HomeMy WebLinkAbout2/16/2005 - STAFF REPORTS (24) CITY COUNCIL FEBRUARY 16, 2005
NEW BUSINESS
Subject: CONSIDER REQUEST FOR FUNDING OF AN INTERIM RED
IMPORTED FIRE ANT ABATEMENT PROGRAM
Initiated by: City Manager's Office
SUMMARY:
To combat the Red Imported Fire Ant problem, the Coachella Valley Mosquito and
Vector Control District is requesting that the City consider funding an interim abatement
program at a cost of $36,100 for a six month period.
RECOMMENDATION:
That the City Council consider the request for funding of an interim Red Imported Fire
Ant Abatement Program and provide appropriate direction to staff.
STAFF ANALYSIS:
Red Imported Fire Ants (RIFA), also known as Solenopsis Invicta, are 1/16 to 1/4 inch in
length and reddish-brown in color. RIFA usually build their colonies in mounds of soft,
crumbly soil. When these colonies are disturbed by ground vibrations from footsteps,
flooding from water or exposure to sunlight, the worker ants will swarm out of their
mound and aggressively attack whatever is nearby. These ants can inflict a fiery sting
which causes a small blister or pustule at the site of each sting.
The ants, which are native to South America, came to the United States in the early
1930's aboard cargo ships. They are now widespread in 11 southeastern states and
have moved into the southwest portion of the United States including parts of California.
RIFA was first identified in the Coachella Valley in 1998.
Beginning in the year 2000, the Coachella Valley Mosquito and Vector Control District
(CVMVCD) began a program to eradicate RIFA from the Coachella Valley. This five
year program was created by the California Department of Food and Agriculture (CDFA)
to provide services for the Coachella Valley. The original contract between CDFA and
CVMVCD provided funding through June 2004. Unfortunately, the State terminated this
agreement on October 2003 and used the remaining program funds of nearly a million
dollars to offset their own budget problems.
In December 2003, CVMVCD sent a letter to the Coachella Valley Association of
Governments (CVAG) requesting support for an interim RIFA abatement program at a
cost of $350,000 annually. After much discussion, CVAG's Energy and Environmental
Resources (E&E) Committee decided to recommend a responsive approach to the
RIFA problem. The Committee felt that the responsive program would be a relatively
low-cost approach until a long term program could be funded and implemented.
CVAG staff has developed a funding formula which splits the costs of the responsive
program between all nine (9) cities and the Agua Caliente Band of Cahuilla Indians.
This formula is based on population (25%), infestation sites (37.5%), and sites under
treatment as of October 2003. Unfortunately, the formula relies on an incomplete
survey that was prepared by CVMVCD. This survey was conducted in 2002 and
included all of the infestation sites in Palm Springs and Cathedral City before it was
terminated. Because Palm Springs had the bulk of the infestation sites according to the
survey, the City's allocation is approximately 21% of the total program costs. A copy of
CVAG's funding formula is attached.
Staff has repeatedly voiced concerns over the funding formula and its reliance on an
incomplete survey. While other cities have expressed similar concerns, CVMVCD
insists that their survey information is the most accurate means of determining the
extent of the RIFA problem. Staff has also suggested several alternative funding
approaches to both CVAG and the CVMVCD. These approaches include charging
individual property owners a nominal fee for abatement services; and a nuisance
abatement program where property owners are given an opportunity to eradicate the.
problem themselves or face the possibility that the City will use its legal authority to
abate the problem. CVMVCD staff has indicated that they don't believe a fee-for-
service program is viable since many property owners are unwilling to pay for
abatement services now. They also believe that a nuisance abatement program would
take too much time to be effective. More importantly, CVMVCD has been unwilling to
date to declare the RIFA a public nuisance. While staff doesn't quite understand their
reluctance to declare RIFA a public nuisance, it is felt that without their declaration it
would be very difficult to use the nuisance abatement process to eradicate the problem.
