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HomeMy WebLinkAbout2002-05-15 PacketPRO.LAMA ~VHERF~S, the City o£ Ukiah is in the process of implemen tinny its Bicycle and Pedestrian Master Plan; and ~VttEREAS, riding a bicycle or walking promotes a healthy mind and body and great[y reduces the an~-ieties of everyday life/ and ~VfIEREAS, the amount of air pollution, traffic congestion, and noise can greatly be reducedby riding a bicycle, walkinz or riding an MTA bus rather than usin$~ a private automobi[ei and ~VtIEREAS, the use o£bicycles for transportation is stead~ly growing in Ukiahz and ~tIEREAS, t~velve bicycIes can be parked in the space occupied by one car andeach person riding a bicycIe, wa[kin6, or riding an MTA bus for business in Ukiah will ~rce up parking spaces for those who choose not to bicycIe, waI~, or ride an MTA bus,. and ~f}~IEREAS, bicycles are the most energy efficient form of transportation in helping to reduce our society's dependence on oiI and fossiI fueIs~ and ~VI~IER£AS, bicycle transportation is an inte~oral part of the '~multi*modal" transportation system p[anned by federa{ state, regiona~ andlocaI transportation government a6encies~ and ~ttEREAS, the California Bicycle Co,~[ition, the American LungAssociation of Ca[~[ornia~ and the Ca[i£ornia Department of Transportation (CaItrans) have worked cooperativeIy ~vith many public and private groups and in~'~duaIs to promote bicycle con~n~utin~, and ~VHEREAS~ the month of May is '~a[i~ornia CIean Air Month "as part of the American Lung Association of CaIifornia's efforts to promote air quality and )VationaI Bi~'e ~fonth to promote the bicycle as a means of transportation and recreation. IVOV~, THEREFORE, I, Phillip Ashiku, Mayor of the City of Ukiah, on behaIf of my feIIo~v Cio' Councihnembers, PhiI Ba[d~n, Kathy Libby, Roy Smith, and Eric farson do hereby proclaim May 12-18, 200Z, as VALK ROLL FESTIVAL in thc City of Ukiah, and urge all who are able to take advantage of the benefit' offered to those ~o ride a bicycle, ,~I~; or ride an ~tTA bus to do so during this ~vcck and throughout thc ~ year. Date: A~y IS, 2002 PhiIlip Ashiku, ~lfayor ~~ 4a UKIAH REDEVELOPMENT AGENCY Regular Meeting of April 17, 2002 The Ukiah Redevelopment Agency met in regular session on April 17, 2002, which had been legally noticed and posted, at 10:20 p.m. in the Civic C~:~::~oU~:'~ii ~. Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken following~ Commissioners were present: Commissioners Larson, Smith, and Chairman Ashiku. Staff present: Executive Director Horsley, City AE~:~ey Ra~ and Recording Secretary Kinch. 2. AUDIENCE COMMENTS ON NoN-AGENDA No one came forward to address the Agency : .: 3. APPEAL PROCESS Chairman Ashiku reviewed the appeal process,::~?~i 4. APPROVAL OF MINUTES 4a. Regular Meeting of March 20, 2002 M/S Smith/Baldwin approving the minutes of the Regula~::~ing of Me,ch 20, 2002 as submi~ed, carried by the folk ' 'oll call vote: AYES: Co~~ione~~ =~[arson, Smith, Libby, Baldwin, and Chairman None. ABSENT:?:~~ ~'BSTAIN: None. 5. CONSENT CALEN~?' Sa. Adoption of Resolution A Request for Use of PoAion of County 20% Ho~!ng .S~ide F~ Ford Street Project, Multi-Service Shelter) M/S Larson/Sm i Consent~:~Aiendar Agenda item "a"; carried bythe following roll call vote: issioners Lar~::,~ Smith, Libby, Baldwin, and Chairman Ashiku. NOES: N~ 6 ~MlSSlONE~ B~PORTS Non~~:~'' .... :.:.~:?~;: ~;~ 8. A~QURNMEN~ ?? There be'i:~ ~o fu~he~ ~iness, the meeting was adjourned at 10:29 p.m. Kathy Kinch~Recording Secreta~ ::: Regular Ukiah Redevelopment Agency Meeting April 17, 2002 Page 1 of 1 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, May 1, 2002 The Ukiah City Council met at a Regular Meeting on May 1,2002, the notice for been legally noticed and posted, at 6:30 p.m. in the Civic Center Council Ch~~rs, Seminary Avenue, Ukiah, California. Roll was taken and the following were present: Larson, Smith, Libby (6:32 p.m.), Baldwin, and M~ Staff present: Community Services Director DeKnoblough, Finance Manager/Budget Officer Harris, City Manager Horsley, City Attorn~ Service Supervisor Sangiacomo, Planning Director Stump, and City 2. PLEDGE OF ALLEGIANCE .... ~,:::::,i::~iiii ii~,,?.~:~: Councilmember Baldwin led the Pledge of Allegiancei 6:32 p.m.' Councilmember Libby arrived at 3. PROCLAMATIONS 3a. National Association of Letter Carriers Mayor Ashiku read the Proclamation proclaiming May 11 Drive Day in Ukiah and urged all citizens to take part by mailbox on Saturday, May 11 Food Bank. 3. PROCLAMATION 3b. America The Beautiful Da~ Mayor Ashiku read the Proclamati( Day in Ukiah an~,:~?,i',?:..~g~ all citizens Memorial Dayi~~!~!~d take a momi diligent andii~";~lenting'~ii!!~rt to maintain M Vice compo Veteran's introduced Drive as NAL ~r National Food by their it to the Ukiah as America the Beautiful with family to participate in the planned Io thank those who have gone before us in the and liberties as Americans. of Ope[ati~~ Flags in Ukiah, thanked Mike Harris for recognized the efforts of the Rick Buckman, County and Secretary for Operations Flags, and Operation Flags. meeting. 4. UTES 4a. Re_q~ii:~ Meetinq of April 3, 2002 Councilme~r Smith recommended a correction on page 11, fourth paragraph, the second to I~:?Sentence to read, "He also attended a MTA Board meeting in Fort Bragg hear, community members wanting more service." Baldwin recommended a correction on page 10, fourth paragraph, to ay Baldwin expressed concern with these water districts using water for agriCultural and irrigation purposes and maintaining proper records of water diversions." Regular City Council Meeting May 1,2002 Page 1 of 14 Councilmember Larson recommended a correction on page 10, fifth paragraph, the second sentence to read, "Under the agreement we will bill them for the cost of that water." Councilmember Libby recommended a correction on page 5, sixth paragraph~ ~ i~st sentence to read, "She expressed her support for the project and how it w~i~ben~ children in the community who currently do not have access to this type ::~'fi ~g ram ." M/S Larson/Smith approving the Regular Meeting Minutes of April 3~ii72002, as carried by the following roll call vote: AYES: Councilmembers Lars°~i!~::~i~ith, Libby! ~i~e- Mayor Baldwin. NOES: None. ABSENT: Mayor Ashiku. ABS?AIN: N~e~ 4. APPROVAL OF MINUTES 4b. Regular Meeting of April 17, 2002 Councilmember Larson drew attention to page which reads, "This is based on the level of Lake felt that Director Barnes was speaking about City Manager Horsley advised that staff would consult statement and felt the statement should read, "This is and availability of power." Councilmember Larson sentence to read, "Commu 20 meeting, the City Council ap Cross for 1800 North State Street 6:43 p.m.' M. returned ~ragraph, third sen!enc~ ,cino an~!?~',i~ailability of power, and n ot~:ii~,~ ~i~:~::M e n d o c in o. Barnes regarding his leve/gf Lake Shasta ction to page ~,~,?~'~th paragraph, first h ~ised that at the March with the American Red ) May 15t' meeting." g. Councilme~ber~:~i ~ Bald~i~ ~:~recommende~~:,~,~ ~.~.~:~:,,~,~::~:~;~':~i~ecti°n to page 4, sixth paragraph, first sentenceii$e?read, "Rick Ei~ero, Redwood ~!!~' submitted a letter to theCouncil that was addre~ ~ the ............. Wate~ ~i~i:rict.,, sentence to reai a correction to page 12, fifth paragraph, last Ukiah Police Officers Association has challenged the Mendocino City ci~E~?~!~,lvila in, to who led Pledge of Allegiance at the April 17, 2002 g m eeti n . Mayor Ashi~ advised that he led the pledge. Smi' approving the Regular Meeting Minutes of April 17, 2002, as by the following roll call vote: AYES' Councilmembers Larson, Smith, and Mayor Ashiku. NOES' None. ABSENT: None. ABSTAIN' None. Regular City C'ouncil Meeting May 1,2002 Page 2 of 14 5. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. 6. CONSENT CALENDAR M/S Larson/Smith approving items a through h of the Consent Calendar as a. Received Report of Disposition of Surplused Materials, Used Equipment b. Adoption of Ordinance No. 1037 Rezoning Portions of Assessor Parc~ hers 003- 472-08, 003-472-13, and 003-472-14 From C-2 to C-N; c. pproved Letter of Support for Mendoc~no County Youth Project ~i~i~'nt Ap for Funds From the Family and Youth Services Bureau for a Transi~al Living p~oj~t; d. Approved Notice of Completion for Construction of Riverside Park :='~imeter Fen~ih:§! e. Awarded Bid to Mike Dunn Painting for Painting the Inte~i~=:~:Walls o~e Ukiah ciVi~ Center in the Amount of $19,220; .... f. Awarded Bid to Carpet One of Ukiah to Rem( Repla~b Carpeting at Ukiah :: Municipal Golf Course Pro Shop and Ukiah Civ in~::~be Amount of $77,988; g. Awarded Bid for Various Pad Mount Tran= in the:~:~.~unt of $60,101.84 to Various Vendors; ~;~:~:~:~:~::~ ..... h. Awarded Bid to Sangiacomo Landscape S~ices .......... Design and Installation Se~ices at Various City of Ukiah Motion carried by the following roll vote: AYES: Councilme~ ~:L~, Smith, Libby, Baldwin and Mayor Ashiku. N ABSENT: None. AB' ~?None. 7. AUDIENCE COMM S Doffy Copeland, Ukiah, adVised ti Health DepaAment Cultural Competency CommiEee w( g and Inte~enfion Community Training" on May 31, W Conference Center. 9. 9a. Co, Measur~~vember 2002 Election and Possible Le~i~~n For Local Sales Tax and Room Cit~ Council has discussed several possible ballot measures months, from the Greater Ukiah Chamber of Commerce was submiEed ~ncil this week stating that they would not suppoA a TOT increase. Sh:~eadvised that t~ ~em concerning special legislation is before Council, as a decision ~:~st ~ made by M~ ~:~:~::~esting special legislation for an increased sales tax limit along ~ ~11 the oth.~ ~ies and the County, on special legislation sponsored by AssemblY~an Virgi~:~::' Strom-Ma~in. This would allow flexibility for the Council to consider all issues for future ballot measures. Mayor Ashi~:~explained that if the legislation were approved, it would allow the Ci~ to ask ~e questi~,~f the voters at sometime in the future as to whether there should be an t x. MlS:~aldwin/Ashiku to return to Council at the first meeting in June with the proper reSblution to refer to the citizens of Ukiah for their vote at the November 2002 election to Regular City Council Meeting May 1,2002 Page 3 of 14 increase the City's Transient Occupancy Tax (TOT) from 8 to 10 % and that the resolution specify that the TOT tax shall be used solely for the following purposes: 1 ) acquisition and protection of open space in the western hills of the Ukiah valley, 2) undergrounding of utility lines to beautify the key commercial thorougl~fares of State and Perkins Streets wi~iinthe City of Ukiah, 3) shelter and other rehabilitative services for the homeles~i~::~:.~:~4) enhancement of our parks system for active sports and recreational ppo un~les. Mary Lindley and Judy Pruden, Ukiah, voiced their opposition to an in "~:~ i~;,i~es on motels Councilmember Baldwin was of the opinion that the uses specified i~:~iS motion wS~ enhance tourism in the Ukiah area. Councilmember Libby voiced her opposition to an in~§e in TOT Motion failed to pass by the following roll calL,,~ 'i AYESi"i~ncilmember Baldwinl NOES: Councilmembers Larson, Smith, Libb~ ~iii~i~?:Mayor ~i~i~u. ABSENT: None. ABSTAIN' None. Discussion followed with regard to consideration of a sp~ci'~ ~est to ~embl~oman Virginia Strom-Ma~in for legislatioQ~:~:~o increase the City s sal~::~:~Ji M/S Smith/Larson approving~~?~:~~?~ ~~oman Virgini~:~:~-Ma~in requesting that the City of Ukiah is i~::d~ith t~:~:~:~~ ~:endocind?:~:~'ounty jurisdictions in Assembl~oman Strom-Ma~n's s~ial legisl~?~ Councilmember Libby advised that:::~e ~:~ not su~ the motion or an increase in sales t~ because~~ a rural comm:~ the cost ofii:Ving is high, the local economy is down, and the?~:?~~~ome is mode'~ to 19::~. Counci~]~bers Lars~ ~nd Smith, an~ ~0r Ashiku concurred that the City should take ~ge of the ~uDity to pa~id~e in this special legislation. There may be a nee~?~:r it::~:~:~ ~e:.futu[~ ~~ ~ ~e citizens an oppo~unity to vote on the issue at that time. '~::~? ........................ Imember 'n ~ of the opinion that we need to find another way in which to pro' taxes . Motion c:~ by th~.~dllowing roll call vote: AYES: Councilmembers Larson, Smith, Baldwin, an:~ayor Ashiku. NOES: Councilmember Libby. ABSENT: None. ABSTAIN: pu.. lc HEARING ~°val of Application to Demolish a Structure Over 50 years Old Located at : ~:~: ::~?:~?~6 South State Street Ple~?i~g Director Stump advised that the owner of the prope~y located at 1346 South state Street has applied for a Demolition Permit to demolish the single-family residence Regular Ci~ Council Meeting May 1,2002 Page 4 of 14 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,~::i~ iike to use it as a test burn. Public Hearing Opened: 7:08 p.m. No one came forward to address Council. P u bi i c H e a r i n g C I o sad' 7: 08 p.m. M/S Libby/Smith approving the Demolition Permit for the st[~[e Iocat~=~ ~t 1346 State Street based on the finding that the structure does n,~i~==~ii~i~orical Or architectural significance; carried by the following roll call vote: AYE~i~ ~'Uncil~'~bers Larson, Smith,~= Libby, Baldwin and Mayor Ashiku. NOES: None....AB~T: None.~ .~ ABSTAIN: None. project $10,000 detailed 8b. Discussion of the Planning Permi~'~'~ Fee''::'~?~i~ili ~ ?:~nd::::::'birection to Staff Concerning Possible Modifications to Fee Sc~~' e Planning Director Stump advised that staff recently pre~~:,:~.a P/an~,~g Perm/t Fee Study to determine how much it would cost for the City t~::~:~::~i!iii~es.si:~iii~ious planning permits, and to compare our fe~ii~ii~~ charged by other n~'~i~ ~i~i~'Sdictions for the same basic se~ices. The last~?~~~e::[e studied was in:~~, at which time the City Council adopted a Resei~n~'~ising t~'~~::::;~ecoup appr~:~ately 75% of the cost of processing the permits. ~:taff's ~'~:.earch indi~ ~;et~.~t~e City of Ukiah's fees are generally less than all su~eyed juris~i.on~¢~;;~;,~?~'itiona:ii~~ ~ny jurisdictions charge fees for other planning and zoning se~ice~h~~ time coCa'ming for staff. Councilme~~ ~?~;,,~¢uppo~ed S{~ prg~osal on fees to be lower for projects involving 'able ho~. He also diS~:~¢~',~he maEer of fees for second units and propos~;;~t the projeCt'ct be treated ~ ~;~ajor Use Permit. Disc~io~ :~bi!D~ed ~~~ ~b!e ~rmit fees as a penalty for those projects that had not obtained ~ ~~:~ permit~ :~i¢~::~:~?:~"~tading construction. The appeal process was also discussed. U g b;?~~iimember Baldwin, Mr. Stump discussed the Hull-Piffero d the. ~6nmental study for that project cost the City approximately time?~:~ went on to explain how the community is requiring a more for environmental studies and that the cost of the study in staff time, depends on ~e project. '; :.'?,i;;?; ;; ~Discussio.~i'~?~,i~ntinued with regard to establishing a fee structure for various types of was also a brief discussion with regard to whether an appeal fee could be ing 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. Beltrami, Ukiah, spoke on behalf of the Mendocino County Employer's Al explained that the Employer's Council met two weeks ago and adopted a poS~i~ on matter. He felt the proposed fee increase is too high and that citizens should:,::~e 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 pro~l¥ as oU~!ii~ in the Si~ report. Topics discussed were the steps/levels review; providing~:: technology, such as access to a data base, for the pub[i~ ~?~ondU'::~?:~heir own research of: projects with the aid of a computer at the counter in th~ ~;ianning Department; costs for an EIR; the amount of staff time working on projects t~ ~ontain c6~!~x EIR documents; the importance of preapplication reviews, possibly ~i~ ~ees for::~,~~g businesses to the community, and the importance of defining wh~::'is c~i~e:~?i~ff°::~able housing. Councilmember Baldwin was of the opinion that the::~':?:~:~S,~propos~ by Staff are reasonable and he supports 75% recouping costs. Councilmember Libby was g some ofthi~:"¥ees. She does not support any fee for appeals,'~~ of th~~, Councilmember Smith was not suP~ive.:9~:s for,a He recommended Council be provided with a comparison of actu~ili !?~¥~r all sE.n Although he did not approve of doubling fees,:~,~,::,,~ili?,~ supportive of~:::~i~'asing some'~':::fees. Councilm~'~r LarS~ifelt that Coun~i ~.~i~ provide direction to staff as to what percent~':~?~f fees the ~ should charg~ ~':?i?~evelopers and making an exception for proportionat~::io the amount of effort displayed by staff. He felt that preapplications should be based on ~ dollar amount and that an hourly rate is appropriate because it forces the developer t~ ~ efficient. :'~:::::':::~i;;i~,,=nc,i]~ber Baldwin was of the opinion that there should be more public scrutiny and s{, ?:'~he need for land use planning and the future quality of life in Ukiah. He was su:~ive of recouping the fees at 75% of the cost of processing the permits. Regular City Council Meeting May 1,2002 Page 6 of 14 Councilmember Smith supported no increase on the appeal process and that an 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 recouping fees at 75% is a good start, was supportive of affordable housing ~d s~'~ projects, and supported a more aggressive policy for infractions. Councilmember Libby voiced her opposition to doubling some of the:~::::,' was ~~rtive of a small or reasonable increase in the levels as noted in Table 2, :'::~iii~did not s~::~,.a fee for appeals. She also felt a process needs to be developed~:with re~:~o penalti~ repeat offenders and their intentions need to be considered~:~, Staff will return with more information for Council's co.B~is~'ration 8~ the matter of fees. 8c. Public Hearing to Consider Close Out ~i=~~unity B~i~Pment Block Grant #99-STBG-1391, Ukiah Community C~"~ter '::~':~:~:~ii?~':?~ ,? ....... Risk Manager/Budget Officer Harris advised that the==~"'~=~munity Development Block Grant (CDBG) program provides federal funding through t'~ ~te of California Housing and Community Development De trtment (HCD). The City d the grant of $352,000 in October 1999 to Community Center (UCC) w~ The purchase was com funds, including a portion of the work phase, completed by the p operty and bulldi!',Bg::?::::Which the Ukiah on site impr '~nts as necessary. $317,90~? The remaining grant g through the base 31. Public Hearing;:Q : 8:20 p.m. Jan Moorei~:~irman ~ ~e Ukiah Com~ii~y:~nter, advised that UCC is grateful to the City Co~f and the gra~ ~as made a diffUSaire in the services they provide the public, M/S Baldwin/~;'~,,determining the accomplishments of grant #99-STBG-1391, Ukiah ~nity cent~ii~e b~¢n satisfactorily presented to the public; carried by the f°i'l~'8~ii[OII call vote?