Loading...
HomeMy WebLinkAbout2002-06-19 PacketAGENDA ITEM NO: Urgency. Item MEETING DATE: June 19, 2002 SUHMARY REPORT SUB3ECT: AUTHORIZATION TO PURCHASE FUEL TRUCK The Ukiah Regional Airport currently leases a 750-gallon aviation fuel truck from Epic Aviation, LLC dba Air BP Aviation Services, for the amount of $321.75 per month. The 2001-02 budget provides for the purchase of the vehicle by the City of Ukiah. The original amount budgeted was $19,500, plus sales tax. However, through recent negotiations, a purchase price of $16,500 plus sales tax was agreed upon, which was the lowest price staff found and is below market value. Those preparing the Council agenda were not advised that this item needed to be included on the agenda of the June 19, 2002 City Council meeting, and it is necessary to have Council approval for this purchase prior to the end of the current fiscal year. RECOMMENDED ACTION: Approve fuel truck purchase and authorize the City Manager to sign purchase agreement for the purchase of the fuel truck. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek additional proposals. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Don Bua, Airport Manager Don Bua, Airport Manager Candace Horsley, City Manager Purchase Agreement Approved: Candace Horsley, Cit~Manager Buycr: j ' AVIATION REFIFELER PURCHASE CONTRACT il Il I Il I ,1,11 FI, , I.,, , ' I Ill ,,, , I ,, ,, ,,1 Ukiah Regional Airport dba City of Ukiah 1411 S. State St. Ukiah, CA 95482 Seller: Epic Aviation, LLC dba Air BP Aviation Services 1790 16"~ Street, SE Salem, OR 97302 ,,I D~te: Vehicle: Year/makc: VIN# Tank size: Purchase Price: Taxes (~ 7%~. F.O.B. Completion date: June 12, R506 1990 Ford I FDJFJ7Y2LKB41270 750 Gallon $16,500.00 Ukiah, CA Terms: Shipment of track contingent on receipt or' funds, signed purchase contract, and certificate of insurance. This rcfucler is sold "as is, where is, with no warranty stated or implied. Purchase agreement acccptcd and approved I)y: City oJ'Ukiah Datc Air BP A viation Services Date AGENDA ~TEM NO: MEETING DATE: 3a .lune 19, 2002 SUMMARY REPORT SUB3ECT: PRESENTATION BY STEVE LAMB, MANAGER OF ADELPHIA CABLE Steve Lamb, General Manger for our local Adelphia Cable Company, will be presenting an outline of their new services and rate increase. This year marks Adelphia's 50th anniversary of providing cable services. :in this last year, they have expanded their programming and product offerings to include digital cable and high speed :internet access. A letter describing these services and the accompanying rate structure, along with Adelphia's channel line-up for the City of Ukiah customers, is attached. :I've also asked Mr. Lamb to brief the Council on the current status of the Adelphia organizational restructuring and associated legal issues. RECOHMENDED ACTTON: Receive presentation ALTERNATTVE COUNCTL POLTCY OPTTONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, CiW Manager Steve Lamb, Adelphia ~able Letter from Adelphia Cable "-C'~h"dace Horsley~ Manager 4:CAN~.SRAdelphia.061902.doc Adelphia May 29, 2002 Candace Horsley, City Manager City of Ukiah 300 Seminary Avenue Ukiah CA a 95482 Dear Ms. Horsley: This year Adelphia observes its 50th anniversary of providing quality cable entertainment. In that half-century, we have continuously been in the forefront of the cable industry in developing new technologies that bring our customers both exceptional value and prompt, courteous customer service. The telecommunications business has changed, with the advent of new products and services, as well as the emergence of competitive providers. The fact that Adelphia has not only retained its base of subscribers, but has continued to add new ones in the face of aggressive competition, suggests that we have met or exceeded our customers' expectations. Our twin foundations--value and service--have served us well over the years. By creating a modern infrastructure, Adelphia has been able to expand our product offerings well beyond the scope of basic cable television, from the expanded programming of Adelphia Digital Cable to the high-speed Internet access available through Adelphia Power Link. It also positions Adelphia to provide even more advanced products, from video-on-demand to residential telephone service over cable lines, as the marketplace conditions evolve. Additionally, the presence of a modern technology infrastructure is important to any community seeking to retain current employers or attracted new industries. Expanded programming coming One of the immediate benefits of the upgraded cable system is the availability of additional programming services and high speed data. The attached programming services will be available to all homes passed by the upgrade. As the Upgrade passes each home, these channels and high speed data are automatically available. Providing the expanded programming and sophisticated services that our customers value, at the same time we respond to competitive challenges, requires a substantial investment in technology. Additionally, Adelphia incurs higher costs from the providers of many of the programming services our subscribers enjoy (ESPN, Nickelodeon, etc.). Like other businesses, Adelphia also constantly faces increases in expenses such as wages, specialized training for our customer service representatives, utilities, fuel, insurance and equipment needed to support a company that provides service 24 hours a day. 1060 North State Street Ukiah CA 95482 Phone (707) 462-8737 Fax (707) 462-6973 As a result of these continually rising costs, we reluctantly find it necessary to adjust our service rates. Effective with customers' July billing statements, the following price adjustments will go into effect: Level of Service Existing Rate Increase New Rate Increase Broadcast Service $27.25 $3.00 $30.25 11% Satellite Service $ 7.50 $0.00 $ 7.50 0% Digital Basic $ 9.95 $2.00 $11.95 20% Digital Select Tier N/A N/A $ 4.95 0% Digital Premium Services * 1 Pack $16.45 $2.00 $18.45 12% 2 Pack $23.50 $2.00 $25.50 9% 3 Pack $30.50 $2.00 $32.50 7% 4 Pack $35.50 $2.00 $37.50 6% Additional Digital outlet Analog converter rental $ 6.00 $ .50 $ 6.50 8% $ 1.00 N/A $ 0.00 -100% * All digital premium service packs include digital basic These increases, while modest in scope, will allow us to remain competitive in the year ahead. Our customer service representatives are available 24 hours a day, seven days a week, to discuss these changes and answer any questions our customers may have. Adelphia is proud to be a good corporate citizen of the City of Ukiah. By providing a modern telecommunications network, supporting local charitable and civic organizations, delivering free cable service and Internet access to local schools, and providing local jobs, Adelphia continues its active involvement in the development of our community. Please feel free to contact me if you would like to discuss these changes, or any other aspect of Adelphia's service. Steven R. Lamb General Manager Channel 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 101 102 103 104 105 106 107 ADELPHIA CHANNEL LINE-UP, CITY OF UKIAH Network Fox PEG NBC CBS ABC TDC Ind. PBS Ind. ESPN TNT C-SPAN QVC L.O., California Channel HSN TBS DIS WGN USA A&E TNN COURT TRAVEL FX AMC MTV SCI-FI LIFE TWC TLC FOXSP BAY ESPN2 UNIV NICK TV GUIDE VH-1 FAM COM HN CNN CNBC MSNBC THC C-SPAN2 TELEMUNDO FNC AP HGTV TCN DISCKIDS DISCSCI DISCHOME DISCCIV DISCHLTH DISCWINGS GAC Station/Service KTVU Public, Educational, Government Access KNTV KPIX KGO The Discovery Network KFWU KQED KFTY ESPN Turner Network Television C-SPAN Quality, Value, Convenience Local origination, California Legislature Home Shopping Network TBS The Disney Channel WGN USA Network A&E The National Network Court TV The Travel Channel FX American Movie Classics Music Television The Sci-Fi Channel Lifetime Television The Weather Channel The Learning Channel Fox Sports-Bay Area ESPN2 Univision Nickelodeon TV GUIDE Video Hits One ABC Family Channel Comedy Central Headline News Cable News Network CNBC MSNBC The History Channel C-SPAN2 Telemundo Fox News Channel Animal Planet Home & Garden Television Network The Cartoon Network Digital-Discovery Kids Digital-Discovery Science Digital-Discovery Home Digital-Discovery Civilizations Digital-Discovery Health Digital-Discovery Wings Level of Service Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) CableValue (Satellite) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) CableValue (Satellite) CableValue (Satellite) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Basic (Broadcast) Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Channel 108 109 110 111 112 113 114 115 116 120 121 122 123 125 126 127 128 129 130 133 135 136 137 139 140 143 144 147 148 152 153 155 157 162 164 165 190 191 192 193 194 196 197 198 199 201 202 203 204 205 206 207 208 209 210 211 ADELPHIA CHANNEL LINE-UP, CITY OF UKIAH Network GAME BBCA GOOD MUCH TBN INSPLIFE IC BIO THCI NG GOLF SPEED ESPNNW FOXSPWRLD OLC OC BLOOM TECH TV HEALTH DIY MBC CNBCWRLD MTVZ MTVJ WE VH1C VH1CR IFC Nogin GAS NTOON VH 1 SO CNNFN NWI Sundance TRW CTN CCTV TV ASIA TV5 ABSCBN ZEE RAI ART TV JAPAN HBO HBOPLUS HBOSIG HBO FAM HBOCOM HBOZONE HBOLAT HBO HBOPLUS HBOSIG HBO FAM Station/Service Game Show Network BBC Americas Good Life TV (formerly Nostalgia) Digital-Much Music Trinity Broadcasting Network Inspirational Life International Channel Biography History Channel International National Geographic The Golf Channel Speedvision ESPN News Fox Sports World Outdoor Life Channel Outdoor Channel Bloomberg Tech TV (Formerly ZDTV) Fox Health Network Do It Yourself Network CNBCWRLD (formerly CNBCBIZ) MTV Zone MTV Women's Entertainment VH1 Country VH 1 Classic Rock Independent Film Channel Nicheloden Nick Toon's VH 1 Soul CNN Financial News Sundance Film Channel Chinese Television Network CCTV-Chinese-Premium TV Asia-Premium TV 5 France Philipino-Premium Zee TV RAI-Italian-Premium Arab-Premium TV Japan Home Box Office HBO Plus HBO Signature HBO Family HBO Comedy HBO Zone HBO Latino Home Box Office HBO Plus HBO Signature HBO Family Level of Service Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital Select Digital Select Digital Select Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital Select Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital Select Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital Select Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital-Basic Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Tier Tier Tier Tier Tier Tier Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services ADELPHIA CHANNEL LINE-UP, CITY OF UKIAH Channel Network 214 HBOLAT 221 SHOW 222 SHOW2 223 SHO3 224 SHOWEXT 225 SHOWBEY 226 SHOW 227 SHOW2 228 SHO3 229 SHOWEXT 230 SHOWBEY 231 TMC 232 TMC2 233 TMC 234 TMC2 235 FLIX 236 FLIX 241 STARZ 242 STARZ 243 STARZ2 244 STARZFAM 245 STARZCIN 246 STARZCIN 247 BETM 248 ENCORE 249 ENCORE 250 ENCLOVE 251 ENCLOVE 252 ENCWEST 253 ENCWEST 254 ENCMYST 255 ENCMYST 256 ENCTRUE 257 ENCTRUE 258 ENCACT 259 ENCACT 260 ENCWAM 268 WMAX 269 ~MAX 270 MAX 271 MOREMAX 272 ACTMAX 274 MAX 275 MOREMAX 276 ACTMAX 277 THRMAX 278 5STARMAX 279 OUTERMAX 280 VH-1ESP 281 MTVL 282 TI 283 DISCENESP 284 CINELATINO 285 HTVN 286 FOXSPWRLDESP 287 CNNESP Station/Service Level of Service HBO Latino Showtime Showtime 2 Showtime 3-Digital Showtime Extreme Showtime Beyond Showtime Showtime 2 Showtime 3-Digital Showtime Extreme Showtime Beyond The Movie Channel The Movie Channel 2-Digital The Movie Channel The Movie Channel 2-Digital Flix Flix STARZ STARZ Starz 2 Starz Family STARZ Cinema STARZ Cinema BET Movies Encore Encore Encore Love Encore Love Encore Westerns Encore Westerns Encore Mystery Encore Mystery Encore True Stories Encore True Stories Encore Action Encore Action Encore-WAM! Womens Max ~,MAX Cinemax More Max Action MAX Cinemax More Max Action MAX Thriller MAX 5STARMAX OUTERMAX VH- 1 Espanol Music Television Latino Telemundo International Discovery En Espanol Cine Latino Hispanic Television Network (was Rio) Fox Sports World Espanol CNN Espanol Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Services Digital Premium Services Digital-Starz Movie Pkg Digital-Starz Movie Pkg Digital-Starz Movie Pkg Digital-Starz Movie Pkg Digital-Starz Movie Pkg Digital-Starz Movie Pkg Digital-Starz Movie Pkg Digital-Encore Movie Pkg Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital-Encore Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Digital Premium Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Movie Pkg Services Services Services Services Services Services Services Services Services Services Digital Premium Services Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Channel 288 289 290 291 292 293 294 295 296 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 ADELPHIA CHANNEL LINE-UP, CITY OF UKIAH Network Station/Service Level of Service TOONDISESP SPANDMX SPANDMX SPANDMX SPANDMX SPANDMX SPANDMX SPANDMX SPANDMX PPV Previews PPV1 PPV2 PPV3 PPV4 PPV5 PPV6 PPV7 PPV8 PPV9 PPV10 PPV 11 PPV12 PPV13 PPV14 PPV 15 PPV16 PPV17 PPV 18 PPV19 PPV20 PPV21 PPV22 PPV23 PPV24 PPV25 PPV26 PPV27 PPV28 PPV29 PPV30 MCSHOW1 MCSHOW2 MCORIGENS MCNEW MCAMORIG MCSOUNDS MCKIDS MCWORLD MCBODY MCCLR&B MCR&BHITS MCDANCE MCRAP MCMETAL MCALTERN MCPROG Toon Disney Espanol S >anish DMX S >anish DMX S >anish DMX S >anish DMX S >anish DMX S >anish DMX S >anish DMX S>anish DMX Barker Channel HITS PPV 1 HITS PPV 2 HITS PPV 3 HITS PPV 4 HITS PPV 5 HITS PPV 6 HITS PPV 7 HITS PPV 8 HITS PPV 9 HITS PPV 10 HITS PPV 11 HITS PPV 12 HITS PPV 13 HITS PPV 14 HITS PPV 15 HITS PPV 16 HITS PPV 17 HITS PPV 18 HITS PPV 19 HITS PPV 20 HITS PPV 21 HITS PPV 22 HITS PPV 23 HITS PPV 24 HITS PPV 25 HITS PPV 26 HITS PPV 27 HITS PPV28 HITS PPV29 HITS PPV30 MC SHOWCASE 1 MC SHOWCASE 2 MCORIGENS MC NEW RELEASES MCAMORiG MC SOUNDS OF SEASON MC FOR KIDS ONLY MC WORLD BEAT MC BODY & SOUL MCCLR&B MC R&B HITS MC DANCE MC RAP MC METAL MC ALTERNATIVE ROCK MC PROGRESSIVE ALBUM Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Spanish Pkg Digital-Basic Digital PPV Service Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music ADELPHIA CHANNEL LINE-UP, CITY OF UKIAH Channel Network 417 MCCLASSIC 418 MCROCK 419 MCSOFT 420 MCHITLIST 421 MC80S 422 MC70S 423 MCSOLIDGOLD 424 MCTODAY 425 MCCOUNTRY 426 MCBIGBAND 427 MCS&S 428 MCEASY 429 MCCLASS 430 MCLITECLASS 431 MCATMOS 432 MCLITEJAZZ 433 MC JAZZ 434 MCBLUES 435 MCGOSPEL 436 MCCHRISTIAN 437 MCLATINA 438 MCTROPICAL 439 MCMEXICANA 440 MCTEJANO 441 MCFOLKLOR 442 MCBOLOROS 443 MCLOVE 444 MCBRAZILP 445 MCBRAZILB 501 SPORTS PPV 502 SPORTS PPV 503 SPORTS PPV 504 SPORTS PPV 505 SPORTS PPV 506 SPORTS PPV 507 SPORTS PPV 509 SPORTS PPV 510 SPORTS PPV 511 SPORTS PPV 512 SPORTS PPV 513 SPORTS ?PV 514 SPORTS PPV 515 SPORTS PPV 516 SPORTS PPV 517 SPORTS PPV 518 SPORTS PPV 519 SPORTS PPV 520 SPORTS PPV 521 SPORTS PPV 531 SPORTS PPV 532 SPORTS PPV 533 SPORTS PPV 534 SPORTS PPV 535 SPORTS PPV 536 SPORTS PPV 537 SPORTS PPV Station/Service Level of Service MC CLASSIC ROCK MC ROCK HITS MC SOFT ROCK MC HIT LIST MC 80S POWER HITS MC 70S SUPER HITS MC SOLID GOLD OLDIES MC TODAYS COUNTRY MC CLASSIC COUNTRY MC BIG BAND MC SINGERS & STANDARDS MC EASY LISTENING MC CLASSICAL MASTERPIECES MC LITE CLASSICAL MCATMOS MC LITE JAZZ MC JAZZ MC BLUES MC GOSPEL MC CONTEMP CHRISTIAN MC MUSICA LATINA MC TROPICAL MC MEXICANA MC TEJANO MC Folklorica MC Boloros MC International Love Songs MC Brazilian Pop MC Brazilian Beat S ~orts PPV S ~orts PPV S >orts PPV S ~orts PPV S ~orts PPV S >orts PPV S>orts PPV S'>orts PPV S>orts PPV S >orts PPV S >orts PPV >orts PPV >orts PPV >orts PPV >orts PPV >orts PPV >orts PPV )orts PPV >orts PPV >orts PPV >orts PPV >orts PPV >orts PPV ~orts PPV ,orts PPV ~orts PPV >orts PPV Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Digital Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music Music PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service PPV Service Channel $38 539 ADELPHIA CHANNEL LINE-UP, CITY OF UKIAH Network Station/Service Level of Service SPORTS PPV Sports PPV Digital PPV Service SPORTS PPV Sports PPV Digital PPV Service AGENDA 3b ITEM NO: MEETING DATE: 3une 19, 2002 SUMMARY REPORT SUB.1ECT: PRESENTATION BY THE GREATER UKIAH CHAMBER OF COMMERCE Representatives of the Greater Ukiah Chamber of Commerce will be in attendance to provide Council with a status update of their activities. The Council raised the financial participation to the Chamber of Commerce last year from $:1.9,000 to $25,000. It is requested that if Councilmembers have specific areas of interest, these be brought forward to the Chamber at this time. RECOMMENDED ACTTON: Receive presentation and discuss programs and activities ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Candace Horsley, City Manager Greater Ukiah Chamber of Commerce Letter from Teri UIIrich, Chamber President Candace Horsley, Ci~ Manager 4:CAN~a, SRChamber.061902.doc ~:xecutiv¢ ~oarc] Pre. si(tent Ted UIIrich National Bank of the Redwoods L,',c~ Pres,d~nt Jim Multneren Ukiah Custom Cabinets c h,ct: r~nanoal Oftl:iccr Jim Harrison Savings Bank of Mendocino County Immectiate Past Pr~$i(len[ Kathie Spencer Patchen, Inc. l~oarct o~3 Dir¢cb::)r$ Gary Brawley Uk~ah Unified School District Bernadette Byrne McDowell Valley Vineyards Christine Dillard First Union Securities Bruce Foster BFA Financial Claire Fortier Fortier Consulting Eric Garbocci Garbocci Van Housen Realty Carmen Gleason Hopland Sho Ka Wah Casino John Lattimore State Farm Insurance Kevin McConnell Ukiah Daily Journal Sue Patel Ramada Limited Kerry Randall Rainbo w Agricultural Services Elaine Thaler Mayacama Industries ~_x ornCicio Directors Kathy Libby Council Member, City of Ukiah Richard Shoemaker Mendocino County Supervisor Green Lion Nursery Elizabeth Brazil CEO Debbie Woodworth Operations Coordinator G eate ukia¼ C¼ambe of Commerce 200 South School Street Ukiah, CA 95482 (707) 462-4705 fax (707) 462-2088 www.ukiahchamber.com info@ukiahchamber.com June 12, 2002 Ukiah City Council 300 Seminary Avenue Ukiah, CA 95482 Mayor Ashiku & Council Members, The successful public/private partnership shared by the Greater Ukiah of Chamber and City of Ukiah has gone far to benefit both entities. The Chamber's Board of Directors looks forward to the continuation and further development of this relationship for the overall betterment of the Community. This past year has brought a number of changes to this partnership, most significant being the development of a written agreement between these two entities. Following is a synopsis of the accomplishments of the Chamber of Commerce in relationship to the areas outlined in the 2001/2002 Service Agreement. The Chamber serves as an information clearinghouse for the business community and is the first point of contact for businesses looking to develop or relocate to the area. With this in mind, the Chamber has approached the promotion of business retention and expansion through a variety of avenues over the past year. In addition to providing the traditional relocation, economic and demographic information to inquiries the Chamber has begun a major expansion of the Chamber website. The first step was to take the existing website and make it more user friendly and easier to navigate. The website now provides businesses with quick access to the California Chamber's business tools and resources and has a more comprehensive links page for business and tourism interests. Secondly, we are in process of changing the current database to improve the search for information about our existing local businesses. The Chamber has disseminated the brochures produced by the City for business attraction and development and has relayed those inquiries for follow up to the Assistant City Manager. The Chamber also has representatives from the Board of Directors participating in the Economic Development and Financing Corporation, Workforce Investment Board and the Mendocino Employers Council. The Chamber business infrastructure was updated this year and we established a Business Advocacy Committee/Team. The mission of the Business Advocacy Committee is to provide information, resources and advocacy for existing and future businesses of the Ukiah Valley. This committee will develop a stronger communication link between the business community and those local agencies or organizations whose actions could affect the business community, and by extension, the entire community. As a new body of the Chamber, this group is currently researching and obtaining information on issues of critical importance to our community. At this time the committee's focus is the lack of housing for all income levels; the availability and use of water resources; and employment within the Ukiah area. The Chamber has formed an educational partnership with the College of Mendocino. This partnership provides the existing business community an opportunity for low cost employee and managerial training programs that will increase their potential for long term development and success; and also to further educate the business community on the training opportunities available through the College and the Contract Educational Program. The Chamber and College produced the first series of Customer Service Workshops held this past spring. Over the course of this initial program, the seminars filled to capacity with 110 people, representing approximately 30 businesses. Due to the success of this series the College and the Chamber will continue to offer this series with the next installment being planned for Fall 2002. The College and the Chamber are planning a web technology seminar to be presented in early August. In addition to the seminars created in partnership with the College, the Chamber has developed a legislative and regulatory awareness seminar, which this past year covered changes that effect business in employment, insurance and business law as made by State and Federal laws, regulations and mandates. The Chamber also collaborated with West Company on developing a Small Business Capital Workshop for new and existing business. In keeping with the Chamber's promotion of visitor development and tourism, the Chamber has managed approximately 21,000 inquires and requests for visitor or relocation information through our offices. These have been through telephone, written, email and walk-in inquiries. In addition to the inquiries handled through our office, the Chamber has provided approximately 1,500 packets of information used for tourism promotion or recruitment by the Ukiah Unified School District, Mendocino College, Ukiah Valley Medical Center, Mendocino County Schools, Lake Mendocino Recreation Park, the Mendocino County Alliance, other area chambers of commerce, traveling RV clubs, and various local real estate offices. The Chamber also maintains tourism and relocation brochure displays at the Ukiah Valley Conference Center for use by visitors to the facility. The enhancement of the Chamber website also provides additional opportunities for tourism and relocation promotion. A local web designer was contracted to maintain, update and enhance our existing website. The visitor and community information has been restructured for increased ease of use and the information on the site is maintained regularly to ensure that it remains current. Our Webmaster has redesigned the site to be better accessed on most widely used search engines. The Chamber has also purchased and installed tracking tools to allow us to analyze how the site is being used and by whom. In addition to enhancing our marketing through the web, the Chamber's Marketing Committee has recently reformatted and added additional information for use in the Ukiah Lifestyles, the publication produced annually in partnership with the Ukiah Daily Journal. The Ukiah Lifestyles is distributed to all Ukiah Daily Journal subscribers in July and utilized by the Chamber as one of the main promotional pieces for the area. This year we have attempted to make the publication more representative of the resources, recreational opportunities and cultural offerings in the area. The Ukiah Daily Journal manages the physical development and layout of the publication. The Chamber has also taken advantage of marketing opportunities through the Visitor Guide publication. The Chamber and the Mendocino County Alliance (MCA) have continued their mutually beneficial relationship and this year our association has generated some excellent exposure opportunities for our area. Ukiah and Hopland were recently highlighted in the April issue of Sunset Magazine; a 10-page article on the Mendocino Wine Country in a recent issue of Wine Enthusiast, also highlighted Ukiah; the MCA website currently links the community and visitor information portions of the Greater Ukiah Chamber website for content, it is the MCA website that is aggressively marketed throughout the Bay Area and Sacramento Valley. The MCA is an association of associations and the Chamber maintains a representative on the MCA Board of Directors. The Chamber has representation MCA's committees for the development of a Tourist Directional Signage program for the area; the christening and celebration of the Golden Gate Transit's MV Mendocino; on the committees for Mendocino Bounty, the Crab & Wine and Wine & Mushroom Festivals and for the development of the recent County Travel Planner publication. Another accomplishment this year through the Mendocino County Alliance was the formation of a Gold award-winning display in the Counties Building at the California State Fair. This year over 1 million visitors were either introduced to or reminded of the many offerings of Mendocino County through the development of that display. The Chamber assumed the responsibility this year for managing the reception area of the Ukiah Valley Conference Center. The reception area is open Monday through Friday and community volunteers staff the reception desk an average of 25 hours per week. Our volunteers are invaluable as the majority of our volunteers are long time Ukiah residents and are able to add their own special experiences and observations when addressing visitors' needs. When volunteers are unavailable, the Chamber staff takes care of the reception duties in addition to their regular responsibilities. The utilization of volunteers for this particular activity is a benefit for both the Chamber and the Conference Center. The volunteers are able to completely focus their attention on visitors to the building and address their needs without feeling pressured by other obligations. Anyone accessing the Conference Center or its tenants are well served through this system. The Chamber has achieved tremendous growth and success over the past few years and the partnership with the City of Ukiah is an important aspect of that success. Although the services rendered by the Chamber exceed the compensation received, community economic conditions are such that the Board of Directors will not seek an increase in the current level of funding ($25,000) for the 2002/2003 fiscal year. The relationship that we have developed is one that the Board of Directors intends to preserve and enhance even further in the future. Sincerely, Teri Ullrich President This Ci~ of Ul~'ah ~ ommeodatlon ispresented on this 19th day ofJune~ 2002~ m This ~. . ,ne, 2OO~ to ~ the OF THE UK H VALLE RYLINDLE A1VD J ERR Y ERIKSEJV in appreciation for their diligence and dedication in spearheading the tremendous shoving o£American pride and honor during MemorlaI Day events~. Vv~HEREA S! the Ame~can ~gion Post 7~ Disabled~erlcan ~ter~s Chapter S~ the ~terans of Foreign ~r~ and many indi~duMs ~d organizations joined hands in completing this communiW ~de ~stivM of patrlon~ hometo~ ~ue~. and ~EHHA~ the presence of ~tronaur Major GenerM Chiles Holden, Jr., ~e State Street procession of Stars and Stripe~ the School Street parade~ and the gMa festl~ties at Todd Grove Park s~uted the beedom and libern~s enjoyed by we American~. and ~EREA~ the communiW expresses iu sincere th~ and gratitude for the leadership which h~ been demonstrated in reconh~mlng our Mleglance to the inherent principles andideMs of the United States of America, ~e h~e nation ~thin which we live. NO~ THEREFO~ ~ Ph~ ~u, Ma~r of the CiW of U~h, on behMf of my ~How CouncHmember~ Phil HMd~n, Kathy Libb% Roy Smi~, and Erlc ~rson, MI Ci~ of U~ sta~ and the people of ~e CiW of U~, do hereby commend those dedicated ink, aluMs and organlzation~ who reignlted the Americana Spirit ~thln ~e Uki~ V~ey ~th the initiMMemoriM weekend *~merica The Heauti~lDay" celebration and continue to implement *~peration Flags" throughout ~e leng~ of our ~ir Ciw. Philh'p Ashiku, Mayor Date;June 19~ 2002 AGENDA SUMMARY ITEM NO. 3d DATE: June 19, 2002 REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - JAN TOLBERT, DEVELOPMENT PERMIT COORDINATOR SUMMARY: I am very pleased to introduce our new Development Permit Coordinator, Jan Tolbert, to the City Council. Jan comes to us from the City of Petaluma, where she was the Office Manager/Administrative Secretary for the Community Development Department for 18 years. In this capacity, she had a broad range of important responsibilities involving Planning, Building Inspection, Housing, and Engineering Services. She is extremely familiar with permit processing, and while with the City of Petaluma, she implemented and administered a successful data base system for tracking permit applications. Jan has been with us for three weeks and has already had a very positive impact on the Planning and Public Works Departments. She's very professional and efficient, and has been suggesting ideas for making changes to improve efficiency and overall customer service ever since her arrival. Jan has a wonderful personality, is great with the public, and has fit right into our Staff "family." Please welcome Jan Tolbert to the City of Ukiah. RECOMMENDED ACTION: Welcome Development Permit Coordinator Jan Tolbert to the City. ALTERNATIVE COUNCIL POLICY ACTION: N/A Citizen Advised: N/A Requested by: Department of Planning and Community Development / Public Works Department Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager and Diana Steele, Director of Public Works Attachments: None APPROVED: Candace Horsley, City M'a~ager MINUTES OF THE UKIAH CITY COUNCIL REGULAR MEETING WEDNESDAY, JUNE 5, 2002 The Ukiah City Council met at a Regular Meeting on June 5, 2002, the noti had been legally noticed and posted, at 5:48 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken Councilmembers were present: Larson, Libby, Baldwin, Councilmember absent: Smith. Staff present: Communi~iiiii~ervices , DeKnoblough, Assistant City Manager Fierro, Risk Manager/Budge~'~!i~cer Harri" Manager Horsley, City Attorney Rapport, Planning Director p, an~'~.: Clerk *5:48 p.m.: Adjourned to Closed Session *b. Conference with Legal Counsel G.C. Name of Case: Shoemaker v. City of U Court Case No. SCUK-CVG Reconvened: 6:30 p.m. - Existin_q Liti_qation a!n,o County Superior Count lowing ~hiku. 2. PLEDGE OF ALLEGIANCE Councilmember Baldwin led the 3. INTRODUCTIONS 3a. Introduction of Inte City Manager Horsley advised th Cohn, retired Fire Chief, as Interim Mr. Cohn was an employee of the C~ e of Allegiance. the services of Ron for up to six months. Forestry (CDF) for 40 years Baldwin ABSTAIN: in various capab~jncluding Divis hief, Depu Chief, and finally Chief of the Madera-Maripe ,::,~,.Unit. He al ...... as Fire Chief of El Dorado County Fire Protection ~=~t be 1999 and ~ discussed his employment with the CDF. S~'~i!