean a sewer which carries sewage and to which storm, surface and
ground waters are not intentionally admitted
§ 3700.32: SEWAGE DEFINED:
Sewage shall mean water carried wastes from residences, business buildings, institutions
and industrial establishments.
§ 3700.33: SEWERAGE WORKS DEFINED:
Sewerage works shall mean all facilities owned or controlled by the City except private
sewers, for collecting, pumping, treating and disposing of sewage.
§ 3700.34: SEWER DEFINED:
Sewer shall mean a pipe or conduit for carrying sewage
§ 3700.35: SEWER COLLECTION SYSTEM DEFINED:
Sewer Collection System shall mean the network of public sewers, including main sewers
that transport flow by gravity, main sewers that transport flow under pressure and pumping
stations, which carry sewage to the sewer treatment plant.
§ 3700.36: SEWER LATERAL DEFINED:
Sewer lateral shall mean the sewer line beginning at the foundation wali of any building and
terminating at the main sewer and shall include the building lateral and street lateral
together.
§ 3700.37: SEWER SERVICE UNIT DEFINED:
One sewer service unit is defined as being a single unit of sewer discharge having
characteristics of flow, biochemical oxygen demand (B.O.D.) and suspended solids
equivalent to that generated and discharged by a typical single family residential unit.
§ 3700.38: SEWER TREATMENT PLANT DEFINED:
Sewer treatment plant shall mean the Sewer Treatment Plant owned and operated by the
City.
§ 3700,39: SINGLE-FAMILY UNIT DEFINED:
Single-family unit shall mean and refer to the place of residence for a single-family.
§ 3700.40: STANDARD SPECIFICATIONS DEFINED:
Standard specifications shall mean a set of documents containing design and construction
standards for all sewage works and sewer laterals as adopted by the City/District and as
amended from time to time
§ 3700.41: STATE DEFINED:
5
January22,2007
State shall mean the State of California.
§ 3700.42: STORM SEWER OR DRAIN DEFINED:
Storm sewer or storm drain shall mean a conveyance which carries storm waters, non-
storm surface flows or ground waters and drainage, but in or through which sewage is
prohibited.
§ 3700.43: STORM WATER DEFINED:
Storm water shall mean the water running off or draining from the surface and sub-surface
of an area during and after a period of rain or irrigation.
§ 3700.44: STREETS DEFINED:
Streets shall mean any public highway, street, alley, public place, public easement or right
of way.
§ 3700.45: STREET LATERAL DEFINED:
Street lateral shall mean the portion of a sewer lateral lying within a public street connecting
a building lateral to the main sewer.
SECTION THREE,
Division 4, Chapter 2, Article 18 shall be amended to read as follows:
ARTICLE 18. SEWER LATERAL TESTING
3799.1: PURPOSE, POLICY AND ADMINISTRATION:
A. The purpose of this article is to codify requirements for the testing, repair and
replacement of sewer laterals within the City.
B. It is the policy of the City to reasonably prevent infiltration, exfiltration and better protect
the Sewer Treatment Plant and the environment by requiring a reasonable program of
testing, and if necessary repair and replacement, of private sewer laterals.
C. The Director of Ukiah Public Utilities shall administer these requirements and has the
authority to alter or waive the requirements prescribed in this Article 18, if such
requirements are impractical, because of the nature or physical location of the sewer lateral.
D. Administrative Guidelines for Inspections
Within ninety (90) days of the adoption of the Ordinance enacting this article, the Director of
Ukiah Public Utilities shall prepare and promulgate the public administrative guidelines
which shall, among other things, establish the following:
1. A certification program for licensed plumbers, contractors and other qualified inspectors
who will be placed on the Pre-Authorized List and the basis for obtaining and maintaining
such a certification or for decertification;
6
January 22,2007
2. Standard Inspection Report Forms and Guidelines for completing and using Sewer
Lateral Inspection Reports;
3. A standard Notice to Repair and enforcement procedures for repair and replacements;
4. A standard Certificate of Sewer Lateral Compliance.
3799.2: APPLICABILITY:
A. This Adicle shall apply to property located within the City and to property which is located
outside the boundaries of both the City and the District which are served by the City Sewer
Treatment Plant or the City's sewer mains.
B. This Article shall not apply to properties located within the District or within both the City
and the District, if the District has adopted a sewer lateral inspection program that complies
with the Consent Decree in River Watch v. City of Ukiah and Ukiah Valley Sanitation
District, U.S.Dist. Ct., N.D. Cal., C04 4518 CW.
C. All sewer laterals that have been repaired or replaced, including gravity and pressure
laterals, shall be tested in accordance with the applicable provisions the provisions of this
adicle. No person constructing, repairing or replacing a sewer lateral, shall use that lateral
to introduce sewage into the public sewer until the person has complied with sections
3799.3 through 3799.6 of this adicle, as appropriate.
D. All sewer laterals connected to the public sewer, including sewer laterals serving
residential, multi-family residential, commercial or industrial uses, shall be cleaned and
tested in accordance with the appropriate provisions of section 3799.3 through 3799.6 of
this article, upon the occurrence of any of the following, unless a valid Certificate of Sewer
Lateral Compliance is on file with the City:
1. Application for a new connection to the sewer collection system; or
2. Application for a building permit for a remodel on the property served, where the cost of
the improvements exceeds $50,000 in 2007 dollars and adjusted every year for inflation,
the inflation adjustment to be prescribed by resolution of the City Council; or
3. Application for a building or plumbing permit to install additional toilet facilities on the
property served; or
4. Application for a change of use on the property served from residential to commercial, or
from non-restaurant commercial to restaurant commercial; or
5. In connection with a change of ownership of property served and prior to the recordation
of any deed or other conveyance document; or
6. In conjunction with any repair or replacement of the main sewer to which the sewer
lateral is connected; or
7. The determination of the Director of Ukiah Public Utilities that the cleaning and testing is
required for the protection of the public health, safety and welfare.
