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HomeMy WebLinkAbout2001-08-15 Packetin appreciation for the dedication, long term support~ andcontinuing efforts on behal£o£ ~ the City o£ Ukiah, the Sun House, and the Grace Hudson Museum, VVHERF~S~ the Sun House Guild was formedin June 1978 to '~...further the development and continuance of the Hudson-Carpenter Complex...and...raise funds for carrying on the work of the Hudson-Carpenter Complex... "and immediately began its charge ~th the formal public opening o£the Sun House during the '~Sun House Celebration ~ October 7 and S~ 1978; and ~?~I-IERF~S~ the numerous fundraising activities have included elegant dinners, ~qne and cheese tastings, arm and crafts shows, auctions of the unique; pancake breakfasts, park picnics, home tours, golf, tennis, and domino tournaments, olde tyrne fashion shows, runs in the vineyards, San Francisco Cable Car Bell Ringing contests, museum opening night tloor sighings, special ~qne labels, and many other memorable and distinctive even~, and VVttERF~AS. the Guild has pro~ided leadership in this truly community-~qde venture, securing ~'nancial gran ts from out of area foundations, andspearheading n~e successful endeavor to have the Sun House h'sted on the National Register o£Historic Places; and VV~tERF~AS, the Guild raised more than $2 million for the construction o£ the original museum, opened in 1986 and dedicated to Dr. Searles R. Boynton, author of '~he Painter Lady~' and Barbara Eversole *~V~ho made our Wslon become a reality~, and Vv~ttERF~AS, the Sun House Guild, through the innumerable individuals who, over the years~ have given their energy, time, effort~ andsoul to the cause, con,hues its invaluable work into the 2ft century, operating the Museum Store and Docent program, promoting the Museum and the Sun House, and funding exhibits and special projecu~' and Vv~tERF~AS, ~4thin nvo and one half years o£ beginning the campaign, the Guild raised more than $1 million to remodel the eMsting facility and build and endow the Ivan B. and Elvira Hart Vv~'ng dedicated on June 10, 200L' and Vv~HER~t~S~ this new addition serves as the permanent home for Grace Hudson ~s pain~ngs and other art~ allo~qng everyone who visits the museum the opportunity to ~qew Ukiah ~s precious heriaage, enjoy the serene displays, and experience the brilliance and wonder o£this local master. NO V~, THEREFORe, I, Philh'p Ashiku, Mayor of the City of Ukiah, on behMf of my fellow Councilmembers, Phil Baldwin, Kathy Libby, Roy Smith, and Eric Larson, all City of Ukiah staff, and the people o£the City of Ukiah, do hereby commend the Sun House Guildand the dedicated individuMs who generate its spirit and steadfastness, for the incredible efforts to enhance the cultural environment and artistic understand'hi v, qthln our community as eWdenced by the new addition to the Grace Hudson Museum, and extend our sincere appreciation for the continued good wort~ and commitment on behalf o£the Sun House andMuseum to insure the talen~, gif~ d genius of Grace Carpenter Hudson are preserved and remain a Ukiah legacy. Philh'~ Ashiku, Mayor PROCLAMA HON VVHH~ on August 26, 1920 the 19th Amendment to the U~, Consn'tun'on gave women in this Country the r~ht to vote,, and WHERE~S, August 26has been designated as *~Vomen *s Equah'ty Day~; in recognin'on o£ the annivemary o£suffrage* and annuM observances of this anniversary and of women's corm'hued I4/'I-tERF_218 much progre.~ has been made on the Iong./oume? toward equality [or all ~ Americans, enabling women an equal opportunity to deveIop their ~ poteno'al and make contr~'bun'ons that are accepted and welcomed by our societ~ and VVHEP~4~ cont~ued e~CorLy toward this padty are being made so that our ~eedom as a Nan'on ~ be compIete,, and WHEHE~ '~Vomen ~s Equah'ty Oa~' should be both a celebran'on of past achievement and a promise for the future! a promise to promote and protect v~th v~gor and v~ilance the r~hts o£ all our citizens,, a promise to decry the poh'cies o£ exclusion and to pumue the ideal o£ equality for every American! and a promise to empower all o£our people to ta~e their ~ghtful place as full and equal partners in the great Ame~can enterprise. NOW, THEHEFORE~ I, PhHh'p Ashi~u, Mayor of the City of Uldah, on behalf of my fellow City Councilmembem, Phil Bald~4n, Kathy Libby, Roy Smith, and Eric lamon, do hereby proclaim August 26~ 200L as [VOMENS UALITYDA Y to commemorate the great victory o£ ~sdom over ~norance embodied by the 19th Amendment to the Constitun'on and call upon the people of Uldah to o~serve this day ~4th approp~ate programs and acn'vio'es. Date; August 1~, 2001 ITEM NO. 6a DATE: AUGUST 15, 2001 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE, TIM ERIKSEN, CIVIL ENGINEER Tim Eriksen has recently joined the City's Engineering and Public Works Department as a Civil Engineer. The week before he arrived at the City he received notification that he had successfully passed the Professional Engineers Exam, on the first try, which is no small accomplishment. Tim was raised in Ukiah and attended school here. He went on to study at Cai Poly Pomona and San Diego State University in the fields of engineering and business, and received his Bachelor of Science degree in Civil Engineering at San Jose State University. Tim has been working in engineering and construction since 1987. While studying engineering and after graduation, he held a variety of positions including Senior Engineering Aide and Assistant Engineer in the County of San Mateo Public Works Department for seven years. He also worked for Scates Construction, a general contractor in Santa Clara, and for Underwood and Rosenblum Civil Engineering in San Jose. In 1999 Tim pursued his desire to return to Ukiah and went to work for Rau and Associates. A significant portion of his work has been in the areas of traffic and street design, grading and paving design, and in the administration of construction projects. He is well versed in various software applications, particularly Autocad. The City has a number of improvement projects which intrigue him. Tim and his wife Denise live here in Ukiah with their two small children. He enjoys coaching "6- and-under" soccer, and works off his tension by golfing, and playing softball and tennis. He and his family also spend time camping and skiing. As you know, the Public Works and Engineering Department has been short of staff for sometime. We are both excited and relieved to have Tim on board. RECOMMENDED ACTION: Join Staff in welcoming Tim Eriksen, Civil Engineer, to the City family. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A N/A Diana Steele, Director of Public Works/City Engineer~7,.',,~-~% Candace Horsley, City Manager None Candace Horsley, ~'ity~~,lanager mfh:asrccO1 0815Tim ITEM NO. 6a DATE: AUGUST 15, 2001 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE, TIM ERIKSEN, CIVIL ENGINEER Tim Eriksen has recently joined the City's Engineering and Public Works Department as a Civil Engineer. The week before he arrived at the City he received notification that he had successfully passed the Professional Engineers Exam, on the first try, which is no small accomplishment. Tim was raised in Ukiah and attended school here. He went on to study at Cai Poly Pomona and San Diego State University in the fields of engineering and business, and received his Bachelor of Science degree in Civil Engineering at San Jose State University. Tim has been working in engineering and construction since 1987. While studying engineering and after graduation, he held a variety of positions including Senior Engineering Aide and Assistant Engineer in the County of San Mateo Public Works Department for seven years. He also worked for Scates Construction, a general contractor in Santa Clara, and for Underwood and Rosenblum Civil Engineering in San Jose. In 1999 Tim pursued his desire to return to Ukiah and went to work for Rau and Associates. A significant portion of his work has been in the areas of traffic and street design, grading and paving design, and in the administration of construction projects. He is well versed in various software applications, particularly Autocad. The City has a number of improvement projects which intrigue him. Tim and his wife Denise live here in Ukiah with their two small children. He enjoys coaching "6- and-under" soccer, and works off his tension by golfing, and playing softball and tennis. He and his family also spend time camping and skiing. As you know, the Public Works and Engineering Department has been short of staff for sometime. We are both excited and relieved to have Tim on board. RECOMMENDED ACTION: Join Staff in welcoming Tim Eriksen, Civil Engineer, to the City family. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Diana Steele, Director of Public Works/City Engineer('7 ,~}~1.~> Candace Horsley, City Manager None APPROVED~,. ' ,.~ Cand~ce Horsley, rJity~anager mfh:asrcc01 0815Tim MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting 7a Wednesday, June 6, 2001 The Ukiah City Council met at a Regular Meeting on June 6, 2001, the notice fo~,,::~~ been legally noticed and posted, at 6:35 p.m. in the Civic Center Council Cb,~~rs, Seminary Avenue, Ukiah, California. Roll was taken and the following Co~!!member were present: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. St::~ff:.~,:~,.~"~~t:,,:Public Utility Director Barnes, City Treasurer Carter, Community Se~ices D~br DeK~9~gh, Police Captain Dewey, Finance Director Elton, Assistant City ~~ger Fierr~.~: ~i~y Manager Horsley, City AEorney Rappo~, Deputy Public Wo[~ Dire~ ~eanor, Works Director/City Engineer Steele, Planning Director Stu~:~?~and City~:~i~rk Ulvila. 2. PLEDGE OF ALLEGIANCE ........ ....... ~:'~:'~: Mayo r As h i ku I ed t h e p I ed g e of all e g ia n ce. 3 PRESENTATION .... ~:~:~::::~::~:.~:.:.~:.:.~:~:::.~' :::::::::::::::::::::?::::::::: ::::: :::: ...... :.~:. ~::~:. ~:~:.~:~ ~::~":. ~:.:~:.~ ..... 3a. Presentation by Public Financial Man~em~R~ding::City Investments City Manager Horsley advised that Public Financial Man~ ~ent (PFM) Group manages the City's investments, and on an annual basis the City requ~S~?a, representative speak to the City Council concerning the City's current investment sta{~ ?~::~:~ ~.?~ Nancy Jones, M~naging air~'~?~;~Si~,~ed information ~ ~ncil concerning the repo~ on the City s investme~?,~0~tio, cit~~::~ ~[e.r Allen C~:er assisted Ms. Jones in the presentation. The City's po~!::io is we~[,~,,~~i~;~;.;~',;;sector and issuer and the City's po~olio is of vew high credit ~!ity..:~, .... regar8 ~ ~"~turity distribution, the core po~olio is primarily invested in the=~::'~:~'~8,~;~,,~ range ~:;~:~'~' has excellent liquidity. She continued to dis~(i,~[~rest rate trenS;(~.:~:.~,' the PFM s{atement and details of securities :~ ~ ':~ ~:: ::~::~ ::~ ~::::~: .:~:~:~::~:~=~ Oiscussi~llowed con~ning the City's :~~'ment po~olio. 3b. S ~~~~ in Mendocino County- Cyndee Logan Cyndee Logan?~?t Manager for the No~h Coast Railroad Authority, explained that ~~:r-sea fiber::~;~¢abl~::::~j~s located in Point Arena and it looks like another one will be ................ I'~'~ ~ere as wel'i?~;~be~ ~de the following recommendations regarding to the City when ~:~ating with t~mmunications companies about fiber optics: - Have ad~:~ual revi~:'0f the encroachment permit issues to the applicant. - Work wit~:~COG to pool resources -Take into ~sideration the loss of road life and possibly incorporate it into the permit process. ~:: Design~::hich route the carrier should follow. ?~ith an engineering firm monitor their construction and bill costs to the t6~'~ ~unications provider. Regular Meeting June 6, 2001 Page 1 of ]8 Discussion followed concerning connections located below ground as a connection point for the fibers so tie-ins could be made. There was also discussion concerning when the telecommunication companies could trench and the loss of life of roads. MCOG's interest in fiber optics was also discussed. It was noted that many communities are planr when trenches are dug in streets and utilities are undergrounded, empty purchased by the local government and laid into the trench. This can be sol~ t e le o o m m u n i catio n o r g a n i zatio n s, o r fo r ct h e r n e ed s. 3c. Presentation from Applied Development Economics ace Hotel Re-Use Grant Project Wes Ervin, representing ADE, advised they have been contracted ~to feasibility analysis of the re-use of the Palace Hotel. He ad~i~;~,,,that cope of includes review of background information on the Ho~ii ii¥~':~di~,measUrements and drawings and conducting a structural and Building CQd~ ~'~mplia'~!~ review. A demand analysis/market analysis of the re-use of the Hotel h~i ~::~n completed. Options for re-u~ and community interviews have been conducted. ................................. Will resd~ i~,?:ii~esign alternatives and a cost report to determine whether it is feasible the Hotel. A critical component of the study is a structural and seismic grant application was approved by the City Council, Program, for a seismic analysis for the Hotel. The $15 analyses will not be enough design sketches will be provide~ Mr. Jaime Hurley re housing, ground floor commercial, at demographic data, conducted market conditions. He discussed recommended parking. Ihebuilding. Recently a the Downtown Rebound rant fo[,,~::~:,all the seismic estimate and provided. re~'~:'~::options that included Their methodology looked and looked at the local options available and all of the five reuse options, plus 3d. bene~:s th that the cost Commerce is re~ enable~~ to l of Commerce :he Chamber of Commerce, discussed the City and the inquiries they receive. She noted ad in the last couple years. The Chamber of funds in the amount of $25,000, as opposed to $19,000 from last promotes the City in everything that it does and the City's that the Chamber provides to the City of Ukiah will service for visitors and residents. Councilme'~er Libby inquired if there has been any thought to having the Conference Center's reci desk open on Saturday's. th Chamber CEO, explained that at this time, the Chamber works with are in the Conference Center and they help offer visitor services during the At this time they haven't looked at opening on Saturday's but it is something discussed On occasion Regular Meeting June 6, 2001 Page 2 of ]8 4. PROCLAMATION 4a. Ukiah Community Center Month -June 2001 Mayor Ashiku read the Proclamation designating June 2001, as Ukiah Communi~=,~Genter (UCC) Month in recognition of its 30t' anniversary. He encouraged all resid~~ ~= community to participate in the planned birthday festivities, and congratul~i~e U'=~ Board of Directors, Staff, and volunteers for their significant contribution tQ,~,~ ~Ommunit~~ ~;?: and a job well done over these last 30 years. .......... ?:~i~L Gordon Elton, Vice-President of the UCC Board of Directors acce~::.the Procl~:~tion and thanked the City Council for their support over the years ',,~:,.~i,~/~,~:?~:.:: .... ..... SPECIAL PRESENTATIONS City Manager Horsley advised that Councilm~ members had attended a volunteer appreciation There were many certificates given out and certificate but was always there when the problems. She presented a Certificate of Appr~Ciati~ the Homeless Shelter recentlYi~,:~::~:'::: one pe':~n::that did not receive a whe~,',,~:~:.e:::were complaints or gh. Mayor Ashiku advised that the City Council would like to her efforts in organizing the winter_shelter for the homeless through the difficult moments e.n~te~ed over the past Certificate of Appreciation to.~:~ii~::~~ii~!:ey.'~'?~ 5a. ~eetin_cl of April 18!i~01 ..... ::~ii!ii?~ii~:iii iiii?' ................ "!i iiii i?~ Councilmember Baldwin left the m~i~,,~!ii~'i~:00 p.m~iii~:~:i?::: M/S Larson presented Libby, Non~ 6. RI~ Mayor Ashiku ize the .Gi~Y Manager for service He awarded a ing the minU'~,~::,of the Regular Meeting of April 18, 2001 as by th~::~llowing roll c~:ii ~9~ii~YES: Councilmembers Larson, Smith, ~or Ashikd!i!ii hOES: None. ~~::::NT: Councilmember Baldwin. ABSTAIN: Appeal process. City uested additional wording to item 7e, be made to the rec{ to "after staff receives a final indication from Caltrans that all the submittals and necessary documentation are in place for this federally funded proj~t~~, i ii!:.ii~:ouncilm~er Smith advised that item 7g was at the request of the organization that he '~i:'i?'~i[ks ~O~i~:d inquired of the City Attorney if he would have a conflict of interest on the Regular Meeting June 6, 2001 Page 3 of ]8 City Attorney Rapport advised that he did not know the impact that approval of this item could have on Councilmember Smith's employer and recommended he not participate in the vote for this item. Consensus of Council was to vote on item 7g separately. Councilmember Baldwin returned to the meeting at 8'02 p.m .... Councilmember Libby commented that Iow bidders are often don't follow the exact bidding specifications. In the case of item ~i?b.e compa:~.~t offered a different product other than what was in the bid spec?s cons'i~i~ed to be th~:~:~"i~ bidder. She suggested that the City be consistent in the biddi~::~,,proceS~?i :' ~: .... M/S Larson/Smith approving items a through f of the.,~.,~'~§ent C~:~i~ndar as follows: a. Received Report to Council Regarding Public~',~(i~ication::Regarding Vacancies o~ Boards and Commissions; .... ::~?~?~?~?~?~:: .... b. Received RepoA of the Acquisition of Fi~i~ack S~~?~and Detac Material From Reed & Graham Inc. in the Amou~:'~::"of $~~?: ........... c. Authorized Sole Source Purchase of Crisis ReS~~:~ Negotiation System from Professional Safety, Inc. For the Sum of $10,254.88~?~ ?~?~ ....... d. Rejected Claim for Damages. Received From Ray Lan'~~::and~ferred to Joint Powers Authority, Redw~~i[~. Municipal Insurance .... ~? e. Awarded Contract to Ee i':~:~:~~tion, Inc. for State .~t Tree and Main Street Parking Lot L~~hg Pr~?~~i~i~ation Nd?:~-02 in the Amount Considered and Adopted ReS~tio,~l-58 ~~:01-59 Approving RepoAing Employer Paid Member Contri~~?~s Additio~i~::~Compensation - Electric Unit. f. Motion carri~ii~i~ii~Wing roll call v~i?~iAYES: Councilmembers Larson, Smith, Libby, Baldwin, a~i~'~yor AS:~i:, NOES: Non~i ABSENT: None. ABSTAIN: None. 7g..,::::?~',~iii?~ .ed Reso!~n,,~,~2001-60 E§t~iilShing a Time Limited No-Parking/Bus Councilme~:~ ~'h left the~'~:~::~?~e to a possible conflict of interest concerning this item at 8:10 ::?~::;~';~:~::~?~:::~?~~n/AshikU~:::~:~:~~~ item 7g of the Consent Calendar "Adopting Resolution 2001-6~~blishing ~;.i~ limited No-Parking/Bus Loading Zone at 990 South Dora Street, c~~ by the~i~i:°wing roll call vote: AYES: Councilmembers Larson, Libby, Baldwin, a ........................ ............ ~::::::: ............ ayorAshiku. NOES: None. ABSENT: Councilmember Smith. ABSTAIN: .............. ?~: ~C.ouncil~ber Smith returned to the meeting at 8:12 p.m. :~ ......... ?~:~?DIENCE COMMENTS ON NON-AGENDA ITEMS Na:~ came fo~ard to address Council. Regular Meeting June 6, 2001 Page 4 of ]8 9. PUBLIC HEARING (7:00 P.M.) 9a. Consideration and Action on Appeal of Planning Commission Decision to Conditionally Approve the Edge Wireless/City of Ukiah Communicati ........... Tower Use Permit (Continued from May 16, 2001 meetin_q) Mayor Ashiku polled the Council and confirmed that all Councilme~nbers h~ site. Police Captain Dewey explained that at the May 16, 2001 City Cour asked to further research alternatives to the existing commun~ locations, and cost basis for each of these alternatives as enhancement requirements and alternative designs to the p~ Staff met with the City's current radio service supervisors who have built and maintained similar guidance on height and frequency coordination' members, and the City Airport staff members. contacting an out of area radio service research alternative designs, alternate locations, 3n center representatives for, ~ ~, ~ ning Department staff:~: were confirmed by number of sites to with each option. During their recent Technology Improvement Project, of repair and their vendors Their radio provider recomm~ antennas operate the Police for the City. During their existing radio communications tow~ Communications on a number of their radio systems. requirements to of the s~ future, estim a $15,000 items in need program. aly. The agency channels d replacement of our provider, Masterson how to affectively replace He of technol~ construction co" ,mmuni~ use of a wi Itant, Masterson s our radio frequency ~rty engineer ~ned the antenna combining components :y w~iii9 the,:~pew system as well as expansion in the just the eq~!~~!ii"!i'~is between $45,000 and $54,000, with for the inst~ii~n. within the City and applying alternative forms ad each individual site. He discussed associated to this project and noted it is estimated to cost $150,000. The nse~:~.:from the Federal Aviation Administration (FAA) and the (FCC) for our current location. We would need to go again if we move to another site, which would require the to cost between $3,000 and $5,000. y alternative site there has to be a communication link between City Hall anication tower. He discussed the use of a microwave system as an be located between City Hall and the radio communication tower. th at the locations that the tower could be moved. He identified Iow-level sites off ¢'s Water Treatment Plant, Sewer Plant, North Fire Station, and the Gobbi Street Regular Meeting June 6, 2001 Page 5 of ]8 Park. Each of these sites would require the addition of a voting receiver, which increases the cost, and a second microwave installation. Other sites considered were the Golf Course, Anton Stadium area, the City's landfill, and the Ukiah Airport, which would not require the addition of a voting receiver or second microwave installation. He noted~that both Spanish Mountain and the Ukiah Airport have FAA concerns. The radio consultants felt that it is possible to lower the tower to 80 feet at t~i'Sting sitel although they had concerns about moving it to that level because it wou!,~ii~i~ecrease the life expectancy of our equipment on the tower. In addition, there.~ii~ in the radio frequency emissions that are located at the ground level ~ igwering th~?'; r. He contacted the FAA with regard to lighting issues, and.,~;~~,~.there'~'~:~?~currently regulations or FAA license requirement for lighting on the,!~iii~i~'~i~0wer. ACcording to the radio consultants, if we were to go from an eleven to,,~ ~-ante'~'~'a system, we would. decrease the emissions. After reviewing the alternatives, both the recommended that the City go forward with the pro sites, he Councilmember Baldwin inquired if staff has had any regarding a tie-in with their commu.Djcation system. ith the County Captain Dewey discussed is= or both, between the City fact that their antennas are not Io~ appropriate for the City. f, in the the :1 phone line, er lea~in'~;i::::~sues in addition to the centers that would be Discussion follo~iiii',~Dcerning the buildings witb~i~i''ii''¢ ii i~here was into the C~ ............ '~:~ ....................... com~:"~¢ation system on S ain w~ discussed. T conb radio fre~ sight" situation as it relates to the height of ssion concerning the feasibility of tying Issues related to locating a tower other issues relative to the County's difficulty of the City adding channels at a Interim Fire explained that the County Sheriff's Department is near capacity we connected to their system, it would bottleneck at the Gap Public H~ 8:29 p.m. Councilm~ Larson reported that during his meeting with the neighborhood, he appoint a spokesperson. In the past, a spokesperson is allowed more time the lO-minute allotted time. y, Ukiah, commended Captain Dewey for his report. She felt that allowing remarks to exceed a time limit has been unfair to people who are hear to address Regular Meeting June 6, 2001 Page 6 of 1_8 other items on the agenda. Torn O'Donoghue, 328 Jones Street, advised that the neighborhood elected him to speak on their behalf. After reviewing the information provided by Captain Dewey and tb~!ii:,iiGity, they felt that the existing tower is obsolete and there is safety concerns rel ~ tower. The neighborhood suggests that if the project is approved, it ~ precedent and will raise the issue of future growth of the City. The neigh~~d felt tha~':: ~'~ the tower could be downsized by having the base not so large aD~ ~ii~ii~;,:~,not so cumbersome. If the tower was 100 feet, the wear and tear on the an:~~s wo~;~ ~:less and so would the RF factors be less to the public. He felt that ~e~:activity conducted in the area around the tower and it has become a nuisance~:~::~/~ecomme~;~ .... the installation of a sound wall as mitigation to the project. H~?:~:.i~9~: recom~:~nded the C~ become a good neighbor to the surrounding neighborho~ ~:~: City Manager Horsley advised that she spoke to M~:~?~nog~e about outside speake and evening activities near the training tower. S~po~ed {~t;~the speaker has been disconnected and when the building is destroy~:~b~ydran~;~~:~::installed in its place; In that way, the training for the volunteer firefi~ters'~:~!d~::~:~::~be ~,to the neighbors fence. She has also discussed the installation of a soun~::;~ ~ith Mr. O Donoghue during the past few months. ':~::.~:.:~??/?;~:~;~?~?~?~::~ Rick Paige, Ukiah, employed wi:~~~docino Coun~ Emerg~~ices, expressed concern with emergency se~ ~.~~~b:e opinion that it:::~id be beEer for the communication tower to be~ ~~ the ~ ~?~?~H~ recomm~:~ed the height of the communication tower not b~:':~'~educ~and to n~~~?~ ~:.~:::.~::~:~::~:~ ~::~::~ ::::;~ ~::~:~::~::~:: ~:: ' . ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Mary Lindley, Lori Leaf, and Morre~~i~;d, spo~ ~:::~:::'~uppo~ of the tower. Ken asa, ~:.::::~:De~:is Maize voiced their opposition to the Leif ~ ~]6 Grove ~:~~,. stated .tb~ ~e public hearing did not identi~ that this proj~;~:"a~:~osed~?~ ~ ~~:ive visual impact on the surrounding residential neighborho°~ ~~blic re~i~a~ified that it would be a cumulative effect based on the fire tower a~e antenna. It was not mitigated and not addressed. ~pwey advi:~b~he City's current F~ license and F~ regulations require that th~:~Dot have a.:ii~?