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Home My WebLink About2008-07-02 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 July 2, 2008 6:00 p.m. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. a. Proclamation For Parks & Recreation Month 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes Of June 4, 2008 b. Regular Minutes Of June 18, 2008 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make fndings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report Purchase Of Cisco Equipment And Accessories For The Corp Yard From AT&T Datacom For $9898.24. b. Report Purchase Of GIS Consulting Services From Vestra Resources, Inc In The Amount Of $6996.00. c. Rejection Of Claim For Damages Received From Bristol West Insurance And Referral To Joint Powers Authority, Redwood Empire Municipal Insurance Fund d. Report Purchase Of Replacement Computer Equipment From Dell Marketing, L.P. e. Report Purchase Of Computer Server Software From PC Mall Gov f. Report The Emergency Upgrade Of The Civic Center Power Systems By Roberts Mechanical In The Amount Of $26,979.18 g. Notification To The City Council Of The Purchase Of Chlorine Products From Olin Corporation In The Amount Of $8,596.70 h. Notification To The City Council Concerning The Purchase Of Wonderware SCADA Software From ZSI Inc. In The Amount Of $5,446.22 i. Report To The City Council Regarding Payment To City Of Light Sound And Recording For The Sound Equipment At The 2008 Sundays In The Park Concert Series In The Amount Of $9,000. j. Notification To The City Council Of The Emergency Expenditure Of $11,381.34 To Balance Hydrologics For Additional Data Collection For The Wastewater Treatment Plant (WWTP) Percolation Pond Hydrogeologic Study And Approval Of Budget Amendment k. Award Of Bid To Ukiah Electric For Lighting Retrofit At City Hall And Ukiah Valley Conference Center fn The Amount Of $46,825.54 I. Award Purchase Of Sodium Hydroxide To Olin Corporation At The Unit Price Of $724.90 Per Dry Ton For A Total Amount Of $28,996 Plus Tax. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. PUBLIC HEARINGS (6:15 PMl a. Adoption Of Resolution Adjusting Fees For The Ukiah Municipal Golf Course 10. UNFINISHED BUSINESS a. Status Report Concerning The Activities Of The Paths, Open Space And Creeks Commission b. Adoption Of Ordinance Amending Chapter 7, Division 6 Of The Ukiah City Code, Governing Encroachments In The Public Right Of Way And The Issuance Of Encroachment Permits 11. NEW BUSINESS a. Adoption Of Resolution Of Intention And First Reading Of Ordinance For The Public Safety - Fire PERS Group To Amend The PERS Retirement Contract b. Nomination And Appointment Of Planning Commissioner To Replace Commission Member Ken Anderson c. Authorize The City Manager To Make Prepayment Of CaIPERS 2008/2009 Contribution 12. COUNCIL REPORTS 13. CITY MANAGERlCITY CLERK REPORTS a. Update Regarding Recent Information Technology Improvements/ Activities 14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. Conference with Real Prooertv Neootiators (§ 54956.8); Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); and APN 001-271-01; 001-040-14, 65, 08, & 71 (portion); 001-230-08; 157-070-01; 001-241-04 & 09; Negotiator: Jane Chambers, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero; 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. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 27th day of June, 2008. Linda C. Brown, City Clerk Item 3a PROC TION PARKS AND RECREATION MONTH WHEREAS, Parks and Recreation facilities provide a splendid place for gatherings and celebrations where residents, visitors, families and neighbors can connect; and WHEREAS, July is celebrated as Parks and Recreation Month throughout the great state of California, in cities and towns large and small; and WI IEREAS, our parks help to preserve and protect the natural and cultural resources for the Greater Ukiah Valley; and WHEREAS, Parks and Recreation services support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a to[al community development model; and WHEREAS, Parks and Recreation strengthens community image and sense of place, and increases cultural unity; and WHEREAS, Parks and Recreation promotes health and wellness; and WHEREAS, Parks and Recreation strengthens community pride, increases wellbeing, reduces crime and builds safer neighborhoods; and WHEREAS, Parks and Recreation fosters human development, helping young people develop and grow into healthy adults, and helping adults continue to live longer; and WHEREAS, Parks and Recreation facilitates community problem solving; and WHEREAS, thousands of Ukiah Valley children, adults and seniors benefit from the wide range of services, facilities and programs provided; NOW, THEREFORE, I, Douglas F. Crane, Mayor of the Ciry of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Benj Thomas hereby proclaim the Month of July, 2008, as Parks and Recreation Month and urge all residents to enjoy and recognize the social, physical, mental, economic, and community benefits derived from our Parks and Recreation facilities and services, which provide something of value to everyone. Signed and sealed, this 2"a day of July, in the yeaz Two Thousand and Eight. Douglas F. Crane Mayor Item 3a PROCLAMATION PARKS AND RECREATION MONTH WHEREAS, Parks and Recreation facilities provide a splendid place for gatherings and celebrations where residents, visitors, families and neighbors can connect; and WHEREAS, July is celebrated as Parks and Recreation Month throughout the great state of California, in cities and towns large and small; and WHEREAS, our parks help to preserve and protect the natural and cultural resources for the Greater Ukiah Valley; and WHEREAS, Parks and Recreation services support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a total community development model; and WHEREAS, Parks and Recreation strengthens community image and sense of place, and increases cultural unity; and WHEREAS, Parks and Recreation promotes health and wellness; and WHEREAS, Parks and Recreation strengthens community pride, increases wellbeing, reduces crime and builds safer neighborhoods; and WHEREAS, Parks and Recreation fosters human development, helping young people develop and grow into healthy adults, and helpigng adults continue to live longer; and WHEREAS, Parks and Recreation facilitates community problem solving; and WHEREAS, thousands of Ukiah Valley children, adults and seniors benefit from the wide range of services, facilities and programs provided; NOW, THEREFORE, I, Douglas F. Crane, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, John McCowen, and Benj Thomas hereby proclaim the Month of July, 2008, as Parks and Recreation Month and urge all residents to en}oy and recognise the social, physical, mental, economic, and community benefits derived from our Parks and Recreation facilities and services, which provide something of value to everyone. Signed and sealed, this 2°a day of July, in the year Two Thousand and Eight. Douglas F. Crane Mayor CITY OF UKIAH Item Sa CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 4, 2008 6:00 p.m. ROLL CALL Ukiah City Council met at a Regular Meeting on June 4, 2008, the notice for which being legally noticed on, May 30, 2008. Mayor Crane called the meeting to order at 6:06 pm. RoII was taken with the following Councilmembers present: Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. Staff present: City Manager Chambers, City Attorney Rapport, Director of Community & General Services Sangiacomo, Senior Planner Townsend, Airport Manager Richey, Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works Seanor, Interim Electric Director Grandi, and Deputy City Clerk Currie. Consultants present: Damon Brown, EBA Engineering. 2. PLEDGE OF ALLEGIANCE M/S McCowen/Baldwin determining the item, Proclamation "Army Week June 9-15, 2008," could not be placed on the agenda within the 72 hour requirement and that action needs to be taken before the next City Council meeting. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 6:07:56 PM M/S McCowen/Baldwin to approve the addition of the proclamation to the agenda. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS 6:09:55 PM d. Army Week June 9-15 Proclamation Mayor Crane presented the proclamation to Sergeant First Class Eric Kolesar, Ukiah Station Commander. a. Introduction of New Employee -Jennifer Faso, Associate Planner Senior Planner Townsend provided the introduction. b. Introduction of New Employee, Cathleen Moller Director of Community & General Services Sangiacomo provided the introduction. c. Presentation to Council, New Internship Program at the Ukiah Regional Airport Airport Manager Richey provided a verbal presentation of the Program and introduced its first interim, Toby Page. 4. PETITIONS AND COMMUNICATIONS6:20:14 PM Mayor Crane gave to the City Manager Chambers a letter from the Mendocino County Air Quality Management District bringing to the City Council's attention citizen complaints regarding burning at the Ukiah Municipal Golf Course. CC 6/4/08 Page 1 of 5 5. APPROVAL OF MINUTES a. Regular Minutes of May 21, 2008 b. Regular Minutes of April 16, 2008 M/S Rodin/Baldwin to approve the Regular Minutes of May 21 and April 16, 2008, as submitted. Motion carried by an all AYES voice vote of the members present. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR Staff requested 7c become 11b M/S McCowen/Baldwin to approve the Consent Calendar items 7a, 7b, 7d and 7e: a. Report Regarding Purchase of Replacement Fire Hose from L.N. Curtis & Sons in the Amount of $5,483.40 b. Award of Bid for the Purchase of Services from Arrow Fencing to Replace/Repair Damaged Fencing at Riverside Park in the Amount of $42,500 in Accordance with FEMA Project #92 c. MOVED to New Business 11.b d. Approval of Notice of Completion for 2002 STIP Arterial/Collector Rehabilitation, Specification No. 07-03 e. Approval of Notice of Completion for 2002 STIP Local Street Rehabilitation, Specification No. 07-04 and Authorization of Budget Amendment Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Lee Howard, representing the North Coast Builders Exchange, expressed appreciation to the City of Ukiah for the use of the City Council Chambers for an elections forum held on April 15, 2008, and presented the City with a check in the amount of $500 from B.E.A.M.S. Inc., (Builders Exchanges Association Management Services, Inc.) to be used to improve the Council Chamber's communications system. 6:23:40 PM Lucrecia Paples, Founder and Managing Director of the Mendocino County Martin Luther King Jr. Organization, offered an invitation to the City Council and the public to attend the 4`" annual June Teenth Event. This event celebrates the end of slavery. The event will be held in the Ukiah City Council Chambers Thursday, June 19, 2008, at 6:30 pm. 6:2724 PM 9. PUBLIC HEARINGS (6:15 PM)6.29.02 PM a. Approval of Application to Partially Demolish a Structure Over 50 Years Old Located at 304 South Spring Street Senior Planner Townsend presented the item. Recommended Action: 1) Conduct a public hearing; 2) Find that while the residence is historically significant, the partial demolition and renovation would not adversely affect its historic character; and 3) Approve the partial CC 6/4/08 Page 2 of 5 Demolition Permit for the project located at 304 South Spring Street. Public Hearing Opened 6:31 pm Public speaking to the item: Lisa Mammina Public Hearing Closed 6:32 pm M/S McCowen/Thomas to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Authorize Execution of Amendment to Professional Services Agreement with Doble Thomas & Associates, Inc. in an Amount Not to Exceed $15,000 for Additional Work Related to the GIS Curb Ramp and Storm Drain Inventory and Authorize Budget Amendment 6:37:07 PM Deputy Director of Public Works Seanor presented the item. Recommended Action: 1.0 Authorize execution of amendment to professional services agreement with Doble Thomas & Associates, Inc. in an amount not to exceed $15,000 for additional work related to the GIS curb ramp and storm drain inventory and 2.) Authorize a budget amendment transferring $12,610 from fund balance account 699.260.012/expenditure account 3110.017 to account number 340.9660.250.000. M/S Rodin/Baldwin to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. b. Mead & Hunt Proposal for Operations Plan for Lake Mendocino Power Project Interim Electric Utility Director Grandi presented the item. Recommended Action: Authorize the City Manager to enter into a professional services agreement with Mead & Hunt to develop an Operations Plan. M/S Baldwin/McCowen to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, Rodin, Baldwin, and Mayor Crane. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS a. Discussion and Direction Regarding Implementation of the Remedial Action Plan for the Corporation Yard Underground Storage Tank Cleanup6:53:37 PM Director of Public Works/City Engineer Eriksen presented the item. Recommended Action: Discuss and provide direction to staff regarding implementation of the remedial action plan for the Corporation Yard underground storage tank cleanup project. Public Comment Opened 7:06 pm Public speaking to the item: 7:06:24 PM Damon Brown ,president of EBA; 7:20:08 PM Frank Bickner, LACO Associates;7:26:20 PM Lisa Mammina; and 7:28:29 PM Lee Howard. Public Comment Closed 7:35 pm By Consensus, City Council continued the item to a future meeting. CC 6/4/08 Page 3 of 5 b. Adoption of Resolution (1) Approving Application and Contract Execution for Funding Down Payment Assistance and Housing Rehabilitation from the CalHome Program and Authorizing Execution of Grant Agreement and any Amendments thereto with the State of California for the Purposes of this Grant; and (2) Authorizing City Manager to Negotiate and Execute Agreement with Community Development Commission of Mendocino County for Grant Administration (was item 7c) 7:54:19 PM City Manager Chambers presented the item. Recommended Action: Allow Community Development Corporation to move forward with grant application process. By Consensus, City Council concurs with staff to allow Community Development Corporation to move forward with grant application process. 12. COUNCIL REPORTS Councilmember McCowen suggested utilizing Agenda Item 4, Petitions and Communications, more often for communications that would be of interest to the public and Council. City Manager Chambers is aware of the need for a policy regarding communication and the exchange of information and will craft one. Councilmember Rodin requested an update on the water rights permit application. City Attorney Rapport provided the following: After a meeting takes place with the State Water Resources Control Board to review specific questions the City has, recommendations will be brought to City Council in August. Councilmember Rodin requested an update on the Mobile Home Rent Control issue. City Manager Chambers stated a meeting is scheduled June 5. 13. CITY MANAGER/CITY CLERK REPORTS 8:09:54 PM City Manager Chambers reported she has been getting familiar with the City's Utility departments, sewer, water, and electric. Interim Electric Director Grandi provided a briefing on the electric department projects. Mayor Crane suggested holding a workshop on the pole replacement project. City Manager Chambers requested an extension on the budget process proposing the following tentative schedule: June 18 a staff report with new dates, June 25 a study session and request a continuing resolution to continue business, final budget presented to City Council July 16, July 29 and 30 holding the budget hearings, July 29 the hearing with Ukiah Valley Sanitation District. The dates will be forwarded to the City Council. Recessed to Ukiah Redevelopment Agency at 8:24 pm Reconvened to City Council at 8:39 pm 14. CLOSED SESSION -Closed Session may be held at any time during or before the meeting a. Conference with Real Prooertv Negotiators (& 54956 8)' Property: APN 156-240-02, 03, 06, 07, 08 (Ukiah); Negotiator: Jane Chambers, City Manager; Negotiating Parties: City of Ukiah & David Hull/Ric Piffero; Reconvened in Open Session at 9:52 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:52 pm. CC 6/4/08 Page 4 of 5 JoAnne M. Currie, Deputy City Clerk CC 6/4/08 Page 5 of 5 Item Sb CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 June 18, 2008 6:00 p.m. Interviews for the Airport Commission and Parks, Recreation, and Golf Commission took place in Conference room 4 beginning at 4:30 PM. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on June ~$, 200; i#he notice for which being legally noticed on, June 13, 2008. Mayor Crane called the meetirig to order at 6:05 pm. Roll was taken with the following Councilmembers ` rrf: Thomas, Cowen, and Mayor Crane. Councilmembers absent: Rodin and '~aldwih. Staff preset, City Manager Chambers, City Attorney Rapport, Director oi• community & General Services. Sangiacomo, and Deputy City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTICiS/PRESENTATIONS... 4. PETITIONS AND COMMUNICATION ' ` 5. APPROVAL OF MINUTES 6. RIGHT TO APPEs4C D~t~S~N 7. CONSENT CAL~AR6 015 PM M/S Thomas/MICA to,~~3?te the Consent Calendar items 7a through 7j: a. - 1~~,#~,Disbur~enlents for the'li/COnth of May 2008 ~~, b. DesignaEe~Gsk Matter/Budget Officer as Director to the Redwood Empire Municipal Insurance Fm's (RE`1~ Board of Directors and Designate the City Manager as the Alternate Director a sAdoption of Relution Approving Termination of Participation in PERS Health Plan By Police Unit Eatployees d. Continued Authotization of Sole Source Procurement of Police Transcription Services from (?erfection!Plus Transcription, Not to Exceed $30,000 Per Fiscal Year e. Adoption of.Resolution Requesting the Mendocino County Board of Supervisors to RequesP`ri=_ County Clerk to Conduct the Municipal Election of the City of Ukiah on Tuesday; November 4, 2008, and to Consolidate said Election with the General Election Held on that Same Day f. Request for Approval of Electric Utility Director Job Description and Salary Classification g. Report to the City Council Regarding the Purchase of Services for the Printing of the 2008 Summer Recreation Guide in the Amount of $6,324.40 h. Award Bid to Paco's Painting for the Exterior Painting of the Ukiah Valley Conference Center in the Amount of $15,450 and Award Bid to Redwood Empire Awning for the Removal and Replacement of Six Awnings in the Amount of $18,039.15, as Part of the Facade Improvement Program CC 06/18/08 Page 1 of 4 i. Award of Bid for Purchase of Police Watch Commander Vehicle in the Amount of $47,209.48 to Maita Chevrolet j. Approval of Corresponding Budget Amendment Utilizing Funds from the Special Project Reserve Fund and Award of Bid to Redwood Empire Roofing for the Re-Roof of the Observatory House in the Amount of $11,063 and $3 Per Square Foot for Dry Rot Repair Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Mayor Crane. NOES: None. ABSENT: Councilmembers Rodin and Baldwin. ABSTAIN: None 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS None Recessed to Ukiah Redevelopment Agency at 6:10 pm Reconvened to City Council at 8:25 pm 9. PUBLIC HEARINGS (8:15 PM) 10. UNFINISHED BUSINESS6:26:42 PM a. Request for Revision to Fiscal Year 2008/09Zdget Hearing Schedule and Set Date/Time for Budget Workshop Prior to Hearings ;:. City Manager Chambers prefer 2008 from 1:00 p.m. to 5:00 p.rp set July 29, 2008 as the date f'r Year 2008-09 budget; 3) Establi 09 Budget Hof f for the City 4) Authorise` the Ci~lerk to no Public PtttC'(i By Consc the 08-09 II~S Thomas/~ fofkmring roll c Crane'>NOESr None. the item. Recor ;,~., is1 date for the the JoS-AAeeeting Ju1~30, 2t~`. `Ik~tiah and the Ul e the Public FTeari ended action: 1) Set June 25, duet Workshop; 2) Tentatively, th Sanitation District on Fiscal date for the Fiscal Year 2008- 1 Redevelopment Agency; and prior to hearings. at 8:28 pm n: Rick Kennedy, District Manager, Ukiah Valley Sanitation at 8: City teaf directed staff to present options to reduce the deficit in ear budget without using reserve funds to cover the entire deficit. :Cowen to approve recommended Action. Motion carried by the #I vote: AYES: Councilmembers Thomas, McCowen, and Mayor Vone. ABSENT: Councilmembers Rodin and Baldwin. ABSTAIN: 11. NEW BUSINESS a. Appointments to Commissions and Committees for Term Expirations and Vacancies Relative to the Airport Commission; Demolition Permit Review Committee; Investment Oversight Committee; Parks, Recreation, and Golf Commission; and Paths, Open Space, and Creeks Commission; and Resolution Making the Appointments. Interviews for the Airport Commission and Parks, Recreation, and Golf Commission took place in Conference room 4 at 4:30 PM. Recommended action: 1) Interview five (5) Airport Commission Applicants and one (1) Parks, Recreation, and Golf Commission Applicant prior to the City Council Meeting, 2) Make nominations and CC 06!18!08 Page 2 of 4 appointments, 3) Adopt a Resolution making appointment to the above Commissions and Committee, 4) Extend the application deadline and re-advertise the remaining vacancies for the Parks, Recreation, and Golf Commission.6:37:43 PM By Consensus, City Council will continue the Airport Commission appointments until the Airport Commission reviews the applicants and reports the findings to the Council. Demolition Review Committee nominations: Incumbent Roger Vincent was nominated by Mayor Crane. Incumbent Judy Pruden was nominated by Councilmember Thomas. Investment Oversight Committee: Incumbent Monte Hill was nominated by CouncilmemberThomas. Parks, Recreation, and Golf Commission: Incumbent John Graff was nominated by Mayor Grane. Incumbent Julie Dunn was nominated by C,~member ThorrSas. Darcie Antle was nominated by Councilrt~it5ber McCowen to fill atf unexpired term. Incumbent Michael Kisslinger was nomS~ted by Mayor Crane Paths, Creeks, and Open Space Commisestk Incumbent James Connerton, Jr. was nomii` Robert Neale III was nominated by Mayor C Public Comment opened a' Public Speaking to the Item: Commission Applicant 6:42:: Public Comment closed at M/S McC~ven/Th`csas to and Opens She Cvt~fss/ remaining vacantly on fftn (~~ 'by(f`Ye ~Nowing ro~Call vote: Crane. TdC•ES: None. ABSE~ fpm Councilmember McCowen. and Creeks ove the above named nominations; adopt the ;nts ~o the Demolition Review Committee, Investment ~creafion;and Golf Commission, and Paths, Creeks, and ta'~xtend the application deadline for one treation, and Golf Commission. Motion carried ~5: Councilmembers Thomas, McCowen, and Mayor Councilmembers Rodin and Baldwin. ABSTAIN: None. b. `-4ntroduction of 4rdinande by Title Only Amending Chapter 7, Division 6 of the Ukiah City Code, Governing Encroachments In the Public Right of Way, by Dividing Said Cf~apter into Argyle 1, Governing the Removal of Unauthorized Encroachments from the i`~tiblic Right of Way and Article 2, Governing Encroachment Permits.6:43:39 PM City AttoPt'iey Rapport presented the item. Recommended Action: Pass motion to introduce ordinance by title only; have City Clerk read title; pass motion to introduce the ordinance. M/S ThomaslMcCowen to introduce the Ordinance by Title Only. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Mayor Crane. NOES: None. ABSENT: Councilmembers Rodin and Baldwin. ABSTAIN: None. Deputy City Clerk Currie read the ordinance title. CC 06/18(08 Page 3 of 4 M/S Thomas/McCowenn to introduce the Ordinance Amending Chapter 7, Division 6 of the Ukiah City Code, Governing Encroachments In the Public Right of Way, by Dividing Said Chapter into Article 1, Governing the Removal of Unauthorized Encroachments from the Public Right of Way and Article 2, Governing Encroachment Permits. Motion carried by the following roll call vote: AYES: Councilmembers Thomas, McCowen, and Mayor Crane. NOES: None. ABSENT: Councilmembers Rodin and Baldwin. ABSTAIN: None. c. Approval of Corresponding Budget Amendment Utilizing Special Project Reserves and Award of Bid to Redwood Empire Roofing for the Re-Roof of the Todd Grove Building in the Amount of $26,395 and $3 Per Square Foot: for Dry Rot Repair.6:49:27 PM Director of Community & General Services SarigEacomo presented the item. Recommended action: Approve a corresponding budget~arije~dment utilizing Special Project Reserves and award of bid to Redwo,Qd ~lxipire Roofing. for the re-roof of the Todd Grove building in the amount of $26,'i and $3 per Sq~e2re foot for dry rot repair. M/S McCowen/Thomas to approvo Gmmended Action. Motion Carried by the following roll call vote: AYES: CouncilfYibers "fhomas, McCoweh, and Mayor Crane. NOES: None. ABSENT: Councilmefntxy~s Rodin and Baldwin. ABSTAIN: None 12. COUNCIL REPORTS6:SL05 PM Mayor Crane reported that during the ~lun~ g=~08, Mendoartd Solid Waste Management Authority meeting, he had the opporfnnity to'~w the combined refuse and recycling trucks. JoAnne M. cc o6r t $roa Page 4 of 4 ITEM NO. 7a DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT PURCHASE OF CISCO EQUIPMENT AND ACCESSORIES FOR THE CORP YARD FROM AT8~T DATACOM FOR $9898.24. SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the replacement computer of equipment for the following departments: The network Infrastructure at the City's Corporation Yard required a significant overhaul to support not only the existing equipment in the yard but to support additional equipment needing connectivity to the City's network. For well over a year computers at the yard have been experiencing poor network access due to old outdated consumer grade equipment and non-compliant wiring. New projects and activities at the yard are adding to the congestion. Activities impacting the network at the yard include the Sewer Video truck video uploads, security cameras, additional desktop PCs and process computers. To provide the stable network resources needed at the facility the core networking components were replaced with commercial grade Cisco switches. Utilizing the FOCUS contract we purchased Cisco Switches and accessories from AT&T Datacom in the amount of $9898.24. Funding for the purchase was provided from fund 100.3301.800.000, Corp Yard Machinery & Equipment. RECOMMENDED ACTION: Report Purchase Of Cisco Equipment And Accessories For The Corp Yard From AT&T Datacom For $9898.24. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated witl Attachments: APPROVED: Ja~ N/A Steve Butler, Information Technology Supervisor Steve Butler, Information Technology Supervisor is Tim Eriksen, Public Works Director None ~~~r,//r,.~-mot,"-" 'Chambers, City Manager ITEM NO. 7b DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT PURCHASE OF GIS CONSULTING SERVICES FROM VESTRA RESOURCES, INC IN THE AMOUNT OF $6996.00. SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the replacement computer of equipment for the following departments: Last December the City Council approved expansion of the City's GIS system. Since that time the IT Department has purchased the software and hardware to provide those enhanced GIS services. Due to the complicated setup of the system it was determined assistance with the setup of our systems and training to support the systems would be the best way in which to launch our efforts quickly and without error. Our ESRI software representative recommended we contact VESTRA their consulting representative in this area for the task. The IT Department issued a PO to VESTRA Resources, Inc for the amount of $6996.00 from funds set aside for this purpose in 100.1965.250.000. RECOMMENDED ACTION: Report Purchase Of GIS Consulting Services From Vestra Resources, Inc In The Amount Of $6996.00. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Steve Butler, Information Technology Supervisor, Robert Mandel, GIS Coordinator Prepared by: Steve Butler, Information Technology Supervisor Coordinated with: Robert Mandel, GIS Coordinator Attachments: None APPROVED: ~~/;~-'~ 1..~~1.'~~v~~ti-~- J e Chambers, City Manager ITEM NO. ~~ MEETING DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM BRISTOL WEST INSURANCE AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND A claim from Bristol West Insurance was received by the City of Ukiah on June 9, 2008 alleging damages to their insured's vehicle when the vehicle struck a guy wire within the north driveway west of Yokayo School. Pursuant to City policy, it is recommended the City Council reject this claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION: Reject claim for damages received from Bristol West Insurance and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS: Alternative action not advised by the City's Risk Manager. Citizen Advised: Yes Requested by: Claimant Prepared by: Sue Goodrick, Risk Manager/Budget Officer Coordinated with: Jane Chambers, City Manager Attachments: 1. Claim of Bristol West Insurance, pages 1-3. APPROVED: ~ : ~(. ~..~ Lh~ !-~.t_Gi,~, , J~ij'e Chambers, City Manager 1~CMt~ c~ ~-w File with: CLAIM FOR MONEY OR City Clerk's Office City of Ukiah DAMAGES AGAINST THE 30o seminary Ave. CITY OF UKIAH Ukiah, CA 95482 A claim must be presented, as prescribed by the Government Code of the State of acting on his/her behalf and shall show the following: JUN - 9 2008 a, by 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: i Post Office Address: 2. 3. Post Office address to which the person presenting the claim desires notices to be sent: Name of Addressee: -~ j(~l('(\~ Telephon~`pCp ~ ~ ~~ ~ 1 ~ ~'J`)S p~ Post Office Address: The date, place and other circumstances of the occurrence or transaction which gave rise to the claim asserted. Date of Occurrence: Location: I~~(~ ~'i Time of Occurrence: O~. Circumstances aivino rise to this claim: 0. ~r'VSrY ~f1P ~C.IU ta;~YP 1^fACsl v~7'S Cns'~~C-~`\J~ -1Ci4~P n„r 4. 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. , 5. The<name or names of the public employee or employees causing the injury, damage, or loss, if known. Attachment # ~ RESERVE FOR FILING STAMP CLAIM NO Page 1 of 3 3/2003 Revised 7/2003 6. 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: ~ ~ a.~_ (~ If amount claimed exceeds $10,000: If the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case. A limited civil case is one where the recovery sought, exclusive of attorney fees, interest and court costs does not exceed $25,000. An unlimited civil case is one in which the recovery sought is more than $25,000. (See CCP § 86. ) Limited Civil Case ~ Unlimited Civil Case You are required to provide the information requested above, plus your signature on page 3 of this form, in order to comply with Government Code §910. In addition, in order to conduct a timely investigation and possible resolution of your claim, the city requests that you answer the following questions. 7. Claimant(s) Social Security Number(s): (optional) 8. Claimant(s) Date(s) of Birth: 9. Name, address and telephone number of any witnesses to the occurrence or transaction which gave rise to the claim asserted: ~-- 10. 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: If applicable, please attach any medical bills or reports or similar documents supporting your claim. 11. If the claim relates to an automobile accident: Claimant(s) Auto Ins. Co.:t?j,-1S~C>~ '~,1('~yj ~v`i'jit\G<YtC~ Telephone:~et~ ;~--~ 1 ~ ~~ V.~~S~ Address: ' ~ ;). Gj, ~"" t~ n~.~ AZ _ ' ~Ci ,Insurance Policy No.:~~~j- ~~ ~'(~j'-~~ C~ Insurance Broker/Agent:~~ u~~j Telephone~`~e ~ ?~~~- i~~~ Address:l~r'i 12,r.v t-t1~1<,7 Claimant's Veh. Lic. No.: U,LZ'~~~' ~~(j Vehicle Make/Year.(~-~ ~gGC CXy'~~~~'~CY\ Claimant's Drivers Lic. No.: Expiration: ((applicable, please attach any repair bills, estimates or similar documents supporting your claim. Page 2 of 3 3/2003 Revised 7/2003 READ C For all accident claims, place on following diagram name of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If /Agency Vehicle was involved, designate by letter "A" location of /Agency Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw 4REFULLY /Agency Vehicle; location of /Agency vehicle at time of accident by "A-1" and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X." NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant. SIDEWALK CURB-a 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 not to have been brought in good faith and with reasonable cause. Signature: Date: ~r ~ ~~ ~ ~J ~~, '~~~ I Page 3 of 3 312003 Revised 7/2003 \~. ITEM NO. 7d DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT PURCHASE OF REPLACEMENT COMPUTER EQUIPMENT FROM DELL MARKETING, L. P. SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the replacement computer of equipment for the following departments: Purchase to replace our existing single tape backup system. The increasing amount of data on our network has caused our full system backups to exceed the capacity of two tape cartridges. This has started impeding our ability to perform timely backups due to the manual swapping of tapes to complete the backup cycle. The extended backup periods has impacted system performance during normal business hours. To alleviate the need to manually load tapes when backups exceed the capacity of a tape an automated tape library was purchased. Funding for the Dell tape library was provided from account 100.1965.800.000 in the amount of $6,478.31. RECOMMENDED ACTION: Receive report regarding acquisition of replacement computer equipment from Dell Marketing, L.P. in the amount of $6,478.31. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Steve Butler, Information Technology Supervisor Prepared by: Steve Butler, Information Technology Supervisor Coordinated with: N/A Attachments: None APPROVED: '%~r: It.l ~ ~~ t1-'w- Japfe Chambers, City Manager --__ ITEM NO. 7e DATE: July 2 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT PURCHASE OF COMPUTER SERVER SOFTWARE FROM PC MALL GOV SUMMARY: Section 1522 of the Municipal Code requires a report be filed with the City Council regarding purchases between $5,000 and $10,000. In accordance with the above mentioned section this report is submitted to the City Council regarding the replacement computer of equipment for the following departments: Purchase of System Center Essentials Server Software and an upgrade of our existing email server software. System Center Essentials ($3,999.99) was purchased to provide configuration management, event monitoring and software distribution capabilities for management and operation of our desktop computers throughout the organization. The evaluation product has been in use for over two months and has proven its worth in freeing time for our technicians to focus on higher value services. (Cont. on page 2) RECOMMENDED ACTION: Receive report regarding purchase of computer server software from PC Mall Gov in the amount of $5589.98. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Steve Butler, Information Technology Supervisor Prepared by: Steve Butler, Information Technology Supervisor Coordinated with: N/A Attachments: None E APPROVED: j~.;~,,, ( .r~t,. , .,.,~., c~_-~__ Jane Chambers, City Manager With increased use of our email system the IT Department has been dealing with larger amounts of storage to meet the City's messaging requirements. Even with imposing limits on individual mailboxes and aggressive archival procedures the current level of software, Microsoft Exchange Server Standard Edition continues to be extended past recommended values for database size and to resolve the issue an upgrade to Microsoft Exchange Server Enterprise ($1,589.99) was deemed necessary. Failure to reduce the database size to recommended values would affect the ability for the IT Department to provide a stable email platform in order to fulfill the organization's communication needs as well as provide timely recovery in case of system failure. Funding for the software purchases was provided from account 100.1965.800.000 in the total amount of $5589.98. ITEM NO. 7f DATE: Julv 2, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT THE EMERGENCY UPGRADE OF THE CIVIC CENTER POWER SYSTEMS BY ROBERTS MECHANICAL IN THE AMOUNT OF $26,979.18 SUMMARY: During the installation of the new Uninterruptable Power Supplies and Air Conditioning systems it was discovered the circuits providing power to both Civic Center server rooms did not provide adequate capacity to support the equipment in the rooms. Additionally the existing wiring did not meet current building codes and needed to be replaced immediately to meet code and eliminate safety concerns. BACKGROUND: The Civic Center's primary server room was provided with a single phase 20 amp circuit to supply the AS/400 system. Through the years additional computers were added to the room and simply tapped into the existing circuit as well supplemented by extension cords from other areas of the building. The new UPS and AC system required installation by an electrical contractor who immediately recognized the situation we were in and the need to immediately resolve the unsafe conditions. ACTION: To quickly resolve the problems with the electrical systems Roberts Mechanical was engaged to engineer and install adequate circuitry to power for the server rooms. Funding for the power system upgrade was funded from accounts 698.1915.800.000 ($22,541.78) and 698.1965.800.000 ($4,437.40). RECOMMENDED ACTION: Report The Emergency Upgrade Of The Civic Center Power Systems By Roberts Mechanical In The Amount Of $26,979.18 ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: N/A Prepared by: Steve Butler, Information Technology Supervisor Coordinated with: Sage Sangiacomo, Director of Community Services Attachments: None APPROVED: i /~ M_ (~_~_;~ /,,- ~~t_'~ =_ Jane