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HomeMy WebLinkAbout2001-04-04 Packet in appreciation for her dedicated service to the City of Ukiah. VVHEREAS, Bette Fairbalrn began work at the Sun House v~th Curator Suzanne Abel- Vidor in 1986 and is retiring from her position as Museum Assistant at the Grace Hudson Museum on May ~ 200~ after l~ years of loyalandsteadfast service; and VVHEREAS, Bette has wilIinglygone '~above and beyond the cai/o/duty"in meeting the needs and requests o/Museum sta~, docent~ and volunteers~ and worked effecn'vdy and efficiently ~vith the Community Semices Director and City staf~ and VVHEREAS, Bette has consistently ~orked ~vith inspiration, enthusiasm, and dedication; and V/HEREA S, Bette has guidedh undreds of localschoolchildren on tours through the Sun House and educated them about the lives and ~vork of Grace andJohn Hudson; and VVHEREAS, ~ette has generously shared the talents and abiIities o/her husband~ Bob, during instalIation of exhibits and other Museum functions; and WHEREAS, Bette has continuaIl7 exhibited courteous and helpful behavior to visitors of the Grace Hudson Museum and has consistentIy demonstrated the utmost professional behavior while working v~ll alI groups and individuals,, and VVHE)~EAS, Bette has maintained an ongoing rapport and open communications ~vith members of the Sun House GuildBoard o/Trustees and the Endowment Boar~. and ~VHEREAS, Hette has consistent[y met the many chal[enges of working v~th al/types o/people and stilI maintained her special sense of h umor and/orthrigh tness. ArO V~, THEREFORE, I, Philh'p Ashiku, Mayor of the City of Ukiah, on behalf of my fellow Councilmembers~ Phil Baldwln, Kathy Libb~ Roy Smith, and Eric Larson, all City of Ukiah staf~ and the peopIe of the City of Ukiah, do hereby commend you, Betre Fairbairn, for your commitment to the cuItural enhancement of our citizens and your dedication to the legacy of Grace Carpenter Hudson, John Hudson, and Pomo Indian Philh'p Ashiku, Mayor in appreciation for her dedlcatedservice to the City of U~iah. ~rHEHEAS~ Lee Madsen began her Iong andgIorious tenure with the City of U&iah in 1957~ in the t~inance Department as the City's point position of Customer Ser~ce and Cashier,. maintaining the quality wor& ethic exhibited by the SnelIFamily, andsetting new standards for the term ~ar ExceIIence": and WIIEREAS~ throughout her employment v~ith the City, Lee ~vas ot~en the h'rst person a City of Uhiah customer would encounter~ offering a friendly smile~ an understanding ear, or a gentIe jo~-e! and VVHEI~EA~ Lee ~s Iongstanding reputation of ta~u'ng ~at extra moment to discuss the weather with a Senior Citizen, provide a tissue to a desperate Mom, attempt an expedient transaction during a t~vo year o[d~s temper tantrum, fee~'ng a ~cooIu'e "to our lCgs and other puppies who enter our doors~ or act as buffer v~th the occasional excited individual v~ith grace and ease, ~iII be remembered long past her departure: and ~IIEREAS, Lee will be remembered for her consistent and predictable presence, being an impeccable and exacting ~provider of change'~ her informative andhelpfulnature, and balancing daily to the penny,, and VVI-IEREAS~ Lee has now joined the ranI~ of retirement to enjoy the fruits of her Iabors~ join DeI in many days of roads less traveled and pursue her passion for precious moments v~th famiIy and beloved pets. NO V~ THEREFORE~ L PhilAshi&u, Mayor of the City of U&iah, on behalf of my fellow Councilmembers, Phi:Baldwin, Kathy Libby, Roy Smith, andEric Larson, all City of UIciah staf~ and the people of the City of UIcia~, do hereby commend you~ Lee Madsen, for your exempIary conduct on behalf of the citizens of U~iah in your commitment to excellent and personal customer service as an admired City of U[u'ah employee, v~sh you ali the happiness of Iife, and hope your retirement dreams come true. of Ukiah Comm~~en dationMAispresen tedL~SE °nN this 6th day of April 200I, to PhilAshi~u, Mayor ~ ITEM NO. 3c DATE' April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: PRESENTATION ON THE 2001 YOUTH BASKETBALL PROGRAM SUMMARY: The 2001 City of Ukiah Youth Basketball Season has come to a close. Nearly 800 youth from inland Mendocino County participated in the program. The program was well received by players, parents, coaches, and sponsors. Staff will give a full report and present additional information on the success of the program at the Ukiah City Council Meeting on April 4, 2001. RECOMMENDED ACTION' 1. Receive staff presentation. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Sage Sangiacomo, Community Services Supervisor ~ Candace Horsley, City Manager and Larry W. DeKnoblough, Community Services Director None Ca'dace Horsley~ Ci~ Manager CITY OF U KIAH 2001 YOUTH BASKETBALL PROGRAM General Information: The City of Ukiah operates one of the largest youth basketball programs in Northern California. The 2001 Youth Basketball Program served 800 boys and girls (3rd grade through high school) from the Ukiah Valley and surrounding communities. The 800 participants were dispersed among 79 teams. The program began with practices in late November of 2000 and game play started in January of 2001. The program wrapped up in mid-March. Each team is assigned a single 1hr practice slot a week throughout the season. A total of eight league games are schedule and teams are encouraged to organize additional practice games. League games are played on weekends with up to 4 gyms in use at a single time. The program utilizes gyms operated by Ukiah, Willits, Potter Valley, and Anderson Valley School Districts, Trinity School, Deep Valley Christian School, Coyote Valley Tribe, City of Willits, and the Mendocino County Fairgrounds. The program had an operating budget of $31,081 and is part of the City's General Fund. The revenue collected from sponsors and participants completely covers operating expenses. League Philosophy: The philosophy of the league is to promote participation in basketball in a fun and safe environment, to develop fundamental skills and to teach the rules of the game. By participating we hope that the players learn sportsmanship and display respect for other players, coaches and officials. Staff and Volunteers: The program is administered by the City of Ukiah Community Services Department's Recreation Division and includes Larry DeKnoblough, Gina Greco, Jonathon Graves, and Sage Sangiacomo. In addition, we used over 100 volunteer coaches and assistant coaches. We hired over 25 referees, scorekeepers, and gym supervisors. All staff and volunteers go through a mandatory orientation. Demographics Of the 800 participants in the program, 488 were boys and 312 were girls. The majority of those participating were in grades 3 through 6. However, there are an increasing number of participants in the upper grades. By region, the program served 310 participants from within City limits. Sixty-one percent of the participants reside outside of the City of Ukiah. See attached table. Fees Participant fees: $35 per player; $5 sibling discount. Sponsorship fees: $125 per team. Sponsor benefits include: company name on team shirts, plaque with team photo, and a thank you listing in the City of Ukiah Recreation Guide. Scholarships Thanks to the $5000 grant from the Ukiah City Council, need based scholarships were available to participants. Sixty-six scholarships ranging from $10-$35 were approved for this season. Approximately 1 in 12 participants qualified for a scholarship. A total amount of $2005 was allocated for basketball scholarships. See attached table. Asset Building Component Our youth sport programs are among the first wave of recreation programs to incorporate a youth asset-building component. The component's goal is to ensure youth have fun while participating. A healthy sporting experience for youth can promote positive: character development, self-esteem, social skills, sense of belonging, physical fitness and sportsmanship. We incorporate this information in staff and volunteer meetings and disseminate information to the participants and parents. Future Challenges *Keeping participant fees Iow. Fees are contingent on sponsors, equipment costs, staff wages, and the availability of funds for need-based scholarships. *Acquiring enough gym space. Currently, staff struggles each year to accommodate the increased space needs of the growing program. DEMOGRAPHICS OF THE 2001 YOUTH BASKETBALL PROGRAM Region Boys Girls Totals City of Ukiah 187 123 310 Ukiah Valley* 188 140 328 Hopland 28 10 38 Anderson Valley 36 3 39 Potter Valley 17 27 44 Willits 32 9 41 Totals 488 312 800 *The Ukiah Valley includes participants from communities directly adjacent to the City of Ukiah, including Talmage, Redwood Valley, Capella, and Russian River Estates. It does not include participants residing within the city limits of Ukiah. Grade Level Boys Girls Totals 3/4 139 98 237 5/6 170 120 290 7/8 69 52 121 High School 110 42 152 Totals 488 312 800 NEED BASED SCHOLORSHIPS GRANTED FO':~ 2001 YOUTH BASKETBALL Grade Level Totals 3/4 13($375) 5/6 25($780) 7/8 8($190) Hicjh School 20($660) Totals 66($2005) MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, March 7, 2001 The Ukiah City Council met at a Regular Meeting on March 7, 2001, the notict had been legally noticed and posted, at 6:47 p.m. in the Civic Center CI 300 Seminary Avenue, Ukiah, California. Roll was taken and Councilmembers were present: Larson, Smith, Libby, Baldwin, and present: Customer Service Supervisor Archibald, Public Community Services Director DeKnoblough, Finance Director Manager Fierro, City Manager Horsley, City Attorney Works Director Seanor, Public Works Director/City En! ' 2. PLEDGE OF ALLEGIANCE Vice-Mayor Baldwin led the