~::~n the tower and they will not have a light on the tower in the future. ::~'::~ ~ :~?~? Allen Clow~osa~:~ and John McCowen, Ukiah, discussed the issue on Spanish Mountain r~i~d to a tower. C o,ed: 9:02 p.m. C~i'lmember Libby felt it impo~ant that the City have adequate communication tools Regular Meeting June 6, 2001 Page 7 of 18 for public safety. She felt the Planning Commission made the right decision. Mayor Ashiku thanked Councilmember Larson for his efforts to meet with the neighborhood on this issue. .:~'~'~:~' .... There was discussion of what course of action the Police Department wouh were an emergency and the antennas on the tower were inoperative. Planning Director Stump provided responses to Mr. Farr's comme Planning Commission made 10 findings of fact related to a variety of quality, neighborhood compatibility, and General Plan consiste:ncy. Councilmember Larson stated that plans approved by acceptable to him. He felt the neighborhood has rais~ noise, not only from training activities, but daily should be given to staff to pursue design and co~ is no nexus between a sound wall and a cell presence and the neighbors. He recommendeS~':Cou~ the tower. He felt the storage building could be constru~ architecture. He discussed fire training sessions hosted b~ of the training take place at other lities and that staff training tower. the Commission are not ve~'Valid concerns about ~ ~'~; ~e opinion that directio~: He stated that there between the City's the ~lternative design for to match the existing ested some of moving the Councilmember Smith recommendation to staff to researcl should make an effort to be a good the base of the communications storage buildin~ and blends with of the exi: cost 's concerning his and that that the City felt th, design for the size of be ap He shared concerns for the it not be constructed of metal but that it addition to City Hall. City Rap that C, con( ~sion of t design of the has the authority to make additional ning Commission. The license agreement be another mechanism to use to control the r Stump the Planning Commission approved what the applicant terms to store the equipment. They also imposed a condition req ~ng or to screen the building. They gave the Planning Director the I:o the applicants to develop a design that made the screening consistent the design of the building. Councilme~er Larson recommended that an architecturally compatible fa(~ade be ?p:rovided building instead of a fence, using the same like and character of materials building. Gl discussion followed concerning the design and the option of fencing for the Regular Meeting June 6, 2001 Page 8 of ]8 building. It was noted that a 10-foot fence would be very imposing, aesthetically. Mayor Ashiku stated he did not find the nexus that this project creates an impact that warrants a sound wall, however, he understood the concern with on-going ope~ions being an issue. He felt this matter could be addressed at a future meeting as issue and did not want to make it part of this use Permit. M/S Ashiku/Smith upholding the Planning Commission's conditional a~~~ii ~e radio tower Use Permit and deny the appeal, with the added conditions o~:=~,~?~ii ~'~=~e th~=~'~i~[~ate design for the smaller base, 2) The materials used for the outside st~==re of the for housing equipment be constructed in the same architectu[~l qual'i~ ~,~materialS'~t reflect the surrounding buildings, 3) The security fence arou~ ~etower"~ ~ecured at adequate height that provides the security required and th~i~i!iii~i='~i~ i~done in the character and style of the Civic Center; and 4) Any changes =~ ~i~'~ratio~'~'?to the placement of structures on the tower require the approval of t~ ~i;~nning=~=Commission or the Ci~ Council. ~:~.ii', ~::~?~'~i~::, Discussion followed concerning the meaning Councilmember Larson stated that he expects a to move forward on the mitigatio~ and requested that this minutes while Council direct staff to do part of a decision that may Discussion followed concerning C~!~i~Cilmemb~ City Attorney Rapport advised th; concerning the most Coun( informatio~ Dm Cour further comm May~ with elsewhere. il to direct staff for five hesitant to be issues,~,',i~""'":"::'unrelated and that the issue of:"~(~"':'~Uivic Center'is not an agendized item, so the the Brow~ii~Ct wQUld be to direct staff to bring additional at a later me~g,:~ii~ii iiiiili~'? Director~:'~"::mp and Police Captain Dewey to coordinate analysis of relocating training operations ger Horsley to review with Director Stump the matter of a · ?iiili~:~':~'~i~i~~ember i ~ of the opinion that by backing the Council into a corner, it disallo~~uncil from i~:'~ a creative solution that would make the citizens proud. He felt Coun~¥ii~ould cedi spending the money necessary to construct the new tower and making sur~ ~e City can deal with all emergency situations suitably, affectively, and to be able to fulfill'~ vision and details of the City's General Plan. i~::~:,:~;i!~here wa~ clarification as to the alternative base and it was noted that Edge Wireless it is possible to construct a six-foot base instead of a 1 O-foot base. C~ ;r Libby responded to some of Councilmember Baldwin's comments Regular Meeting June 6, 2001 Page 9 of ]8 regarding large expenditures that have been approved by the City. She felt the City has a responsibility to use public money wisely and felt approval of this project would be doing that. She felt there would be less visual affects than currently exist. Mayor Ashiku stated that the City has known for some time that the existing to be replaced. Staff brought Council a proposal and Council conduct, business in a public way and there is nothing that is forcing Council to acc~ and did not feel Council is backed into a corner. He felt staff has done job in presenting the project as a viable solution to the City's problem. Councilmember Smith responded to ,Councilmember Baldwi~D's co~::~D:ts privatization and felt that it is the Council s responsibility to o~:i:~gther s~es of fun~ for projects for the City, if at all possible. On the other ,h~i??~!~ve to P'iotect the City and he felt the proposed agreement ensures that the Gi~;~i?~ill ow~:i!"~e tower in due Motion carried by the following roll call vote: · Coun~':ii~,mbers Larson, Smith:i .... Libby, and Mayor Ashiku. NOES: Coun( . A ~T: None. ABSTAIN: None. '~: Mayor Ashiku thanked the neighborhood for their Councilmember Larson. Recessed' 9:37 p.m. 9:45 p.m.: City Clerk Ulvila a Clerk for recording purposes at the Fierro to be Deputy City the mE 9:45 p.m.: City ~!~iiiMNila left Reconven~iiii!!ii~i'47il p.~?~i!i!i i~:;', 10. IISHED ~S 1 Community Council, staff h; rep has Planner has and water t~ ~e park. due to illness. of Thomas Plaza Fountain blough explained that as previously directed by ;n meeting as a committee with Mayor Ashiku and Councilmember improvements to be made in the Alex Thomas Plaza to been considerable discussion by the committee, and staff comment concerning the need for shade in the Plaza. a conceptual design of various elements to provide shade Associate ~ner Keefer discussed his pro osed desi n that included shad trees, trellis' :~'?~?~;i!~,i~:i!?~ith a wa~i~eature, additional seating areas, and a removable canopy type structure to !dg:~,,,~e. He discussed options for providing more shade in the center of the park by P' ~?i:':nstalling a temporary shade structure, such as a removable gazebo, trellis, or ca~ sails that would cast a lot of shade on the ground and are very attractive. Regular Meeting June 6, 2001 Page 10 of 18 Mayor Ashiku noted that the committee looked at a complete makeover for the park over a number of years. Staff would attempt to accomplish some immediate relief for shade. Councilmember Larson discussed financing the project and the concept of s.~ing more than the $20,000 originally planned, in increments over several years. Councilmember Smith recommended directing staff to develop a five~i ~hase for improvements to the park, and provide a cost estimate. ~.:~?,:;?~?~;;,,;~? ..... ~,~:~,~,:~,~.,:. ~ Mayor Ashiku noted that the proposed plan is such that if it were to ~i~andone~'"ii':~ ~D.y point, there would still be a very nice project. This may be e~peciall¢~':'i;~ii~D in light City's financial situation changing from year to year .... ,~::?:'~i '~! ~:: ~: Councilmember Baldwin felt it important to have o~i ~'~i~ace ~;~?~:~e park. He felt proposed design was a step in the right direction ...... :~:~¢~ ?:: .... ::~:::~::~::~. Councilmember Libby liked the concept how~?~:~has reS~ions concerning the water element in the park. Consensus of Council directed staff to return to Council i~:'::~?:~ith cost ;Dstimates for the trellis and other design elements,proposed by staff. '~::~:~ ~ ~:~?~:~ ..... 11. NEW BUSINESS City Manager Horsley explained agreement with Edge Wireless and is recommending detailed in the Staff Repo~. City Attorney Re~~,,,discussed the of the proposed agreement and noted no further chang~i~i~~ii~''::mended at ~ ,:,,,~,~, ...... M/S ~miil , apl '~'~;~';~:~ agreement ~i~ge Wireless; carried by the following roll call ES: Cou bers Lars~'~?Smith, Libby, and Mayor Ashiku. NOES: Cou~ ABSTAIN: None. 11. NEW BI Mike Annual on Proposed Mendocino Solid Waste 2001-02 Fiscal Year Budget er of MSWMA, provided an overview of the MSWMA as of May 2001. He discussed the HazMobile (household hazardous collection) that includes a business hazardous waste service and latex paint recycli~,i Appliance hazardous waste service, grant funding, illegal dump cleanup, and )n were also discussed. He further explained AB939 reporting and electronics-recycling program, and the search for a new HazMobile base In closing, he discussed funding for MSWMA and reviewed revenue and in their budget. Regular Meeting June 6, 2001 Page 11 of ]8 Consensus of Council was to accept the report on MSWMA's 2001-02 budget. 11. NEW BUSINESS 11c. Adopt Resolution Declaring Intent to Annex Two Parcels of Land The City City Manager Horsley advised that the City owns two parcels of land that situated outside the City Limits. One of the parcels is adjacent to the sewe lent plant?:~ :~ and has been developed with a percolation/evaporation pond for is an integral component of the City's wastewater treatment facility, is currently vacant, but a proposal is being advanced to lease the land?~i ~n~d develo airplane hangars. The two parcels are adjacent to the City li~jts, int~'~,: for Iong-t~:~:~ public facility use, and can be adequately served by City::~:,~ii~ii~i~s and~:::':~'~!i~iii?':other publ'i~ services. She discussed other aspects of the parcels, as,~~'~iiii~',~be Staff Report. '::':':~::::': MIS Baldwin/Larson adopting Resolution 2001:~ ~i',!~'~tablisbing intent to annex two parcels of land owned by the City, and to prepa~eii~ii~aster S'~i~es Element (Plan) for' LAFCO consideration when the City proposes ~ ~~:=;its S9~ ;:Of Influence later this year; carried by the following roll call vote: AYE§i Co :=' ii e¢i rSE:arson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: N:"~i ABSTAIN: None. 11. NEW BUSINESS 11d. Notification to Council Agency Commission and Ukiah's Commi Public Utilities Director Barnes staff conducted a Icad growth surve, an additional 300 Mw of generati~ Commission, at Juled meeting evaluation Iternatives evalu~ ~. Since it is estimat~:,!~!i:"~:~o 8 me( (Mws) of addJ tim~ ~ssion (I the study will Icad re~ Y by the North;:~ ~"~=' '~=~='~'~=~'~~rnia Power ,luation of New~?=~ration Resources Power Agency (NCPA) ~d there is a need for by:~i:?~iii~0'04. As a result, the NCPA authorized the staff of NCPA to begin an ~neration resources. The cost of this that the City of Ukiah will require an generation resources in the 2004-2005 Ashiku) authorized the City of Ukiah's participating in the evaluation, the cost of based on ge of peak Icad requirements. Since the City's is approximately 3% of the NCPA peak, our share of the evaluation ,000. iber Libb~i~i':;::ied staff regarding how many Mws the City buys annually, anai~y additional Mws are needed. explained that the City's peak Icad this past year was 30.5 megawatts. the 30.5 does not include the City's investment in Calpine. We are 2 Mws of something else to meet the Icad. In January we will replace that contract. Libby inquired as to why we will need six to eight more Mws in the next Regular Meeting June 6, 2001 Page 12 of ]8 three to four years. Director Barnes explained that the six to eight megawatts requires what we are already short. We are buying that off the spot market right now. If the market is where it is, we can continue to buy it at a higher price off the market or we replace it. Part of it is planning and seeing what types of development will plus what we are already short, and buying on a short-term basis. ' He further explained purchasing more is based on what we are ting growth and what we are already short. When we get the Icad growth'~'~i~jections, to decide whether we want to make up the difference b~sed o~'~i~'ii~ii~i~,d participating in the unit, or continue to put it together with co~ s. Mayor Ashiku explained that the $15,000 will help u generation will be, the cost of retrofitting older what the market currently bears with new plants term contracts. '::iiii!iii? .... cad ~'hat the costs for to c[eate new resources, and:i?i? on lin~iii~!gd the potential for long Councilmember Larson did not foresee any problem have control over. We are only investing in the research good thing to move forward with ding excess power that we 'ill tell q::~,?,whether it is a Mayor Ashiku further explai, ~ inquiry by C~ Libby, that we don't need anyone to to p.~:rti~i~ate in the project. He explained that the reason why spend the $15,000 was because we knew that we could lay We have no obligation to follow through with any of the don't spend this money, we have no possibili~l~aking advanta( of the pr~rams or plans that are a result of Consea~ii~':~0f Council:~is to receive n°ii~j~:i°n of action taken by the Commission of the N~m= Califor~i~ ~e[ Agency,~t;~!i~i~:Uthorize an evaluation of new generation reso~:es~:'~;~;~Ukiab~~~?~~icipate. 11. NEW B::~i~:SS liscussio~:~Qrdinence Requirin~ Inspection of Sewer Lines During Real Trans~ ~? - City Rappo~~jained that Council, at a prior meeting, was concerned that pro either~properly connected to the sewer system or discharging storm water into ~ewer system. Council had inquired if there was some means to require propeAy ow~s to veri~ that they are in compliance with the sewer ordinance when the propeAy ch~es ownership. He prepared a draft ordinance that would accomplish that ~d is pr~d in the Staff RepoA. He explained that the proposed ordinance would :'~:~bibi~~ain covered paAies from pa~icipating in real estate transactions without ~~~'~ with the requirements of this ordinance. He fuAher reviewed the proposed or~::~ce, ensuring compliance with this ce~ification process, possible penalties, and Regular Meeting June 6, 2001 Page 13 of ]8 inspections. He discussed the proposed ordinance providing an opportunity for the property owner to enter into an agreement with the City to make those improvements on a schedule that is agreeable to the City. City Manager Horsley advised that she has drafted a letter to be sent to re~i ~e professionals, along with the draft ordinance, soliciting their views. Discussion followed concerning the matter and with the potential for..e~i~!~!~tO make changes to the property, such as the addition of a swimming pool afte~ ~i~ificati~:~i ~osts involved and the inspection certification process was discussed. Consensus of Council directed staff to send the draft ordin~i':~o realt~ ~nd plumbin§ :.~: contractors for review. 10. UNFINISHED BUSINESS .::::~::~:~i?~i',i~!i?,?,i?,i',? ..... 10 b. C o m m i s s i o n Te r m s ...... ~.::~:~',~',~,~',:,~',~',~',:,::: (i} Introduction of Ordinance City Commissions and Boards (ii) Adoption of Resolution Amending Commissions and Boards ce for Members of Filling Vacancies on City City Manager Horsley explained.~:[bat at the meeting of City Council discussed the various aspects o~=~~Qj:nted Commissions with regard to terms, recruitments, and th:e~iii~':i~:~:~~~ess. The City has prepared an ordinance that amends theii;~ ~~!i~. offic~'~'~¥~;i~~9:[s of t~ ity Commissions and Boards and also a resolution'that a~ds the.:~ ~~~lling the vacancies on City Commissions and Boards. In addiE~9, C~:ilmemb~ ~bby has asked that fu~her discussion be had on several of the ~::~at were:~:n at the last Council meeting, before a vote is Councilme~r Libb~?~lained that a~::::?~!~?~Council meeting there was discussion on the ~s in which ::~:: Airpo~ Comm~:" is appointed and then the discussion went~::~~:into term I~[~~[. other co~~es and other things. She questioned if Cou~?~:'i~'' h~~n in~:~~~~~ Act at that time. ,, ,, Mayor Ashiku'::~~i. ned that the agendized item included all commissions. C ty:::~:::::M~eger Horsley~~med that at the prewous meebng the Mayor asked that discus~¥~ be for all co~i~::~ions. Discussion'~i~wed co~'cerning the ma~er and consensus was that the ma~er discussed at the last m~ing concerned general procedures for appointing all commissioners. ~Mayor A~~ inquired if Council would prefer to discuss the maEer at another meeting. ~s of Council was to proceed with discussion of the maEer. Regular Meeting June 6, 2001 Page 14 of ]8 Councilmember Libby explained that she would like to review two items of the Staff Report. She stressed the importance of applicants answering all questions on the application so that Council has as much information as possible about the applicant in order to make their decision for appointment. The application would be deemed cQ~Jete when the applicant signs it. She expressed concerns with the conteD~ ~':~'~' Ordinance/Resolution that refers to the application being deemed complete.~':~Sign~:!::~::':::::::~: even if applicants do not answer the questions. She also expressed conce~i~ ~erm limits and felt the public has made it very clear that they support term limits.:::~:,:,:~:~"::~:.::hOt recall discussing the maEer of applicants requesting reappointment. She th~~ Coun~i ~greed that incumbents are to submit the application they previously ~pleted wh~:~ f~[St appointed to their position. If they have any changes to that applicati°~:~ ~y can pr~ fu~her comment. Councilmember Baldwin explained that these 9~[~:~' are'::~lunteering for community and not hired as employees. Secondly, i~:~;~ounGjl::member doe not like what they see in the applicant's application, they don'.:t~:~ to vote~:~::~hat applicant. ' Councilmember Libby continued to discuss r~::~irin'~;~!j~ tO~:~swer the questions; othe~ise the minimum information the application w~ ~Ot provide much insight to Council. :'~::~?~¢~ ~ ~:~:::~:~:~: .... ~ There was e~ensive dis, ' ' the ma~er of a~~~::~':'completing the application in full. DJ: whethe~:~mbents should be required to submit a new a rea:P¢~i~tment. Mayor Ashiku was of the opinion meeting. Council made the determin~ position of judg length the Regardin! written previ::8',~s at length at their previous it d dn t~,want to place the City Clerk in the complete or not. Council also discussed at irection was ~,n to.,~taff to craft this ordinance as presented. hers, directi~l~ii~ ~ii~en that all they have to do is submit a their desire t~i!~ii~i';"::"::reconsidered, but they were under no mater.!~!? !':ii~e City Clerk was directed to include their submits to Council. Discussion foll~~ ~;concerning term limits as specified in the City Code. ,mber Ba'i~!Dii¢i,~iiii~8w attention to the nomination procedure for appointing commi,, as presen~ii"i~ the draft ordinance. The rotatic ~mbers with regard to the nomination process was also discussed. Discussion ~tinued regarding the application process. It was noted that Press Releases announcing':ii~cancies should state that applicants are encouraged to file completed ~plicatioD~i '?Applications would not be rejected if filed by the deadline even though the icant:,:.:Si~' not answer all questions on the application. It was noted that the City Clerk the incumbent's previous application to Council along with any new in' and the incumbent's request for reappointment. There was also discussion of Regular Meeting June 6, 2001 Page 15 of ]8 including this procedure in the resolution. M/S Baldwin/Smith introducing Ordinance, by title only, amending Section 1200 of the Ukiah City Code concerning the terms of office for members of City Com,,missia0~ii~,,and Boards; carried by a majority voice vote, with Councilmember Libby voting no'~,ii ??~?~! ?,:~i~:~ Deputy City Clerk Fierro read the title of the Ordinance. ?, :/~;~:~,;;.~?~,~: M/S Larson/Baldwin introducing Ordinance amending Section 12~i ................................. ~:":the UE!~ :City Code concerning the terms of office for members of City Commissiod'§ ~d Boards;:"~ied by the following roll call vote: AYES: Councilmembers Larson, ~mith, ~.in, and Ashiku. NOES: Councilmember Libby. ABSENT: None. AB N: No~ii~i i~,i~:i:~,i~i .................... M/S Baldwin/Smith adopting Resolution 2001-61,::.~::~:.~;,,~i~nding~'::~'~?:~'~'i~::~ocedures for filling::.~:~ vacancies on City Commissions and Boards as ~~ed, ~.d that under Section 2~ Exemptions, the paragraph after item #6, the fol!~~ shall b~:'i!~iii~!:uded to the end of the last paragraph in that section: "The City Cle~ ~ii ~.rnish :t~?~i?:~i~y Council with any applications previously filed by such applicant~::~'~:;; ....... ::::'~',':~ii!i,,?~ ~ii?:,~,: ;,,,~:~i::i ;?:: D i s c u s s i o n f o I I o w e d c o n c e r n i n g t h e mot i o n. ~:~",,~:~,~'?~i~i~'~i~?,??,~:,~,:.:: Councilmember Libby ,ndment to the one p~'~::iiii~i~i the appl,cat,on licant, "The appJi~:~: will be encouraged shall be deemed complete on t o co m p I et e a II q u e st i o n s." ,~'~:~:~?:~:;,,::~: .... Discussion followed concerning Councilmembe M/S with re( Di requirement. Libby's,i est. amendment to the resolution. ,end the moti~i~tQ~,~ii~inate "1-b" interview '~:"~':"~:~:~:~:~::~:':~?-s.~s on page 2 of the resolution he to amend section "l-b" and the interview Resolution, as proposed by Councilmember Baldwin, by in a personal interview, if the City Council conducts on page 2 from the resolution; carried by the following s Larson, Baldwin, and Mayor Ashiku. NOES' an d L i bby. ABS E NT: N o ne. ABSTAIN' N o ne. Motion car~ concerning adoption of Resolution 2001-61, including the amendment :'~;'::';'~i i ?oposed::,,::¢;i~?the City Attorney: Under Section 2. Exemptions, the following shall be :~"~;'~ii?:iii~de~',ii~,!~e end of the last paragraph after item #6: "The City C,,lerk shall furnish the City ~~iiii~'~i'th any applications previously filed by such applicants, by the following roll call v~iii??'~YES:~;; Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. NOES: Regular Meeting June 6, 2001 Page 16 of ]8 Councilmember Libby. ABSENT: None. ABSTAIN' None. A brief discussion followed adoption of the resolution with regard to the amendments and content of the ordinance and resolution .... ~:~'::~'~ii:~ii~:,, 12. COUNCIL REORTS i! Councilmember Larson reported that he has notes on the JPA nego[~~ and the matter of fiber optics with MCOG has been occupying a great deal of hi~i~i~i ii Libby reported attending the EDFC/MCOG prese~n on fib~iii:~'~=~ti~s~'~'~ :~'~'~".... Councilmember and found it very educational. She attended the Chamber 0~::..Com~~,is comm~'~ Awards Banquet and the Awards Recognition Dinner for th~~!ess S~r. She ask~ if anyone is interested in pu~ing together a team to pa~i~'~:~::~he Walkathon for the Cancer Society to take place on June 22. Discussion~::~[i~Wed c0~berning details of the: Wa l kit h o n ':':: ~ ::~:~:~ ~?~::~::: ............................ .: ~: ::~[::,~ ~:, :,: ~::: ~: Ci~ Manager Horsley reposed that on Sunday, au~]~f~?~:o~,m, the new public wing of the Museum would open. She also advised tha~?~ [h:e same day at 4:30 p.m. is the Commissioner's Appreciation event at the Conce~ in '{~ ~ark at Ta~d Grove Park. She reposed that the City's Poet ,ureate has already begU::~?~:~[k. ~ill be formally appointed at the ne~ Council ..... She sent Council municipalities that he would use sf~igg-arm power they have. NCPA general M~ge Governor's statements, which she or Davi§~:~',~i:,!'?,'~'as basically told the cities to sell any excess sent out a response to the Council~i~!!ii:iiiii?~iiii?,l[ will be in the Press Democrat tomorrow, featu[iDgi!~ii~,dsburg and She provided Council with a copy of the grant application S~?!i~'~i'~iii~ii~i~;iiiiii~:he North C6',~t Raii:: Authority and the City of Ukiah for She .[.~~: that Jim ~i~[8 Qf Solid ~;'~'":Systems came to the office today and was ve~ ~:~':se~~?~ ~use~~~~ ~he off-site improvement designs for the Taylor Drive Transf~?~ ~for four m~:~:~d has still not approved them. In addition, he had made an agree'~:..~ith the Alexander s to u~e pa~ of their prope~y as an easement for ~! ~;( pole. '::~~ill c0Dtact the County s Depa~ment of TranspoSition concerning She re the~:: of~ Petaluma may other cities are closing on Friday's to allow fle~ime for and as a result of the energy crisis. She discussed the maEer of smaller cities being . Instead of closing Friday's, she is looking into allowing fle~ime for individu 'ees. Discussion followed concerning the flex work schedule for Regular Meeting June 6, 2001 Page 17 of ]8 14. CLOSED SESSION a. G.C. §54957.6- Conference with Labor Negotiator Employee Negotiations: Police Unit Labor Negotiator: Candace Horsley Council deferred the Closed Session item until the next meeting. There being no further business, the City Council meeting was ad ou n~,at .I,,2~=~1==5 m Marie Ulvila, City Clerk ::::::::::::::::::::::::: ............... ~u~ ~ ~ Regular Meeting June 6, 2001 Page 18 of ]8 MINUTES OF THE UKIAH CITY COUNCIL Special Joint Meeting of the Ukiah City Council And Ukiah Valley Sanitation District Thursday, June 27, 2001 7b The Ukiah City Council met at a Special Joint Meeting with the Ukiah Vall~ District (UVSD) on June 27, 2001, the notice for which had been legally not posted,:~ at 3:38 p.m. in the Civic Center Council Chambers, 300 Semin~ Ukiah, California. The purpose of the meeting was to review and discuss th year 2000-2001 Budget. Roll was taken and the following Councilm~ 's were pr~t: Larson, Smith, Libby, Baldwin, and Mayor Ashiku. Staff present: ilities Dir~,: Barnes, Water/Sewer Operations Superintendent Boreck~i Einance i~ectcr EIt°~'! Wastewater Treatment Manager Gall, Risk Manager/Bud~ ~,~ii~,.?:Harris, City Manager'~': Horsley, and City Clerk Ulvila. Ukiah Valley Sanitation ~i~'~ict (U~§D) Board Members present: Baldwin and Chairman Michael Delba[¢;~i?