Chambers, City Manager ITEM NO: 7g MEETING DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL OF THE PURCHASE OF CHLORINE PRODUCTS FROM OLIN CORPORATION IN THE AMOUNT OF $8,596.70 Pursuant to the requirements of Section 1522 of the Municipal Code, staff is notifying the City Council of the purchase of 25 150-pound chlorine gas cylinders for use at the well sites and eight 1- ton cylinders for use at the Water Treatment Plant in the amount of $8,596.70 from Olin Corporation. In response to the City's Request for Bids, only one responsive bid was received from Olin Corporation. Noticing to bidders was in accordance with the City's informal bid process The 150-pound cylinders are $119.90 each for an estimated cost of $2,997.50 and the 1-ton cylinders are $699.90 each for an estimated cost of $5,599.20 for a total cost of $8,596.70. The Water Treatment Plant uses chlorine gas as a disinfectant for the water distribution to provide protection from pathogens. Funds were budgeted and are available for this purchase in the FY '07-'08 budget under account number 820.3908.520.000. RECOMMENDED ACTION: Receive notification of the purchase of 25 150-pound chlorine gas cylinders for use at the well sites and eight 1-ton cylinders in the amount of $8,596.70 from Olin Corporation. ALTERNATIVE COUNCIL OPTIONS: NA FUNDING: Amount Budgeted From Acct No. To Acct. No. Additional Funds Requested 820.3908.520.000 Citizens Advised: NA Requested by: Ann Burck, Interim Water/Sewer Operations Superintendent Prepared by: Alan Jamison, Water Treatment Plant Supervisor Coordinated with: Jane Chambers, City Manager Attachments: None Approved: ~~ ' ~~ ~~~%yrt /2c't-~-~ ne Chambers, City Manager ITEM NO. 7h DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCILCONCERNING THE PURCHASE OF WONDERWARE SCADA SOFTWARE FROM ZSI INC. IN THE AMOUNT OF $5,446.22 Pursuant to the City of Ukiah municipal Code section 1522 this is to inform the City Council of the purchase of Wonderware SCADA software from ZSI Inc. in the amount of $5,446.22. This is an upgrade that is compatible with our current operating system and includes up to 500 tags. Our current system allows 100 tags and we are using approximately 87 tags. When we place our remote sites on the SCADA system the increase on the system will be more than the remaining tags. We did not go out to bid on this because ZSI Inc. is currently under contract with us and is supplying the software at a minimal markup. The monies for this purchase were budgeted under 820.3908.800.000 RECOMMENDED ACTION: Receive notification of the purchase of Wonderware SCADA software from ZSI Inc. in the amount of $5,446.22. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Ann Burck, Interim Water/Sewer Operations Superintendant Prepared by: Alan Jamison, Water Treatment Plant Supervisor Coordinated with: Jane Chambers, City Manager Attachments: APPROVED: ~ " ~y~ (~Gi~yn.C~-ltiv ne Chambers, City Manager ITEM NO. 7i DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: REPORT TO THE CITY COUNCIL REGARDING PAYMENT TO CITY OF LIGHT SOUND AND RECORDING FOR THE SOUND EQUIPMENT AT THE 2008 SUNDAYS IN THE PARK CONCERT SERIES IN THE AMOUNT OF $9,000. SUMMARY: Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding payment to City of Light Sound and Recording for the sound equipment at the 2008 Sundays in the Park Concert Series in the amount of $9,000. Contract is attached for review. The Sundays in the Parks Concert Series requires a high level of professional sound equipment and sound management. City of Light continues to provide excellent service and contribute to the success of the series. The contracted amount has remained at the same rate as 2006 and 2007. The event is funded entirely by private sponsorship, and the funds are held in a trust account (900.205.226) that the City manages. RECOMMENDED ACTION: 1. Receive report regarding the payment to City of Light Sound and Recording for the sound equipment at the 2008 Sundays in the Park Concert Series in the amount of $9,000. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A FUNDING: Amount Budgeted Account Number Additional Funds Requested $9,000* 900.205.226.000 N/A `Funded entirely by private sponsorships Citizen Advised: N/A Requested by: City Council Prepared by: Katie Merz, Community Services Supervisor Coordinated with: Pat Thompson, Former Interim City Manager Attachments: 1. City of Light Sound and Recording Contract for Sundays in the Park APPROVED: !, i,,i_ i=_-%~,r,. ~ ti. C. G", . Jade Chambers, City Manager Attachment #1 APri: 1 s, zone This contract is for the services of Keith Ctaudcue sst CFIy of Lighl Sound (CUL} and Recnrtiing:mcl 1~he City of Ukiah for the 2t7(IR tiltinh Sundry; in thu Park Concmrt Series. i "atv of Light atlBeeS UO 171'aVlde SOW ld 1tiln1URX.~L'nl.Iltanitarltl~ des6:, InaA in and ntn far die cuaccrly wt'1'odd Cimve Park is Ukiah and i1lC ssppropritdo staffto ensure a yuality eveut. CUL will ssl:w abide by the guidc:Loay set out in each tech rider providod by caci[ hwor'. 1'!te City of Ukiah contract C111 for the litllr»vin~ cuneerl dates: .lone 1 S Riders in toe Sky SI,200.00 June ~Y ford Qnu, 51,21111.1111 J[tly 13 Orquesta D :'Gout 51,200A0 ,lury 27 RJue Vipers 51,240.00 Au~ttsl3 slang rxrr 51,240.00 Au);ui 17 1\arada Wsldeu S 2, 1, aa.ao Totnl: F7,200.00 If neyuuxtcJ l+y the CSEy additianul load inJ load out servic:eR may be provided by CCIi. 1;or tlae concorls by prwdding tu~a pet>)t1e, fora maximtuu of five h[wiry pCI conccs[- to be lurid by ibe C[1L sod invoiced acpatrdcfy from tltc f.'Cni[:es quoted sL~e~e 4. the (}~:}• of Ukiah. Load iu for srraLia for 12:OOpm earl[ day, nr earlier depeadinp on nc~ sound rcqutremrnts of t}oe act wilh fhe band Wad iu a! 3:40pm ad the smutd nhrok is fowl 4- 5 3i'rlnn. A I..L SOL1A~ CIiECKS 4.7LE 1Y~ liL t:UivlpLEIED BY 7:74am AT EJiCI I CONCERT. C. mcctla Hill beein a'. 6:ODpm sharp- C(]T. vrill possibly set u.V the sccoud [m n»xit>.G iu oUHC the hand ctmus v<~ith dwirorota sound [nan_ Detail tv911 be fircthmming. Plewwe submit daourncnt back to 1Cmie Mcrz st dte Cti[,y of LTkiah, ]40 Seminary Arc., Uliali lay 954tl2. 1ltaotk vuu. City of Ukiah will Rico provide ample oleclric:J ro{nircm:.in Sa' each wnccrt. I'r~vnienin will be mad.; un Ibc day of each Cottcut. t°C 111C,ryc Ylc1 i~tl~apcl: ~ ;A °[ yr,--3 ITEM NO: 7j MEETING DATE: July 2 2008 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL OF THE EMERGENCY EXPENDITURE OF $11,381.34 TO BALANCE HYDROLOGICS FOR ADDITIONAL DATA COLLECTION FOR THE WASTEWATER TREATMENT PLANT (WWTP) PERCOLATION POND HYDROGEOLOGIC STUDY AND APPROVAL OF BUDGET AMENDMENT In April 2007, the City contracted with Balance Hydrologics, Inc. to conduct a hydrogeologic study of the percolation ponds at the WWTP to determine if a direct hydraulic connection existed between the ponds and the Russian River and to determine the fate and transport of any pollutants from the ponds. Pursuant to the City of Ukiah Municipal Code Section 1530 this report is to inform the City Council of an emergency expenditure of $11,381.34 for additional data collection needed for the percolation pond study mandated by the North Coast Regional Water Quality Control Board (NCRWQCB). In the process of collecting data from monitoring wells for the study, seeps were observed on the river bank adjacent to the percolation ponds. It was necessary to determine the source and location of all seeps adjacent to and north and south of the ponds. (continued on Paae 21 RECOMMENDED ACTION: Receive notification of the emergency expenditure of $11,381.34 to Balance Hydrologics for additional data collection needed for WWTP percolation pond hydrogeologic study and approve amendment to the FY '07= 08 budget in account 612.3580.250.003 ALTERNATIVE COUNCIL OPTIONS: N/A FUNDING: Amount Budaeted Acct No. Additional Funds Reauested $115,000.00 612.3580.250.003 $11,381.34 Citizens Advised: N/A Requested by: Tim Eriksen, Public Works Director/City Engineer Prepared by: Ann Burck, Interim Water/Sewer Operations Superintendent Coordinated with: Jane Chambers, City Manager Attachments: N/A Approved: ~. %~-~~ iii. ~~ ; Ja a Chambers, City Manager Balance Hydrologic surveyed the Russian River for bank seeps and collected samples for general mineral analyses. Samples were also taken from the ponds and monitoring wells for comparative analysis with the bank seeps. The samples are currently being analyzed. The percolation pond study is required to be completed and submitted to the NCRWQCB by May 9, 2009 These seeps are intermittent and collecting samples when the seeps are present is important in determining if a hydraulic connection exists between the ponds and the river. If there is a direct connection, any discharge of secondary treated effluent to the ponds during the non-river discharge season (May 15 through September 30) would be a violation of the City's Wastewater Treatment Plant's (WWTP) discharge permits. The City would no longer be permitted to discharge to the ponds and would have to recycle all of the plant effluent if river discharge were not possible due to the season and/or low flow in the river. The following samples were collected: 1. Several off-site bank seeps (both east and west banks) and downstream ditch flows (GPS locations) 2. A west bank seep east of ponds (if present) other than the staff plate seep sampled on 4/1/08 (GPS location) 3. Russian River Upstream Grade Control (river walk/float put-in) 4. Russian River Downstream of Ponds 5. Russian River above Robinson Creek (river walk/float take-out) 6. South pond east end 7. Monitoring Well (MW)-4 (shallow well between south pond and Russian River) 8. MW-5 (deep well between south pond and Russian River) 9. MW-1 (up gradient well) 10. MW-2 North pond bed sampler Insufficient funds are available in account 612.3580.250.003 for these additional costs. Therefore, staff is recommending the City Council approve a budget amendment to this account in the amount of $11,381.34. ITEM NO. 7k DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD OF BID TO UKIAH ELECTRIC FOR LIGHTING RETROFIT AT CITY HALL AND UKIAH VALLEY CONFERENCE CENTER IN THE AMOUNT OF $46,825.54 In an effort to meet the City's AB2021 adopted energy efficiency program targets, the Public Utility Department in consultation with the City's Public Benefits Program consultant recommended that the City explore retrofitting various City facilities with energy efficient lighting fixtures. The AB 2021 Energy Efficiency Program Targets adopted by the City are 264 MW h and 31 kW annually resulting in ten year targets of 2, 636 MWh and 307 kW. Efficiency Services Group, LLC has recommended and estimates 97.5 MWh annual energy savings from retrofitting T-12 light fixtures to T-8 light fixtures (37% of the annual target) at City Hall and Ukiah Valley Conference Center. Continued on Page 2 RECOMMENDED ACTION: Approve the award of bid to Ukiah Electric for lighting retrofit at City Hall and Ukiah Valley Conference Center in the amount of $46,825.54. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject the award of bid to Ukiah Electric and select an alternate contractor or remand to staff with further direction. ~~L`1~1CL~ Amount Budgeted Account Number Additional Funds Requested $46,825.54 806.3765.250.005 N/A Citizen Advised: Efficiency Services Group, LLC Requested by: Public Utility Department Prepared by: Guy Mills, Project and Grant Administrator Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Director of Community/General Services, Mel Grandi, Interim Director of Electric Utility, and Mary Horger, Purchasing Supervisor Attachments: Bid Tabulation Spreadsheet ;, APPROVED ~ ~ ~~/il ~~ "w~-CL~rvz-Cv+..