In light of the City's budget deficit, staff has suggested that the CVMVCD should
consider utilizing its own reserves — estimated at over $4.6 million — to fund the interim
program until a more permanent funding source can be secured. In addition to their
reserves, staff has estimated that CVMVCD had an operating surplus of over $900,000
in fiscal year 2003-04 and a projected operating surplus of at least $700,000 in fiscal
year 2004-05. It is interesting to note that the CVMVCD's Board of Directors has taken
a position that their reserves are not intended to be used on programs that do not fall
under their mission which is "to reduce the risk of disease transmission by mosquitoes
and other vectors for residents and visitors of the Coachella Valley." While it is true that
RIFA may not be a vector in the traditional sense of the term, CVMVCD has provided a
program for Africanized Killer Bees which also does not fall under the definition of a
vector. Staff has asked CVMVCD's staff to explain this inconsistency, but has never
received a formal response.
Staff acknowledges that the RIFA problem is a regional concern that needs to be
addressed. However, staff believes that CVMVCD has failed to adequately justify why
2
the City should be required to fund this program when they have ample reserves and
was created for the purpose of handling this type of problem even if it doesn't
specifically fall within the traditional definition of a vector.
To date, most of the Valley cities have agreed to participate in the interim program.
Should the City Council decide to participate with the other cities, the attached services
agreement, which was prepared by the CVMVCD, will be required. This agreement has
not been reviewed by the City Attorney's Office. Staff is concerned that the proposed
agreement requires the City to pay a flat monthly rate based on its share of the cost
regardless of the actual services performed. It is recommended that language be
added to this agreement requiring CVMVCD to bill the City each month based on the
actual services provided within the community. This will ensure that the City is not
paying the cost of abatement services for other communities.
FISCAL IMPACT:
The City's estimated share of a responsive abatement program is $36,100 for a six
month period. If the Agua Caliente Band of Cahuilla Indians does not participate in the
program, the City's potential share could be as much as $70,083 over the same period
of time. This is not a budgeted expense. If the City Council wishes to participate in this
program, a budget amendment appropriating funds from fund balance will be required.
ALTERNATIVES:
Staff believes that CVMVCD has sufficient reserves to fund the interim program until a
more permanent funding solution — such as a benefit assessment district — can be
implemented. Although CVMVCD believes that an interim program is critical in order to
control the spread of RIFA, staff feels that there is insufficient evidence to support this
position. In fact, the Orange County Vector Control District, which faced a similar
situation last year, decided against the implementation of an interim program, and
instead waited until a special benefit assessment could be implemented to provide
permanent funding for their program. Staff is unaware of any significant problems due to
the District's decision not to fund an interim program. Staff contends that if an interim
program is that important, CVMVCD should advance the necessary funds until a more
permanent funding solution could be arranged.
Tro L. utzlaff, Mnt City Manager David H. Ready, City Ma
Attachment:
1. CVAG Proposed Allocation Formula
2. Agreement for Red Imported Fire Ant Services
3
OACI ELLA VALLEY ASSOCIATION OF GOVERNMENTS
ZED IMPORTED FIRE ANTS PROGRAM-PROPOSED ALLOCATION OF COST
INCLUDES AGUA CALIENTE -PERCENTAGE OF OVERALL TOTAL)
,5% POPULATION, 37.5% INFESTATION SITES, 37.5% SITES UNDER TREATMENT
Total Anticipated Cost: $350 000 Annually (If all jurisdictions participate)
POPULATION(JAN.'03) INFESTATION SITES UNDER TREATMENT(10/1/03)
25%FACTOR($87,500) 37.5%FACTOR($131,250) 37.5%FACTOR($131,250) -
%OF MONTHLY 3-MONTH 6-MONTH
JURISDICTION NUMBER % AMOUNT NUMBER % AMOUNT NUMBER % AMOUNT TOTAL TOTAL COST COST COST
Coachella 26,750 8.11% $ 7,096 0 0.00% $ - 0 0.00% $ - $ 7,096 2.03. _ $ 591.33 $ 1,774-00 $ 3,548-00
Desert Hats rin s 17,200 522% $ 4,568 2 0.07% $ 92 1 0.06% $ 79 $ 4,739 135% $ 394.92 $ 1,184.75 $ 2,369.50