~,i~::?~':~SD .B0ard Member absent~; Shoemaker. UVSD Staff present: Recording S 2. AUDIENCE COMMENTS ON NON-AGENDA I No one came forward. 001- 2002 BUDGET Public Hearing Opened' 3:4~ Public Utilities Director Bar"es di: to the Revolving Fund and the planned expansion of the g engineering plans. A brief discus,, s to the wastewater treatment plant. UVSD Bol and are UVSD Board has reviewed the budget Pi Upon a motion AB~ dwin/Delbar it was ordered that the budget be adopted by the Ukiah by the following roll call vote: AYES: Boardmember NOES: None. ABSENT: Boardmember Shoemaker. 4. OF JOINT MEETING Mayor ourned the meeting at 3:44 p.m. to resume the Special City Council. 9a ITEM NO.' DATE: August 15, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF JULY 2001 Payments made during the month of July, 2001, 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: 32866-33026, 33171-33315, 33451-33543 Accounts Payable Manual check numbers: none Payroll check numbers: 33032-33170, 33316-33450 Void check numbers: 33027-33031 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 July, 2001. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with:Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements APPROVED: ~~ ~'~_ Candace Horsley~ C"~Manager KRS:W ORD/AGENDAJUL01 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF JULY 2001 Demand Payments approved: Check No. 32866-32945, 32946.33026, 33171-33315, 33451-33543 FUNDS: 100 General Fund $152,098.71 131 Equipment Reserve Fund 142 National Science Foundation 143 N.E.H.1. Museum Grant $6.97 150 Civic Center Fund 200 Asset Seizure Fund 203 H&S Education 11490(B)(2)(A)(I) $2,591.73 205 Sup Law Enforce Srv. Fd (SLESF) 206 Community Oriented Policing $46.44 207 Local Law Enforce. BIk Grant 220 Parking Dist. #10per & Maint $514.87 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement $3,058.81 310 Special Aviation Fund 332 Federal Emerg. Shelter Grant $10,775.48 333 Comm. Development Block Grant $4,572.94 335 Community Dev. Comm. Fund 410 Conference Center Fund $4,827.18 550 Lake Mendocino Bond $1,673.75 555 Lake Mendocino Bond Reserve 575 Garage $1,112.46 600 Airport $68,481.27 612 City/District Sewer $36,174.72 615 City/District Sewer Replace 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 664 Disposal Closure Reserve 665 Refuse/Debris Control 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 800 Electric 801 Electric Revenue Fund 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 33032-33170 DIRECT DEPOSIT NUMBERS 10812-10922 PAYROLL PERIOD 6/24/01-7/7/01 PAYROLL CHECK NUMBERS 33316-33450 DIRECT DEPOSIT NUMBERS 10923-11031 PAYROLL PERIOD 7/8/01-7/21/01 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $139,634.68 $1,756.45 $11,214.92 $13,261.50 $16,218.12 $694.92 $4,833.92 $40,043.19 $816,016.70 $12,240.28 $20.85 $78,970.66 $44,338.22 $57,538.90 $283,136.00 $167,076.21 $1,776.69 $10,204.11 $1,984,911.65 $67,986.76 $174,082.85 $248,278.96 $2,475,260.22 VOID CHECK NUMBERS: 33027-33031 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance > OO rot--. 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Z ZZ ~ ~ ZZ~Z o oo~ ~~ ~ ~ o 0 n~ u ~0 rn E~ ~0 0~ 0 ZE~ 0 E~O ~Z Z DDDD :>.., o ~° Z 0 ZH 0 ~ > 0 n~ 0 0 E~ H 000000000000 ~0 0 ~ 0 ~0 ~ H 0 0000 0000 o~o 00 00 00 cO 00 °7 0 00 ~ t~ o oo OCO000000000000 O0 O0 O0 000000000000000 OOOOOOOOOOOOOOO 000000000000000 O0 O0 O0 O0 0000 · · · . ~z ~o~ ~~Z ~ Z E--, o~o ~ H ~ r4~o r4r~z n.., ~ :::> OOO '~ 0 MHO .a.-1 r4 Z o ~4D ~ i H © {Do ooEEoo§oogE~oEo O0 O0 O0 O0 0 000000000000000 · ...... .... .... oo~ooo~oo~o~o ~~0 O~ ~ ~ o~oo~~o~o~ o~~~o~oo~ · .............. °~°°°~°°2oo~oo 0 000 O0 O0 O~ Z% 004 U~ Z o ZH Ora Z Z o ~4 M U H ~ , H ~ ~Z H~ Z i o ~ H u o o o~ t~ t~ 0 0 U U ooooo Om~ O~ uU 0 0 ~ . , Z 0 o o o o o o U Z 0 ~.H O~ > o > ITEM NO.' 9b DATE: August 15, 2001 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE RENEWAL OF THE CONTRACT WITH THE SALVATION ARMY TO PROVIDE PROFESSIONAL SERVICES FOR UKIAH C.A.R.E.S. PROGRAM Ukiah C.A.R.E.S. (City Assistance for Relief through Energy Support) is a City sponsored program that has provided financial assistance to customers' electric bills since the inception of the program in October 1998. Assistance through the Public Benefits Fund provides relief to Iow and moderate-income households on the electric portion of their City utility bills. Once determined income eligible, a household can receive relief in the form of a monthly discount and temporary emergency assistance. The Salvation Army had methods and procedures already established to determine eligibility for benefits toward customers' P.G.&E. bills. Therefore, the City of Ukiah contracted with this agency to provide the same services for the Ukiah C.A.R.E.S. program. This association became advantageous for Ukiah residents, Salvation Army and the City alike. Ukiah C.A.R.E.S. has increased the benefit to Ukiah residents' electric bills since we started in 1998. The City Council most recently approved expanded benefits to City of Ukiah residents in March 2001 and recommendations for additional considerations for the program will be presented at the September 5th meeting. Current benefits for monthly discounts can reach as much as $173.40 annually to eligible Senior households who now receive the first 120 kWhs of electricity free of charge. Non-Senior households get the first 100 kWhs of electricity free on a monthly basis. Temporary Emergency Assistance provides up to $300 of relief annually. Depending on the customers' needs, they may request one or both portions of the program. A potential customer can easily be pre-qualified for relief by making a simple phone call to the Salvation Army office. It's staff is then able to request that the customer come into the office, confidentially interview the customer regarding his/her circumstances, process all of the necessary paperwork, and confirm to the City of Ukiah eligibility. The Salvation Army has determined eligibility for the Ukiah C.A.R.E.S. program that provides discounts and emergency benefits for approximately 500-600 of the City's 6,000 residential households per year. Marketing of the program has been expanded and participation continues to be strong and is expected to grow as Council approves additional benefits. City staff experiences an excellent and cooperative working relationship with the Salvation Army staff and recommends that this relationship continue. Staff recommends the City of Ukiah renew the contract with Salvation Army to provide these professional services for the Ukiah C.A.R.E.S. program. RECOMMENDED ACTION: Authorize the City Manager to execute the contract with the Salvation Army to continue to provide professional services for the Ukiah C.A.R.E.S. program. ALTERNATIVE POLICY OPTION: 1' Direct staff to modify the contract and authorize the City Manager to sign revised document. 2: Direct staff to research alternate sources of providing services of determining eligibility. Citizen Advised: Salvation Army Requested by: N/A Prepared by: Patsy Archibald, Customer Service Supervisor/~, Coordinated with: Candace Horsley, City Manager Attachments: 1: Professional Services Contract 2: Ukiah C.A.R.E.S. Income Eligibility Guidelines for 2001-2002 3: Uki.ab.,,C.A.R.E.S. Guidelines and exceptions for eligibility APPROVED: [ ~"~'~.~?~ "C~ndace H(~rsley, Cit~anager PA:agendasalvarmy.mw,01 ITEM NO.: 9b DATE: August 15, 2001 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE RENEWAL OF THE CONTRACT WITH THE SALVATION ARMY TO PROVIDE PROFESSIONAL SERVICES FOR UKIAH C.A.R.E.S. PROGRAM Ukiah C.A.R.E.S. (__C_ity Assistance for Relief through Energy Support) is a City sponsored program that has provided financial assistance to customers' electric bills since the inception of the program in October 1998. Assistance through the Public Benefits Fund provides relief to Iow and moderate-income households on the electric portion of their City utility bills. Once determined income eligible, a household can receive relief in the form of a monthly discount and temporary emergency assistance. The Salvation Army had methods and procedures already established to determine eligibility for benefits toward customers' P.G.&E. bills. Therefore, the City of Ukiah contracted with this agency to provide the same services for the Ukiah C.A.R.E.S. program. This association became advantageous for Ukiah residents, Salvation Army and the City alike. Ukiah C.A.R.E.S. has increased the benefit to Ukiah residents' electric bills since we started in 1998. The City Council most recently approved expanded benefits to City of Ukiah residents in March 2001 and recommendations for additional considerations for the program will be presented at the September 5"~ meeting. Current benefits for monthly discounts can reach as much as $173.40 annually to eligible Senior households who now receive the first 120 kWhs of electricity free of charge. Non-Senior households get the first 100 kWhs of electricity free on a monthly basis. Temporary Emergency Assistance provides up to $300 of relief annually. Depending on the customers' needs, they may request one or both portions of the program. A potential customer can easily be pre-qualified for relief by making a simple phone call to the Salvation Army office. It's staff is then able to request that the customer come into the office, confidentially interview the customer regarding his/her circumstances, process all of the necessary paperwork, and confirm to the City of Ukiah eligibility. The Salvation Army has determined eligibility for the Ukiah C.A.R.E.S. program that provides discounts and emergency benefits for approximately 500-600 of the City's 6,000 residential households per year. Marketing of the program has been expanded and participation continues to be strong and is expected to grow as Council approves additional benefits. City staff experiences an excellent and cooperative working relationship with the Salvation Army staff and recommends that this relationship continue. Staff recommends the City of Ukiah renew the contract with Salvation Army to provide these professional services for the Ukiah C.A.R.E.S. program. RECOMMENDED ACTION: Authorize the City Manager to execute the contract with the Salvation Army to continue to provide professional services for the Ukiah C.A.R.E.S. program. ALTERNATIVE POLICY OPTION: 1' Direct staff to modify the contract and authorize the City Manager to sign revised document. 2: Direct staff to research alternate sources of providing services of determining eligibility. Citizen Advised: Salvation Army Requested by: N/A Prepared by: Patsy Archibald, Customer Service Supervisor//-.~,. Coordinated with: Candace Horsley, City Manager Attachments: 1: Professional Services Contract 2: Ukiah C.A.R.E.S. Income Eligibility Guidelines for 2001-2002 3: Uki~A.R.E.S. Guidelines and exceptions for eligibility APPROVED:( ~------'~..,~~ L - "b---~ndace Hc~rsley, Ci~anager PA:agendasalvarmy.mw,O 1 PROFESSIONAL SERVICES CONTRACT This Agreement is made and entered in Ukiah, California, on August 31,2001 by and between the Salvation Army ("Contractor"), and the City of Ukiah ("Ukiah"), a general law municipal global corporation. 1. SERVICES PROVIDED BY CONTRACTOR. Contractor shall provide the services as specified in the attached Program Descriptions which are identified as Attachment #1 to this Agreement and incorporated herein by reference. If any provision of this Agreement and the Program Descriptions are inconsistent or conflict the provisions of the Agreement shall prevail: 1.1 Contractor shall provide the following services for the duration of this Agreement: ao bo Under the guidelines listed in Attachment #1, as they are written or revised by the City of Ukiah, determine the eligibility for Ukiah C.A.R.E.S. Temporary Emergency Assistance and Monthly Discount Programs offered by the City's Public Utilities Department. Eligibility determination shall include: i. Interview applicants for City of Ukiah C.A.R.E.S. Programs ii. Require verification of eligibility including but not limited to income of household, occupancy, age of eligible seniors, documented evidence of any exception to guidelines. Maintain records of all applicants regardless of their eligibility Submit to City of Ukiah, written approval of eligible applicants Submit to City of Ukiah, a summary of all applicants quarterly. i. Summary of all applicants shall include a brief reason for rejection of assistance to facilitate the possible development of future additional programs, or expansion of the current Assistance Programs. 1.2 Ukiah shall have the right at all reasonable times on reasonable notice to Contractor to audit its books, records and accounts pertaining to the Ukiah C.A.R.E.S. programs. Contractor shall maintain financial records sufficient according to generally accepted accounting principles to permit an accurate assessment of its finances and transactions. It shall maintain these records in a location reasonably accessible to Ukiah and for a three (3) year period following each of the fiscal years that the records cover. 2. TIME OF PERFORMANCE. Contractor shall provide the services as requested by Ukiah in accordance with a schedule agreed upon as to each service requested. 3. TERM. The term of this Agreement shall cover the period, beginning on September 1,2001, and ending on August 31,2003, unless extended by mutual written agreement of the parties or terminated as provided in paragraph 9. 4. COMPENSATION. Ukiah shall pay Contractor in accordance with the program budget that is $35,000.00 for the life of this agreement and paid on a quarterly basis at a rate of $2,917.00. Compensation shall be paid in quarterly payments during the months of October, January, April and July until the termination of the contract. 5. METHOD OF PAYMENT. Billings and payments shall be made on a quarterly basis. 6. CONFIDENTIALITY. Contractor hereby agrees that it, and its officers, agents and employees will not disclose or make any other use of information about the business methods, operations, costs, proposals, budgets, and projections of Ukiah or of any other information of a confidential nature pertaining to Ukiah, without the prior written consent of the Finance Director. 7. INDEMNIFICATION AND INSURANCE. 7.1 Indemnification. Contractor shall indemnify and hold harmless Ukiah and its officers, agents and employees from and against any claim, loss or damage, including the legal and other costs of defending against any claim of damage or loss by third parties, which rises out of the Contractor's performance under this Agreement, except for claims, losses or damages resulting from the sole and exclusive negligence or other wrongful conduct of Ukiah or its officers, agents and employees. 7.2 Insurance. Contractor shall provide to the City of Ukiah proof of valid liability insurance that meets City of Ukiah requirements. 8. OWNERSHIP AND RETURN OF DOCUMENTS AND EQUIPMENT. Upon termination of Contractor's services to Ukiah under this Agreement, Contractor agrees to return all written and other materials that are not matters of public record, and equipment, furnished to it by Ukiah. Any documents, excluding curriculum materials, created by Contractor as part of providing services under this Agreement shall be the property of Ukiah and shall be furnished to Ukiah upon request. 9. TERMINATION. This Agreement may only be terminated by Ukiah: 1 ) for breach of the agreement; 2) because funds are no longer available to pay Contractor for services provided under this Agreement; or 3) Ukiah has abandoned and does not wish to complete the project for which Contractor was retained. Ukiah shall notify Contractor of any alleged breach of the agreement and of the action required to cure the breach. If Contractor fails to cure the breach within the time specified in the notice, the Agreement shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the Agreement shall terminate on the date notice of termination is given. Ukiah shall pay the Contractor only for services performed and expenses incurred as of the effective termination date. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports, excluding curriculum materials, prepared by the Contractor under this Agreement shall, at the option of Ukiah, become its property and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages Ukiah may incur as a result of Contractor's breach of contract. Contractor shall have the right to terminate this Agreement on 60 days prior written notice to Ukiah. In the event of such termination, Ukiah shall be entitled to reimbursement for any excess payments for services or to private payments as appropriate. 10. MODIFICATION OF AGREEMENT. Ukiah may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between Ukiah and the Contractor, shall be incorporated in written amendments to this Agreement. To be effective, all such changes as referred to in this section must be agreed upon in writing by both parties to this Agreement. 11. ASSIGNMENT. The Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of Ukiah. Contractor shall also obtain Ukiah's prior written approval of any significant changes in Contractor's or employees who provide services under this Agreement or whose services affect its performance under this Agreement. 12. APPLICATION OF LAWS. The parties hereby agree that all applicable Federal, State and local rules, regulations and guidelines not written into this Agreement shall hereby prevail during the period of this Agreement. 13. INDEPENDENT CONTRACTOR. It is the express intention of the parties hereto that Contractor is an independent contractor and not an employee, joint venturer, or partner of Ukiah for any purpose whatsoever. Ukiah shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services contracted to and performed by Contractor under this Agreement, and the general public and all governmental agencies regulating such activity shall be so informed. Those provisions of this Agreement that reserve ultimate authority in Ukiah have been inserted solely to achieve compliance with federal and state laws, rules, regulations, and interpretations thereof. No such provisions and no other provisions of this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and Ukiah. Contractor shall pay all estimated and actual federal and state income and self- employment taxes that are due the state and federal government and shall furnish and pay worker's compensation insurance, unemployment insurance and any other benefits required by law for its employees. Contractor agrees to indemnify and hold Ukiah and its officers, agents and employees harmless from and against any claims or demands by federal, state or local government agencies for any such taxes or benefits due but not paid by Contractor, including the legal costs associated with defending against any audit, claim, demand or law suit. Contractor warrants and represents that it is a properly licensed organization with a substantial investment in its business and that it maintains its own offices and staff which it will use in performing under this Agreement. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any legal action concerning this Agreement must be filed and litigated in the proper court in Mendocino County. 15. SEVERABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 16. INTEGRATION. This Agreement contains the entire agreement amount the parties and supersedes all prior and contemporaneous oral and written agreements, understandings, and representations among the parties. No amendments to this Agreement shall be binding unless executed in writing by all of the parties. 17. WAIVER. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 18. NOTICES. Whenever notice, payment or other communication is required or permitted under this Agreement it shall be deemed to have been given when personally delivered or when deposited in the United States mail with proper first class postage affixed thereto and addressed as follows: CONTRACTOR UKIAH Salvation Army 714 S. State St. Ukiah, CA 95482 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 19. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this agreement. 20. DUPLICATE ORIGINALS. This Agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed any such duplicate original shall be admissible as proof of the existence and terms of the Agreement between the parties. WHEREFORE, the parties have entered this Agreement on the date first written above. CONTRACTOR UKIAH By: By: Title: Title: PA:SalvationArmycontract2001.MW,01 Ukta S. City ,4ssist~~ief through Energy Support sponsored by City of Ukiah. ~4dministered by the Salvation ~4rmy. CITY 0 F UKIA H UKIAH C.A.R.E.S. PROGRAM (Temporary Emergency Assistance, Senior Discounts, Non-Senior Discounts) INCOME GUIDELINES JULY 1, 2001 THROUGH JUNE 30, 2002 Income used for eligibility is NET (take home pay) INCOME ~ 150% of FPIG NUMBER OF PEOPLE LIVING IN HOUSEHOLD 100 % of Annual Federal Poverty Income Guidelines Ukiah C.A.R.E.S* MONTHLY NET 150% of Annual CASH INCOME Federal Poverty OF HOUSEHOLD Income Guidelines 1-2 Persons $11,610 $1,451 $17,415 3 Persons $14,630 $1,829 $21,945 4 Persons $17,650 $2,206 $26,475 5 Persons $20,670 $2,584 $31,005 6 Persons $23,690 $2,961 $35,535 7 Persons $26,710 $3,339 $40,065 8 Persons $29,730 $3,716 $44,595 9 Persons $34,872 $4,321 $51,855 10 Persons $37,772 $4,684 $56,205 C.A.R.E.S. amounts represent 150% of Federal Poverty Income Guidelines. Over 10 people add $4,530 annually or $377.50 monthly for each additional person per household. Eligibility is determined by The Salvation Army * 714 S. State St., Ukiah, CA 95482 * (707) 468-9577 Ukt E. City Asst~tan~~.elief through Energy Support sponsored by City of Ukiah. Administered by the Salvation Army. Ukiah C.A.R.E.S. Guidelines (effective 3/7/01) The City of Ukiah C.A.R.E.S. Temporary Emergency Assistance and Monthly Discount Rates are not entitlement programs. Assistance will be available only as long as there is funding and applicants are deemed eligible through the Salvation Army's office at: 714 $. State St., Ukiah, CA 95482, (707) 468- 9577. The assistance for all Ukiah C.A.R.E.S. programs applies to City of Ukiah residential electric charges only. EMERGENCY ASSISTANCE PROGRAM A City of Ukiah utility customer can receive up to $300 maximum each twelve-month period (whichever comes first*). The non-electric portion of the household's utility bill must be paid prior to receiving the Emergency Assistance benefit. *If a customer's electric charges do not equal or exceed $300- at the time of the first eligibility period, they may re-apply and become eligible for the remaining balance of the maximum benefit before the end of the twelve-month period. For example, if a customer is eligible to receive emergency funds in the amount of $160- in January and has emergency needs in August of that same year, they may re-apply for a benefit of $140- as long as they meet the eligibility guidelines. The following set of circumstances may be taken into consideration to allow for energy assistance as exceptions to the guidelines. , Applicant is unable to complete direct payment amortization to the City of Ukiah. It is possible and acceptable that a customer will contact TSA (The Salvation Army) prior to attempting payment arrangements with City of Ukiah Customer Service Department. . No alternative assistance is available a. Exception - If applicant has applied for HEAP but funds have not yet been promised to the City of Ukiah, The Salvation Army may assist in their normal manner and determine eligibility for the applicants' energy emergency. b. If applicant has applied and qualified for ECIP, funds would be forthcoming and City staff will hold the customer's account. TSA (The Salvation Army) shall delay determination of eligibility for a 6-month period after the application date of ECIP. . Applicant must provide acceptable evidence that net household income (after tax, take home pay) must meet 150% of the current Federal Poverty Income Guidelines. a. Applicant must provide verification of at least two (2) pay periods prior to the date of application. b. Proof of income includes but is not limited to: i. Pay Stub ii. Award Letter iii. Copy of Federal Tax Return Page 1 .R.E.S. Program Guidelines (Cont'd) Co Exception - If the total net income (after tax-take home pay) of the household normally exceeds the FPIG standard, but extenuating circumstances are present, TSA (The Salvation Army) may determine a household eligible for assistance upon verification of the following items including but not limited to: i. Temporary Loss of Employment/Income of Primary and/or Secondary Wage Earner ii. Unexpected, uncovered Medical Expenses iii. Unexpected Funeral Expenses iv. Temporary Disability v. Unexpected water heater/refrigerator/heater or other major household repair or replacement is present . Applicant must not be residing in HUD,RCHDC,CDC,FmHa). a. Exception - the applicant could qualify if: b. subsidized housing (Section 8, All other criteria are met and circumstances like temporary loss or delay of income is present. Immediate family emergency is present such as: i. Verification of responsibility of funeral expenses ii. Verification of unexpected medical expenses not covered by insurance iii. Unexpected repair of major household appliance or vehicle required for employment . Applicant must possess insufficient cash assets No Exceptions to this guideline is allowed . An energy