7
January22,2007
E. No existing sewer lateral shall be allowed to remain connected to the public sewer for
more than 6 months after failing to pass a test as specified in section 3799.3 of this article
or the posting of security, as provided in Section 3799.5.C.2 and 3, whichever is later.
3799.3 APPROVED TESTING METHODS
Testing and inspection of the sewer lateral shall be conducted using one or more of the
following methods as allowed by and in accordance with standards adopted by the Director
of Ukiah Public Utilities:
1. Visual inspection.
2. TV inspection.
3. Smoke testing.
4. Flow monitoring.
5. Air pressure testing.
6. Exfiltration testing.
7. Other similar inspection or testing methods as approved by the Director of Ukiah Public
Utilities.
3799.4: REQUIREMENTS FOR NEW CONNECTIONS, REMODELS, INSTALLATION OF
ADDITIONAL TOILETS AND CHANGE OF USE
A. Testing Procedure:
1. Testing shall be performed by a licensed plumber, contractor, or other person who
possesses any license required by law, if any, to perform the test, and who is determined by
the Director of Public Utilities to be qualified to perform the test based on training and
experience.
2. Permits and Inspection. Testing shall not commence without a valid permit issued by the
City and testing may be witnessed by the Director of Ukiah Public Utilities or his/her
designee.
3. Access. Access to the sewer lines to be tested and conditions necessary to conduct the
test shall be made ready prior to scheduling a sewer lateral test.
B. Failure of Test and Requirement for Repair: It shall be the responsibility of the property
owner to repair and/or replace any sewer lateral which has been found through testing
and/or inspection to exhibit conditions which would permit infiltration to enter the sewer
system. Upon completion of the repair and/or replacement of the sewer lateral, re-
inspections shall be conducted until the sewer lateral passes the required test.
C. Certificate of Sewer Lateral Compliance:
Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah
Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance
8
January22,2007
which shall be filed with both the Director of Ukiah Public Utilities, the Director of Planning
and Community Development, and to the extent authorize by law, with the Mendocino
County Recorder.
D. Role of the Director of Planning and Community Development
The Director of Planning and Community Development and the Director of Ukiah Public
Utilities, in consultation with each other, are hereby authorized to take the actions
necessary to implement this section through the building permit process and to integrate its
implementation with the requirements of the Uniform Plumbing Code.
3799.5 REQUIREMENTS FOR SEWER LATERALS UPON CHANGE OF OWNERSHIP
A. Requirement to Disclose:
The seller of any real property shall be responsible for disclosing to prospective purchasers
the requirements of this article and whether or not a valid Certificate of Sewer Lateral
Compliance has been filed for the property.
B. Testing Procedure:
1. Testing may be performed in accordance with the requirements of section 3799.4(A) or in
accordance with the alternative procedure outlined below.
2. Alternative Procedure for Testing and Inspection
a. TV Inspections of sewer laterals may be performed by a licensed plumber, contractor or
other person who has been placed on a Pre-Authorized List as a result of presenting
qualifications, bonding and insurance that satisfy the requirements of the Director of Ukiah
Public Utilities, without the need for onsite inspection by the City.
b. This Alternative Testing and Inspection Procedure shall require a permit issued by the
Director of Ukiah Public Utilities.
c. Upon completion of the TV Inspection, the licensed plumber, contractor or other
approved inspector shall provide a copy of the TV Inspection to the Director of Ukiah Public
Utilities for review.
d. The Director of Ukiah Public Utilities or his/her designee shall review the TV Inspection
and issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair. Any deed
or other conveyance document required for the change of ownership shall not be recorded
with the Mendocino County Recorder until the Director of Ukiah Public Utilities issues a
Certificate of Sewer Lateral Compliance or security is provided in accordance with
subsection C.2 below.
C. Failure of Test and Requirement for Repair: It shall be the responsibility of the property
owner to repair and/or replace any sewer lateral which has been found through testing
and/or inspection to exhibit conditions which would permit infiltration to enter the sewer
system. Upon completion of the repair and/or replacement of the sewer lateral, re-
inspections shall be conducted until the sewer lateral passes the required test.
1. All repair or replacement work shall be completed by a person properly licensed to
perform the work, including a licensed plumber and/or contractor and shall be completed
9
January22,2007
under all appropriate permits from the City including, as appropriate, building and
encroachment permits.
2. Except for escrows involving a change of ownership which opened on or after January
13, 2007, and which close before March 19, 2007 ("Transition Escrows"), repair or
replacement work shall be completed prior to the recordation of any deed or other
conveyance document unless the properly owner provides the City with a bond, cash
deposit, letter of credit or other security that the City may utilize to affect the required
repairs, or evidence, satisfactory to the Director of Ukiah Public Utilities, that an amount
sufficient to make the required repairs has been retained in escrow with an escrow
instruction, signed by the buyer and seller, requiring the necessary repairs to be completed
within six (6) months of the initial inspection, and authorizing the City to utilize the funds for
that purpose, if the repairs are not made within the required time. In the absence of a
contractor's bid to perform the work for a specified sum, the security provided shall be for
the following amounts (in 2007 dollars) that may be adjusted annually for inflation, the
inflation adjustment to be established by City Council resolution.
a. For repairs to the building lateral at depths less than four (4) feet - $1,000
b. For repairs to the building lateral at depths greater than four (4) feet - $2,000
c. For repairs to the street lateral, at depths less than four (4) feet, and where the main
sewer is within thirty (30) feet of the property line - $5,000
d. For repairs to the street lateral, at depths greater than four (4) feet and where the main
sewer is within thirty (30) feet of the property line - $10,000
e. For repairs to the street lateral where the main sewer is in excess of thirty (30) feet of the
property line - $15,000
3. Sewer laterals for property subject to a change of ownership as a result of a Transition
Escrow shall be repaired by April 30, 2007, unless security is provided in accordance with
subsection 2, above,
4. If the property owner provides the City with security in lieu of repaim, all repairs must be
completed within six (6) months of the date such security is provided, unless, for good
cause shown, an extension of time not exceeding 90 calendar days is granted by the
Director of Ukiah Public Utilities.