Indian Wells 4,400 1.33% $ 1,164 48 L56% $ 2,048 40 2.56% $ 3,360 $ 6,572 1.88%:_ $ 547.67 $ 1,643.00 $ 3,286.00
Indio 54,500 16.53% $ 14,463 4 0.13% S 171 0 0.00% $ - $ 14,634 4.18%: S 1,219.50 $ 3,658.50 $ 7,317A0
La Quinta 30,450 924% $ 8,095 60 1.95% S 2,559 12 0.77% $ 1,011 $ 11,655 3.33% $ 971.25 $ 2,913.75 $ 5,827-50
Palm Desert 43,900 13.31% $ 11,646 270 8.79% $ 11,537 153 9.78% $ 12,836 $ 36,019 1029%- S 3,001.59 $ 9,004.75 $ 18,009.50
46279 14.04% $ 12,285 45 IA7% $ 1,929 23 1.47% $ 1,929 $ 16,143 4.61% $ 1,345.25 $ 4,035.75 $ 8,071.50
mcc crated
Cozen Un - _ - -
IE&39
Net Cathedral City 110 $ 20,963 5.99% $ 1,746.92 $ 5,240.75 $ 10 481 50
.I'zUat'-- �4310'4; i334. : ii 873 ,ffr89 5391h} $ r2 ice.. _•tr7t42 a8Q6 $ WIN.: $ 1: 58t1'S4 £s� 7t £18.3`tI6
Net Palm$ rin s 870 $ 72200 20 63/o $ 6,01E671 $ 18,050.00 $ 36 100.00
I?rin�hsr'S2ua I4' Sil -G-53--0�' S '3'564• - -788 28bb $ 33514 --_ 33
_ esaTrtbaF�.. _ _ - --. - - --. :3b .- 333..` .. - .,, :.:.,. ..:. ... . . .:..� . W._
Net Rancho Mirage - 757 $ 78,329 22.38% $ 6,527.42 $ 19,58225 $ 39,164.50
Agtm Caliente Share 905 $ 81,650 23.33% � $ 6,804.17 $ 20,412.50 $ 40,825.00
TOTAL 329,729 100.00% $ 87,500 3,071 100.00% $ T131,2501,564 100.00% $ 131,250 $ 350,000 100.000 - $ 29,166.68 $ 87,500.00 $ 175,000.00
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AGREEMENT FOR RED IMPORTED FIRE ANT SERVICES
BY THE
THE COACHELLA VALLEY MOSQUITO AND VECTOR
CONTROL DISTRICT
This Agreement for Red Imported Fire Ant Services is made and entered into on
by and between The Coachella Valley Mosquito and Vector
Control District ("District"), a special district, and , ("City") a
municipal corporation and is made in reference to the following facts and circumstances.
RECITALS
Whereas, the presence and spread of Red Imported Fire Ants ("RIFA") within the
Coachella Valley and within the City is detrimental to the health, safety and welfare of
the citizens and property within the City;
The District is exploring the possibility of establishing a benefit assessment
district to provide funding for treatment and potential eradication of RIFA in the
Coachella Valley;
The District has the management and technical expertise to provide services
related to the investigation and treatment of RIFA for the City on an interim, limited term
basis;
The City wishes to contract with the District to provide a RIFA responsive
program within the jurisdiction of City for a limited period of time as further provided
herein;
NOW THEREFORE, in consideration of the foregoing the parties do hereby agree
as follows:
1. Purpose
This Agreement is intended for the District to provide a responsive program to
requests for service pertaining to RIFA infestation within the City of
for a limited term.
2. Scope of Services
a. The District shall provide the staff, equipment and materials required to
provide RIFA responsive services within the jurisdictional boundaries of the City. The
District shall use its professional skill and judgment in determining the use of staff,
equipment and materials to be used to most effectively provide the RIFA responsive
services under this Agreement.
RIFA.A t
r '
b. The City has been advised and acknowledges that this program of services
by the District is intended to be responsive only and is not designed, nor intended to
effectively eradicate and control RIFA. The District makes no warranty, express or implied,
concerning the level of control that may be achieved under this Agreement but is engaged
to use its best efforts to provide a responsive program within the jurisdiction of the City
during the limited term of this Agreement.
C. The District shall provide RIFA responsive services to the City in
accordance with the RIFA responsive program formula set forth in Exhibit A developed by
the Coachella Valley Association of Governments at a cost of per month.
d. The District shall respond to a service request related to RIFA infestation by
attempting to telephonically contact the complaining party within 24 business hours of
receipt by the District of a RIFA complaint.
e. The District shall investigate and, if appropriate, treat for RIFA infestation in
response to every service request originating within the jurisdiction of the City subject to the
priorities set out in the District's RIFA Protocol, a copy of which is attached hereto as
Exhibit"B".