~E~i;:iii~ouncilmembers Larson, Smith, Libby, Baldwin and Mayor Ashiku: ':;::~ES: None. ~?'ENT: None. ABSTAIN: None. 10a. Rep~ to Council Concerning the Execution of a Consultant Contract in the Amo¢~ of $9,950 to Alta Transportation Consulting to Prepare Grant - Al~D!i~tions for Implementing the Master Bicycle and Pedestrian Plan i~lanning~!~6ctor Stump advised that in March 2001, the City Council authorized staff to :"~:?~i?~':~pd :~i~,ii~ion of the Kmart Air Quality Mitigation Fund to hire a consultant to prepare g:~?,i~'jications for implementing the Master Bicycle and Pedestrian Plan. During the bud~ 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 Regular City Council Meeting May 1,2002 Page 7 of 14 working with the City to secure grants, and who authored the Implementation and Financing chapter in the Bicycle and Pedestrian Plan. Consensus of Council was to receive the Report. 10, NEW BUSINESS lOb. Receipt of Investment Oversight Committee Recommendati{ Contract for City Banking Services' City Treasurer Carter advised that the City Council directed the ht Committee (lOC) to review the proposals for banking servicingS?ii,nd to s bm~a recommendation to them. The lOC met on March 21 and, following an:.o~Ve~iew by listened to presentations from the four respondents to the RF:,~i After reVi~i~ng addition~i information, the lOC determined that Wells Fargg::~:::=~.::i::'~::::,~I~, .... ~nd Union Bank of, California/Humboldt Bank offered not only the widest r~i~::'of se~i~es, but also the most:: ~ flexibility with core se~ices. He discussed the vario~~ice~offered by these bankin~ institutions. .::~::~::?~?:~ ~' ~ ~:;~:~ ~ ~:??:~ ::.~ Councilmember Smith and Mayor Ashiku eX~i~ine:~:;~t?~:~?~at:~:~ the lOC commiEee and supposed the recommendation. Councilmember S~ noted that he had interest in t~ing to make sure that a local bank was given strong co s~[~t~on andthey were. All banks were asked specific questigns relative to se~ices ~;?~affe~ ~?review of the responses, the proposed recom~~t~e::~ was developed. ~ ::~:?:: M/S Baldwin/Ashiku to a~"~[:'~:~0ntr;::;~~~g se~ice~ ~r the City of Ukiah to Councdmember Libby ~nqu~red ~f the:~G~y:~?~!S~:~Suying onty~eeded banking se~ices and if it were swayed by thesese~ices that ar~ ~i' needed at ~his time. Mayor AsbiE~?~;XPlain~;~at::~. _ :.::::::: the lOC Io~:=~hat the City's present and future needs are and:::~{ se~ices th~ ?arious banks 0 ~. It was significant to the commiEee that ce~ai~ ~~es that w~ t~e~ered by S:0~"~::::~anks would mean that the City may have to hire ~":~iti~l~?~erso~i~~~ ?:did not want to put an increased demand on the Finance DeP~:~~~ove an'~:::=~~' the sewices provided by the banking institution. M~t!e~ carried b~:~:.~e following roll call vote: AYES: Councilmembers Larson, Smith, ~!~win and M;~:~[~::iku. NOES: None. ABSENT: None. ABSTAIN: None. Reconven~8:46 p.m. lO. NE~~SlNESS ~?~!0c. Dis~sion and Possible Action to Change the 1995 Imposed 4/5 Vote ::::::::::::::::::::: :R~irement to a Simple Majority (Ordinance 1034, Section 1200)- ~:~ :~:~:u ncilmember Libby . Ce~lmember Libby discussed her leEer to the City Council that was included in the CObncil packet. She requested Council consider changing the four-fifths vote to a simple Regular Ci~ Council Meeting May 1,2002 Page 8 of 14 democratic majority vote that is used in deciding all other City issues and City business. She requested a fair and reasonable change to the Ordinance in the rare and isolated instances a change is deemed necessary by the Council majority, a four to one vote requirement could bring politics and cronyism into the picture and would tie the h~ of the Council to govern in an orderly way. Councilmember Baldwin presented several questions to Councilmemb~,~','Dbby wit regard to her proposal. Councilmember Smith voiced his supportive of the recommendati6~':!:, action can take place with or without cause and cou!~i~Politic~!, It was his opinion that if Council were to remove someone, they should ii~e reas~ ~/..Qr taking that action. Mayor Ashiku expressed his concern with :~e a~pti~:'tha~:it would take three Councilmembers to remove someone from a committeei:'::'~'~ ~lso expressed concern with a simple majority and inquired of the City A~orney concern':i~?:~e ma~e~,: City Afforney Rappo~ provide~~=~b:.isto~ and the ration~i~ ~ ~:~: City's previous Council's actions regarding '~~~~~,. :?:;~:~: ~::~?~? Discussion continued regar~g th~~er .... ~:~:~?~?~?~?~ ~ Judy Pruden, Ukiah, opinion that the: ........................ process::~n be a negative experience and needs to be app[ d cautiously, i'rged Council to continue use of the four-fifths Mary ~ ......................... Ukiah, co~rred Councilm~~:'Libby's recommendation and suggested the ~ ~ be revis~ ~ "a simgl~?~jority of the elected five member Council" Councilm, .... ::~:~::~::~::~:~::~:~:~::~ ...... state~~?~::hearing the comments presented by Council and staff, he would liE~:.~o go on record that he wishes to change his original statement and that Councilme~er Libby reiterated that she feels strongly that a simple elected majority is ~hars neea . She also noted that providing a reason for removal of an individual on a Id prove difficult. She is requesting a simple, majority vote, such as a three member vote. She noted that all five Councilmembers would need to be in otherwise it couldn't proceed. Regular City Council Meeting May 1,2002 Page 9 of 14 Councilmember Larson advised that there'is no evidence that the current standard has been a hindrance. He inquired of the City Attorney with regard to "with or without cause upon a motion of any Councilmember and a four-fifth's vote of the City Council", and if there are only three members present and they all voted to remove an individuai~,~Would that be legal? City Attorney Rapport advised that it was intended to mean that a four-fiffh!!~?~Ote means~ four votes of Council. Ron Libby, Ukiah, was of the opinion that the real issue concer~?=~?,!i~hat "the ~ii!i ~d pleasure of the Council" means. Mayor Ashiku explained that the gravity of removing som~:'~:f~:~ committee demands great deliberation and that the Ordinance should rem~i~::?~:' written?'' No action was taken on this item 10, NEW B U SIN ES S ,ivin_ ncrease Ci ¢ ci rner. er Salaries City Manager Horsley advised that ~overnment Code-§3~§~,i?,provides::~the City Council with the ability to increase Councilm.ember salaries effective a~i~::ele~. The existing ordinance must be amended to. ~?~,Cost-of-living increase~::::~ ~ceed an amount equal to five percent for each ~~!~~he operative date last cost-of-living adjustment. ::?:? ..... M/~ Baldwin/Lar~on to increase ~ncil::~]~ ~ia~ b~ ~::'~:provide a $50 stipend to Planning Commissioners, and direct ~::~ ~urn to G~:~:~il at the ne~ meeting with the Ma~ Lin~?:?:~kiah, ~d her suppo~:~.~'Crease in Council's salad, considering the amQ~f time speni~ Councilmemb~:~ issues concerning the community. income statU~;i~:~:~i~'ipate in'~:~:~:~;~::ent and offset some of the expenses associated with the positi°::~:~ supposed more than a 1% increas~ in Council s sala~ and felt a ~~:: should be::~idered, separately from the Council s salad. Mayor :~~:u was of t6~::~ion that the issue of a stipend be considered separately from :::::::::::::::::::::::::: :: ..................... Motion fail,]:lo pa~ by the following roll call vote: AY~: Councilmembers Larson and Baldwin. ~ES: Councilmembers Smith, Libby, and Mayor Ashiku. ABSENT: None. :~::~::~:~:':'::~::~k~/Baldwi~ directing staff to prepare an Ordinance increasing the City Council sa!~y 1 ~ for year 1 and year 2. Regular City Council Meeting May 1,2002 Page 10 of 14 Councilmember Libby felt Council is not serving the City because of the money but rather for public service. She stated that the reason she is voting "no" on the motion is not to criticize or that she has a disagreement with fellow Councilmembers who may be inclined to vote differently than her. Councilmember Larson stated that without the stipend he could not affordtO~:~e~e a§~ Councilmember and provide the time that fie gives to the position. He~e~ ~:estipend allows him to serve and he would like to leave the door open to other peo~i~i?~¥~iii~Jncome" means. Motion carried by the following roll call vote: A¥~i:?:,~Councj.!members Larson, Smithi Baldwin, and Mayor Ashiku. NOES: Councilme~i~ ~ibby. A~NT: None. ABSTAIN: City Manager Horsley advised that there is a need to ~::~ii~~ the matter concerning the Fire Unit in Closed Session. 10f. C~i~nd ~~i:~'~ii~:i~i~iiii?~i~ ~Resplution Approving:: Memorandum of Understandin~ For ~'1 aar'~::~i~U~jt- P01id~:~b~it M/S Larson/Smith-adop~::~:~g- ~luti0n.:::~~~? ~D~roving Memorandum of Understanding for the Fire Unit for t~erm.~~tober'":~ ~:3 - September 30, 2007. Councilmembe[::~ win explained ~?~e would li~ to see Consumer Price Index information w~~ ncil discusse~larie~. Motion:~~d by the foli~ing roll call vote~'~::S: Councilmembers Larson, Smith, Libby, Bald~i~:~:Mayor AS~,~NOES: N~D~?~BSENT: None. ABSTAIN: None. Councilmemb~} on repoAed unending the Main Street Program s reception and also ~~:mber of C~D~[ce ~er at Shodaki. He aEended the McCovey Awards Dinner in Wii:ii~ honored I~i~~eers. He was asked to read a resolution in suppoA of local volunt~:~; but inste~::~ gave a brief speech on behalf of the City and Council honoring ~ ~oluntee~??:~e will be going to the Redwood Empire Division meeting of the League of California Cities on May 11~' at Benbow Inn. Councilme~:~er Smith repoAed that he also aEended the Main Street Program's ?~[~ception~::~oring volunteers. The volunteers were recognized and presented with ::::?:~fic ~?~:~nd the new officers were installed. Kathy Fowler is the new president and D::~~:r~ is the new vice-president. He a~ended the NCPA meeting in Lodi on April 25 a~~ one agenda item that was of major interest was pulled from the agenda. The item concerned the seElement among pooling members in which the City would benefit about Regular City Council Meeting May 1,2002 Page 11 of 14 $559,000. He went on to explain the situation. Councilmember Libby reported that she attended the last Chamber of Commerce meeting in which the County Planning Department provided a presentation :~QO the proposed redevelopment. She has maps concerning their redevelopment for Council. From her perspective, it kind of nixes any annexation to the south,~:: nort~ 6f the City Limits She reported that in April, there was a news article that gave incorre~ i~termai=='i==~ ~n the relationship between the Recreation Center and the California End~9~nt. AIs°,='~e City's Web Site, "the December 19, 2001 minutes do not refl~ct the d~tion that~= made and so the California Endowment is concerned that ~=~gg impr~ion has be~ given to the public. The impression is that t~e Recreatio~=~~:~Was assured that they would get a grant from the California Endowment and?~=~Was nOfthe case at all." She~ read a le~er that was sent to her from the Recreatio~??~er's ~ecutive Director, Deborah~ Mead and read the points of the leEer for the rece~=~ ~:.~ ~ :.~:.~::~ ~:.~::~:~:.~:~:: :.~::~::~ ~[ :~ ~:. ::~: ::~: [~:.~ ~[ ::~ ~ ~ :.~ ~ :.~ :: ~[ ~:.~:.~ :: "The Uk~ah' Valley Cultural and Recreational' Center:'~:::~;~?~?:~?:/:~ ~:~:~?~:?:~?~??:~:~S~rece~ved ...... any assurance of funding from the California Endowment. The Rec Cent~ ~:S indeed plan to submit an application for funding in July. The Rec Center's goal i:'~'~;~:;~?~';;;~:?/~[aise $250,000 from the community to include in the application as a match to th~:'?:?;;~U?~ ':'.':~he California Endowment has encouraged ~ ~8::Center to submit an :~l:i~t'i°n after raising substantial funds from other s:e~~'~'::~::~'~6~8~S~;~:~,el~ays look more: ~bly on projects that can show strong communit~6'~- thu~::~'~~t~?.~::~9 show a~?~0ng match. The Rec Center was successful in ~ising~='~=~50,000 .?~ i~g?~!~dges for the Community Development Block Grant applicatio~ ~.rom=~=~=~rst go~ ~50,000 we are moving on to the ne~ goal of $150,000 - not ju~~ Endo ~t application but also for all applications for fg~!~,~=~=.~To reiterate, t~:.~=~lifornia EndOwment has not awarded funding of any kind tO::::~:t~:~i~ ~alley Cultural~?:~d Recreational Center. When an application from the Re~ ~enter is':::'::~e~eived by the ~9~nt it will be reviewed along with all the other a~li~nts.'' ~ ~ ~ ~::~::~ She ~:u~~?~hat .~"~ ~~~ ~e:'::record to clari~ for the California Endowment exactly wher~?~::~ith this"~?~e California Endowment is concerned that there are some wrong~essions that have been given to the public because o~ information in ~ sPaper ~~:at ~ incorrect and also information on the City s Web Site in ~ ?:~:':~:'::~ ......... mi~:'~~at don t sh~he?~rrection that was directed and approved by Council. She requital that th~?~:~:::~ity Manager set an agenda item for the first meeting in June concerning:~ City's Web Site for discussion. She submiEed the leEer from Deborah Mead into th~:~ecord. ":~ ~:Council ~er Baldwin inquired as to when the issue of the emergency water ::~'~?~:~eme~::With the neighboring water districts would return to Council for consideration. Ci~:~fforney Rappo~ advised that AEorney Gary Ruthedord contacted him yesterday and advised that he had completed his research and was ready to make revisions to the Regular Ci~ Council Meeting May 1,2002 Page 1~ of 14 agreement and would email it to the City when completed. It is anticipated that the information would be provided to Council at the next meeting, or the meeting after. It also has to be distributed to the other parties involved. He advised that they will not submit the petition to the state until we know what the project is and the project is going,',:~to: be determined by the terms of the agreement. 12. CITY MANAGER/CITY CLERK/DIRECTOR REPORTS City Manager Horsley advised that Council should review the rep~ ~'~:~ ~he State Department of Health Services about water availability in the Ukiab;:=~iii~y. Y:'~':~i!l be discussed on May 4t' at the Water Forum and she provided Court'iii ~ith a cop~:~"i~f the report. She pointed out that Mr. Burton mentions in this report th~=":~?~e:=intertie Pi~$~ between the City and the other agencies are insufficient te:~:::~evide a~ ~pe of wat~ except in emergency situations. .::~::~:;~ ?:?:':~:~: She reposed that the Alex Thomas Plaza has been..,:,,~~lized~ removing a bench fro~ the concrete and placing it against the wall of the.:~~n, so th~ ~:i~iduals could climb t° the top and smash the video camera. Staff is ~~g:.the c ~::s tape. Councilmember Baldwin requested that the maEer:':;~f ~8ndalism to the Plaza be agendized for a future meeting. He expressed his concern:~:maintenan:ce costs and if the City is unable to take care of th~.. Plaza, what are the alte'~es ~ ~e site. City Manager Horsley explaiD~~(~;~(~ ~,~bas been discu~?'~t staff level and the Police Chief is actively invol~?~;~'~situati~'~~,~D~ed her fr~{::~ation that many times the vandalism occurs during"'~'he d~hen oth ~ ~ound, but no one calls the Police or does an~hing to ave~ the ~:~atio.~ ~?? ....... ~ ~ ? She reposed that:~?t~e:~?~ater Worksho~ ~ ~:~cheduled f0'r May 22nd with Sonoma County Water Ag~ncy~?~;~:~;~h:Valley Confe~e CeDter. A leEer will be sent tomorrow under the Mayor $~:~ature.' ...................................... inquired if C'~i~uld like the CARES Program to come back to:~~cil for . She explai~ ~'at staff is waiting to see the results of the full i~,~~:~he will bdn~e maEer back to Council once all information She advised thi ~docino County Child Care Planning Council announced Provider :::::::~reciation Da ed for Ma 4th She distributed the NCPA Annual Re crt to ~.~ ~ Y ~: ........... Y . p Co~ii!?.:~end it contain§?,~,~he~::,i~,M~Yor's picture. City cler~ii!~ila advi~'~::"ihat she has been granted a total of $550 in scholarships from two City cl:'~:~organizations towards training. She reported that she issued a Press Release on ~i122nd, and on a weekly basis, announcing the vacancies on the Demolition Permit Revi~?Committee. The deadline for submittal of an application is Friday, May 10th ?~t noon. he :O~Clerk s office recently received the publication "Municipal Elections in California: T~:bt, Timing, and Competition" which is available in Council's lending library. Some of the:: information contained in the publication was derived from surveying City Clerks Regular City Council Meeting May 1,2002 Page 13 of 14 throughout California. Mayor Ashiku reported that he attended a meeting of the Sonoma County Water Agency today with the City Manager and City Attorney and encouraged Council to devote?~Es.,full attention to the complex water issues. The. Water Forum scheduled for important and he stressed the importance of all Councilmembers attending t:b~:~m. thanked City Manager Horsley for taking the lead in trying to bring th:~ ]~es to the::: forefront and providing leadership to focus on this issue because elsewhere. He also commended her for keeping Council updated o~::~.i~ i:mpod~ ]~sue. · nd · ::~::~:~. · C~ty Manager Horsley repoAed that on May 2 the Flood Cootrol D~st,~:?wdl be h°l~ their board meeting and they will be talking about their mee[i~ ~:ith the"::~e. They are probably going to have public hearings concerning cu~~ ~etering' Adjourned to Closed Session at 9:58 p.m. ~:~::~:~:~;:??~?~.~:~:~ .......... a. Conference with Labor Negotiato;:~:::~C. ~:~5::~~ City Designated Representative: Candace H°~:~:City Manager Employee Organization: Fire Unit ...... :::~?~?~ ~ ~ No action taken. .................. b. Conference with ~ r~:~G.C. {54957.6 City Designated ~e~~.~'~.::~.~: a{ive:"'~::'~ ~:Horsley, C:~Manager Employee Organization: ~Blice Unit Action taken under New Business, It~::l 10, NEW BUS,SS. :~??:?:~?~?~?~:~ 0e, Consi~~::~fi~d Adoption '~?~.rReSolution Approvin~ Memorandum of Un. ::~nding '~:~?~Empl0yee a~~g Unit- Fire Uni{ City M~~r Horsley ~ained that the ..... r would be continued to another meeting. 14. ADJ OU RN M~ ~~::~being no fu~business, the City Council meeting was adjourned at 9:58 p.m. Regular City Council Meeting May 1,2002 Page 14 of 14 4a MEMO TO' Honorable Mayor and City Councilmembers FROM: City Clerk Marie Ulvila SUBJECT: City Council Meeting Minutes: May 1,2002 DATE: May 9, 2002 Every attempt will be made to distribute draft minutes of the May 1,2002 City Council meeting no later than Tuesday, May 14, 2002. Memos: CcounciI-Minutes ITEM NO. 5a. DATE: MAY 15, 2002 UKIAH REDEVELOPMENT AGENCY AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ALLOCATING HOUSING SETASIDE FUNDS, 2001/02-SPRING The Low and Moderate Income Housing Advisory Committee has completed its review and evaluation of the applications for the semi annual Housing Setaside allocation program, and has made its recommendation for funding. The basis for this program is the mandated use of 20% of the gross tax increment received annually by the Agency for Iow and moderate income housing. Four applications from three applicants were received by the May deadline for the $317,828 available. Two applications were funded through the "Emergency Fund", and thus do not have to be considered by the Agency. Each of the other two projects is described this report and the recommendation of the Committee is presented in the proposed resolution (attachment #1). The projects meet State statutes relative to expenditure of redevelopment housing monies. Funds not appropriated at this time remain in the Redevelopment Housing Setaside fund balance, adding to the resources which will be available for the Autumn allocation. Both of Emergency Fund applications approved by the Committee were from Ukiah Community Center to continue current programs: Vouchers - $3,000, and the Homeless Prevention Loan Program - $25,000. (Continued on page 2) RECOMMENDED ACTION: Adopt Resolution Allocating Housing Setaside Funds, 2001/02 Spring. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine funding amount recommended by the Low and Moderate Income Housing Advisory Committee is inappropriate, identify desired amount, and adopt revised resolution. 2. Determine funds are not to be allocated and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Low and Moderate Income Housing Setaside Progr~.r0 Michael F. Harris, Deputy Redevelopment Director Candace Horsley, Executive Director 1. Resolution for adoption, pages 1-2; 2. Applications for funding from: a. The Ford Street Project, pages 3-6; b. Rural Communities Housing Development Corporation, pages 7-20. AP P ROVE D ~_~../~ .~,"~... Candace ~or~ley, Ex-ec~ve Director ADOPTION OF RESOLUTION ALLOCATING HOUSING SETASlDE FUNDS, 2001/02 SPRING May 14, 2002 Page 2 Rural Communities Housing Development Corporation (RCHDC) submitted a "Predevelopment" funding request to complete the financial, legal, environmental, and architectural processes necessary to purchase and rehabilitate two "at risk" projects. These existing projects, Orchard Manor and Orchard Village, consisting of 112 apartments, are considered "at risk" since the current federal requirements for retention in the affordability pool are coming to a close and the owner can now sell the units and the rents could transition to market rate. The projects were originally developed in the early 1980's with Housing and Urban Development (HUD) funding under the USDA 515 program which stipulated that rental rates must be affordable to Iow and moderate income persons for at least 20 years. After that time, the restriction is lifted, allowing the project to be sold or the rental rates increased. Purchase by RCHDC would ensure these units continue to be affordable to the targeted population of Iow and moderate income persons. Not only will the 515 program guidelines be retained, but also a substantial number of the units will be eligible for federal Section 8 rental subsidies. There are several projects within the City in similar financial situations. Staff anticipates other like requests in the next few years as current owners attempt to maximize their investments or move out of the subsidized housing market. Securing these properties by appropriate entities is critical to retain this housing in the affordability pool. This action is certainly less expensive than constructing new units and will minimize the disruption of many families who might otherwise be required to relocate. The "Housing" application from The Ford Street Project is for Phase II of the construction of the proposed permanent homeless shelter at 200 Ford Street. The Agency should recall the allocation of $138,087 last December for the first phase of the project. The issue before the Committee remained the fact that the facility is not permitted yet and the property is only secured with a time sensitive purchase option. The Ford Street Project has received a $500,000 grant for property purchase with the proviso that the structure has some form of utilization within one year of purchase. The County has also committed $100,000 of its portion of the Housing Setaside for this project. Because of the lack of land use entitlements, the Committee applied two conditions to its recommendation for allocation. These conditions are stated in the resolution. Staff concurs with the Committee actions and recommends adoption of the resolution authorizing $196,000 for the 2001/02 Spring Housing Setaside Allocation. mfh:asrura02 0515ALLOC URA RESOLUTION NO. 2002- /k--~~ ¥ RESOLUTION OF THE UKIAH REDEVELOPMENT AGENCY ALLOCATING HOUSING SETASlDE FUNDS, 2001/02 SPRING WHEREAS, the Ukiah Redevelopment Agency appointed the Low and Moderate Income Housing Advisory Committee to advise the Agency regarding housing programs and the use of the 20% housing setaside fund; and WHEREAS, $317,828 of the 20% housing setaside fund are available for the 2001/02 Spring allocation; and WHEREAS, the Advisory Committee solicited and reviewed proposals for use of the setaside fund, and has recommended allocation of a total of $196,000 for 2001/02 Spring; and WHEREAS, the intended uses of these funds are consistent with State of California Community Redevelopment Law Section 33334.2, et seq. NOW, THEREFORE, the Ukiah Redevelopment Agency does hereby resolve: 1. $50,000 ofthe 2001/02-Spring 20% Low and Moderate Income Housing Setaside Fund for "Predevelopment" are allocated to Rural Communities Housing Development Corporation (RCHDC) for assistance in the acquisition and rehabilitation of two "at risk" USDA 515 projects known as Orchard Village and Orchard Manor: a. the $50,000 is a grant to be used only for direct costs (not internal staff costs) incurred by Rural Communities Housing Development Corporation forthis project; b. the project shall be solely for the use of persons meeting Housing and Urban Development (HUD) criteria for Iow and moderate income; c. a development agreement between Rural Communities Housing Development Corporation and the Redevelopment Agency shall be entered into to insure the conditions of this allocation are met; d. Rural Communities Housing Development Corporation is a viable provider of services to the targeted population; the use of the funds is immediate as RCHDC has formal commitment for ownership of the subject property, the property is general planned and zoned for such use; the existing living units will be retained for Iow and moderate income persons; and these funds are not the sole source of financial assistance for the proposed project. 2. $146,000 ofthe 2001/02-Spring 20% Low and Moderate Income Housing Setaside Fund for "Housing" are allocated to The Ford Street Project (FSP) for the URA Resolution No. 2002- Page 1 of 2 construction of a permanent homeless shelter at 200 Ford Street subject to the following conditions and understandings: a. the $146,000 is a grant to be used only for direct costs (not internal staff costs) incurred by The Ford Street Project for this project; b. the project shall be solely for the use of persons meeting Housing and Urban Development (HUD) criteria for Iow and moderate income; c. a development agreement between The Ford Street Project and the Redevelopment Agency shall be entered into to insure the conditions of this allocation are met; d. The Ford Street Project is a viable provider of services to the targeted population; new living units will be provided for Iow and moderate income persons; and these funds are not the sole source of financial assistance for the proposed project; e. These funds shall be distributed only when: 1) all necessary land use entitlements for this project (permanent homeless shelter) have been secured, and 2) a plan for ultimate development of the site, including construction and use phasing is submitted to the Redevelopment Agency. 3. The uses of all of these funds meet the requirements of California Community Redevelopment Law Section 33334.2 et seq. and are consistent with the housing needs as assessed and identified in the City of Ukiah's General Plan Housing Element. 4. These projects are consistent with the Ukiah Redevelopment Plan to provide assistance toward implementation of Iow and moderate income housing. PASSED AND ADOPTED this 15th day of May 2002, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Phillip Ashiku, Chairman Shannon Riley, Secretary mfh:resord URA2002 UPA Resolution No. 2002- Page 2 of 2 t~~ r ~ z.I RECEI¥ ~D UKIAH REDEVELOPMENT AGENCY LOW AND MODERATE INCOME HOUSING PROGRAM ~A¥ Housing xxx Application No. Pre-development Date Filed Hay 2, 2002 Amount Requested $ 146,000 Applicant's Name: Ford Street Project, Inc. Address: 139 Ford Street Ukiah, CA 95482 City State Zip Code Telephone: ( 707 ) 462-1934 Title and Brief Description of Proposed Project, Program or Use of requested funds: Stone's Throw Shelter Project - Redevelopment funds would be used to complete Phase II-A of the shelter construction project at 200 Ford Street Construction costs would inc£ude the shelter facility, including bathrooms and an office, 12 parking spaces and offlsite development. If the project is to include construction: Status of Applicant's Interest in Property: FSP has an Option to Purchase Agreement with owner, expiring 9-1-02 Address or exact location of subject property: 200 Ford STreet~ Ukiah, CA 95482 Assessor's Parcel No.: 002-093-13&19 Owner's Name Address: Tom Sadowsky 895 Maple Ave. Ukiah, CA 95482 City State Zip Code Telephone: (707) 462-6778 5 HOUSING ACTIVITIES Please complete these questions with as much specificity as possible so the Low and Moderate Income Housing Advisory Committee and the Redevelopment Agency can adequately assess your proposal's qualities. Please remember, the clearer the picture of your project you provide, the easier it will be to promptly process your application. IF YOU NEED MORE ROOM TO ANSWER ANY QUESTIONS, PLEASE ATTACH ADDITIONAL SHEETS. o XX How long will this project be retained in the pool of housing for Iow and moderate income persons? 20+ years 11+ to 20 years 11 years Please explain how this retention will be assured: This retention is a condition of the EHAP (State of California) Capital Development Loan agreement with Ford Street. Also, housing specifically for this population is the agency's mission. 2. What percent of this project's funds will be from sources other than redevelopment? 68%+ 34% to 67% xx 1% to 33% Please explain what other sources will be utilized, their amounts/percentages, and if these funds have yet been committed. If purchase of the land ($500,000) is considered a part of this project, then the percentage will increase to lcvel 2. Also, phases 2-B, 3 and 4 of the overall project will come from other than local (Redevelopment) funding. , Are you requesting a grant or a loan from the Redevelopment Agency? Market rate loan Low interest loan Deferred payment loan Grant Please explain the details of your request including payback schedule and amounts, rate of interest, length of deferment, etc.: This project is a shelter and, as such, is unable to collect rents with which to service debt. At present, the property d~es have rental income ($1,300 per month)) but their life i8 not predictable and no reliable proforma can be developed from them. . What type of project or program do you propose? New construction Acquisition of existing structure(s) Rental subsidy for existing units Rehabilitation of existing units Facility operation Please explain number of units proposed, dwelling unit type, location (if applicable), type of assistance program, etc. 60 - 64 bed shelter for families and homeless individuals' o xx What percent of the median Mendocino County income level, as defined by HUD and HCD (see cover sheet), will this project serve? ~Very Iow -less than 50% Lower- 50% to 80% Moderate - 80% to 120% Please explain what assurances you have that these levels will be met and maintained for the life of the project or program: Th~ nnn,,l~{nn Ho{~n~e PnrH q~ro=~'o primary m~oo~=. ~ providc hcuging treatment and related services for the indigent families and individuals of Mendocino Coupty. . xx What length of occupancy will this project provide? Long-term housing ~Transitional (six months to two years, no first or last month's rent) Emergency housing (one night to six months) Please explain specifics of the proposal regarding how the project is to be implemented: Property at 200 Ford Street to be purchased by July 1, bid process to bezin immediately; construction to commence by September 1. nccupance of shelter scheduled for 1-1-03, or sooner, if possible. o What type of occupancy is being proposed? Rental Neither of these is being proposed for this project. Home ownership Occupancy will not be determined by ability to pay. Please explain how and by whom assistance is provided, what is long term association with potential owners, is the housing publicly or privately owned, etc: Assistance will be provided through a coalition of agencies in connection with . the provision of shelter. Property will be owned by Ford Street Project, Inc. a~non-~rofit corporation. Please describe your previous experience in providing Iow and moderate income 7 housing, including any previous redevelopment experience and any previous setaside allocations you received from the Ukiah Redevelopment Agency. in,pr vidin Ford Street has 20 years of experience~.~ t~e typ~ of housing described in the application. The agency has been providing transitional housing since 1988 and permanent housing since 1996. To provide its housinz, Ford STreet has been utilizing R ....... F ....... funds successf'''~ ~- u--y $1Ll~ I~' 9. Please describe your capability to maintain long-term administration/maintenance responsibility over the proposed project. Ford Street has successfdlly administered and maintained projects similar to the one described in this application. Exam- ples are the Garden Court Apartments, operating since 1996, the Waugh Lane Apartments, operatmng smnce 1988, and all of the units and the Guest House at its main location at 139 For~ Street. 10. Please provide any other pertinent information regarding the proposal: This is the same proposal (essentially) that was placed before the Low/Moderate Income Committee in the last application cycle, with some important changes. Inability to secure CDBG funding has necessitated somewhat more extensive construction in the Phase II-A, for which we are requesting funding. Bathrooms, originally planned for ~{~S~e~ ...... ~==,, ..,~ ~ =~,~o ,~,,,~L~ il-A, .inc~a~ing the .overa.l~ cps$ Co $408,743. has ~263,000 commEtted to the prooect an~ ms requesnmng nne Da±ance. 1 ~. Please include on separate sheets a detailed financial proforma of the proposed project/program from initial startup through completion to the fifth year of operation. I certify that the responses made above, together with any attachments hereto, are true and correct to the best of my information and belief. Executed this 2nd day of May ~ ,200:~__. _ Signature of Property Owner Sign~ture o~Applicant /J ~ v MAIL DIRECTION FORM To facilitate proper handling of this application, please indicate the names and addresses of individuals to whom you wish correspondence mailed: 1. NAME ADDRESS CITY STATE ZIP CODE TELEPHONE 2. NAME ADDRESS CITY STATE ZIP CODE TELEPHONE It is the applicant's responsibility to advise the Redevelopment Agency of any changes to this list. Again we thank you for your interest in assisting us meet our housing goals. Rural Communities Housing Development Corooration 237 E. Gobbi St. May 1, 2002 Ukiah, California 95482 (707) 463-1975 Fax (707) 463-2252 RECEIVEDI BY' '/~ !J4]~ Mr. Mike Harris Deputy Redevelopment Director City of Ukiah 300 Seminary Ave. Ukiah, CA. 954482 Dear Mr. Harris: Attached is our application for $50,000 in predevelopment funds for the acquisition and rehabilitation of Orchard Manor and Orchard Village. These funds will be used to cover costs associated with the purchase of these projects, such as legal, environmental, the architect, a financial consultant, and the costs associated with securing an option. These are at risk projects. This means that the current owners have fulfilled their contractual obligation with the government by maintaining these projects as affordable for the required twenty-year period; and now they can either convert them to market rate units or sell them to a non-profit housing group (like RCHDC). The owner's representative has approached RCHDC about purchasing these projects, and we are currently negotiating a purchase agreement. Our agency believes that these units need to be preserved as affordable housing for the long term. The two projects provide affordable housing to a large number of households in Ukiah, 112 to be exact, and their loss to the pool of affordable housing would aggravate an already acute housing crisis that exists in our community. It is RCHDC's intention to maintain these as affordable for the useful life of the buildings. In order to do this RCHDC needs support from the City's Redevelopment Agency. Our total estimate on predevelopment costs for these projects is approximately $125,000 to get us to loan closing. It is our intention to pursue monies from other sources in order to be prepared to complete all of the necessary predevelopment work, but it may be necessary to return in the future with a request for additional predevelopment funds. I don't know for sure how much we will need to complete the acquisition. Once we do know I will be returning to you over the next twelve months and may be asking for up to $400,000 from the City Redevelopment fund to complete the acquisition. RCHDC is working with a financing consultant who is assisting us in developing financing options for completing this acquisition. Once we get the results we will share them with the committee. Thank you for your attention to our request for predevelopment funds. Duane Hill Executive Director UKIAH REDEVELOPMENT AGENCY LOW AND MODERATE INCOME HOUSING PROGRAM APPLICATION FOR ANNUAL FUNDING COMPETITION--2001102 Spring Housing Application No. Pre-development X Date Filed May 2, 2002 Amount Requested $ 50,000 Applicant's Name: Rural Communities Housin~ Development Corporation Address: 237 East Gobbi St Ukiah CA 95482 City State Zip Code Telephone: ( 707 ) 463-1975 Title and Brief Description of Proposed Project, Program or Use of requested funds: RCHDC is requesting these funds in order to assist us in the acquisition and rehabilitation of two USDA 515 projects in danger of being converted to market rate. We intend to retain the Orchard Villaqe and Orchard Manor properties in the pool of affordable housing. If the project is to include construction: Status of Applicant's Interest in Property: currently in negotiations Address or exact location of subject property: Orchard Village - 548 Ford Street, Ukiah CA 95482 Orchard Manor - 601 N. Orchard Ave. Ukiah, CA 95482 Assessor's Parcel No.' Orchard Villa~le 002-101-08 / Orchard Manor 002-138-4 Owner's Name: Orchard Villacje & Orchard Manor (L.P.) K.W. Hunt (G.P.) Address: o~ r~,,~. Dr ~"""~'~'"'~'*" C,~, 95825 City State Zip Code Telephone: PRE-DEVELOPMENT ACTIVITIES Please complete these questions with as much specificity as possible so the Low and Moderate Income Housing Advisory Committee and the Redevelopment Agency can adequately assess your proposal's qualities. Please remember, the clearer the picture of your project you provide, the easier it will be to promptly process your application. IF YOU NEED MORE ROOM TO ANSWER ANY QUESTIONS, PLEASE ATTACH ADDITIONAL SHEETS. . X What percent of the total amount of funds to be expended in this effort will be from sources other than redevelopment? 