5. If the repair is not completed within the required time period including any time
extensions granted, the City shall utilize the security to complete the required repairs. If the
cost of the required repairs exceeds the available security, the City may add a surcharge
onto the utility account until the additional costs are recovered over a period not to exceed
five (5) years.
D. Certificate of Sewer Lateral Compliance:
Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah
Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance
which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and
Community Development and, to the extent authorized by law, the Mendocino County
Recorder.
10
January22,2007
E. Exceptions. This section shall not apply to:
1. Any common interest development where the sewer laterals are owned in common by a
homeowner association or other similar entity;
2. Any inter-family transfers, trust transfers or transfers via inheritance;
F. Role of the Director of Planning and Community Development and the Director of Public
Works
The Director of Planning and Community Development and the Director of Public Works are
hereby authorized to take the actions necessary to implement this section through the
building and encroachment permit process.
3799.6 REQUIREMENTS FOR SEWER LATERALS UPON REPAIR OR REPLACEMENT
OF THE PUBLIC SEWER MAIN OR UPON DETERMINATION OF THE DIRECTOR OF
UKIAH PUBLIC UTILITIES.
A. Testing Procedure: Testing may be performed in accordance with the requirements of
section 3799.4(A), section 3799.5 (B) or, if authorized by City Council resolution, testing
may be performed by the City in conjunction with its repair and replacement work. Upon
completion of the testing, the Director of Ukiah Public Utilities of his/her designee shall
issue either a Certificate of Sewer Lateral Compliance or a Notice to Repair
B. Failure of Test and Requirement for Repair: It shall be the responsibility of the properly
owner to repair and/or replace any sewer lateral which has been found through testing
and/or inspection to exhibit conditions which would permit infiltration to enter the sewer
system. Upon completion of the repair and/or replacement of the sewer lateral, re-
inspections shall be conducted until the sewer lateral passes the required test.
1. All repair or replacement work shall be completed by a person properly licensed to
perform the work, including licensed plumber and/or contractor and shall be completed
under all appropriate permits from the City including, as appropriate, building and
encroachment permits.
2. All repairs must be completed within six (6) months unless, for good cause shown, an
extension is granted by the Director of Ukiah Public Utilities, not to exceed 90 calendar
days.
3. If repair is not completed within the required time period, the City shall complete the
required repairs and may add a surcharge onto the property's utility account until the costs
are recovered in not more than five (5) years.
4. The City Council may, by Resolution, prescribe alternative procedures, by which the
repair or replacement work shall be performed including, but not limited to, the degree to
which the City shall offer to perform all or a portion of the work or contribute towards the
cost of the work.
C. Certificate of Sewer Lateral Compliance:
Once the sewer lateral has successfully passed the testing procedure, the Director of Ukiah
Public Utilities or his/her designee shall execute a Certificate of Sewer Lateral Compliance
which shall be filed with the Director of Ukiah Public Utilities, the Director of Planning and
11
January 22,2007
Community Development and to the extent authorized by law, the Mendocino County
Recorder.
3799.7 CERTIFICATE OF SEWER LATERAL COMPLIANCE WITHOUT INSPECTION.
A Property Owner may apply for and the Director of Ukiah Public Utilities of his/her
designee may issue a Certificate of Sewer Lateral Compliance without inspection under the
following circumstances:
1. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public
Utilities, that the building on the property is ten (10) years old or less; or
2. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public
Utilities, that the sewer lateral was repaired or replaced and passed inspection within the
previous ten (10) years; or
3. The Property Owner provides evidence, satisfactory to the Director of Ukiah Public
Utilities, that the lateral has passed an inspection within the past five (5) years.
In such cases, the Director of Ukiah Public Utilities or his/her designee shall execute a
Certificate of Sewer Lateral Compliance which shall be filed with the Director of Ukiah
Public Utilities, the Director of Planning and Community Development, and to the extent
authorized by law, the Mendocino County Recorder.
3799.8 FEES
The City Council may establish fees by Resolution for administration of this Article.
SECTION FOUR. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it should have adopted the Ordinance
and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact
that any one or more sections subsections, sentences, clauses or phrases be declared
unconstitutional.
SECTION FIVE. CEQA.
This Ordinance is exempt from the California Environmental Quality Act under Public
Resources Code Sections 21065 and 21080(b) (8).
SECTION SiX. EFFECTIVE DATE.
This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall
be published and posted as required by law.
Introduced by title only on
,2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
12
January22,2007
Adop~don
AYES:
NOES:
ABSENT:
ABSTAIN:
,2007, by the following roll call vote:
Marl Rodin, Mayor
ATTEST:
Gall Petersen, City Clerk
13
Janua~ 22,2007
ATTACHMENT~-~
Draft
Scope of Services
Engineering Support Related to the Preparation of a
Sanitary Sewer Management Plan
For the City of Ukiah
Section I Introduction
The City of Ukiah (City) is a full-service city maintaining water, sewer and electric utility
service to its population of over 15,500. The City's water recycling plant serves both the
City and the unincorporated Ukiah Valley Sanitation District. The City, by agreement,
also provides collection system operation and maintenance services for the Ukiah Valley
Sanitation District.