3. Time Period
The services provided by this Agreement shall commence on February 1, 2005 or
upon later approval by the City and shall continue through July 31, 2005 unless terminated
as provided under paragraph 5 or extended as provided below. In the event that the
District has initiated proceedings for a RIFA benefit assessment which has not been finally
established as of July 31, 2005, the services provided hereunder may be continued for up
to an additional three (3) months.
4. Payment
The District shall invoice the City in arrears for RIFA services on a monthly basis.
All payments by the City shall be made within net thirty (30) days of receipt of the invoice
for services.
5. Termination
Either party may terminate this Agreement, with or without cause, upon giving thirty
(30) days written notice to the other party.
6. Independent Contractor
In providing the services under this Agreement, the District is acting as an
independent contractor with the authority to control and direct the performance of the
details of the RIFA responsive services. Nothing contained in this Agreement, or in its
RIFA.A 2
performance shall be construed to create a relationship of principal and agent, partnership
or joint venture as between the District and the City.
7. Indemnification
a. The District shall assume the defense of, indemnify and hold harmless
the City, its officers, employees, and each of them, from and against all actions,
damages, losses and expenses of every type and description to which they may be
subjected or put to, by reason of, or resulting from, the actions or inactions of the District
taken in the performance of this Agreement or any agreement entered into by the District
with reference to this Agreement.
b. The City shall assume the defense of, indemnify and hold harmless the
District, its officers, employees and agents, and each of them, from and against all
actions, damages, claims, losses and expenses of every type and description to which
they may be subjected or put, by reason of, or resulting from, the actions of the City
taken in the performance of this Agreement.
C. The indemnity provisions set forth in this Agreement shall survive its
termination.
8. Compliance with Laws and Regulations
All services performed by the District under this Agreement shall be performed in
accordance with, and in full compliance of, all applicable federal, state or local statutes,
rules and regulations.
9. Third Party Beneficiaries
This Agreement is made solely for the benefit of the parties to this Agreement and
their respective successors and assigns, and no other person or entity shall have or acquire
any right by virtue of this Agreement.
10. Miscellaneous
a. Neither party to this Agreement may assign, or delegate, any of the rights
and responsibilities set forth herein without the express written consent of the other party.
b. This Agreement shall be interpreted in accordance with and governed by
the laws of the State of California.
C. Each of the signatories to this Agreement warrants and represents that they
have full authority to enter into this contract on behalf of the entity they purport to represent.
RIFAA 3
d. This Agreement constitutes the final, complete and exclusive statement of
the terms of the agreement between the parties pertaining to the subject of RIFA response
services.
Executed at California on the day and year first mentioned
above.
COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT
By: Dated:
Donald E. Gomsi, General Manager
THE CITY OF Dated:
By:
Its Duly Authorized Agent
Attest:
City Clerk
RIFA.A 4
Priorities for RIFA Treatment
Due to the large area of infestation and the resources available, it is necessary to
establish priorities for the order in which responses are performed. Priorities for
scheduling RIFA response are as follows:
a. A severe stinging incident.
b. Areas that pose a greater risk to the public health, safety and
welfare, such as schools, parks and other heavily trafficked areas.
C. Other infested properties ranked according to public health
considerations within the professional discretion and judgment of
District staff.
All service requests will receive a telephone response within one business day.
At that time inspections and/or treatments will be scheduled following the criteria
listed above. RIFA service will be provided in the shortest timeframe that staffing
will allow.
CITY COUNCIL FEBRUARY 16, 2005
NEW BUSINESS
Subject: ADOPTION OF PLANS AND SPECIFICATIONS FOR PROJECT
42005-01, EXPANSION TERMINAL/HOLDROOMS —ADD
CHECKPOINT PHASE 3,AT PALM SPRINGS INTERNATIONAL
AIRPORT
Initiated by: Director of Aviation
SUMMARY:
The City Council will consider approval of the plans and specifications for Project
42005-01, Expansion Terminal/Holdrooms—Add Security Checkpoint Phase 3, at Palm
Springs International Airport.
RECOMMENDATION:
1. Approve Minute Order No. adopting the plans and specifications for Project
42005-01, Expansion Teminal/Holdrooms—Add Security Checkpoint Phase 3, at
Palm Springs International Airport.