~:':::his official ii~{irement in 1. ~'has served in several other capacities with t~ii~,districts an~nservation ~ grams. Chief Cohn lives with his wife in Shin~'~'::~' s, Cali iii ~e~elcQ~ed him to the City staff. 4, MINUTES Regular the Regular Meeting Minutes of May 15, 2002, as roll call vote' AYES: Councilmembers Larson, Libby, NOES: None. ABSENT: Councilmember Smith. 5. RIG H~.ii.~O APPEAL Mayor AsM~ read the appeal process. On/Baldwin approving items a through j of the Consent Calendar as follows: a.:?~i~pted Resolution 2002-38 Approving and Authorizing the Execution of Program ........ Supplement No. M003 to Administering Agency-State Agreement for Federal Aid Regular Meeting June 5, 2002 Page 1 of 15 Projects No. 01-5049; b. Approved Budget Amendment Authorizing $2,000 Expenditure of Building Inspector Equipment Replacement Funds for Computer Replacement; .... :~,,:,~,~,::,,~:: c. Adopted Resolution 2002-39 Restoring 62 Feet of On-Street Parking Along Oak Street; d. Awarded Bid for Purchase of Patrol Vehicle in the Amount of $24,667,~i~': D ownt own Fo rd Sale s; .... ,~:,~,~iiiiiiiiii i ?ii iiii iiiiiiiii~:, Awarded Contract to Ferranti Construction, Inc. for Sidewalk Co e. North Side of Mendocino Drive, Specification No. 00-06, in the ~ated Am:6~?,~gf $60,834; ..... :-::~,~ .... f. Awarded Time and Expense Consultant Service Agreem~o win~iiii~ Kelly Design Services Related to the Construction of Orcha~iii~iiii~ddge ~:~?:!~rr Creek and Associated Street Improvements, in an Amount::~::~i~:~ E~d $100,054, and Authorize the City Manager to Execute the Agreg:~::; the: g. Awarded Contract to Lee Howard Street Improvements Along a Portion of the Estimated Amount Not to Exceed $23,000 Authorizing the Expenditure; h. Rejected Claim for Damages Received From to Joint Powers Authority, Redwood Empire Municipal i. Approved Agreement for Servi~ Authority Depot Renovation j. Received Reportto Coun, for Installation of Ace Do( as Fiscal Agent with the ~nstruction of Half Lane, in the Amendment Mabery and Referral Railroad lct with .C. Schim~i~t Construction Inc. nt of Motion carried by the following Baldwin, and Mayor Ashiku. Councilmember Larson, Libby, N None. ~TAIN: None. ABSENT: 7. AU Jim Bu: block Susan fence wa! !NTS ON NOi ........ ITEMS tis, and Ukiah, addressed Council ucted by to block access between Oak and · fence should be removed so that it does not 'ed along Orr Creek. Ashiku litigation there is an item under Closed Session on the Agenda with and it will be discussed later in the meeting in Closed City that she has talked to some of the neighbors living in this area oted that there were very specific legal reasons why the City was asked until later this week, due to the City's involvement in litigation with Mr. the neighbors for keeping her informed of the situation. 8 ii~°ption of Ordinance Amending Division 1, Chapter 2, Article 2, Section ~?,',iiiiiliiiiiii!?=62 of the Ukiah City Code Regarding Councilmembers Salaries Regular Meeting June 5, 2002 Page 2 of 15 At its May 15, 2002 meeting, the City Council introduced, by a 3 to 1 vote (with one member absent), an ordinance modifying the monthly salary for Councilmembers effective after the November 5, 2002 election. The Ordinance is now ready for adoption. M/S Baldwin/Larson adopting Ordinance 1037, Amending Ukiah 2, Division 1, Article 2, Section 62 Establishing the Salaries for Council~ by the following roll call vote: AYES: Councilmembers Larson, Ashiku. NOES: Councilmember Libby. ABSTAIN: None. Smith. Chapt~iil carried ayor ,er 9. NEW BUSINESS 9a. Discussion and Approval of Mendocino MSWMA) Annual Budget City Manager Horsley advised that the City Cou MSWMA annual budget before its final adoptio M/S Ashiku/Baldwin approving MSWMA's 2002/03 ement Authority - ....... y:~,i~yiews and approves th~ MSWM~ii~oard. Councilmember Larson explained to the audience ab~i~i ~e budge~i~::,document for MSWMA. He recommended :ity provide a copy of'::~"~~~!iiiiiii~udget at the counter. Motion carried by the call Council~"~bers Larson, Libby, Baldwin, and Mayor Ashiku. Ai Councilmember Smith. 9. NEW BU 9b. Inter Munici Sic rest Smith Str PI; R; banners/si[ from Peter R advised that Definition of "Sign" and Violation - Rainbow dah was recently alerted to a situation at the 294 West Smith Street in which six large roof of the buildinq. He received a phone call ~on, General Manager of Rainbow ~3onstruction, late yesterday continued because he didn't think he would be able to attend .rdson's second request to continue the matter. The Sign Ord unique looking on top of the building. Staff reviewed the and it''~ .s Staff's initial reaction that the devices constituted signs. When this ~r was brought to the attention of Mr. Richardson, he indicated that they '~ii'~ii!iii~i'i~'!ii?~ii:~i~:are simply.~;i~ and/or may fit the category of "corporate flag". The Code does not ':"~iiiiiiii~fine wh~'~corporate flag is. If Council determines that the devises are banners, they ~!d .... !"~::be allowed for a 30-day period with the Planning Director's approval for a s~ ~ent. He requested Council look at the definitions of sign, banner, and flag and d ine what the devices are, then direct Staff appropriately. Regular Meeting June 5, 2002 Page 3 of 15 He read the description of "sign" and noted that with the Rainbow Construction logo on the devices that the devises should be considered signs. City Attorney Rapport explained that even if Council determined it was a fl~i!~~ not think it inconsistent with determining it is a sign. The term flag is of the City Code which lists prohibited signs. One example of a prohibit~~ is a other than a flag of a nation or corporation. That would be a further ind'-.~:~::,~::~:~:~'~:~:~'~ii~''':~. ...:~t a flag is considered a sign under the Sign Ordinance. :~;~:~:,?~:~?~?;;:~:~:~?:?:~?~:' Director Stump explained that the code would not allow sign'~(?,:~,::::~be place8 Oounc~lmember Baldwin ~nqu~red ~f there ~s a policy ~~nstru'~!~g murals. Director Stump advised that it is included in th~~~'~ Ordi~ce, but is not comm°~ .... ~' . '~ .... , · . . knowledge of the public Murals appear now a ...... ~ ....... w~thout .... rewew Staffs ,n~t~al determination was that the devices constitut~?~Si~~nd :~(e~:~:?'i~;?~:~iolation of the City There was discussion concerning Iogos used by other b~::~~s and~nforcement of the Sign Ordinance. Complai~i.:~ received and investig~::~::.b~~ff were also discussed. It was noted that::~~~taff obtains volunta~~liance from the p ope~y owner. D~scuss~on ~,d ~~~ to the d~splay::~:~ff~c~al flags. Ma~ L~ndley, Uk~ah, was of the o~ ~on that ~'~ ~g flown on the rooftop of Rainbow Construction are beau: ~ raj s 's a~ention to Rainbow Mayor opinion that ~:~devic~s should be considered signs because they use ~ That makes':~~ and ~s meant to call a~ent~on to the identity ~e noted that t':~~bow~, corporate colors are displayed on the c~ ; pa~ of their s~age. Counci Ihe devices display the logo of the businesses and are desi¢ the business. If these devices are found to be other than ~i then it cO:~!~iii',ii~ecome a free for all in the community and anyone who says ~ ~ is art coui:'~ll~St[~ six flags on top of their building. He felt it is clear that th~ i are sig~'§ii~~'e City has to enforce the rules. . Counci ~er Lar~i~":explained that the City couldn t regulate the use of a corporate logo in the color or design in any way other than size and placement according to the Sign nance. The device represents a corporate logo and tells people that the building is of Rainbow Construction. Signage is not allowed on the rooftop and he iiiii~,:!t it is of the Sign Code. ~ ~ember Libby explained that she views the flags as corporate flags and in~'d as to how many corporate flags can be hanging on a building. She noted that thi~"::~=:is not the only business in the City that has corporate flags on its roof and that Regular Meeting June 5, 2002 Page 4 of 15 Council should not be selective in enforcing the Code. She felt they look like corporate flags and didn't view them as signs. M/S Ashiku/Baldwin supporting the Planning Director's position that the si~i Rainbow Construction on West Smith Street be removed and that Council ~Srts ::~,i',~i~,~,~,, position th at th ey are Big n s. .... Director Stump advised that there is an issue with displaying the flags were placed elsewhere on the property, they could potential they complied with the allowable square footage for signage for any is willing to work with Mr. Richardson to relocate the signs o9ii~9. I Motion carried by the following roll call vote: AYES: G i' im " rs Larson, Baldwin, and Mayor Ashiku. NOES: Councilmember Li~ii? ...... ABSTAIN: None. ABSENT??/ 9c. Review, Discussion, and Formation of Mendocino County Draft Ukiah Valley Area Planning Director Stump advised that Mendocino for the unincorporated area in Commission has reviewed it. Supervisors. The Board is n as part of the Ukiah the County and Steering included a blue print for the changes to what the City had 995 the Staff report. g the "Area" Plan Planning the Board of plan was begun and residents from General Plan that County has made some highlighted those changes in The U i disc'~~iiiii~e UVAP. He recommended Council considel ,,main area~~und that Council may want to focus on is the urban bou,~ry~ "line for the area outside the City Limits that Sphere of Influence. These areas stretch beyond ....... of Influence will encompass. It is meant to capture 4opment and also to promote areas around the City with a compact mh'~'~::~:~ i~mtained ~ development theme that was envisioned in the City's Generai~''::~ ,:and s'PI ve of it. He noted that one difference it does have is that the C~ plan for a joint City/County design review body and the UVAP suggests th~iiiii~ be deleted in lieu of using the City's guidelines or developing guidelines similar to th~??~ity's for commercial development, so that there will be cohesive design iii:;:,iii:,,,,~,,guidelines ~?the City and the areas adjacent to the City. Staff is supportive of this T~ii~":'one controversial element ~n UVAP that suggests the deletion of the rim trail a~'ver trail" visions that were contained in the City's General Plan. Through the C~"~'nty's review process, they received significant opposition from landowners and they Regular Meeting June 5, 2002 Page 5 of 15 also felt it would be more prudent to expand and enhance the existing trail systems in the va!ley rather than attempt to establish new rim or river trails through agricultural land. The County is also suggesting that the UVAP have stronger polici~.~ for agricultural preservation and looser policies for hillside development. Councilmember Larson questioned the County Planning Dep ~ mern~~:;ii'':'i~:~;~'~'''' regarding the area plan element and questioned the County having d:=~'~'~:~trol over the City's Sphere of Influence. =:~,:?:~iiiiiii iii? ......... ::'~'~iiii~?~ii iii i ii?~',ii~::~:.:~ It was the Consensus of Council to postpone the item until 8:0~'~ii!i!?~, when staff could be present at the meeting for further discussion .... :.::,~:,~;~',iiiiii~,~,,::: 7:19 p.m.' Mayor Ashiku left the meeting. ::~,,~::?,,,,,i?~i}~: 9. NEW BUSINESS 9d. Rel~ort to City Council Concernin¢ Commercial-Residential Develo City Council/Planning Commission Meetin. Planning Director Stump advised that Staff was recen' landowners who expressed interest in developing mixed within the City. Both land own~ affordable housing with small 7:21 p.m.: Mayor Ashiku Mixed of Date for Joint by two different projects Iing attractive He advised that there is an interest medium intensity commercial Council/Plannin~~~!ssion me that the City is,~i'~'~ .... '~®~:~% upon It is ~ · = :~i::ii~i[~i~i~r;:~'' ~~:~ii::::i:. . · o~scuss Dr~?commun~p~ann~ng and annual meeting woulc at 6:30 p.m. · 7:24 id' 7:30 p. ~le housing with small and it is time for a joint City iiscuss some of the broader planning issues ;d that the joint meeting would allow time to issues, problems, and alternative date of August 21, 2002 at 5:00 p.m. for the g Commission. The regular City Council . 9c. Revi N Discussion, and Formation of Comments Concerning the no County Draft Ukiah Valley Area Plan from earlier in the meeting. th Larson referred to Ms. Townsend's Memo dated May 30, 2002, .03 The Planning Area" and inquired as to what the County does not control in of Influence that is outside the City Limits. Regular Meeting June 5, 2002 Page 6 of 15 Pam Townsend, Mendocino County Senior Planner, explained that the Sphere of Influence is set by the Local Agency Formation Commission (LAFCO), and in order to change the Sphere of Influence it is up to LAFCO, not the County. The S of Influence, as proposed by the City when its General Plan was adopted in 19! areas such as the western hills that wouldn't be appropriate for urban there are a number of policies in the General Plan regarding urban gro time, the Sphere of Influence. Therefore, the County thought that it ;nt boundary that corresponds to the urban classifications and the Plan. In proposing the boundary of the Ukiah Urban Boundary, went around the urban classifications that are currently in the then the County Planning Commission made some revision~iiii~:iii~i~iii~!!i!,,i~!i~, Councilmember Larson inquired why the County~iiii!~i~ '~ to create designation in an Ukiah Urban Boundary. · Ms. Townsend explained that the City wo~~i~i~i,,~the ag:~ii~::::,,:that would propose changes to LAFCO with regard to the Sphe~'' '~nce,~,,,i~i~i~iii!ialso noted that the Sphere of Influence also includes lands that are appr~~ii~r an'nexation. There are a number of policies in the UVAP that say that urban g"~,:~,::should be directed into a Ukiah Urban Boundary, where it used to say into the Director Stump reminded would be pursuin~ii~ii~endment to the City's Sphere of Influence that the City,~,:~!i~ncil and Planning Commission could discus,, City's~::~here of Influence is consistent with the General Plan vi: ed. ly Judy Pruden, Ukiah, discussed Commission with the documents. developm~~§tanda~ to the Counl so that the General Plan, the Planning County~'' Board of Supervisors on these ly urged t~iiii!i,:::City.and County interface when setting felt coun'~ii?sh~ consider what it wants to see happen °s. She r ended that information be provided to does not ~~ate items already completed by the City. Councilm~ delete any to a rim trail. the County Planning Commission decided to Jarc They to~ valley outcry the County Planning commission felt there was a fairly rim trail, mainly due to invasion of private property rights. ~ncreasing the connection of the existing trail system in the any particular locations for new trails. Councilme~ Baldwin noted a reference in the UVAP saying that we are at a near water lack of water, which may mean that development would be All plans, both agricultural and developmental are dependent on a is basically tapped out. He inquired if that is what the State Health D ""~nt told us. Regular Meeting June 5, 2002 Page 7 of 15 Ms. Townsend explained that the state document identified some deficiencies. There is a crisis occurring now but there are some measures that may be put into place, particularly conservation, and noted that most of the districts do not have a cons~ion plan in place. She noted there are other political issues having to do with gro~ :r wells and whether to look at ground water as surface water. :~,~iii~;ii~i?~iii?i!? ......... ~i'~! i i~,?~!i'~ii~,~::~::., .... Councilmember Baldwin noted that the County Planning Commissi~i?~i~:~,::,,deleted every reference to medium and high-density housing. Ms. Townsend responded that the County Planning working from the existing County General Plan land use the maps that the City had adopted. Under the existing classification called "suburban residential" which encompassed by the medium and high-density clas~ Councilmember Baldwin inquired if there wa~ Commission concerning clustering, development. He noted there is some concern as to college, assuming water is available. Ms. Townsend replied that incentives for clustering in the there wasn't specific college. The County the Pinoleville area, west of H that more growth should be develo a problem with Redemeyer Road City as being at level of that would h~ recommen Discuss' allow discussion of Iopment section. It a lar retain 101, a~ or com , ing those arE )n there is density adopted by the City iscussi~ili~y::::,:the County Planning ,igh??:~"~:'~y, or townhouse in the area by the · and adding ed, although :t adjacent to the lands north of floor. They thought stern ~1 that we do have of coming into the with a map of the areas if the County Planning Commission's the existing County General Plan. i'd she noted that the new designations Counci that the County Planning Commission sees no relevance for a Parks and Recreation District. :..::~,iiii~,iiii~i¢~¢,,,,,~i~' ::.~ ~ .~nsend ex .. -, .e~:...,.:.[~at.,:.~,~i,, ::~ the senbment was that rather than focusing on .............. r¢i~,:..ii~,. ..~, ~.,..~!.i~:.~,:~i~,~j..i~.:~L~!.~. . . . . estab ~~ a new e,,u~my would rather look at opbons for paAnersh~ps, financing, a joint po~~greeme~ween the County and the City, or some other mechanism. Councilme~r Larson noted that the County Planning Commission changed a goal from develo nt, or suppoA, for the new community center to assisting in evaluating :'~?~;?~??~?::~%the need f~ecreation facilities. He explained that the community center is being ~velope~d he did not understand why the County would be backing away from its Io ~':;~::~'~t at this time c~i:lmember Libby noted that the Coun~ is suppoAive of the community center. Regular Meeting June 5, 2002 Page 8 of 15 Ms. Townsend advised that she was not aware of the time frame when the community center would become a reality compared to when the County Planning Commission made its recommendation. She noted that the mindset of the County ~~==~,!ng Commission at the time may have been to wait and see what the existing fag and whether they could be more efficiently utilized rather than putting ::~~y another facility .... /?~?~;~ii~.~::~:~:~:~?~'' Discussion continued with regard to recreational facilities in the vall~iiiii? ............. ~'~ilili!~iiliiii ii ii'~iiiiii;~ Councilmember Larson noted the huge burden that currently eX:i~ii~n every that City personnel can locate for recreational purposes. Hff~,::;~,,:~.not u~"~and City and County shouldn't be pursuing a Parks and Rec~~j.strict ~::'i:ch would solely charged with that responsibility rather than tryiD~i ri~iii~Ogether two entities, one of which is struggling to sustain a program for .t~iii',~tire valley, and the other just:: maintaining the facilities that it has at a minimal le~iiii'~ith no recreational programs. Ms. Townsend explained that just because mean that is what the solution would be after the inve,, matter, it doesn't Councilmember Libby referred to Community Design will see more consistency in our not see any strong wording in ti inquired if we /. She did Ms. Townsend responded from those and identify what part: where they want to maintain c~ staff and resources that can be put guidelines. :o take all of thi politically rea Guidelines and start at least in those areas have a limited number of educating people about the hings into account and consider what will be Council. the P City County's asi to utilize. the that the and deletions in the Open Space and Recreati~ seem regressive and almost reactionary. If the in the future, then the City will need the is some open space available for the public that the policy-making body would take that into account and Commission's deletions so that it would be more friendly to Counci closely in as hiking, Libl of the opinion that the City and County need to work guidelines concerning development through the valley. As far :ling, and trails, she thought it is more realistic to expand existing trails. Counci er Larson referred to the Community Design portion of the document ~d note{ page 12 there is discussion of different design criteria in different areas competition for development. It states "location is decided on the basis of east costly regulations." He thought that the volume of high quality businesses th been drawn into Ukiah and have produced aesthetically pleasing projects by .I standards, compromises the statement. Regular Meeting June 5, 2002 Page 9 of 15 Ms. Townsend explained that the excerpt mentioned is contained in the City's General Plan and that the comment is meant to explain a phenomenon that often occurS~:,i?.~,and felt developers would seek to go into the County rather than the City be~~ ~e County has no guidelines or design standards. ..... ~)~rs~nCte~rseSst~2UPk,~vised that he did not think that to be the only fa~~ili~racting Councilmember Larson referred to page 13-4 of the Land Use EI~~::. in whic~'~i~ is a comment of "directing urban residential uses shall be ' .lly Ukiah". At the bottom of the page there is a policy ti' S'~tainable an~ livable communities being developed through corn grated, regional strategies to achieve balance among social econ, High density residential development is general the County is focusing all of the high density not understand how the County planned to community that might be envisioned in other areas. and enVironmental incom~i,~i~people. He noted that devel~ nt in one area, he did soc~fiiiii~nce and integrated Ms. Townsend explained that the term suburban res~denb~?,l~i~esn t m~n that ~t s Iow density. A residential allow for the high~ii~ns~iii~ 28 units per acre of multi-family use, which ! than any of t~ii~'~ts developed in town. She felt that the ~at all the dev~ent should go into the City. She also noted ti County~iiii~ousing Element, that are not part of this document, that and in order to make this document consistent with it, ~e agricultural component. The Housing Element also includes cific about social integration and not putting a lot attempting to break it up. Mayor As recomm~ what wh~ projects a circulation ;he agricultur~iii~:~ii~nown a,,s th,,e Lovers Lane Project. He 'consider the ~ ~tion of SR for those lands in light of the North St~Project. It seems in direct contradiction with where they want to locate their housing It doesn't promote development, but rather makes it easier for individuals to get to work. He encouraged the density and reconsider the zoning for a long-term view of these ',omments made by the City's Planning Commission are to the Board of Supervisors. Cou~ii"i~? was to forward the City of Ukiah Planning Commission's Board of Supervisors. ~r Baldwin agreed with Mayor Ashiku's comments concerning the only if it could be classified as PD-Cluster. If the Lovers Lane area into clustered town houses, then there could be open space and ent, simultaneously. If the Board of Supervisors insists on leaving out the of the rim trail, perhaps they would substitute a bicycle route from Ukiah High Sc~Ool to Mendocino College. Regular Meeting June 5, 2002 Page 10 of 15 Councilmember Larson referred to page 9-7 and quoted the sentence "However, while sewers may be extended to protect a remedy water quality, land use density be governed by General Plan policies and the land use map, rather than availability of sewer and water services." He inquired if installing new would encourage higher density. Ms. Townsend explained that when you pr. epare a General Plan. account facilities, water, sewer, etc. and use those as some of land. Water and sewer districts extend sewers and water lines different facilities or homeowners. It doesn't mean that the as the primary reason to add more land in an urban clas: water and sewer available. into She noted that once the Board of Supervisors a an Environmental Impact Report (EIR) is nece~, to adopt similar guidelines to the City's Gene that of the County, Councilmember Larson explained that at the document, if lighting were an en because the City had no such adopt that portion of the Councilmember Baldwin ex with no attention to the general plan their actions. Ms. Townse~ the approach the City be consistent with environ~i~,,,:~.'~'~::~'~'":'~"' rev~e~i,,iiiigf the County issue and co~'.~! .~lly addressed ~ould benefit the EIR s for the City to his con are taking action consider the impacts of ht concern LAFCO's annexation laws. . 9e. of Bid nbow Con,, for Construction of the Civic Center issued a Noti ,nse to that and s $850, Attorney reviewe~ was recei~ Cu .blough advised that on April 25, 2002, staff for construction of the addition to the Civic Center. In bids were received from Rainbow Construction in the amount of :tion in the amount of $992,569. The architect's ral issues were raised during the bid process and the City of the complaints that were submitted. A second letter es Construction's legal representative. Rapport explained that some bid protests have been filed from both :1 most of the focus concerns subcontractors. Additionally, Cupples leges that Rainbow Construction did not follow one of the instructions in ~ to keep the bid package intact and only use City forms in preparing It is his understanding that Cupples is complaining that the roofing ~r that was listed by Rainbow Construction is both unlicensed and is not :1 by the roofing manufacturer as qualified to install the roofing system that was Regular Meeting June 5, 2002 Page 11 of 15 identified in the bid specifications (specs). It is his understanding that neither contractor included that background information with their bids concerning the roofing subcontractor. Since the bids were opened, Cupples Construction has su~Hed information dernonstrating that their subcontractor is quali!ied and purports tg,~~ that the manufacturer did not certify Rainbow Construction s roofing subco~br. his understanding that City Staff contacted the manufacturer and was~:~,,~=:::~::'over phone that the Rainbow Construction's roofing subcontractor W~ 'i'~ ied. H,e explained that, Rainbow Construction complained that Cupp!~i??Co~'~;~~ions application didnt comply with the bid specs because it didn t ident~e trade {~ii~h subcontractor that was listed in its bid. Both the Public Contract'§~'~ e and Mayor Ashiku inquired if Rainbow Construction has complaint. Director DeKnoblough explained that staff only a ve~l complaint. City Attorney Rapport explained that he noted that they didn't specify the trades for each and the Code. ~struction's bid and ,r as is required in the bid Mayor Ashiku was of the opinior matter back for further discu~ at he would like to Council meeting. and bring the City Attorney Rapport 30days. on 22 and are good for Discussion followed concerning submit informatJ writing, Construction',, 'ould allow thi an opinion reco~ Rainbow Construction their complaints concerning Cupples Attorney some basis in which to formulate y representin( Construction on the matter, advised that . "Board today and it has the same information, noting that 1 ~ roofing contractor. They believe that Rainbow Construction iompliant either with State law or the bid package. She noted her ..... :=,:=~,;~~~rsation company concerning a particular contractor. She felt that ,~!!!iiiiiiii~!ii~'i~ii~~ issues th~ ~e level of not be responsive to a bid and felt it would be ..... ....... appi:~~ ~for the ( i'il to reject Rainbow Construction's bid on that basis. Peter RiC~son,-~' iident of Rainbow Construction, felt his firm complied with this :'~i~':iiii~ii:~,~, spec beca~! they photocopied the document without removing it from the bound :':~:'?:!i!ii ~?~ii:~:~,~. document, ~i~' turned in their bid on that photocopy. He cited the Public Contract Code ~'~'~i'!iii!! ','?~:~.~section 41~i?~ He noted that in the specification book only Se, ction A was listed, ::~'::~'=::iiii~iiiiii~wever,.~iiiii?'Sections should have been listed. He felt his firm s bid is completely ..... =::~ii~on~"~nd cannot be disqualified for any material reason. Regular Meeting June 5, 2002 Page 12 of 15 City Attorney Rapport requested that Rainbow Construction submit something in writing as soon as possible so that he would have a chance to review it before the next meeting. · .............. Mr. Richardson responded by saying he would try to provide something next Monday. He referred to the roofing section 7533, and discussed the. materials suggested by the City. Paul Anderson, Ukiah, recommended that Council not build the Center and that those funds be used elsewhere, such as to pay bike paths. Councilmember Baldwin inquired if there are any Io~ be no violations against the contractor hired by the City Attorney Rapport advised that there is laws and criteria for award of the bid. that require violation of zoning Councilmember Libby inquired as to why the bids architect's estimate of $850,000, which Director DeKnobh are higher than the in detail. It was the consensus of g. 9. NEW BUSINESS 9f. Discussion and Possible Meeting City Manager Horsley advised that for the g 3rd, the determined crucial for Counci the July City Council meeting in July is scheduled of July holiday. Staff has forward at that meeting, and is asking ;il meeting. of Coum 9g. Disc~ ~~.. Manager ~ '~i~i ' ~ brief diS~ion wa,, s to cancel 3, 2002 City Council meeting. Possible Ballot Measures for the November 2002 Election advised that Council has discussed and considered several the November 2002 ballot, but there has not been a concerning the matter. Libby advised she would like to see some things on the ballot in order obtain the views. One item concerns what the public would prefer as far as the filling vacancies on City boards and commissions. The present amended, and now applicants need not submit completed applications, re voluntary, answering questions is voluntary, the application is completed if it is ~,~ ned, interviews are voluntary, and term limits have been abolished. Regular Meeting June 5, 2002 Page 13 of 15 Councilmember Baldwin explained that when several other measures were suggested to go before the voters, Councilmember Libby's complaint concerned the cost to the taxpayers of putting measures on the ballot. He has not heard any concern issues she has brought forth. Councilmember Larson noted that the voters elect Councilmembers, a~ ballot measures were intended to ascertain the public's views. Ultif elects the City Council to make the policies for how the City will we will implement committees and volunteers. public how Mayor Ashiku agreed with Councilmember Larson's views ~D~erning'::~i,~imatter. Councilmember Libby commented that in the last el, ic made very clear what it felt about term limits and then Council did as far as term limits fo:~'::: boards and commissions. Mayor Ashiku inquired if the issues related presented to state voters or city voters? He did not two years ago. Councilmember Libby stated what the voters think, should a whether it should be a Discussion continued with regard received no support from Council. commissions were issue being on the ballot second item she would?