-~-- J~ne Chambers, City Manager With Council's approval and in accordance with City Purchasing Policies, the Purchasing Department released a request for bid (RFB) for the retrofit of energy efficient lighting fixtures at City Hall and Ukiah Valley Conference Center. During the bidding process, Staff amended the original RFB reviewed by Council to withdraw the main fixtures in the Council Chambers given the high cost to retrofit these specialize fixtures and limited use of the Chambers. Three bids were received by the deadline with Ukiah Electric providing the overall low bid in the amount of $46,825.54. A complete summary of bids is included Attachment #1 for review. The purchase will be funded by the Electric Utilities Public Benefit Fund from the Energy Efficient Rebate Program (806.3765.250.005). BACKGROUND In 1996 the State Legislature passed Assembly Bill (AB) 1890, which was California's comprehensive electric restructuring legislation. One part of the legislation requires Ukiah to collect a separate surcharge from customers to fund "public benefits" projects and programs. All municipal utilities were required to collect these charges, equal to 2.85% of gross revenues, beginning July 1, 1998. Since that time, Ukiah has been collecting and spending this revenue on appropriate programs and projects. In addition, AB 2021 requires all California publicly owned utilities (like Ukiah) to file kWh savings targets/goals with the California Energy Commission (CEC). AB 2021 required Ukiah to adopt a resolution stating these savings targets in a public forum (City Council meeting). On July 19, 2006 City Council approved an agreement with Efficiency Services Group (ESG) to re-design, implement and operate Ukiah's Public Benefits Program including reporting requirements needed to keep up with the State's ever evolving, very complex legislative requirements. In order to assist its members, the Northern California Power Agency (NCPA) hired a well known energy efficiency consulting firm, Rocky Mountain Institute (RMI) to conduct an analysis and provide projections/targets for all NCPA members. A collaborative effort among NCPA, RMI and ESG has produced energy efficiency targets for Ukiah in order to comply with AB 2021. The following targets have been established: annual energy savings of 264 megawatt-hours (MWh) and demand savings of 31 kilo-watts (kW). z C 6a t V CC ~'.. L r C d V d V C d d w C O U d jp ~ O lf1 O (O N M W O M N (D O O (O In O 7 CO f0 (p O~ ~ N Op W V O M m M C Ln 0~1 ~ -O E W CO T O M 7 7 M R O V A N N '[ ~ ~ d ~ En ~ M M N EA EA ~ O N fA (O fA V EA' W OD U N ~ H3 EA ({3 fA',, fiT J - m W . 3 U ',L U W Y d O ~b ~.__. V I~ 1~ U ~ C (~ ui O I~ V 7. W y' ~ 'i O. N lD n ln~ W O' V ~~ I , . ~ t d ~ ~ O N O M ~. u~~ 3iN ~ y a N N V V (O! ~ N ~ , I ~ . 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WLL. WLL WLL WLL WLL WLL WLL WLL W LL O W LL ~ ~~ 0 U~ U~ U~ U~ Ug U~ Ug Ug U~2 Ug 2 g g g a gg a a gao acs W ~dU W 4'LLU W d'n.U W d'd V W N ~a~ W N Q'aU W M= ~aU W~= ~aU W N ~a2 W N ~a2 c o K~ ~~ ~~ ~~ ~~ ~~ ~~~ ~~~ ~~~ ~~~ ~- F oa- ~ og>> F og F og r o g H oa- o g 0 g oa- oa- 'L H N~ H N> F N~ F N~ F ~ F J~ F U F U F J~ H J U LL~N ~~U LL~(/I LL~(n LLNf7 LLN(n LLN LLN N(n LLN(n W C l- ~~ J W ~Fm W ~Hm LL ~HJ ~H~ `° m E ~FC~ WLL ~~C7 LL ~~C7 LL ~F-C7 WLL ~ C7 ~ W ( 'J HLL F-H~ FH~ FHC7 FF.U` « C ? ~ W Z Z W Z L iZ Z LL LL LL Z LL Z 7 O 'p ~ (n ~ V 27<n R'v(A d' V (n 0'oD fn O.'7(n d' V 0 2' V'O K V (n d'c0 (n ~ .. CI c ~ Q a c y :o in d ~, m N M v ~n co i. ao rn o n m o O N m m ~ m F F J L c0 Y O U `d C ITEM NO: ~i MEETING DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: AWARD PURCHASE OF SODIUM HYDROXIDE TO OLIN CORPORATION AT THE UNIT PRICE OF $724.90 PER DRY TON FOR A TOTAL AMOUNT OF $28,996 PLUS TAX. Submitted for the City Council's consideration and action is staffs recommendation that the purchase of approximately 40 dry tons of sodium hydroxide be awarded to Olin Corporation in the amount of $724.90 per dry ton of material for a total amount of $28,996. Sodium hydroxide is used at the City's Water Treatment Plant for pH adjustment and corrosion control in the City's water distribution system. In response to the City's Request for Bids, three responsive bids were received and opened by the Purchasing Supervisor at the time set for the public bid opening. The Notice to Bidders was advertised and noticed in accordance with the City's informal bid process. The lowest responsible bidder is Olin Corporation at a base bid of $724.90 per dry ton of sodium hydroxide. Refer to Attachment 1 for the bid opening results. Funds were budgeted and are available for this purchase in the FY '07-'08 budget under account number 820.3908.520.000. RECOMMENDED ACTION: Award the purchase of 40 dry tons of sodium hydroxide to Olin Corporation at the unit price of $724.90 per dry ton for a total amount of $28,996 plus tax. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to Staff. Citizens Advised: N/A Requested by: Ann Burck, Interim Water/Sewer Operations Superintendent Prepared by: Alan Jamison, Water Treatment Plant Supervisor Coordinated with: Jane Chambers, City Manager Attachments: 1. Bid Opening Results Approved: ~;a ~~t ~i~pr~~i,(-- J ' e Chambers, City Manager ~a~y of ~ca,~ 300 Seminary Avenue Ukiah, California 95482 Attcschment # / BID TABULATION FOR May 22nd, 2008 BID OPENING Sodium Hydroxide 30% (Caustic Soda) (APPROXIMATELY 40 Dry Tons) COMPANY 1. Olin Corporation 700 Ygnacio Valley Road, Suite 250 Walnut Creek, CA 94596 2. Basic Chemical Solutions 12522 Los Nietos Road Santa Fe Springs, CA 90670 UNIT PRICE $724.90 per dry ton Approx. total: $28,996.00 $780.12 per dry ton Approx. total:$31,204.80 3. Univar USA Inc. $755.00 per dry ton 8201 South 212" Approx. total: $30,200.00 Kent, WA 98032-1994 Please note: these bids were sent to ten (10) chemical companies total. ITEM NO. 9a DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ADJUSTING FEES FOR THE UKIAH MUNICIPAL GOLF COURSE On January 28, the Parks, Recreation, and Golf Commission requested an overview and update of the Ukiah Municipal Golf Course operations and fee schedule. During the past 5 months the Commission has worked with golfers, staff, and city officials to analyze and research the golf course operations, budget and fees schedule. A draft fee resolution, included as Attachment #1, was unanimously recommended by the Parks, Recreation, and Golf Commission on June 17th. The resolution adjusts daily fees by $2 and annuals by 3% with the exception of Junior rates. The recommendation also includes an increase in the private cart permit fee from $250 to $260. Analysis of the recommended fee adjustments using current rounds and private cart permit data shows that the proposed fee adjustments will generate an estimated $42,209 in additional revenue. Continued on Page 2 RECOMMENDED ACTION: Adopt a resolution adjusting fees for Ukiah Municipal Golf Course. ALTERNATIVE COMMISSION OPTIONS: 1. Determine adoption of a resolution adjusting fees for the Ukiah Municipal Golf Course requires further consideration and remand to staff with direction. 2. Determine adoption of a resolution adjusting fees for the Ukiah Municipal Golf Course is inappropriate at this time and do not move to approve. Citizen Advised: N/A Requested by: Parks, Recreation, and Golf Commission Prepared by: Sage Sangiacomo, Director of Community/General Services and Katie Merz, Community Services Supervisor Coordinated with: Frank Johnson/Jimmy Stewart, Tayman Park Golf Group, Inc. Attachments: 1. Draft Resolution Adjusting Fees for the Golf Course 2. Fee Comparison for Ukiah Golf and Neighboring Courses APPROVED '~' :;'1 ~~ ~ ~i r~~ ~. O~_tiA_%i_-- JaM Chambers, City Manager The fee adjustments recommended by the Commission are supported by staff and the Golf Pro. While balancing the course budget is important to maintaining the operation as an enterprise fund, drastic fee increases have the potential to disenfranchise customers and have a negative impact on operations. Thus, fee increases need to be carefully considered and done in incremental steps. Staff and the Golf Pro believe the fee adjustments recommend by the Commission are reasonable and will have a positive impact on sales. In a continued effort to solicit community input, staff has noticed this public hearing in the Ukiah Daily Journal on Saturday June 21St and June 22"d, distributed copies to the three golf clubs, and posted the draft resolution at the course. The Commission and staff recognize that this adjustment alone may not be sufficient to offset current expenditure levels and additional recommendations forfeeincreases may be necessary in the near future. Furthermore, it should be recognized that fee increases are just one piece to the puzzle to balancing the golf budget. Other potential cost saving measures that are actively being pursued include increasing the number of rounds played, development of onsite water sources, expanding food/beverage services, development of a driving range, and continued partnership with the local golf clubs to undertake improvement projects. Every effort has been made over the years to maintain as lean an expenditure budget as possible in order to keep fees affordable and operate the course as an Enterprise Fund as directed by Council. Staffing levels are at an absolute minimum to maintain the quality of play required at the course and maintenance expenditures have been reduced to only essential operations. In this past fiscal year the Golf Supervisor retired and that position was eliminated and replaced with a Leadworker, further reducing salary expenditures. In addition, the City has been successful in operating the course more efficiently including decreasing cost for administration and refinancing the loan for the purchase of the back nine. z Attachment #1 RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADJUSTING JUNIOR FEES FOR THE UKIAH MUNICIPAL GOLF COURSE WHEREAS, the City of Ukiah operates and maintains the Municipal Golf Course for the use of the Ukiah community and general regional area; and WHEREAS, the City Council may from time to time consider fee adjustments in order to continue operation of the Golf Course in a fiscally responsible manner; and WHEREAS, said fee adjustments have been made available for public review. NOW, THEREFORE, BE IT RESOLVED that the following rates are hereby established for the Ukiah Municipal Golf Course: Daily Fees Weekday Daily Fees Weekend Fee Cateaorv Monday -Thursday Friday -Sunday. and Holidays A. 18 Holes $25.00 $29.00 Senior $21.00 Junior $12.00 B. Twilight Adult $21.00 $23.00 Twilight Junior $12.00 C. 9 Holes $19.00 $21.00 (Subject to some restrictions prescribed by the Golf Pro) D. Annual Greens Fees* Unlimited Adult $1,545.00 Unlimited Adult Couple $2,060.00 Unlimited Senior $1,339.00 Unlimited Senior Couple $1,854.00 Unlimited Junior $ 500.00 Limited Adult $1,236.00 Limited Couple $1,648.00 Limited Senior $1,030.00 Limited Senior Couple $1,545.00 Limited Junior $ 300.00 E. Annual Private Cart Permit Fee* $ 260.00 *Fees are non-transferable and non-refundable. F. Definitions Twilight Applied after 12:00 p.m. Pacific Standard Time or 1:00 p.m. Daylight Savings Time Unlimited Annual: Valid seven days per week Limited Annual: Valid Monday through Friday and after 1:00 p.m. on weekends and holidays Couple: Couple is defined as either a married couple with a legal marriage license or a domestic partnership with a legal declaration in accordance with Family Code Section 297. Senior: Senior is 60 years and older. Junior: Junior is 17 and under. PASSED AND ADOPTED this 2nd day of July, 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda Brown, City Clerk a rn f M M ° N ~ N N O N ~ N w - M V3 M v . f 0 ~ y h E - di 'dj U3 fA V ~ N d p ~ . . . ,. ' ' E n ~[ ~n~ N ~ ~ mv o o ~ = ~ ~ W ~ N O M' L r ~ ~ EA fA v ' ( ) . U ~ ~ . fQ oD ~ fA f» EH fA F o i N Q r N~~ O O '000 O ~ p' p _ ~ EA ~ ~ a C 1 N'. fD o _- _ _- _ to y E ~ ~ ~~ t ~ A LL I . ~ , I Y M.O,N.O.p. N SO 0 0 0 _ N ° 0 O ' 1~ ~ HV3 fA fA.f9 fA m M N N i0 O O 3 ~ '~.. ~ r fA fA EA'. fA', N E N N ~ N M N ~ N I ' t i fA E9. M V3 fA 'H3 , O I O 3 OO r.N. N r r 00 L ~ I r OI OO ~p ~ ~ N MN~N ko ~N ~ tH W'',fA f9 o L O d ~ ~' ~ LL 3 ~ ,, » . '~ '~ N M r op r M r '. r O I O O ~ O ~ M fA M M MfA M a OIO 010 L`u 43 fA to fA 43 EA '. a L O,O V'.C t+ v n N (V I N1 Z EN ~. '~ KJ f0 r r. OJ O r.N. ~O. ~ : ° O.O ~.O OI _ M N fA N N N f9 N ' ~ - ° 0 0 0 0 ~( 9 EA Vi fA fA fA. EA . fA c LL~ ~ M O O - O'u ' IN NM ~y ~ LL V3 fA fH.fH Q f ' N w ~ i M ° ~ . ' n » ~ .. 'L a ' '. O N ry M N '~ N i ~ w in «, e> H, ' y . O m; ° M o LL ' - - - ' '~ R' .~no o' r o o v o .~ u~ o~~no ~n ~ ~ MN N N N rrn r W r rn~ O)I ' ' ' (Q EAfA M fA fA EA. l9 M~. ~N (O M ~IJ O r . . QI ~ a 'N N'M IN N N T fA fA d3 H3fA fA.fA Hi ,, 0 3 ~ ~ U M fA fA EA ~O H3 M fA fA '. '. d 3 '., ! LL w . . , . . . ,F ~ O f9 N O ~ N U3 fA M EA (A C o ~ V LL C ~.~ 3 N i0 O N N O (O O V O' O' (V~ M, ' M N N fA FA fA fA M.N fA N Vi'.fA N ffl EA O) N r N f0 N V. O'. ~ o N (V .- fVl V3 f9 to » '~ » ~ 3 'I I ~. ~. ° » v w d x ~ y C a ~n ~ ~ ~. ~ ~ ,o o. ~ to o~~ O''.o-o ao ~ ~ ~- M m '.~ to r o o'. ' o o u~ ~ a u ~ e> '.M ~rn ~ ~. m 'r ~ ~» I L ' d '. t I ' al w ' ' ~ m v s'. n E , c ~ ~ ,, ` t w m ~' °' 3 3 ~ a~ ~ m m ~, ~ 3 3 '' m y ' ' h a w o m . v d ,. o '. ~ o _ . . d d W N E ~ ~ d i+ pIL O ~ p p".. 