emergency must be present (applicant has received a Delinquent or Notice of Termination with disconnection of power eminent and as a result of income and assets is unable to pay his/her electric bill in installments). a. Exceptions to this guideline include: i. Unexpected repair or replacement of water heater/refrigerator or heater that created an unusually high electric bill is present. ii. This customer could qualify for assistance without being on a Delinquent or Notice of Termination. . A plan to pay their future energy bills must be completed No Exceptions to this guideline is allowed . Applicant must not have received assistance from the City of Ukiah Program within the twelve consecutive months prior to the date of application. No Exceptions to this guideline is allowed o Household income and available assets must be insufficient to pay the electric charges after consideration of deductible expenses. a. Household income means all money (including instruments readily converted to money such as, but not limited to, stocks, bonds, stock options, certificates of deposit, whole life insurance policies) received or expected within the calendar year, and any other benefits available to meet living expenses. Page 2 ~ClA.R.E.S. Program Guidelines (Cont'd) b. C. Assets mean any tangible or intangible property readily convertible to cash and available to any household members. Deductible expenses means: i. Mandatory amounts withheld from wages or other payments ii. Shelter Costs SENIOR CITIZEN DISCOUNT RATE PROGRAM This Benefit allows the first 120 kWh of the household's monthly electric bill at no charge. Up to a $14.45 monthly credit - savings of up to $173.40 per year o Applicant must be 62 years or older. a. Identification is required such as: i. Drivers License ii. Birth Certificate iii. Medicare Card validating Birth Date No exceptions to this guideline . Applicant must provide verification of annual net household income (after tax, take home pay) on a calendar year basis for all household members. a. Applicant must provide verification of annual income prior to the date of application. b. Proof of income includes but is not limited to: i. Pay Stub, if produced for one month amount will be multiplied by 12 to determine annual income. ii. Award Letter iii. Copy of Federal Tax Return No exceptions to this guideline , The total household income must meet 150% of the current Federal Poverty Income Guidelines. No exceptions to this guideline . Utility services must be in the eligible senior citizen's name. No exceptions to this guideline , Eligibility must be renewed each twelve month period No exceptions to this guideline Page 3 i!U~~,J~.E.S. Program Guidelines (Cont'd) MONTHLY DISCOUNT RATE PROGRAM This Benefit allows the first 100 kWh of the household's monthly electric bill at no charge. Up to a $12.04 monthly credit - savings of up to $144.48 per year. . Applicant must provide verification of annual net household income (after tax, take home pay) on a calendar year basis for all household members. a. Applicant must provide verification of annual income prior to the date of application. b. Proof of income includes but is not limited to' i. Pay Stub, if produced for one month amount will be multiplied by 12 to determine annual income. ii. Award Letter iii. Copy of Federal Tax Return No exceptions to this guideline . The total net household income must meet 150% of the current Federal Poverty Income Guidelines. No exceptions to this guideline . Utility services must be in the eligible applicant's name. No exceptions to this guideline . Applicant must not be residing in subsidized housing (Section 8, HUD, RCHDC, CDC, FmHa). No exceptions to this guideline 10. Eligibility must be renewed each twelve month period. No exceptions to this guideline PA:careguidelines March 2001 Page 4 ITEM NO. 9c AGENDA SUMMARY DATE: August 15, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION DISALLOWING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE ALONG LESLIE STREET SUMMARY: Mendocino Transit Authority (MTA) submitted a request to the Traffic Engineering Committee (TEC) to evaluate the street side parking on the East side of Leslie Street at its intersection with Perkins Street. There is no curb, gutter, and sidewalk along the Leslie Street frontage of the recently remodeled structure at the corner of Leslie Street and Perkins Street. A photograph, Attachment 2, is included for reference. Staff investigated and observed vehicles parked along the unimproved dirt area immediately adjacent to the building. The vehicles were parked in a manner such that pedestrians walking along the East side of Leslie Street would have to walk around the parked cars, on the pavement in the travel lane. In addition, vehicles parked in the sidewalk area restrict the orderly flow of northbound traffic. Leslie Street, at its intersection with Perkins Street has three lanes, a southbound through lane (16 feet wide from curb to lane stripe), a northbound left turn lane (10 feet wide), and a northbound right turn lane (12 feet wide from lane stripe to curb). The City's standard lane width is 12 feet and the standard width for parallel parking is 8 feet. There is an existing no-parking zone on the West side of Leslie Street along the frontage of the National Bank of the Redwoods. Leslie Street at this location is not wide enough to permit on-street parking on either side of the street. (continued on page 2) RECOMMENDED ACTION: Adopt Resolution disallowing on-street parking and establishing a no parking zone on Leslie Street. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not adopt resolution and provide direction to staff. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Those adjacent to the proposed no-parking zone Diana Steele, Director of Public Works / City Engineer~ Rick Seanor, Deputy Director of Public Works L:2~.~ Candace Horsley, City Manager 1. Resolution for Adoption 2. Photograph of Proposed No-Parking Zone R-'S:*o.,O.~,,Sm,h Candace Horsley, Ci't~ Manager Page 2 Adoption of Resolution Disallowing On-Street Parking and Establishing a No Parking Zone along Leslie Street August 15, 2001 The TEC reviewed this request at its regular meeting of June 19, 2001 and recommended that a no parking zone for a length of 125 feet on the East side of Leslie Street be submitted for approval by the City Council. PARKING IMPACTS: The net result of the proposed action will be a loss of approximately six on-street parking spaces. However, since the street is not wide enough to support parallel parking and safe pedestrian passage in its current condition, and will not be wide enough to allow parallel parking and two-way traffic when curb, gutter and sidewalk is constructed, there is essentially no loss of code-compliant parking. Staff has distributed copies of this agenda report to adjacent residents and businesses to inform them of the recommended action. CONCLUSION: Staff recommends adoption of the resolution disallowing on street parking at the described location on Leslie Street. RESOLUTION NO. 2002- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DISALLOWING ON-STREET PARKING AND ESTABLISHING A NO PARKING ZONE ALONG LESLIE STREET WHEREAS, the City Council may by resolution designate portions of streets upon which the standing, parking, or stopping of vehicles is prohibited or restricted pursuant to Article 11, Chapter 1, Division 8 of the Ukiah City Code; and WHEREAS, the provisions of Section 7143 of the City Code provide for no parking at locations designated by appropriate signs; and WHEREAS, the Traffic Engineering Committee (Traffic Engineer) considered the request from Mendocino Transit Authority to establish a "No Parking Zone" within the City of Ukiah; and WHEREAS, the Traffic Engineer recommends the request regarding this "No Parking Zone", NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City Council of the City of Ukiah does establish a "No Parking Zone" on the east side of Leslie Street, beginning at the crosswalk located at the intersection with Perkins Street and extending 125 feet South. PASSED AND ADOPTED this 15th day of August, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2002- Page 1 of 1 Offthe intersection of Leslie St. and Perkins St. the 125 foot mark is from the closest part of the crosswalk to the roller. AGENDA SUMMARY ITEM NO. 9d DATE: August 15, 2001 REPORT SUBJECT: AUTHORIZE SOLE SOURCE PROCUREMENT BY EXECUTION OF AMENDMENT NO. 4 TO THE AGREEMENT WITH EBA WASTECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $24,840 FOR ADDITIONAL SOIL AND GROUNDWATER PLUME DEFINITION AT THE CORPORATION YARD SUMMARY: In April 2001, EBA Wastechnologies, (EBA) on behalf of the City of Ukiah, submitted a Work Plan for Additional Soil and Groundwater Plume Definition at the Corporation Yard to the North Coast Regional Water Quality Control Board (NCRWQCB). By letter dated May 18, 2001, (Attachment 2) the NCRWQCB directed the City to proceed with the work identified in the work plan and prepare a report to further delineate the vertical and horizontal extent of soil and groundwater contamination associated with the old fueling facility at the Corporation Yard. In addition, the NCRWQCB requested the City of Ukiah to revise the Sensitive Receptor Survey (analysis of water wells within a ¼ mile radius of the Corporation Yard). Both of these reports must be submitted to the NCRWQCB by August 31, 2001. Due to the short time frame required to prepare and submit the requested report, staff obtained a cost estimate for completion of the work plan and related subsurface investigation from EBA Wastechnologies (Attachment 3). continued on page 2 RECOMMENDED ACTION: Authorize Sole Source Procurement by Execution of Amendment No. 4 to the Agreement with EBA Wastechnologies in an Amount Not to Exceed $24,840 for Additional Soil and Groundwater Plume Definition at the Corporation Yard. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Diana Steele, Director of Public Works / City Enginee~~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Amendment No. 4 to the Agreement 2. Letter from NCRWQCB 3. Cost Estimates from EBA Wastechnologies 4. Agreement for Professional Consulting Services 5. Fiscal Year 2001 / 2002 budget sheet APPROVED:, ~ 'G~,~~ RJS:AOebaProfSvcs6 C~~ce Horsley, Cit~Manager Page 2 Authorize Sole Source Procurement by Execution of Amendment No. 4 to the Agreement with EBA Wastechnologies in an Amount Not to Exceed $24,840 for Additional Soil and Groundwater Plume Definition at the Corporation Yard August 15, 2001 Since approximately $10,340 in funds remain unexpended from the previous subsurface investigation, staff, with concurrence from the City Manager, directed EBA Wastechnologies to proceed with the additional related subsurface investigation work. The balance of funds needed to complete the Additional Soil and Groundwater Plume Definition is therefore $24,840. Funds in the amount of $29,750 are available for this work and are identified in the Fiscal Year 2001 / 2002 budget as shown in Attachment 5. EBA has confirmed that it will complete the required work plan by August 31, 2001. The City has been pleased with EBA's performance on past work related to the subsurface investigation. EBA has proven that it can complete required work products within established deadlines. CITY OF UKIAH AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED AUGUST 26, 1998 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated August 26, 1998; the Amendment dated December 15, 1998; the Second Amendment dated May 5, 1999 and the Third Amendment dated July 5, 2000 shall remain in force and effect except as modified by this fourth amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 4. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the May 18, 2001 letter from the California Regional Water Quality Control Board and described in the transmittal letter from EBA Wastechnologies dated July 23, 2001. Copies of said letter are included in this fourth amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $35,179.90. EBA WASTECHNOLOGIES CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 4 to Agreement for Professional Consulting Services Winston H. Hickox Secrctao, for Environmental Protection California Regional Water Quality Control Board North C:ast Region Daniel F. Crowley, Chairman Interact Address: http://www.swrcb.ca.gov/-rwqcb ! / 5550. Skylane Boulevard, Suite A, Santa Rosa, California 95403 Phone: I (877) 721-9203 (toll f:ee) · Office: (707) 576-2220 · FAX: (707) 523-0135 May 18,2001 Mr. Rick Seanor City of Ukiah Department of Public Works 300 Seminary Drive Ukiah, CA 95482 Gray Davis ~o¥~rHol' RECEIVED MAY 1 2001 CITY OF UKIAH DEPT. OF PUBLIC WORKS Dear Mr. Seanor: Subject: File: Comments on Work Plan for Additional Soil and Groundwater Plume Definition. Ukiah, City Corporation Yard, 1320 Airport Road, Ukiah, California Case No. 1TMC201 The Work Plan for Additional Soil and Groundwater Plume Investigation dated April 13,2001 and Workplan Addendum (work plans) dated May 10, 2001 prepared by EBA Wastechnologies and the files for the subject site have been reviewed by the Regional Water Quality Control Board (Regional Water Board) staff. Regional Water Board staff concurs with.the proposed scope of work presented in the work plans. Regional Water Board staff does not consider the sensitive receptor survey submitted by EBA Wastechnologies in November 1998 to be comprehensive. The assessment should include locations of water supply wells, with construction details, and pumping rates; surface waters; preferential pathways including subsurface utilities; sensitive environmental habitats, and the identification of any potential health and safety issues within a ¼ mile'radius of the site. This SRS should also include a door-to-door well survey within the ¼-mile radius. Please notify Regional Water Board staff at least five (5) business days prior to starting the field portion of this work' so that the drilling procedure may be observed. Please submit the report of field findings for the proposed work along with the revised Sensitive Receptor Survey by August 31,2001. If you have any questions,.please call me at (707) 576-2671. Sincerely, 'Daniel g. ~arne/ Environmental Specialist III DLW:dc\UCCY-4-workplan concur, doc California Environmental Protection Agency 0 RecycledPaper ~ t4 T "The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list simple ways you can reduce demand and cut your energy costs, see our Web-site at: http://www.swrcb.ca.gov/." Mr. Rick Seanor - 2 - May 18, 2001 CC; Mr. Wayne Briley, Mendocino County Health Dept., 501 Low Gap Road, Room 1326, Ukiah, CA 95482 Mr. Eriksen Phenix, EBA Wastecbmologies, 825 Sonoma Avenue, Santa Rosa, CA 95404 California Environmental Protection Agency 2P. 7__. Recycled Paper "The energy challenge facing Caiifornia is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web-site at: bttp://www.swrcb.ca.gov/." EBA WASTECHNOLOGIES 825 Sonoma Avenue, Suite C Santa Rosa, CA 95404 (707) 544-0784 Fax (707) 544-0866 TO' City of Ukiah 300 Seminary Drive, Ukiah, CA 95482. TRA NSIFI! 7"t'A L L. E TTER RECEIVED JUL 2 6 2001 Date: July 23, 2001 Attn' Rick Seanor CITY OF UKIAH DEPT. OF PUBLIC WORKS We Are Sending You: (x) Attached ( ) Under separate cover via For Your: ( ) Approval ( x ) Use ( ) Information ( x ) Record ( ) Review and Comment The Following: ( ) Drawings ( ) Specifications ( ) Floppy Disk ( ) Shop Drawings ( ) Change Order ( x ) Document(s) ( ) Samples ( ) Copy of Letter Copies Date Description 2 Cost Estimates - "Additional Plume Definition" and "Sensitive Receptor Survey"' Remarks: Dear Rick: As we discussed, here are cost estimates to perform the two scopes of work required by the Regional Water Quality Control Board. There is roughly $10,500 of unspent contract funds between EBA and the City of Ukiah for the Corporation Yard. Please check with your accounting staff to confirm this amount. PleaSe contact me if you need additional information. Copy To: Christine Scheib L:\env\ust\621ukiah\cost estimates\costesttrans.doc /~ TTR C.N l~i E Id T :~ ~ Engineers & Environmental Consultants STANDARD SCHEDULE OF FEES AND RATES Principal Engineer .............................................................................. $140.00 per hour Chief Geologist/Chief Engineer ......................................................... $105.00 per hour Senior Geologist/Senior Engineer ...................................................... $ 85.00 - $ 90.00 per hour Project Geologist/Project Engineer .................................................... $ 75.00 - $ 85.00 per hour Staff Geologist/Staff Engineer ........................................................... $ 60.00 - $ 75.00 per hour Survey: 3 Man Crew (incl. equipment) .............................................. $185.00 per hour Survey: 2 Man Crew (incl. equipment) .............................................. $145.00 per hour Environmental Specialist ................................................................... $ 45.00 - $ 60.00 per hour Senior Environmental Specialist ........................................................ $ 70.00 per hour Design Draftsperson ........................................................................... $ 60.00 per hour Wordprocessing ................................................................................. $ 42.00 per hour Clerical ............................................................................................... $ 40.00 per hour Administrative .................................................................................... $ 55.00 per hour Systems Manager ............................................................................... $ 60.00 per hour Depositions or court proceedings ....................................................... 150% of usual rates Subconsultants ................................................................................... Cost plus 15% Prints and materials ............................................................................ Cost plus 15% Miscellaneous expenses ..................................................................... Cost plus 15% Effective March 1998 L:LMASTERSL~ORMS\RATES\WASTE9 8 .DOC 825 Sonoma Avenue, Suite C Santa Rosa, California 95404 www. ebawaste.com e-mail: info@ebawaste.com (707) 544-0784 FAX (707) 544-0866 Also in Southern California AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this a~ day of_~ 1998, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred-' "t~ as "City"' and EBA WASTECHNOLOGIES (EBA), a California Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: a, City requires consulting services related to the implementation of the approved and amended work plan tbr soil and groundwater investigation at the City Corporation Yard. b. C. Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. 1.0 1.1 2.0 2.1 2.2. 3.0 3.1 TERMS OF AGREEMENT DESCRIPTION OF PROJECT The Project is described in detail ia the attached Scope-of-Work (Attachment SCOPE OF SERVICES As set forth in Attachment Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services ia accordance with the time requirements set forth in the Work Schedule. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends its is entitled to further compensation. AG~'T FOR PROFESSIONAL CONSULTING SERV]CI~ PAGE I OF 7 4.0 4.1 4.2 4.3 4.4 5.0 5.1 5.2 6.0 6.1 COMPENSATION FOR SERVICES .Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $12,500. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel in effect as of the date of this contract which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and reasonable. Changes. Any changes in compensation warranted by changes in the Scope-of-Work of this Agreement, must be agreed upon in writing by both parties to the Agreement. 'Changes to the Scope-of-Work" means different activities than those described in Attachment 'A' and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within the $12,500 provided in Section 4.1. Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon 30 days after receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. ..Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICF_~ PAGE 2 OF 7 g. B. Co Minimum Scope of Insurance Coverage shall be at least as broad as: . Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. . ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 Many auto' or Code 8, 9 if no owned autos and endorsement CA 0025. . Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 1 Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. Minimum Limits of Insurance Consultant shall maintain limits no less than: , _General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. . Professional Liability_ Coverage: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement,. or the aggregate limit shall be twice the per occurrence limit. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. AGILEEMEHT FOR PROFE~IONAL CONSULTING ~RViCES PAGE 3 OF 7 Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages Re The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles' owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. be The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. do The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker'~ Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retro, activity date shall be the effective date of this Agreement. ~ne policy period shall extend from June 1, 1998 to June 1, 1999. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty 00) days prior written notice by certified mail, return receipt requested, has been given to the City. AGREEMENT FOR PROFESSION~ CONSULTING $1~RVIC]~ PAGE 4 OF 7 6.2 7.0 E. Acceptability of Insurers Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. F. Verification of Coverage Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. Ail Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all clairr% 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 it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant agains.t 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. CONTRACT PROVISIONS AGREEMENT FOR PROFF..SSION~ CONSULTING ~ERVICES PAGE 5 OF 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 Ownership of Work. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment ~A~. Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. _.Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding b~ween the parties. Sever;ability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. .Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Consultant's services are considered unique and personal. Consultant 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. .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. Litigation. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. 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 Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant 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 Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. AGREEMI~'T FOR PROFESSIONAL CONSULTING SERVICES PAGE 6 OF 7 7.10 8.0 Duplicate Original~. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, ea'ch such document shall be admissible in administrative or judicial proceedings az proofof the tern~ of the Agreement between the ptrties. Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the maU (certified or registered) addressed to the parties az follows: CITY OF UKIAH EBA WASTECHNOLOGIF..S DEPARTMENT OF PUBLIC WORKS 825 SONOMA AVENUE, SUITE C 300 SEMINARY AVENUE SANTA ROSA, CALIFORNIA 95404 UKIAH, CALIFORNIA 95482 9.0 SIGNATURES written: IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above CITY OF UKIAH CANDACE HORSLEY CITY MANAGER EBA WASTECHNOLOGIE$ BY: DUANE BUTLER, PE PRESIDENT ATTEST MARIE ULVILA CITY CLERK APPROVED AS TO FORM: A"I~ACH~~ A. Scope-of-Work and Work Schedule ATTACHMENT "A" SCOPE-OF-SERVICES AND WORK SCHEDULE A. Scope-of-Services Consultant agrees to provide those services needed to complete, to the reasonable satisfaction of the Regional Water Quality Control Board, North Coast Region, the work described in the approved and amended Work Plan for soil and groundwater investigation at the City of lJld~ Corporation Yard dated April 1998, including those items of work outlined in the letter from the California Regional Water Quality Control Board, North Coast Region, dated lune 18, 1998, attached hereto. In general terms, this work involves the installation and sampling of six (6) borings, converting two (2) borings into 2" monitoring wells to a depth of 20 feet, development of the two (2) new monitoring wells, sampling of the two (2) existing, two (2) monitoring wells, and preparation of a Report of Findings with conclusions and recommendations for additional work. Consultant has provided a Revised Cost Estimate Summary dated July 10, 1998, which provides estimated costs for the various phases of work required by the approved and amended Work Plan. The estimated cost of each item of work is provided for reference only and the itemized costs are no__!t cost maximums for the indicated work item. Consultant shall be compensated in accordance with Paragraph 4.0 of the Agreement. B. Work Schedule The Consultant shall complete the work of the Agreement to facilitate a submittal of the Report of Findings to the North Coast Regional Water Control Board no later than October 30, 1998. A: 1 ~,GREEM ENT.2 EBA AGREEMENT FOR PROFF__.E~ION~ CONSULTING SERVICES PAGE 8 OF 7 8°. o ITEM NO. DATE: AUGUST 15, 2001 AGENDA SUMMARY REPORT SUBJECT: AWARD BID FOR 2-WHEEL DRIVE Y2 TON PICK-UP TO HARPER MOTORS FOR THE SUM OF $15,017.80. REPORT: Included in the 2001-02 Budget, Account No. 820.3901.800.000, is $18,000 to purchase a new Y2 ton pick-up to replace a 1986 pick-up now in service in the Public Utilities Department, Water Division. Specifications were written and Requests for Quotations through the formal bid process were sent to 14 auto and truck dealers. Seven bids were received on July 31, 2001. The lowest bid is from Harper Ford for the sum of $15,017.80. RECOMMENDED ACTION: Award Bid For The Y= Pick-Up To Harper Ford For The Sum Of $15,017.80. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject bids and remand to staff with direction. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Darryl L. Barnes, Director of Public Utilities George Borecky, Water/Sewer Operations Superintendent Candace Horsley, City Manager Tabulation of Bids Candace Horsley, ~it~Manager JULY 2001 TABULATION OF BIDS FOR NEW ½ TON PICK-UP 1 Harper Ford $15,017.80 2 Northlake Ford-Mercury $16,006.88 3 Downtown Ford Sales $16,547.55 4 Jamison Auto Center* $16,587.90 5 Ukiah Ford $16,876.04 6 Ukiah Dodge Chrysler Plymouth Jeep $16,919.39 7 Ken Fowler Motors $19,386.63 *bid price shown includes $500 discount if paid in 20 days ITEM NO. 9f DATE: August 15, 2001 SUBJECT: AGENDA SUMMARY REPORT APPROVAL OF RENEWAL OF LEASE AGREEMENT WITH UKIAH WHOLESALE LUMBER FOR A PORTION OF THE UKIAH REGIONAL AIRPORT Ukiah Wholesale Lumber, a resaw and wholesale lumber distribution firm, has been located at the northeast corner of the Ukiah Regional Airport for several years. Their current five year lease is scheduled to expire on August 31 and business owner Mr. Frank Van Vrank is requesting an extension. Staff is proposing a three year term as opposed to current five year term as Mr. Van Vrank has indicated he intends to relocate the business during that time. Staff is also proposing the current rental rate of $1,175 per month with an annual escalator clause of 5% be extended as well. All other terms and conditions of the lease are proposed to continue as defined in the current lease. RECOMMENDED ACTION: Approve renewal of lease with Ukiah Wholesale Lumber for a portion of the Ukiah regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine lease requires revision and approve as revised. 2. Determine approval of lease is inappropriate at this time and do not move to approve. Citizen Advised: Yes Requested by: Prepared by: Coordinated with: Attachments: 1. 2. Ukiah Wholesale Lumber Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager and Don Bua, Airport Manager Current Lease Proposed Lease APPROVED: LB/ZIP Candace Horsley, ~ Manager Ukiahwhlsle. Asr LEASE AGREEMENT UKIAH MUNICIPAL AIRPORT PROPERTY UKIAH WHOLESALE LUMBER,'-INC. THIS AGREEMENT, by and between the City of Ukiah, a municipal corporation of the State of California, hereinafter called "City," as Lessor, and Ukiah Wholesale Lumber, a corporation organized and operating under and in compliance with the laws of the State of California, Bobby Kennedy, and Frank Van Vrank, hereinafter called "Lessees," WITNESSETH: 1. LEASE. City does. hereby lease to ,----..-..-...,!"""'~"" and, ._............I ......,.. do hereby accept from City,. *hat.,, portion of the Ukiah Municipal Airport shown in red on the attached sketch entitled "Cagle Lease - Ukiah Municipal Airport," which said sketch is incorporated herein by reference and is marked Exhibit "A." City hereby leases this property under the alternate authority contained in Government Code sections 37380 and 37395 and finds that the premises which are the subject of this Lease are not now needed for airport purposes. 2. RENTAL. Rent shall be paid as follows: Lessees shall pay to City $1,000.00 per month on the first day of each month, commencing on Ocotober 1, 1996, until the 30th day of September, 1998. Rent for the remaining three years of this Lease shall be increased by 5% annually, effective September 1 of each year. 3. TERM. This Lease shall be for a term of five (5) years, commencing on the 1st day of September, 1996, and terminating on the 31st day of August, 2001. Lessees shall have the option to renew the Lease for an additional term of five (5) years. The rent for the additional five (5) year term shall be fixed as the parties agree at that time. 4. USE AND IMPROVEMENTS. 4.1. The leased premises shall be used only for a lumber manufacturing plant unless the City shall otherwise consent in writing. Lessees may install cutLoff saws and an overhead cover therefore, an office, an above-ground 10,000 gallon capacity diesel fuel storage tank and may install an underground gasoline storage tank all in substantially the same locations as are shown on the sketch marked "Exhibit A." All improvements installed by Lessees shall comply with all applicable codes, laws, and ordinances regulating the construction or maintenance of such improvements. Construction of any structures other than those noted shall be subject to prior approval by City. No structure may be so removed without the consent of City and all improvements remaining at the Page 1 of 5 conclusion of the Lease term shall, at City's option, become the property of City. All improvements not retained by City shall be removed and the property cleaned to the reasonable satisfaction of Lessor, such approval not to be bnreasonably withheld. No burning of sawdust or waste lumber material shall be done. Ail outside lights shall be so situated so as not to shine directly toward the runway or approach area of the airport. 4.2. Lessees shall at all times exercise due care in operating vehicles on and around the Premises. Lessees shall at all times comply fully with all statutes, ordinances, and regulations, specifically including the California Vehicle Code, applicable to the operation of vehicles, including but not limited to for-lifts, on and around the Premises and surrounding public streets. 5. FENCES, PAVING, AND UTILITIES. Lessees shall install a 6-foot high fence sufficient to limit access to the leased area around the perimeter thereof; Lessees shall also provide and maintain throughout the life of this Lease paving or dust control oil on the entire premises sufficient to control dust. Lessees shall provide at their own expense lighting, sewer, water, and all other necessary utilities. 6. SET-BACK LIMITS AND HEIGHT RESTRICTIONS. All improvements installed on the leased premises shall be required to conform to any setback or height limit established by an law, ordinance, or FAA regulation now existing or which may be hereafter adopted. 7. SUBORDINATION. a) This Agreement shall be subordinate to the provisions of any existing or future agreement between the City and United States of America, or any agency or administrative arm thereof, and to any rules, regulations, or policies adopted by the United States of America, or any agency or administrative arm thereof, relating to the operation or maintenance of the Ukiah Municipal Airport. Should this Lease be required to be .terminated for any of the foregoing reasons, it is agreed that Lessees shall terminate and remove therefrom all of their property and vacate such leased premises within thirty (30) days after receipt of a written termination notice from City. b) This Agreement shall be subordinate to the needs of the community and the municipal government. At any time that it is determined by the City Council of the City of Ukiah that the property which is the subject of this Lease is needed to serve a municipal need, it is agreed that Lessees shall terminate and remove therefrom all of their property and vacate such leased premises within thirty (3) days after receipt of a written termination notice from City. In that connection it is specifically agreed that Lessees in the use and operation of this Lease will not on the grounds of race, color, or national original discriminate or permit discrimination against any person or group of persons in any manner prohibited by any Page 2 of 5 applicable laws, including, but no limited to, any rules and regulations of the Federal Aviation Administration. Lessees hereby grant to City the right to take such action as the Government of the United states of America may direct to'~nforce such covenant. 8. INSURANCE. Lessees shall provide at their own expense insurance as required by the attached Exhibit "B" which is incorporated herein by reference as though set forth in full. 9. RELEASE AND INDEMNIFICATION. 9.1. This Lease is made upon the express condition that City shall not be liable for any damages or claims for damages by reason of any bodily injury or death to any person or per_sons, or for the damage or destruction of any property while in, on, or in any way connected with said property or premises during the occupancy of said premises by Lessees. Lessees agree to defend and hold harmless City, and any of its officers, agents or employees, from and against any and all claims, loss, expense, damage, charge, lien, liability or cause of action or proceedings of whatsoever nature on account of, or arising out of the injury to, or death of any person or persons or damage to or destruction of property or premises, resulting from Lessees' use of the leased premises. It is expressly agreed that the terms of this provision shall include negligence of all parties, excluding only that negligence alleged to be caused solely and exclusively by the City or any of its officers, agents or employees. 9.2. Lessees shall not dispose of or permit the disposal of hazardous or toxic substances on the leased premises. If any hazardous or toxic substances are disposed of or released on the leased premises during the term of this lease, Lessees shall assume the entire obligation to clean up any such substances, whether the pollution or damage remains on the leased premises or extends to lands or waters located outside the boundaries of the leased premises, and shall fully indemnify, defend and hold harmless the Lessor from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. Such costs and expenses shall include defense costs, including courts fees, litigation expenses, and the fees of a~orneys, investigators, experts and consultants. This subparagraph shall remain in effect, even after the termination of this Lease. 10. ASSIGNMENTS. This Lease shall not be assigned, transferred, let, sublet, nor underlet by Lessees except with the written consent of City and upon such terms and conditions as City may require and for such length of time as City may fix. The prohibition against assignment without consent shall include assignments by operation of law and assignments by any court or similar body. Page 3 of 5 11. BINDING ON ASSIGNS. This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, partners or legal representatives of each party. 12. REMEDIES IN EVENT OF DEFAULT. Should Lessees fail to keep, comply with, or perform any of the agreements, covenants, or conditions of this Lease by them agreed to, City shall have the right to terminate this Lease and enter upon said premises and remove therefrom all persons and property, and repossess itself of its first and former estate. In the event of breach or default by Lessees of any condition o this Agreement, including failure to pay rent when due, all rental payments shall accelerate and become due and payable immediately and City may keep and retain any advance payments made by Lessees and may recover from Lessees the full amount of rental payments due under this Agreement. 13. TAXES. Lessees agree to pay any possessory interest or other tax which may be levied upon Lessees' interest or upon that portion of City property occupied by Lessees. 14. TIME OF ESSENCE. Time is of the essence of this Agreement. 15. WAIVER. City's waiver of any default in Lessees' performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessees or their assignees shall not constitute a waiver of the failure of Lessees to pay rent or obtain prior approval to an assignment of this Lease. 16. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail, postage prepaid and addressed as follows: TO LESSEE TO CITY Messrs. Kennedy/Smith Ukiah Wholesale Lumber 1260 Airport Road Ukiah, CA 95482 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Page 4 of 5 17. This Lease is intended to and does supersede the existing Lease for the subject property. IN WITNESS WHEREOF, this Lease has been executed by Lessee this day of,.~',~o~_,,~,.. ,199~, and by City this 3,1 day of_ 3"~u~,,~..¥ ,199~.~ LESSEE CITY Ukiah Wholesale Lumber Company Corporation Attest: City of Ukiah, a Municipal ~~"~~_/'--~ By: .._candace Horsley, City Malager M~.~g~e Gi~'ntoli, CiO Clerk Page 5 of 5 LEASE AGREEMENT UKZAH MUNICIPAL AIRPORT PROPERTY UKZAH WHOLESALE LUMBEI~ INC. THIS AGREEMENT, by and between the City of Ukiah, a municipal corporation of the State of California, hereinafter called "City," as Lessor, and Ukiah Wholesale Lumber, a corporation organized and operating under and in compliance with the laws of the State of California, Bobby Kennedy, and Frank Van Vrank, hereinafter called "Lessees," WTTNESSETH: 1. LEASE. City does hereby lease to Lessees, and Lessees do hereby accept from City, that portion of the Ukiah Municipal Airport shown in red on the attached sketch entitled "Cagle Lease - Ukiah Municipal Airport," which said sketch is incorporated herein by reference and is marked Exhibit "A." City hereby leases this property under the alternate authority contained in Government Code sections 37380 and 37395 and finds that the premises which are the subject of this Lease are not now needed for airport purposes. 2. TERM. This Lease shall be for a term of three (3) years, commencing on the 1st day of September, 2001, and terminating on the 31st day of August, 2004 3. RENTAL. Rent shall be paid as follows: Lessees shall pay to City $1,175.00 per month on the first day of each month, commencing on September 1, 2001. Rent for the remaining two years of this Lease shall be increased by 5% annually, effective September 1, of each year. 4. USE AND IMPROVEHENTS. 4.1. The leased premises shall be used only for a lumber manufacturing plant unless the City shall otherwise consent in writing. All improvements installed by Lessees shall comply with all applicable codes, laws, and ordinances regulating the construction or maintenance of such improvements. Construction of any structures other than those noted shall be subject to prior approval by City. No structure may be so removed without the consent of City and all improvements remaining at the conclusion of the Lease term shall, at City's option, become the property of City. All improvements not retained by City shall be removed and the property cleaned to the reasonable satisfaction of Lessor, such approval not to be unreasonably withheld. No burning of sawdust or waste lumber material shall be done. All outside lights shall be so situated so as not to shine directly toward the runway or approach area of the airport. 5. FENCES, PAVING, AND UTZLI'rZES. Lessees shall maintain a 6-foot high fence sufficient to limit access to the leased area around the perimeter thereof; Lessees shall also provide and maintain throughout the life of this Lease paving or dust control oil on the entire premises sufficient to control dust. Lessees shall provide at their own expense, lighting, sewer, water, and all other necessary utilities. 6. SET-BACK LIMITS AND HEIGHT RESTRICTIONS. All improvements installed on the leased premises shall be required to conform to any setback or height limit established by any law, ordinance, or FAA regulation now existing or which may be hereafter adopted. 7. SUBORDINATION. a) This Agreement shall be subordinate to the provisions of nay existing or future agreement between the City and United States of America, or any agency or administrative arm thereof, and to any .rules, regulations, or policies adopted by the United States of America, or any agency or administrative arm thereof, relating to the operation or maintenance of the Ukiah Municipal Airport. Should this Lease be required to be terminated for any of the foregoing reasons, it is agreed that Lessees shall terminate and remove therefrom all of,their property and vacate such leased premises within thirty (30) days after receipt of a written termination notice from City. b) This Agreement shall be subordinate to the needs of the community and the municipal government. At any time that is determined by the City Council of the City of Ukiah that the property which is the subject of this Lease is needed to serve a municipal need, it is agreed that Lessees shall terminate and remove therefrom all of their property and vacate such leased premises within thirty (30) days after receipt of a written termination notice from City. In that connection it is specifically agreed that Lessees in the use and operation of this Lease will not on the grounds of race, color, or national origin discriminate or permit discrimination against any person or group of persons in any manner prohibited by any applicable laws, including, but not limited to, any rules and regulations of the Federal Aviation Administration. Lessees herebY grant to City the right to take such action as the Government of the United States of America may direct to enforce such covenant. 8. INSURANCE Lessee shall provide at their, own expense insurance as required by the attached Exhibit "B" which is incorporated herein by reference. 9. RELEASES AND INDEMNIFICATION. 9.:!.. This Lease is made upon the express condition that City shall not be liable for any damages or claims for damages by reason of any bodily injury or death to any person or persons, or for the damage or destruction of any property while in, on, or in any way connected with said property or premises during the occupancy of said premises by Lessees. Lessees agree to defend and hold harmless City, and any of its officers, agents or employees, from and against any and all claims, loss, expense, damage, charge, lien, liability or cause of action or proceedings of whatsoever nature on account of, or arising out of the injury to, or death of any person or persons or damage to or destruction of property or premises, resulting from Lessees' use of the 2 leased premises. It is expressly agreed that the terms of this provision shall include negligence of all parties, excluding only that negligence alleged to be caused solely and exclusively by the City or any of its officers, agents or employees. 9.2. Lessees shall not dispose of or permit the disposal of hazardous or toxic substances on the leased premises. If nay hazardous or toxic substances are disposed of or released on the leased premises during the term of this lese, Lessees shall assume the entire obligation to clean up any such substances, whether the pollution or damage remains on the leased premises or extends to lands or waters located outside the boundaries of the leased premises or extends to lands or waters located outside the boundaries of the leased premises, and shall fully indemnify, defend and hold harmless the Lessor from any claim, damage, loss, liability, cost or expense of any nature whatsoever arising out of the release or disposition on the leased premises of any toxic or hazardous substance. Such costs and expenses shall include defense costs, including courts fees, litigation expenses, and the fees of attorneys, investigators, experts and consultants. This subparagraph shall remain in effect, even after the termination of this Lease. 10. ASS?GNMENTS. This Lease shall not be assigned, transferred, let, sublet, nor underlet by Lessees except with the written consent of City and upon such terms and conditions as City may require and for such length of time as City may fix. The prohibition against assignment without consent shall include assignments by operation of law and assignments by any court or similar body. 11. BTND]:NG ON ASS]:GNS. This Agreement shall be binding upon and shall inure to the benefit of the successors, assigns, heirs, partners or legal representatives of each party. 12. REMED:[ES TN EVENT OF DEFAULT. Should Lessees fail to keep, comply with, or perform any of the agreements, covenants, or conditions of this Lease by them agreed to, City shall have the right to terminate this Lease and enter upon said premises and remove therefrom all persons and property, and repossess itself of its first and former estate. ]~n the event of breach or default by Lessees of any condition of this Agreement, including failure to pay rent when due, all rental payments shall accelerate and become due and payable immediately and City may keep and retain any advance payments made by Lessees and may recover from Lessees the full amount of rental payments due under this Agreement. 13. TAXES. Lessees agree to pay any possessory interest or other tax which may be levied upon Lessees' interest or upon that portion of City property occupied by Lessees. 14. T/ME OF ESSENCE. Time is of the essence of this Agreement. 15. WAZVER. City's waiver of any default in Lessees' performance of any condition of this Lease, including the obligation to pay rent, shall not constitute a waiver of remedies available for a subsequent breach of the same or a different condition of this Lease. Acceptance of subsequent rental payments from Lessees or their assignees shall not constitute a waiver of the failure of Lessees to pay rent or obtain prior approval to an assignment of this Lease. 16. NOTICES. Any written notice required hereby shall be deemed sufficient when placed in the United States mail,-postage prepaid and addressed as follows: TO LESSEE TO CITY Messrs. Kennedy/Smith Ukiah Wholesale Lumber :L260 Airport Road Ukiah, CA 95482 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 17. This Lease is intended to and does supersede the existing Lease for the subject property. IN WITNESS WHEREOF, this Lease has been executed this day of August, 2001. LESSEE C1TY Ukiah Wholesale Lumber Company Corporation City of Ukiah By: By: Bobby Kennedy Candace Horsley, City Manager By: Frank Van Vrank Attest: Marie Ulvila, City Clerk LD/Zip Ukiahwhsle.agr AGENDA SUMMARY ITEM NO. 9g DATE: August 15, 2001 REPORT SUBJECT: Award of bid for various pad and pole mount transformers in the amount of $115,350.57 to various vendors. The formal bid process was followed in sending a Request for Quotation (R.F.Q.) to five suppliers for fifteen different size transformers. Four formal bids were opened by the City Clerk on August 9, 2001, at 1:00 p.m. These bidders were: 1. WESCO 2. WESTERN STATES ELECTRIC (bidding on both Cooper & Pauwels) 3. G.E. SUPPLY CO. 4. WRATHALL & KRUSI, INC. Bids were evaluated on price, delivery time, load losses and availability of circuit protection. The bids are total cost, including tax and shipping. Based on staff's evaluation the lowest compliant bidder for each unit is as summarized in the attached table. The transformers will be placed in warehouse stock and will be charged out on a project-by-project basis. They have been budgeted in the 2001/02 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Award bids totaling $115,350.57 as follows: Four 25 KVA, four 37.5 KVA, two 50 KVA pad mount transformers and five 10 KVA, ten 25 KVA, ten 37.5 KVA, and five 50 KVA pole mount transformers to Western States Electric (Cooper) for $36,702.40; two 150 KVA pad mount transformers to Western States Electric (Pauwels) for $11,641.60; four 5 KVA pole mount transformers to G.E. Supply for $1,863.90; two 75 KVA 208Y, two 75 KVA 240V, one 150 KVA pad mount transformers to Wrathall & Krusi, Inc. for $25,141.79; and three 300 KVA, one 500 KVA 208Y, one 500 KVA 480Y pad mount transformers to Wesco for $40,000.88. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise and re-solicit bids. Citizen A~vised: N/A Requested by: Stan Bartolomei, Electric Supervisor~l~. Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: Bid Tab~__~_ion Ca~-~ce ~rsley~City Manager 0 0 0 © 0 0 0 © ce) ~ o2) o~ o o ,H © o t~ H m o ~ ~ ~ ~ o ~ · ~ o o ~ m o ~ ~ ~ m o ~ q) ~ o © ko ~4 P~ 04 0 ·  Z ~ Z Z 0 0 0 H H H H H ~o~ 008 ~ ~ ~ 0 o ~ ~ ~ ~ · o I'--t H h-I ~oo~o 008 Iq H H H H H ~) o 0 ~ H 0 ~ ~ ITEM NO. 11a DATE: Au,qust 15, 2001 AGENDA SUMMARY REPORT SUBJECT: DISCUSSIOON OF IMPROVEMENTS TO THOMAS PLAZA Since removal of the Thomas Plaza fountain, the City Council has discussed various improvements to replace it and enhance park usage, and requested staff return with a specific site plan and estimated budget including the construction of shade structures over the existing benches and stage, new water elements, and increasing the number of trees. Based upon Council discussion of previously submitted conceptual site plans, staff has prepared a site plan illustrating the above items and preliminary cost estimates. Should the Council approve the plan, staff is recommending proceeding with the project in two phases. The first phase, which consists of the planting of up to 25 trees and fountain construction would be completed this fiscal year and would require a budget amendment. The second phase, which would complete the project, could be funded next budget year. Staff also had the opportunity to visit several other downtown plazas and observe the elements and conditions which contribute to everyday use of each plaza and how those plazas contributed to the downtown. From each of these communities staff has been able to identify elements which would contribute to the Thomas Plaza plan. The primary element consistently present in those plazas which are successful in projecting the traditional "Town Square" presence, is a simply designed and centrally located fountain. This was the intent behind the inclusion of the Thomas Plaza fountain in its original location, however, that structure was inadequate to withstand vandalism. (Continued on Paqe 2) RECOMMENDED ACTION' After discussion of the proposed plan for improvements to Alex R. Thomas Jr., Plaza, provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: 1. Site plan City Council Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 2. Cost estimate summ~ AP P ROVE D !