68%+ 34% to 67% 1% to 33% Please explain what other sources will be utilized, their amounts/percentages, and if these funds have yet been committed. These are the sources for acquisition and rehabiltation. Tax-Exempt Bonds & 4% LIHTC ~_, 55% / FHLB AHP ~ 5% / City of Ukiah Redevelopment Funds ~ 10% / assumption of USDA515 Loan ~ 30% (sources listed are not yet committed.) . X Are you requesting a grant or a loan from the Redevelopment Agency? Market rate loan Low interest loan Deferred payment loan Grant Please explain the details of your request including pay-back schedule and amounts, rate of interest, length of deferment, etc.: N/A . X X What type of project are the use of these funds associated with? New construction Acquisition of existing structure(s) Rental subsidy for existing units ~Rehabilitation of existing units Non-construction program assistance Please explain number of units proposed, dwelling unit type, location (if applicable), type -tO- of assistance program, etc. Between the two proiects, there are:. thirty-eight 1 bedroom units, sixty 2 bedroom units, and fourteen 3 bedroom units. The proiects are at (Orchard Village) 548 Ford Street Ukiah, CA 95482 and (Orchard Manor) 601 N. Orchard Ave Ukiah, CA 95482. All of the Orchard Village Apartments are Section 8 Units. 41 of 64 units at Orchard manor are Section 8 units (three lbr/thirty-six 2br/three 3 br.) Both projects are USDA 515 projects. . X What is the income level (percent of median County income [$41,500 for a family of four]) of the target population you wish to address with these funds? Very Iow - less than 50% of the County median ~Lower - 50% to 80% of the County median Moderate - 80% to 120% of the County median Please explain what assurances you would have that these levels will be met and maintained: Both projects will continue to operate under USDA 515 restrictions and guidelines. In addition, 79% of the units operate under Section 8 restrictions and guidelines. o What is the length of occupancy which might be developed with the use of these funds? Long-term housing Transitional (six months to two years, no first or last month's rent) Emergency housing (one night to six months) Please explain how these funds may result in an eligible project: This is an acquisition / preservation project. . Please describe your previous experience in providing or addressing Iow and moderate income housing, including any previous redevelopment experience and any previous setaside allocations you have received from the Ukiah Redevelopment Agency. Please see Exhibit A . Please describe your capability to complete the effort you are proposing with the funds requested: Please see Exhibit B .-- tt - 8. Please provide any other pertinent information regarding the proposal: Please see Exhibit C 9. Please include on separate sheets a detailed financial proforma of the proposed project/program from initial startup through completion to the fifth year of operation. Please see Exhibit D I certify that the responses made above, together with any attachments hereto, are true and correct to the best of my information and belief. Executed this 2nd day of May Signature of Property Owner ,200.2? _. Signa~"ture of Applicant--- MAIL DIRECTION FORM To facilitate proper handling of this application, please indicate the names and addresses of individuals to whom you wish correspondence mailed: 1. NAME Tom MonPere ADDRESS 237 East Gobbi Street CITY Ukiah STATE CA TELEPHONE (707)463-1975 x12 ZIP CODE 95482 2. NAME ADDRESS CITY TELEPHONE STATE ZIP CODE It is the applicant's responsibility to advise the Redevelopment Agency of any changes to this list. Again we thank you for your interest in assisting us meet our housing goals. mfh:housing/hou02 SPRINGAPPLICATION EXHIBIT A RCHDC AND UKIAH REDEVELOPMENT FUNDING RCHDC received $30,000 from the City of Ukiah Redevelopment Agency in 1991 to assist with the development and construction of the Jack Simpson Apartments on Bush and Low Gap. This was a senior housing project with 30 units. This money was a Iow interest loan and is being repaid to the City over a period of 30 years. In 1993 RCHDC received $45,600 in redevelopment funds to assist families to qualify for the Self-Help housing by providing additional financing. Some of these monies were used for very Iow-income families in the Brookside Self-Help project, as well as four families in the Cleveland Lane proiect. RCHDC received $8,000 in redevelopment funds in 1993 for the Cleveland Lane project. These monies were used to cover some predevelopment costs connected with the Cleveland Lane Self-Help project. To date the City of Ukiah has committed $36,500 in redevelopment funds for predevelopment costs related to the Mulberry St. project. Also, approximately $215,200 in housing activities funds has been committed to the project. In addition, the City loaned $106,000 in Community Development Program Income funds for this project, and $65,000 has been repaid to the city leaving a balance of $41,000. RCHDC made a payment of $100,000 to the City in March, 2002 thereby reducing the balance owed on these loans. The City Redevelopment Agency has loaned $12,000 in predevelopment funds and $$79,800 in housing funds to the Gibson Court project. Another $38,500 was allocated to this project in Spring, 2000 from housing funds. In the Fall, 2001 round the loan of $79,800 was converted to a grant. The City Redevelopment Agency granted $18,000 in predevelopment funds, and $150,000 in housing funds to the N. Pine St. project from the Spring, 1998 allocation. In the Fall, 2001 round an additional grant of $42,818 was made to this project. EXHIBIT B RCHDC'S RESPONSIBILITY OVER THE PROJECT Rural Communities Housing Development Corporation (RCHDC) was officially incorporated as a charitable non-profit corporation in November, 1975. The corporation was initially developed and staffed by North Coast Opportunities (NCO) the local community action agency. NCO recognized the need for housing for Iow income persons, as well as the need for a single purpose housing development corporation to address the problem. NCO continued to support RCHDC financially and administratively until January 1, 1983. RCHDC has operated independent of NCO since that time. RCHDC's mission is to "provide decent, affordable housing to Iow and moderate income persons". Initially, this involved producing rental-housing units for Iow income families, and Iow income elderly. In 1980 it expanded into operating the Self-Help housing program serving Lake, Mendocino, and Humboldt Counties. The Board of Directors consists of nine members who reside in either Lake or Mendocino Counties. Each board member is familiar with the communities where RCHDC operates, as well as possessing specific relevant skills. These include housing construction, financing, real estate, housing development, and other related areas. The Board of Directors hire the Executive Director of the agency and oversee his performance. They also participate in the hiring of other management personnel within the organization, such as Property Manager, Fiscal Officer, Self-Help Manager, etc.. They meet monthly at different projects, and oversee the finances and the performance of the agency. RCHDC owns and manages over 600 units of multi-family housing. It also manages another 200 units for other non-profits in Northern California and Northern Nevada. RCHDC has the capability to maintain long-term administration/maintenance responsibility over the proposed project. EXHIBIT C ORCHARD VILLAGE I ORCHARD MANOR 515 PRESERVATION PROJECT DESCRIPTION: This is a one hundred-twelve (112) unit multi-family project to serve lower-income families located in the City of Ukiah. The project consists of thirty-eight (38) one- bedroom units, sixty (60) two-bedroom units, and fourteen (14) three-bedroom units. All of the units will be occupied by lower-income families. Rural Communities Housing Development Corporation will handle the acquisition, rehabilitation, and property management. Projected financing for this project will come from a variety of sources. These sources include tax-exempt bonds, 4% Low-Income Housing Tax Credits, Federal Home Loan Bank AHP, City of Ukiah Redevelopment Funds, and assumption of the USDA 515 Loan. INCOME Tenants Subsidies Total Rental Income Less 3% Vacancy Adjusted Rental Income Grants/Loans Existing USDA 515 FHLB / AHP Tax Exempt Bonds / 4% LIHTC Ukiah Redevelopment Grant Neighborhood Capital Corp EXHIBIT D Orchard Village Proforma - RCHDC Year 1 Pm-Dev Year 2 Year 3 Rehab / Operatior Operation $ 257,880 $ 263,038 $ 110,520 $ 112,730 $ 368,400 $ 375,768 $ 11,052 $ 11,273 $ 357,348 $ 364,495 $ 21,750 * $ 30,000 * $ 1,199,941 * $ 135,300 * $ 1,250,000 * Year 4 Operation $ 268,299 $ 114,985 $ 383,283 $ 11,499 $ 371,785 Total Income Other Income Net Income EXPENSES Contract Pdce Rehabilitation Maintenance Grounds Utilities Insurance Personnel Developer Fee Real Estate Taxes Management Fee Other Debt Service Total Expenses Net Operating Income Replacement Reserves $ 51,750 $ 51,750 $ 51,750 $ 2,942,589 $ 364,495 $ 371,785 $ 6,500 $ 6,500 $ 6,500 $ 2,949,089 $ 370,995 $ 378,285 $ 1,900,000 $ 360,000 $ 15,000 $ 16,000 $ 16,500 $ 12,000 $ 13,000 $ 13,500 $ 33,000 $ 33,500 $ 34,200 $ 4,800 $ 5,000 $ 5,200 $ 35,000 $ 35,000 $ 36,000 $ 150,000 $ 19,380 $ 19,380 $ 19,380 $ 32,000 $ 32,000 $ 32,000 $ 180,000 $ 180,000 $ 180,000 $ 180,000 $ 51,750 $ 2,921,180 $ 333,880 $ 336,780 $ 27,909 $ 37,115 $ 41,505 $ (9,600) $ (9,600) $ (12,000) Cash Flow/Net Shortfall - $ 18,309 $ 27,515 $ 29,505 *=Not Yet Commited INCOME Tenants Subsidies Total Rental Income Less 3% Vacancy Adjusted Rental Income Grants/Loans Existing USDA 515 FHLB / AHP Tax Exempt Bonds / 4% LIHTC Ukiah Redevelopment Grant Neighborhood Capital Corp. Total Income Other Income Net Income EXPENSES Contract Pdce Rehabilitation Maintenance Grounds Utilities Insurance Personnel Developer Fee Real Estate Taxes Management Fee Other Debt Service Total Expenses Net Operating Income Replacement Reserves EXHIBIT D Orchard Manor Proforma - RCHDC Year Pm-Dev Year 2 Year 3 Rehab / Operatior Operation Year 4 Operation $ 28,250 * $ 45,000 * $ 333,600 $ 346,944 $ 360,822 $ 142,800 $ 148,512 $ 154,452 $ 476,400 $ 495,456 $ 515,274 $ (14,292) $ (14,864) $ (15,458) $ 462,108 $ 480,592 $ 499,816 $ 1,947,325 * $ 265,000 * $ 1,480,000 * $ 73,250 $ 3,692,325 $ 480,592 # $ 499,816 $ 6,500 $ 6,500 # $ 6,500 $ 73,250 $ 3,698,825 $ 487,092 # $ 506,316 $ 2,400,000 $ 480,000 $ 24,000 $ 24,000 $ 24,000 $ 12,000 $ 12,000 $ 12,000 $ 42,000 $ 42,000 $ 42,000 $ 6,400 $ 6,400 $ 6,400 $ 26,000 $ 26,000 $ 26,000 $ 200,000 $ 24,480 $ 24,480 $ 24,480 $ 34,000 $ 34,000 $ 34,000 $ 110,000 $ - $ 288,000 $ 288,000 $ 288,000 $ 73,250 $ 73,250 $ 3,646,880 $ 456,880 $ 456,880 $ - $ 51,945 $ 30,212 $ 49,436 $ (12,800) $ (12,800) $ (12,800) Cash Flow/Net Shortfall $ 219,750 $ 39,145 $ 17,412 $ 36,636 *=Not Yet Commited Year 5 will be similar to Year 4 22:29 ID= P02/05 I ! I--riurat ,om.muns[le.S tlon 237 1~, Gobbl Bt. Ukiah. Colifornla 95482 (707) 463-1975 Fax (707) 463-2252 May 2, 2002 Steve Nelson E[e~tlrid~ & Parm~,~ 3100 Zirrt'andel Drive, $~te 110 Rancho Cordova, CA 95670 OR~ MANOR A.ND ORC2tARD VILLAGE APA,R~NT CO~TIF~ D~tr Mr. Nelson: L Price: Subjeci to Purebreds approval of all conditiom in Section 3 below, Purc_~-~r shall pay Two Million Six Hundred Tho~sang Dollari {$2,600,000), for Manor ~nd One MiIIion N'm¢ Ht~r~ Thousand Dollars ($1,900,000) for V'fl~g~ ia cash ~t olo~e of es~ow. 2. I~po~i~ Purc~r shall mak'~ a d~posit imo ~w, ~ ae ~ of~ ~ ~~ oh~K ~ ~t ofFi~ ~om~d Do~ (~,~) ~ ~ Ti~e C~e ~~) ~ five b~as ~ys of~ exe~on of~e~c~ ~~t. ~ ~o~t ~ ~ ~as~ to Tw~ ~ ~~d D~$ (~,000) up~ ~o~ of ~ ~~d~ ~ ~ F~ng. ~e d~osit be a~ed ~ the ~ ~~ ~ do~. 3. Pu~rlm~er's Co~a~ions: Por~'s obligafcm m purchase shall be contingent upon or a~czptar~e of the follovhng conditions: 5,1 Title_ A pmr~itm-y title r~,port fat both Manor md Village from the Tide Company shall be provided to Purdah, er within left day~ (10) follov~ng mmual execution 0fthe Agreement. Purchaser shall have forty Eve (45) day~ from receipt cffihe ~inaty title report~ and col~s ortho exceptiom to title set fomh i~ the reports m review conditions of title to the Pro~ and to remove in writing the conti~.d~ ~ furthin tb~s Section 3.1. lh~mhas~r has the sole right of approval or actoeptanc~ of the condition o£the tide. ~E-e2-~2 e2:~9 TO: 05-0~-20EE?_ 09: 34AM FROM:~6~ 2252 P. 02 22:29 ID of ~c ~~t ~ do~~s p~t. ~ ~ op~on of~ Pr~, ~lu~g but ~t ~mi~d m: 1999, ~0, ~ ~01 ~m, ~d 2002 ~ ~~ m~~, ~g~s f~ ~~ ~d opggi~ ~d ~fi~ of~e ~~ ~ich ~c Se~ ~ ~ its ~s~on. ~~g ~1 ~ve ~ ~ew of~ ~s id~fi~ ~ ~z s~on a.~ Ph~ and R~ato~ ~a~,n. ~e ~rc~ ~Oor ~as~'$ ~ in~t~ ~ a~~ ~ ~mce of ~e p~d~ ~~ of ~e ~op~. ~~ ~ ~ve ~ (~) ~s S~i~ 3.3_ 3.4 F~e~g ~agm~- ~~ ~~ m ob~ a~~ ~ ~e ~B.~ ~~ b. .a~-mmlXio~ of the mdsti~ Section $ re~tal ~sistan~-o- Local redevelopment low a~O moder~t~ hame Califomi~HCD CDBG, HOME and MHP ftmds. Federal I-tome loan Bamk At-IF f~nd~. Low l~ome Housi~ Tax Cr~ilm Purchaser shall have until June 30, 2003 to obtain committals for financing and to remove ha wfifng the co~es mined in t.N~; S~ion 3.4. 4. Clo~e of Escrow: Close shall occur ~ ~ort a~ potsibte ~d!er approval or ac~~ ofl~.chasef~ co~tion~ but no laler th~n nJne~ (90) days ~ter remov~ of all contingencies. 5. E~erow Costs: Title ~noe (CLTA) and dowma~t tra~fe~ tax 5h~ be paid by Seller. Escrow fee~ ~ be split equally. Other title and escrow costs shall be paid ~s Ls the oasto~ Jn Mendoimo Counly. & Time of~ 'Iime is of the es~aae_ Thi~ Lettez sh,xll be ~atkl until 4:00 PM .(Pacific T~ttn¢) M~y 6, 2002. Ac~ by Selle~ may be by f~x or mail. Thi, Letter is not ~ eontraet but only an expre~i~n of the P~reha~er~ inlere~t i~ entering into an agrzement for the pm-c~ase of the ~roperty. W= e~pect that any bindi~ agreement, whicl~ would b~ uegotiate~ between Part. set and Sdlet wkh r~pect to ~ ~axt~ac~ion, will be gencr~ly oomist~ with the price, term~ md conditions cvafliued in thi~ ~. The ~ shall u~e efforts to ~ecute ~ Agng~.~ witl~ five (5) business c~y$ of the ~ecution of this lettvr. 05-03-2002 09: 361c11'1 To: P. 03 ~5-~2-~2 22:~2 ID: P~S/85 05-03-2002 09:37RM P. 05 ITEM NO.: 6a DATE: May 15, 2002 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF APRIL 2002 Payments made during the month of April, 2002, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 38713-38917, 39001-39207 Accounts Payable Manual check numbers: 35461 Payroll check numbers: 38619-38712, 38918-39000 Void check numbers: None 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 April, 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 Candace Horsley, City ~ g KRS:W ORD/AGFNDAAPR02 or~ E~O > ! <2> ~ u~ Z ~ oo~ -1- o o o o o o ~o ~o ~0 ~o o o o o o o ~:~ {2> o o o o o o o o o o o o o o oo oooo o o o o o o ~o ~o ~o ~o o o UU UU o o o o o o u~ '~ ~-I cD o o o o o O0 o o o o :>~ ~0 U~ o o oo oo o oo o o o o oooo oo o oo o o o o oooo oo ~ oo o ~ ~ o oo o o ~o o o ~ ~oo ~ o oo ~ o o o O000ffi UUUU> Z~ O~ 0 ~0 0 Z~ OO U~ <o Z 0 Om > Z O0 0 ~0 0~]~ ~=ZZZ ~mmmm > Z r~mm ZO ~ ~OZ H~ ~0~ ~0 H~ mO ~ 0 d 0 i-i U -Z- 0000000 0000000 0 00 0 ~ ~0 o o o o o o o o o o · o o o o · 0 0 U o Z~ Oo ~o Z 0 0 >, u Z 0 U ~ r--I 0~ 000 0 O U O ~ 0~1~ 0 U Z O~ ~0 ~U 0 U 0 UO O2: -3- O~ 0 00 00 00 0 00 00 ~ {-t 00 o~ O0 0 0 O0 00 00 00 0 0 0 0000 0000 00 000 · . . 00 Z , o ~ o Z~ ~o ~o~ oo~ 0 Z~ Oo 0 ZH O~ Z~ > o u Z o ~0 o~z ~Z -4- 0000 0000 0000 oo 0000 O0 U U 0 0 o o ~ o Z · ~ o 0 ~o ~oo~ o o o~ o o o . o · · oo~ Z 0 ZH Om Z~ UO0 {DO C~mm MU ~0 O~ 0 OZ ~Z O m~ 0 ~0 O~D Z~ -5- oo~°°~°oo o 00 0 0 0 0 0 0 0 0 0 0 0 O0 00000 UUUU~UUUUUU~ u z ~o~ ~ o 0 O00 · . · ~° · , ~HHO u u ~UO0~ ~Z~Z 0 Z~ Oo U~ ~:o Z 0 ZQ > ZOO000000000 Z OZ OH O> Z~ o Z o~ uZ 0 o~ Z~ u ~ o~ o~ o~ z H o~ Z~ o O0 Z o~ o~ oo Z~ ~mmmmm -8- o~ oo~~;~~oooo O00000OO00000 o o oo 0000 mm 00~ ~0 oo oooo ~oo ~ DD o mm~0 ~ ZZ~ 0 HH~O oogo~ggo o o o ~00000~000000 ggog~~goggo 0 o Z'~ Oo O~ ~:o Z 0 O~ Z~ > Z H~ H~O~ H~HO~ 0 0 OZ 0 Z Z 0 0 ~ ~Z~ ~ 0 ~ZZZZ ~0~0 ~H~H ZOO00000000000 -7- O~ U · o Z 000 000 000 UUU 000 O0 O0 0 0 000000000000000 0 · 000000000000000 ~ ooo~oo~oo~go o ooo oo oo~ o o oo~ o o oo o · 0 oo o · o c> oh · o 0 ~Z 0 0 ooooooooooooooo o~ ~ 0 i.-q r.~ -8- O~ u . c~ 000000000000 000000000000 000000000000 o u u ~ oo oo oo~oo~°°oo ~ 000000000000 oo~o~oo~ooo~ 00000000~00 oo~~o~o~~ ~ mm~mOmmm~mmm> ~J~o o oo o 0 o o o Z o ZH Om Z~ > > ~Z o ~ I..-q o o ~J o · ~: ~Z © ~000000000000 ~0 u Z -9- O0 o 0'3 0~ co o o o o o~ o ;go 0 0 o o ,-~ ,~ ~q ~-t i-q oo~ ooo · UUU~ ZZZ~ 000~ UUUO ~0 U o o · o mm> o o o o · . o ~ · . °~ · ~ I.-4 o ZZZ ZZZ ~0 ~o~o Z~ OO U~ U~ ~:o 0 ¥ Z<O< ~:~E~ O~Z r.~ 0 ZZ 0 0 Z Z~ ~0 -10- Z O0 O0 O0 0 0 0 0 0 0 Z 0 U~ O0 O0 O0 O0 0000000000000000 ~oo~oo~oooogoo O0 ~0~ O~ · . .......... . · . . ~oo§§~o~o~~Ooo o ~ ~~DDODDD~ Z~UO~~~O~O ~0 0 0 OZ 0o ~~O U Oo 0 O mZ ,.-10 O HHHHHHHHHHHHHHH 000000000000000 000000000000000 O ::Z ::Z 6..,::020 H ~) ~ :;E O rJ ~>::> i.-i H ~ o~ {j · I> , z 000000 0 0 O0 000000 0 0 0 0 000 ooEE~Eo 000000 000000 o o o '~ .... ~ ~ 0 Z ~ ~0~~0 ~ ~ ~ ~0 0~0000 ~ ~ ~ ~ ~ Z~ZZZZO 0 H ~ HHO UUUUUU oooooo~ z~ D~, oo ~j~ ~o z o ~ H , ZO ~~ooo o~ © , ~I , 0 -12- o u~ r.. 0 0 ~u O~ ~ U O~ rJ · :> Z~. 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Attached for Council's review is a list of the terms of City of Ukiah Boards and Commissions. Staff is requesting permission to submit a Press Release announcing these vacancies and that the submittal deadline for all applications be June 27, 2002, at noon. Interviews and appointments to the vacancies would be scheduled for Council's first meeting in July 2002. RECOMMENDED ACTION: Approve Press Release for Commission and Committee Vacancies. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff not to advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Ukiah City Council , Marie Ulvila, City Clerk ~,,¢..~..?~. ~."