~i'~ii~iiii~"~ '~'~'"~'~:' .~i~n~'~':~'~:~: the ballot is eeded on a board o'~ m~ss~on regarding recommendations which City Manager regard to an Assembl' March 2! an update from MCOG today with ,'rease in sales tax for road improvements. measure on the November ballot. In measure in their election. It City not prei exception of Councilmember Libby, that the at the November 2002 election. No 11. None. NEW BI ~rstandi !n. L REPORTS of Resolution Approving Memorandum of Bar~ainin_q Unit- Fire Unit th~ /CITY CLERK REPORTS er Horsley reported that the City received an invitation to a catered lunch sponsored by Rural Communities Housing Development Corporation in celebration of Doolin Creek & Creek Court and the dedication of trees to of Ukiah. Regular Meeting June 5, 2002 Page 14 of 15 She drew attention to an article concerning "roundabouts" which are a form of traffic calming. There is a firm willing to provide the City with a demonstration. She reported that at the recent LAFCO meeting, Lee Howard made som~~:m~i~ii::ii,,~,,~, regarding water issues. She provided Council with a copy of her letter ~0nse requested their attorney clarify the discussion with the City's attorney,~,~:~i,,i'~i er was clarified that they were discussing sharing water, not the taking of wat~ii'?i?' .......... ::~',~:~iliiii~,~i~:il ~?:~:~:: Recessed: 9:20 p.m. :~:~'~.~:~;~:~::~ Adjourned to Closed Session: 9:25 p.m.' ..... ~ ..... "::%~:~:::.~: a. Conference with Labor Negotiator G.C~~57.6 City Designated Representative' Can~Horsley?~ Manager Employee Organization: Fire Unit ~:~ ~?~:~:: ........ No action taken. .::::::~:~?: ......... *b. Conference with Legal Counsel G.C. §54956.! Name of Case: Shoemaker v. City of Ukiah, Mendi Court Case No. SCU ~0-83789 No action taken. ation c. Conference Liti_qation -- Name of Case: Ruelle v. Case No. SCUK-CVCV 0O no further No action taker 14. A~ There - Existing · ':~:~l~,::" . . the C~ty ~~l meeting was adjourned at 10:35 p.m. Marie Ulvila, Regular Meeting June 5, 2002 Page 15 of 15 6a ITEM NO.: DATE: June 19, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MAY 2002 Payments made during the month of May, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the five (5) individual payment cycles within the month. Accounts Payable check numbers: 39350-39440, 39442-39546, 39647-39754, 39843-39949 Accounts Payable Manual check numbers: none Payroll check numbers: 39268-39349, 39441, 39547-39646, 39755-39842 Void check numbers: 39208-39267 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of May, 2002. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: ~C~i a' nager KRS:W ORD/AGENDAAMAY02 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY 2002 Demand Payments approved: Check No. 39350-39440, 39442-39546, 39647-39754, 39843-39949 FUNDS: 100 General Fund $147,059.88 131 Equipment Reserve Fund 142 National Science Foundation 143 N.E.H.I. Museum Grant 150 Civic Center Fund 200 Asset Seizure Fund $20.00 203 H&S Education 11490(B)(2)(A)(I) $1,484.22 204 Federal Asset Seizure Grants 205 Sup Law Enforce Srv. Fd (SLESF) $1,925.71 206 Community Oriented Policing 207 Local Law Enforce. BIk Grant $1,666.66 220 Parking Dist. #10per & Maint $1,115.45 250 Special Revenue Fund $107,984.82 260 Downtown Business Improvement 303 2105 Gas Tax Fund $430.00 330 Revenue Sharing Fund 332 Federal Emerg. Shelter Grant $10,396.90 333 Comm. Development Block Grant $6,148.30 334 EDBG 94-333 Revolving Loan $878.48 340 SB325 Reimbursement Fund $17.17 342 Trans-Tranffic Congest Relief $15,619.26 410 Conference Center Fund $5,372.48 550 Lake Mendocino Bond $1,340,756.61 575 Garage $859.66 600 Airport $26,907.27 612 City/District Sewer $42,560.09 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 670 U.S.W. Bill & Collect 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 699 Special Projects Reserve 800 Electric 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 39268-39349 DIRECT DEPOSIT NUMBERS 13245-13363 PAYROLL PERIOD 4/14-4/27/02 PAYROLL CHECK NUMBERS 39441, 39547-39646 DIRECT DEPOSIT NUMBERS 13364-13487 PAYROLL PERIOD 4/28-5/11/02 PAYROLL CHECK NUMBERS 39755-39842 DIRECT DEPOSIT NUMBERS 13488-13610 PAYROLL PERIOD 5/12-5/25/02 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $6,208.29 $4,427.88 $1,814.12 $23,012.35 $1,328.05 $7,267.50 $42,784.18 $895.00 $5,267.56 $9,118.30 $707,251.93 $12,240.28 $283.40 $65,521.90 $14,647.84 $194,036.50 $1,643.88 $39.13 $78,00O.00 $188,874.31 $3,075,865.36 $80,539.73 $215,850.98 $459,605.05 $3,831,861.12 VOID CHECK NUMBERS: 39208-39267 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance 0 M nc E~o (D · > CD CD 0 L~ 0 Z 0 ~ Z Z o o 0 m · -1- O~ > o0 ~ cD o cz) c) cD cz) o cD [.~ [.~ 0'3 cq O O cc} c~ ce) oD ~o ~ o 88 ~O 8 °88 Z 0 > Z Z 0 k-I D D O H ~ O O ~ ~ O Z ZO M~ ZMH Z M Z Z O L~ ~ 0 I'--I Z H 0 Z 0 Z 0 ,-a 0 Z Z 0 ~ (.) O ~ 0 H Z O O ~ ~Z ~ H -2- O< > C) 0 0 0 C) C) C)0 CZ) 0 CED 0 O O O O O O O O O O O O O O O O O O O O O CZ} O CD ~D ~D ~ ~D C} O O o O CD CD C) O CD ~ CZ) C) CZ} CZ) CZ} O O O O O O O CD O · . · · . · ~ o~ o ~ 2° 8 00000 Z~ Oo ~o Z 0 0 ca Z ~ E~ M H © 0 Z ~Z 0 M © ~ ZO ~mm ZO Z ~ Z~ Z ~ ~ ~ Z Z 0 0 H ~ ~ M~ZO 0 Z~Z~ M~ -3- O~ o CDC}C) C) CD CD 000000 00 c~ c~ cD ~D 0000 0000 0000 00 0 o~ o~ 88° Z O~ 0 ~Z O0 O0 o8oo 0~ 0 ~ZZZ M ZZZ ~ ...... ~ ~ H~~ 0 ~~0 ~0 M~O 000000 ~ M~M ~~ZZO ~0 0~0 M Z Z ~a O~ 0 M 0 o o ~ o · 0 o o 000 DD ~mm~O0 z zo~ 6HH~0 E~c-a Z~ 0 o 0 L~ ~0 Z 0 Z ~ 0 ~ Z ~ 0 MXXX 0 Z o ~OH ~0~ ~ZO ~,,,~,~ 0oo ~>> Z ~H Z Z 0 ~~ Z O~ -4- r~ rD rd > [-..~ [... p.. o o o o o o o o [... [..~ [.~ CD O CD O O O O O O Ln LO D"- O O 0 u,.4 ~ 0 o0 o · . · ~-q <:2) ~ Iz:) O oo88 ¢o o4 (%] o o Z 0 O~ 0 0~ Z~ ~Om~ Z O %E~ Z ~ H O O r~ o O~ ~Z ~° ,< O~r~ ~) O~ Z~MOM 0~~ M 0 0 -5- ~ .~ L~ O~ O~ 0'~ 0 0 0 °~g 0 o 0 0 o 0 o o o ~ 0 0 o 0 0 0 MMO ~ z , 8 © ,.~ Oo r..) ~ o > o o z o z ~o o,< 0 e ~o ,< o ~ z ~ z ;So ~ z o o ~ZZZ Z a~ a~ H ~o~ · Z Z ~ -~- 00 00 ~D ~.~ o o o o o o [~ ~.~ [.~ c~ og o o ~o~o Z~Z~ Z~Z~ ~Z~O O~O~Z o8 Z Z oo oo oo 00000000000000000 ~ZZZ~ZZZZZZ~ZZZZZ DDDDDDDDDDDDDDDDD~ CD O 0 O 0 > > O0 o o Z D 0 ~ 0 Z~ OO Z 0 > d~ (D , 00000000000000000 m ~ ~ m ,< m ~ © 0 F4 Z 0 n~ 0 ~ 0 Z ~ 0 H m 0 -7- 0 O0 O0 000 o8 E~ M MO o o ~ ~ o r~ r.~ 0 Z ~ o ~ ~ E~ u 0880080080008 0 O0 O0 0000000000000 0000000000000 ZZZZZZZZZZZZZ 0000000000000 Z~ Oo Z 0 Z ~ Z C~ ~ ~o ~H ~0~ Z 0 E~ ~ o kd Z z m E~ o~ o~ o ~ d ~ o ~N ~ ~0 ~0~ [.x.l o o E~ 0 o o ~ZZZZZZZZZZ~ZZ ~0000000000000 -8- 000 ~D ~D ~4D 0 0 ZZZZ~Z~Z~ 00000000 oSgg~gg8°°8°8°°ooo o ~ooooo~oo~ °°88°°88°°~g°° ~ZO~M~ ~ ~00 ~ e ~ Z~ 0 o ~ ~00000000 ~000000000000000 000000000000000 Z H O0 n< E~ H ~ 00 ~ H H E~ F-~ -9- o o o o o o r...., t~ t..~ o~ o o~ o~ ('~ ,~-~ ,--I o o o c~ o CD CN1 CO OD 0 0 Ln ~ 0 0 0 CZ) CD 0 Ln Ln 88 ~0 ~0 ~0 ZZ ~ ~0 Z Z 0 0 ~c~ Oo rj~ Z 0 · Z ~ 0 0 ~ H ~-q 0 E~ 0 ~ O~ OC~ O~ ¥ Z ~ ~Z~ 0 H~Z ~0 ~ ~Z~ ZZ 0 -10- o cD L~ 0 Z H 0 ~ 0 ~ > (D c~ 0 o (l Ln 0 ~ O~ M 0 U c~ ~ , ~ , m 0 M ~ -12- r~ o O< 0~ (D · > 00~ ~0 000 00000000000 00000000000 00000000000 000 0 000 0 ~~ 0 0 0 LO L~ 00 ~ CO c,~ 08000 0 00 000 0 0 [-~ [~ [.~ Oh O0 O0 L~ LO 00 0 ~-~ 00 00 000 CO ~0 O0 ~.~ ~.~ 000 o8 o oS°°SS°°SSSoooo 00000000000 o~oo~ooooo~ ~~000~ ooooo~oo~ ~~~000~ Z~ZZZZZZZ~Z 00000000000~ ooo8oo88oo~o 000 O0 ~ 0 ~000~~0~ ~ ~ 0 oo 8 Z r~ Z o ~ Z Z ~ 0 0 ~ oo8 0 Z ~ Z ~> Z ~ r..) ~ o20~ © c> Z 0 0 ~ Z ~ 0 0 0~ H~ ~0 ,M~ OZZ 0~~ Z r~ t"q c~ -18- CD 0 CD CD 0 CD CO CO [..... [-.,. [-.. [...... ['"- CD 0 0 0 0 CO CO O0 ["'"'- D"- ['"-- CDC:DO [""- D'"- [""- P'~- D'-- ["'-- c~ oq t-~. [~ [.~ 0 0 ° 8 Z mm>mo ~~Z o CD 0 · . . · . ,:-t cq c~3 · 0 ~M o~mo ~>~ >m~z oo8 ~ZZ ~Z~ M~ 0 mO ~OHO ~° O o Z 0 ~ H © ~ > m Z ~ M 0 ~ ~>~> ,,,, M 0 Z~ > ,< Z > O Z © ~ © ¥ ~ O~ ~0~ OZm ~ZOm 0 r~ Z 0 -14- ~ ro O~ Z Z ~ o o o o o co co o0 c.q cq c~ Cc'} ~-,... [.,.,,. [-.. 0 0 o o ~ o Z · ~ o 0 r,D c~ · o o o 0000000000 ~ZZZo ~ZZZ~ OCaO o o ooo ~ ~ 0000000000 o~ooo~oo~ o o ~0~0~0~ ZZ~Z~ ~ 0000000~ ~ 00000000 m ~ZZZZZZO ~ 0000000~ U o ~0 HHHO ~o 0 ©~ Z 0 > ~0000000000 ZZZZZZZZZZ ~0000000000 >XXXXXXXXXX 0 0 000 O0 ~zzm~~zz 2~ 0 ;2o 0 0 Z M SO00 X~R° Z O~ ~ X M~O Omo~ ZO ~ Z O~ ~,,, -15- co c~ 0 000 000 000 000 0 0 0 0 000 O0 o o o o oo co Z CD 0 0 0 © ~DDO ~00~ 0 O0 O0 0 O0 O0 O0 O0 ~00 0~00~0000000000~00000~000~000~00 ~0~00~0~~~~0~0~00~~ ~~~000~~000000000~0~~ 00000000000000000000~~~000000 00000000000000000000~~~0~~ ZH~ ~0 ~0 00~ 0 Ln 0 LO ~c~ Oo 0 Z 0 ~0 ZO O~ZZ 000000000000000000000000000000 ~000000000000000000000000000000 000 000 ~0~ 0 0 Z 0 -16- 00 CD 0 O0 D-- O~ O~ o c~ ~ o ~o ~mo Zzz 003> o 0 o 000 O0 0 0000 0000 ~~00~~ .......... ooo~ Z~ZZ ~~0 Z ~H~O O0 0000000 o~ooo~ ~000000 ~000000 ~Z~ZZZZZ ooooooo~ 88000880 ~ ~~0 o o z z :~.o z~ 0 o ~o z o > o o Z z ~ ox~ o~ o~ ~ z~ ~m~z m o~ oo~~~ ~o~Z~Z~ Z O~ZO~O~HO z ~-0~ ~© O~ ~0 ~0~ ZZZZZZ M M > 0 -'!7- k~O ,.-4 0 0 0 0 cO O0 [-..., [-... P'- E"'- Cb 0,4 0 z E~ SSoo o 80 08 O0 0 0 0000 0 O0 · 0~ 0 ~ O0 ~000 ~ O0 0~ ~ O0 ~00 0 0 ~ O0 0~0 0 ~ ~~o ~o o~o ~o ~o z 0 > z ~ z m o zM 0 ~z OH ~ o ~ ,zz ~ ×oR o~ o~ ~oooo Om 0 ~ ~ 0 o ozzzzzz ooooooo -18- O,~ (D · ~D O CZ) CZ) CD O O C~ CD CD O O CO OO CO CO C:O CO D'- ~ D'~ ~ ['"' CD C:O OD CO [""- D"'~ ~""- ~"- D"- ["'-- CDC) C) CDC) CD ZZZ OOO ~r~O Z ~ ~ ~0 o m~o~ 8 Z ~Z ~0 ~Z 0~0 ~ZZ~ ~0~ Z~OZ 0~ oo o · o o o © o O0 0000 ~0000~~ Oo ~o Z 0 Z ~ 0 Z C: Z M M O~ ~ o~ Z 0 ~ ~ ~Z 0 Z~ ~ Z Z~ O~ ~ ~ O0 ~0 ~ ~ H ~ Z~ O~ ~000 O~ ~ Z m H ~ Z~ ~° H Z r~ 0 r~ Z~ 0 > ~ ~ mZZ~ZZZZZZZ ~0~0 0~0~0 -1§- O< c~ 0 000 0 0 0 o $$ c~ OD o21 '.4D ~D 00 CO CO 0q 0 0 000 000000 0 0 O0 ~0000 000000 DD DD~ 00 0 o 00 · o cD 0q eq · . 00 · . E~ S~°8°°°8oo8 ~ ~00~ O~ °°8o88~-~oo · 0 cq 0q Oo ~o Z 0 > >ZZZZZZZZZZ ~ ~ ~ o~ ZOO00000000 Z~ ~<< ~ D~H > o co co o0 [.... [.... [,... [..... [..... [.... Z~ 000 o'-~ o~ o~ c~ o o co 0o co oo o ZZ~ 00~ ~00 Z~ 00~ ~ZZ ~0~ 0 0 00000 00000 0~000 ~0~ H~HHHO ~O~OZ~O~ HZ ~ ~ ~ 0~ 0 ~ O~ Z 0 > M~ ~ZZZ 0 ~ HZ 0 ~ Z~ 0 ~O000e ~O000H ~0 O~ O~ ~ MO ~0 ~Z ~ O~ ~ 000000000 -21- ~ o O< E~ cD (D · ~o o o o ooo0o,% 0 0 co co o'% c~ o o ~.. o0 c~ c~ o o cD o co 00 ~-. ~-. o cq c,~ o o co co o'% co o o ~-. ~-. c~ c~ o o (iD o co 00 ~ ~-. [... ~.. 8 o o o o r.D ~> oooo oooo oooo 0~00 ~0~ ~00 00~ D~DD~ o 8 8 2 8 2 o ~ o o ~ 0 M 0 o'~ o ~o o Z 0 Z ~ 0 ~ C~ 0 ~ O~ Z Z M 0 Z~ O~ m~OZZ ,< © O~ OP~ M 0 Z ~ ~M ~MO -22- Z O0 o~ c~ o,1 o o o o co co D--- co ~0 o o ~DDDD~ 000000000 000 0 0 0 0 O0 000000000 00~ ~ ~ ~ ~ O0 ~0~~~ ~0 0 0 0 0 ~ 0~000~0~ ~0 0 ~ ~ ~ ~ ~0~00~0 00~ ~ 0 0 0 ~ ................ o~~oo~o oo~ ~ o o o oo ~00~ 0~ 00~ ~ ~ ~ 0 ~ m~mmmo mmO ZOmO  ~ O0 ~ H~~~O ~0 [.D rj~ O Z ~ 0 r~ H 0 0'-- © Z ~000000 ~ooooooooo O~ ~ M > 0 0 Z~ ~M M 0 -23- E~ o c) o0 oD Z cz) o m~> 00~ 0 ::> ::> Q · · · 88 00~: 0 :::> :::> Q · 0 o88o ~000000~ ~ oo~ o ~° ~ MHO O~ Z 0 m ¥ ~ r..) O0 Z r~ 0 ,-~ 0 ,<0 © 0~~ ~oooo~ O~~H~ X -24- o D Z 0 0 ~ Z ~ -25- 0 ~ E~o · <2> C> Z 0 Z~O0~O ~0 ~0 ~ Z ~M Z~ -26- 0 ~ E~o i-4 ,~ -2-?- oo2~ o o o o ~0 o0 c0 oq ('-Xl Cxl o o o o o o o o o CD CD CD ~C~ CO CO co (Nj c'q 0,1 O~ 0 o o o o o o 00 ~ ,r-I r--I Cb CD 0 0 0 0 CO CO CO CO ~o~ 0 q~ D~ 0 ~0 ~0 000~ ~0 00~ o o o cD E~E~O ~ ~ 0 C~C~M ~ H ~ 0 Z ~ o8oo o o cr~ o 0 ,-~ ~o Z 0 0 ca M o Z H ~ OZ H> ~ ~ ~ ~ OZ 0 Z ~Z H~ ~ ~ O< r~ZZ Z~ 0000 -28- 0 < o CD oo co co oo oo co ~ cq cxl (%] c~ c~ oo~ g o og o 0000 0 O0 ~000 0 O0 00~ ~ 00 ~ 0 ~0 ~ 000 0 oo~o ~0 ~D~O ~~0 °~ooo 0 O~O~OD · , · . , o"-, o cD · . HHH0 0 ~ r.D Ln ~0 0 0 ca 0 ~0 ~ ~ 0 H ~ 0 ~ Z 0 0 E~ E~ 0 0 r~ , > 0 0 0 ~0 0 ~ ~0 ~ 0 ~0~0~ O0 o 0 0 Oco ~ E~ E~ ~ ~ 0 © 0 ~a 0 , -29- 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 O0 O0 O0 OD OD OD OD OD (%1 6"4 ~ (%1 04 04 0,1 6x1 O0 O0 O0 CO CO CO CO (DO Z (~ o ~-~ LN ~0 ~0 0 C:~ 0 OOO2(:0 o o <D (D c) o o o CD o 00 o0 ('x] (%1 co 00 8 8 o ° o o o,2 ,:2~ o 8 o o o,2 ,?, o 0o,2 ~-~ 0 0 0 0 CD C) 0 CD ~ o o o ~ 8 oo o ,.o ~ o0 ~o.., ¢, ~ ~ o (.D o LF~ CD CD C) 0 04 Cb . ~ 0 0 0 0 0 CD 0 t.~ 0 0 0 Cxl CDC) ~ 0 CD 0 0 0 CDC:, 0'~ oo oo · . r~ Z Z Z 0 ~ Z m 0 o 0 ~ Z M ~ Z~ 0,~ r,_)~ r.D Ln Z 0 0 r~ O~ O~ ~0 Z~ ~ > M 0 Z 0 0 ~ E~ 0 -88- ~D 0 0 0 0 CD 0 CO OD CO CO c~ CD CD o o 8~o oo o o 8 8 ~ 0 0 0 O0 0 0 0 0 000 O0 0 0 0 0 0 O0 · . o ~ ~o ~ o ~ o ~ ~ · .. o ~ ~o ~ ~ ~ ~ ~ ~ ooo o o 8oo o> o 8 ~ o o oo ,,,~ 0 0 ~~ ~0 ~0 ~0 000 M~ ~ZO M M ~0 H H 0 Z~ 0 ~ 0 u~ ~o Z o Z ~ 0 ~a z ~ > o,~ z o o E~ E~ z o ~o M E~ E~ M © r,, -31- O~ E~ o > o o o o OD co C,,1 co 00 Z 0 0 000000 o~ o'~ o~ o o o c> ~D c'q ~q L~ 000 oq oq 0'3 X X M r~ Z Z ZZ~ OO~ O ~ ~ O Z~ ~]0~ ~caO 0 r,.) o~ooo oooooo ZZZ 000~ 0 ~m~O o ~° Z O ~ H > Z cxl oq © ~000000 om z M 0 ~ 0 E~ O~ 00~ 0 ~ 0 H 0 O~ Z 000 Z 0~ 0 Z~ O~ Z Z~ 0 ~ 0 0 m 00 0 ~ 0 Z ~ O Z ~ H O ~ ~O O -:82- 0 ~ H ~ > c) c) o o cD c0 OD ~ o,1 co CO 0 ~D ~0 c~ c~ o~ o o co o0 co co (%1 o'1 o~ o o 0000 O0 0000 0 00 00 CO CO CO CO 0 ~ , , Z Z 000 000 0000000 0 0 000 0 · . . o o0 t..o a~ o°8 000 O0 0 00000000000 O0 00000000000 O0 ~~~0~00.0~ 00000~0~0~~0 H H O o ° 8 Z~ Z Z MZ~ Z Z mOO 0 0 0 ~0 ~00~0~ 0 ~ O ~ H 0 ~00000000000000 0 R ~ 8oo ~ O~ 0~ ~zz~z~~ ~0000000 ~ M 0 ~ -88- > t_~ o CD 0 0o0 Oo o00 0 0 o 0000 O0 0 0 0000 0 O0 0000 0000 O0 O0 O0 0000 0 q-~ ~ O 0000 000000000 ......................... ......................... 0 B~ ~X~XO D ~ 0~ ~MMM ~HHHHHHHHHHHHHHHHHHHHHHHHH ¥ ~HXMX 0~~ E~ Z 0 0 0 0 -34 - O< E~ cD > (D t~ O0 O0 0000000 O0 0000000 0 0 o ~0 ~0 ooo~g~oogooooogoogooooso88o 88o8 oo 88oo8 oo 8008 o o 0 00000 O0 0000 O0 00000 ~0~0~~00~~00~0~ 00~00~00000~000000~0~000 ~~0~~~000~0000~~ ........................... 88oo88oo8o~~o~2g~~ooo~ ~H~ ZHHHHH~ ~HHHHHH~ ~~ o~oo~ O0 o88o~o D~D~D~D~MD~D~ ~MOO ~ Z E~ o 0 a~ d n~ Z ~ ~ , O E~ 0 -85- O~ t~ 000 O0 Ln kO Cq o CD CD o 00 go co co 00 o CD L~ L~ O~ O~ O0 000 O0 O0 000 0000 ZZZ 000 ~ ZZZZ ~o~oo~8o o 0 O0 0 0 0000000000 0 ~o~oo~oo ~ o O0 000 0 0 ~ 00~0~0~0~ 0 ~ ~oo~o~ ~ ~ ZZZZZZZZZZ ~ ~ m z o°888 0000 0000 DmDD~ ~~0 ~~0 88 8~ o o S~o888° O0 O0 000 0000 ~0 O0 000 0000 · o 88 ~° ~oo 0088 > O~ 0~ ~ Z~ ZH~ Z~O ~ 0 ~ 0 °°8 °°8 8°°8 =°°~ ~0~ ~0~ ~~ ~0~ Z~ O~ H ~ .......... O~ ~ H~~~~ O0 Z~ 0000000000 0 ~0 0~~~~ O~ O~ 0~~~~ O~ 0 m ~ 0 "0000 '0000 00000 0~~ H ZZ Z~ H~ Z~ ~ ~ D~ <0000 0 ~ ~ -88- o O< CFI o o CDC}CD C0 co co o o o o o o o o o o o o o o o co ~0 o o o o o o o o o o o o o o o o o o o o 0 0 OOoO ~H ~ O ~ ~O ~ 0 ~ ~ ~ ~0 ~0 ~ ~ OOmM ~M D ~ 0 o CD CD CD · . · . O O O0 CO 88 o ° o °88 O O O O o °8° · Z~O HHO O H H ~ 0 0 ~ > MOOH ~0~ ¥ ~o 0 ~0 0 ~ 0 0 ~ a~a~o ~o E~O 0~ -37- o 0 0 ~2 o o o o c-~ ~ CD O O CD CO CO ~O ~O CiD O O O CO OO OO ~- ,:-q [~ ['~ C~ c~ cc} O O o o CD O 88° Z H~O H ~ ~O 888~°8oo oo88o~ oo o o8 ~ H 88° 88~°88oo ~°~o o~o~~ O~ 0 ~ Z ~ 0 >~:> H ~ Z ~ O< 0 0 Z O 0 H H ~0~ Z O M H ~ O ~ O r~O0 O~Z -:88- 0 ~ 0 ~ ~ ~ ~0 ~MMO ~ ~0 ~0 0 ~ O0~M 0 Z ~ 0 ~ o 0 ~ E~ 0 Z © -39- 0 0 Z 0 > 0 M E~ cD · Z 0 O~ ~0~ ~ 0 ~Z ~~Z~ ~ 0 -4]- o o o o o o 0000 0000 0000 ~ o o o o o co co ~0 00 c~ o o o o 0 0 °° 88 · -~ o o ~i~ .... ~ o ~n oo ~ o o r~, ~-~ ~ ~-~ c0 ~ H 0 Z a~oo o ~ ~0 00~ ~~0 o ~0 E~ E~ ~HO OO~M Om ~o 0 Z~O HO~ ~0~ ~ 0 O~ 0 ~ x:mm < 0 ~ Z Z 0 ~ o,~ Z 0 ~ 0 -42- O~ ~-i cq o,] c,,] cD o °~ [.~ o2> ~ c0 D'-.- [-,- c~ c~ o cD o oh o cD o o o o ~ Ln 0 0 0 0 CO co c~ c~ Ln 0 0 o~ Z 0 o ~) o · L~ · 0 8 H r~ 0 0 o o o ~ o o o o o U H M S8 Z < ~0 ~0~ Om r~ Ln <o 0 0 M ~ ,< 0 , ~ , © 0 0 ~ 0 H~ H O< ~ 0 M I.--.q O~ H 0 H a~ O< ~a a~ -48- E~ cD > o o o c) c> o o L~ c~ o ,-ff ~ .~ o o o o o o ~.. ~ 00 00 88 o o o o o o o o 00 co CD ~D ~ 00 o o o o o o ,co 00 Z o o o o o o o o o o co 00 · o o o o o · C~O~ ~0 ZZa~ H H 0 o a~ H 0 ~0 0~ 8 o o o o ~0~ ~0 o o 0 ,~o Z 0 r~ 0 ~ r~ H 0 ~ ~a~O a~ 0 Z a~ H ~ < Z a~ H 0 E~ Z ca ~ 0 Z~ ~ 0 0 E~ Z 0 ~Z OmO Z , Z Z Zca H Z H H M ~ ZO 0 ~ Z M ~ 0 © -44- o o o o co co CD 0 0 O0 aD o o oooo oooo 0000 ~ O0 MM ~ ~0 ~MMMO ~O~M~ O~ 0 M 0 ~ 0 ~0000 MOOH~ ~o o ©m 0 0 ~ ~0000 0 M ~ ,< .0 H 0 mOOm OMO0~ ~00~ 0 0 a~ a~ 0 ~q 0 -45- 0,~ > 0000 0000 0 0000 ~ c~. co co o o o o o o co co ~.o ['-,. co co o o o o o o co c0 o cD ooooooooooo~ ooo ooo8°888°888oo 0000 0000000 0 0 CD Z · ~ o 0 Ln · Z M z Z 0 ~ Z O0 H H M o8~oo8oo88o8 0 000 O0 0 OOOOOOOOOOOO 0 00~ ~~0 0 0 Z~ Om Z 0 > Z 0 ~ Z ~ Z 0 ~ OOZ HOOm Z~~ 0 ,~0 Z Mr~O 0 H O Z M ~ Z m H ~ © -46- o CD 0 0 [....,. 0 o ~-t ,--I ~o~ 0000 0000 ~-~ ~-~ ~-~ 000 000 rococo 0 0 o o o o ~ ~0 ZZ~ 00 0~ ~,0 ~Z O0 O0 000 0000000000 0000000000 0000~0~0~0 °88o~oo8oo 0 0~0~ ~0 ©© ~0~ M o°8 Z Z ~000 o Z OH 0 HH ~ Z ~0 HO O~ > 0 ZOO00000000 Z 0~ 0~ ~ZZZ -47- > t.,o o,1 o.,1 o o o o c:o co o o tv.) cD o [.~ [..~ [.... ~ 0.~ ~ o cD o,~ .,~ o k.o · , ~° · O ,~ H~ E-,OO O ~ [40 o CD oo8 CD 00 O~ Ln kn · · . O C'xl eX1 88 Z 0 ~ H 0 CO O ~ O ~ ~ H O,~ H ~ 0 O~ 0 ~ ~ M 0 ~ ~ 0 M ~ Z ~0 0 o2 Z Z r~ d~ -000 OOOO 0~< O~ 0 O O ~ H~ rj~ H ~ 0 0 -48- Ln 00 00 ~.~ o <D <2> 0 0 Z~ 0,~ 0 rs 0 H 0 ~ 0 0 0 8~S8o8 oo 0000000 0 0000000 O0 88o88oo~o8 ~O~OHH~H~O o O~ 0 0 ~ Z 0 0 ~ ~000 ~000 ~ 0 ~0 H ~ M Z~ ~ ~ZZ 0~ d o~~ 0 ~ -49- E~ o > OOOOOO 0'3 O CD O O O O .,q~ ..,~:~ .~ 00 co cO CO ,.-H ~ O O O O CO CO C> C) O OO OOO o~ o ~o ~ OO OO OOOO OOO O OOOO OOOOOOOOO OOO O OO~O~ ~ ~O ~M~ M 0 OO~ ~O 888 0 o 0 · . . · . . 0 o 0 · . . 0 0 o o 0 ~ ~0 MMMZ H ~ ~0 0 O~ ~0 OOOO a~cao o ~ ~ o r-.a o8o 8o0088° 088 °0 OO OOOOOOOOOO x o ~ ~ ~mO>mmm>m~> ©m O ~ H > d 0 ~HH~ ~00~ 0 ZZ O O H I--I O O OO -Sg- I.-4 ~ r...) . > c~ 123 ~qo ,< c;, Z~ Om r~. ,<o o M H > o H ZM 0 r~ o -51 - ' 0 o -52- 0 m © © -53- o o o o o oo~ o o ooo ooz c~ 0 E~ z o > Zoo 00~ O~ ~ ~ ~0 [~ 0 Z a~ O> -54 - 0 ,~ H ~ · 0 ~ H 0 ~ -55- ITEM NO. 6b DATE: June 19, 2002 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF PUBLISHING SERVICES BY UKIAH DAILY JOURNAL FOR FISCAL YEAR 2002/2003, IN THE AMOUNT OF $4.96 PER COLUMN INCH FOR THE FIRST DAY AND $3.45 PER COLUMN INCH FOR ADDITIONAL DAYS As the Ukiah Daily Journal is the only newspaper that qualifies for the designation as "a newspaper having general circulation" in Ukiah, a formal process requesting bids for legal publishing services was not used. The City Clerk requested the Ukiah Daily Journal submit a letter to formalize the 2002/2003 fiscal year contract rates. Staff discussed the matter with Cindy Delk, new Advertising Director of the Ukiah Daily Journal, and the attached letter outlining the Ukiah Daily Journal's proposal was received. The proposed rates reflect a 5% increase per column inch and 9% increase per column inch for additional days, or approximately $315 per year, increase over last year's rates. Staff recommends that option "5c." as outlined in the letter not be pursued. The City Attorney has reviewed the proposed contract and found it adequate. Upon approval by the City Council, Staff would issue a Purchase Order to the Ukiah Daily Journal for legal advertising costs. RECOMMENDED ACTION: Approve the legal publishing services by Ukiah Daily Journal for fiscal year 2002/2003, in the amount of $4.96 per column inch for the first day and $3.45 per column inch for the period of July 1,2002 through June 30, 2003. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Marie Ulvila, City Clerk Candace Horsley, City Manager and David Rapport, City Attorney 1. Proposal letter from Ukiah Daily Journal dated June 7, 2002 APPROVED:~~,.. Candace Horsley, C'~y Manager ASR: PUBCONT2002-03 ~n ~7 O~ C2:50p Ukiah DaiL~ Jrnl 707 468 S780 The Ukiah DAiL URN June 7, 2002 Cindy Delk Thc Ukiah Daily Journal P.O. Box 749 Ukiah, CA. 95482 Marie Ulvila City Clerk City of Uldah 300 Seminary Avenue Ukiah, California 95482 · Here is a copy of the necessary information for the proposed rate structure between the Ukiah Daily Journal and the City of Uldah for legal advertising for the time period luly I, 2002 tl'u'ough lune 30, 2003. Required Information: 1. Total average paid circulation (ABC Publisher's Statement (proof copy) 3/31/02) 7702 Daily 7806 Sunday 2. Paid circulation within the 95482 zip code: 520i Daily 5130 Sunday 3. Days of Publication: Morning - Sunday; Evenings - Monday through Friday 4. Type and size print and format size used for legal publication: 8 pt. Helvetica, 6.0 pica wide columm, 0.11 point gutter between colurtms 5. Cost of Publication: a. First run $4.96 per column inch b. Additional runs $3.45 per column inch c. Optional pick up into the Journal Sampler* $2.78 per column inch *Our total market coverage product distributed w~kly, to non-subscribers of Thc Ukiah Daily Journal. TotaI average circulation: 9000 Circulation within thc 95482 zip code: 6150 In addition to thc following guidelines, ali contract terms, conditions and general information specified on Thc Ukiah Daily lournal's current ram card apply to this agreement between Thc Ukiah Daily Journal and thc City of Ukiah: Errors and omia:~ions: The Ukiah Daily Journal is liable only for thc cost of thc space containing an error and is not respomiblc for costs a~sociated with omission& Legal ads received and publish,d after established deadlines will not be eligible for credit or a re-run in ca~ of error. Copy Acceptance: Copy for legal ads will be accepted fi.om printed copy, via email (as a text attachment only), on a 3.5 inch floppy disk (in text format only), and via fax. Proofs will be made available for copy received before deadline upon request. Pleasc see attachments. Requests for ads to be run after published deadline will be considered as space and time allows, with no guarantee of publication. Cancellations: Ada canceled after published deadlines may incur a 25% cancellation penalty. Sincerely, Advertising Director 6c ITEM NO.: DATE: June 19, 2002 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING SOLE SOURCE PURCHASE OF BREAKER CABINET AND SWITCH CABINET FROM COOPER POWER SYSTEMS IN THE AMOUNT OF $14,396.47. This is a special order being purchased by the Western Hills Home Owners Association. This system has been designed specifically for its new electric distribution system on West Standley Street. This was not submitted for quotation due the specialization of the system. The system was determined by City Staff to be the best application for the needs of the City in this circumstance. Cooper Power System is the sole supplier for the Breaker Cabinet and Switch Cabinet. A purchase order (%032454) was issued to Cooper Power Systems in the amount of $14,396.47 including tax and freight. The Breaker Cabinet and Switch Cabinet was not budgeted in the 2001/2002 Fiscal Year because the Western Hills Home Owners Association paid for them, and funds went into Account Number 800.0830.750.000. The project Account Number is 800.3646.690.309. Sufficient funds are available to purchase this equipment through the reimbursable projects department. RECOMMENDED ACTION: Receive and file report regarding the sole source purchase of special order for electrical equipment from Cooper Power Systems in the amount of $14,396.47. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by- Stan Bartolomei, Electric Operations Supervisor Prepared by: Sharlene Kaye, Electrical Engineering Technician Coordinated with: Candace Horsley, City Manager Attachments: Cooper Power Systems quote #20188243, paid invoices Candace Horsley,~City Manager PO Box 2196 1 412 Kknberty Brook 5tateUne, NV 89449 Ph: (775) 588-4193 Fx: (775) 588-2/55 emaih jward6cooperpow~.com DATE: May 22, 2002 Number of pa~=s: I TO: FROM: Stan Bartolome! -Ctty of Uldah Jeanne Ward- Cooper, Stateltne RE: Cooper Power Systems quote~ 20188243 Cooper is pleased to offer the following quote: A) Breaker cabinet Type VFI5, 15kY 200amp oil insulated padmount switchgear. Source side will have 3- bushing wells with the middle B phase well plugged, for connection on Ukiah's phase to phase single phase 12kY system. Vacuum switch will have gang operation, and a visible break window with 2 positions, Open/Close, side hinged doors. Tap side will have 3- bushing wells with'the middle B phase plugged, VFI switch with TriPhase control, EF trip curve. Per drawing P22-61001S-32A, dimensions will be 72.4" D x 40.0' W x 56.5' H. Price each: $7661.14 Shipment: 8-10 weeks ARO B) Switch cabinet Type RVAC3, 15kY 200amp oil insulated padmount switchgear. Vacuum switch will be gang operated with semaphore visible flag to confirm position of vacuum bottle mechanism through view window on unit. Source side will have 3- bushing wells with the middle B phase well plugged, for connection on Ukiah's phase to phase single phase 12kV system. Tap side will have 3- bushing wells with the middle B phase plugged. Per drawing P22-63004A- 1 lA, dimensions will be 54.5'D x 40.3'VV x 48.5'H. Pdce each: $5762.14 Shipment: 8-10 ~=c~s ARO Pdces are firm for shipment quoted, net 30 days. Freight is included. Final drawings will be provided pdor to shipment. Regards, Jeanne Ward AGENDA SUMMARY ITEM NO. 6a DATE: June 19, 2002 REPORT SUBJECT: AUTHORIZATION TO COMPLETE SOLE SOURCE PURCHASE OF TWO PHYSIO-CONTROL LIFEPAK 12 HEART MONITOR/DEFIBRILLATORS FROM MEDTRONIC IN THE AMOUNT NOT EXCEED $28,000. This equipment is needed to replace two older Physio-Control Lifepak 10 monitors which are no longer in production and do not meet the External Pacing Procedure standards as adopted by the Coastal Valleys EMS Agency. Physio-Control Lifepak is the Department standard brand and the purchase of this equipment maintains compatibility with other defibrillators/monitors and their support systems used by the Department. Medtronic is the only vendor of Physio-Control Lifepak monitors; therefore this request is made for sole source procurement. RECOMMENDED ACTION: Authorize sole source procurement of two defibrillators from Medtronic in the amount not to exceed $28,000. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Fire Department Prepared by: Ron Cohn, Intedm Fire Chief Coordinated with: Candace Horsley, City Manager Attachments: 1) Quote from Metronic (2 pages); 2) Extemal Pacing Procedure from Coastal Valleys EMSA APPROVED: Candace Horsley, C~Menager mfh:ASRCityCouncil Agendasurnmary6584reparis I, HT$10-CGNTIOL 'I'(3: 800442-1142 x 2977 FO0: Tefm~ Net~O Exp Date: 07/23/2002 11141-0(X)026 111~:HX)(XX)! -'SU, nd.~l Hard Paddto~- LP12 11260-OO0012 11220-1XX}o28 11220-{XXXI27 112204x:1oo72 I. IFEPAK '12 ~ The ~ LFEPAK 12 is t~e ol'lY mam~ map ~t t~4151o-oelo~s Inc:luded l~ Sapport system rl4,012.00 $2,162.00 $11,850.00 $23,71XL00 $1,785.00 $285~ SI,SQO-OO $1,5[X~.00' 2 $523.00 $523.00 $0.00 2 $140.00 $140.00 $0.00 $00.00 "Gi:~d~D TOT,M. $25,200.00 Pdcifl9 Summary Totals Cash Di~:oun~ - 7,189.00 GRAND TOTAL FOR THIS QUOTE $25,200.00 Notes:. TAXES, FREIGHT AND HANDLING FEES WiLL ELF_. ADDED AT TIE OF SHIPMENT, IF ~ ABOVE. PRICING VALID ONLY IF QUOTE IS PUR~ IN ITS ENTIRELY. (~ ITEMS NOT REQUIRED). MEDTRONIC pHYSlO-CON'TRCX- Coastal Valleys EMS Agency Applicable for. a Napa County a Sonoma County a Mendocino County EXTERNAL PACING PROCEDURE ALWAYS USE UNIVERSAL PRECAUTIONS Confirm ECG Rate Dial up Rate Confirm P.adng spikes on ECG screen Slowly dial up output control until capture is seen on ECG screen Unconscious cardiac arrest Tum output down until capture is lost, then back up slightly to determine lowest threshold response. Check blood pressure If blood pressure is bw and patient shows signs of decreased pedusion, DO NOT EXCEED 100 BPM Reassure patlenL If discomfort occurs: · IV NS TKO Midazolam 1-2 mg slow IV or IM If discomfort is intolerable for patient, recheck output and contact base hospital · Children less than 18 years of age are not eligible for Extemai Pacing · Any movement of patient may increase capture threshold response. Output may have to be adjusted up slightly to compensate. Monitor pulse, blood .pressure and level of consciousness closely. The use of Extemal pacing will be a sential indicator and will be flagged as such in the computerized data collection system. Each usage will be evaluated for proper utilization and patient outcome. DATE: April 2000 REPLACE: June 2002 Pr-29 Item No. 6e Date: June 19, 2002 AGENDA SUMMARY REPORT SUB~mCT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 6,000 FT. OF 4/0 AWG ALUMINUM, 15KV, XLPE INSULATED, NON-JACKETED, CONCENTRIC NEUTRAL, SINGLE CONDUCTOR CABLE TO HENDRIX, C/O STEPHENS, McCARTHY & LANCASTER IN THE AMOUNT Of $8,809.52. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,0000 but less than $10,000. A Request for Quotation (R.F.Q.) through the informal bid process was sent to four suppliers. Three bids were received and opened by the Electric Department on June 5, 2002, at 1:00 p.m. The bids were evaluated by Staff, Hendrix, c/o Stephens, McCarthy & Lancaster was the lowest bidder. A purchase order was issued in the amount of $8,809.52 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2001/02 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Hendrix, c/o Stephens, McCarthy & Lancaster for the sum of $8,809.52. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen A~dvised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachment: Bid results Can~ace Horsle~~ City Manager BID RESULTS 4/0 AWG ALUMINUM~ 15 KV~ XLPE INSULATED CABLE Hendrix % Stephens, McCarthy & Lancaster Champion Wire & Cable Pirelli Cable $8,809.52 $10,045.04 No Bid ITEM NO. 6f DATE: June 19, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION DESIGNATING CITY OFFICIALS WHO MAY CONTRACT FOR CITY BANKING SERVICES WITH UNION BANK OF CALIFORNIA N.A. BACKGROUND: On May 1, 2002 the City Council voted to accept the recommendation of the Investment Oversight Committee to contract for banking services with Union Bank of California and Humboldt Bank. Staff has finalized the contracts and intends to begin deposit activity with Humboldt Bank on July 1, 2002 and check issuance with Union Bank on September 3, 2002. As a part of the document signing process the attached "Public Entity Resolution" form, signed by the City Clerk, is required by Union Bank. The attached resolution contains the language required by Union Bank and provides the basis for the City Clerk to sign the form. RECOMMENDED ACTION: Adopt Resolution Designating City Officials authorized to enter into contracts for banking services between the City of Ukiah and Union Bank of California, N.A. ALTERNATE COUNCIL OPTIONS: 1. Disapprove Union Bank's proposed Resolution and direct staff to renegotiate with Bank. Requested by: City Council ~j Prepared by: Gordon Elton, Finance Director / ,! Coordinated with: Candace Horsley, City Manager Attachments: #1 Resolution for adoption #2 Union Bank of California Public Entity Resolution APPROVED: Can---d~ce' H-o ity Manager Page 1 of 1 RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AUTHORIZING CITY OFFICIALS TO ENTER INTO CONTRACTS WITH UNION BANK OF CALIFORNIA, N.A. WHEREAS, the City Council approved a banking relationship with Union Bank of California, N.A. on May 1, 2002; and WHEREAS, It is necessary for appointed City officials to sign documents implementing the Council's action; and WHEREAS, the City Manager and the City Director of Finance are the appropriate City officials to sign documents implementing the Union Bank of California, N.A. agreement. NOW, THEREFORE, BE IT RESOLVED, that the officers now or subsequently holding the positions of City Manager or Finance Director with the City of Ukiah are authorized by the City Council under California Government Code 53649 to enter into any contract with Union Bank of California, N.A. relating to any deposit which in his or her judgment is to the public advantage. Contracting requirements could include: Establish bank accounts and services. Sign, or change in writing, agreements with Bank regarding City of Ukiah's bank deposit relationship. Specify in writing to the Bank the individuals who are authorized in the name of and on behalf of the Public Entity to: o Withdraw funds from any Public Entity's banking accounts on the Public Entity's checks or orders. o Endorse and deliver to the Bank, for any purposes, and in any amount, negotiable or non-negotiable items of any kind, and owned by, or held by, or payable to the Public Entity. o Send, review, and/or authorize wire and electronic transfers of funds from the Public Entity accounts. Such authority may be exercised by such authorized individual acting alone, regardless of any multiple signature requirements otherwise applicable to the accounts. o Otherwise access the Public Entity's deposit accounts. This Authority has been granted by the City Council and shall remain in effect until the Bank receives written notice of revocation at the Office where the Public Entity's banking relationship is maintained. PASSED AND ADOPTED this 19th day of June 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, City Clerk Philip Ashiku, Mayor PUBLIC ENTITY RESOLUTION California Government Code 53679 stipulates that money not under control of the treasurer but belonging to a local agency and under the control of any of its officers or employees other than the treasurer may deposit funds as active deposits or inactive deposits. For deposits in excess of the amount insured under any federal law, a contract in accordance with Section 53649 is required. It is resolved that the officer now or subsequently holding the position of .. DIR. OF FINANCE (Title) with CITY OF UKIAH (Public Entity) is authorized by the Governing Board under California Government Code '53649 to enter into any contract with Union Bank of California, N.A. relating to any deposit which in his or her judgement is to the public advantage. Contracting requirements could include: · Establish bank accounts and services. · Sign, or change in writing, agreements with the Bank regarding the Public Entity's bank deposit relationship. · Specify in writing to the Bank the individuals who are authorized in the name of and on behalf of the Public Entity to: · Withdraw funds from any of the Public Entity's banking accounts on the Public Entity's checks or orders. · Endorse and deliver to the Bank, for any purposes, and in any amount, negotiable or non-negotiable items of any kind, and owned by, or held by, or payable to the Public Entity. · Send, review, and/or authorize wire and electronic transfers of funds from the Public Entity accounts. Such authority may be exercised by such authorized individual acting alone, regardless of any multiple signature. requirements otherwise applicable to the accounts. · Otherwise access the Public Entity's deposit accounts. This authority has been granted by the Governing Board and shall remain in effect until the Bank receives written notice of revocation at the Office where the Public Entity's banking relationship is maintained. I, , Clerk/Secretary to the Governing Board of the above referenced Public Entity, do hereby certify that the foregoing is a full, true, and correct copy of a resolution passed by the Governing Board on .(Month and date) of amended. {Year), and the resolution has not been revoked or CLERK/SECRETARY TO THE GOVERNING BOARD SIGNATUREx I DATE FORM 00219 (11/98) Distribution: ORIGINAL--Office Copy DUPLICATE--CCSU TRIPLICATE--Customer - AGENDA SUMMARY ITEM NO. 6~ DATE: June 191 2002 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 3 TO THE SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES FOR RINO PACIFIC, INC. SUMMARY: On July 1, 1998, the City Council awarded a contract to Rino Pacific, Inc. for purchase of fuel for City vehicles through a fuel card lock system. The City has been pleased with Rino Pacific's performance under this agreement. The terms of the original agreement, amended by Amendment No. 2, provide for compensation through June 30, 2002. This third amendment would extend the agreement for a period of two years at the same terms identified in the original agreement and amendments number one and two. Funds have been requested in the FY 2002/2003 budget to cover expenses for all City Departments utilizing Rino Pacific for fuel services. Joy Williams, Rino Pacific, has verbally agreed to the terms of the third amendment. Due to the timing of the preparation of this report, a signed copy of the amendment is not available. RECOMMENDED ACTION: Authorize execution of Amendment No. 3 to the Agreement for Fuel Card Lock Services for Rino Pacific, Inc. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize execution of the Amendment and direct staff to seek proposals from other fuel vendors for fuel purchase. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City En, gjnee~,''~ Rick Seanor, Deputy Director of Public Works,~,~ Candace Horsley, City Manager 1. Amendment No. 3 to the Agreement 2. Amendment No. 2 3. Amendment No. 1 4. Service Agreement for Fuel Card Lock Services Candace Ho'rsley, City'~~lanager RJS: AGRinoPacAmend3 CITY OF UKIAH AMENDMENT NO. 3 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 1, 1998 TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Fuel Card Lock Services dated July 1, 1998; Amendment No. 1 dated May 6, 1999; and Amendment No. 2 dated July 11, 2000 shall remain in force and effect through June 30, 2004, except as modified by this third amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Scope of Services and Basis for Compensation identified in Amendment No. 1. RINO PACIFIC, INC. CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 3 to Service Agreement for Fuel Card Lock Services CITY OF UKIAH AMENDMENT NO. 2 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 1, 1998 TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Fuel Card Lock Services dated July 1, 1998 and Amendment No. 1 dated May 6, 1999 shall remain in force and effect through June 30, 2002, except as modified by this second amendment. .- AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Scope of Services and Basis for Compensation identified in Amendment No. 1. RINO PACIFIC, INC. BY: .,'~ ~..,..,/,.. BY: / , P~/T/NT NAME: ,~,-~L~'{ ,~.,'~~ .'~~ DATE CITY OF UKIAH CANDACE HORSLEY City Manager DATE Amendment No. 2 to Service Agreement for Fuel Card Lock Services CITY OF UKIAFI AMENDMENT NO. 1 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 1, 1998 TERMS AND CONDITIONS Ali terms and conditions of the Service Agreement for Fuel Card Lock Services Dated July 1, 1998 shall remain in force and effect through June 30, 2000, except as modified by this amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Scope of Services and Basis for Compensation. 2.1 Service Provider shall distribute vehicle cards and driver cards to City for use in purchasing fuel through a card lock system located on Service Provider's premises. Card lock system is defined as a fueling facility which dispenses and records quantities of unleaded plus, regular unleaded, and diesel fuel activated automatically upon use of properly encoded optical cards. Service Provider shall provide accurate billings which include the following items as a minimum: vehicle number, employee identification number, date and time of [ueling, quantity and type of fuel purchased, odometer reading (entered in by driver) of vehicle fueled, and vehicle fund/department number. The Service Provider shall provide a billing format suitable to the City. In order to verify fuel prices, Service Provider shall provide a price verification report with a breakdown of costs whenever requested by the City. 4.1 Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated at the discounted street price per gallon per respective fuel less taxes and/or lees which are not applicable to the City. The City shall only be liable to pay applicable taxes and fees. In order to verify fuel prices, Service Provider shall provide a price verification report with a breakdown of costs whenever requested by the City. Throughout the life of this Agreement the Service Provider shall honor a discount of $0.07 per gallon for unleaded plus gasoline (89 octane); $0.07 per gallon for unleaded regular gasoline (87 octane); and $0.07 per gallon for clear diesel fuel. Amendment No 1 to Service Agreement for Fuel Card Lock Services Page 1 of 2 RINO PACIFIC, INC. CITY OF UKIAH DATE DATE Amendment No. 1 to Service Agreement for Fuel Card Lock Services Page 2 of 2 SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES ThisAgreement, madeandenteredintothis /~dayof ~ 1998, byand between CITY OF UKIAH, CALIFORNIA, hereinafter referre/a/tn a,, ,~.ity';~o;;''~'- and RINO PACIFIC, INC. a California Corporation, hereinafter · referred -~ervice Provider". RECITALS This Agreement is predicated on the following facts: al City requires services which will involve the purchase of fuel through a card lock system. bi Service Provider represents that it has the qualifications, skills, experience, and facilities to provide these services, and is willing to provide them according to the terms of this Agreement. el City and Service Provider agree upon the Scope-of-Services as specified in Paragraph 2.0 of this Agreement. 1.0 TERMS OF SERVICE AGREEMENT DESCRIPTION OF SERVICE 1.1 The fuel vendor shall sell fuel products to City through a fuel card lock system beginning with the execution date of this Agreement and ending June 30, 2000. 2.0 SCOPE-OF-SERVICES 2.1 Service Provider shall distribute vehicle cards and driver cards to City for use in purchasing fuel through a card lock system located on Service Provider's premises. Card lock system is defined as a fueling facility which dispenses and records quantities of unleaded plus, regular unleaded, and diesel fuel activated automatically upon use of properly encoded optical cards. Service Provider shall provide accurate billings which include the following items as a minimum: Agreemem for Fuel Card Lock Page ! of $ vehicle number, employee identification number, date and time of fueling, quantity and type of fuel purchased, odometer reading (entered in by driver) of vehicle fueled, and vehicle fund/department number. The Service Provider shall provide a billing format suitable to the City. In order to verify fuel prices, Service Provider shall submit copies of their Inter-Company 'Transfer Prices (based on Computer Petroleum Corporation and Oil Price Information Service pricing) which indicates the base fuel price used to compute fuel rates during the billing period. 2,2. Additional Service*~. Additional services, if any, shall only proceed upon written agreement between City and Service Provider. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Hours of Service. Service Provider shall provide 24-hour access to fuel card lock facilities. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated at the discounted street price per gallon per respective fuel less taxes and/or fees which are not applicable to the City. The City shall only be liable to pay applicable taxes and fees. Service Provider shall submit copies of the Inter-Company Transfer Prices with each billing to enable the City to verify pricing. Throughout the life of this Agreement the Service Provider shall honor a discount of $0.07 per gallon for unleaded plus gasoline (89 octane); $0.07 per gallon for unleaded regular gasoline (87 octane); and $0.07 per gallon for clear diesel fuel. 4.2 Changes. Should changes in compensation be required because of changes to the Scope-of-Services of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Paragraph 2.0 and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. 4.3 Sub-Service Provider Performance. The Service Provider shall not use sub- service providers or other service firms to perform a portion of the work of this Agreement without written authorization from the City. Agreemem for Fuel Card Lock Page 2 of 5 4.4 5.0 5.1 6.0 Terms of Payment. Payment to Service Provider for services and product rendered in accordance with this contract shall be based upon submission of semi-monthly invoices for the service satisfactorily performed and product provided prior to the date of invoice less any amount already paid to Service Provider, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation in accordance with Section 2.0 herein. Payment shall be made to Service Provider within 10-15 days from receipt of invoice. City may be held responsible to pay interest on any delinquent payments for invoices that are over 30 days past due. ASSURANCES OF SERVICE PROVIDER Inde.Dendent Contractor. Service Provider is an independent contractor and is solely responsible for its acts or omissions. Service Provider (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. CONTRACT PROVISIONS 6.1 6.2 6.3 6.4 6.5 ..Governing Law. Service Provider shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments, and the terms and conditions outlined on the Rino Pacific Application set forth the entire understanding between the parties. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Service Provider's services are considered unique and personal. Service Provider shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Agreement for Fuel Card Lock Page 3 of $ 6.6 ..Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 6.7 6.8 7.0 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Service Provider for services provided under this Agreement; or 3) City has abandoned and does not wish to continue with the service for which Service Provider was retained. A party shall notify.the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Service Provider. City shall pay the Service Provider only for services performed and expenses incurred as of the effective termination date. Service Provider shall be entitled to receive just and equitable compensation for any service and product provided hereunder, subject to off- set for any direct or consequential damages City may incur as a result of Service Provider's breach of contract. Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOT~ Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 RINO PACIFIC, INC. POST OFFICE BOX 328 WILSONVILLE, OREGON 97070-0328 Agreement f~ Fuel C.a-d Lock Pa~e 4of5 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CITY OF UKIAH CANDACE HORSLEY CITY MANAGER RINO PACIFIC, INC. BY: . PRI~'T I~AME: t ATTEST: MARIE ULVILA CITY CLERK APPROVED AS TO FORM' CITY AT~, CITY O//~H DAVID'~;~PORT RINOPAC Agreement for Fuel Card Lock Pa~e 5 of 5 AGENDA SUMMARY ITEM NO. 6h DATE: June 19, 2002 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 2 TO THE SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES FOR REDWOOD OIL COMPANY SUMMARY: On July 9, 1998, the City entered a contract with Redwood Oil Co. for purchase of fuel for City vehicles through a fuel card lock system. The City has been pleased with Redwood Oil's performance under this agreement. The terms of the original agreement, amended by Amendment No. 1, provide for compensation through June 30, 2002. This second amendment would extend the agreement for a period of two years at the same terms identified in the original agreement and amendment number one. Funds have been identified in the FY 2002/2003 budget to cover expenses for all City Departments utilizing Redwood Oil Co. for fuel services. Staff has attempted but has not yet made contact with Bob Barbieri, President of Redwood Oil Co., to obtain concurrence with terms of the amendment. Staff will be verifying the terms of the amendment with Mr. Barbieri prior to the June 19, 2002 City Council meeting. Should he request any changes, a revised amendment will be prepared and submitted to the City Council. The City also has an agreement with Rino Pacific, Inc. for fuel card lock services. Rino Pacific offers a two-card fueling system, a driver card and a vehicle card. This system therefore meets the requirements of those departments, which choose to identify which driver is buying fuel for a particular vehicle. Redwood Oil Company utilizes a single card system with one fuel card for each vehicle. Having these two fueling options provides maximum flexibility for City Departments. RECOMMENDED ACTION' Authorize execution of Amendment No. 2 to the Agreement for Fuel Card Lock Services for Redwood Oil Co. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize execution of the Amendment and direct staff to seek proposals from other fuel vendors for fuel purchase. Citizen Advised' Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Engineer '~'~ Rick Seanor, Deputy Director of Public Works~t~- Candace Horsley, City Manager 1. Amendment No. 2 to the Agreement 2. Amendment No. 1 to the Agreement 3. Service Agreement for Fuel Card Lock Services c~-n-dace Horsley, Cit~ Manager RJS: AGRdWdOilAmend2 ~, CITY OF UKIAH AMENDMENT NO. 2 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 9, 1998 TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Fuel Card Lock Services dated July 9, 1998 and Amendment No. 1 dated July 30, 2000 shall remain in force and effect through June 30, 2004, except as modified by this second amendment. AUTHORIZATION Upon execution of this second amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Basis for Compensation identified in Amendment No. 1. REDWOOD OIL CO. CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 2 to Service Agreement for Fuel Card Lock Services CITY OF UKIAH AMENDMENT NO. 1 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 9, 1998 · TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Fuel Card Lock Services dated July 9, 1998 shall remain in force and effect through June 30, 2002, except as modified by this ,~'~;e~ ¢~d mont. AUTHORIZATION Upon execution of this first amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Basis for Compensation. 4.1 Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated at the discounted street price per .gallon per respective fuel less taxes and/or fees which are not applicable to the City. The City shall only be liable to pay applicable taxes and fees. Throughout the life of this Agreement the Service Provider shall honor a discount of $0.04 per gallon for unleaded plus gasoline (89 octane); $0.04 per gallon for unleaded regular gasoline (87 octane); and $0.04 per gallon for clear diesel fuel. REDWOOD OIL CO. CiTY OF UKIAH TITLE: (~~, CANDACE HORSLEY City Manager DATE DATE Amendment No. 1 to Service Agreement for Fuel Card Lock Services ,, SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES This Agreement, made and entered into this ~ '~;~ day of ~['~/..~ "City" 199]~, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as ' and REDWOOD OIL CO., a California Corporation, hereinafter referred to as "Service Provider". RECITALS This Agreement is predicated on the following facts' as City requires services which will involve the purchase of fuel through a card lock system. b. Service Provider represents that it has the qualifications, skills, experience, and facilities to provide these services, and is willing to provide them according to the terms of this Agreement. C, City and Service Provider agree upon the Scope-of-Services as specified in Paragraph 2.0 of this Agreement. 1.0 1.1 TERMS OF SERVICE AGREEMENT DESCRIPTION OF SERVICE The fuel vendor shall sell fuel products to City through a fuel card lock system beginning with the execution date of this Agreement and ending June 30, 2000. 2.0 SCOPE-OF-SERVICES 2.1 Service Provider shall distribute vehicle cards to City for use in purchasing fuel through a card lock system located on Service Provider's premises. Card lock system is defined as a fueling facility which dispenses and records quantities of unleaded plus, regular unleaded, and diesel fuel activated automatically upon use of properly encoded magnetic cards. Service Provider shall provide accurate billings which include the following items as a minimum: vehicle Asrmment for Fuel Card Lock Page I of 5 2,2, 3.0 number, date and time of fueling, quantity and type of fuel purchased, odometer reading of vehicle fueled, and vehicle fund/department number. The Service Provider shall provide a billing format suitable to the City. In order to verify fuel prices, Service Provider shall either submit verification of street price fuel rates during the billing period or provide a receipt at time of purchase indicating the street price fuel rate. Additional Service.~. Additional services, if any, shall only proceed upon written agreement between City and Service Provider. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK 3.1 Hours of Service. Service Provider shall provide 24-hour access to fuel card lock facilities. 4.0 4.1 4.2 4.3 4.4 COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated at the discounted street price per gallon per respective fuel less taxes and/or fees which are not applicable to the City. The City shall only be liable to pay applicable taxes and fees. Throughout the life of this Agreement the Service Provider shall honor a discount of $0.06 per gallon for unleaded plus gasoline (89 octane); $0.06 per gallon for unleaded regular gasoline (87 octane); and $0.04 per gallon for clear diesel fuel. Changes. Should changes in compensation be required because of changes to the Scope-of-Services of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Paragraph 2.0 and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-Service Provider Performance. The Service Provider shall not use sub- service providers or other service firms to perform a portion of the work of this Agreement without written authorization from the City. Terms of Payment. Payment to Service Provider for services and product rendered in accordance with this contract shall be based upon submission of semi-monthly invoices for the service satisfactorily performed and product provided prior to the date of invoice less any amount already paid to Service Agreement for Fuel Card Lock Page 2 of 5 5.0 5.1 6.0 Provider, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation in accordance with Section 2.0 herein. Payment shall be made to Service Provider within 15 days from receipt of invoice. City will not be held responsible to pay interest on any delinquent payments. ASSURANCES OF SERVICE PROVIDER Independent Contractor. Service Provider is an independent contractor and is solely responsible for its acts or omissions.. Service Provider (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. CONTRACT PROVISIONS 6.1 6.2 6.3 6.4 6.5 Governing Law. Service Provider shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Service Provider's services are considered unique and personal. Service Provider shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 6.6 · Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. Agreement for Fuel Card Lock Page 3 of 5 6.7 .Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Service Provider for services provided under this Agreement; or 3) City has abandoned and does not wish to continue with the service for which Service Provider was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Service Provider. City shall pay the Service Provider only for services performed and expenses incurred as of the effective termination date. Service Provider shall be entitled to receive just and equitable compensation for any service and product provided hereunder, subject to off- set for any direct or consequential damages City may incur as a result of Service Provider's breach of contract. 6.8 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 7.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 REDWOOD OIL CO. PO BOX 428 SANTA ROSA, CALIFORNIA 95402 Agreement for Fuel Card Lock Page 4of5 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CITY OF UKIAH CANDACE HORSLEY CITY MANAGER REDWOOD OIL CO. BY: ROBERT I. BARBIERI · ATTEST MARIE ULVILA CITY CLERK DATE APPROVED AS TO FORM: CITY ATTORNEY, CITY,~Z:It~IAH REDWOOD A~eement for Fuel Card Lock Page 5 of $ AGENDA SUMMARY ITEM NO. 8a DATE: June 19, 2002 REPORT SUBJECT: ADOPTION OF RESOLUTION ESTABLISHING REVISED FEE SCHEDULE FOR PLANNING PERMITS AND SERVICES SUMMARY: On May 1,2002, the City Council discussed the recently prepared Planning Permit Fee Study that evaluated how much it costs for the City to process various planning permits. The discussion touched on many important topics such has how much of the General Fund should subsidize the development community, whether there should be a fee for filing appeals, the concept of establishing fees for detailed pre-application review, and providing a less costly permit for small projects. At the end of the discussion, Staff was directed to apply the Council's comments and suggestions, and return with a revised fee schedule. Staff is recommending the Council conduct a second public hearing and adopt the attached Resolution revising the fees for planning permits and planning related services. PROPOSED FEES: The Resolution includes increases to some fees and decreases to others. Additionally, it is proposed that fees be established for some services that are time consuming and that exceed the typical General Plan and Zoning information request. Use Permits and Site Development Permits: Currently there are Minor and Major Use and Site Development Permits. The Minor permit fees are $225 and Major permit fees are $450. The 2002 Planning (continued on page 2) RECOMMENDED ACTION: Conduct a public hearing and adopt the Resolution revising the fees for Planning Permits and planning related services. ALTERNATIVE COUNCIL POLICY ACTION: Do not adopt the Resolution and provide direction to Staff. Citizen Advised: Notice published in the Ukiah Daily Journal, and all interested parties advised Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1) Resolution and 2) May 1, 2002 City Council Minutes APPROVED:' ~ ~~~__~ Candace Horsley, City I~anager Permit and Fee Study revealed that in order to recoup 75% of the cost of processing these permits, the City must charge approximately $460 for the Minor Permit and $900 for the Major Permit. While Staff is proposing this increase, we are also proposing a less expensive minor permit for those projects that typically take less time to process. The charge for this "level 1" Minor Use or Site Development Permit is $150. Additionally, Staff is proposing a higher Site Development or Use Permit fee for large commercial, industrial and residential (non-affordable housing) projects. Projects involving 20,000 square feet or more and residential projects involving 20 or more units would be charged $1200. Affordable Housing Projects: As an incentive for affordable housing projects, staff is proposing no fee increase from the current $450 charge for a Major Use or Site Development Permit. Reduced fees for other permits involving affordable housing projects is also proposed. Affordable housing projects are defined as projects providing 100% of the housing units to be "locked-in" affordable to citizens earning less than 80% of the area median income. They also include "sweat- equity" housing projects, residential second units, and projects involving housing for groups in need such as seniors, homeless persons, and the mentally ill. Appeals: Based on the City Council discussion on May 1st, there is no fee to file appeals. Variance Applications: No change to the current fee structure for Variance applications is proposed. These applications, which seek "relief" from zoning standards typically involve a few feet of yard setback or some other minor request, and in Staff's opinion, do not warrant an increase in the fee. Subdivisions: An increase in the fees for both Minor and Major Subdivision applications is proposed because these projects typically involve considerable Staff time from various departments. Pm-Application Review: Fees for certain services that go well beyond the typical quick pre- application consultation and General Planning and Zoning information requests are proposed. While the Council directed Staff to consider a deposit/hourly rate system for charging and collecting fees for these services, we have concluded that the necessary time accounting, possible partial return of an initial deposit, and other staff intensive tasks associated with this type of fee would be inefficient. Accordingly, Staff is still suggesting a fiat fee of $200 for pre-application review involving the Project Review Committee. Penalty/Violation Fee: At the May 1st meeting, the Council discussed the concept of charging "double" fees for projects that get underway prior to receiving the required Planning Permit. Concern was expressed about charging this fee to a property owner who proceeded with a project without genuinely knowing a permit was required. There seemed to be consensus that the "double" fee should only be charged after the second offense. Accordingly, this is how the "penalty/violation fee" is proposed. Mitigation Monitoring: State law requires local agencies to monitor the mitigation measures adopted for development projects. It also allows agencies to adopt fees to cover the cost of monitoring and ensuring compliance. The task of monitoring can be time consuming for Staff, and we believe that at least a portion of the cost of monitoring should be the responsibility of the project applicant. Staff is proposing a "Level 1" fee ($100) for small/moderate projects and a "Level 2" fee ($200) for more complex projects. CONCLUSION: After closely analyzing the cost of processing permits, as well as the full range of General Plan and Zoning related services provided by the Planning and Community Development Department, Staff has proposed a modification to the fee schedule as directed by the Council. After the City Council discussion on May 1,2002, a number of issues were clarified, and Staff was given direction to prepare a recommendation that was reasonable. Staff's proposal recommends an approximate 75% recouping of costs, acknowledging the Council's desire to partially subsidize the cost with the General Fund. Staff has also reduced the cost of certain permits, and "exempted' affordable housing projects from any increase. Finally, reasonable fees are recommended for time consuming services, and per the Council's direction, no fee is recommended for the filing of an appeal. RECOMMENDATION: Conduct a public hearing and adopt the Resolution revising the fees for Planning Permits and planning related services. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING UPDATED PLANNING PERMIT FEES PURSUANT TO CITY ADOPTED ORDINANCE 880 WHEREAS, 1. Planning Permit fees in the City of Ukiah have not been updated since 1996; and 2. In 1996, when the City last updated its planning permit fees, it was understood that even with the increase, the fees would not cover the costs of processing the permits; and 3. Processing planning permit applications has become more complex and time consuming in recent years due to changes in State mandated procedures, increased citizen involvement, an increase in infill development, the demand for higher quality planning analysis, and the emergence of typical growth pains, such as, traffic congestion drainage issues, and the change in community character; and 4. The increase in planning permit fees in 1996 accounted for staff salaries and not staff benefits, and therefore did not reflect the total cost to process the permits; and 5. A recently completed Planning Permit Fee Study reveals that the planning fees collected by the City of Ukiah are less than nearby jurisdictions, and only recapture approximately 36% of the total cost to process the permits; and 6. The City desires to recover approximately 75 percent of the total costs for processing the majority of planning permit applications, while at the same time reducing the cost of minor permits to accurately reflect the cost to process these small projects; and 7. The City desires to recover a portion of the costs associated with various planning and zoning related services previously provided at no cost; and 8. The City desires to establish a "double fee" charge for projects undertaken without the benefit of required planning permits after the second offense; and 9. The City desires to establish the price of planning documents, studies, maps and other materials; and 10. The City desires to provide an incentive to affordable housing projects by not increasing the current fees for projects involving 100% of the housing units to be "locked-in" affordable to citizens earning less than 80% of the area median income, "sweat-equity" residential projects, residential second units, and projects involving housing for identified groups in need such as seniors, homeless persons, and the mentally ill. 1 of 7 Resolution No. 2002 - NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the updated fee schedule for the processing of planning permit applications, providing planning and zoning services, and for the cost of planning documents, studies, maps and other materials as listed on the attached Exhibit 'A." PASSED AND ADOPTED this 19th day of June 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk 2 of 7 Resolution No. 2002 - EXHIBIT "A" RESOLUTION NO. 02- PERMIT APPLICATION OR SERVICE Site Development Permit Major Site Development Permit Minor Use Permit Major Use Permit Minor REQUIRED FEE Level 1:$900 Level 2:$1200 Affordable Housing Project: $450 Level 1 Major Site Development Permits are the current major permits such as construction on vacant land, large additions/expansion to existing buildings, and significant expansions of use that require new parking spaces, or that would result in substantial amounts of new traffic, noise, or other nuisances. Level 2 Major Site Development Permits are defined as large commercial and industrial projects exceeding 20,000 square feet to be developed on vacant land, and non-affordable high density residential housing projects exceeding 20 units. Level 1: $150 Level 2:$450 Level I Minor Site Development Permits are very minor projects such as parking lot expansions, minor exterior modifications to existing commercial/industrial buildings, etc. Level 2 Minor Site Development Permits are minor additions per the provisions contained in Article 20, Chapter 2 of the U.M.C. Level 1:$900 Level 2:$1200 Affordable Housing Project: $450 Level 1 Major Use Permits are the current major permits such as construction on vacant land, large additions/expansion to existing buildings, and significant expansions of use that require new parking spaces, or that would result in substantial amounts of new traffic, noise, or other nuisances. Level 2 Major Use and Site Development Permits are defined as large commercial and industrial projects exceeding 20,000 square feet to be developed on vacant land, and non-affordable high density residential housing projects exceeding 20 units. Level 1:$150 Level 2:$450 Level I Minor Use Permits are temporary outdoor sales/display projects, special events, etc. Level 2 Minor Use Permits are minor expansions or changes in use per the provisions contained in ^rticle 20, Chapter 2 of the U.M.C. 3 of 7 Resolution No. 2002 - Use Permit/SDP Amendment Variance Major Variance Minor Subdivision Major Subdivision Minor Subdivision Exception Boundary Line Adjustment Appeal Agenda/Minutes General Plan Amendment Annexation General Plan Amendment Rezoning Rezoning Planned Development $50 (Minor Level 1) $150 (Minor Level 2) $300 (Major Level 1) $433 (Major Level 2) $450 $225 Minor Variances are those seeking less than 50% relief from zoning requirements per Article 20, Chapter 2 of the U.M.C. They are also Variances associated with affordable housing projects. $1350 Affordable Housing Project: $450 $90O Affordable Housing Project: $225 Level 1:$450 Level 2:$900 Level I Subdivision Exception Review involves 2 or less requested exceptions Level 2 Subdivision Exception Review involves more than 2 exception requests $450 Affordable Housing Project: $225 $0 $200/Year $900 $1800 $9OO $1800 Affordable Housing Project: $450 4 of 7 Resolution No. 2002 - CEQA Document Filing Pre-Application Conference/Review (Planning Staff) Project Review Committee Pre-Application Review Sign Permit Environmental Review Initial Study Environmental Impact Report (EIR) Mitigation Monitoring Archaeological Search -for Environmental Review Public Hearing Continuations that require Re-noticing $25 Level 1:$0 Level 2:$100 Level 1 Pre-Application Review is a meeting of less than 30 minutes. Level 2 Pre-Application Review is a meeting exceeding 30 minutes in length and requiring research and preparation. $2OO Minor: $25 Major: $50 A Minor Siqn Permit involves up to one hour of analysis and administrative work. A Major Si.qn Permit takes more than 1 hour. Level 1: $100 Level 2:$200 Level I Environmental Review/Initial Study preparation involves small projects that are not exempt from the requirements of CEQA. Level 2 Environmental Review/Initial Study preparation involves large complex projects that require detailed and lengthy analysis. Full Consultant Cost plus 15% administration fee Level 1:$100 Level 2:$200 Level I Mitigation Monitoring involves the required monitoring of mitigations established in Level 1 Initial Studies. Level 2 Mitigation Monitoring involves the required monitoring of mitigations established in Level 2 Initial Studies. Cost- SSU Northwest Information Center $5O 5 of 7 Resolution No. 2002 - Penalty/Violation (proceeding without permit) Zoning/Planning Research Specific Plan/Master Plan Review Address Change County Airport Land Use Commission Referral for Land Use Plan Consistency Determination Outdoor Sales/Display (Temporary) Building Permit Review Fee for Discretionary Review Projects Document and Map Fees General Plan Zoning Ordinance Subdivision Ordinance Master BikelPed Plan Airport Master Plan Airport Good Neighbor Policy Document Landscaping Guidelines Design Guidelines Creek Plans General Plan Map (color) General Plan Map (B&W) Zoning Map (color) Zoning Map (B&W) Miscellaneous Maps/Graphics/Reports Double the cost of the permit after second offense Level 1:$50 Level 2:$100 Level I Zoning/Planning Research means research taking 1 to 2 hours Level 2 Zoning/Planning Research means research taking more than 2 hours $1800 Affordable Housing Project: $450 $100 $150 $150 (Level 1 Minor Use Permit) $5O $30.00 $20.00 $20.00 $20.00 $25.00 $15.00 $15.00 $15.00 $15.00 $30.00 $10.00 $30.00 $10.00 $5.00-$30.00 6 of 7 Resolution No. 2002 - Photo Copy (per page) $0.20 Affordable Housing Projects: Projects proposing 100% of the housing units to be "locked-in" affordable to citizens earning less than 80% of the area median income, "sweat-equity" residential projects, residential second units, and projects involving housing for identified groups in need such as seniors, homeless persons, and the mentally ill. 7 of 7 Resolution No. 2002 - located on the site. The structure was built in 1948, is in disrepair, and the owner would like to demolish it. On April 23, 2002, the City's Demolition Permit Review Committee considered the application and Historical Profile prepared by Judy Pruden, and unanimously found that none of the criteria in UMC Section 3016(E) applied, and therefore the structure is not historically or architecturally significant. The Fire Department would like to use it as a test burn. Public Hearing Opened: 7:08 p.m. No one came forward to address Council. Public Hearing Closed: 7:08 p.m. M/S Libby/Smith approving the Demolition Permit for the structure located at 1346 South State Street based on the finding that the structure does not have historical or architectural significance; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. '~--8. PUBLIC HEARING 8b. Discussion of the Planning Permit Fee Study and Direction to Staff Concerning Possible Modifications to Fee Schedule Planning Director Stump advised that staff recently prepared a Planning Permit Fee Study to determine how much it would cost for the City to process various planning permits, and to compare our fees to those charged by other nearby jurisdictions for the same basic services. The last time the fees were studied was in 1996, at which time the City Council adopted a Resolution raising the fees to recoup approximately 75% of the cost of processing the permits. Staff's research indicates that the City of Ukiah's fees are generally less than all surveyed jurisdictions. Additionally, many jurisdictions charge fees for other planning and zoning services that are time consuming for staff. Councilmember Larson supported Staff's proposal on fees to be lower for projects involving affordable housing. Discussion followed concerning double permit fees as a penalty for those projects that had not obtained the proper permits prior to starting construction. The appeal process was also discussed. Upon questioning by Councilmember Baldwin, Mr. Stump discussed the HulI-Piffero project and noted the environmental study for that project cost the City approximately $10,000 in staff time. He went on to explain how the community is requiring a more detailed review for environmental studies and that the cost of the study in staff time, depends on the project. Discussion continued with regard to establishing a fee structure for various types of appeals. There was also a brief discussion with regard to whether an appeal fee could be refunded depending on the outcome of the appeal. Public Hearing Opened: 7:27 p.m. Regular City Council Meeting May 1,2002 Page 5 of 14 Judy Pruden spoke to the issue of appealing conditions of approval on permits and inquired as to how much the Council wants to subsidize the Planning Department. Al Beltrami, Ukiah, spoke on behalf of the Mendocino County Employer's Council and explained that the Employer's Council met two weeks ago and adopted a position on the matter. He felt the proposed fee increase is too high and that citizens should have the right to appeal a permit without being charged a fee. Public Hearing Closed: 7:36 p.m. Considerable discussion followed with regard to Staff's proposal, as outlined in the Staff report. Topics discussed were the steps/levels for application review; providing technology, such as access to a data base, for the public to conduct their own research of projects with the aid of a computer at the counter in the Planning Department; costs for an EIR; the amount of staff time working on projects that contain complex EIR documents; the importance of preapplication reviews, possibly waiving fees for recruiting businesses to the community, and the importance of defining what is considered affordable housing. Councilmember Baldwin was of the opinion that the fees proposed by Staff are reasonable and he supports 75% of recouping costs. Councilmember Libby was not supportive of doubling any of the fees. She does not support any fee for appeals because Council hears so few of them. Councilmember Smith was not supportive of fees for appeals. He recommended Council be provided with a comparison of actual costs for all services. Although he did not approve of doubling fees, he was supportive of increasing some fees. Councilmember Larson felt that Council should provide direction to staff as to what percentage of fees the City should charge to developers and making an exception for affordable housing projects. It was his opinion that an appeal fee is not necessary because Council does not receive many appeals. There was discussion of penalty violations for proceeding on a project without a permit and also concern for repeat offences. The appeal process for such violations was also discussed. Mayor Ashiku voiced his support for reducing fees where appropriate that are proportionate to the amount of effort displayed by staff. He felt that preapplications should be based on a dollar amount and that an hourly rate is appropriate because it forces the developer to be efficient. Councilmember Baldwin was of the opinion that there should be more public scrutiny and stressed the need for land use planning and the future quality of life in Ukiah. He was supportive of recouping the fees at 75% of the cost of processing the permits. Councilmember Smith supported no increase on the appeal process and that an Regular City Council Meeting May 1,2002 Page 6 of 14 assessment needs to be made on doubling fees on certain things like a Major Use Permits. He was also supportive of recouping the fees at 75%. Councilmember Larson was supportive of an hourly rate for preapplications, that recouping fees at 75% is a good start, was. supportive of affordable housing and small projects, and supported a more aggressive policy for infractions. Councilmember Libby voiced her opposition to doubling any of the fees, was supportive of a small or reasonable increase in the levels as noted in Table 2, but did not support a fee for appeals. She also felt a process needs to be developed with regard to penalties for repeat offenders and their intentions need to be considered. Staff will return with more information for Council's consideration on the matter of fees. 8. PUBLIC HEARING 8c. Public Hearing to Consider Close Out of Community Development Block Grant #99-STBG-1391, Ukiah Community Center Risk Manager/Budget Officer Harris advised that the Community Development Block Grant (CDBG) program provides federal funding through the State of California Housing and Community Development Department (HCD). The City was awarded the grant of $352,000 in October 1999 to purchase the property and building which the Ukiah Community Center (UCC) was leasing and provide on site improvements as necessary. The purchase was completed in May 2000 at a cost of $317,904. The remaining grant funds, including a portion of the accrued interest, paid for the repaving through the base work phase, completed by the grant termination date of March 31. Public Hearing Opened: 8:20 p.m. Jan Moore, Chairman of the Ukiah Community Center, advised that UCC is grateful to the City Council and the grant has made a difference in the services they provide the public. Public Hearing Closed: 8:21 p.m. M/S Baldwin/Smith determining the accomplishments of grant #99-STBG-1391, Ukiah Community Center, have been satisfactorily presented to the public; carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 10a. Report to Council Concerning the Execution of a Consultant Contract in the Amount of $9,950 to Alta Transportation Consulting to Prepare Grant Applications for Implementing the Master Bicycle and Pedestrian Plan Planning Director Stump advised that in March 2001, the City Council authorized staff to spend a portion of the Kmart Air Quality Mit'igation Fund to hire a consultant to prepare grant applications for implementing the Master Bicycle and Pedestrian Plan. During the budget hearings in 2001, Council authorized an additional $10,000 towards the project. The $9,950 contract was awarded to Alta Transportation Consultants, who have been working with the City to secure grants, and who authored the Implementation and Regular City Council Meeting May 1,2002 Page 7 of 14 06/19/2882 16:45 7874627898 AL BELTRAMI EMPLOYERS COUNCIL o~ MENDOCI FAX PHONE 462-0521 FAX 462- 0318 TO: CITY COUNCIL, CITY OF UKIAH FR: Al Beltrami, ECMC Executive Director SUBJ: PLANNING PERMIT & SERVICE FEES DATE: 19 JUNE 2002 Mayor Ashiku and Cotmcilmembers: As a follow-up to the commems submitted to you on May 15 at the original session on the subject item, and after considering the proposed fee schedule presented to you at the 7 p.m. hearing this evening, ECMC makes the following recommendations: , First of all, we apologize for not being able to be present this evening, since a visual presentation is often beneficial to all interested parties... . We again congratulate Mr. Stump on his presentation and support some of his recommendations. We obviously have general and specific concerns and recommendations... AA- obviously, we would prefer no fee increases at all for our members, but we realize that you cannot be selective. A. Regarding the issue of planning staff efforts to be covered 75% by fees, what is the basis for such an arbitrary determination?? Is good planning a 25% concern for all citizens? We submit that the Council needs to recognize the general value of good planning 06/i9/2082 15:4S 7074~278~0 AL BELTRAMI PAGE 82 B. C~ and good development to all citizens. We urge you to use no more than a 50% threshold for fee charges... We agree with staff that there be no charge for the legal right to appeal decisions to the City Council... We agree with staff that~there be a penalty/violation fee after the second offense... D. We agree that larger commercial/industrial projects Should pay proportionally more for time and expertise Required for their review... mi We strongly disagree with staff recommendation on pre- Application review charges. The benefit of a good pre- Application review and meeting is a savings to all parties including city staff. There should be no charge for such a good and useful planning vehicle... Finally, Mr. Stump in his submittal letter of June 4 to your Council, still indicates that "we will still have low fees for the outstanding services we provide." While not every member of the development community may agree with his evaluation of city planning services, ECMC congratulates you and Mr. Stump for keeping service costs LOW... If Ukiah, under this leadership can provide comparable planning services to other jurisdictions, at a lower user cost, YOU are to be congratulated... In my absence tonight, let me congratulate the Council in advance!! Sincerely, A.P.B. ITEM NO. 9a DATE: JUNE 19, 2002 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF BID PROTEST AND AWARD OF BID TO RAINBOW CONSTRUCTION FOR THE CONSTRUCTION OF THE CIVIC CENTER ADDITION IN THE AMOUNT OF $979,800 At the June 5 meeting the City Council considered bids submitted by Rainbow Construction in the amount of $979,800 and Cupples Construction in the amount of $992,569 for the construction of the Civic Center addition. Based on discussion of both written and verbal protests submitted by both bidders, the City Council continued the item to the June 19 meeting to allow the City Attorney to review the necessary information. Attached is a memorandum from the City Attorney reporting on his investigation and analysis of the bid protest by Cupples Construction and other bid related issues verbally raised by Rainbow Construction. As the City Attorney's memo indicates, it is his opinion that the irregularities in the bid submitted by Rainbow Construction are inconsequential and could be waived by the City Council, should the Council wish to proceed with the award of bid. RECOMMENDED ACTION: Determine to award bid to Rainbow Construction by waiving the use of a non-City form and the listing of HLR on the subcontractor's list as inconsequential bid irregularities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Decide not to waive the bid irregularities and reject all bids. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A David Rapport, City Attorney Candace Horsley, City Manager Larry W. DeKnoblough, Community Services Director 1. City Attorney's Memo 2. Letter from Cupples Construction, May 22, 2002 3. Letter from Carter, Behnke. Oglesby, & Bacik, June 5, 2002 4. Letter from Rainbow Construction, June 6, 2002 APPROVED: orsley, City I~anager LD/ZIP1 . Bid Award Addition2.Asr AGENDA SUMMARY REPORT ITEM NO. :t0a DATE: June 19, 2002 SUBJECT: ADOPTION OF RESOLUTION REVISING THE CITY OF UKIAH HOMEOWNERS' SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM SUMMARY: A revision to the City's current property owner sidewalk construction program is necessary. The present system of participating with property owners in the construction of curb, gutter, and sidewalk improvements is cumbersome, resulting in an inordinate amount of intensive staff time and resources. This proposed administrative change should result in a more rapid and responsive process. Over the years, some residential properties have developed without the benefit of sidewalks or gutters (e.g. Waugh Lane). This oddity may have been the result of annexations that took place years ago before infrastructure elements were required, or as a result of small developments that leapfrogged from one block to another without including sidewalks or curbs/gutters. A common method cities employ to obtain the missing sidewalks is to require the construction of sidewalks as a condition of issuing various development permits such as for subdivisions, use permits, etc. Ukiah City Code Section 9181 requires the installation of sidewalks in three different circumstances: (1) for any minor division of property, prior to recording the parcel map; (2) the development of vacant parcels; and (3) as a condition of receiving a building permit, when the value of the permit is equal to or greater than 1/3 of the value of the existing structure. In order to improve pedestrian safety, reduce storm water runoff from entering the street, decrease infiltration of water into the structural section of the paved roadway causing accelerated deterioration, and to enhance the general appearance of our neighborhoods, staff is recommending a revision to the sidewalk construction program for residential property owners. This program is intended for new sidewalks on properties with single-family dwellings and single-family dwellings with "second" units. The program will be exclusively for properties where sidewalks don't exist and the greatest financial burden is exhibited. This program will not be available for subdivisions, development of vacant lots, or sidewalk rehabilitation. Initial funding of $50,000 would be earmarked for the new program in the Special Projects Reserve Fund (699.3110.800.014). Once these funds are exhausted, Staff will return to the Council to determine the source of funding if the program is to continue. It is the goal of this program to reimburse the homeowner approximately 50% of the construction cost of the improvements. The reimbursement rates included later in this report are based on this cost sharing objective. (Continued on page 2) RECOMMENDED ACTION: Adopt resolution establishing new sidewalk construction reimbursement program. ALTERNATIVE COUNCIL POLICY OPTION: Not create a new sidewalk construction program and continue to rely on development conditions to secure the needed infrastructure facilities. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED BY: N/A Diana Steele, Public Works Director Albert T. Fierro, Assistant City Manager Candace Horsley, City Manager (1) Resolution 12) Public Information Sheet ' ~¢'~"~' ~"-"~~ity~anager C a'h'~ ce Horsley, Page 2 June 19, 2002 Adoption of Resolution Revising the City of Ukiah Homeowners Sidewalk Construction Reimbursement Program How The Program Would Work: The property owner would file an application for the Ukiah sidewalk construction program with the Public Works Department. Next, the owner would obtain an encroachment permit to perform work within the City right-of-way. The encroachment permit would require the property owner to submit construction plans to the Public Works Department for review and approval. Following approval of the plans, the property would be authorized to commence construction. The owner would be required to use a licensed contractor to construct the new infrastructure improvements. The Public Works staff would conduct a final inspection of the contractor's work. Upon approval of the work, the property owner could apply for reimbursement associated with the sidewalk, curb, and gutter upgrades completed by his or her contractor. Limits on Reimbursements Reimbursements of construction costs would be limited based upon reasonable linear-foot building costs associated with the job (see below). In no case would the amount of reimbursement for a sidewalk abutting a single parcel exceed $5,000. This limit on the amount of reimbursement is necessary to make funds available to at least 10 separate properties each fiscal year. Construction Maximum Reimbursement Per Linear-Foot (LF) 1. Curb & gutter $14.00 . Sidewalk construction for a 4.5 foot wide sidewalk~ $13.50 ~For example, the maximum reimbursement for 60 LF of curb and gutter, plus 4.5 ft wide sidewalk would be $1,650. Staff believes that this program is a win-win situation for both the City and homeowners that will enhance the opportunities to meet the intent of the City Code to have a continuous and safe sidewalk system serving pedestrians, and recommends that Council adopt the attached resolution. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH REVISING THE SIDEWALK CONSTRUCTION REIMBURSEMENT PROGRAM WHEREAS, 1. Curb, gutter and sidewalk are currently required for newly constructed streets within the City of Ukiah; and 2. Under City Code Section 9181, a property owner is required to construct curb, gutter and sidewalk adjacent to the property's street frontage if the property owner is seeking to subdivide the property, develop unimproved property, or construct improvements to an existing structure that are equal to or exceed 1/3 the assessed fair market value of the existing structure; and 3. The City Council finds that all City streets should include curbs, gutters and sidewalks on both sides of the street to protect pedestrians, properly control storm water drainage, and beautify the City; and 4. To help achieve that goal, the City Council hereby adopts the Sidewalk Construction Reimbursement Program as set forth in this resolution. NOW, THEREFORE, BE IT RESOLVED that: 1. Establishment of Program. There is hereby established the Sidewalk Construction Reimbursement Program ("Program") which shall become effective on July 1, 2002, and shall continue from year-to-year thereafter, unless repealed or modified by further action of the City Council. Reimbursement shall be available only for sidewalk work which has not commenced prior to the date this ordinance becomes effective. The Program shall be subject to the appropriation of funds for such purpose each year by the City Council. 2. Eligibility. The owner of any legally established parcel of property in the City of Ukiah ("Parcel") which is improved with an existing single family residence, including lawfully established second units as permitted by Ukiah City Code Section 9017, or any person duly authorized in writing by the owner to apply on his or her behalf ("Applicant") is eligible to apply for sidewalk construction cost reimbursement in accordance with this resolution. This includes owners required to construct sidewalk improvements by Ukiah City Code Section 9181.C (applicable to building permits where the permit value is equal to or greater than 1/3 the assessed fair market value of the existing structure). Property owners with zoning, health or building code violations on their property shall not be eligible to apply for reimbursement under this resolution, until those violations have been cured to the satisfaction of the Planning Department. 