~_~, ~ '~/J,-4~ ~ LB/Zip Candace Horsley, City Manager Plaza3.Asr Since the fountains removal the center area of the park has remained as a gathering place, however, staff believes the usage of the central area, as well as the park in general, could be significantly enhanced with a simple pool type fountain, designed and built with materials to prevent damage and the addition of a substantial number of large, fast growing shade trees which are identified on the site plan provided in Attachment #1. Staff is proposing the fountain be constructed of poured in place concrete or solid masonry block with a rock or aggregate finish. The seating at the top of the wall could be notched to prevent skateboarding or bicycle damage without interfering with seating and a round or octagon shape would fit the current circular center. Staff is also proposing backless benches be placed around the outside perimeter of the existing concrete walkway around the fountain to provide additional seating in the park's center. In addition to the fountain and trees, the site plan illustrates the shade arbors over the benches and stage, which would be completed as the second phase of the project. Staff is also recommending the arbors over the benches include thermostat activated misters which would provide a cooling, inexpensive and Iow maintenance interactive water element. Attachment #2 provides a cost summary of the improvements. Staff believes the improvements illustrated in the site plan represent the desires expressed by Council to improve park shading, privacy, and seating. The central fountain will provide the park with an anchor and the misters will provide an inexpensive interactive water element. Should the Council approve the plan, staff will proceed with securing bids for trees and the fountain as the first phase and return to the Council with specific costs and a budget amendment. Staff has met with Mayor Ashiku and Councilmember Larsen and with their concurrence is recommending approval of the Plaza improvements as proposed. Attachment #2 THOMAS PLAZA IMPROVEMENTS COST SUMMARY Fiscal Year 2001/02 Sub-total FY 01/02 1. Fountain 2. Trees (25 @ $100 ea.) 3. Miscellaneous landscape materials 4. Fountain benches (3 sets) $15,000 $ 2,5oo $ 2,5oo $ 2,000 $22,000 Fiscal Year 2002~03 Sub total FY 02/03 1. Bench shade structures (4 @ $5,000 ea.) 2. Stage cover Estimated Project Total (Both Years) $20,000 $15,000 $35,OOO $57,000 AGENDA SUMMARY ITEM NO. DATE: llb AUGUST 15, 2001 REPORT SUBJECT: DISCUSSION AND DIRECTION REGARDING DRAFT FIRE JPA AGREEMENT The Fire Sub-committee has completed it's initial discussions of the Draft Agreement establishing a Joint Powers Authority (JPA) for Fire Consolidation in the Valley. Staff has made the revisions requested by the Sub-committee and is now presenting the lastest Draft to the City Council for discussion and comment. Also included is an E-mail from Chief Dan Grebil to Attorney Elizabeth Silver requesting a response to various questions from the Sub-committee. Ms. Silver is planning to respond with the answers by Tuesday, August 14th, so that we may discuss them with the Council on Wednesday night. Staff is asking the Council to review and discuss the Draft Agreement, and provide direction to finalize this agreement. RECOMMENDED ACTION: Discuss and comment on the Draft JPA Agreement for Fire Consolidation. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: Fire Sub-committee Candace Horsley, City Manager Candace Horsley, City Manager Chief Dan Grebil 1. E-mail of Draft JPA Revisions and Questions. 2. Draft JPA Agreement. Ap p ROVE D. i:_(~F:~,~ Candace Horsley, Manager R:I\CM AFIREJPA Page 1 of 1 Candace Horsley From: Dan Grebil [dgrebil@cityofukiah.com] Sent: Friday, August 10, 2001 9:57 AM To: Elizabeth Silver Cc: Candace Horsley Subject: Draft JPA Revisions Libby, Attached is the latest draft copy of the "Ukiah Fire Authority". It is identified by (City Managers' and Fire Chiefs working copy) and dated July 24, 2001. This is the copy we want you to work from. Please review this draft for legal content and provide input to us for the following unresolved issues: Section 2.5.b. Please help us define personal property. Section 5.3. We may need additional language to clarify when the Authority is responsible for maintenance vs. when a member agency is responsible. And possibly the record keeping of this. Section 6.2. We are still working on this section. Any help you can provide would be appreciated. Section 7.3. I inquired to you on the phone regarding this one. Why would the JPA have to adopt the Fire Codes if each member agency did. Section 7.4. Candace is attempting to configure a cost accounting for the additional support the City with provide to the JPA. ie; 6.5 additional employees etc. Section 9.5. A paragraph needs to be added stating that upon termination all areas annexed by the City will serviced by the City. I have forwarded a copy to Candace in case there are additional items I didn't capture during our meetings. It is our hope to get your revisions back to us by Tuesday the 14th so Candace can update the Council on the 15th. Thanks, Dan dgrebi l@c ityo fu k iah .corn (707) 463-6570 8/10/01 JOINT EXERCISE OF POWERS AGREEMENT FOR THE UKIAI-I FIRE AUTHORITY THIS AGREEMENT is entered into on this ___ day of ,2001, by and between the City of Ukiah, a municipal corporation ("City") and the Ukiah Valley Fire District, a Fire Protection District formed pursuant to Part 3 (commencing with Section 13800) of Division 12 of the Health & Safety Code ("District"). City and District are collectively referred to as "Member Agencies." RECITALS WHEREAS, Title 1, Division 7, Chapter 5 of the Government Code of the State of California authorizes the Member Agencies to enter into an agreement for the joint exercise of any power common to them; and WHEREAS, the Member Agencies possess the power to provide for fire protection services within their respective jurisdictions; and WHEREAS, the jurisdictional areas of the Member Agencies are contiguous to each other and are susceptible to being provided with fire protection services under common administration and management; and WHEREAS, the separate management and administration of each jurisdictional area by each of the Member Agencies will result in duplication of effort, inefficiencies in administration and excessive costs, all of which can be reduced, all to substantial advantage and benefit of the citizens and taxpayers of both agencies, if the administration and management of the fire protection services are consolidated in a single public agency; and such is the purpose of this Agreement; and WHEREAS, this Agreement is made pursuant to Title 1, Division 7, Chapter 5 of the Government Code providing for the joint exercise of powers common to the Member Agencies; Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 1 of 18 July 24, 2001 AGREEMENT NOW THEREFORE, for and in consideration of the mutual advantages to be derived therefrom and in consideration of the mutual covenants herein contained, it is agreed by and between the parties hereto as follows: ARTICLE I DEFINITIONS Unless the context otherwise requires, the words and terms defined in this Article shall, for the purpose hereof, have the meaning herein specified. Section 1.1. Act. "Act" means Article 1 and Article 2 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of California. Section 1.2. Agreement. "Agreement" means this joint exercise of powers agreement. Section 1.3. Authority. "Authority" means the Ukiah Fire Authority created pursuant to this Agreement. Section 1.4. Board of Fire Commissioners. "Board of Fire Commissioners", "Fire Commissioners", or "Commissioners" means the governing board of the Ukiah Fire Authority. Section 1.5. Fire Chief. "Fire Chief' means the City employee so designated by an employment agreement with the City, subject to the "Fire Commissioners" approval. The "Fire Chief" shall serve as a City Department Director and as the Clerk of the Fire District Board of Directors. Section 1.6. Fiscal Year. "Fiscal year" means the period from July 1 to and including the following June 30th. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 2 of 18 July 24, 2001 Section 1.7. Joint Facilities. "Joint Facilities" means all existing real and personal property described in Section 5.1. Section 1.8. Jurisdictional Area. "Jurisdictional Area" means and includes both the area within the corporate limits of the City of Ukiah and the area within the limits of the Ukiah Valley Fire District as both such limits now exist or may hereafter exist and not within the jurisdictional area of any other fire protection district. ARTICLE II POWER OF AUTHORITY Section 2.1. Purpose. The purpose of this Agreement is to provide within the jurisdictional area for the joint exercise of powers to provide: the following fire services (Fire Protection Services) within the Authority[~ jurisdictional area: (i) Fire Administration. Administer and direct the Fire Authority and provide the necessary administrative support for its programs and operations. At the discretion of the member agencies and for each jurisdiction, such duties shall include, but not limited to the following: (a) To administer and provide direction to the program areas of the Fire Authority. (b) To provide personnel, fiscal, procurement, maintenance, and clerical support for all authority activities. (c) To plan and provide recommendations and strategies for effective long and short range emergency service delivery. (d) To provide support and resource services to all City departments and to the District Board as needed. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 3 of 18 July 24, 2001 (e) To administer and oversee the prudent, efficient, and effective use of authority fiscal resources. (0 To improve the authority's image and exposure through positive public relations and educational opportunities. (ii) Fire Prevention. Provide fire safety plan checks and inspections for all commercial and industrial buildings. Coordinate abatement activities for weeds and nuisances. Promote fire prevention. At the discretion of the member agencies and for each jurisdiction, such duties shall include, but not limited to the following: (a) To manage and deliver fire and life safety inspections for commercial and industrial sites and facilities. (b) To develop proactive strategies to assist businesses to meet the requirements of the California Fire Code and related fire and life safety guidelines and standards. (c) To provide plan and site review services to determine project compliance with adopted fire and life safety codes and regulations. (d) To administer weed abatement programs. (e) To problem solve with members of the community and related code enforcement staff. (0 To coordinate the investigations of all fires to determine cause and origin. (iii) Fire Operations. Respond to fire and emergency calls to provide fire suppression, rescue, emergency medical, and hazardous materials response services. At the discretion of the member agencies and for each jurisdiction, such duties shall include, but not limited to the following: (a) To maintain fire losses at a per capita dollar level not to exceed the last five year annual loss averages adjusted for inflation and market value. Joint Exercise of Powers Agreement Page 4 of 18 For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) July 24, 2001 (b) To provide a basic or advanced life support program. (c) To participate in community and customer service activities (iv) Fire Training and Safety. Provide and manage a training program for career and volunteer personnel. Training involves all facets of authority functions and operations. At the discretion of the member agencies and for each jurisdiction, such duties shall include, but not limited to the following: (a) To schedule and conduct in-service training programs for all authority personnel. (b) To schedule and conduct task and performance measuring on at least a quarterly basis. (c) To schedule and conduct a minimum of ten hours per month of in-service training for volunteer personnel. (d) To schedule and conduct a minimum of two hours per month of emergency medical services (EMS) training for career personnel. Section 2.2. Creation of Authority. Pursuant to the Act, there is hereby created a public entity to be known as the "Ukiah Fire Authority", herein called the "Authority". The Authority is a public entity separate and apart from the City and the District. Section 2.3. General Powers. The Authority shall exercise in the manner herein provided the powers common to each of the Member Agencies, as provided by the laws of the State of California, and all incidental, implied, expressed, or necessary powers for the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Sections 2.5 and 2.6 and shall have the power to manage, maintain, and operate Joint Facilities. Section 2.4. Specified Powers. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 5 of 18 July 24, 2001 The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any of the following: ao To make and enter into contracts, including a contract with the City of Ukiah for the Personnel Services and a contract with the City of Ukiah, County, CDF, or other provider for Fire Dispatch Services within the Authority[~ jurisdictional area; b, To retain the services of consultants; Co To manage, maintain, and operate the Joint Facilities; d, To sue and be sued in its own name; e. To incur debts, liabilities or obligations, subject to the provisos of this Agreement, provided that no debt, liability or obligation shall constitute a debt, liability or obligation upon any Member Agency; To apply for, accept, receive, and disburse grants, loans, donations and other aid from any agency of the United States of America, or of the State of California, or of any individual; go To invest any money in the treasury pursuant to Government Code {}6505.5 that is not required for the immediate necessities for the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to {}53601 of the California Government Code; h, To issue bonds pursuant to and in accordance with the Act; and To carry out and enforce all the provisions of this Agreement. Section 2.5. Prohibited Powers. The Authority is prohibited from: a. Employing employees; and bo Owning real and/or personal property. Section 2.6. Restrictions on Exercise of Powers. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 6 of 18 July 24, 2001 The power of the Authority shall be exercised in the manner provided in the Act and, in accordance with {}6509 of the Act, shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon general law cities in the State of California in the exercise of similar powers. Section 2.7. Obligations of Authority. The debts, liabilities, and obligations of the Authority shall not be the debts, liabilities, and obligations of any Member Agency. ARTICLE III BOARD OF FIRE COMMISSIONERS Section 3.1. Governing Board. The Authority shall be administered by a Board of Fire Commissioners consisting of four (4) members. Two (2) members shall be Council members of the City of Ukiah and shall be appointed by the City Council of the City of Ukiah, and two (2) members shall be Board members of the Ukiah Valley Fire District and shall be appointed by the Board of Directors of such district. Each Legislative Body shall appoint an alternate Fire Commissioner who may act in the absence of a member appointed by that Legislative Body. The Board of Fire Commissioners shall be called the "Board of Fire Commissioners of the Ukiah Fire Authority." All voting power of the Authority shall reside with the Board of Fire Commissioners. All Fire Commissioners shall serve at the pleasure of the Agency that appointed such member. All vacancies on the Board shall be filled by the appointing entity within thirty (30) days of the vacancy. Where applicable, each Commissioner shall cease to be a member of the Board of Fire Commissioners when such member ceases to hold office that made him or her eligible for the appointment. Section 3.2. Meetings of the Board of Fire Commissioners. The Board of Fire Commissioners shall provide for regular meetings at a date, time, and place fixed by resolution of the Board of Fire Commissioners, which shall be at least annually. All meetings of the Board of Fire Commissioners shall be called, noticed, held, and conducted in accordance with the provisions of {}{}54950, et seq. of the California Government Code (the Ralph M. Brown Act). Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chiefs working copy) Page 7 of 18 July 24, 2001 Section 3.3. Chairperson and Vice-Chairperson. The Board of Fire Commissioners shall elect a Chairperson and Vice-Chairperson from among its members. The Chairperson and Vice-Chairperson shall rotate from each Member Agency annually such that the Chairperson and Vice-Chairperson shall not be appointed from the same Member Agency. In the event of the disqualification or permanent inability to serve as the Chairperson during the year, another member from the same Agency shall be appointed Chairperson to fulfill the one-year term. The Chairperson shall sign all contracts on behalf of the Authority and shall perform such other duties as may be imposed by the Board of Fire Commissioners. The Vice-Chairperson shall act, sign contracts, and perform all of the Chairperson's duties in the temporary absence of the Chairperson. Section 3.4. Required Votes. The affirmative votes of at least three members of the Board of Fire Commissioners shall be required to take any action provided any vote to incur a debt, liability or obligation (other than adoption of the budget and approval of the contract for personnel services with the City of Ukiah) or to issue bonds pursuant to Section 2.4 (e) or (h), respectively, shall require a vote of all four Board members. Less than a quorum may adjourn from time to time. Section 3.5. Voting. Each member of the Board of Fire Commissioners shall have one vote. Section 3.6. Minutes. The Secretary shall keep minutes of the meetings of the Board of Fire Commissioners and forward a copy of the minutes to each Member Agency following Board approval. Section 3.7. Bylaws. The Board of Fire Commissioners may adopt Bylaws for the conduct of its meetings and affairs as are necessary for the purposes herein. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 8 of 18 July 24, 2001 ARTICLE IV OFFICERS Section 4.1. Chief Executive Officer. The Fire Chief shall be the Chief Executive Officer of the Authority. The Chief Executive Officer shall be responsible for administration of the Authority[Is affairs and shall perform such other duties as may be imposed by the Board of Fire Commissioners or the Act. Section 4.2. Secretary. The City Manager of the City of Ukiah, or his or her designee, shall be the Secretary to the Board. The Secretary shall countersign all contracts signed by the Chairperson or Vice- Chairperson on behalf of the Authority, perform such other duties as may be imposed by the Board of Fire Commissioners and cause a copy of this Agreement to be filed with the Secretary of State of the State of California pursuant to {}6503.5 of the Act within 30 days of the Effective Date. Section 4.3. Controller/Treasurer. The Finance Director of the City of Ukiah shall be the Controller/Treasurer of the Authority. The Controller/Treasurer shall be depository and shall have custody of all of the accounts, funds and money of the Authority from whatever source. The Controller/Treasurer shall have the duties and obligations set forth in {}{}6505 and 6505.5 of the Act, and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. Section 4.4. Officers in Charge of Property. Pursuant to {}6505.6 of the Act, the Controller/Treasurer shall have charge of, handle, and have access to all accounts, funds, and money of the Authority and all records of the authority relating thereto; the Secretary shall have charge of, handle and have access to all other records of the Authority; and the Chief Executive Officer shall have charge of, handle, and have access to all physical properties of the Authority. Section 4.5. Official Bonds. The Chief Executive Officer, Secretary and Controller/Treasurer shall each file an official bond in the penal sum of $100,000 pursuant to {}6505.1 of the Act to be paid by the Authority. Section 4.6. Legal Advisor. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 9 of 18 July 24, 2001 The Board of Fire Commissioners shall have the power to appoint a legal advisor of the Authority who shall perform such duties as may be prescribed by the Board of Fire Commissioners. ARTICLE V JOINT FACILITIES Section 5.1. Joint Facilities. Each Member Agency hereby leases to the Authority the following real and personnel property, together with any replacements or new property of a similar nature subsequently acquired by either Member Agency (collectively referred to as Joint Facilities), to be used in providing Fire Protection Services hereunder beginning on the Operational Date of this agreement: The real property listed on Exhibit A, which consists of the City[Is and District's existing fire stations, together with all furniture, computers and furnishings in such stations; bo The fire apparatus, together with all equipment located on the apparatus, listed on Exhibit B, which consists of the City's and District's existing fire trucks and engines, together with all equipment physically located on a piece of apparatus; C, The City's and District's pick-up trucks, staff vehicles and other vehicles listed on Exhibit C; and d. All of the City's and District's personal protective equipment listed on Exhibit D, such as turnout gear. Each Member Agency warrants that its Joint Facilities are in good and workable condition. Section 5.2. Replacement of Joint Facilities. Authority shall be responsible for providing notice to City and District each year for recommended replacement of the Joint Facilities. Authority will notify City and District, so that both City and District can include an appropriate amount for such replacement in their budgets for the following year. The City and District acknowledge that it is necessary for the City and District to both own Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 10 of 18 July 24, 2001 certain apparatus and equipment when fire service is provided by two separate entities. But that ownership of two such pieces of apparatus and equipment is duplicative when fire service is provided jointly by the Authority. These pieces of apparatus and equipment, referred to hereafter as "Area-wide Apparatus and Equipment, are listed on Exhibit E. The parties, therefore, agree that Area-wide apparatus and Equipment shall only be replaced if the Joint Facilities do not include another similar piece of apparatus or equipment that can be used by the Authority. Due to the nature of Area-wide Apparatus and Equipment and notwithstanding anything in this Agreement to the contrary, the parties also agree that the City and District shall share the costs of acquiring and replacing Area-wide Apparatus and Equipment equally (50%). At the time of acquisition of Area- wide Apparatus, either the City or the District shall, for the purposes of disposition under Section 8.3, be designated as the owner of apparatus. Section 5.3. Maintenance of Joint Facilities. City and District shall be responsible for capital improvements to the real property listed on Exhibit A owned by each. As used herein, "capital improvements" refers to structural repairs and similar improvements, which are the type of improvements which would be added to the tax "basis" if the property were owned by a non-governmental entity. Authority shall be responsible for all other repair and maintenance of the Joint Facilities not mentioned above, including routine maintenance of the Joint Facilities. Such repair and maintenance shall be provided in a manner to assure that the Authority can provide Fire Protection Services to the Jurisdictional Area. Section 5.4. Insurance for Joint Facilities. City and District shall each provide whatever insurance they deem appropriate for the Joint Facilities owned by each. ARTICLE VI FUNDING Section 6.1 Annual Budget. Prior to May 1 of each year, the Board of Fire Commissioners shall prepare a draft budget for the Authority for the following fiscal year for Fire Protection Services and present it to the City and District. On or before July 1 of each fiscal year, the Board of Fire Commissioners shall adopt an annual budget for maintenance and operation costs each year, which budget shall be based on the draft budget and any comments by the City and District. The Board of Fire Commissioners may amend the annual budget throughout the fiscal year. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chiefs working copy) Page 11 of 18 July 24, 2001 Section 6.2 Responsibility for Maintenance and Operations Costs. The City and District shall share responsibility for the annual costs of maintenance and operations for Fire Protection Services and any expenses of the Authority pursuant to Articles IV and VII. City and District will meet annually on or about December 1 to determine the final audited annual payments for the preceding fiscal year for City and District, which shall be based on the relative responsibility for each Member Agency (e.g., 70% City, 30% District) for the fiscal year. Section 6.3. Payment of Maintenance and Operations Costs. City and District will pay the Authority an amount equal to respective obligations for costs of maintenance and operations for each fiscal year. City[]s and District's payments for the first fiscal year shall be prorated from the Operational Date to the end of the fiscal year. City and District will make quarterly payments. Section 6.4. Capital Acquisition and Replacement Fund. The City and the District agree to each create a capital acquisition and replacement fund ("capital fund") for the purpose of creating a fund for replacement of the capital equipment and property owned by City and District, respectively, listed on Exhibits A, B and C. Section 6.5. Change in Services. Either Member Agency may request the Authority to change the services in Fire Protection Services, provided such Member Agency provides additional funding for such changed services if warranted. ARTICLE VII ADMINISTRATIVE Section 7.1. Identification. The Authority[]s fire apparatus and vehicles will be identified as "Ukiah Fire Authority". Authority's personnel will be identified with uniforms wearing a "Ukiah Fire Department" patch Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 12 of 18 July 24, 2001 and badge. Section 7.2. Management. The management of the Authority shall be vested in the Chief Executive Officer. The Chief Executive Officer shall have the power: a. To prepare and submit, in coordination with the City and District pursuant to Section 6.1, to the Board of Fire Commissioners an annual budget for the next succeeding Fiscal Year; b. To expend funds of the Authority whenever authorized by the annual budget or by a Member Agency for additional services; C. To retain any consultants, including certified public accountants, as authorized in the Authority's budget; d. To supervise operation of the Joint Facilities; eo To make recommendations to the Member Agencies for the construction of new fire station(s), the replacement of existing personal property and/or the acquisition of new personal property; and To perform such other duties as directed by the Board of Fire Commissioners. Section 7.3. California Fire Code. The City and the District will each continue to adopt the California Fire Code with such modifications deemed appropriate by each. The Authority will then adopt the California Fire Code for the Jurisdictional Area. The California Fire Code adopted by the Authority will be identical to the City's California Fire Code for the areas within the Authority's Jurisdictional Area that are within the incorporated limits of the City and will be identical to the District's California Fire Code for the areas within the Authority's Jurisdictional Area that are not within the incorporated limits of the City. Section 7.4. Administrative Support. The City shall provide administrative support functions to the Authority equal to those being received by the Ukiah Fire Department at the time just prior to the Operational Date of Authority. Administrative support functions shall include, but not be limited to, financial, legal, information systems, human resources, record management and clerical support. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chiefs working copy) Pal~e 13 of 18 July 24, 2001 All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all wages and benefits, disability, workers compensation, and other benefits which apply to the activities of the officers, agents, or employees of the City when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions or duties under this agreement. Section 7.5. Records and Accounts/Annual Audit. The Authority shall keep accurate and correct books of account, showing the cost of providing Fire Protection Services within the jurisdictional area. Said books and records shall be open to inspection at all times during normal business hours by any representative of a Member Agency, or by any accountant or other person authorized by a Member Agency to inspect said books or records. The Controller/Treasurer shall cause the books of account and other financial records of the Authority to be audited by an independent public accountant or certified public accountant in accordance with {}{}6505 and 6505.6 of the Act. ARTICLE VIII TERMINATION Section 8.1. Notice Required. This agreement may be terminated by City or District by giving written notice to the other party twelve (12) months in advance of the proposed termination date or such time as both parties mutually agree. Section 8.2. Continued Liabilities. Upon termination of this agreement, unless otherwise determined by a court of competent jurisdiction, any continuing obligations of the Authority shall be borne by the Member Agencies in proportion to their total monetary responsibility for costs of maintenance and operations for the life of the Authority. Section 8.3. Disposition of Joint Facilities. Upon termination of this agreement, all Joint Facilities, including any replacements, transferred by the City and District to the Authority pursuant to Section 5.1 shall be transferred back to the City and District. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 14 of 18 July 24, 2001 Area -wide Apparatus and Equipment paid for jointly pursuant to Section 5.2 shall be transferred to its designated owner. The other party shall be reimbursed by the designated owner for its contribution to the acquisition of the Area-wide Apparatus and Equipment in the amount of fifty percent (50%) of its depreciated value at the time of termination. Section 8.4. Surplus Money. Upon termination of this agreement, any surplus money on hand shall be returned to the Member Agencies in accordance with '6512 of the Act (or its successor). ARTICLE IX MISCELLANEOUS Section 9.1. Recitals. The foregoing recitals are true and correct and are made a part hereof. Section 9.2. Effective Date of Agreement. This Agreement shall become effective when signed and executed by both Member Agencies ("Effective Date"). Section 9.3. Operational Date of Authority. The Authority shall become operational on ,2001, provided the Board of Fire Commissioners may meet, on or after the Effective Date to adopt a budget, approve an agreement with the City and other actions required to assure the Authority is operational on ., 2001 ("Operational Date"). Section 9.4. Term. This Agreement shall be effective on the effective date and shall continue in effect until terminated pursuant to Article VIII. Section 9.5. Annexation and Detachment. City and District agree that property which is within the jurisdictional limits of the District which is annexed to the City in the future will not be detached from the District. City and District further agree that if, by legislation or court decision, the Districts share of the 1% ad valorem real property tax is reduced from the District[]s 2001-2002 share of the 1% ad Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 15 of 18 July 24, 2001 valorem tax District wide or eliminated and/or the District's ability to levy a special tax for fire prevention and suppression pursuant to Government Code {}53978 and District's "Ordinance Proposing a Special Tax for Fire Prevention and Suppression," dated March 4, 1997, is reduced below the maximum rate authorized by said ordinance or eliminated, the District hereby consents to detachment of those areas within the District which are also in the incorporated limits of the City for purposes of allowing City to provide fire protection services in such areas. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 16 of 18 July 24, 2001 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates shown here. CITY OF UKIAH Dated: ATTEST: Mayor City Clerk UKIAH VALLEY FIRE DISTRICT Dated: President ATTEST: Board Secretary Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 19 of 18 July 24, 2001 Section 9.6. Dispute Resolution. In the event the Member Agencies disagree regarding the interpretation or application of this agreement or cannot agree on the distribution of Joint Facilities and/or other assets of the Authority upon termination, they shall meet during a 120-day period in a good faith effort to resolve the disagreement. Either Member Agency may involve the services of a mediator. If the Member Agencies are unable to resolve the disagreement during the 120-day period, an arbitrator shall be selected by the Board to determine how the agreement should be interpreted or applied or to determine the distribution of the Joint Facilities and/or other assets. If the Board cannot agree on the selection of an arbitrator, each Agency shall select an arbitrator, and the two arbitrators shall select a third, who together shall decide how the agreement should be interpreted or applied or the manner of distribution of the Joint Facilities and/or other assets. The arbitrator(s) shall base the decision on this Agreement. The decision of the arbitrator(s) shall be final. The arbitration shall be conducted in accordance with the California Arbitration Act (Code of Civil Procedure {}1280 et seq.). The costs of mediation and arbitration (excluding each Agency's own costs) shall be borne by the Agencies equally. Section 9.7. Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifi/ing or governing language in the section referred to or to define or limit the scope of any provision of this Agreement. Section 9.8. Consent. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. Section 9.9. Law Governing. This Agreement is made under the Constitution and laws of the State of California. Section 9.10. Amendments. All amendments to this Agreement must be in writing, and must be approved by the legislative bodies of the Member Agencies prior to becoming effective. Section 9.11. Severability. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chief's working copy) Page 17 of 18 July 24, 2001 In the event any provision of this Agreement is determined to be illegal or invalid for any reason, all other provisions and articles of this Agreement shall remain in full force and effect unless and until otherwise determined. The illegality of any provision of this Agreement shall in no way affect the legality and enforceability of any other provisions of this Agreement. Section 9.12. Non-Liability of Agencies. None of the officers or agents of the Authority shall be deemed, by reason of such status, to be officers, agents or employees of either Member Agency or to be subject to any of the requirements of either Member Agency. Section 9.13. Successors. This Agreement shall be binding upon and all inure to the benefit of the successors of the City and District. Neither City nor District may assign any right or obligation hereunder without written consent of the other. Section 9.14. Notice. Notice to Agencies Members shall be given as follows: To City: City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 To District: Ukiah Valley Fire District 1500 South State Street Ukiah, CA 95482 Section 9.15. Survival. The Member Agencies' obligations under Article VIII and Section 9.6 survive the termination of this agreement. Joint Exercise of Powers Agreement For the Ukiah Fire Authority DRAFT (City Manager's and Fire Chiefs working copy) Page 18 of 18 July 24, 2001 LIST OF EXHIBITS Exhibit A: Real Property Exhibit B: Apparatus Exhibit C: Vehicles Exhibit D: Personal Protective Gear Exhibit E: Area-wide Apparatus and Equipment CITY OF UKIAH CITY C~__RK S DEPARTMENT AGENDA SUMMARY ITEM NO. 12a DATE: August 15, 2001 REPORT SUBJECT: APPROVAL OF THE CITY OF UKIAH STATEMENT OF INVESTMENT POLICY FOR FISCAL YEAR 2001/02 The City Council is to review and approve the City's Statement of Investment Policy on an annual basis. Nancy Jones, Managing Director of Public Financial Management (PFM), has recommended a few changes, as noted in the attached Memorandum. A revised Investment Policy with strikeouts and underlined areas to illustrate the deletions and additions being proposed is attached. One modification is the result of a change to the California Government Code, which reduces the maximum maturity for Bankers' Acceptances from 270 days to 180 days (page 4). Additionally, wording has been added at the end of Section V that states that credit criteria listed in that section refer to the credit quality of the issuing organization at the time the security is purchased (page 6). Other minor typographical and "housekeeping" changes were made, as indicated, and signature and date of adoption lines were added to the end of the document. The Investment Oversight Committee reviewed the revised document on July 26, 2001, and unanimously recommended approval of the revised document as submitted. RECOMMENDED ACTION: Council discuss and approve the City of Ukiah's Statement of Investment Policy, dated July 2001. Requested by: Investment Oversight Committee Prepared by: Candace Horsley, City Manager Coordinated with: Nancy Jones, PFM Attachments: 1. June 12, 2001 Memorandum from Nancy Jones 2. Revised "Strike-Out Version" of Statement of Investment Policy 3. Final Version of Statement of Investment Policy for Adoption APPROVed: ,_~:::;~! - -~"~~ ~. Candace horsley, City ~anager 4/Can. ASRInvest..801 06/12/2001 17:19 FAX 415 982 4513 l~blic Fitlancial Mana.ocnlellt PUBLIC FIN. MGMT. San Fnencisco, CA 94111 -,~..6~ ~]oo2 415 ~ 415 082.~4~.~$ June 12, 2(~01 Memorandum From: lie: Candace Horsley, City Manager Gordon Elton, Finance Director Allen Carter, Treasurer Nancy Jones, Managing Director Review of City's Investment Policy for 2001 I have reviewed the City's investment policy and have just a few recommendations for changes. One change is the result of a change to the California Government Code, which will probably be corrected next year. But for now, the State has reduced the maximum maturity for Bankem' Acceptances from 270 days to 180 days. I recommend the City reduce the maximum maturity fori Bankers' Acceptances to 180 days to remain in compliance with the Califomia Government Code.. At the end of Section V, you might want to add a sentence that states that credit criteria listed in this section refers to the credit quality of the issuing organization at the time the security is purchased. You might also want to state that the maturity limits are applied at the time of purchase. The Government Code was amended last year to clarify this issue. You could add a statement about ~e required action if a security is downgraded below the credit criteria required by the policy or if the maximum percentage at the end of the quarter is higher than that allowed by the policy. The actioh would be something such as the treasurer will inform City Council and present recommended action. Maria Ulvila, Ukiah's City Clerk suggested that the City add the date the policy was reviewed and adopted on the last page of the Investment Policy. I think this will be a very helpful addition, i've shown her recommended format below. Adopted on the, Signed: · day of ____, 2001, by the Ukiah City Council. Attest: Phillip Ashiku, Mayor Made Ulvila, City Clerk (One minor change la nit]--the word corporate is misspelled in Section V, k., first line.) I hope this helps. Call me if you have any questions. CITY OF UKIAH STATEMENT OF INVESTMENT POLICY Jaae-2000 July 2001 I. PURPOSE The purpose of this document is to establish and organize investment policies, which will govern the investment activities of the City of Ukiah. II. SCOPE This investment policy covers all the City's surplus funds and investments (except retirement funds) and investment activities under the direction of the City. Investment of bond proceeds will be further restricted by the provisions of relevant' bond documents. The investment policies of the City of Ukiah are based on state law and prudent money management practices. All funds will be invested in accordance with this Investment Policy and applicable California Government Codes, including sections 53601 and 53635, et seq. III. OBJECTIVES The primary objectives of the City, in order of priority, shall be: 1) Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio. 2) Liquidity: The investment portfolio of the City will remain sufficiently liquid to enable the City to meet its cash flow requirements. 3) Yield: The investment strategy of the City shall be to earn a reasonable investment return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities whlch that can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions. IV. POLICIES . Public Funds: It is the policy of the City of Ukiah to' invest public funds in a manner which will provide the maximum safety and liquidity, while earning an investment return consistent with the objectives and parameters set forth by this policy. , Prudent Investor Rule: Ukiah operates its investments program under the Prudent Investor Rule which states, "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." . Management Responsibilities: Management responsibility for the investment program is delegated, for a one-year period, subject to annual review and delegation, to the City Treasurer. The City Treasurer may further delegate day-to- day management of the investment program to a professional external investment advisor. , Internal Controls: A system of internal controls shall be established and documented in writing by the Finance Director. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Ukiah. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, avoidance of bearer-form securities, specific limitations regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions. , Safekeeping, Custody, and Delivery: The City's investments shall be held in safekeeping, in the name of the City of Ukiah, by a third party custodian. Investment transactions shall be executed and settled using the "delivery vs. payment" method. , Reporting: The City Treasurer shall present to the Investment Oversight Committee and City Council monthly investment reports..Required elements of the report will include type of investment, issuer, purchase and maturity dates, rating, purchase price, par, current market value as of the date of the report and the source of this valuation, and yield to maturity. These reports shall include a list of all transactions during the past month. On a quarterly basis, within 30 days following the end of the quarter, the City Treasurer will deliver to the City Manager, Investment Oversight Committee and City Council an investment report which will provide data similar to the monthly , report; this report will include (i) a statement that the portfolio is in compliance with the policy or the manner in which the portfolio is not in compliance and (ii) a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. Deviations from expectations shall be reported in a timely manner and shall include recommendations for appropriate action to control adverse developments. The Oversight Committee will meet at least every six months in order to conduct a comprehensive review of the investment activities of the City so as to insure that regulations are being adhered to and that strategies are being followed. Conflict of Interest: In accordance with California Government Code sections 1090, et seq. and 87100, et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. All investment personnel shall comply with the reporting requirements of the Political Reform Act, to include the annual filing of Statements of Economic Interest. o Return On Investment: The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The Investment Oversight Committee will measure the portfolio against an appropriate benchmark. . Annual Review of Policy: The Treasurer shall annually render to the City Council and the Investment Oversight Committee a Statement of Investment Policy, which shall be considered at a public meeting. Any changes in the policy shall also be considered by the City Council at a public meeting. V. AUTHORIZED INVESTMENTS Generally, investments shall be made in the context of the "prudent investor rule." The City is further governed by applicable California Government Codes, including sections 53600, 53601 and 53635, et seq. Within the context of these regulations, the following investments are authorized, and further limited herein: (a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City. (b) U.S. Treasuries: United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the. full faith and credit of the United States are pledged for payment of principal and interest. (c) California State Obligations: Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Local Agency Obligations: Bonds, notes, warrants, or other certificates of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (e) U.S. Agency Obligations: Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise. (f) Bankers Acceptances: Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances. Purchases of bankers acceptances may not exceed 270 180 days maturity or 40% of the portfolio. (g) Commercial Paper: Commercial paper ranked "PI" by Moody's Investor Services or "Al" by Standard and Poor's, and issued by domestic corporations having assets in excess of $500,000,000 and having an "A" or higher rating on its long term debt as provided for by Moody's or Standard and Poor's. Purchases of eligible commercial paper may not exceed 180 days to maturity nor represent more than 10% of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15% of the portfolio. An additional 15%, or a total of 30% of the portfolio may be invested in commercial paper if the dollar weighted average maturity of the amount invested in commercial paper does not exceed 31 days. (h) Negotiable Certificates: Negotiable certificates of deposit issued by a nationally or state-chartered bank or a state or federal savings institution, or a state-licensed branch of a foreign bank ("Yankee CD"). Purchases of negotiable certificates of deposit may not exceed 30% of the portfolio. (i) Repurchase Agreements: The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master 'repurchase agreement. The maturity of repurchase agreements shall not exceed 365 days. (J) (k) The market value of securities used as collateral for repurchase agreements shall be valued at 102% or greater of the funds borrowed against those securities at all times and shall be monitored daily by the investment staff. In order to conform with provisions of the Federal Bankruptcy Code, which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be direct obligations of the United States or any agency of the United States as described in (b) and (e). In addition, the City may enter into repurchase agreements only with "primary dealers" as designated by the Federal Reserve Bank of New York. All securities underlying Repurchase Agreements must be delivered to the City's custodian bank (delivery vs. payment) or be handled under a properly executed "tri-party" repurchase agreement. The market value must be recalculated each time there is a substitution of collateral. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement. Reverse Repurchase Agreements: The City may invest in reverse repurchase agreements only with "primary dealers" with which the City has entered into a master repurchase agreement contract. The City may invest in reverse repurchase agreements with the following conditions: Reverse repurchase agreements may be used only after prior approval of the City Council. The City may only use reverse repurchase agreements to (1) cover a temporary cash shortage, or (2) augment earnings. Reverse repos may not be used to leverage the portfolio. In addition: If a reverse repurchase agreement is authorized, it may be utilized only if the security to be sold on a reverse repurchase agreement has been owned and fully paid for by the City for a minimum of 30 days prior to the sale; the total of all reverse repurchase agreements on investments owned by the City does not exceed 20% of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of the security using a reverse repurchase agreement and the final maturity date of the same security. The proceeds of the reverse repurchase agreement may not be invested in securities whose maturity exceeds the term of the reverse repurchase agreement. Medium-Term Notes: The City may invest in all corporate and depository institution debt securities with a maximum remaining maturity of five year or less, issued by corporations organized and operating within the United States, or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated "A" or better by a nationally recognized rating service. Purchase of medium-term notes may not exceed 30% of the portfolio. Money Market Funds: Shares of beneficial interest issued by diversified management companies that are money market funds registered with the SecuritieS and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment these companies shall either: (i) attain the highest ranking or highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (ii) have an investment advisOr registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). The purchase price of shares of beneficial interest purchased shall not include any commission that these companies may charge and shall not exceed 20 percent of the City's portfolio. (m) Local Agency Investment Fund: The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted under Section 16429.1 ofthe Government Code. Current maximum is $30 million. (n) Time Deposits: The City may invest in non-negotiable time deposits FDIC insured or fully collateralized in financial institutions located in Califomia, including U.S. branches of foreign banks licensed to do business in California. All time deposits must be collateralized in accordance with the California Government Code section 53561, either at 150% by promissory notes secured by first mortgages and first trust deeds upon improved residential property in California eligible under section (m) or at 110% by eligible marketable securities listed in subsections (a) through (I) and (n) and (o). Since time deposits are not liquid, no more than 25% of the cost value of the portfolio may be invested in this category. (O) Mortgage-Backed and Asset-Backed Securities: Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay- through bond, equipment leaSe-backed certificate, consumer receivable pass- through certificate, 'or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of "AA" or its equivalent by a nationally recognized rating service and having an "A" or higher rating for the issuer's unsecured debt, as provided by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20% of the agency's surplus money that may be invested pursuant to this section. Credit criteria listed in this section refers to the credit quality of the issuin.q or.qanization at the time the security is purchased. The maturity limits are applied at the time of purchase. VI. INELIGIBLE INVESTMENTS The City may only invest in those obligations authorized by this policy. The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages, or in any security that could result in zero interest accrual if held to maturity. However, the City may hold prohibited investments until their maturity dates. VII. PORTFOLIO LIMITS AND DIVERSIFICATION , Maximum Investment Maturity: Unless otherwise noted within this investment policy, the City may not invest in a security with a maturity that exceeds five years from the date of purchase. Investments which exceed five years in maturity require authority granted by City Council before purchase. Written authority of the City Council must be granted specifically or as part of an investment program no less than three months prior to the date of purchase. , Maximum Portfolio Average Maturity: The target maximum average maturity of the City's investment portfolio shall not exceed 2.5 years to control overall exposure to interest rate risk. , Diversification: With the exception of obligations of the United States Government and its Agencies, no more than 10% of the portfolio may be invested in the securities of any single issuer. Adopted on the.....