¢'~,-~~jJ Candace Horsley, City Manager 1. Terms of City of Ukiah Boards and Commission Members APPROVED:t, ~,,./!A~;../~ -- _ Candace Horsley, City lanager ASR: Commission Vacancies 2002 Page 1 of 1 A~ACH1VIENT / TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of April 3, 2002 *Next Councilmember to nominate for appointment to this Commission/Board. Planning Commission-3 year term - (Libby*) Judy Pruden Joe Chiles Mike Correll Gaither Loewenstein Robert Wallen Date of Current Present Term A!3pointment Expires 7/17/99 6/30/02 7/05/00 6/30/03 7/05/01 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 Airport Commission - 3 year term ** - (Libby*) **Allen Rogina **Ken Fowler - Chairperson Mark Ashiku Michael Whetzel James Mulheren 8/04/99 6/30/02 6/30/01 6/30/04 6/30/01 6/30/04 6/30/01 6/30/04 6/30/01 6/30/04 ** Two Commissioners may reside within the Sphere of Influence Parks, Recreation, and Golf Commission - (Smith*) Jon Henderson Judith Waterman - Women's Golf Club **Faye Hefte - Golf - Public Member Chamise Cubbison Robert Beltrami Perry Ramsey - Men's Golf Club **Fredrick Koeppel- Public Member 7/05/98 6/30/04 7/05/00 6/30/02 7/05/00 6/30/02 7/05/01 6/30/04 7/05/01 6/30/04 7/05/01 6/30/04 3/6/02 6/30/02 ** Two Commissioners may reside within the Sphere of Design Review Board - (Ukiah Redevelopment Agency - 3-year term - Commissioner Baldwin*) *Donna Berry 7/18/01 6/30/04 *William P. French, Jr. 7/18/01 6/30/04 *Estok Menton 7/18/01 6/30/04 *Richard Moser 7/18/01 6/30/04 **Marge Boynton Moynahan 7/18/01 6/30/04 Five persons with design experience: *four shall reside, or own real property or a business within the City of Ukiah City Limits;one shall represent the community at large with no ownership or residence requirement. InveStment Oversight Committee - Public Member 2-year term - (Ashiku*) Phillip Ashiku - Mayor Roy Smith - City Councilmember , Candace Horsley - City Manager Gordon Elton - Finance Director Allen Carter - City Treasurer, Chair Monte Hill- Public Member 7/05/0O 6/30/02 Terms: April 3, 2002 Page 1 of 2 TERMS OF CITY OF UKIAH BOARDS AND COMMISSION MEMBERS As of March 6, 2002 Traffic Engineering Committee - (Libby*) Benjamin Kageyama (Public Rep.) Kevin T. Cotroneo (Public Rep.) Doug Pilant (MTA Rep.) City Manager - Candace Horsley City Engineer- Diana Steele Police Chief - John Williams Planning Director - Charley Stump Superintendent of Public Works - Jim Looney Date of Current Appointment 1 O/O6/99, 11/07/01 11/07/01 Civil Service Board Albert Beltrami (reappointed by Council 9/6/95) Bill Webster (appointed by employees on 10/25/99) Dan Saylor (appointed by two other members) Present Term Expires City Representative on the Library Advisory Commission Ann Fatch 11/04/92 Demolition Permit Review Committee - 2 year term Director of Community Development Director of Public Works/City Engineer Building Official Chair of Design Review Committee Mendocino County Historical Society representative- Vacancy City of Ukiah Resident - Vacancy City of Ukiah Disaster Council Mayor - Phillip Ashiku 12/20/00 Councilmember - Kathy Libby 12/02/98 City Manager- Candace Horsley 12/02/98 Assistant City Manager -Albert Fierro 2000 Police Captain - Chris Dewey 2000 Fire Operations Captain - Bill Woodworth 11/05/97 City Attorney - David Rapport (no vote) 11/05/97 Federal, State and Local Organizations: American Red Cross California Dept. of Forestry Mendocino Emergency Services Authority Mendocino Transit Authority Pacific Bell Pacific Gas and Electric Radio Amateur Civic Emergency Services (R.A.C.E.S.) Cultural Arts Advisory Board - Mayor* Currently Inactive Chair First Vice Chair Second Vice Chair Ukiah Chamber of Commerce Ukiah Unified School District Ukiah Valley Medical Center Emergency Services Coordinator- Mike Harris Terms: April 3, 2002 Page 2 of 2 AGENDA SUMMARY ITEM NO. 6c DATE: May 15, 2002 REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR STATE STREET TREE AND MAIN STREET PARKING LOT LANDSCAPING PROJECT, SPECIFICATION NO. 00-02 SUMMARY: The work of the contract was completed by Ferranti Construction, Inc., contractor, in substantial conformance with the approved plans and specifications on April 5, 2002. The final contract cost is $533,777.39. Final payment of the retention will be made to the contractor following 35 days from the date the Notice of Completion is filed with the County Recorder. Funding for this project was approved in the fiscal year 2001/2002 budget in the amount of $572,000 in account number 250-9804-250-002. The actual final contract cost differed from the contract amount of $564,625 due to differences in actual quantities constructed along with various change orders. The Mendocino Council of Governments (MCOG) awarded Transportation Enhancement Activities (TEA) funds to the City of Ukiah for this project. As such, the City of Ukiah will receive reimbursement in the amount of $472,553.12 (88.53% of the final contract cost). RECOMMENDED ACTION: 1. City Council accept the work as completed. 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for State Street Tree and Main Street Parking Lot Landscaping Project, Specification No. 00-02. ALTERNATIVE COUNCIL POLICY OPTIONS: None. 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~~ Candace Horsley, City Manager Diana Steele, Director of Public Works/City Engineer 1. Notice of Completion APPROVEDS..,.J~_ ,js:^G_,oc~o~2.suMCandace Hc~rsley, City~l~anager Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: , That the real property described is owned by the following whose address or addresses are: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 . That the nature of the title to the State Street Tree and Main Street Parking Lot Landscapin~ Proiect, Specification No. 00-02 of all said owners is that of fee simple. 3. That on the 5th day of April 2002, the Contract work for this project was actually completed. . That the name and address of the Contractor is Ferranti Construction, Inc., PO Box 259, Redwood Valley, California, 95470-0259. . That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City-owned property identified as State Street, Standley Street, Main Street, Smith Street, and City of Ukiah Parking Lot "C" within the City limits. CITY OF UKIAH, a Municipal Corporation By: CITY CLERK STATE OF CALIFORNIA) COUNTY OF MENDOCINO) I, Marie Ulvila, being duly sworn says: That she is the Clerk of the City of Ukiah City Council, that she has read the foregoing Notice of Completion and knows the content thereof and the same is true of her own knowledge. MARIE ULVILA, City Clerk Subscribed and sworn to before me this day of ,2002. Notary Public in and for the County of Mendocino, State of California AGENDA SUMMARY ITEM NO. 6d DATE: May 15, 2002 REPORT SUBJECT: AUTHORIZATION OF CONTRACT AWARD TO FERRANTI CONSTRUCTION, INC. FOR A.D.A RAMP CONSTRUCTION, SPECIFICATION NO. 01-10 IN THE ESTIMATED AMOUNT OF $44,486.10 SUMMARY: The City distributed specifications to nine builder's exchanges and three contractors for the subject project. The City publicly advertised this project on April 21,2002 and April 28, 2002 in the Ukiah Daily Journal. Four sealed proposals were received and opened by the City Clerk on May 2, 2002. The single bidder, who is the lowest responsive, responsible bidder is Ferranti Construction Inc. of Redwood Valley, California with a total evaluated cost of $44,486.10. The Engineer's Estimate for the project is $49,433.90. If the bid is awarded, compensation for the performance of the work will be based on approved unit prices bid for contract item quantities actually installed. The actual total paid to the contractor may be lower or higher than the evaluated cost indicated because of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head with approval of the City Manager to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change exceeds the amount budgeted for the project. This contract work will be charged as follows: $12,161 to 340.9649.250.00, SB 325 reimbursable fund and, the balance, including any changes, from 699.3110.800.015 special project fund. RECOMMENDED ACTION: Authorize the Award of the contract for A.D.A. Ramp Phase 4, Specification No. 01-10, to Ferranti Construction Inc. in the amount of $44,486.10. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract should not be awarded and direct staff to re-bid project and sacrifice the $12,161 SB 325 reimbursable fund. 2. Determine Access ramps for disabled persons are not a priority on City maintained streets and reject all bids. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana M. Steele, Director of Public Works/City Engineer Tim Eriksen, Civil Engineer Candace Horsley, City Manager 1. Bid Tabulation 2. Bid Proposal from Ferranti Construction Inc. 3. Fiscal Year 2001/2002 Budget Sheets AP P ROVE ~:'"~/~-,--~~ Candace Horsley, Cityl~anager oo o~ o oo o o o ~ o 0 ° - O0 - ~ ~Zm ~ oo oo o oo o o o~ o o o~ oo ~ ~o ~ ~ ~ o o 0 ~ O0 0 O~ 0 0 0 0 0  0 ~ · '  ~i ~ ~ ~0 ~ 0 ~ ~ 0 ~ ~ O0 O0 0 O0 0 0 0 0 0 !'~ ~ ~ oo o o~ o o o o o ~ ~ Z 0 ~ ~ w 0 0 0 z ~ ~a o a~ a o a h z - I ~ , BIDDING SCHEDULE ITEM QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED NO. in writing and in figures AMOUNT FOR 1. 107 LF Saw Cut Concrete Sidewalks, Driveway Approaches, Curb and Gutter and Valley Gutters for a price per linear foot of 2. 442 LF Saw Cut Asphalt Concrete for a price per linear foot of of 3. 331 LF Remove PCC Curb and Gutter for a price per linear foot of 4. 1,602 SQFT Remove PCC Sidewalk, Driveway Approaches for a price per square.foot of , C:?rojectskPublic WorB~PW 01-10 ADA Ramps\Specifications~Spec-PW01-10 (2).doc · Spec. No. 01-10 '- . : ..; 5. 176 SQFT Remove PCC Valley Gutter for a price per square foot of 6. 840 SQFT Remove ~ph~t Concrete Pavement for a price per squ~e foot of . 7. 331 LF Concrete C~b ~d Guner for a price per l~e~ foot of · .~ ~,~. 8. 176 SQ~ Comrete V~ley Gu~er for a price per squ~e f~t of 9. 1,726 SQ~ Concrete Sidew~, Driveway Approaches ~d ~eelch~ Rmps for a price per squ~e foot C:~ProjcctsXPublic WorksYPW 01-10 ADA Ramps\Spccifications\Spcc-PW01-10 (2).doc 47 Spec. No. 01-10 10. 739 SQFT Type B Asphalt Concrete Pavement for a price per square foot of 11. 135 LF Concrete Retaining Curb for a price per linear foot of · 12. 9 EA Remove and Reinstall Street Signs (Single Pole) '--'- [ ! · In case of discrepancy between words and figures, the words shall prevail. · i C:~rojects~Vublic Works~PW 01-10 ADA Ramps~Specificatious~p~-PW01-10 (2).doc Sl:~.c. No. 01-10 : We, the tmdersigned, further agree, if this proposal shall be accepted, to sign the agreemem and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it Shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the properly of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of C, ~ I'~'~ ,20 e,.~ Licensed in accordance with an act providini for the registration of Contractor's Liceme No, .~ ~'f-~-'~4.:~, expiration THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEP~IN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: SIGN HERE Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. · C:~d~'ojectskPublic WorkskPW 01-10 ADA Ramps\Specifications~Spe~-PW01-10 (2).doc 49 Spec. No. 01-10 I-- Z ::3 0 o o o c- O I-- Z UJ I-, Z LU 0 Z ::3 O0 O0000000 ~00 000000 CO 000 ~- 0 0000000~ 000 ~00 AGENDA SUMMARY REPORT ITEM NO. 6~ DATE: MAY 15, 2002 SUBJECT: AWARD OF BID TO BB&T OFFICE SOLUTIONS FOR POLICE DEPARTMENT FURNITURE IN AN AMOUNT NOT TO EXCEED $20,000 In October 2001 the City of Ukiah Police Department received a California Law Enforcement Equipment Program (CLEEP) Grant, in the amount of $34,823. In November 2001, the Police Department presented to Council a spending plan for the FY 2001/02 CLEEP, which included improvements to the existing offices. The Department's planning committee identified the public safety front office area as one of the improvements appropriate for grant funding to better utilize existing space, reduce constraints, and improve working conditions for staff. The planning committee determined specifications for the project and an initial Request For Proposals (RFP) was published. Five companies provided responses, along with design plans for the front office area. Theses responses ranged from $14,000 to $25,000. Because of the varying proposals, a second RFP was submitted to the original responding companies. In this RFP, the City requested a specific floor plan which best meets the needs of staff, and specified that each company provide its lowest overall cost of basic items, fabric grades, laminate grades, and no optional items. Upon reviewing the second bids from each vendor, Staff found that the lowest bid did not meet the design specifications requested. The second lowest bid from BB&T Office Solutions did meet the design specifications at a cost of $17,867.58. In addition to the cost of the basic furniture system, staff recommends the purchase of additional items to enhance the offices. These additional items were specifically removed from the second request for proposals because each manufacture could not offer equivalent products, and their addition to the design specification of the original RFP allowed for substantial variations in the price quotes. The planning committee recommends an allowance of $2,000 be provided for paper management systems, additional ergonomic features, upgrades in fabric quality and other smaller associated items needed for the complete installation of a new office system. This additional allowance would be required for each of the vendors, but because furniture vendors design their systems so they cannot be compared when bid, these items were removed in the second bid request with the plan to add them once the overall Iow bidder was determined. Staff recommends City Council Award BB&T Office Solutions the bid for the purchase of a new office system. Funds for this purchase will be made from the California Law Enforcement Equipment Grant, fund 250.2001.800.902. RECOMMENDED ACTION: Award bid to BB&T Office Solutions for Police Department Furniture in the amount of $20,000.00. ALTERNATIVE COUNCIL POLICY OPTION: Reject all bids and provide staff with direction. Citizen Advised: N/A Requested by: Ukiah Police Department Prepared by: Chris Dewey- Police Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Bid Tabulation Sheet APPROVED: mfh:asrcc02 COUNfrontoffice Candace Horsley, Cit~Manager CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: Ukiah Police & Fie Fumiture Upgrade SPECIFICATION NO. DATE: _A~3ril 30, 2002 TIME: 2:00 p.m. · COMPANY INTERIORS INCORPORATED 1325 N. DUTTON AVENUE SANTA ROSA, CA 95401 AMOUNT , MENDO-LAKE OFFICE PRODUCTS 203 SOUTH MAIN STREET UKIAH, CA 95482 , 5 , MENDO-LAKE OFFICE PRODUCTS 203 SOUTH MAIN STREET UKIAH, CA 95482 BB&T 2349 CIRCADIAN WAY SANTA ROSA, CA 95407 I tl,-f lfl..,lll VI I IVY-- I ~,,,~1 Al'Il1 i-T,~i Al,,,,,.~ P.O. BOX 11546 SANTA ROSA, CA 95406-1546 Marie Ulvila, City Clerk Bids:Ukiah Po]kc & Hrc Furaiturc Up~'adc Chris Dewey, Police Captain AGENDA SUMMARY REPORT ITEM NO. 6f DATE: May 15, 2002 SUBJECT: GRANT RELIEF OF BIDDER PURSUANT TO PROVISIONS OF CALIFORNIA STATE PUBLIC CONTRACT CODE AND THE PROJECT STANDARD SPECIFICATIONS FOR AIRPORT PARK BLVD. REMEDIATION, PHASE I PROJECT In response to the City's Request for Proposals, four (4) bids for the construction of Airport Park Blvd Remediation, Phase 1 Project, Specification 02-02 were received and opened by the City Clerk after the bid deadline of Wednesday, April 24, 2002, at 2:00 PM. The apparent Iow bidder was Argonaut Constructors at a total bid of $137,885. On Thursday, April 25th, Russell Beldon, Chief Estimator for Argonaut Constructors, notified the City's Public Works Director by phone that critical mistakes were made on Argonaut's bid work sheets and that its bid should have been approximately $30,000 greater than the amount indicated on the bid form submitted to the City. Mr. Beldon was advised to submit within 5 days written documentation of the alleged mistakes in accordance with the provisions of Section 2- 1.095 of the Project Standard Specifications. Pursuant to the provisions of Public Contract Code Sections 5100 through 5107 of the California State Public Contract Code and Section 2-1.095 of the Project Standard Specifications, a bidder shall not be relieved of their bid unless by consent of the awarding authority which is the City Council nor shall the amount of the demonstrated mistake be added to the bid for reconsideration. The bidder, if relieved of its bid, is prohibited from further bidding on the same project. In accordance City may award the construction contract to the second lowest bidder if it deems it to be in its best interest to do so. Written documentation of the reported bid mistakes were received by the City via fax on Friday, April 26, 2002 and follow-up copies were received by certified mail on Monday, April 29th. As indicated in the attached request for relief and letter of explanation, the computer program utilized by Argonaut failed to extend the subtotals for several subcomponents of Bid Items 8 and 9. The subtotal for bid items 8 and 9 were deficient by $24,218 and $ 5,120, respectively, for a total of $29,338. After applying markups, the total of the mistake becomes $30,635. Staff has reviewed the documentation and feels that it has been clearly demonstrated that critical clerical mistakes in the bid work sheets cause Argonaut's bid to be materially different than what was intended. If the Council' elects not to grant relief to Argonaut Constructors, the above referenced code sections would allow the contractor to bring a court action against the City to recover the forfeited costs. This could cause delays to the project and incur additional costs for litigation. It would likely result in the loss of available state funds for this project and could negatively affect the availability of future funding to the City under the terms of this fund. Staff does not recommend this course of action. Staff recommends the Council grant relief to Argonaut Constructors based on the information presented. RECOMMENDED ACTION: Relieve Argonaut Constructors of its bid, submitted for the Airport Park Bird Remediation, Phase 1 Project, in accordance with the provisions of Sections 5100 through 5107 of the State of California Public Contract Code and Section 2-1.095 of the Project Standard Specifications. ALTERNATIVE COUNCIL POLICY OPTION: Elect not to grant relief of the apparent Iow bidder and force performance of work for the bid amount with possible legal action against the City. Requested by: Prepared by: Coordinated with: Attachments: Diana Steele, Director of Public Works/City Engineer Rick Kennedy, Project Manager Candace Horsley, City Manager 1. Written Request for Relief of Bid and Documentation of Bid Mistakes. 