2. Reimbursement. An eligible Applicant may receive reimbursement for the cost of constructing curb, gutter and sidewalk adjacent to the street frontage of his or her Parcel in an amount not to exceed $5,000 per parcel. The per Parcel limit applies to the total street frontage, including lots that front on more than one street, as in the case of comer lots. The amount reimbursed will be determined by the number of lineal feet of the Parcel's street frontage on which curb, gutter and sidewalk is constructed, in accordance with the following schedule: Construction Reimbursement Per Linear-Foot 1. Curb & gutter $14.00 , Sidewalk construction for a 4.5 foot wide sidewalk~ $13.50 3. Procedure. An Applicant shall complete, sign and submit to the City of Ukiah Public Works Department an application to participate in the Sidewalk Construction Reimbursement Program. The Applicant shall use an application form provided by the Public Works Department. The form shall include an agreement that the Applicant is undertaking the construction of the sidewalk improvements subject to the requirements of this resolution and his or her right to reimbursement shall be limited to the reimbursement authorized by this resolution. 3.1 Upon receipt of the application, the Public Works Director or his or her designee ("Director") shall determine whether the Applicant is eligible to participate in the Program. 3.2 If eligible, the Applicant must apply for and receive an Encroachment Permit from the Public Works Department before commencing any work in the public right of way. The following must be submitted to and approved by the Director prior to issuance of the Encroachment Permit: A. Construction plans; B. Proof of insurance and such indemnification agreement as are otherwise required for an Encroachment Permit; C. Evidence satisfactory to the Director that the work will be performed by a properly licensed construction contractor; D. Such warranty and warranty bond as is otherwise required for an Encroachment Permit; and Permit. E. Any other information or documents generally required for an Encroachment ~For example, the maximum reimbursement for 60 LF of curb and gutter, plus 4.5' wide sidewalk would be $1,650. 2 3.3 The construction of the improvements may commence upon issuance of the Encroachment Permit and must proceed in accordance with all conditions in that permit. The permit shall specify the inspections required by the Director and the contractor must provide not less than 24 hours prior notice, when requesting an inspection. The contractor shall not cover up work, requiring an inspection, until that inspection has occurred. 3.4 Upon approval of the work by the Director and his or her determination that the work has been completed in compliance with the Encroachment Permit and this resolution, the City shall reimburse the owner in accordance with Section 2 of this Resolution. The City shall endeavor to issue reimbursement checks within 30 days of final approval of the work by the Director. 4. Dispute Resolution. If an Applicant disputes any final determinations by the Director, he or she shall first appeal that decision to the City Manager by submitting a written description of the dispute and the relief requested within 10 days of the date the disputed decision was delivered or mailed to the Applicant, whichever occurs first. If the Applicant remains dissatisfied with the decision of the City Manager, he or she may appeal to the City Council, if a written appeal is filed with the City Clerk within 10 days of the date the City Manager's decision was delivered or mailed to the Applicant, whichever occurs first. PASSED AND ADOPTED on June 19, 2002, by the following roll call vote: AYES: NOES: ABSENT: Phil Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Z LU Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council~bers David J. Rapport, City Attorney/~//~/' June 14, 2002 Civic Center Bid (707) 462-6846 FAX 462-4235 At the City Council meeting on June 5, 2002, the City Council was presented with two bids for the Civic Center addition; a Iow bid by $13,000 from Rainbow Construction ($979,800) and a bid by Cupples & Sons ($992,569). Cupples has filed a bid protest, challenging Rainbow's bid as non-responsive for the following reasons: 1. Violation of General Conditions Section 1, 1-03~ for failing to use the City's blank subcontractor's list form and for removal of the form from the bound Special Provisions. 2. Several concerns with Rainbow's listing of HLR as a subcontractor for roofing: a. HLR allegedly does not have a valid and effective contractor's license from the Contractor's State Licensing Board; b. Violation of Section 07533, subsection 1. I(B) of the specifications by failing to submit work history data for HLR showing HLR"... having had successful warranted installation experience of the system specified, and of being authorized by the roofing system manufacturer to install specified manufacturer's materials." c. Cupples lists as a separate non-compliance failure to provide written confirmation from Duro-Last Roofing, Inc. that HLR is an approved applicator as required by Section 07533, subsection ~General Conditions Section 1,1-03 provides in part: "Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions. All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address." S:\U\Memos02\Rainbow.wpd June 14, 2002 Memorandum to Honorable Mayor and City Council Members June '14, 2002 Subject: Civic Center Bid Page 2 1.2.A. 1.2 Both verbally at the City Council meeting and in a letter dated June 6, 2002, Peter Richardson, President of Rainbow Construction3, responded as follows to Cupples protest: 1. On failure to use City forms and not to remove them from the bound Special Provisions, Richardson maintains that he used the City List of Proposed Subcontractors form by typing "SEE ATTACHED" on the form and not removing the form from the bound Special Provisions, and attaching a Rainbow Construction List of Subcontractors instead, which provided the required information. 2. On the qualifications of HLR, Richardson claims: a. HLR was listed as a roofing materials supplier only and, as a result, HLR does not need a state contractor's license to supply roofing materials. b. As to the qualifications to install the specified membrane roofing system as manufactured by Duro-Last Roofing, Inc., Richardson maintains that: (1) As a supplier of roofing materials, HLR was listed as a courtesy to other suppliers and subcontractors and not as a requirement of the bid documents or the Public Contracts Code;4 (2) The bid documents do not require that the work history and manufacturer's approval of the roofing contractor accompany the bid. He argues that this information can be submitted after the bid has been accepted; and (3) The City cannot and does not require a Duro-Last Roof, but under the bid specifications and state law, Rainbow can propose another manufacturer, which it intends to do. He also contends that the bid documents do not require the submission of documents qualifying another manufacturer with the bid, but allows the successful bidder to submit these documents after the bid has been accepted. CONCLUSION In my opinion, the City can accept Rainbow's bid as the lowest responsive responsible bid by waiving as inconsequential irregularities its substituting its own form for the City's Proposed List of Subcontractors form and its improper listing of HLR as a roofing subcontractor on that list. I am also of the opinion that (1) 2Cupples failed to supply the same information with its bid for Steve Roberts Roofing, listed as a subcontractor in its bid. In addition, Cupples bid fails to specify the work each of his listed subcontractors will perform as required by the instructions to bidders and Public Contractor's Code Section 4104. Rainbow has disavowed any intent to protest Cupples bid, although if the City Council were to reject Rainbow's bid for these reasons, it would have to reject Cupples bid on the same basis. 3Rainbow Construction is a fictitious name under which RCMC, Inc. does business. 4See p. 4 and attached letter from Duro-Last stating that HLR is an approved Dealer/Contractor. S:\U\Memos02\Rainbow.wpd June 14, 2002 Memorandum to Honorable Mayor and City Council Members June 14, 2002 Subject: Civic Center Bid Page 3 Rainbow must use the membrane roofing system manufactured by Duro-Last Roofing, Inc., because it did not submit with its bid financial information about any proposed alternative manufacturer as required by the Specifications and (2) Rainbow's own employees and crew must meet all specified qualifications for a roofing contractor installing the Duro-Last membrane system. ANALYSIS My analysis follows for each of these claimed violations of the bid documents and Rainbow's response to the claimed violations. 1. Failure to use City Proposed List of Subcontractors form without removing it from bound Special Provisions. Rainbow violated the requirement of General Condition Section 1, subsection 1-03. It did not use the City furnished form, except to write SEE ATTACHED on it, and it used a different form which was not part of the bound Special Conditions. He justifies this deviation from the requirements by speculating about the purpose of the requirement. It is not necessary to investigate whether Rainbow has correctly stated the purpose of the requirement. He did not follow it. Having said that, I don't' think his bid should be invalidated for that non-compliance. His substitute form appears designed to provide the information called for in the City form: the name and location of the place of business of each subcontractor who will perform work or labor or render service in an amount of one- half of I percent or more and the portion of the work to be done by each subcontractor. Whether Rainbow followed these instructions in filling out the form will be discussed below, under number 2. In the Notice to Bidders the City reserves the right to waive any information in any bid which does not affect cost or performance. Thus, the City reserves the right to waive inconsequential bid irregularities. Cities generally have this right in acting on bids for public works projects. (See Ghilotti Construction Co. v. City of Richmond (1996) 45 CaI.App.4th 897 [Basic rule of competitive bidding is that bids must conform to specifications, and that if bid does not so conform, it may not be accepted; however, bid which substantially conforms to call for bids may, though it is not strictly responsive, be accepted if variance cannot have affected amount of bid or given bidder advantage or benefit not allowed other bidders or, in other words, if variance is inconsequential.].) Here, I cannot see how the use of a separate form to provide the same information sought by the City's form could affect the amount of the bid or give Rainbow a competitive advantage over other bidders. The City Council could reasonably conclude that this deviation from the bidding requirements is inconsequential and could be waived. 2. Listing HLR on the Proposed List of Subcontractors as a supplier of materials only. Cupples protested the bid because HLR does not have a currently valid contractor's license but was listed as a subcontractor. S:\U\Memos02\Rainbow.wpd June 14, 2002 Memorandum to Honorable Mayor and City Council Members June 14, 2002 Subject: Civic Center Bid Page 4 The bid documents do not require the bidder to establish in his bid documents that each subcontractor is properly licensed. The invitation for bids requires the prime contractor to possess a current, valid State of California Contractor's License appropriate for the work. Section 1, 1-07 of the General Conditions requires the general contractor to be appropriately licensed and to establish its qualifications to perform the work. Subsection 1-09 contains the only reference to subcontractors, and it only requires that the subcontractors be listed in compliance with the Subletting and Subcontracting Fair Practices Act ("SSFPA"). (Public Contracts Code §§ 4100 and following.) The SSFPA does not require a contractor to include in its bid evidence that a subcontractor possesses a valid contractor's license. In fact, Public Contracts Code Section 4107(a)(6) permits a bidder to substitute another person as a subcontractor for a subcontractor listed in its bid, when the listed subcontractor is not licensed pursuant to the Contractors License Law. Peter Richardson, however, has stated in his June 6 letter that HLR is not going to perform work or labor or render service to Rainbow in or about the construction of the work. Rather, HLR will act as a supplier of roofing materials for the project, and was listed only as a courtesy to other bidders. Subsequent to the meeting, I wrote Richardson and asked him to substantiate his claim regarding HLR. (A copy of that letter is attached.) Richardson has submitted three documents to substantiate that HLR is supplying tile and Dura-Last roofing material but not providing any labor or services: (1) record of telephone bid, dated May 22, 2002, indicating that HLR is furnishing materials only for $26,000; (2) June 13, 2002, letter from HLR itemizing bid: $16,000 for tile and $10,000 for Duro-Last roofing material; and (3) letter from Tim Hart, General Manager, West Coast Division, Duro-Last Roofing, Inc., dated June 13, 2002, stating that HLR Roofing is an authorized Dealer/Contractor for Duro-Last Roofing, Inc., and that HLR has fulfilled all of Duro-Last's requirements and is in good standing to purchase and/or install all Duro-Last matereials. (Copies of these documents, including the fax transmittal is attached.) Listing HLR in the subcontractor's list did not follow the instructions in the bid documents to list subcontractors who will perform work or labor or render service. HLR was listed as such a subcontractor, but Rainbow has informed the City Council after bid opening that HLR is not a subcontractor. The immediate result of this disclosure is that Rainbow cannot substitute another subcontractor for HLR, because Rainbow did not list a true roofing subcontractor in its bid. Rainbow must perform the roofing work itself and cannot use a subcontractor to perform this work, and Rainbow must meet the requirements of the contract pertaining to the roofing contractor. In my opinion, listing a supplier in the subcontractor's list is a failure to follow the requirements of the bid and the SSFPA. The whole purpose of listing subcontractors is to identify those contractors who will receive more than Y~ of one percent of the total contract price and who will perform as subcontractors on the job. A bidder can only list one subcontractor for each separate portion of the work which is subcontracted. (Public Contract's Code §4104(b).) Once listed the subcontractor has the right to perform that portion of the work and a bidder can only substitute subcontractors for reasons specified in Public Contracts Code Section 4107. Regardless of whether the bidder has entered a formal contract with the listed subcontractor, if the bidder fails to use that listed subcontractor for reasons not listed in Section 4107, the listed subcontractor can bring an action for damages against the bidder. As explained by the State Supreme Court, the Act "confers the right on the listed subcontractor to perform the subcontract unless statutory grounds for a valid substitution exist .... [T]hat right may be enforced by S:\U\Memos02\Rainbow.wpd June 14, 2002 Memorandum to Honorable Mayor and City Council Members June 14, 2002 Subject: Civic Center Bid Page 5 an action for damages against the prime contractor to recover the benefit of the bargain the listed subcontractor would have realized had he not wrongfully been deprived of the subcontract." (Southern Cal. Acoustics Co. v. C.V. Holder, Inc., (1969) 71 Cal.2d 719, 727.) Richardson claims that listing suppliers on a subcontractor's list in public contracting is a common practice among contractors and is done to assure suppliers that the contractor is not bid shopping for supplies. Whether it is common practice or not, it does not comply with the bidding instructions or the purposes of the SSFPA. At a minimum, a contractor engaging in this practice should clearly designate subcontractors on the list who will not provide any labor or service on the job, so that they can be distinguished at the time of bid opening from subcontractors who the contractor is required to include on the list. The question becomes whether the listing of suppliers on the subcontractors list is a bid irregularity the City can waive. Since Rainbow must now perform this work itself with its own crews, the improper listing should not affect the price or otherwise provide Rainbow with an advantage over other bidders. Other bidders always had the option of performing the roofing work without using a subcontractor. The improper listing of HLR does not give Rainbow a legal basis to withdraw its bid (see Valley Crest Landscape, Inc. v. City Council (1996) 41 CaI.App.4th 1432, 1442) and the City has not offered Rainbow an opportunity to withdraw its bid based on the improper listing. (See Ghilotti Construction Co. v. City of Richmond, supra, 45 CaI.App.4th at 910.) These have been cited as possible consequences of bid irregularities that could give a contractor an advantage over other bidders. For these reasons, I believe the City Council could reasonably conclude that the listing of HLR is an inconsequential bid irregularity that can be waived. 3. Submission of roofing contractor qualifications after bid opening. Rainbow contends that the bid documents do not require it to use a membrane roofing system manufactured by Duro-Last Roofing, Inc. and do not require submission of roofing contractor qualifications with the bid but permit their submission after the bid has been accepted. Rainbow correctly points out that both the bid specifications and state law require the City to allow a bidder to propose an alternative to any product specified by manufacturer. Section 8-03 of the General Conditions provides that whenever any material or equipment is indicated or specified by the name of the manufacturer, such specification shall be considered as followed by the words "or approved equal." The Contractor may offer any material or equipment which shall be equal in every respect to that specified, provided that written approval first is obtained from the City. Moreover, Public Contracts Code Section 3400 prohibits the City from writing bid specifications that limit bidding to a specific brand name product, unless the specification is followed by the words "or equal." The roofing specifications themselves require all components of the roofing system to conform to the current published specifications and details of Duro-Last Roofing, Inc. but allow for another manufacturer to supply material meeting these specifications. (See, e.g., Specifications, {}07533, subsection 2.0.B.2.) However, the manufacturer proposing to supply material that meets these requirements must provide financial information and demonstrate annual roofing material sales of not less than $50 Million, a net worth of not less than $3 Million and no history of late payment to creditors. The financial information must be provided 14 days prior to the bid date. Moreover, prior to receipt of bids, the bidder must submit all S:\U\Memos02\Rainbow.wpd June 14, 2002 Memorandum to Honorable Mayor and City Council Members June 14, 2002 Subject: Civic Center Bid Page 6 forms and other required data to Duro-Last Roofing, Inc. for pre-approvals, and the architect must receive recommendations for revisions to the specifications from Duro-Last Roofing required due to particular job conditions. In the absence of such comments from Duro-Last, the City is entitled to rely on Duro-Last's most recently published specifications, which the contractor must follow. Accordingly, while Rainbow is correct that another manufacturer may be substituted for Duro-Last, Rainbow cannot require that substitution, because it did not submit qualifying information about an alternate manufacturer (see §07533, subsection 2.0.B.2) prior to submitting its bid as is required by Section 07533, subsection 1.1.C.3 of the specifications. Except for the information just discussed, Rainbow is correct that the roofing contractor qualifications to install the Duro-Last Roofing, Inc. membrane system are identified as submittals that can be furnished after the bid is accepted. (See, e.g., Specifications §07533, subsection 1.2.A. 1 listing, among others, as submittals "Written confirmation from Duro-Last Roofing, Inc. that the installer is an approved applicator.") Rainbow will be required to meet all of the specifications concerning the roofing contractor using the Duro- Last membrane product, because any attempt to substitute manufacturers is not timely under the Specifications. For all of these reasons, in my opinion the City can accept Rainbow's bid as the lowest responsive responsible bid by waiving as inconsequential irregularities its substituting its own form for the City's Proposed List of Subcontractors form and its improper listing of HLR as a roofing subcontractor on that list. I am also of the opinion that (1) Rainbow must use the membrane roofing system manufactured by Duro-Last Roofing, Inc., because it did not submit with its bid financial information about any proposed alternative manufacturer as required by the Specifications and (2) Rainbow must meet all specified qualifications for a roofing contractor installing the Duro-Last membrane system with its own employees and crew. D JR:can Enclosure S:\U\Memos02\Rainbow.wpd June 14, 2002 David J. Rapport Lester J. Marston Scott Johnson Mary Jane Sheppard Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: draDDort(~,,pacbell, net June 10,2002 (707)462-6846 FAX462-4235 Peter Richardson Rainbow Construction P.O. Box 2769 Ukiah, CA 95482 Re: Ukiah Civic Center Annex Bid Protest Dear Mr. Richardson: As you know, the City Council asked me to investigate the bid protest by Couples Construction. I am preparing an opinion discussing that protest. Candace Horsley faxed me a copy of your letter to Mayor Ashiku dated June 6, 2002, concerning this matter. Is this your formal submission in response to this protest or will you be submitting additional information either yourself or through your attorney? I will hold off finalizing my opinion until I receive your further submission, if you let me know that I should expect one. I would also request a copy of the bid to your company from HLR, which was submitted before the bid opening. That document would assist me in evaluating Couples protest concerning HLR's qualifications. I would appreciate receiving a copy of HLR's bid as soon as possible. If you have any questions or wish to discuss the contents of this letter, please do not hesitate to contact me or if you have an attorney representing you in this matter, have your attorney contact me. Very truly yours, DAVIO.-o'~RAP PO RT Attorney at Law D JR:can CC: Candace Horsley, City Manager Phil Ashiku, Mayor S. I' l.:r?2' Rainbm~ BidPro~cst xvpd Transmittal Rainbow Constru~on 1'o: F,x: 4G'2-- We are sending: Submit(~l for: AcUon taken: Shop Drawings I'1 Anlxoval I-] Ap~v~ ~ ~m~ L~ 0 Y~r U~ P~ 0 ~ R~t~ 0 R~ ~erL~n C~n~ O~er ~ R~ a~ Comm~ ~ R~b~ Plans ~ Su~ ~~ ~m via: Sp~~s 0 A~ 0 R~f~ C~ons ~n 0 $e~ C~r ~a: ~ D~ D~e: ,, _ , ~m No. C~ D~e ~: Item ~: No. D~c~ion: Post Office Box 2769 Ukiah, California 95482 Phone Fax Contractor 707/468 5504 707/462 8111 Lic. No. CL715671 June 13, 2002 Phooe 707-467oi Mr. Peter Richardson Rainbow Construction P.O. Box 2769 Ukiah, CA 95482 Dear Pe~r: As you requested here is the breakdown on the U!e_ inh Civic enter project. The tile cost win be $16,000, wh~ thc Duro~s! roofing material comcs to $ I 0,000. That adds up to thc total for xh¢ mater/ala I phoned in to your otFace on bid day of $26,000. Hope that answers your questions. AST' Roofing, Inc. 111 N. Valley Drive Granl:l Pass, Oregon 975:~6 (541) 476-9918 (800) 356-6M$ FAX (541) 479-7(]71 FAX (800) 566-2598 lu~ t3, 2002 ~inbow C~on Upon payment ~alt xelated in~ and sat~fisutory inspection by a Dura-Last ~ Spe~.'_ ~'t, ~1~ ~ ~ I~ ~. [3m-o-Last provid~ tl~ bm~clin~ owner ~ co~ al~lic, at~ with no ~ns for poncEn8 wat~. btolosical IFOWtb or ~o~a~u~tial danag~ IfI can be ofany ~ assistan~ please don't hesit~e to call (800) 356-6646. c~: I-ILR Roofing Chris l~en Pcarson Other Locations;. Saginaw, Michigan, Jackson. Mississippi and Si9oumey. Iowa TELEPHONE SUB BID Project: UKIAH CMC CENTER Date: 5/22/2002 Company: Contact: Phone: City: Section(s)' · Scope Ltr Sent: Per Plans & Specs: Yes l~l~ NO II Furnished & Install: Yes (No-) Tax Inc.:, ~ N~, Have you Noted Addendum: 1,2 ~ BASE BID: Alternate One Alternate Two Alternate Three Alternate Four May 22, 2002 ¢ONgTRU¢ ION, I C. 501 St. Mary's Avenue Hopland, CA 95449 (707) 744-1905 FAX (707) 744-9271 MAY 2 3 2OO2 CITY OF UKIAH CITY CLERK'S DEFARTMEN? Mr. Larry DeKnoblough City of Ukiah 300 Seminary Avenue UKIAH, CA 95482 Dear Mr. DeKnoblough, We appreciated the opportunity to bid on your Civic Center Addition project. You and Richard Ruff were very helpful in addressing our pre-bid questions. Our bid response complies with the plans and specifications. That is: The entire specification book was incorporated as part of our bid response, as detailed in Section 1, Proposal Requirements and General Conditions, Paragraph 1-03, Proposal. No pages were removed from the Special Provisions nor were additional pages added unique to our business. A licensed roofing subcontractor, pre-approved by Duro-Last, Inc., was listed on our Subcontractor List, complying with Section 07533, Flexible Sheet Roofing System, Paragraphs 1.1.B.1 and 1.2. (see enclosed Duro-Last, Inc. approved installer list provided by Chris Hemphill, Duro-Last, Inc.) We have assembled a team of professionals amxious to get started and build the quality finished product you deserve. And to that end, we ask that you assure all licensing and certification is valid, and you make your selection of the General Contractor based on the lowest qualified bidder meeting the guidelines of the plans and specifications. We look forward to working with you and your staff on this important project. Sincerely, Rick Cupples Cupples & Sons Construction, Inc. JOHN A. BEHNKE MYRNA L. OGLESBY FRANK SHAW BACIK BRIAN C. CARTER BRIAN S. MOMSEN GINEVRA CHANDLER PHILIP M. VANNUCCI CARTER, BEHNKE, OGLESBY & BAClK A PROFESSIONAL CORPORATION 169 MASON ST., SUITE 300 POST OFFICE BOX 720 UKIAH, CALIFORNIA 95482-0720 TELEPHONE: (707) 462-6694 TELEFAX: (707) 462-7839 June 5, 2002 Phil Ashiku, Mayor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 City Council City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: Bidding for 411 Clay Street Addition (Ukiah Civic Center) Specification No. 0206 Dear Mayor Ashiku and Members of the City Council: Our law firm represents Cupples Construction, one of the two bidders on the above-referenced project. As you know, the Project Manual for this construction project contains a number of specific terms to which each bidder must respond in order to be considered a responsible bidder on the project. This letter formally protests the Rainbow Construction's deviation from these specifications, specifically three sections relating to the roofing cdntractor. Because Rainbow Construction has not met the requirements and specifications of the Project Manual for this bid, we request that you reject Rainbow's bid as non-responsive. Rainbow Construction has not met the requirements of General Conditions, Section 1, 1-03. Rainbow Construction's bid is not on the blank form provided by the City but instead includes enclosures not included in the City bid package. In addition, 1-03 requires that the bid be submitted on the blank form "without removal from the Bound Special Provisions." Here, Rainbow Construction removed pages. Thus, Rainbow Construction's bid is not responsive to 1-03. Phil Ashiku, Mayor City Council June 5, 2002 Page 2 The roofing contractor HLR, does not possess a California license. The roofing contractor's license has expired because it does not meet worker's compensation requirements (see Exhibit A attached hereto). The State has determined that the roofing contractor is not allowed to bid on contracts. Section 07533 provides the specifications for the flexible sheet roofing system, in General Condition §i.I(B). In particular §i.I(B) requires the contractor to "submit work history data showing having had successful warranted installation experience of the systems specified, and of being authorized by the roofing system manufacturer to install the specified manufacturer's materials." No such work history has been provided by Rainbow Construction. Section 1.1(B) also requires the contractor to demonstrate that the roofing contractor has been authorized by the roofing system manufacturer to install the specified manufacturer's materials. As you can see by the attached Exhibit B, the manufacturer CPH Durolast has issued a list of local roofing companies which are certified by CPH Durolast to install their roofing. HLR Roofing does not appear on this list. Therefore, HLR Roofing is not a roofing contractor qualified under the specifications of this bid package to do the work for which the contractor has bid. The contract specifications clearly require a roofing contractor to have both work history with this specific roofing system and certification from the manufacturer. Both are lacking here. Thus, the bid is materially unresponsive to the required specifications. Similarly, in the same §07533, 1.2, the bid specifications require the contractor to provide written confirmation from Durolast Roofing Inc. that the installer is an approved applicator. The bid schedule provided by Rainbow Construction nowhere contains the required written confirmation and indeed the certification provided in Exhibit B to this letter demonstrates that such certification could not be forthcoming. Therefore, the contractor has failed to meet the material requirements of the bid specifications in §l.2(A). Section 2 of the specifications of the Project Manual requires that award of the contract "will be to the lowest responsible bidder whose bid complies with all the specified requirements." Here, Rainbow Construction's bid has failed to meet the specifications outlined above, in particular General Condition 1.09, §07533, 1.1(B) (1) and §07533, 1.2(A) (1) and (2). Failure Phil Ashiku, Mayor City Council June 5, 2002 Page 3 to provide a licensed roofing contractor who can demonstrate a history of successful installation of the specific roofing materials is a material deviation from the required specifications. This failure indicates that Rainbow Construction has not demonstrated its ability to successfully complete a significant portion of the contract, the furnishing and installation of the roofing material required under the bid. Based upon Rainbow Construction's failure to meet these specifications, we respectfully request the City Council reject the bid of Rainbow Construction as not qualified as a lowest responsible bidder on this contract. GKC: dj s Enclosures Very truly yours, GINEVRA K. CHANDLER cc: David Rapport, City Attorney Larry Deknoblough, Director of Community Services Diane Steele, City Engineer Cupples Construction Page 1 of 1 Extract Date: 0512212002 * * * Business Information * * * H L R ROOFING 310 LOW GAP RD UKIAH, CA 95482 Business Phone Number: (707) 467-1457 Entity: Sole Ownership Issue Date: 0811511997 Expire Date: 0813112001 * * * License Status * * * This license is expired and not able to contract at this time, * * * Additional Status Information * * * The license will need to meet the workers compensation requirements to renew or reactivate. * * * Classifications * * * ~JDesmiptic~l ~JI~OOFING lJ * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9014993 in the amount of $7,500 with the bonding company AMERICAN CONTRACTORS IND__EMN_ITY COMPANY. Effective Date: 1211011998 go. ri. t.r.a.ct .o. r~s Bpnding.Histo_ry * * * Workers Compensation Information * * * ! This license has workers compensation insurance with the STATE COM PEN_.