In early 2006, the City and the Ukiah Valley Sanitation District entered into a Consent
Decree and Order with Northern California River Watch. Among the Consent Decree's
requirements was a commitment by the City to require sewer lateral inspection at point-
of-sale and in conjunction with sewer main repair or replacement. In late 2006, the City
convened a working group of stakeholders including members of the real estate
community, construction community, staff from the city and the Ukiah Valley Sanitation
District and elected decision-makers from the City and the Ukiah Valley Sanitation
District. This group developed an Ordinance, adopted in similar form by the City and the
Ukiah Valley Sanitation District, which complies with the requirements of the Consent
Decree and Order. However, the working group raised a number of issues related to the
operation and maintenance of the collection system, programmatic control of infiltration,
inflow and sanitary sewer overflows and private versus public ownership of sewer
laterals. As a result of this work, the Ukiah City Council has expressed a desire to
continue developing a robust sanitary sewer collection system maintenance program and
to develop policies that fairly allocate the costs of such a program amongst private
property owners and the rate base at large.
In addition to this locally driven effort, the City is subject to State Water Resources
Control Board Order No. 2006-0003-DWQ (the Statewide General Waste Discharge
Requirements for Sanitary Sewer Systems or GWDRs) which requires it to systematically
develop a Sanitary Sewer Management Plan (SSMP) by August 2009. The first elements
of this SSMP are due in May 2007.
City of Ukiah 1
Draft Scope of Services for Engineering Support
The local efforts to develop policies and programs for collection system management
provide a strong starting point for preparing the SSMP. Therefore the City is requesting
proposals from qualified consultants to assist it in developing a range of programmatic
deliverables that will allow it comply with the GWDRs while addressing a variety of
issues related to the implementation of its local Ordinance.
Section 2 Proposal Requirements
Interested consultants should submit five (5) copies of their proposal to:
Ms. Ann Burck
Project Engineer
City of Ukiah Utilities Department
300 Seminary Avenue
Ukiah, CA 95482
Proposals are limited to 25 pages, not including resumes and the separately bound fee
proposal. Proposals are due by 5 pm on March 7, 2006.
The format of the proposal should generally follow the outline below.
· Cover Letter: Provide a cover which includes the main point of contact for your
firm.
Section 1 Project Team: Describe the qualifications of your firm and project team
members. Include an organization chart. Professional resumes may be included in
the appendix.
Section 2 Project Experience: Provide up to five examples of your firm's relevant
experience developing programmatic management plans and policies for public
agencies. Include client agency name, contact, phone number and address.
Section 3 Project Approach and Scope of Services: Provide an overview of your
proposed approach to the scope of services described in Section 3, below. Provide
a task-based listing of your proposed scope.
Section 4 SSMP Development Plan and Schedule: Based on your proposed scope
of services, provide a task-based schedule for developing the SSMP. This section
of the proposal shall be suitable for submission to the State Water Resources
Control Board.
Section 5 Standard Agreement for Consulting Services: the City's Standard
Agreement for Consulting Services is attached. Please provide any comments on
or requested modifications to this standard agreement.
City of Ukiah 2
Draft Scope of Services for Engineering Support
Separately Bound Fee Estimate: In a separately sealed envelope, please provide a
level-of-effort estimate for completing the Phase 1 Scope of Services. Based on
the success of Phase 1 and the City's on-going CCTV Program, the City may
negotiate with the selected consultant to provide assistance with developing the
remainder of the SSMP
Scope of Services
The City envisions a three phases Scope of Work for SSMP compliance which
correspond with the schedule outlined in the GWDRs and the City's needs with respect to
its local ordinance.
The Objectives for the first phase are: · Completing the work necessaryto fullyhnplement its Sewer Lateral Testing
Ordinance;
· Developing additional information related to the financial impacts of its Sewer
Later Ownership Policy;
· Quantify how well it is currently positioned to comply with the GWDRS; and
· Identify any policy, procedure and program that will need to be developed and or
enhanced to achieve compliance.
Phase one will entail review of all relevant documents, development of administrative
guidelines for the Sewer Later Testing ordinance, audit of current works practices against
each element of the SSMP Monitoring and Reporting Program, recommendation of new
or enhanced policies, procedures and programs and preparation of SSMP development
plan outline.
phase 1
Task 1 - Kickoff Meeting
Facilitate a kickoff meeting in order to develop an understanding of staff's needs in the
Administrative Guidance Document and to provide an overview of new State Water
Resources Control Board's WDR, SSMP and monitoring and reporting program (MRP)
requirements. Confirm project schedule and calendar activities and meetings. Establish
who is responsible to provide specific documents and data, as well as coordinate any site
visits deemed necessary to verify that standard operating procedures (SOP) such as
operation, maintenance; inspection/condition assessment and SSO response are being
adhered too in the field.
Deliverable:
Kickoff meeting
Meeting minutes, action items and project schedule
City of Ukiah 3
Draft Scope of Services for Engineering Support
Task 2 - Preparedness Audit
a. Collect policies procedures and program documents for comparisons against
SSMP tasks and MRP requirements.
b. Contact by phone and or meet one-on-one with agency personnel for
clarification on documents, assessment information, and data as needed.
c. Evaluate existing program documents, work practices and data related to the
SSMP elements and verify those practices that are currently in compliance
and those that will need to be enhanced to achieve WDR SSMP compliance.
d. Site visits as needed.
Deliverable:
Meetings and one-on-one interviews
Site visits and summery report
Task 3 Develop Goals and an Organization Chart for the Program (Completion
Date May 1, 2007).
a. Based on preparedness audit, convene and facilitate up to three meetings with
staff and a subcommittee of the City Council to develop the goals and objectives
for the program and the organization chart for the Program. This effort should
include review of the city's Sewer Later Inspection Ordinance to assure that roles
and responsibilities of staff outside of the Ukiah Utilities Department are
addressed.
b. Develop presentation for City Council providing an overview of the goals and
objectives.
c. Coordinate submission of goal and objectives to SWRCB.