0., ~, O. Q d oio o ym O m E E ' 0I p ` "O -O D = = V O O ~ 9 ' L ~ ] O O OlO N 0 ~I ` ~ I Of C '. O'.O O C a ~ ' ' .D O m ' n ' C I y o ~ p ~ ~c 3a N ~ a~i ~ 3 m w d. __ C . a ~ c ~ mw y,m c~,c ' ~. . a K W ~Hm ~' d'N.~F U anL' Q o U C anl~¢am W N d h'.w ~'~.. mim ITEM NO: l0a DATE: July 2, 2008 AGENDA SUMMARY REPORT SUB]ECT: STATUS REPORT CONCERNING THE ACTIVITIES OF THE PATHS, OPEN SPACE AND CREEKS COMMISSION SUMMARY: The purpose of this agenda item is to update the City Council on the activities of the Paths, Open Space and Creeks Commission. The Commission has been working on two major projects - the City-View Trail proposal and the Creek Maintenance Policies and Procedures. CityView Trail: The Commission has been exploring and discussing the concept of constructing a hiking trail on City-awned property between Low Gap Park and the City Golf Course. In late 2007, the Commission, with City Council support, applied for and received a small grant to design and construct the trail provided a number of issued could be resolved. These issues included fire protection and emergency services access, trail maintenance, and liability. The Commission has been working with the City Fire Marshall and Community Services Staff to discuss these issues and develop a menu of potential solutions. The Fire Marshall hiked the trail with Commission members and Staff to gain first hand knowledge of the trail and to discuss fire protection and emergency response issues. Additionally, the Commission invited adjacent and nearby property owners to an informal meeting to discuss the conceptual route and to identify issues. One property owner, who could not attend, submitted written comments expressing concern about fire, trespassing and vandalism. Two other property owners did attend the meeting and expressed the same concerns. (continued on page 2) RECOMMENDED ACTION: Receive Report. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: Paths, Open Space and Creeks Commission Requested by: Paths, Open Space and Creeks Commission Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager Attachments: 1. Map of Conceptual CityView Trail Route 2. Draft Creek Maintenance Policies and Procedures (Previously Distributed) t APPROVED: ` (,~ tit C~-~ c<. > ~: ~.E c Jan~Chambers, City Manager 1 As a next step, the Commission has offered to meet interested property owners on their properties and/or on the conceptual trail route to further discuss the fire, trespassing and vandalism issues. Once the issues have been thoroughly discussed and potential solutions identified, the Commission will finalize a conceptual route and project proposal, and schedule a discussion with the City Council. The Commission will maintain communication with adjacent and nearby property owners. If the project moves forward, Staff will then conduct environmental review to comply with the California Environmental Quality Act. Creek Maintenance Policies and Procedures: At the direction of the City Council, the Commission has been preparing policies and procedures for creek maintenance activities. This direction was prompted by citizen concerns regarding how the local creeks were being maintained for flood control purposes. The primary concern centered on the amount and type of vegetation that was being removed and that the health and ecology of the creeks were being damaged. The POSCC worked closely with the City Department of Public Works, Department of Planning and Community Development, the Community Services Department, and the Friends of Gibson Creek. Information was gathered about how the work crews performed the vegetation removal, how they were supervised, what the City's needs were for flood control, and what other communities were doing to manage and maintain creeks. The POSCC members reviewed the City's General Plan, Creek Master Plans, State Department of Fish and Game rules and regulations, and other documents in an effort to understand the big picture in regard to local creeks. They also toured one of the creeks with a lead crew member from the Department of Public Works to hone in on how the crews operated and to learn more about the need to control flood waters. The draft document has been released for public review and comment. Once all comments are received, the POSCC will discuss the comments, prepare recommendations to the City Council, and schedule the document for consideration by the Council. Joint Meeting with Planning Commission: The POSCC recently meet in joint session with the City Planning Commission to get acquainted, learn each Commissions roles and responsibilities, and discuss common interests. The meeting was positive and productive and was conducted as a workshop to allow the public to participate. It is anticipated that additional joint meetings will be conducted in the future. 2 Attachment # ~-<- ITEM N0. lOb DATE: Julv 2, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE AMENDING CHAPTER 7, DIVISION 6 OF THE UKIAH CITY CODE, GOVERNING ENCROACHMENTS IN THE PUBLIC RIGHT OF WAY AND THE ISSUANCE OF ENCROACHMENT PERMITS SUMMARY: The City Council introduced this ordinance at its meeting on June 18, 2008. Because two City Council members did not attend that meeting, it is placed under Unfinished Business rather than on Consent Calendar for adoption. As previously explained, the ordinance will provide express authority for encroachment permits, beyond what is currently covered by the City Code, and will require insurance as a condition of issuing those permits to comply with Government Code Section 53080.5. Please refer to the Agenda Summary Report for the June 18 City Council meeting for further details. Staff recommends adoption of the attached ordinance. A resolution establishing a fee for encroachments permits will be presented for adoption by the City Council before this ordinance becomes effective. (continued on page 2) RECOMMENDED ACTION: Motion to adopt the ordinance ALTERNATIVE COUNCIL POLICY OPTION: Discuss and direct staff to revise the ordinance for later introduction. If ordinance revised, it will be brought back for adoption at a subsequent meeting. Requested by: City Attorney Prepared by: City Attorney Coordinated with: Public Works Director Attachment: Attachment 1-Ordinance Approved: ~~~'-~ ~~, /',y,~~, J Chambers, City Manager Introduction of ordinance -continued Attachment i ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING CHAPTER 7, DIVISION 6 OF THE UKIAH CITY CODE, GOVERNING ENCROACHMENTS IN THE PUBLIC RIGHT OF WAY, BY DIVIDING SAID CHAPTER INTO ARTIGLE 1, GOVERNING THE REMOVAL OF UNAUTHORIZED ENCROACHMENTS FROM THE PUBLIC RIGHT OF WAY AND ARTICLE 2, GOVERNING ENCROACHMENT PERMITS. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Chapter 7 of Division 6 of the Ukiah City Code is amended to read as follows: DIVISION 6: SAFETY CHAPTER 7: ENCROACHMENTS IN THE PUBLIC RIGHT OF WAY ARTICLE 1 REMOVAL OF ENCROACHMENTS 5600: DEFINITIONS: As used in this Chapter 7, the following terms shall have the following meanings A. "Public right of way" includes all or any park of the entire width of a right of way granted to the City, whether in fee or as an easement, for sidewalk, highway, roadway, drainage, utility or other public purposes, whether or not such entire area is actually used for such purposes. B. "Encroachment" includes any structure or object of any kind or character placed, without the authority of law, either in, under or over any public right of way, including vehicles or equipment designed to operate from a fixed or stationary position. 5601: REMOVAL OF ENCROACHMENTS; NOTICE TO REMOVE; SERVICE OF NOTICE: If any encroachment exists in, under or over any public right of way, and is not encroaching in accordance with a permit issued pursuant to Article 2 of this Chapter, the City may require the removal of such encroachment in the manner provided in this Chapter. Notice shall be given to the owner, occupant or person in possession of the encroachment, or to any other person causing or suffering the encroachment to exist, by serving upon any such person a notice containing a demand for the immediate removal of such encroachment from within such public right of way. Any such notice shall describe the encroachment complained of with reasonable certainty as to its character and location. The notice shall state that the encroachment must be permanently removed from the \\Cou-srv03\shared\Adminisiration'~Agendas & ASRs\Ju12 Regular Agenda\ASRencroachmentOrdfnance.doc Page 2 Introduction of ordinance -continued public right of way within five (5) days from the date of the notice. If not removed within said five (5) days, City personnel will remove the encroachment. The costs of its removal and its storage or other disposition shall be imposed on the recipient of the notice. If the recipient disputes the City's right to remove the encroachment, he or she must, within the same five (5) day period, file a written protest with the City Manager. The City Manager's decision shall be rendered within two (2) days of its receipt and shall be final for the City. The party opposing the removal shall have the right to present written or oral testimony or argument in support of his or her protest and the City Manager shall base his or her decision on the evidence and argument presented prior to his or her decision. In lieu of personal service upon such person, service of such notice may also be made by registered mail and by posting, for a period of five (5) days, a copy of the notice on the encroachment described in the notice. In the case of an owner, occupant or person in possession, who is not present in the City, the notice may be given to his agent in lieu of service by mailing and posting. In the case of a business, notice may be delivered to a person apparently in charge of the business premises during normal business hours. 5602: SUMMARY REMOVAL BY CITY: The City may immediately remove from any public right of way any encroachment which A. Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, prior to the expiration of five (5) days from and after the date of the notice required by §5601; or B. Obstructs or prevents the use of such right of way by the public and presents a hazard that cannot be allowed to continue for a period of five (5) days; or C. Consists of refuse, or D. The ownership of which can not be readily determined. Upon such removal, the City, at its option, may 1) return the encroachment to its owner, 2) store it at the owner's expense, in which case the City shall have a lien on the encroachment equal to its reasonable storage costs, or 3) dispose of it in any other manner it deems appropriate. 5603: REMOVAL BY CITY ON FAILURE TO COMPLY WITH NOTICE; ACTION FOR RECOVERY OF REMOVAL EXPENSE: The City may remove any encroachment on the failure of the owner to comply with a notice or demand of the City under the provisions of §5601 of this Code and shall have an action to recover the expense of such removal, costs and expenses of suit, including reasonable attorneys' fees and, in addition thereto, the sum of one hundred dollars ($100.00) for each day such encroachment remains after the expiration of five (5) days from the date of the notice. \\Cou-srv03\shared\AdministrationWgendas & ASRsUUl2 Regular AgendaWSRencroachmentOrdinance.doc Page 3 Introduction of ordinance -continued 5604: ABATEMENT ACTION; RECOVERY OF PENALTY, COSTS, AND EXPENSES: If the owner, occupant, or person in possession of the encroachment, or person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment, or refuses to remove or permit the removal of the encroachment, the City may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgment is recovered by the City, said judgment shall include, in addition to adjudging the encroachment a nuisance and abating it, statutory damages of one hundred dollars ($100.00) for each day such encroachment remains after the service of the notice in the manner provided in §5601, and shall also include the City's costs and expenses incurred in such action, including reasonable attorneys' fees. ARTICLE 2. ENCROACHMENT PERMITS 5610: ENCROACHMENT PERMIT AUTHORIZED: The City Engineer, acting as the Superintendent of Streets, is hereby authorized to issue encroachment permits to authorize temporary encroachments within the Public Right of Way, subject to the provisions of this Article 2. 