$.A_...T.!ON. I.._N S_.U_._~.N..C.E.F_.U_N.D Policy Number: 1591791 Effective Date: 1011812000 Cancellation Date: 1112712001 W_Q r_k .e r_s _Cp_m p_e_ E~ at Lo_13._ H j_slo ry_ http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 5/22/2002 1t25 ~20 82:50 C J) H DURD LA,q'F ~00~' Phone: 707-576-1875 Fax: 707-576-1910 Owner 1171 Mountain Pine Road Sonoma 716461 Ted( Tmkelsen Pleaidem 754 North ~ Street Lldeh. CA 05482 747106 Exp: Phone: 707-,694,4919 Civ' Phone: 7D7.,,69S-6698 Pager. 707-329-7670 Phone: 707-466,6331) Fix: 707-.462-2644 Phone: 707-763-1535 Fix: 707-763,-2357 (~ Phone: 707-584-9750 Fax: 707-565..1828 Cm' Phone: 707.4798450 Ukbh. CA I M,mdm:~o CS;603S~2 Phor~e:707-d82-9125 Fax:707-462.4432 C~Pllonl:707-4~9-0921 PoO~.707.466-2554 -I- ,:'. C2 . Bruce C~mll 198 Court Ul~ah, CA 95482 tMndoc~o umlerooverOJ~M C-~9 64212T Ex,o: 03/01/99 , i Phone: 707-462.0205 Fix: 707..462-1771 Cer Photo: 707-272.8014 Home Phone: 707.463-1635 Pager: 707-4~-9T54 Post Office Box 2769 Ukiah, California 95482 Phone 707/468 5504 June 6, 2002 Fax 707/462 8111 Contractor Lic. No. 715671 Rainbow Construction Mr. Phil Ashiku City o f Ukiah 300 Seminary Drive Ukiah, CA 95482 RE: Ukiah Civic Center Annex (Spec. #206) Bid Protest from Couples Construction dated 6~5/02 Dear Mr. Ashiku: We are writing to address the issues raised in the above referenced protest letter. Unfortunately, the public works construction industry has been plagued with these frivolous protests more and more. They generally seem to come out of the frustration of being second rather then addressing any legitimate statutory violations or bid irregularities. We will nevertheless address each and every one of their contentions as simply and directly as possible, ultimately showing that our bid is in actual fact responsive in every regard, unlike Couples Construction's own bid which flagrantly violates the California Public Contract Code, section 4104 (b). First Couples Construction contends that' our bid violates the General Conditions, Section 1, 1-03. This provision states, "Bids shall be made on the blank form prepared by the City without removal from the bound Special Provisions." An examination of our bid proposal clearly shows our compliance. Our proposal was submitted on the form prepared by the city without removal from the bound Special Provisions. Nowhere does the referenced section require the entire book to be turned in---that is in fact a disingenuous interpretation being used by Couples in a nit-picking attempt to create an irregularity where there is none. In fact the whole reason for this provision is so that the specification booklets are not broken apart and can subsequently be used by the general contractor and subcontractors without the city incurring additional printing costs. The only "additional enclosures" provided are our bid bond information and an additional page of subcontractor and supplier listings. This part of their protest is so pathetic as to be laughable. With regard to our listing of HLR Roofing as the "roofing contractor" it is clear that once again in an attempt to manufacture a case for our proposal being non-compliant Couples Construction is making a number of erroneous assumptions. HLR is in fact listed for roofing, and in fact it is our intention to purchase all of the roofing through them, due to their experience with this type of membrane system. Since they will not be performing the work as a subcontractor, the fact that their subeontractor's license is not current was of no concem to us. The roof will actually be installed by our own forces under the direction of a certified installer, whose subcontract amount is less than the ½ of 1% of the contract that would have required listing. Incidentally, as a service to our many faithful subcontractors and material suppliers, we diligently list all subcontractors and many material suppliers on our subcontractor listing form. We list for example, rolling door suppliers and window suppliers, even though they are not required to be listed under Public Contract Code section 4104 because they are not providing labor. When there were two concrete suppliers in Ukiah, we used to list the one we intended to use even though they are material suppliers only. It's a courtesy to our many friends in the industry that we make the effort to do this--it keeps them informed and maintains a level competitive playing field. Essentially, if we choose to list material suppliers and subcontractors whose contracts might be less than ½ of 1%, it is neither a requirement of yours instructions to bidders nor the Public Contract Code. With regard to the un-submitted work history data and authorization by the roof system manufacturer, it is not a requirement, contrary to the apparently misleading assertions of Couples Construction, that these items be submitted with the bid proposal. There are in fact hundreds of additional documents that are required to be submitted in almost all of the trade sections. If you check with your architect you will discover that these items are always submitted during the submittal process, which occurs early in the course of construction rather than with the bid proposal. Besides that, even if they were submitted with the bid proposal, they would be yet another "additional enclosure." Hopefully, the City is now beginning to see just how ridiculous this protest is. Also, although it is the City's desire to have a Duro-Last Roof, the specifications clearly allow (section 07533, B, 2) for the substitution of another manufacturer. Couples Construction is once again hanging their hat on an erroneous assumption, namely that we have to use Duro-Last. We in fact do not. Another manufacturer may be used if they "submit acceptable information certifying that they are the direct manufacturer from raw materials into the specified membrane, factory prefabricate the membrane into roofing panels, and meet the performance and financial criteria required." We believe if you check with your architect you will find that his intention was in fact to allow this flexibility as well as also discovering that all of these various certifications, documentations, and work history data documents, etc., are to be submitted and approved before the work is done, not with the bid. In the final analysis, this protest seems clearly to be nothing more than sour grapes from a losing general contractor. We believe Couples Construction would be far better served as would the city and its taxpayers if they would simply direct their focus away from frivolous protests and try to become more competitive in their pricing. This clever attempt to make a bid that is not only $13,000 higher but also in direct violation of the Public Contract Code (section 4104 (b)) somehow the winning bid is an insult to everyone involved in making this project a reality. Our firm has successfully completed more public works building projects in Mendocino County in the last twenty years than all other general building contractors combined. Our bid is clearly responsive in each and every regard and we look forward to working with you once again. Sincerely, Peter Richardson President Cc~ Richard Ruff David J. Rapport, esq. Larry Deknoblough counsel ITEM NO. 10b DATE: June 19, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOClNO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDATED WITH THE REGULAR STATEWlDE GENERAL ELECTION The City of Ukiah historically has consolidated its elections with Mendocino County. Attached for Council's adoption is a proposed Resolution, with Agreement attached as Exhibit A, calling an election on November 5, 2002, consolidating the election with the Statewide General Election, and contracting with the County of Mendocino for election services. The election is necessary to fill the vacancies created by the expiration of two Council terms (Baldwin and Libby) and the term of the Mayor (Ashiku). A calendar of election deadlines is attached for your review. The costs for providing these election services will be approximately $10,600 and will be budgeted accordingly in the Fiscal Year 2002-2003 budget. RECOMMENDED ACTION: Adopt the Resolution Calling An Election and Authorizing an Agreement Between the City of Ukiah and Mendocino County and Authorize the Mayor to Execute the Agreement ALTERNATIVE COUNCIL POLICY OPTIONS: Choose not to consolidate the election with the County of Mendocino and direct the City Clerk to conduct the election. Citizen Advised: N/A Requested by: N/A Prepared by: Marie Ulvila, City Clerk~'"~Z'~-~"d'_- Coordinated with:Candace Horsley, City Manager and Marsha Wharff, Mendocino County Clerk Attachments: 1. Proposed Resolution with Agreement attached as Exhibit A 2. Terms of City of Ukiah Elected Officials 3. Calendar of election deadlines Candace Horsley, City Manager ASR: County Election Agreement 2002 RESOLUTION NO. 2002- ATTACHMENT_._~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOCINO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDATED WITH THE REGULAR STATEWIDE GENERAL ELECTION WHEREAS, the City OF Ukiah did, by Ordinance No. 948, pursuant to the authority of Section 26503.5(a) of the Government Code, set the date for the General Municipal Election of the City of Ukiah to be held on the same day as the Statewide General Election; and WHEREAS, said Ordinance has been approved by the Board of Supervisors of the County of Mendocino as required by law, by minute order of said Board of February 15, 1994; and NOW, THEREFORE, BE IT RESOLVED that an election shall be called; that the General City Election shall be consolidated with the Statewide General Election, with the following election candidates: two City Council positions and the position of Mayor, and all other required election matters; and that the County Clerk be authorized to provide election services as set forth in the proposed agreement attached hereto as "Exhibit A" and that said agreement be entered into by the Mayor of the City of Ukiah and the Chairman of the Board of Supervisors of the County of Mendocino. PASSED AND ADOPTED this day AYES: NOES: ABSENT: ABSTAIN: 2002, by the following roll call vote. Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk Resolution No. 2002- Page 1of 1 EXHIBIT A AGREEMENT BETWEEN THE CITY OF UKIAH AND MENDOCINO COUNTY FOR ELECTION SERVICES WHEREAS, the General Municipal Election has been set for November 5, 2002, the same day as the Statewide General Election, and the City Council of the City of Ukiah desires that the County Clerk shall conduct the election of November 5, 2002, for the filling of two (2) Councilmember seats and the seat of the Mayor, and any other vacant seats or ballot measures submitted to the Board of Supervisors with request for consolidation at least 88 days before the election. NOW, THEREFORE, the City of Ukiah and County of Mendocino agree as follows: . The County Clerk shall provide the following services in connection with conducting the November 5, 2002 Municipal Election, on the City's behalf: a. Establish precinct boundaries to coincide with Statewide Election; b. Designate polling places and appoint election officers; C, Notify election officers of their appointment and instruct inspectors concerning their duties; d. Appoint and pay election officers; e. Arrange for the availability of polling places, all supplies necessary for casting ballots, and setting up voting booths; Publish lists of precincts, election officers, polling places and hours polls will be open; g. Verify signatures appearing on candidates nomination papers; h. Provide sample ballots to each voter; Receive absent voter applications, accept absent voter ballot returns, retain custody of absent voter ballot, and count absent voter ballots; and Provide Certificate of County Clerk as to result of the Canvass, for approval by the City Council. EXHIBIT A , , , The City Clerk of the City of Ukiah shall be responsible for: a! All functions of the City Clerk relative to arguments concerning City measures as set forth in Elections Code § 9200, et seq., including filing and accepting notices required; b. Publication of the Notice of Election; c. Publication of Candidates as required by law; d. Distribution and receipt of nomination papers; e. Receipt of Candidate's Statement; and Receipt of campaign statements and disclosure statements as required by law. In consideration of the services rendered by the County Clerk and described herein, the City of Ukiah agrees to pay the actual direct costs reasonably attributable to the City's Municipal Election, and a ten percent (10%) charge for associated overhead based upon a detailed invoice prepared by the County Clerk and presented to the City for payment. Payment for services due under this agreement shall be made after billing is submitted by the County of Mendocino. Dated: CITY OF UKIAH, CALIFORNIA By: Mayor Phillip Ashiku ATTEST: By: Marie Ulvila, City Clerk Election: County Agreement 2002 Election Dated: BOARD OF SUPERVISORS MENDOCINO COUNTY, CALIFORNIA By: Chairman of the Board David Colfax ATTEST: By: Kristi Furman, Clerk of the Board ATTACHMENT TERMS OF CITY OF UKIAH ELECTED POSITIONS MAYOR CITY COUNCIL CITY CLERK CITY TREASURER As of December 6, 2000 CITY COUNCIL Date First Appointed Phillip Ashiku, Mayor Phil Baldwin, Vice Mayor Kathy Libby Roy Smith Eric Larson Date Present Term Elected Expires 11/7/00 11/2002 11/3/98 11/2002 11/3/98 11/2002 11/7/00 11/2004 11/7/00 11/2004 *The Mayor is elected to a two (2) year term. All other positions are elected to four (4) year terms. CITY CLERK Marie Ulvila 6/17/98 11/7/00 11/2004 TREASURER Allen Carter 11/7/00 11/2004 Council: Terms 120600 300 SEMINARy AVENUE UKIAH, CA 95482:5400 Phone# 707/463-6200 Fax'CC 707/463-6204 Web Address: www. cityofukiah.com ATTACHMENT CONSOLIDATED GENERAL LAW CITIES GENERAL (OR SPECIAL) MUNICIPAL ELECTION TUESDAY, NOVEMBER 5, 2002 LAWS IN EFFECT IN 2002 May 29 July 1 July I - July 15 July 8 July 15 - August 9 July 19 July 19 July 30 July 31 August 9 August 9 August 9 August 14 August 14 Aug Mst 15 August 22 September 9 - October 22 October 7 October 7 - October 29 October 15 October 21 October 24 October 29 October 30 - November 5 November 4 . .. November 5 November 5 CLOSE OF POLLS December 10 December 19 January 31, 2003 Apdl 1, 2003 SUGGESTED LAST DAY TO FILE PETITIONS REGARDING MEASURE SUGGESTED LAST DAY FOR COUNCIL TO ADOPT RESOLUTIONS PUBLISH NOTICE OF ELECTION LAST DAY TO ADOPT REGULATIONS FOR CANDIDATES STATEMENTS FILING PERIOD FOR NOMINATION PAPERS AND CANDIDATE'S STATEMENTS SUGGI-;~TED LAST DAY TO CALL ELECTION FOR BALLOT MEASURES LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENT- MEASURES PUBLISH NOTICE OF ELECTION - MEASURE, NO CANDIDATES POST NOTICE OF DEADLINE FOR FILING ARGUMENTS SUGGESTED LAST DAY TO FILE ARGUMENTS LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS - SEMI-ANNUAL LAST DAY TO CALL ELECTION FOR BALLOT MEASURES SUGGESTED LAST DAY TO FILE REBUTrAL ARGUMENTS LAST DAYTO FILE NOMINATION PAPERS LAST DAY TO FILE NOMINATION PAPERS - EXTENSION LAST DAY TO WITHDRAW MEASURE(S) FROM BALLOT. SECRETARY OF STATE TO DETERMINE ORDER OF NAMES ON BALLOT CANCEL ELECTION - INSUFFICIENT CANDIDATES FILING PERIOD FOR WRITE-IN CANDIDATE LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS - 1sT PRE-ELECTION · VOTERS MAY REQUEST ABSENTEE/VOTE BY MAIL BALLOTS LAST DAY TO MAIL SAMPLE BALLOTS AND POLLING PLACE NOTICES LAS~T DAY TO REGISTER TO VOTE LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS - 2"~ PRE-ELECTION LAST DAY FOR CLERK TO PUBLISH NOTICE OF NOMINEES EMERGENCY ABSENT VOTING PERIOD ,! LAST DAY FOR COUNCIL TO ADOPT PROCEDURES TO RESOLVE TIE VOTE ELECTION DAY LAST DAY TO RECEIVE ABSENT VOTER BALLOTS COUNCIL TO DECLARE THE RESULTS LAST DAY TO FILE STATEMENT OF ECONOMIC INTERESTS LAST DAY TO FILE CAMPAIGN EXPENDITURE STATEMENTS - SEMI-ANNUAL LAST DAYTO SUBMIT REPORT ON MEASURES TO SECRETARY OF STATE (E- 160) (E- 127) (E - 127 to 113) (E- 120) (E - 113 to 88) (E- 109) (E - 109) (E- 98) (E - 88) (E-88) (E-88) (E-83) (E- 83) . (E.- 82) (E- 75) ~ (E - 57 to 14) (E-31) (E - 29 to 7) (E-21) (E -15) (E- 12) (E- 7) (E - 6 to E) (E- 1) (E) (E) (E * 35) (E +44) Visit ourwebsite www.martinchapman.com email scott~martinchapman.com MA~iN & CHAPMAN Co. * 1951 WR~GH't CIRCLE * ANAHEIM, CA 92806-6028 * 714/939-9866 * FAx 714/939-9870 (R01.42/'1/9/~21 #.~Cale~lam~2~2~2~2, Nevemb~ S Co~ Final Conected I~age~.~pd) AGENDA ~'I'EM NO: lOc MEETING DATE: June 19, 2002 SUMMARY REPORT SUB3ECT: APPROVAL OF EMERGENCY INTERCONNECTJON AGREEMENTS WITH WILLOW AND MILLVIEW COUNTY WATER DISTRICTS AND REVIEW OF DRAFT PET~I'ION FOR CHANGE IN ALLOWED PLACE OF USE UNDER C~'I'Y WATER RIGHTS PERMIT Attached for the consideration of the City Council is a draft of an Emergency Interconnection Agreement that the City would enter into with Millview County Water District and Willow County Water District. The attached version of the agreement shows the changes in bold face that are revisions from the expired agreements that the City had signed with each district. The City would enter separate agreements with each district, but the agreements would each read the same, except for the mention of the Calpella Water District in Millview's agreement. (Continued on page 2) RECOMMENDED ACT]:ONS: 1. Approve and authorize the Mayor to sign the Agreements. 2. Provide comments regarding change in place of use petition. ALTERNAT]:VE COUNC]~L POLICY OPT]~ONS: 1. Make additional revisions to the Agreements. 2. Disapprove emergency interconnection agreements with Millview and Willow County Water Districts and provide direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager Darryl Barnes, Director, Public Utilities Department; Gary Weatherford; Paula Whealen; Millview County Water District; Willow County Water District 1. Proposed redlined form of agreements 2. Change In Place of Use Petition - to be delivered Approved' Candace Horsley, City'X~anager The following is a brief summary of the changes: 1. Paragraph 2 of the recitals now contains a definition of "urgent or emergency condition" which is defined as".., a sudden or unexpected occurrence or combination of occurrences causing the domestic water supply to be temporarily interrupted or lessened." 2. Paragraph 4 of the recitals prohibits Millview from using its connection with the City to serve Calpella County Water District under its agreement with Millview. This is because the water supply agreement between Millview and Calpella is not limited to emergency conditions. 3. Paragraphs 2 and 4 of the Agreement requires a representation that an urgent or emergency condition exists before either Millview or the City are obligated to provide water to the other party. 4. Paragraphs 2.a and 4.a require a 24 hour notice, if practical, and a statement of the beginning and ending dates when service is to be provided in a notice from either the City or IVlillview requesting service. 5. Paragraph 2.c (3) and 4. C (3) add that a need for service caused by an equipment failure will only exist, if the provision of water under the agreement is the only practical way to repair the equipment without an interruption in service. 6. Paragraphs 2.c (4) prohibits Millview from using its emergency connection with the City to service Calpella. 7. Paragraph 5 is revised to increase the charge for water from 35 cents to $1.00 per 1000 gallons. 8. Paragraph 7, requiring compliance with laws and permit requirements, now includes a statement that the WRCB must approve a petition to change the place of use under the City's water rights permit and Millview's water rights permit before either party can furnish water to the other under the agreement. The agreements have been sent to both water districts for review and comment. We have received verbal approval from Willow County Water District, and anticipate a response from Millview County Water District before the end of the month. Once the form of the agreement has been approved, a petition to include Millview and Willow County Water Districts in the City's place of use will be filed with the Water Resources Control Board along with petitions by each district to include the City in the allowed place of use under their permits. The petition will represent that water will be used only in accordance with the Emergency :[nterconnection Agreements. Staff is requesting Councilmember review of the agreements and the draft petition, which will be delivered when received, to provide staff with comments and direction. We will provide those comments to IVls. Whealen to incorporate into the petition before it is filed with the State Board. The Board has established July I as the deadline for filing the petition. INTERCONNECTION AGREEMENT ThiS Agreement is made and entered in Ukiah, California, on 2002, by and between the City of Ukiah ("Ukiah"), a general law municipal corporation and Millview County Water District ("Millview"), a county water district formed under the provisions of water Code sections 30000 et seq. RECITALS: 1. Millview and Ukiah operate water systems that serve contiguous territory. Water mains belonging to the two agencies lie in close proximity to each other. 2. Urgent or emergency conditions can from time to time interrupt the water service Millview and Ukiah provide their customers. "Urgent or emergency conditions" in this Agreement means a sudden or unexpected occurrence or combination of occurrences causing the domestic water supply to be temporarily interrupted or lessened. 3. It wOuld improve the reliability of water service Millview and Ukiah provide to their customers, if the water mains of both systems were physically connected but separated by valving that could be opened during urgent or emergency conditions. 4. The purpose of this agreement is to establish the terms and conditions under which the systems can be physically connected and the water made available to the neighboring system during urgent or emergency conditions; provided, however, that none of the quantity of water provided by Ukiah to Millview under the agreement is to be delivered by Millview to the Calpella County Water District. AGREEMENT: wherefore, in consideration of the above-recited facts and on the terms and conditions as further stated herein the parties hereby agree as follows. s:\u\ag rm ts93\m il Iview June 14, 2002 1. Interconnection. On and after the effective date of this Agreement the Ukiah and Millview water systems can be physically connected using Iockable valves that can only be operated by Millview and Ukiah, a water meter of sufficient capacity for the connection size, and in accordance with the further plans and specifications set forth in the attached Exhibit A, which is incorporated herein by reference as though set forth in full. Millview and Ukiah shall share equally the cost of physically connecting the two systems and shall fully cooperate with each other by taking all necessary and reasonable steps to facilitate the interconnection. The parties shall use their best efforts to complete the connection within sixty (60) days from the effective date of this Agreement. 2. Ukiah's Provision of water service to Millview. Upon wri~en or verbal request from Millview's General Manager or his duly authorized delegate, including a representation that urgent or emergency conditions exist, Uikiah's City Manager or his duly authorized delegate shall open the valve allowing water to flow from Ukiah's water system to Millview's water system under the following terms and conditions: a. If practible, Millview shall give Ukiah at least 24 hours advance notice to open the valve. In its request for service Millview shall indicate the time when it wants the temporary service to begin and the time when it wants that service to end. Unless earlier notified of a different termination date, Ukiah shall end service on the date indicated in the notice from Millview. In any event, Ukiah may, but need not, end service when the limits of service imposed by subparagraph b have been reached. b. Ukiah shall not be required to furnish water service for longer than fourteen continuous calendar days or for more than twenty total calendar days in any calendar quarter (Jan. 1 to March 31, April 1 to June 30, July I to September 30, October I to December 31). c. Ukiah shall only be required to furnish water service to Millview for the following reasons: (1) An emergency and/or equipment failure affecting Millview's capacity to deliver water to its customers; s:\u~agrmts93\milIview June 14, 2002 service area; (2) To combat a fire within or without the Millview (3) TO allow for necessary maintenance or repair of Millview equipment not I~ractical~ly achievable without that water service; or (4) Contamination of Millview's water source. d. None of the quantity of water provided by Ukiah to Millview under this agreement is to be delivered by Millview to the Calpella County Water District. 3. Payment ~or service I~rovitletl I~y Ultiah. Millview shall pay Ukiah S. per 1000 gallons for water furnished under this Agreement. Ukiah shall bill Millview for requested service within fifteen days after said service entls, or within 30 days of I~eginning service, whichever comes first, and each 30 days thereafter until the charges for service have been paid in full. Payment of each bill shall be due no later than thirty days from the billing date. The parties shall confer in good faith at least once every two years after the effective date of this Agreement to negotiate rate adjustments, taking into consideration changes in the cost of operations and other factors affecting the cost of supplying water under the terms of this Agreement. In the event of future mutually agreed upon changes in the rate, Millview understands that Ukiah may charge a higher rate for water service outside city limits than it charges for water service within city limits. If it agrees to such higher charges, it shall also release and waive any legal or other objections it might otherwise have to paying such higher rates and agrees to fully defend, indemnify and hold Ukiah harmless from and against any claim by any Millview customer s:\u~ag rmts93\m il Iview June 14, 2002 against Ukiah or its officers, agents or employees arising out of such rate differences, if any. 4. Provision of water service to Ul(iah from Millview. Upon written or verbal request from Ukiah's City Manager or his duly authorized delegate, including a representation that urgent or emergency conditions exist, Millview's General Manager or his duly authorized delegate shall open the valve allowing water to flow from Millview water system to Ukiah's water system under the following terms and conditions: a. If practicable, Ukiah shall give Millview at least 24 hours advance notice to open the valve. In its request for service Ukiah shall indicate the time when it wants the temporary service to begin and the time it wants that service to end. Unless earlier notified of a different end date, Millview shall end service on the date indicated in the notice from Ukiah. In any event, Millview may, but need not, end service when the limits of service imposed by subparagraph b have been reached. b. Millview shall not be required to furnish water service for longer than fourteen continuous calendar days or for more than twenty total calendar days in any calendar quarter (Jan. 1 to March 31, April 1 to June 30, July I to September 30, October I to December 31). c. Millview shall only be required to furnish water service to Ukiah for the following reasons: (1) An emergency and/or equipment failure affecting Ukiah's capacity to deliver water to its customers; (2) TO combat a fire within or without the Ukiah service area; (3) TO allow for necessary maintenance or repair of Ukiah equipment not practicably achievable without that water service; or (4) Contamination of Ukiah's water source. 5. Payment for service provided by Millview. Ukiah shall pay Millview $. per 1000 gallons for water furnished under this Agreement. s:\u~agrmts93\millview June 14, 2002 Millview shall bill Ukiah for each requested service within fifteen days after said service ends, or within 30 days of beginning service whichever occurs first, and each 30 days thereafter until all charges are paid in full. Payment of each bill shall be due no later than thirty days from the billing date. The parties shall confer in good faith at least once every two years after the effective date of this Agreement to negotiate rate adjustments, taking into consideration changes in the cost of operations and other factors affecting the cost of supplying water under the terms of this Agreement. In the event of future mutually agreed upon changes in the rate for water service under this Agreement, Ukiah understands that Millview may charge a higher rate for water service outside its district boundaries than it charges for water service within those boundaries. If it agrees to such higher charges, it shall release and waive any legal or other objections it might otherwise have to paying such higher rates and agrees to fully defend, indemnify and hold Millview harmless from and against any claim by any Ukiah customer against Millview or its officers, agents or employees arising out of such rate differences, if any. 6. Waiver. Failure to enforce any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or a different provision of the Agreement. 