Deliverable:
Meeting Minutes
Powerpoint Presentation for Council
Program Goals and Objectives
Task 4 - SSMP Development Plan Outline including recommended Improvements
Recommend polices, procedures and programs to achieve compliance with the WDR
SSMP and MRP where compliance gaps were identified in the preparedness audit.
Prepare SSMP development plan outline. Finalize SSMP Development Plan and
Schedule for submission to the SWRCB.
Deliverable:
Recommendation report
SSMP development plan outline
City of Ukiah 4
Draft Scope of Services for Engineering Support
Task 5 Develop Administrative Guidelines for implementing the Sewer Lateral
Inspection Ordinance (Completion Date May 21, 2007).
a. Review Sewer Lateral Inspection Ordinance and prepare a flow chart of the
procedures outlined in the Ordinance for the various inspection and repair
procedures described therein. Review flow charts with staff.
b. Develop a matrix of forms necessary to implement the Sewer Lateral
Inspection Ordinance. Review matrix with staff and collect existing City
forms. Develop draft and final forms for use by City.
c. Develop draft procedures for a contractor self-certification program for
inspections. Review with staff and finalize procedures.
d. Develop outreach materials for contractors regarding the self-certification
program. Work with staff to electronically post information on the City's web
site.
e. Develop and review with staff standard criteria for reviewing TV inspection
tapes of sewer laterals.
fi Develop outreach materials for the public regarding the Sewer Lateral
Inspection Program. Work with staff to electronically post information on the
City's web site.
g. Develop one informational mailer, for inclusion with the utility bills that
outlines the Sewer Lateral Inspection Program. Work with staff to
electronically post information on the City's web site.
h. Codify ali material in an Administrative Guidelines Document. Provide one
training session for staff. Work with City to electronically post Administrative
Guidelines on the City's web site.
Deliverable:
Administrative Guidelines Document in hard copy and electronic form
Task 6 Facilitate the review of the Sewer Lateral Ownership Policy (Completion
Date October 1, 2007)
a. Review the matrix of lateral ownership policies developed to by City staff and
select up to four (4) model programs for in-depth review.
b. Working with staff and Council subcommittee, develop a set of criteria by which
the Council will evaluate various alternatives for managing the ownership,
inspection and repair of sewer laterals within the public right-of-way. Criteria
may include but are not limited to:
a. Cost
b. Liability
c. Operations and Maintenance Demands
d. Effectiveness in reducing I/I
e. Predictability for budgeting purposes
f. Equity for private property owners
g. Impact on the Sewer Rate Structure
c. Based on model program review and input from staff and Council subcommittee,
develop up to five (5) alternative programs for managing the ownership,
City of Ukiah 5
Draft Scope of Services for Engineering Support
inspection and repair of sewer laterals within the public right-of-way and review
with staff. Alternatives may include but are not limited to:
a. No change to existing policy
b. A City-sponsored loan program for lateral repair
c. A City-sponsored grant program for lateral repair
d. City acceptance of laterals within the public right-of-way under specified
circumstances
d. Based on staff comments develop an estimated budget and multi-year cash-flow
requirements for each program alternative, based on the number of sewer laterals
in the City. Review cash flow requirements against anticipated rate revenue and
identify potential funding gaps.
e. Develop a Technical Memorandum summarizing the alternatives and cash flow
analysis for review by staff. Modify Technical Memorandum based on staff
comments and review with Council Subcommittee.
f. Prepare a presentation for City Council on alternative programs.
Deliverable:
Technical Memorandum on Alternatives
Powerpoint Presentation for Council
City of Ukiah 6
Draft Scope of Services for Engineering Support
AGENDA
ITEM NO: 11a
MEETING DATE: February 7, 2007
SUMMARY REPORT
SUBJECT:
DISCUSSION AND POSSIBLE ACTION ON INLAND WATER AND
POWER COMMISSION ISSUES INCLUDING MEMBERSHIP IN
RUSSIAN RIVER WATERSHED ASSOCIATION, MATCHING FUNDS
FOR COYOTE DAM AND ALTERNATIVE WATER SOURCES --
BALDWIN
SUMMARY: Councilmember Baldwin has requested a discussion and possible action
on several Inland Water and Power Commission (IWPC) issues:
1. Discussion/direction on continued IWPC membership in Russian River
Watershed Association (RRWA).
IWPC joined the RRWA at the same time as the City of Ukiah. The City actually has bNO
memberships; one of their own and one through IWPC. The cost for the membership
has increased for this next fiscal year for IWPC to $12,000, which equates to $3000 per
member agency. Councilmember Baldwin will be discussing the issues related to this
membership at the meeting.
2. Local match funding for the Army Corp of Engineers Coyote Dam
Feasibility Study for '07.
Provided for the Council on Attachment #1, is an e-mail from Dave Doke, the Project
Manager for the Coyote Dam Coyote Feasibility Study to Janet Pauli, Chair of the IWPC.
The Corp has submitted a work plan to the Congress Appropriations Committee for an
allocation of $300,000 toward the Coyote Dam Feasibility Study for the '07 Fiscal Year.
Doke is requesting IWPC, as sponsor, for a commitment of our matching $300,000.
Based on the four current members of IWPC, the $300,000 would equal $75,000 per
member agency. The Board of Supervisors has an item on their February 6 agenda to
RECOMMENDED ACT:ION: Discussion and direction regarding membership in
the Russian River Watershed Association, local match funding for the Coyote
Dam Feasibility Study and research into alternative valley water sources.