2. Sections 5100 - 5107 of the California State Public Contract Code and Section 2-1.095 of the Project Standard Specifications. 3. Bid Summary Tabulation Sheet. APPROVED BY: Candace Horsley, City'l~anager A CALIFORNIA CORPORATION CONTRACTORS LICENSE NO. 171432 April 25, 2002 ATTACHMENT / TEL: (707) 542-4862 FAX: (707) 542-3210 EST FAX: (707) 542-4897 1236 CENTRAL AVENUE RO. BOX 639 SANTA ROSA, CALIF 95402-0639 City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482-5540 Attention: Diana Steele Reference: Airport Park Blvd. Remediation, Phase 1 Edge Drain Construction and Asphalt Pavement Replacement Specification No. 02-02 Bid Date 04/24/02 Dear Diana Steele; In accordance with Section 12-06 of the City Special Provisions for the above referenced project, which references Section 2-1.095, Relief of Bidders, of the Standard Specifications, Argonaut hereby request relief fi.om the above referenced project due to a critical clerical error. There were clerical errors made in bid items 8 (Edge Drain), and bid item 9 (4" Solid PVC Plastic Pipe). Please find enclosed two copies of Argonaut's estimate. One copy is labeled Original Estimate and the other Corrected Estimate. Please direct your review to bid item 8 of the Original Estimate. Under bid item 8 notice that the first three line items are material items (Geocomposite Stripdrain, Perm, Asphalt). To the right of the material description is the unit cost number, unit, unit quantity number and unit. Further to the fight of the material description under the column labeled Mat Rate the unit cost number again appears. To the right of the Mat Rate unit cost number notice that under the Total column the column is blank. Here lies the error. The Mat Rate Total column shOuld have extended the material unit rate times the estimated quantity. This did not happen and was not noticed in the rush of closing the estimate. Further investigation as to why the math extension did not extend revealed, as this part of the estimating program is a simple Lotus 123 spread sheet, numbers can not be imputed as (1) a label. As these numbers were inadvertently enter as labels and not numbers the spread sheet did not extend the material cost. Therefore, the correct cost for bid item 8 was deficient by $24,218.24 (please see Corrected Estimate Bid Item 8 for comparison). The clerical error as described for Bid Item 8 also presented itself in Bid Item 9 for a deficient cost of $5,120.00. The clerical error for both Bid 8 and 9 totals $29,338.24. When transferred to the summary sheet on the Corrected Estimate, markrup and bonding applied, this calculates to a clerical error in Argonuat's Original Bid of $30,635.00. Argonaut apologizes for the error, and finds the clerical error extremely embarrassing. Again, Argonaut hereby request relief from the above referenced project due to a critical clerical error. Thank you for your consideration in this matter. If there are any further question please call this office immediately. Sincerely, (2) , ..,ij * II Il/'] II II~ ~ " II II II II ,4-,'"-, ATTACHMENT.~ PUBLIC CONTRACT CODE SECTIONS: 5100- 5107 5100. (a) "Public entity" means the state, Regents of the University of California, a county, city and county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state. (b) "Bid" means any proposal submitted to a public entity in competitive bidding for the construction, alteration, repair, or improvement of any structure, building, road or other improvement of any kind. 5101. (a) A bidder shall not be relieved of the bid unless by consent of the awarding authority nor shall any change be made in the bid because of mistake, but the bidder may bring an action against the public entity in a court of competent jurisdiction in the county in which the bids were opened for the recovery of the amount forfeited, without interest or costs. If the plaintiff fails to recover judgment, the plaintiff shall pay all costs incurred by the public entity in the suit, including a reasonable attorney's fee to be fixed by the court. (b) If an awarding authority for the state consents to relieve a bidder of a bid because of mistake, the authority shall prepare a report in writing to document the facts establishing the existence of each element required by Section 5103. The report shall be available for inspection as a public record. In the case of the University of California or a California State University, the report shall be filed with the regents and the trustees, respectively, and shall be available as a public record. 5102. The complaint shall be filed, and summons served on the director of the department or the chief of the division or other head of the public entity under which the work is to be performed or an appearance made, within 90 days after the opening of the bid; otherwise, the action shall be dismissed. 5103. The bidder shall establish to the satisfaction of the court that: (a) A mistake was made. (b) He or she gave the public entity written notice within five days after the opening of the bids of the mistake, specifying in the notice in detail how the mistake occurred. (c) The mistake made the bid materially different than he or she intended it to be. (d) The mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans or specifications. 5104. Other than the notice to the public entity, no claim is required to be filed before bringing the action. 5105. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project on which the mistake was claimed or security forfeited. 5106. If the public entity deems it is for its best interest, it may, on refusal or failure of the successful bidder to execute the contract, award it to the second lowest bidder. If the second lowest bidder fails or refuses to execute the contract, the public entity may likewise award it to the third lowest bidder. On the failure or refusal of the second or third lowest bidder to whom a contract is so awarded to execute it, his or her bidder's security shall be likewise forfeited. 5107. In all actions brought under the provisions of this chapter, all courts wherein such actions are or may hereafter be pending, shall give such actions preference over all other civil actions therein, in the matter of setting the same for hearing or trial, and in hearing the same, to the end that all such actions shall be quickly heard and determined. ATTACHMENT._.~ coOrr z u- r.i ~ W W ~ W W 0 0. 0 n- o. w LIJ LLI W IJJ LLI0 W z ° gz W W ILl ILl LU LU Z o~w -- ~ ~ ~ 0 © AGENDA SUMMARY REPORT ITEM NO. 6g DATE: May 15, 2002 SUBJECT: AWARD CONSTRUCTION CONTRACT TO PAULSON, INC. FOR THE CONSTRUCTION OF THE AIRPORT PARK BLVD. REMEDIATION, PHASE 1 PROJECT In response to the City's Request for Bids, four bids for the construction of Airport Park Blvd. Remediation, Phase 1 Project, Specification No. 02-02 were received and opened by the City Clerk after the bid deadline of Wednesday, April 24, 2002, at 2:00 PM. As presented to City Council in Agenda Item 6f, the apparent Iow bidder is seeking relief from its bid because of mistakes made in the bid work sheets that made the bid materially different than it was intended to be. Sections 5100 through 5107 of the California Public Contract Code as well as Section 2-1.095 of the Project Standard Specifications authorize the awarding authority to relieve a bidder of its bid if the bidder reports the mistake in a timely and compelling manner. The referenced code sections also permit the awarding authority to award to the second lowest bidder should the apparent Iow bidder be granted relief from its bid. The second lowest bidder is Paulson, Inc. at a total bid of $194,498. This bid exceeds the budgeted funds of $140,000 by $54,498. There are three alternatives available to the City. The first alternative is to allocate additional funds to the project in the amount of $55,000. The second alternative is to reject all bids, direct staff to modify the project, and rebid as modified. This alternative will delay the project by at least 45 days and would jeopardize programmed state funds in the amount of $90,000, if these funds are not expended before June 30. The third, and recommended alternative, is to award the project and permit staff to delete certain contract items in their entirety and make other adjustments to the compensation that are required by the Contract Documents. Staff is strongly recommending the third alternative, which is the most economically viable option at this time. As with most Public Work Projects, the bid totals are based on unit prices bid for estimated quantities of contract items. However, payment is made based on unit prices bid for contract item quantities actually installed. In most cases the final compensation to the Contractor is different than the amount of the original bid because of unforeseen conditions or other change order work causing the final quantities to differ from estimated quantities. As authorized in the Contract Documents, specifically, Sections 2-1.02 and 4-1.03, of the Standard Specifications, the City reserves the right to increase or decrease the (Continued on Page 2) RECOMMENDED ACTION: Award a construction contract to Paulson, Inc. for the construction of the Airport Park Blvd. Remediation, Phase 1 Project. Compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Total compensation to the Contractor shall not exceed the budgeted amount of $140,000. Authorize the City Manager to execute the construction contract on behalf of the City. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Allocate additional project funds.in the amount of $55,000 and authorize project expenditures up to $195,000, or 2. Reject all bids and direct staff to make modifications to the contract plans and rebid the Project, thereby jeopardizing State funds in the amount of $90,000 since the project could not be completed. Requested by: Prepared by: Coordinated with: Attachments: Diana Steele, Director of Public Works/City Engineer Rick Kennedy, Project Manager Candace Horsley, City Manager 1. Bid Tabulation Sheet summarizing the bid results. 2. Paulson, Inc.'s Bid Proposal 3. FY 2001-2002 Budget Sheets APPROVED BY: Candace Horsley, City I~nager \ Page 2 May 15, 2002 Award Construction Contract, Inc. for the construction of the Airport Park Blvd. Remediation, Ph 1 Project amount of any class or portion of work or to omit portions of the work as may be deemed necessary or advisable by the Engineer. Said Section 4-1.03B(3) specifically deals with contract items deleted in their entirety. The most important facet of the Airport Park Blvd Remediation Project is the installation of a subsurface drainage system that will drain intruding waters to the storm drain system. As the City Council has been previously informed, much of the pavement surface of Airport Park Bird from Talmage Road to the northerly boundary of the Friedman Brothers Home Improvement Center has failed prematurely because of inadequate subsurface drainage. Storm water runoff and irrigation water infiltrate the structural section of the road via the median island and other landscape and undeveloped areas along the curb. The water is then trapped under the roadbed because of the inability of the underlying soils to percolate. The supporting soils become saturated and lose the ability to support traffic loads. The noted rutting in the wheel paths is the result of the saturated supporting soils moving under load. The proposed subsurface drainage system consists of edge drains on both sides of the median island along selected sections where water collects within the islands, and along the west curb and gutter from Talmage to the Friedman Brothers Project. Because of limited funding, Phase 1 was tailored to include the complete system of the needed subsurface drainage system and the replacement of only a portion of the failed asphalt pavement, as remaining funds allowed. The pavement section selected for replacement under the Phase 1 Project was the southbound lanes from the Commerce Drive intersection to 600 feet north of the intersection. Bid Items 3, 4, 5, 6, and 7 pertain to the removal and replacement of the selected portion. These items are described on the attached bid tabulation sheet. The total cost of these five (5) Bid Items is $60,640, as bid by Paulson, Inc. As required by the Contract Documents, Sections 4-1.03C, "Changes in the Character of the Work", and 9-1.08, "Adjustment of Overhead Costs", of the Standard Specifications, adjustments to the unit prices or to the total compensation due the Contractor are to be made should the changes made by the City change the character of the contract items or cause the total compensation due the Contractor to be less than 90% of the Contractor's original bid total. Minor additional costs will be incurred in order to repave trenches over the work, which lies in the area originally planned to receive new pavement. Additional trench paving will be required over 780 linear feet of perforated edge drain (Bid Item 8), 45 linear feet of solid piping (Bid Item 9), and at two locations where edge drains will be connected to the storm drain system (Bid Item 10), and at some pothole locations (Bid Item 1). The additional cost or additive adjustment to be made to these contract items is estimated at $2,000. Most of the construction surveying (Bid Item 2) pertains to the deleted items and it is estimated that a deductive adjustment of $1,500 is to be made. Section 9-1.08 of the Standard Specifications requires that the Contractor be compensated for overhead cost at a rate of 10% of the difference between the final compensation and the calculated amount equal to 90% of the original bid total. In this case, if the final compensation to the Contractor is approximately $135,000 based on actual quantities installed and the adjustments discussed above, an additional additive adjustment of $4,000 will be required to compensate for overhead costs, calculated as follows: (90% * $195,000) - $135,000 = $4,000 +/- Based on these estimates, the final pay to the Contractor would be approximately $139,000. The discussed changes would be incorporated into a change order prior to any work being performed. The work will be funded as follows: $90,000 from 342.9502.800.000 (Transportation - Traffic Congestion Relief Fund), and $50,000 from 699.3110.800.019 (Special Projects Fund). Staff believes this project will maximize the use of time-sensitive state funding and will correct the major issue with the failure of Airport Park Blvd. It is therefore recommended that the contract be awarded to Paulson, Inc. with a target maximum contract amount of $140,000. 0 z ~z~ °~gz ~w ~ in- ~0n' ~u-r.q LU LLI LLI IJJ LIJCD LLI Z CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR AIRPORT PARK BLVD. REMEDIATION, PHASE 1 EDGE DRAIN CONSTRUCTION AND ASPHALT CONCRETE REPLACEMENT Specification No. 02-02 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; 2) d) to pay all charges of freight transportation and hauling; that he or she indemnifies the City against any loss or damage arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: II II II !I II 31 Spec. No. 02-02 BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. ITEM NO. QUANTITY . DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT (in words and in figures) FOR ITEM (in figures) Utility Location and Ide, Rtification for t~e lurpp sum 1 Lump Sum Cor~structi(3rvSun/eying for the.lum.~su,m price~ of , 2 Lump Sum Asphalt Concrete Pavement Remgval ~'or the price per square yard of J,~t... ~:~'~- ~,~ 3 Yards , Base Preparation for the price, per square yard of 2180 Square 4 Yards Asphalt Concrete,~for the pdce per ton of (,_ ) , 480 Tons Adjustment of Frames, Covers, and Grates to Grade for the price per eac, h of ,__ 6 8 Each Pavement Striping andS/larking for th~ Jump sum 7 Lump Sum ~' /,? · Edge Drain for the price per lirjear .foot of 4020 Linear 8 Ft. ! 4" Solid PVC Plastic Pipe for the price per linear foot of 9 560 Linear FL Edge Drain Connection to Storm Drain for the price per each of 32 Spec. No. 02-02 TOTAL BID AMOUNT ==.-) Total bid amount in words: ~ /~'~~-~-~ ,('~ We, the undersigned, further agree, if this proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within t"~een (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall be understood that he or she has abandoned the contract and that, therefore, this proposal shall be null and void and the proposal guaranty accompanying this proposal, or the amount of said guaranty, shall be forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. Witness our hands this day of ~;'~/'//' * 20 ~ ~ Licensed in accordance with an a~ providing for the registration of California Contractors License No. /.r/'~.-5"~/,~ ~-' , expiration date .~,/~'///,~. ~,-. THE CONTRACTOR'S LICENSE NUMBER AND EXPIRATION DATE STATED HEREIN ARE MADE UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business addresses: Notice: In the case of a corporation, give below the addresses of the principal office thereof and names and addresses of the President, Secretary, Treasurer. 33 Spec. No. 02-02 FAIR EMPLOYMENT PRACTICES CERTIFICATION TO: The undersigned, in submitting a bid for performing the following work by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of the Special Provisions contained herein. AIRPORT PARK BLVD REMEDIATION, PHASE 1 (Signature of Bidder) Business Mailing Address: Business Location: (The bidder shall execute the certification of this page prior to submitting his or her proposal.) 34 Spec. No. 02-02 WORKER'S COMPENSATION CERTIFICATE AIRPORT PARK BLVD. REMEDIATION, PHASE 1 I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this ~Z~ day of ,200 ~'' 35 Spec. No. 02-02 CERTIFICATION OF NONDISCRIMINATION IN EMPLOYMENT AIRPORT PARK BLVD. REMEDIATION, PHASE 1 The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained in Section 301 of Executive Order 10925; that he or she has/has not, filed all required compliance reports; and that representations indicating submission of required compliance prior to subcontract awards. Signature and address of Bidder: Date (This certif'~.,ation shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 36 Spec. No. 02-02 LIST OF PROPOSED SUBCONTRACTORS AIRPORT PARK BLVD. REMEDIATION, PHASE 1 In compliance with the provisions of Sections 4100-4108 of the State Government Code and any amendments thereof, each bidder shall set forth (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction site in an amount in excess of one-half of 1 percent of the total bid and (b) the portion of the work to be done by each subcontractor. 37 Spec. No. 02-02 STATEMENT OF EXPERIENCE OF BIDDER .AIRPORT PARK BLVD. REMEDIATION, PHASE 1 The bidder is required to state below what work of similar magnitude or character he or she has done and to give references that will enable the City Council to judge of his or her experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. 