2. Allow Airport to proceed with the solicitation of bids for Project#2005-01.
STAFF ANALYSIS:
Following the events of September llt", the Transportation Security Administration
(TSA) completed a minor modification of the passenger screening checkpoint at the
Airport to provide a higher level of security screening, as well as improving the
efficiency. Since that time, TSA has continued to increase the amount of space required
to provide the necessary level of passenger screening. Additionally, the passenger traffic
for the Airport has continued to grow and currently exceeds pre-September 11"' levels
and is expected to continue for the foreseeable firiure.
In order to provide reduced waiting time for passengers, staff worked with TSA and the
airlines over the past year to gather passenger data expected in the short and long term so
as to understand the necessary capacity requirements for passenger screening, as well as
continual changes in space requirements from the TSA.
The checkpoint capacity analysis which was conducted indicated the peak passenger
capacity necessary to meet the short term needs of the Airport is four (4) lanes. With
passenger growth continuing to increase year after year, it is anticipated that six (6) lanes
will be needed within the next two (2)to five (5) years.
All Plans and Specifications are on file in the Office of the City Clerk.
To meet the Airport's security needs it was determined that an expansion of the terminal
was necessary to allow for a larger checkpoint and that portions of the existing holdrooms
would require relocation.
This Airport's architect has developed the necessary project design and construction
documentation to allow the project to continue with an anticipated bid date in March of
2005. Actual construction is anticipated to begin in May of 2005 and be complete by the
end of calendar year 2005.
FISCAL IMPACT
The work referenced within these documents is eligible for reimbursement via Airport
Improvement Program (AIP) grants 37 and 38 from the Federal Aviation Administration
(FAA), which will cover 95% of the cost.
Richard S. Walsh, A.A.E. David H. Ready
Director of Aviation City Manager
Attachments: 1.) Minute Order
2.) Plans & Specifications
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PETITION TO THE CITY OF PALM SPRINGS ��
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TO TREAT FIRE ANTS
By signing below, I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. I/we invite and encourage City officials to
visit our property to witness first hand the damage caused by fire ant infestation.
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PETITION TO THE CITY OF PALM SPRINGS
IN SUPPORT OF THE
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TO TREAT FIRE ANTS
By signing below, I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. I/we invite and encourage City officials to
visit our property to witness first hand the damage caused by fire ant infestation.
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PETITION TO THE CITY OF PALM SPRINGS
IN SUPPORT OF THE
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TO TREAT FIRE ANTS
By signing below, I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. I/we invite and encourage City officials to
visit Our property to witness first hand the damage caused by fire ant infestation.
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PETITION TO THE CITY OF PALM SPRINGS
IN SUPPORT OF THE
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TO TREAT FIRE ANTS
By signing below. I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. I/we invite and encourage City officials to
visit our property to witness first hand the damage caused by fire ant infestation.
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PETITION TO THE CITY OF PALM SPRINGS
IN SUPPORT OF THE
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TO TREAT FIRE ANTS
By signing below, I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. t/we invite and encourage City officials to
Visit our property to witness first hand the damage caused by fire ant infestation.
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PETITION TO THE CITY OF PALM SPRINGS
IN SUPPORT OF THE
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TO TREAT FIRE ANTS
By signing below, I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. I/we invite and encourage City officials to
visit our property to witness first hand the damage caused by fire ant infestation.
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PETITION TO THE CITY OF PALM SPRINGS 13
IN SUPPORT OF THE
COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL PROGRAM
TO TREAT FIRE ANTS
By signing below, I/we acknowledge our support of the above program and urge the City of Palm
Springs to reconsider its decision not to participate. I/we invite and encourage City officials to
visit our property to witness first hand the damage caused by fire ant infestation.
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MINUTE ORDER NO.
APPROVING ADOPTION OF PLANS AND
SPECIFICATIONS FOR PROJECT #2005-01,
EXPANSION OF THE TERMINAL/HOLDROOMS -
ADD CHECKPOINT PHASE 3 CONSTRUCTION
AT THE PALM SPRINGS INTERNATIONAL
AIRPORT.
I HEREBY CERTIFY that this Minute Order, approving adoption of plans and
specifications for project #2005-01, expansion of the Terminal/Hold rooms —
add Checkpoint Phase 3 Construction at the Palm Springs International
Airport, was adopted by the City Council of the City of Palm Springs,
California, in a meeting thereof held on the 16"' day of February, 2005.
JAMES THOMPSON
City Clerk