ALTERNA-F[VE COUNCIL POLICY OPTIONS: N/A
Requested by:
Coordinated with:
Prepared by:
Attachments:
Councilmember Baldwin
Janet Pauli, IWPC Chair
Candace Horsley, City Manager
1. Email from Corp of Engineers
2. Page from BOS Feb. 6, 2007 agenda
Approved:
i_~_ -
Candace H~ager
discuss rejoining IWPC. If the County did join, the IWPC would have five members
which would equate to a matching commitment of $60,000 per member. Mr. Doke also
mentions in the letter that the Corp would be asking for $1.25 million in the '08 Fiscal
Year budget, however; staff has just received information that this request has been
reduced to $500,000. _lanet Pauli will be available at the meeting to provide addition
information and to answer questions from the Council.
3. Discussion of alternative valley water sources and water sites.
Councilmember Baldwin will be presenting an oral presentation on this item at the
meeting.
Attachment
Letter from David Doak, Army Corp of Engineers to Janet Pauti, IWPC Chair
From: Doak, David V SPN
Subject: Coyote Dam Funding for FY07 and FY08
Janet,
As you are aware, the Federal Government has yet to pass a budget for FY07. We
have been operating under a Continuing Resolution Authority (CRA) since October 1,
2006. The appropriations committees and Congress will reconvene in mid February and
attempt to resolve the budget for the remainder of the year under a "Joint Resolution".
Currently, the Coyote Dam project is not funded in FY07 in any of the three budget
committee reports which are; the President's, the Senate's, and the House of
Representative's. However, under a "Joint Resolution", a project which did not appear in
any budget committee report may still be eligible to receive funding this FY provided the
project is included in a "Work Plan" that is submitted to the Joint Committees for
approval. This "Joint Resolution" of the Federal budget is unprecedented and all of the
details have not been fully disclosed but, this is what we currently know; a '¥Vork Plan"
will be the basis for the Corps' FY07 budget and the Joint Resolution Committees will
revue it and make sure that there are no new project starts included. There may also be
some language that limits the funding on any particular project to the amount that was
appropriated in the previous FY, but other than that, they may not make any changes to
the Corps' '¥Vork Plan". At this point, the San Francisco District has submitted a Work
Plan for the District that includes Coyote Dam at $300,000. It is uncertain if Coyote Dam
will be included in the final Work Plan when evaluated against all other General
Investigation projects nationally, or if Coyote Dam is included, whether or not the entire
$300,000 will be appropriated to the project. The final Joint Resolution budget may not
be passed until as late as June 2007, however the MCIWPC should be prepared to
provide matching contributing funds as soon as possible after the budget has been
passed, to ensure that the project has a chance to expend those funds efficiently before
the end of the FY.
We are also trying to plan the FY08 budget and we would like you as the sponsor to tell
us if you are able to meet the Project Management Plan schedule for the Feasibility
Study, and contribute up $1,250,000. This is what the District currently has requested in
the Draft FY 08 Budget. If you do not believe that you could provide the matching funds,
please inform us what figure you would have the greatest confidence in being able to
provide for FY08. The District will need to submit our FY08 budget by January 30 and
we are hopeful that you will be able to provide us with your figure by then.
Please let me know if you need any more information to present to the MCIWPC.
Thanks,
Dave
Affachment #. '~;~...~
OBOARD OF SUPERVISORS AGENDA - FEBRUARY 6, 2007
PAGE 3 OF 8
ITEM NO. 7 - DEPARTMENTAL MATTERS AND REPORTS
(a) Department of Transportation - Director's Report
(b) Discussion and Possible Action Regarding Bids Received for the Jail Booking Renovation
Project - Sponsor: General Services Agency/Buildings & Grounds
(c) Discussion and Possible Action Including Adoption of Resolution Amending the Position
Allocation Table for Clerk of the Board, Budget Unit 1010, as Follows: Addition of Office
Administrator (1.0 FTE) - Sponsor: Human Resources/Clerk of the Board
ITEM NO. 8 - COMMITTEE REPORTS/SUPERVISORS REPORTS
(a)
(b)
Supervisors Reports
Discussion and Possible Action to Authorize County Counsel and the County Executive Office
Staff to Develop a Draft Ordinance Regarding Illegal Disposal of Refuse in the Unincorporated
Area of the County of Mendocino - Sponsor: Supervisor Delbar
Discussion and Possible Action Regarding the Mendocino County Water Agency Re-
Establishing Membership in the Mendocino County Inland Water and Power Commission -
Sponsor: Supervisor Delbar
ITEM NO. 9 - MISCELLANEOUS
ITEM NO. 10 - COUNTY COUNSEL
(a) Introduction and Waive the Reading of an Ordinance Amending Chapter 5.04 to the
Mendocino County Code Relative to Presentation of Claims
ITEM NO. 11 - M ENDOCINO COUNTY AIR QUALITY MANAGEMENT DISTRICT, MENDOCINO COUNTY P UBUC
FACILITIES CORPORATION, MENDOClNO COUNTY WATER AGENCY, MENDOClNO COUNTY LIBRARY
DISTRICT, REDEVELOPMENT AGENCY OF THE COUNTY OF MENDOClNO, AND THE IHSS PUBLIC AUTHORITY
GOVERNING BOARD
ITEM NO. 12 - APPOINTMENTS TO BOARDS AND COMMISSIONS
The Board of Supervisors is actively seeking qualified candidates to fill the following vacancies. Please consult with the Clerk oJ the Board
for information on specific categorical areas and District vacancies, or visit our websitc at: vavw.co.mendocino.ca, us/bos
(a) Policy Council on Children and Youth/PCCY Child Abuse Prevention Commission (9)
(b) Commission on the Status of Women (12)
(c) Building Appeals Board (6)
(d) Mental Health Board (8)
(e) Workforce Investment Board (7)
(f) Air Quality Management District Hearing Board (10)
(g) Child Care Planning Council (1)
(h) Public Health Advisory Board (7)
(i) Alcohol and Drug Abuse Advisory Board (5)
(j) Cemetery District of Fish Rock (3)
(k) Investment Oversight Committee (3)
(I) Mendocino County Forest Council (4)
(m) Anderson Valley Cemetery District (5)
(n) Laytonville Area Municipal Advisory Council (2)
(o) Community Development Commission (1)
(p) Grievance Appeals Committee (3)
(q) Health Planning Council (2)
(r) First 5 - Children and Families First Commission (7)
(s) Youth Council of the Workforce Investment Board (11)
ITEM NO: tlb
MEETING DATE: February 7, 2007
AGENDA SUMMARY REPORT
SUBJECT: ADOPTION OF THE CITY OF UKIAH'S MULTI-HAZARD
EMERGENCY RESPONSE PLAN
The City of Ukiah Multi Hazard Emergency Plan identifies the City's emergency planning
responsibilities, organization, policies procedures and response to extraordinary emergency
situations associated with natural disasters, civil unrest, technological incidents and national
security emergencies. In recognition of the fact that most emergencies don't recognize
jurisdictional boundaries, this plan also addresses integration of the emergency response
effort with other levels of government.