38 Spec. No. 02-02 SIGNATURE(S) OF BIDDER AIRPORT PARK BLVD. REMEDIATION, PHASE 1 Accompanying this proposal is ~;?.. ¢,/~, / '~ ~," .~ ~_~z~ ~-- (insert the words "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: If bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. If a co-partnership, provide the true name of firm and also the names of all individual co-partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. Licensed in accordance with an act providing for the registration of Contractors: License No. /-f'/7 ~ ~ ~ , License Expiration Date ~'y'~'~//~ ~.-- Signature(s) of Bidder: , .,~.~~~~~~ +- NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co-partnership; and if bidder is an indMdual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. Business address: Place of residence: Dated: 39 Spec. No. 02-02 that we, CITY OF UKIAH Mendocino County, California BIDDER'S BOND KNOW ALL MEN BY THESE PRESENTS, , as PRINCIPAL and , as SURETY, are held and firmly bOund unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Ukiah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City (~f Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clerk, Ukiah CMc Center, Ukiah, California, on APRIL 26, 2002 for AIRPORT PARK BLVD. REMEDIATION, PHASE 1 NOW, THEREFORE, If the aforesaid Principal is awarded the contract and, within the time and manner required under the specit"~.~tions, after the prescribed forms are presented to him or her for signatures, enters into a written contract, in the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this A.D. 20 day of (Seal) (Seal) Principal .(Seal) (Seal) (Seal) (Seal) Surety Address: 4O Spec. No. 02-02 NON-COLLUSION AFFIDAVIT Note: Bidder shall execute the affidavit on this page prior to submittinq his or her bid. To City Council, City of Ukiah: The undersigned in submitting a bid for performing AIRPORT PARK BLVD. REMEDIATION, PHASE 1 by contract, being duly sworn, deposes and says: that he or she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract. Signature(s) of Bidder Business Address: Place of Residence: .NOTARIZATION Subscribed and sworn to before me this ~L~ Notary Public in and for the County of My Commission Expires ~. - , State of California. ,20 o 41 Spec. No. 02-02 C) C) 03 C3 C3 0 (D 0 ~~ooo~~o~o ITEM NO. 8a DATE: MAY 15, 2002 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF ORDINANCE AMENDING DIVISION 1, ARTICLE 2, SECTION 62 OF THE UKIAH CITY CODE COUNCILMEMBERS SALARIES CHAPTER 2, REGARDING At its May 1, 2002 meeting, the City Council directed that an ordinance be returned for action providing a one percent annual increase over the last two years for a compensation total of $471 per month. Pursuant to Government Code Section 36516, this increase would not become effective until after the November 5, 2002 election. The ordinance for introduction is attached. Staff recommends that the City Council introduce the ordinance by title only. RECOMMENDED ACTIONS: 1. Move to Introduce by Title Only, Ordinance Amending Division 1, Chapter 2, Article 2, Section 62 of the Ukiah City Code Regarding Councilmembers Salaries. 2. After Title Is Read By The City Clerk, Move To Introduce The Ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine the salaries are not to increased and do not adopt ordinance. 2. Determine ordinance requires modifications, identify necessary changes, and adopt revised ordinance. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: NA City Council Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Ordinance for adoption, page 1. -Candace Horsley, City I~nager mfh:asrcc02 0515CouncilSal ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING UKIAH CITY CODE, CHAPTER 2, DIVISION 1, ARTICLE 2, SECTION 62 ESTABLISHING THE SALARIES FOR COUNClLMEMBERS The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE - FINDINGS AND DECLARATION The City Council of the City of Ukiah finds and declares that this ordinance is enacted pursuant to Government Code Section 36516 for the purpose of fixing the salary of the Mayor and Councilmembers of the City of Ukiah. SECTION TWO - AMENDMENTS Section 62 of Article 2, Chapter 2, Division 1 of the Ukiah City Code is hereby amended to read as follows: §62: SALARIES: Mayor and Councilmembers: The Mayor and Councilmembers shall be paid four hundred seventy-one dollars ($471.00) per month. Any amounts authorized and paid on behalf of such officers for retirement, health and welfare, and Federal social security benefits shall not be included for purposes of determining salary under this Section. SECTION THREE - EFFECTIVE DATE This Ordinance shall be published as required by law and shall become effective thirty (30) days after it is adopted. Salaries of the incumbent Mayor and Councilmembers shall not be affected until a new Councilmember begins a new term of office. Introduced by title only on May 15, 2002 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Ordinance No. Page 1 of 1 ITEM NO. 9a DATE: May 15, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION MAKING APPOINTMENTS TO DEMOLITION PERMIT REVIEW COMMITTEE At the April 17, 2002 Council adopted Resolution 2002-34 amending the membership to the Demolition Permit Review Committee to include one representative of the Mendocino County Historical Society and one City of Ukiah resident with expertise in architecture, building, or a closely related field. The Committee members serve three-year terms. A Press Release was issued on April 22 announcing the vacancies. On May 7, 2002, a letter from the Mendocino County Historical Society was received by the City Clerk's office. It is staff's understanding that the Historical Society does not designate representatives on committees. However, it does provide a letter of support for its membership and encourages its members' volunteer efforts. As of the deadline of May 10, 2002, the following applications were received by the City Clerk's office: William D. French, Jr. and Judy Pruden. RECOMMENDED ACTION: Adopt Resolution making appointments to the Demolition Permit Review Committee. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to re-advertise for all or selected vacancies and reschedule appointments accordingly. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Ukiah City Council Marie Ulvila, City Clerk ~-'L~'Z-~'~-~'...L;~--~Z/-¢¢'.~-~-"~'-~'~----~ Candace Horsley, City Manager 1. Resolution making appointments to the Demolition Permit Review Committee 2. News Release announcing vacancies 3. Resolution No. 2002-34 4. May 6, 2002 Letter from the Mendocino County Historical Society 5. Applications of Candidates to the Committee. 6. Resolution 2001-61: Procedure for Filling Vacancies on City Commissions and Boards Candace Horsley, citY~anager ASR: Commission Appointment to Demolition Pagel o£ 1 ATTACHMENT_.L/ RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE DEMOLITION PERMIT REVIEW COMMITTEE WHEREAS, two vacancies have occurred on the Demolition Permit Review Committee; and WHEREAS, the Mendocino County Historical Society recognizes Judy Pruden as an expert on local history and building history; and WHEREAS, the "public member" vacancy was duly advertised until the close of applications on May 10, 2002, with submitted applications timely received and submitted to Council for consideration. NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approves the nomination submitted per procedures outlined in Resolution No. 2001-61, and hereby appoints to the Demolition Permit Review Committee as its "public member" and as the Mendocino County Historical Society Representative. PASSED AND ADOPTED this 15th day of May, 2002 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: April 22, 2002 Immediately Vacancy on City of Ukiah Demolition Permit Review Committee Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there are two (2) vacancies on the Demolition Permit Review Committee effective immediately. The term of office is for two years. One vacancy is for a City of Ukiah resident with expertise in architecture, building, or a closely related field. There is also a vacancy for a representative of the Mendocino County Historical Society or other group/organization involved with local history, or a local historian. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer may apply for these vacancies. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed or faxed to you. The submittal deadline is May 10, 2002 at noon. The appointments to the Demolition Permit Review Committee will be considered at the City Council's regular meeting on May 15, 2002. Marie Ulvila, City Clerk C~ KUKI/KIAH KPFM KWNE KOZT KFWU KZYX KMFB PRESS DEMOCRAT KNTI UKIAH DAILY JOURNAL If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. Press Release: Demolition Permit Review Committee 300 sEMINARY AVENUE UKIAH, CA 95482_5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www. cityofukiah.com RESOLUTION NO. 2002-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RESOLUTION NO. 94-34 ESTABLISHING A DEMOLITION PERMIT REVIEW COMMITTEE A13'ACHMENT_ ~ WHEREAS, the Ukiah City Code prescribes that Demolition Permits for buildings in excess of 50 years old must be authorized by the City Council; and WHEREAS, the City Council desires research and recommendations regarding these Demolition Permits, particularly the feasibility of rehabilitation or relocation of the structure, and salvage of archaic materials; and WHEREAS, an advisory committee will assist the City Council in its evaluation of these Demolition Permit requests; NOW, THEREFORE, BE IT RESOLVED that: 1. Resolutions 93-55 and 94-34 are superceded by the adoption of this Resolution. 2. There is hereby created a Demolition Permit Review Committee. This advisory body shall report to the City Council. 3. The Committee shall consist of five (5) members who shall be appointed by the City Council as follows: a. Director of Planning and Community Development or assigned designee. b. Director of Public Works/City Engineer or assigned designee c. Building Inspector or assigned designee. d. A representative of the MendoCino County Historical Society or other group/organization involved with local history, or a local historian. e. A City of Ukiah resident with expertise in architecture, building, or closely related field. RESOLUTION NO. 2002 -34 Page 1 of 2 4. The appointments of Staff do not expire, but the remaining members terms expire after three (3) years of service. Reappointments to the Committee shall be made in accordance with Ukiah Municipal Code Section 1200. 5. The members of the Committee shall receive no compensation, except such actual expenses incurred in the performance of their duties as shall be approved in advance by the City Council. 6. The Committee shall elect a chairperson from among its members, may elect such other officers as it may deem appropriate, and shall meet at the Ukiah Civic Center - 300 Seminary Ave., Ukiah, to conduct business as needed. 7. The duties of the Demolition Permit Review Committee shall include: a. Research of historical, cultural, and architectural significance of the subject structure. b. Evaluation of the feasibility of rehabilitating or relocating the structure if it is deemed historical. c. In the event that the structure is found to have historic or architectural significance, determine if the salvaging of historic materials is feasible. d. Recommendation to the City Council regarding whether any of the criteria listed in Ukiah City Code Section 3016(E) apply to the subject structure, and whether or not the Demolition Permit should be issued, issued with conditions, or denied. PASSED AND ADOPTED this 17th day of April 2002, by the following roll call vote: AYES: Coun¢ilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku NOES: None ABSENT: None ABSTAN: None ATTEST: Marie Ulvila, City Clerk Philip ~shiku, Mayor Resolution 2002- 34 Page 2 of 2 l--teld-Poage Hemorial Nome FI. C. M. S. I-teadquarl:ers Marie Ulvila, City Clerk 300 Seminary Ave. Ukiah, CA .95 82-5 O0 HELD POAGE HISTORICAL RESEARCH LIBRARY 603 W. Perkins Street, Ukiah, Calit:orni,, 95482 ~ay 6; 2002 PLEASE ADDRESS RI:PLY TO 'CITY OF UKIAH Cf'FY CLERK'S DEPARTMEN? i ' i , i Ill Ill it , . Dear Ms Ulvila: In reply to your letter of April 22, 2002 concerning vacancies on the Demolition Permit Review Committee, we recognize Ju. dy Prudeu as an expert ou local history and building history. If we can be of any further assistance, please contact me. Our Held Poage Library is open Monday through Saturday from I pm to h pm. Sincerely, ~ MRS.- L~'" J. LEE, . HELD POAGE DIRECTOR CITY OFUKIAH ]i~"~ ~ i .~,TT^CHMENT--~. DATE: 'C.--/ ~' 3C-~ - O "~"~- MAY ! 2002 ~ -- CITY OF UKIAH · · · , ..,L ,,~.c~,c~,~;;~j~P_ z I am applying for an appmntment to the C~ty of Uk~ah s Demol~bo,,. ,. ............. ~,~r ..~.... 2. Residence Address '~ ~""L~ 3. Business Address ~'0- 4. Employer. [~,-~ ~o i, e.. ~ 5. How long have you resided in Ukiah? ._~' (_~q: Iq-. .~?T'. _~ Res. Phone [ L-I ~ 1[, C(: ~(~,l~us. Phone Job title Employed since years; Mendocino County? ~' C/ California?_.~...~ Please list community groups or o~rganizations yc~u are affiliated with and list any. offices held. Please answer the following questions on separate sheets of paper and attach. 7. Do you live within the Ukiah City Limits? Why are you applying to serve on the City of Ukiah's Demolition Permit Review Committee? What is your understanding of the purpose, role and responsibility of the Demolition Permit RevieW Committee? . 10. What is your understanding or experience with the historical preservation of buildings within the City Limits of Ukiah? 11. 12. 13. What type of design, architecture, building, or other closely related field do you have? What has been your involvement with the local history of the City of Ukiah? How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Demolition Permit Review Committee? 14. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? Please return this application and attachments to the City Clerk by Noon on May 10, 2002. Thank you for your interest in serving the City of Ukiah. Forms: Demolition Permit Review Committee Application 2002 Demolition Permit Review Committee Application William D. French, Jr. 7) I live within the City limits, right behind Rite Aid. 8) I believe the future of this community is in the hands of those that participate in the planning process. It is important to improve our economic situation while at the same time preserving our historical and cultural heritage. This is something that I want to be a part of, so that my nieces and nephews can have a community that is not economically depressed while at the same time having it retain its history, for them to be proud of. 9) My understanding is that the Demolition Permit Review Committee reviews permits that landowners have filed in order to get approval to demolish structures that are at least 50 years old. During this process it is decided whether a structure has any historical, architectural, or cultural significance to this community. 10) There has been a movement for many years now to preserve and restore our historic structures. I have personally been involved in preserving the 5 remaining original light fixtures from the 1942 Safeway Stores building. This building had to be demolished due to major structural problems. I have been able to spend a little of my time recently in trying to help preserve at least the front wall of the original section of the Palace Hotel. I have done this by calling the National Trust For Historic Preservation, and the California State Office Of Historic Preservation. My time has been limited seeing that I am having surgery May 3rd. 11) My training has been in Graphic Design. I have been informally studying architecture for the past 10 years, focusing more on photographic identification, rather than academic study. 12) My involvement in local history has been minimal as of late. I collect historic images of Ukiah and am planning a book on the lost architecture of our valley. As mentioned above, I have in my possession 5 light fixtures salvaged from an historic structure, as well as pieces of the former Savings Bank and other structure that have been demolished. I also collect books and videos on local history and hope to one da.v see a history museum and research facility opened in our downtown area. 13) I believe that this community has a wonderful opportunity. We can grow smartly to improve the living and economic conditions of the people that live here. One of the ways that this will be accomplished is by demolishing some of our current structures and replacing them with ones that fit our needs. This could also including gutting current structures, and reconstructing the exteriors of buildings that have already been lost. I feel that I can help guide this process along, and help make decisions that will help us in the future. 14) At this time my focus is on helping the City of Ukiah make wise planning decisions and so I am not interested in serving on another Board or Commission at this time. CITY OF UKIAH APPLICATION FOR DEMOLITION PERMIT REVI ~?"D~ : ~ ~ACHMENT--~--'~ I~~',~MMITTEE ,i MAY -7 2002 CITY OF UKiAH CITY CLERK'S DEPARTMENT ! am applying for an appointment to the City of Ukiah's Demolition Permit Review Committee 2. Residence Address y 3. Business Address --¢~ '- Res. Phone Bus. Phone 4. Employer ~I'¢L. 5. How long have you resided in Ukiah? Job title/Z:YO/O./72~,¢r Employed since ~ years; Mendocino County?¢-~_~ California?~ 6. Please list community, groups .or organizatio.ns you are affiliated with and list any offices held. , P')~nrl~ . CO. _ffi/~-lorlCQ/ 5'0c/¢_z¢; ff]n_/?dO. Co /??~'3¢¢/~ C~du/~oul Please answer the following questions on separate sheets of paper and attach. 7. DO you live within the Ukiah City Limits? 8. Why are you applying to serve on the City of Ukiah's Demolition Permit Review Committee? 9. What is your understanding of the purpose, role and responsibility of the Demolition Permit Review Committee? 10. What is your understanding or experience with the historical preservation of buildings within the City Limits of Ukiah? 11. What type of design, architecture, building, or other closely related field do you have? 12. 13. What has been your involvement with the local history of the City of Ukiah? HOw do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Demolition Permit Review Committee? 14. Are there any other City of Ukiah Committees/Commissions in which you are interested, and on which you would be willing to serve? Please return this application and attachments to the City Clerk by Noon on May 10, 2002. Thank you for your interest in serving the City of Ukiah. Forms: Demolition Permit Review Committee Application 2002 2_ orca c/ : o lo ~ ~ pl~q~ ha · Oo c l'C L ~5~/'e n c ~ ~ n cZ l~n p IAvl~ /2.. C /'T Z-e /'),.5 oT- d../K'/'c'7 /5 l o 6 cr [ 17 i~ zo rq r ?hi3 Fnc F//'a 2 ~ x h /'b /' ?