5611: PERMIT APPLICATIONS: Any person, business or entity which proposes to encroach on the public right of way may apply for an encroachment permit, provided that the applicant has sufficient capacity and control over the encroachment to comply with any permit conditions imposed by the City Engineer pursuant to Section 5612. The City Engineer is authorized to determine whether an applicant demonstrates such capacity and control. The applicant shall use an application form adopted by the City Engineer, which may require the applicant to sign an agreement to comply with any conditions imposed pursuant to Section 5612. The City Engineer may adopt such written procedures as he or she deems appropriate governing the application for and the issuance of encroachment permits, provided that those procedures do not conflict with this Article 2. The City Engineer may charge a fee to accept and process an application for an encroachment permit. The amount of the fee shall be fixed by a resolution adopted by the City Council. The City Council may revise the fee from time to time to account for inflation and to assure that the fee equals, but does not exceed, the City's actual costs associated with processing the application and regulating the activity authorized by the permit. 5612: PERMIT CONDITIONS: The City Engineer may impose such conditions as he or she deems appropriate and which are reasonable to protect the health, safety and property of the City and the general public. At a minimum, the permit shall require the permittee to indemnify and defend the City against any damage to persons or property, including public property, arising out of the \\Cou-srv03~shared44dministration\Ageadas & ASRsVuI 2 Regular Agenda\ASRencroachmentOrdmance.doc P&ge 4 Introduction of ordinance -continued activity authorized by the permit and to furnish such certificates of insurance and policy endorsements as are determined by the City Engineer to evidence adequate insurance coverage to protect the City and the general public from the risks reasonably associated with the activity authorized by the permit. 5613: APPEALS: An applicant for a permit who objects to any condition or determination of the City Engineer may appeal that decision to an appeals board consisting of the City Manager and two members of the City Council appointed to the board by the City Council. The applicant waives his or her right to an appeal unless he or she files a written request for an appeal with the City Clerk within ten (10) days of the date he or she received written notice of the decision or determination he or she wants to appeal. To avoid a waiver of the right of appeal, the written request must adequately describe the decision or determination, the reasons why the applicant objects to it, and the remedy sought. The board shall conduct a hearing on the appeal within ten (10) days after the City Clerk receives the appeal. The City Manager, in consultation with the other board members, may extend the hearing date for good cause. The board shall electronically record the hearing and preserve the recording for not less than 120 days. The board may adopt such rules to govern its conduct of the hearing as it deems appropriate, provided that the applicant shall have a reasonable opportunity to present evidence and argument to the board and the board announces its decision to the applicant either orally or in writing. The City Engineer shall have an opportunity to present evidence and argument during the hearing. The board shall have discretion to refer the appeal to the City Council rather than decide the appeal itself, in which event the City Council shall consider the appeal at its next regularly scheduled meeting that takes place not less than ten (10) days from the date of the referral, unless the City Council extends the meeting date for good cause. A decision by the board or the City Council shall be based exclusively on the evidence and argument submitted during the hearings and the decision shall be final for the City. SECTION TWO 1. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 2. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on June 18, 2008, by the following roll call vote: UCou-srv03\shareA~Adminisrra[ionAAgendas & ASRsUul2 Regular AgendaAASftencroachmentOrdinance.doc PdgC 5 Introduction of ordinance -continued AYES: Councilmember Thomas, McCowen, and Mayor Crane NOES: None ABSENT: Councilmember Rodin and Baldwin ABSTAIN: None Adopted on , 2008, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Douglas F. Crane, Mayor ATTEST: Linda Brown, City Clerk P~Cou-srv0}~hareA~Administrntion~,4gendas & ASRsV u12 Regular Agenda~ASRencmachmentOcdinance.doc Page 6 ITEM NO. 11a DATE: July 2, 2008 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION OF INTENTION AND FIRST READING OF ORDINANCE FOR THE PUBLIC SAFETY -FIRE PERS GROUP TO AMEND THE PERS RETIREMENT CONTRACT As agreed upon in the 2005 - 2008 Memorandum of Understanding between the City and the Fire Unit, the Public Safety Fire PERS retirement contract will be amended to provide the 3% @ 55 benefit enhancement no later than September 30, 2008. Fire Unit employees pre-paid the estimated 7.2% cost for this enhancement in lieu of salary increases over the course of the current MOU term, in order to be cost-neutral to the City. In accordance with PERS regulations, disclosure of the cost for adoption of the 3% @ 55 plan amendment, as documented in the PERS actuarial valuation, is as follows: 1. Change in the Present Value of Benefits $686.562 2. Change in the Accrued Liability $516,707 3. Change in the Total Employer Rate (2009- 2010) 6.523% Staff requests adoption of the attached Resolution of Intention and a first reading of the Ordinance, by title only, approving the proposed amendment to the PERS Public Safety- Fire Only Coverage Group PERS Contract for the 3% at 55 retirement benefit no laterthan September 30, 2008. The final reading and adoption of the Ordinance will follow at the August 6, 2008 Council Meeting. RECOMMENDED ACTION: Council to adopt the Resolution of Intention to Approve An Amendment to Contract and read, by title only, the Ordinance approving the amendment to the PERS Public Safety -Fire Only Contract for the 3% at 55 Retirement Benefit to be effective by September 30, 2008. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Do not adopt resolution. 2. Refer to Staff for amendments. Requested by: Fire Bargaining Unit Prepared by: Melody Harris, Human Resources Director Coordinated with: Jane Chambers, City Manager Attachments: 1. Resolution of Intention to Amend PERS Fire Only Contract 2. Ordinance Authorizing Amendment to PERS Fire Only Contract 3. 2005-2008 Fire Unit MOU APPROVED: '~~ z d~C ~ /.-c~ >- ~~ C L-+: ~ ~- Jar~ Chambers, City Manager 3:MOUW SRFire3@55Resofl nt Attachment # RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF UKIAH WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21363.1 (3% @ 55 Full formula) for local fire members only. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By: Douglas F. Crane, Mayor Attest: Linda C. Brown, City Clerk Date adopted and approved Ayes: Noes: Absent: Abstain: (Amendment) CON-302 (Rev. 4/96) li,, CalPERS EXHIBIT California Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of Ukiah ~~ The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective August 1, 1962, and witnessed June 4, 1962, and as amended effective January 1, 1973, January 2, 1983, June 30, 1992, May 7, 1999, November 8, 1999, October 5, 2002, October 12, 2003 and May 8, 2005 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective May 8, 2005, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members, age 55 for local fire members and age 50 for local police members. ~, c "~^E CO C~~`' I ~l~pj "E;~~i3i i ~'~~ ~_± , ;v a u~,~; 2. Public Agency shall participate in the Public Employees' Retirement System from and after August 1, 1962 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after October 12, 2003 shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 6. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment on or after October 12, 2003 shall be determined in accordance with Section 21354.5 of said Retirement Law, subject to the reduction provided therein -for service prior to December 31, 1982, termination of Social Security, for members whose service has been included in Federal Social Security (2.7% at age 55 Full and Modified). -,:nr iii 4A4 '• ! uit.M1a `i Lf l{~IIL~I ~.: .... e..f'lt~.~~~ {4.. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local police member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 9. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 20965 (Credit for Unused Sick Leave). c. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. d. Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). e. Section 20516 (Employees Sharing Cost of Additional Benefits): Section 20042 (One-Year Final Compensation); Section 20965 (Credit for Unused Sick Leave); and Sections 21624, 21626 and 21628 (Post-Retirement Survivor Allowance). From and after January 2, 1983 the safety employees of Public Agency shall be assessed an additional 1% of their compensation for a total contribution rate of 10% pursuant to Government Code Section 20516. f. Section 21024 (Military Service Credit as Public Service). g. Section 20503 (To Remove the Exclusion of Employees Who are Paid on an Hourly, Per Diem, or Weekly Basis While Being Employed on a Temporary, Emergency or Seasonal Basis, Prospectively from November 8, 1999). h. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. Y } ~i ~ _, r L~~~ 10. Removal of the exclusion of "Employees Who are Paid on an Hourly, Per Diem or Weekly Basis While Being Employed on a Temporary, Emergency or Seasonal Basis", pursuant to Section 20503, is declarative of agency's previous interpretation and does not mandate any new classes of employees into membership. 11. Public Agency, in accordance with Govemment Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 2, 1983. Accumulated contributions of Public Agency shall be fixed and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided'in Government Code Section 20834. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local police members. c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of y 5~'. BOARD OF ADMINISTRATION ,~ (?_. PUBLIC EMPLOYEES' RETIR~[ufENT`$YSTEM r , r`~~tC .r ~\~ BY ~ `~ LORI MCGA~iTLAND, CHIEF EMPLOYL~t,$ERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF UKIAH SY PRESIDING OFFICER ,.f ~°;:.* M1 'J ~~; .~~ ,tit' ,,. A ~` w;. ~~ Wi~,2e'ss.Date -.,-. A~test: Clerk AMENDMENT ER# 0485 PERS-CON-702A (Rev. 10W5) Attachment # Z- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF UKIAH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. The City Council of the City of Ukiah does ordain as follows: Section 1. An amendment to the contract between the City Council of the City of Ukiah and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor of the City Council is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall become effective thirty (30) days after the date of its adoption, and prior to the expiration of ten (10) days from the passage thereof shall be published as required by law in the Ukiah Daily Journal, a newspaper of general circulation, published and circulated in the City of Ukiah and thenceforth and thereafter the same shall be in full force and effect. Introduced by title only on July 2, 2008, by the following roll call vote: AYES: NOES: ABSENT: Adopted on August 6, 2008, by the following roll call vote: AYES: NOES: ABSENT: Douglas F. Crane, Mayor Attest: Linda Brown, City Clerk 3:4nou\PE RS3@55FireOrd Attachment # MEMORANDUM OF UNDERSTANDING 2005 - 2008 This Memorandum of Understanding is entered into pursuant to the Meyers-Millias-Brown Act (California Government Code Section 3500, et. seq.) and applicable ordinances and resolutions of the City of Ukiah, between the City of Ukiah (hereinafter City) and the Fire Unit (hereinafter Unit). As a result of meet ahd confer sessions, the City and Unit have agreed to the following understandings. Term The term of this Agreement shall be three years, effective October 1, 2005, through September 30, 2008. 2. Salary a. Effective the first full pay period in October 2005, the base salary of represented employees in the Fire Unit shall be increased by 1.5%. b. Effective the first full pay period in October 2007, the base salary of represented employees in the Fire Unit shall be increased by 1.5%. 3. Health Insurance Contribution Converted to Flex Dollars The City's current health insurance contribution of $550.60 per month shall be converted to flex dollars and increased by $35.00 to $585.00, retroactive to October 1, 2005. Any unused portion of flex dollars will be added into salary. Effective on the first full pay period in December 2006, the Fire: Unit employee's flex dollars will be increased by $25.00 to $610.00 per month. Effective on the first full pay period in December 2007, the Fire Unit employee's flex dollars will be increased by $25.00 to $635.00 per month. 