7. Compliance with law. This Agreement shall not obligate either party to furnish water to the other, if the provision of such water would violate any provision of state or federal law or any term or condition of any permit, license or other approval held by either party in connection with its public water system. AS Of the date this Agreement was executed Ukiah and Mi#view had each been informed by the State Water Resources Control Board that relevant places of use would have to have been approved by the Board before interconnected water service could be provided under this Agreement. 8. Limits on flow. Ukiah and Millview mutually agree to limit the transfer of water under this Agreement to a rate of flow that will not adversely affect the distribution system or customer service levels of either system. If the City Manager of Ukiah or the General Manager of Millview determines that such an adverse impact will occur, the manager or authorized representative of the affected system may without prior notice discontinue or reduce flow to the other system. s:\u~agrmts93\milIview June 14, 2002 10. Entire agreement. This Agreement contains the entire agreement between the parties concerning its subject matter and supersedes any prior statements, agreements or understandings between the parties concerning the same subject matter. Any such prior statements, agreements or understandings are hereby declared null and void and of no further force or effect. The parties may amend this Agreement or enter new or additional agreements to, among other things, transfer or sell water to each other, provided any such amendments or agreements are contained in a writing approved by the legislative bodies and executed by duly authorized officials of both parties. 11. Notice. whenever written notice is required or allowed under the terms of this Agreement it shall be deemed given when personally delivered or when received by certified mail, return receipt requested, and addressed as follows: City Manager City of Ukiah Ukiah Civic Center 300 Seminary Avenue Ukiah, California 95482 General Manager Millview water District 3081 NOrth State Street Ukiah, California 95482 13. Term. The term of this Agreement shall be five (5) years from its effective date. The term may be extended on such terms as the parties shall agree. No such extension shall be binding unless contained in a writing signed by both parties. 14. Third party beneficiaries. This Agreement is for the exclusive benefit of Ukiah and Millview and confers no rights or benefits on any persons or entities not a signatory to this Agreement. No third party beneficiaries are intended or established by this Agreement. s:\u~ag rmts93\m il Iview June 14, 2002 15. Duplicate originals. This Agreement may be executed in one or more duplicate originals and when so executed each duplicate original bearing the original signatures of the parties shall be admissible in any administrative or legal proceeding as evidence of the terms of this Agreement. WHEREFORE, the parties have entered this Agreement on the date first written above. CITY OF UKIAH ATTEST: By: Mayor City Clerk MILLVIEW COUNTY WATER DISTRICT By: Chairman of the Board ATTEST: Secretary s:\u\ag rmts93\m il Iview June 14, 2002 INTERCONNECTION AGREEMENT This Agreement is made and entered in Ukiah, California, on 200:~ by and between the City of Ukiah ("Ukiah"), a general law municipal corporation and Willow County Water District ("Willow"), a county water district formed under the provisions of water Code sections 30000 et seq. RECITALS: 1. Willow and Ukiah operate water systems that serve contiguous territory. Water mains belonging to the two agencies lie in close proximity to each other. 2. Urgent or emergency conditions can from time to time interrupt the water service Willow and Ukiah provide their customers."Urgent or emergency conditions" in this Agreement means a sudden or unexpected occurrence or combination of occurrences causing the domestic water supply to be temporarily interrupted or lessened. 3. It would improve the reliability of water service Willow and Ukiah provide to their customers, if the water mains of both systems were physically connected but separated by valves that could be opened during urgent or emergency conditions. 4. The purpose of this agreement is to establish the terms and conditions under which the systems can be physically connected and the water made available to the neighboring system during urgent or emergency conditions. AGREEMENT: Wherefore, in consideration of the above~ecited facts and on the terms and conditions as further stated herein the parties hereby agree as follows. 1. Interconnection. On and after the effective date of this Agreement the Ukiah and Willow water systems interconnections are in operation using Iockable valves that can only be operated by Willow and Ukiah and a water meter of sufficient capacity for the connection size. 2. Uklah's Provision of water service to Willow. Upon written or verbal request from Willow's General Manager or his duly authorized delegate, including a representation that urgent or emergency conditions exist, Ukiah's City Manager or his duly authorized delegate shall open the valve allowing water to flow from Ukiah's water system to Willow's water system under the following terms and conditions: a. If practicable, Willow shall give Ukiah at least 24 hours advance notice to open the valve. In its request for service Willow shall indicate the time when it wants the temporary service to begin and the time when it wants that service to end. Unless earlier notified of a different termination date, Ukiah shall end service on the date indicated in the notice from Willow. In any event, Ukiah may, but need not, end service when the limits of service imposed by subparagraph b have been reached. s:\u~agrmts02\willow June 14, 2002 b. Ukiah shall not be required to furnish water service for longer than fourteen continuous calendar days or for more than twenty total ~lendar days in any calendar quarter (Jan. 1 to March 31, April I to June 30, July I to September 30, October I to December 31). c. Ukiah shall only be required to furnish water service to Willow for the following reasons: (1) An emergency and/or equipment failure affecting Willow's capacity to deliver water to its customers; (2) TO combat a fire within or without the Willow service area; (3) To allow for necessary maintenance or repair of Willow equipment not practicably achievable without that water service; or (4) Contamination of Willow's water source. 3. Payment for service provided by Uklah. Willow shall pay Ukiah$1.00 per 1000 gallons for water furnished under this Agreement. Ukiah shall bill Willow for requested service within fifteen days after said service end~ or within 30 days of beginning service, whichever comes first, and each 30 days thereafter until the charges for service have been paid in full. Payment of each bill shall be due no later than thirty days from the billing date. The parties shall confer in good faith at least once every two years after the effective date of this Agreement to negotiate rate adjustments, taking into consideration changes in the cost of operations and other factors affecting the cost of supplying water under the terms of this Agreement. In the event of future mutually agreed upon changes in the rate, Willow understands that Ukiah may charge a higher rate for water service outside city limits than it charges for water servicewithin city limits. If it agrees to such higher charges, it shall also release and waive any legal or other objections it might otherwise have to paying such higher rates and agrees to fully defend, indemnify and hold Ukiah harmless from and against any claim by any Willow customer against Ukiah or its officers, agents or employees arising out of such rate differences, if any. 4. Provision of water service to Uklah from Willow. Upon written or verbal request from Ukiah's City Manager or his duly authorized delegate, Including a representation that urgent or emergency conditions exist, Willow's General Manager or his duly authorized delegate shall open the valve allowing water to flow from Willow water system to Ukiah's water system under the following terms and conditions: a. If practicable, Ukiah shall give Willow at least 24 hours advance notice to open the valve. In its request for service Ukiah shall indicatethe time when it wants the temporary service to begin and the time it wants that service to end. Unless earlier notified of a different end date, Willow shall end service on the date indicated in the notice from Ukiah. In any event, Willow may, but need not, end service when the 2 s:\u~ag rmtsO2\willow June 14, 2002 limits of service imposed by subparagraph b have been reached b. Willow shall not be required to furnish water service for longer than fourteen continuous calendar days or for more than twenty total calendar days in any calendar quarter (Jan. 1 to March 31, April I to June 30, July I to September 30, October 1 to December 31). c. Willow shall only be required to furnish water service to Ukiah for the following reasons: (1) An emergency and/or equipment failure affecting Ukiah's capacity to deliver water to its customers; (2) To combat a fire within or without the Ukiah service area; (3) TO allow for necessary maintenance or repair of Ukiah equipment not practicably achievable without that water service; or (4) Contamination of Ukiah's water source. 5. Payment for service provided by Willow. Ukiah shall pay WillowS1.00 per 1000 gallons for water furnished under this Agreement. Willow shall bill Ukiah for each requested service within fifteen days after said service ends~ or within 30 days of beginning service whichever occurs first, and each 30 days thereafter until all charges are paid in full. Payment of each bill shall be due no later than thirty days from the billing date. The parties shall confer in good faith at least once every two years after the effective date of this Agreement to negotiate rate adjustments, taking into consideration changes in the cost of operations and other factors affecting the cost of supplying water under the terms of this Agreement. In the event of future mutually agreed upon changes in the rate for water service under this Agreement, Ukiah understands that Willow may charge a higher rate for water service outside its district boundaries than it charges for water service within those boundaries. If it agrees to such higher charges, it shall release and waive any legal or other objections it might otherwise have to paying such higher rates and agrees to fully defend, indemnify and hold Willow harmless from and against any claim by any Ukiah customer against Willow or its officers, agents or employees arising out of such rate differences, if any. 6. waiver. Failure to enforce any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach of the same or a different provision of the Agreement. 7. Compliance with law. This Agreement shall not obligate either party to furnish water to the other, if the provision of such water would violate any provision of state or federal law or any term or condition of any permit, license or other approval held by either party in connection with its public water system. AS of the date this Agreement was executed Uklah and Willow had each been Informed by the State Water Resources Control Board that relevant places of use would have to have s:\u~ag rmts02\willow June 14, 2002 been approved by the Board before Interconnected water service could be provided under this Agreement. 8. Limits on flow. Ukiah and Willow mutually agree to limit the transfer of water under this Agreement to a rate of flow that will not adversely affect the distribution system or customer service levels of either system. If the City Manager of Ukiah or the General Manager of Willow determines that such an adverse impact will occur, the manager or authorized representative of the affected system may without prior notice discontinue or reduce flow to the other system. 10. Entire agreement. This Agreement contains the entire agreement between the parties concerning its subject matter and supersedes any prior statements, agreements or understandings between the parties concerning the same subject matter. Any such prior statements, agreements or understandings are hereby declared null and void and of no further force or effect. The parties may amend this Agreement or enter new or additional agreements to, among other things, transfer or sell waterto each other, provided any such amendments or agreements are contained in a writing approved by the legislative bodies and executed by duly authorized officials of both parties. 11. Notice. Whenever written notice is required or allowed under the terms of this Agreement it shall be deemed given when personally delivered or when received by certified mail, return receipt requested, and addressed as follows: City Manager City of Ukiah 300 Seminary Avenue Ukiah, California 95482 General Manager Willow water District 151 Laws Avenue Ukiah, California 95482 13. Term. The term of this Agreement shall be five (5) years from its effective date. The term may be extended on such terms as the parties shall agree. No such extension shall be binding unless contained in a writing signed by both parties. 14. Third party beneficiaries. This Agreement is for the exclusive benefit of Ukiah and Willow and confers no rights or benefits on any persons or entities not a signatory to this Agreement. No third party beneficiaries are intended or established by this Agreement. 15. Duplicate originals. This Agreement may be executed in one or more duplicate originals and when so executed each duplicate original bearing the original signatures of the parties shall be admissible in any administrative or legal proceeding as evidence of the terms of this Agreement. s:\u\ag rm ts02\wi I I ow June 14, 2002 4 WHEREFORE, the parties have entered this Agreement on the date first written above. CITY OF UKIAH ATTEST: By: Mayor City Clerk WILLOW COUNTY WATER DISTRICT ATTEST: By: Chairman of the Board Secretary s:\u~agrmts02\willow June 14, 2002 AGENDA ITEM NO: MEETING DATE: 1Od :lune 19, 2002 $ U t4 t-tA RY REPORT SUB.1ECT: CONSIDERATION AND ADOPTION OF RESOLUTION REVISING COMPENSATION FOR CITY CLERK Based on Council policy, the City Manager is to conduct a performance evaluation of the City Clerk and recommend an increase in compensation to the City Council. Any increase approved by the City Council will become effective the first pay period in .luly with the new fiscal year budget. In order to provide a comprehensive evaluation of the City Clerk's performance, I met with various City staff members who work directly with or receive services from the City Clerk's office on a regular basis. In addition, I met with Marie to discuss any comments or concerns from the administrative staff's perspective and to determine goals for the coming year. Overall, Marie continues to perform in a very satisfactory manner in her responsibilities to the City Council, public, and City staff. Her accomplishments this last year include placing the Ukiah Municipal Code electronically on our computer network system and allowing access on our website by the public. We have received numerous compliments from citizens regarding being able to easily access City Code requirements, and it has reduced the responsibility of staff to provide hardcopies of these documents. (Continued on page 2) RECOt4t4ENDED ACTION: After discussion, approve resolution revising compensation for the City Clerk. ALTERNATZVE COUNCZL POLI'CY OPTZONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Candace Horsley, City Manager N/A 1. Resolution approving compensation for City Clerk 2. List of City Clerk's skills and duties Approved: Candace HorS~ey~, ty Manager In addition, Marie is completing the scanning of documents including agendas, resolutions, ordinances, and summary reports on the Laser Fiche imaging system. It is her goal to be up to date with all documentation being electronically scanned by August of this year. She has also located ~,00 new records boxes for storage per the City records retention schedule, and Marie is working individually with each department to eliminate boxes of materials that are no longer required for retention. Marie and I also discussed the importance and priority of providing the draft minutes to the City Council in a timely manner, by the next Council meeting, and sick leave usage. Staff will assist Marie in whatever way we can to help her accomplish her goals. Based on Marie's satisfactory performance, staff recommends an increase of 5%, to Step D, based on the step schedule that was adopted by Council last year. The average cost of living increase for the City employee units in October 2001 was 5%. Since the City Clerk is an elected position, there are no Brown Act closed session provisions for discussion of this item. 4:CAN~4SRO~erk.061902.doc ATTACHMENT RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING COMPENSATION FOR CITY CLERK WHEREAS, Ukiah City Code Section 350 states that the compensation for the City Clerk "...shall be determined by the City Council and established by resolution as adopted from time to time by the City Council."; and WHEREAS, the City Council establishes that the City Clerk salary shall coincide with the five steps associated with the Administrative Secretary salary as found in the City of Ukiah Salary Schedule at the time of the evaluation; and WHEREAS, placement within the five steps will be based on objective job-related criteria, as established in the City Clerk job description approved by the City Council at its July 3, 1996 City Council meeting (Exhibit "A"); and WHEREAS, each year prior to Budget deliberations, the City Manager will perform an evaluation of the City Clerk to present to the City Council for final approval, with the new salary to be effective July 1 of each year; and WHEREAS, the amount paid as salary specified herein does not include amounts authorized and paid on behalf of the City Clerk for retirement, health and welfare, and Federal social security and medicare benefits; and WHEREAS, the City Council concurs with the City Manager's performance evaluation of the City Clerk, dated June 19, 2002, and determines that an increase in the compensation paid to the City Clerk is earned and justified. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Ukiah does approve an increase in the salary paid per year to City Clerk Marie Ulvila from Resolution No. 2002- Page 1 of 2 twenty-three thousand dollars ($23,000) to twenty-four thousand, one hundred fifty dollars ($24,:[50), effective July l, 2002. PASSED AND ADOPTED this 19th day of .]une, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAZN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 4:Sec.atyCler.02 Resolution No. 2002- Page 2 of 2 DUTIES AND RESPONSIBILITIES CITY CLERK (Average 32 hours per week) DEFINITION The City Clerk-position is an elected position which is responsible for serving as Clerk of the City Council; taking and transcribing minutes of all City Council meetings: preparing and distributing City Council agenda packets: maintaining custody of records; performing other related duties; and performing all other duties required of the City Clerk by law. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E=Essential Duty: M=Major Portion of Time) - Serves as Clerk of the City Council. (E-M) Takes and transcribes meeting minutes of all City Council and Redevelopment Agency meetings. (E-M) - Prepares and distribUtes the City Council agenda packets. (E-M) - Prepares and processes Notices of Public Hearings for City Council meeting public hearings as required by law. (E) - Receives documents addressed to the City Council and distributes mail on a regular basis. - Maintains custody of all City records, including certifying copies and filing in central file. Maintains a City-wide Records Management Program and oversees destruction of records as allowed by law. (E) - Maintains appointive lists for various boards and commissions appointed by the City Council and Redevelopment Agency. - Maintains custody of City' Seal and administers and files oaths of office, affirmations, and acknowledgments. - Processes all ordinances and. resolutions approved by the City Council. (E) -Attests to a variety of documents as required, including ordinances, resolutions, and subpoenas. (E) - Performs election-related duties, such as accepting campaign disclosure forms, statements of economic interest, and various petitions. (E) - Processes claims for damages. (E) - Answers citizen inquiries made by mail, telephone, or in person. (E-M) - Maintains and updates the Municipal Code Book. Receives and opens bids. (E) Performs duties related to annexation proceedings, obligation bonds, name changes, Affidavits of Completion, official bonds, improvement districts, and street vacations as required. - Performs other duties as required, in cooperation with the Executive Assistant and Secretari al Pool. The City Council cannot change qualifications for the elected City Clerk. as established by State statute. Hc~ever, the following are useful to perform the office effectively: QUALIFICATIONS Knurl edge of: - Standard office practices and office equipment. - Functions, organization, and policies of the City. - Brown Act regulations. Ability to: - Work under pressure to meet established deadlines. - Take and transcribe meeting minutes accurately and rapidly. - Operate a computer system for a major portion of the work day requiring manual dexterity. - Type accurately from clear copy at a speed of not less than 50 words per minute. - Spell correctly and use correct English grammar. - Compose general correspondence and letters. - Work cooperatively with other departments, City officials, outside agencies, and those contacted in the course of work. - Sit for long periods of time, possibly up to 5 hours. Experience and Education: Any combination equivalent to graduation from high school and two years of increasingly responsible secretarial/clerical experience. Special Requirement: Possession of a valid Class C California Driver's License. CITY OF UKIAH CITY CLERK'S OFFICE The City Clerk is an elected official in the City of Ukiah. Some of the duties of the City Clerk include, but are not limited to, the following: , Coordinate Elections. Currently the City of Ukiah conducts a Consolidated election with the County of Mendocino. a. Distribute Nomination Papers and other related materials to candidates running for election, including explaining procedures and forms to candidates. b. Report to the Mendocino County Clerk with regard to Nomination Papers, Candidate Statements, and other related Election procedures. , Provide information to the City Council with regard to Resolutions, Agreements, and Publications necessary to conduct a Municipal Election. . Serve as filing officer for the Public Reform Act of 1974 regulations (Campaign disclosure forms and Statements of Economic Interest). , Report to the Fair Political Practices Commission (FPPC) with regard to filing procedures. . . Provide Voter Register cards and forward to the Mendocino County Clerk. Serve as Clerk of the Ukiah City Council. 7. Attend City Council meetings and transcribe minutes. . . Act as Secretary or Assistant Secretary to the Redevelopment Agency. Attend Ukiah Redevelopment Agency meetings and transcribe minutes. 10. Maintain Minutes book for Ukiah Redevelopment Agency. 11. 12. 13. Prepare, post, and distribute City Council and Ukiah Redevelopment Agency agendas. Prepare City Council Chambers for meetings and provide cleanup after meetings. Prepare City Council Agenda Packets and make arrangements for distribution to Council, staff, etc. 14. Deliver Agenda Packets, and special timely matters to Councilmembers. 15. Receive, stamp, and distribute to City Council mail. 16. Follow up to City Council decisions at meetings such as notifying bidders of award, notification to claimants, Attest, Index, File Resolutions and Ordinances, Publish (or Post), Preparation of minutes, etc. 17. Act as secretary to the Mayor, Council and/or City Manager or Administrator as needed. 18. Maintain and file Conflict of Interest Code for City employees, City Council and Commissions. 19. Maintain Custody of City Records a. Certification of copies b. Indexing and filing c. Destruction of records 20. Maintain Custody of City Seal. 21. 22. Administer and File Oaths of Office, Affirmations and Acknowledgments. Notarize City documents. 23. File Affidavits of Completion. 24. Duties Concerning Street Vacations. 25. Duties Concerning Filing of Claims. 26. 27. Notice of Public Hearing Duties (Post/Publish/VVritten Notification). File Official Bonds. 28. Maintain Committee/Commission/Board Appointive Term List as required under Maddy Appointive List Act. 29. Maintain City Council Committee Assignment List. 30. Maintain all Lease Agreements. 31. 32. Answer citizen inquiries made by mail, telephone, or in person. Maintain City Code Book and updates. 33. Maintain the City Clerk's office supplies and equipment. 34. Maintain Tickler Files for various contract/lease deadlines, etc. 35. Receive and open bids, and distribute to staff as appropriate. 36. Accept subpoenas. 37. Act as City Archivist and/or Historian and respond to requests for records. 38. Maintain a Citywide Records Management Program and Retention Schedule. 39. Maintain a Citywide Optical Imaging System. 40. Conduct tours of the Administration wing of City Hall for visitors and school classes. 41. Duties concerning Annexation Proceedings. 42. 43. Duties concerning Improvement District Proceedings. Maintain Qualified Contractor's List. 44. Research documents and respond to requests for public information. Clerk:Duties Revised: 06/02/00 AGENDA 1TEN NO: MEETING DATE: 10e 3une 19, 2002 SUMMARY REPORT SUBJECT: CONSIDERA'I'~ON AND APPROVAL OF A ClTY COMMUNITY BEAU'~FICA'rION RECOGNI"I'~ON PROGRAM Frequently, the City processes or becomes aware of either a special development project or design renovation that stands out as an excellent example of the goals the City Council has set forth for improving and enhancing our community image. Though the Chamber of Commerce has an annual awards ceremony that recognizes a single beautification project, City staff regularly deals with projects the Council may wish to acknowledge that do not fall under the Chamber's criteria. Acknowledgment by the Council to individuals for their efforts, commitment and time spent to develop a creative and special project, would honor the efforts of those community members who deserve recognition. Projects of this caliber can be seen throughout the City. Awards could be offered as frequently as on a monthly basis or just once a year, depending on the number of innovative renovations and construction projects that are completed during the year. Staff believes this program will assist the City in promoting higher quality development and beautification projects throughout the community. Staff recommends that a committee consisting of one or two Councilmembers and several staff members be formed to develop a policy statement and guidelines for selection of projects. Once approved by the Council, the committee would meet as needed to consider nominations for special recognition. Staff is requesting Council's discussion and approval of the Community Beautification Recognition Program and selection of Councilmembers for the committee. RECOMMENDED ACTTON: Discuss and approve program and committee ALTERNATTVE COUNCI'L POLTCY OPTTONS: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager N/A None Candace Horsley, C~ Manager 4: C. AN ~SRProj Recog.061902.doc ITEM NO. ].of DATE: June 19, 2002 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- FIRE UNIT The City Manager and City negotiators have met with representatives of the Fire Unit over the past several months to discuss negotiation items for the contract term from October 1, 2001 - September 30, 2005. A final offer has been given to the Fire Ur~it for their approval and they are attempting to meet with their union members prior to the Council meeting. Though the City has not received a response from the Fire Unit as of the time this report was written, we are hopeful that an agreement will have been reached in time for Council's approval and adoption of the proposed MOU. The proposed Memorandum of Understanding is being submitted for Council's review and discussion in closed session with the City Manager. Staff recommends consideration of the Fire Unit Memorandum of Understanding (MOU) and adoption of the Resolution approving the MOU for the period of October 1, 2001 through September 30, 2005. If the City Council approves the agreement in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Consider MOU and adopt resolution approving Memorandum of Understanding for the Fire Unit for the term of October 1,2001 - September 30, 2005. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution Adopting Memorandum of Understanding Between the City of Ukiah and the Fire Unit C~r~ce Horsley, City~anager 3:MOUV~SRMOU.FIR RESOLUTION NO. 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, 2001 - September 30, 2005 has been agreed to; 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 June 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk 3:mou\resrnoufire UKIAH REDEVELOPMENT AGENCY REGULAR MEETING CIVIC CENTER COUNCIL CHAMBERS 300 SEMINARY AVENUE June 19, 2002 8:00 p.m. The Regular Meeting of the Ukiah Redevelopment Agency scheduled for 8:00* p.m. on June 19, 2002, has been canceled due to a lack of business. The next regularly scheduled meeting will be held July 17, 2002. *Or as soon as the meeting .may be held in conjunction with the regularly scheduled City Council meeting