~ czn ct ,,~ . _.,5,~/_Z e_ , ex_.L~er/ ¢,o c_o_. ( ATTACHMENT_.~.._ RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and councilmembers; 4. The City Council has determined to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant: a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resoKition, establishing the commission or board; and An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: 1. Incumbents seeking reappointment for an additional term; 2. Elected officials seeking appointment in tl~eir capacity as elected officials; 3. City staff seeking appointment in their capacity as City staff; 4. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; 5. City Council members, including the Mayor, appointed in their capacity as City Council members; and 6. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. The City Clerk shall furnish the City Council with any applications previously filed by such applicants. 2. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. c. A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. (1) The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. (2) When another vacancy must be filled on that commission or board, the next Councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. AYES: PASSED AND ADOPTED this 6th day of June, 2001, by the following roll call vote: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku NOES: Councilmember Libby ABSTAIN: None ABSENT: None ATTEST: Marie Ulvila, City Clerk Philip A~hir~u, Mayor 9b ;.. AGENDA SUMMARY ITEM NO. DATE: May 15, 2002 REPORT SUBJECT: AUTHORIZATION OF THE CITY MANAGER TO EXECUTE CONTRACT WITH MENDOCINO COUNTY PROBATION DEPARTMENT FOR WEED ABATEMENT TO A MAXIMUM OF $7,500. Over the past ten years, the City has steadily reduced the use of herbicides and incineration methods to abate weeds on public property. The cut back in the use of these methods has placed the burden on limited City staff to manually eradicate weeds. Thus, the proliferation of weeds on public property including sidewalks, parking lots, and parks has occurred and creates visual blight and a nuisance. In an attempt to address this issue and avoid high labor cost, staff is proposing to contract with Mendocino County Probation Department to provide a supervised juvenile labor force to remove the weeds and perform other special projects such as curb painting and debris removal. Under the proposed contract, the Director of Community Services and the City Engineer will authorize work. The cost billed to the City will be primarily for the supervision of the juvenile work force. The City previously contracted with County Probation for labor services at the landfill under a similar contract. In addition, County Probation is currently working with the City through the shopping cart pick-up program. The cost for this program will be split equally from the Parking District Fund, Public Works, and Parks. The initial contract amount to be encumbered is $7,500. Additional funds for weed abatement are proposed in the Fiscal Year 2002/03 Budget. Attached for the Council's review is a draft agreement with County Probation for the proposed services. Staff believes this program offers a cost effective method to continue the Council's policy of a reduced herbicide vegetation management program without increasing City staff or detracting from other maintenance needs. Staff is therefore recommending authorization for the City Manager to execute the contract. RECOMMENDED ACTION: Authorize the City Manager to execute a contract with Mendocino County Probation Department for weed abatement to a maximum of $7,500. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine contract is not to be awarded and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Mike Mihalyo, Mendocino County Probation Department Candace Horsley, City Manager Sage Sangiacomo, Community Services Supervisor Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director Draft Contract APPROVED: ~"~.>, ~z:~m~:~~ Candace Horsley, Cit~Mana§er SERVICE AGREEMENT FOR JUVENILE WORK PROGRAM With THE CITY OF UKIAH This Agreement, made and entered into this day of ,2002, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and MENDOCINO COUNTY PROBATION DEPARTMENT, hereinafter referred to as "Service Provider". RECITALS This Agreement is predicated on the following facts: ao City requires services which will involve but not be limited to weed abatement, brush clearing, painting, and debris removal at various locations within the City of Ukiah. 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. Co City and Service Provider agree upon the Scope-of-Services as specified in Paragraph 2.0 of this Agreement. 1.0 1.1 2.0 2.1 2.2, TERMS OF SERVICE AGREEMENT DESCRIPTION OF SERVICE Service Provider shall provide a juvenile work crew to perform miscellaneous work at various City locations. SCOPE-OF-SERVICES Service Provider shall perform work as required under the direction of the Director of Community Services and City Engineer. This work shall include, but not be limited to: weed abatement, brush clearing, painting, and debris removal. Additional Services. 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. Agreement for Juvenile Work Program At Various City of Ukiah Locations Page I of 5 3.0 CONDUCT OF WORK 3.1 4.0 4.1 4.2 4.3 4.4 5.0 5.1 Hours of Service. Service Provider shall coordinate work hours with the Director of Community Services. COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated on an hourly basis, at a rate subject to City approval, not to exceed a maximum total compensation of $7,500. 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 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. Payment shall be made to Service Provider within 30 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. Service Provider shall furnish City with evidence satisfactory to City that probationers providing services under this Agreement are covered by worker's compensation insurance as required by State law. Agreement for Juvenile Work Program At Various City of Ukiah Locations Page 2 of 5 6.0 CONTRACT PROVISIONS 6.1 Indemnification. Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or its officers, agents or employees while performing services under this Agreement. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. 6.2 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. 6.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 6.4 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. 6.5 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 6.6 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. 6.7 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 Juvenile Work Program At Various City of Ukiah Locations Page 3 of 5 6.8 6.9 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 Oriqinals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. 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 DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 MENDOCINO COUNTY PROBATION DEPARTMENT POST OFFICE BOX 303 UKIAH, CALIFORNIA 95482-0303 Agreement for Juvenile Work Program At Various City of Ukiah Locations Page 4 of 5 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CITY OF UKIAH MENDOCINO COUNTY PROBATION DEPARTMENT BY: BY: CANDACE HORSLEY CITY MANAGER ROBERT MCALISTER CHIEF PROBATION OFFICER ATTEST: MARIE ULVILA DATE CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY, CITY OF UKIAH DAVID J. RAPPORT B:AGREEMENTS JUVENILE Agreement for Juvenile Work Program At Various City of Ukiah Locations Page 5 of 5 ITEM NO. DATE: MAY 15, 2002 AGENDA SUMMARY REPORT SUBJECT: SETTNG OF DATE AND TIME FOR CONSIDERATION OF FISCAL YEAR 2002- 2003 BUDGET ACCOMPLISHMENTS AND OBJECTIVES A very relevant step in the budget process is the City Council's review of the individual departments past year's accomplishments and consideration of the upcoming year's objectives. This is an opportunity for dialogue between the Council and Staff regarding the City's programs, projects, and priorities for the next fiscal year. Staff is requesting the City Council set a date and time for this discussion. This subject generally takes two hours to complete. Staff suggests this matter be presented before the next regular Council meeting (June 5), beginning at 4:00 or 4:30 PM, or at a special meeting on a Thursday afternoon when both Mayor Ashiku and Vice-Mayor Baldwin are generally available. The Council should consider each member's calendar and set the City Council budget accomplishments and objectives presentation accordingly. RECOMMENDED ACTION: Set date and time to present the 2002-2003 City of Ukiah Fiscal Year Budget Accomplishments and Objectives. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine other date and time are more appropriate and set those as desired. 2. Determine presentation of the Accomplishments and Objectives is not required and do not set date. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager . - r, ~'~,, Michael F. Harris, Risk Manager/Budget Officer~,t.~~~J~-~~ Candace Horsley, City Manager None Candace Horsley, City ~anager mfh:asrcc02 0515GOALSSCH 9d ITEM NO. DATE' MAY 15, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ENCOURAGING USE OF CLEAN EMISSION VEHICLES The Redwood Empire Branch of the American Lung Association has sought the City's assistance in meeting its mission to create lung healthy communities. Particularly, it has requested (attachment #2) the City Council adopt a resolution promoting clean air and supporting alternative fueled vehicles. As the Council is aware the City is pursuing several avenues of maintaining and enhancing the air quality of the valley, including implementation of the bike and pedestrian plan, extensive tree plantings throughout town, installation of photovoltaic systems on the Civic Center addition, and use of zero emission vehicles for utility meter reading and parking enforcement. Staff believes a resolution of support and encouragement for resident awareness and action is appropriate for consideration by the City Council. It states the endeavors the City has taken toward the goal of a clean environment and provides some leadership to the community to address its issue. RECOMMENDED ACTION' Adopt Resolution Encouraging Use Of Clean Emission Vehicles ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine other date and time are more appropriate and set those as desired. 2. Determine presentation of the Accomplishments and Objectives is not required and do not set date. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager .~ , it j/'~l, , Michael F. Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, page 1. 2. April 30, 2002 letter from American Lung Association, page 2-3. APPROVED:!,,,(~__, Candace Horsley, City~4anager mfh:asrcc02 051 SLung RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ENCOURAGING THE USE OF CLEAN EMISSION VEHICLES WHEREAS, More than ½ of California's air pollution comes from mobile sources, such as cars, trucks, and buses; and Conventional cars degrade with use and become serious sources of pollution and as our population grows, the gains we have made in cleaning our air will inevitably erode; and "Upstream emissions" from gasoline, including those from refineries and from diesel trucks delivering the fuel, are significant contributors to unhealthy air; and A wide variety of Iow emission vehicles in many applications are now available from many manufacturers in ultra-low emission (ULEV), super-ultra-low-emission (SULEV), and zero-emission (ZEV) configurations, powered by gasoline, natural gas, hybrid electric, and battery; and Zero emission vehicles can assure clean air now and for many decades to come; and Reducing air pollution is a shared responsibility, requiring the participation of all communities and their community members; and Cities can lead by example so that residents and businesses will also willingly participate in clean air programs; and Significant incentive funding is now available through local Air Districts and the California Air Resources Board for cities to acquire ULEVs, SULEVs, and ZEVs; and The City of Ukiah has leased four ZEVs and uses them in its fleet with uniformly positive experiences; and Despite limited availability, the ZEVs have received rave reviews from fleet operators demonstrating much lower operating costs than conventional vehicles. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah City Council recognizes the numerous benefits and values of ultra Iow, super-ultra Iow, and zero emission vehicles, encourages the community's use of these vehicles, and plans to continue, if economically feasible, the use of clean emission vehicles for appropriate tasks and duties with the intent of maintaining the high air quality enjoyed in the Ukiah valley. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Ukiah this 15th day of May 2002, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Marie Ulvila, City Clerk Resolution No. 2002- Page I of 1 Phillip Ashiku, Mayor FROM : AM LUNG ASSN REDWOOD EMP. PHONE NO. · 707 542 6111 Mag. 02 2002 10:30AM P1 ~edwood Empire Branch [ 1~ Talbot Avenue [anna Rosa, CA 95404-&033 RO, Box 1746 Sm:la gLo~l, CA 95402.. 1746 Phone:(?0?) S27-5864 1-800-LUNO-USA luD~u.~,~ ~-.~e.com WWw.e~iforai~l-nS.o~ S~viag SONOMA. NAPA MARIN, MENDOClNO, LAKE;, HUMBOLDT ;md DEL NORTE Counties When You Can't Breathe, Nothing Else Matteree April 30, 2002 City of Ukiah Marie Ulvila, City Clerk 300 Seminar Avenue Ukiah, CA 95482 1: AMERICAN LUNG ASSOCIATION, of California Dear Ms. Ulvila, The American Lung Association of California Redwood Empire Branch needs your help. We ask your city to consider adopting the attached resolution (also available on disc or via emaii by request). May is the American Lung Association's Clean Air Month when we issue our report card on the state of our nation's air quality. According to the Caifornia Air Resources Board, about 25 percent of the Bay Area's air pollution travels inland, contributing to high air pollution levels in the Sacramento area; reaching as far as Fresno. We all contribute to air pollution. Reducing air pollution and greenhouse gases is a shared responsibility, requiring the cooperation and participation of every community and its members. What better way to promote clean air than by showing your support for alternative fueled vehicles and for the city's preference for the lowest emission vehicles? Clean air is a valuable community resource. We hope Ukiah will join other local governments in becoming shining examples of clean air leadership. Please help the American Lung Association in our mission to create lung healthy communities. Thanks in advance for your support. We request that this be adopted as a resolution, not a proclamation, If you have any questions, please call me at your earliest convenience. Sincerely, Clean Air Program Director Eric. Procurement Resolution FROM : AM LUNG ASSN REDWOOD EMP. PHONE NO. : 707 5~2 6111 Ma~. 02 2002 10:30AM P2 American Lung Association of Californin Clenn Vehicle Resolution Whereas, More than 1/2 of California's air pollution comes from mobile sources, such as cars, trucks, and buses. Whcreas, Conventional cars degrade with use and become serious sources of pollution. As our population grows, the gains we have made in cleaning our air w/Il inevitably erode. Whereas, "Upstream emissions" from g~.solinc, including those from refineries and from diesel trucks delivering the fuel, are significant contributors to unhealthy air. Whereas, A wide variety of low emission vehicles in many applications are now available from many manufacturers in ultra-low emission (ULEV), super-ultra-low-emission (SULEV), and zero.emission (ZEV) configurations. Some are powered by gasoline, some natural gas, some hybrid electrics, and some are battery-powered electrics. Whereas, Zero emi~ion vehicles can assure clean air now and for many decades to come. Whereas, Reducing air pollution is a shared responsibility, requiring the participation of all communities and their community members. Whereas, Cities can and should play a significant role. Cities are significant users of vehicles and equipment, and they regularly purchase new vehicles and equipment. Whereas, As public institutions cities have a responsibility to serve the public interest and avoid creating air pollution themselves whenever possible. Whereas, Cities can and should lead by example so that residents and businesses will also willingly participate in clean air programs. Whereas, Significant incentive funding is now available through local Air Districts and the California Air Resources Board for cities to acquire ULEVs, SULEV~, and ZEVs. In addition, cities are provided special funding each year through AB 2766 funds that can only be spent on reducing air pollution. Whereas, Many citie~ have based or purchased ULEVs, SULEV$, and ZEVs and use them in their fleets on a day-to-day basis. Their experience has been uniformly positive. Wherea3, Despite limited availability, the ZEVs have received rave reviews from fleet operators. Operating costs are much lower with ZEVs than conventional vehicles. Whereas, Some cities have shown special leadership and have adopted procurement policiva that give preference to the cleanest available vehicles suitable for each application. THEREFORE, BE IT RESOLVED that the City of__ , _ shall identify and give preferanee in its vehicle procurement to the lowest emission vehicles available, practical and reasotmbly cost competitive for a given application or where funding is available to assure that ~ch vehicles are reasonably cost competitive. Public safety and emergency vehiele~ shall be exempt from this policy. UKZAH REDEVELOPMENT AGENCY REGULAR MEETZNG CZVZC CENTER COUNCZL CHAMBERS 300 SEMINARY AVENUE MAY 15, 2002 8:00 P.M.* li 1 i Sm i Si i ROLL CALL AUDIENCE COMMENTS ON NON-AGENDA ITEMS The Ukiah Redevelopment Agency welcomes input from the audience. ]:n order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments. APPEAL PROCESS Persons who are dissatisfied with a decision of the Redevelopment Agency may have the right to a review of that decision by a court. The Agency has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety (90) days the time within which the decision of the City Boards and Agencies may be judicially challenged. APPROVAL OF MINUTES a. Regular Meeting of April 17,, 2002 NEW BUSINESS a. Adoption of Resolution Allocating Housing Setaside Funds, 2001/02- Spring COMM~'SS~'ONERS REPORTS EXECUTIVE DIRECTOR REPORTS CLOSED SESSION AD3OURNMENT *Or as soon as the meeting may be held in conjunction with the City Council meeting.