The Emergency Plan accomplishes the following:
Establishes the emergency management organization required to mitigate significant
emergencies or disasters affecting the operational area (the City).
Identifies the responsibilities, policies and procedures required to protect the health
and safety of the citizens and visitors of Ukiah, public and private property, and the
environment from emergencies or disasters.
Establishes the operational concepts and procedures associated with increased
readiness, field response, operations of the Emergency Operations Center, and the
recovery process.
The Plan is based on the principles of the California Emergency Management System
(SEMS), the California Incident Command System (ICS) and the National Incident
Management System (NIMS) and, is a requirement of the Ukiah Municipal Code Div. 6,
Chapter 2. This Code also requires approval of the Plan by the City Council.
A copy of the Plan has been provided to Council in advance of the Council meeting. A copy
is also available for public viewing at the Civic Center, 300 Seminary Avenue, Ukiah,
California or by contacting the City Clerk at 463-6213.
RECOMMENDED ACTION: Adopt the City of Ukiah Multi-Hazard Emergency
Response Plan.
ALTERNATIVE COUNCIL OPTIONS: Refer back to staff
Requested by: Tony Clarabut, Fire Chief
Prepared by: Tony Clarabut, Fire Chief
Coordinated with: Candace Horsley, City Manager
Attachments: City of Ukiah Multi-Hazard Emer.qency Response Plan
Approved:
Candace Horsley, City'M_~,nager
The Attachment
City of Ukiah's Multi-Hazard Emergency Response Plan
is too voluminous to post.
It may be viewed at the City of Ukiah
City Hall
300 Seminary Avenue
Ukiah, CA
AGENDA
ITEM NO: 11c
MEETING DATE: February 7, 2007
SUMMARY REPORT
SUB3ECT: Discussion of Goal Setting Workshops Dates and Strategic Planning
Process for City Council
Staff is in the process of developing goals for each department as part of the annual
budget process. The Council had previously expressed their intention of holding a
workshop in February with staff to go over these goals and to provide direction for the
budget planning process. In addition, Council would hold a goal priority session after the
departmental workshop, to set Council goals in place for the coming fiscal year. Staff is
requesting Council to discuss and select specific dates for these two meetings.
At the last Council meeting, Mayor Rodin spoke to the Council about initiating a strategic
planning process for the City Council. The Mayor has provided the following information
for Councils discussion:
City Councils commonly undertake strategic planning to develop a mid-range (2-5 year)
agenda that will guide all initiatives and service delivery activities within their cities. The
purpose of a strategic plan is to explain to ourselves, the public, and City staff what we
want to achieve for Ukiah and what the City can contribute to make this happen. Toronto,
Dallas and Davis are three well-known cities that have strategic plans which can easily be
reviewed at their websites on the internet: (http:llwww.toronto.calstrate,qic plan/index.htm
and http:llwww.dallascityhall.comlcouncil briefin.qs/retreat2007/strateqic 011207.pdf).
Continued on pa.qe 2
RECOMMENDED ACTION: Appoint a subcommittee that will select a facilitator
and plan a strategic planning workshop.
ALTERNATIVE COUNCIL OPTIONS:
Requested by:
Prepared by:
Coordinated with:
Attachments:
Mayor Rodin and City Manager Horsley
Candace Horsley, City Manager
1. Email from Davis Councilmember Saylor
2. City of Davis strateqic plan document
Approved:'
Candace H orsley, Cify~.Ma n age r
The benefits of strategic planning are the following: · It will give council members the opportunity to have focused, concentrated
discussion about issues we want the City to address;
· It will result in a set of goals that will provide cohesive guidance to staff in
prioritizing and planning projects;
· It will assist our new city manager in assuming a leadership role by providing
him/her a direction in which to lead;
· It will integrate a multitude of planning efforts under one city-wide plan;
· It will clarify for citizens what they can expect from city government;
· It will keep council members and staff focused on what is most important in day-to-
day decision-making; and
· In the future, it will help us allocate resources in a way that is consistent with the
city's long-term goals.
I have had several discussions with Davis council member Don Saylor about the strategic
planning that his council has been involved with since May 2004. He sent me a detailed
message about Davis' experience and his recommendations about undertaking strategic
planning, which I have included as attachment 1. I have also included the product of
Davis' strategic planning workshop as attachment 2. As you can see, the Davis city
council arrived at eight goals, to be accomplished over a two-year period. Each goal has
associated objectives to be accomplished at six-month intervals.
I am hopeful that council will agree to participate in a strategic planning process beginning
as soon as possible by appointing a subcommittee to select a facilitator, identify a date and
location, and report back to city council on February 21st.