4. Compensatory Time Off (CTO) Effective the first full pay period after adoption of this Memorandum of Understanding, the curzent maximum accrual of 48 hours shall be increased to 72 hours. Employees may buy- out up to 48 hours of CTO two (2) times per fiscal year, at the 56-hour rate (98-99). Out of Class Pav Effective the first full pay period after adoption of this Memorandum of Understanding, Out of Class Pay will be increased by $10.00 per shift. 6. Paramedic Stipend Effective the first full pay period after adoption of this Memorandum of Understanding, the Paramedic Stipend will be increased from $300.00 to $325.00 per month. Haz-Mat Specialist Pay Effective the first full pay period after adoption of this Memorandum of Understanding, the Haz-Mat Specialist Pay shall be increased from $100.00 to $125.00 per month. 8. PERS Retirement The City and the Fire Unit agree to implement the 3% @ 55 PERS Plan, effective September 30, 2008, with the estimated average cost agreed to by both parties of 7.2%, in lieu of salary increases during the term of this agreement. In the event legislation is enacted affecting implementation of the 3% @ 55 formula for members of this Unit, the parties agree to meet and confer immediately to address the impact of such legislation upon implementation of this provision. Work Schedule The City agrees to implement, on a twelve (12) month trial basis, a work schedule commonly referred to as "48/96". Implementation of the twelve month trial period is targeted for July 1, 2006, but subject to the following: a. A written plan must be prepared and agreed to by the Fire Chief, City Manager, and the Ukiah City Firefighter's Association. This written plan must address all provisions and protocols including, but not limited to: residency, shift trades, overtime, call backs, leave accruals. Information received from comparably sized 1-station fire departments who have implemented the 48/96 schedule to be included. b. The written 48/96 Plan must be approved by all parties, prior to implementation. 10. Educational Incentive Program The City and the Fire Unit agree to meet and confer on the Educational Incentive Program provisions during the term of this Memorandum of Understanding. 11. Continuation The City and the Unit agree that all conditions of employment established by City policy, including all conditions affecting wages, hours, and working conditions that are not specifically addressed in this Memorandum of Understanding shall continue in effect and shall not be affected by the terms of this Memorandum of Understanding. The value or availability of the benefits provided in the Memorandum of Understanding as originally worded or as amended from time to time may depend on their tax treatment by the state or federal government or the decisions of other govemment agencies or departments, such as, but not limited to, the Public Employees Retirement System. The Citywill endeavor to obtain the most favorable treatment legally possible from these other governmental entities. However, the City makes no representation concerning the value of such benefits to unit members or how they will be taxed or otherwise treated by other agencies or departments. The City's obligations under this Memorandum of Understanding are limited to the direct cost of providing the salary and benefits as described in the Memorandum of Understanding. The City shall have no additional financial obligation, even if the tax or other treatment of such Salary or benefits by other agencies or departments reduces or eliminates their value to the employee. The City will meet and confer with the Fire Unit regarding the impact upon salary and benefits. This Memorandum is ratified and adopted pursuant to the recommendations of the following representatives this f~ day of Lh7~,! , 2006. CITY OF UKIAH Candace Horsley, City Man ger City of Ukiah Representativ FIRE UNIT ~~~ ~+.~i w. G w. ~ -~I ZE~~O to Skip Williams -T Union President, Local 3686 3:MOUVFIRE05-08 RESOLUTION NO.2006-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE FIRE UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the FIRE UNIT; and WHEREAS, a Memorandum of Understanding for the term of October 1, 2005 - September 30, 2008 has been arrived at; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that this Memorandum of Understanding is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement. PASSED AND ADOPTED this 19th day of April 2006, by the following roll call vote: AYES: Councilmembers Crane, McCowen, Rodin, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTAIN: None <Ashiku, Mayor ATTEST: / 6 %~!~GL~ Z~C~G~ie.J Marie Ulvila, City Clerk Resolution No. 2006 - 52 Page t of t ITEM NO: ~~~ DATE: Julv 2, 2008 AGENDA SUMMARY REPORT SUB]ECT: NOMINATION AND APPOINTMENT OF PLANNING COMMISSIONER TO REPLACE COMMISSION MEMBER KEN ANDERSON SUMMARY: Due to health issues, Commissioner Ken Anderson has formally resigned from the City Planning Commission. Mr. Anderson was appointed by Councilmember Baldwin and therefore according to the Planning Commission appointment procedures contained in the Ukiah City Code (Attachment No. 1), Mr. Baldwin must nominate a replacement to serve the remainder of Mr. Anderson's term, which expires in November, 2009. In order for Mr. Baldwin's nomination to be appointed, it must be approved by a majority vote of the City Council. RECOMMENDED ACTION: 1) Mr. Baldwin nominate a replacement for Planning Commission Anderson; and 2) City Council vote on the nomination. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Linda Brown, City Clerk Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: ]ane Chambers, City Manager Attachments: 1. Section 1151 of the Ukiah City Code (Planning Commission Members -Appointments) APPROVED: ~ .!~ tu- ~ft<l 1;.2G_ / ~, , Jane Chambers, City Manager Attachment # -~" 1151: MEMBERS; APPOINTMENT: Said commission shall consist of five (5) members who shall be registered voters of the city. At or near the beginning of his or her four (4) year term of office, each member of the city council may nominate one commissioner who shall be appointed to the commission, if approved by a majority vote of the city council. Each commissioner's term of office shall coincide with the four (4) year term of office of the city council member who nominated him or her, regardless of whether that city council member serves his or her full four (4) year term. If a commissioner vacates his or her office before the expiration of his or her term of office, the city council member who nominated that commissioner (or a city council member elected or appointed to fill the remaining unexpired term of office of the city council member who appointed the commissioner) may nominate a replacement to serve the remainder of that commissioner's term of office, who shall be appointed, if the nomination is approved by a majority vote of the city council. If a city council member's nomination receives less than a majority vote, he or she may nominate additional candidates, one at a time, until one of them is appointed by a majority vote of the city council. Commissioners shall be nominated and voted upon at a single city council meeting, unless a different procedure is approved by a majority vote of the city council. If a city council member fails to nominate a commissioner within sixty (60) days after the vacancy occurs, a majority of the city council shall fill the vacancy following the procedure used to appoint members to other city commissions and boards. (Ord. 396, §1, adopted 1947; Ord. 632, §1, adopted 1973; Ord. 710, §1, adopted 1978; Ord. 718, §5, adopted 1978; Ord. 958, §1, adopted 1995; Ord. 1055, §1, adopted 2004; Ord. 1085, §1, adopted 2006; Ord. 1094, adopted 2007) ITEM NO: 11c MEETING DATE: July 2 2008 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO MAKE PREPAYMENT OF CALPERS 2008/2009 CONTRIBUTION Background: At the June 25, 2008 Council meeting, the City Council provided direction to staff with regards to the development of the 2008/2009 General Fund Budget. One of the option items approved was the pre-payment of the 2008/2009 CaIPERS contribution. Attached is a break-down of the original PERS expense Calculation for each of the funds involved. This information has been prepared subsequent to yesterday's approval of the pre-payment option. The primary driver of pre-payment was to achieve savings in the general fund and public safety fund, in order to address the projected 2008/2009 deficit in these funds. However, the savings of pre-payment will positively impact other funds as well. Discussion: The Finance Director has identified all funds from which the cash to make the pre-payment will be drawn, and indicated in the chart the net 2008/2009 budget reduction ( savings) for all funds. Continued on oage 2 RECOMMENDED ACTION: Authorize the City Manager to make Pre-payment of CaIPERS 2008/2009 Contribution in the amount of $2,193,828, or as adjusted by any further calculation as actual check is prepared. ALTERNATIVE COUNCIL OPTIONS: N/A Citizens Advised: N/A Requested by: Prepared by: Jane Chambers Coordinated with: Gordon Elton Attachments: CaIPERS Prepayment Calculation for FY 08/09 ,~ /~/. Approved: ~ '~ l,,l C,/ i ~ / 1 r_ ~~l / / Jane Chambers, City Manager The actual check written to Ca1PERS, which must be received on ar before July 15, 2008, is $2,193,828. Council may recall that as part of the MOU settlements with unions, employees have been contributing towards pre-payment of the increased benefits received, and $400,723 will be provided for the pre-payment from the Trust Fund of employee contributions Account 940 as shown in the chart. Overall, the City will save $404,923 by making the pre-payment. Although this savings is substantial, and will provide significant relief in the Genera( Fund for the 2008/2009 year, the practice ofpre-payment is not necessarily something that should be put into practice for future years. The savings and costs associated with pre-payment are subject to a number of calculations and adjustments, and must be considered on a case by case basis for each fiscal year Attachment # I CALCULATION OF CaIPERS PREPAYMENT FOR FISCAL YEAR 2008/2009 Fund # 'Fund Name Original PERS Expense Calc PERS 'Adjustment PERS Pre- Pa ment Lost Interest Income Net Budget Reduction 100 1 ,General Fund _ $ 446,220 $ (88,131) $ 358,089 $ (8,057) $ (80,074) 05 Public Safety Fund - - $ _ ~ 973,281 $ ~ (116,5_46) $ 856,735 - $ (20,560) $ ) (95,986 220 Parking - I - 7,463 $ (1,474) $ - 5,989. $ (135)L$ (1,339) 410 575 Conference Center _ Ga a e 9 $ 13,100 18 704 $ $ _ (2,585) 3 693 $ $ - 10,515 1 $ (237)i $ -_ (2,348) P ~_ , 2 , ) ( _ 15,01 _ $ (338) $ (3,355) 600 Air ort $ 18 94 $ (3_744) $ 15,198 $ _ _ (342) $ (3,402) 612 660 Sewer _ Dis osal Site P $ $ 148,877 2 076 $ ~ $ (29,435 ) 407 $ $ 119,442 $ (2,687$ (26,748) _ ~ , ( ) 1,669 $ (38) $ (369) 678 !iDispatch $ - 50,762 --- ' $ (9,555) $ 41,207 $ (1,672) $ _ (7,883) 695 - 696 'Golf -- Purchasing $ - ~ $ 24,319 - 21 006 - $ $ (4,802 ) (4 149 $ $ _ _-- 19,517 _ 16 857 $ $ (439) (4,363 ) - - ) , , $ $ (379 (3,770) 697 800 (Billing&Collection ___ Electnc _ $_ $ 40,057 2 $ (7,914) $ 32,143 $ (7_23) $ 1 __(7,191 ) 805 Street Lights t$ 04,937 4 860 $ ~ $ (40,491) (953) $ $ 164,446 3 907 $ $ (3,701) $ (36,790 - , - _ , (88) $ (865) 806 'Public Benefits - - $ - - 7,949 $ (1,568) $ 6,381 $ _ (144)1 $ _ (1,424) 820 Water $ - 103,995 $ ~ (20,555) $ 83,440 $ (1,877) $ (18,678) 960 RDA ~ $ - 37,088 $ (7,331) $ 29,757 $ (670)., $ (6,661) 962 RDA Housin $ 15,950 . $ (3,148) $ 12,802 $ --- (288) $ (2,860) i uiai n~ni vNeiauny rums a L,I J`J,bifb ~ (34ti,4tf1 )II 5 1,793,105 'i 940 ~M so emp oPee contribution - ~ 510,556 $ (109,833) $ 400,723 $ 9,016 $ 100, Combined Total O eratin & Trust Funds $ 2,650,142 $ (456,314) $ 2,193,828 $ (51.3911 ~ /404_ This table identifies the impact, on all funds, of prepaying the CaIPERS 2008/2009 contribution. As indicated above, all funds with employees receive a benefit from prepaying the CaIPERS contribution. The payment of $2,193,828 will come from the various funds as listed above. The payment is $456,314 less than would be budgeted for payment during the year. The net budget effect is the $404,923 after adjusting for lost interest income. Funding calculation