___ day of ,2001, by the Ukiah City Council. Signed: Attest: Phiilip Ashiku, Mayor Marie Ulvila, City Clerk 4:Fin:lnvest01.Pol CITY OF UKIAH STATEMENT OF INVESTMENT POLICY I. PURPOSE July 2001 The purpose of this document is to establish and organize investment policies, which will govern the investment activities of the City of Ukiah. II. SCOPE This investment policy covers all the City's surplus funds and investments (except retirement funds) and investment activities under the direction of the City. Investment of bond proceeds will be further restricted by the provisions of relevant bond documents. The investment policies of the City of Ukiah are based on state law and prudent money management practices. ,All funds will be invested in accordance with this Investment Policy and applicable California Government Codes, including sections 53601 and 53635, et seq. III. OBJECTIVES The primary objectives of the City, in order of priority, shall be: 1) Safety: Safety of principal is the foremost objective of the investment program. Investments of the City shall be undertaken in a manner that seeks to ensure preservation of capital in the portfolio. 2) Liquidity: The investment portfolio of the City will remain sufficiently liquid to enable the City to meet its cash flow requirements. 3) Yield: The investment strategy of the City shall be to earn a reasonable investment return, considering current market conditions, and within the parameters set forth by priorities (1) and (2) above. An adequate percentage of the portfolio shall be maintained in liquid, short-term securities that can be converted into cash if necessary to meet forecasted disbursement requirements. The portfolio shall also be appropriately diversified to avoid unreasonable and avoidable risks regarding specific security types or individual financial institutions. IV. POLICIES 1. Public Funds: It is the policy of the City of Ukiah to invest public funds in a manner which will provide the maximum safety and liquidity, while earning an investment return consistent with the objectives and parameters set forth by this policy. . Prudent Investor Rule: Ukiah operates its investments program under the Prudent Investor Rule which states, "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." , Management Responsibilities: Management responsibility for the investment program is delegated, for a one-year period, subject to annual review and delegation, to the City Treasurer. The City Treasurer may further delegate day-to- day management of the investment program to a professional external investment advisor. . Internal Controls: A system of internal controls shall be established and documented in writing by the Finance Director. The controls shall be designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Ukiah. Controls deemed most important include: minimization of opportunities for collusion, separation of duties, separation of transaction authority from accounting and recordkeeping, avoidance of bearer-form securities, specific limitations regarding securities losses and remedial actions, written confirmation of all transactions, minimizing the number of authorized investment officials, documentation of transactions and strategies, and proper review and approval of brokerage accounts and investment transactions. o Safekeeping, Custody, and Delivery: The City's investments shall be held in safekeeping, in the name of the City of Ukiah, by a third party custodian. Investment transactions shall be executed and settled using the "delivery vs. payment" method. . Reporting: The City Treasurer shall present to the Investment Oversight Committee and City Council monthly investment reports. Required elements of the report will include type of investment, issuer, purchase and maturity dates, rating, purchase price, par, current market value as of the date of the report and the source of this valuation, and yield to maturity. These reports shall include a list of all transactions during the past month. On a quarterly basis, within 30 days following the end of the quarter, the City Treasurer will deliver to the City Manager, Investment Oversight Committee and City Council an investment report which will provide data similar to the monthly , report; this report will include (I) a statement that the portfolio is in compliance with the policy or the manner in which the portfolio is not in compliance and (ii) a statement denoting the ability of the City to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. Deviations from expectations shall be reported in a timely manner and shall include recommendations for appropriate action to control adverse developments. The Oversight Committee will meet at least every six months in order to conduct a comprehensive review of the investment activities of the City so as to insure that regulations are being adhered to and that strategies are being followed. Conflict of Interest: In accordance with California Government Code sections 1090, et seq. and 87100, et seq., officers and employees of the City will refrain from any activity that could conflict with the proper execution of the investment program or which could impair their ability to make impartial investment decisions. All investment personnel shall comply with the reporting requirements of the Political Reform Act, to include the annual filing of Statements of Economic Interest. . Return On Investment: The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles. The Investment Oversight Committee will measure the portfolio against an appropriate benchmark. . Annual Review of Policy: The Treasurer shall annually render to the City Council and the Investment Oversight Committee a Statement of Investment Policy, which shall be considered at a public meeting. Any changes in the policy shall also be considered by the City Council at a public meeting. V. AUTHORIZED INVESTMENTS Generally, investments shall be made in the context of the "prudent investor rule." The City is further governed by applicable California Government Codes, including sections 53600, 53601 and 53635, et seq. Within the context of these regulations, the following investments are authorized, and further limited herein: (a) Ukiah Bonds: Bonds issued by the City of Ukiah, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the City or by a department, board, agency, or authority of the City. (b) U.S. Treasuries: United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. (c) California State Obligations: Registered state warrants or treasury notes or bonds of this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (d) Local Agency Obligations: Bonds, notes, warrants, or other certificates of indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state. (e) U.S. Agency Obligations: Obligations issued by banks for cooperatives, federal land banks, federal intermediate credit banks, federal home loan banks, the Federal Home Loan Bank Board, the Tennessee Valley Authority, or in obligations, participations, or other instruments of, or issued by, or fully guaranteed as to principal and interest by, the Federal National Mortgage Association; or in guaranteed portions of Small Business Administration notes; or in obligations, participations, or other instruments of, or issued by, a federal agency or a United States government-sponsored enterprise. (f) Bankers Acceptances: Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as bankers acceptances. Purchases of bankers' acceptances may not exceed 180 days maturity or 40% of the portfolio. (g) Commercial Paper: Commercial paper ranked "PI" by Moody's Investor Services or "Al" by Standard and Poor's, and issued by domestic corporations having assets in excess of $500,000,000 and having an "A" or higher rating on its long term debt as provided for by Moody's or Standard and Poor's. Purchases of eligible commercial paper may not exceed 180 days to maturity nor represent more than 10% of the outstanding paper of an issuing corporation. Purchases of commercial paper may not exceed 15% of the portfolio. An additional 15%, or a total of 30% of the portfolio may be invested in commercial paper if the dollar weighted average maturity of the amount invested in commercial paper does not exceed 31 days. (h) Negotiable Certificates: Negotiable certificates of deposit issued by a nationally or state-chartered bank or a state or federal savings institution, or a state-licensed branch of a foreign bank ("Yankee CD"). Purchases of negotiable certificates of deposit may not exceed 30% of the portfolio. (i) Repurchase Agreements: The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase agreement. The maturity of repurchase agreements shall not exceed 365 days. The market value of securities used as collateral for repurchase agreements shall be valued at 102% or greater of the funds borrowed against those securities at all times and shall be monitored daily by the investment staff. In order to conform with provisions of the Federal Bankruptcy Code, which provide for the liquidation of securities held as collateral for repurchase agreements, the only securities acceptable as collateral shall be direct obligations of the United States or any agency of the United States as described in (b) and (e). In addition, the City may enter into repurchase agreements only with "primary dealers" as designated by the Federal Reserve Bank of New York. All securities underlying Repurchase Agreements must be delivered to the City's custodian bank (delivery vs. payment) or be handled under a properly executed "tri-party" repurchase agreement. The market value must be recalculated each time there is a substitution of collateral. The City or its trustee shall have a perfected first security interest under the Uniform Commercial Code in all securities subject to Repurchase Agreement. (J) Reverse Repurchase Agreements: The City may invest in reverse repurchase agreements only with "primary dealers" with which the City has entered into a master repurchase agreement contract. The City may invest in reverse repurchase agreements with the following conditions: Reverse repurchase agreements may be used only after prior approval of the City Council. The City may only use reverse repurchase agreements to (1) cover a temporary cash shortage, or (2) augment earnings. Reverse repos may not be used to leverage the portfolio. In addition: If a reverse repurchase agreement is authorized, it may be utilized only if the security to be sold on a reverse repurchase agreement has been owned and fully paid for by the City for a minimum of 30 days prior to the sale; the total of all reverse repurchase agreements on investments owned by the City does not exceed 20% of the portfolio; and the agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of the security using a reverse repurchase agreement and the final maturity date of the same security. The proceeds of the reverse repurchase agreement may not be invested in securities whose maturity exceeds the term of the reverse repurchase agreement. (k) Medium-Term Notes: The City may invest in all corporate and depository institution debt securities with a maximum remaining maturity of five year or less, issued by corporations organized and operating within the United States, or by depository institutions licensed in the United States or any state and operating within the United States. Notes eligible for investment shall be rated "A" or better by a nationally recognized rating service. Purchase of medium-term notes may not exceed 30% of the portfolio. Money Market Funds: Shares of beneficial interest issued by diversified management companies that are money market funds registered with the Securities and Exchange Commission under the Investment Company Act of 1940. To be eligible for investment these companies shall either: (i) attain the highest ranking or highest letter and numerical rating provided by not less than two nationally recognized statistical rating organizations, or (ii) have an investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years' experience managing money market mutual funds with assets under management in excess of five hundred million dollars ($500,000,000). The purchase price of shares of beneficial interest purchased shall not include any commission that these companies may charge and shall not exceed 20 percent of the City's portfolio. (m) Local Agency Investment Fund: The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted under Section 16429.1 of the Government Code. Current maximum is $30 million. (n) Time Deposits: The City may invest in non-negotiable time deposits FDIC insured or fully collateralized in financial institutions located in California, including U.S. branches of foreign banks licensed to do business in California. All time deposits must be collateralized in accordance with the California Government Code section 53561, either at 150% by promissory notes secured by first mortgages and first trust deeds upon improved residential property in California eligible under section (m) or at 110% by eligible marketable securities listed in subsections (a) through (I) and (n) and (o). Since time deposits are not liquid, no more than 25% of the cost value of the portfolio may be invested in this category. (o) Mortgage-Backed and Asset-Backed Securities: Any mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay- through bond, equipment lease-backed certificate, consumer receivable pass- through certificate, or consumer receivable-backed bond of a maximum of five years maturity. Securities eligible for investment under this subdivision shall be issued by an issuer rated in a rating category of "AA" or its equivalent by a nationally recognized rating service and having an "A" or higher rating for the issuer's unsecured debt, as provided by a nationally recognized rating service. Purchase of securities authorized by this subdivision may not exceed 20% of the agency's surplus money that may be invested pursuant to this section. Credit criteria listed in this section refers to the credit quality of the issuing organization at the time the security is purchased. The maturity limits are applied at the time of purchase. VI. INELIGIBLE INVESTMENTS The City may only invest in those obligations authorized by this policy. The City shall not invest any funds in inverse floaters, range notes, or interest-only strips that are derived from a pool of mortgages, or in any security that could result in zero interest accrual if held to maturity. However, the City may hold prohibited investments until their maturity dates. VII. PORTFOLIO LIMITS AND DIVERSIFICATION , Maximum Investment Maturity: Unless otherwise noted within this investment policy, the City may not invest in a security with a maturity that exceeds five years from the date of purchase. Investments which exceed five years in maturity require authority granted by City Council before purchase. Written authority of the City Council must be granted specifically or as part of an investment program no less than three months prior to the date of purchase. . Maximum Portfolio Average Maturity: The target maximum average maturity of the City's investment portfolio shall not exceed 2.5 years to control overall exposure to interest rate risk. . Diversification: With the exception of obligations of the United States Government and its Agencies, no more than 10% of the portfolio may be invested in the securities of any single issuer. Adopted on the~ day of ,2001, by the Ukiah City Council. Signed: Attest: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 4: Fin: I nvest01. Poi AGENDA SUMMARY ITEM NO. 12b DATE: AUGUST 15, 2001 REPORT SUBJECT: ADOPTION OF RESOLUTION AMENDING THE MEETING DATES AND COMMITTEE STAFF PROVISIONS OF THE INVESTMENT OVERSIGHT COMMITTEE By Resolution 96-69, the City Council established the Investment Oversight Committee in 1996 to review the City's investment activities and report findings and recommendations to the Council. Provisions were included in the resolution to specifically address issues pertinent at that time. The Council may recall the need for significant attention to the investment portfolio and intensive evaluation of the investment policy. The investment situation has been very positively turned around and two specific items in the resolution related to committee procedures are being recommended for modification. The items being recommended for reconsideration are: 1) a meeting to be held every six months, and 2) a representative of the City's Financial Investment Management Advisory attend the meetings. The Committee discussed the meeting issue and believes a required meeting once a year is more appropriate than once every six months, for several reasons. The Investment Policy presently meets State statutes and modifications to State law generally occur just once a year, thus a mandated single annual meeting would provide suitable timing for a relevant review of the policy in light of current State law. Requiring one meeting per year does not preclude other meetings as necessary, but eliminates the obligatory meeting if no business is at hand. The majority of the investments are held for longer than one year and thus Committee action is not commonly required on a more frequent basis. Staff believes formal meeting attendance by a representative of the "Financial Investment Management Advisory firm" is not critical because of the telecommunication and computer access Staff and the Treasurer have with the consultant and our financial records. A more cost effective method of personal interaction with the consultant is the current practice of a presentation of the annual investment report to the City Council. This opportunity to discuss and consider the City's financial situation with the consultant on a one to one basis by the Council is efficient and more informational than attendance at the Committee meeting. Staff considers these two modifications as positive additions to the procedures. Appropriate portions of the original resolution (No. 96-69) have been reiterated in the new resolution to retain the pertinent Committee matters in a single resolution. RECOMMENDED ACTION: Adopt Resolution Modifying Meeting Date And Attendance Requirements For The Investment Oversight Committee. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine resolution requires modifications, identify changes, and adopt revised resolution. 2. Determine procedure changes are not appropriate and do not adopt resolution. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Investment Oversight Committee Mike Harris, Risk Manager/Budget Officer Candace Horsley, City Manager 1. Resolution for adoption, pages 1-2; 2. Resolution No. 96-69, pages 3-4. Candace Horsley, C'lt,y Manager RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MODIFYING THE MEETING DATES AND COMMITTEE STAFF PROVISIONS OF THE CITY OF UKIAH INVESTMENT OVERSIGHT COMMITTEE WHEREAS, it is the desire of the City Council of the City of Ukiah to modify the meeting dates and committee staff provisions related to the Investment Oversight Committee established by Resolution 96-69 on June 5, 1996; and WHEREAS, a single resolution is appropriate to include all of the pertinent aspects of the Investment Oversight Committee; and WHEREAS, the Investment Oversight Committee assists in the public review and understanding of the City's investment practices and serves to meet the goals of the "Prudent Investor" rule to which all local governments should follow in their financial transactions. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that Resolution No. 96-69 is superseded by this resolution and the City of Ukiah Investment Oversight Committee is retained. The Committee meetings shall be open and subject to the Brown Act. A. Committee Duties and Responsibilities: I. Conduct comprehensive review of the City's investment activities to ensure regulations are adhered to and adopted strategies are appropriate and being followed. ii. Review Annual Audit of Investments. iii. Review policy, investment strategies, and investment performances. iv. Develop long range planning for the City's investment portfolio. v. Receive and review monthly portfolio reports and quarterly performance reports from Advisory firm. vi. Report its findings and make recommendations as needed to the City Council. B. Composition: The members of the Oversight Committee shall be the City Manager, Director of Finance, a City Councilmember appointed from time to time by the City Council to serve at the pleasure of the Council, a public member, and the City Treasurer, who shall serve as Chairman. The public member shall be appointed by the City Council for a two year term with no limit to the number of terms an individual may serve; shall have governmental accounting experience (i.e. served as an outside Auditor, Public Agency Finance Director, or CPA), and may not have been employed by the City of Ukiah at any time during the three years preceding the appointment date. Resolution No. 2001- Page 1 of 2 C. Meeting dates: The Oversight Committee shall meet whenever business is required to be conducted, but at least once each year. Specific times and dates shall be determined by the Committee. Minutes of the meetings will be recorded and the draft minutes shall be distributed to the City Council at the next available City Council meeting. D. Conduct of Committee Business The Oversight Committee may adopt such rules of procedure for the conduct of its meetings and affairs not inconsistent with this Resolution, as it deems necessary. E. Committee Staff: Staff support to the Committee will be provided at the direction of the City Manager and will include the services of a Financial Investment Management Advisory firm approved by the City Council. PASSED AND ADOPTED this 15th day of August 2001 by the following roll call vote: AYES: NOES' ABSENT: ABSTAIN' ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk mfh:resord RESoci Resolution No. 2001- Page 2 of 2 RESOLUTION NO. 96-69 RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF UKIAH ESTABLISHING THE CITY OF UKIAH INVESTMENT OVERSIGHT COMMITTEE WHEREAS, it is the desire of the City Council of the City of Ukiah to ensure the investment policies and strategies of the City generate the highest possible yield while utilizing the safest methods and instruments available; and WHEREAS, the Investment Policy of the City of Ukiah adopted on January 17, 1996 identifies an Oversight Committee to be an element of the City's investment reporting process; and WHEREAS, an Investment Oversight Committee would assist in the public review and understanding of the City's investment practices and serve to meet the goals of the "Prudent INvestor" rule to which all local governments should follow in their financial transactions. NOW, THEREFORE, BE IT RESOLVED by the Ukiah City Council that the City of Ukiah Investment Oversight Committee is established. The Committee meetings shall be open and subject to the Brown Act. A. Committee Duties and Responsibilities: i. Conduct comprehensive review of the City's investment activities to ensure regulations are adhered to and adopted strategies are appropriate and being followed. ii. Review Annual Audit of Investments. iii. Review policy, investment strategies, and investment performances. iv. Develop long range planning for the City's investment portfolio. v. Receive 'and review monthly portfolio reports and quarterly performance reports from Advisory firm. vi. Report its findings and make recommendations as needed to the City Council. B. Composition: The members of the Oversight Committee shall be the City Manager, Director of Finance, a City Councilmember appointed from time to time by the City Council to serve at the pleasure of the Council, a public member, and the City Treasurer, who shall serve as Chairman. The pt!blic member shall be appointed by the City Council for a two year term with r~o limit to the number of terms an individual may serve; shall have governmental accounting experience (i.e. served as an outside Auditor, Public Agency Finance Director, or CPA), and may not have been employed by the City of Ukiah at any time during the three years preceding the appointment date. 1 C. Meeting dates: The Oversight Committee shall meet whenever business is required to be conducted, but at least once every six months. Specific times and dates shall be determined by the Committee. Minutes of the meetings will be recorded and the draft minutes shall be distributed to the City Council at the next available City Council meeting. D. Conduct of Committee Business The Oversight Committee may adopt such rules of procedure for the conduct of its meetings and affairs not inconsistent with this Resolution, as it deems necessary. E. Committee Staff: Staff support to the Committee will be provided at the direction of the City Manager and will include the services of a Financial Investment Management Advisory firm approved by the City Council (a representative of the firm shall attend each regular Committee meeting). PASSED AND ADOPTED this 5th day of June, 1996 by the following roll call vote: AYES: : Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter NOES: None ABSENT: Counciimember Wattenburger ABSTAIN: None e ~'~e"r, Mayor ' ATTEST: Karen Yoast, O~uty-city-Clerk 2