ATTACHMENt. /
Mad *
Sorry for the time delay. I wanted to gather the info on strategic planning facilitators. This
message will give you some of my thoughts on key criteria for success, the Davis products and
process, and a list of possible faciliation consultants.
THOUGHTS ON SUCCESS CRITERIA
I think regardless of who the facilitator is your Council will need to have some in-house champion
for the effort. In our case we had a two-member Council Subcommittee responsible for planning
a series of retreats. These retreats take place every six months. The first one was a goal setting
and teambuilding session. The following sessions were monitoring and skills discussion
sessions. We just started the second two year series with a new goal setting session.
Any standard and reasonably effective facilitator can achieve some degree of consensus and list
of tasks in a structured session with the "tools of the trade" in good ground rules and meeting
format. However, every Council (or any other group) is at a different place in their group dynamic
and readiness for any particular process. I am usually a little skeptical about anybody who says
their process works in all scenarios and then does not ask relevant questions about the group or
its needs.
The key is making sure that whatever wonderful stuff (or not...) happens in the planning session
actually leads to some constructive action and maybe even some culture improvement. The
most effective processes involve some degree of tailoring for the specific group and
understanding that it is not a one-shot event * but an ongoing process. While the planning
session(s) are the meat of the thing, the runup to the planning sessions and the followup
afterwards are at least as important and maybe more so in assuring that something really
happens.
And, in order for any of this to be accepted by the group, there has to be some sense that it will
actually be worthwhile.
Please remember that all work of the Council must be in open posted meetings and conducted
within the boundaries of your jurisdiction.
NOTES ON DAVIS EXPERIENCE TO DATE
As I said above, we initially conducted a goal setting and team building session in May 2004. We
arrived at a set of draft goals and objectives. We did not take official action to adopt those goals
and objectives at the planning session. Instead we had the product put in writing and brought
back to us at a regular meeting of the Council. At that meeting we questioned and commented
and approved in concept. We then sent the package to City staff, posted it on the web site and
asked for public input. We actually voted to adopt the revised and final package in August 2004.
The package included 7 Goals and some 85 objectives. That product can be reviewed at the City
of Davis website at
http:llwww.city.davis.ca.uslstoryl?story=CouncilGoals
The key at that stage was to align actions with goals and monitor results. We created posters
and placed this on our website. We added a requirement that every staff report to Council
identify what Council Goal was being addressed by the recommendation.
We then set monitoring sessions as Council retreats every six months and had the City Manager
report to us on progress on each of the objectives. In addition to updates and discussion of
emerging issues, each of these update meetings included Peer to Peer discussions with a City
Manager and a Council Member from another city in our region. (Each from different cities and
no two from same city at same meeting.)
Bottom line is that this organised our actions as a Council. We achieved a substantial number of
the objectives we set out and we have a lasting record of what happened during that two-year
period.
In December 2006 we conducted a new goal setting session. This session included the
Department Heads as well as the Council members. This was not the case the first time and
would not have worked as well in 2004. The organization was not ready then for that and is now.
We will be reviewing the product at our next meeting. It will build on the unfinished business from
2004-06 (not much actually) and establish a new agenda for the next two years.
Please understand that our Council has every bit as much inherent agenda conflict and
interpersonal dynamics and challenge as any. There remains some level of disonance.
However, through this goal setting and conscious discussion of issues and priorities, we have
been able to provide staff with some clear sense of direction even with this dynamic.
FACILITATORS
For the first two sessions in 2004, we were assisted by a local facilitation consultant who
volunteered his services as a contribution to his community. His name is Kevin Wolf and his
contact information is included below, Kevin did a good job of bridging us from a chaotic period
to a more rational approach to city business. He had the advantage and disadvantage of prior
relationships with all five members of the Council. Kevin was particularly effective in establishing
meeting ground rules and keeping the meetings focused. He had an interest in a more "classical"
strategic planning model than we were prepared to deploy. He adjusted his approach to a more
pragmatic process after lengthy discussions of how the pieces would fit together. He has
extensive successful faciliation and planning experience * much of it with environmental groups
and water agencies.
We relied on our staff to provide facilitation at meeting and the Council Subcommittee to plan the
process with staff.
For the December 2006 meeting we decided we needed an external facilitator due to the change
in Council composition. For that session we employed Marilyn Snider and Associates out of the
Bay Area. There were pluses and minuses in that choice. It was essential that we use an
external facilitator for the meeting so that the group dynamics could be handled. The challenge
was that the process used did not acknowledge and build upon the work already in place and
applied a standard "classical" strategic planning model. The facilitator was extremely effective in
the meeting process. I think we will be able to build on the work done in the meeting, but it was
not in my view as well tailored to our specific circumstances as it should have been. Marilyn
Snider is extremely well regarded and has extensive experience with governing bodies of all
sorts.
I will give you the contact information for both of these individuals and some others we
considered but did not choose.
Another possibility for you to consider might be for me, personally, to assist your Council. I have
been a member of our Council Subcommittee on this effort since March 2004. In addition, I have
done this sort of planning work for state agencies and the local school board. Let me know if you
want to talk more about this possibility.
Don
Wolf & Associates
724 N Street
Davis, CA 95616
530.758.4211
530.758.2338
http://www.wolfandassociates.com/
Marilyn Snider, Snider and Associates, 510-531-2904
(Check out the Google search for an amazing wealth of strategic planning references for local
governments that Marilyn has done. She has a very strong reputation and portfolio of completed
projects.)
Laura Mason-Smith
Mason Smith Success Strategies
Carmichael
916-485-3582
lau ra(~,masonsmith.com
Mary Egan
Mary Egan Consulting
Wilton
916-261-7547
eqanconsultinq~,hotmail.com
Daniel lacofano or Carolyn Verheyen
MIG
Berkeley
510-845-7549
AT'I'ACHMENT ,~