Pledge of Allegiance 3. RIGHT TO APPEAL DECISION Mayor Ashiku read the appeal process. and Clerk 4a following~ Staff les, 4. CONSENT CALENDAR M/S Smith/Larson approving a. Awarded Contract for Kenm Preparation of Drinking Sanitary Survey for the b. Awarded Bid to Hertz/Big 4 Wood/Brush Chipper in the Am~ Amendment; c. Received R~ Regardin! Californ General Forest~ a Porti( the Ukiah a through c of the s to ~sment in Con Is for follows: Services for with Watershed Model BC1230A Diesel 5 and of Related Budget of Lease Agreement with the State of Behalf of the California Department of Moti~ by the roll call B~ 5. AUDI S: Councilmembers Larson, Smith, Libby, ABSENT: None. ABSTAIN' None. IMMENTS ON NON-AGENDA ITEMS came ;ss Council. Public formati~ S~ ization City Manaqer to Negotiate and Enter into a Professional Services Agreement to Provide Digital Orthophotogra~h¥ an~ letric Mapping Services and Approval of Related Budget Amendment Engineer Steele explained that implementing a geographical (GIS) system for the City of Ukiah has been identified in the Goals and staff is moving towards its implementation. Recently staff solicited for Digital Orthophotography and Plannimetric Mapping Services. A thorough process was completed and staff is recommending award of the contract to 3Di. Regular Meeting March 7, 2001 Page 1 of 9 She introduced 3Di's Project Managers Ron Sluggett and Brett Hazell. Brett Hazell, Project Manager proposed for this project and also 3Di's Regional Director of Mapping Services, provided a presentation regarding the work product. He di.,'.he services offered including surveying, aerial photography, and mapping for u semi urban areas, and rural areas. Rau and Associates will complete the will target points on the ground and then survey them. He discussed for::::~= completing aerial photography that will be produced by a calibrated ma taken at 3,600 and 9,000 feet above ground. He discussed the scale of Iea contour model with regard to drainage, mapping buildings', street and existing hydrology (water) features. The digital orthophotog[aphy~age can be used in concert with other topographical maps. Ima~,~i~ also isplayed Web site. He discussed the layers of a digital file, geogra ¥"'i ation, and the image and feature data of the job. He advised that training?ii~':'City st~ff for use of the work product would take about two days Discussion followed with regard to aspects assist in determining the needs and requirements noted that once the City purchases the system, the information produced. 3Di will store the original film in the the City upon request. ~ow the system will as sewers. It was retain the right to all provided to M/S Baldwin/Libby author Professional Consulting Orthophotography and PlannimE exceed $72,121, and approval of expenditures in accounts 100.3001.8( $6,800, $1,600, the Enginee! ' AYES: AB~ and enter into a the 2001 Digital compensation not to budget increasing .000 and 820.3901.800.000 by accommodate the increased GIS cost between carried by the following roll call vote: , and Mayor Ashiku. NOES: None. Sa 6a. Discui Customer Ukiah being a( ;ased in{ The anal, percentage sunset date to the Ukiah C.A.R.E.S. Program Archibald advised that the Staff Report identifies how the am will last given different sets of circumstances. Eight to Council, some address increased benefits and some longevity of the program for this report presumes that no additional electric revenues will be added to the Public Benefits Fund beyond the January 1, 2002. The three portions of the CARES program consist of assistance that is allowed once a year, monthly discounts to senior and monthly discounts to non-senior households. She provided Council with the program since it began in October 1998. Regular Meeting March 7, 2001 Page 2 of 9 Marketing of the program has expanded and improved, with the goal of reaching as much of the community as possible. Staff has recently made a presentation to the management staff of the Mendocino County Department of Social Services and more are to be scheduled to other local agencies. At Council's request, information is reported toj de costs for weeklong Cable TV commercials that would enhance the marketi~ii~i program. She advised that eligibility is determined for all portions of the pro! current Federal Poverty Income Guidelines (FPIG). She continued is calculated. If the income were to be increased by either Cou proposed level or 200% of the FPIG, staff believes that Pa6,icil reduce longevity of the program funds. She discussed the e,~ii~narios Terry Poplawski, 612 Walnut Avenue, program. With Masonite's impending closure assistance. Expanding the program would be across the board rate reduction. of the ,ility in to expand the CARES:~ people needing than providing an Councilmember Baldwin voiced his appreciation to staff report. He felt it should be the utility rates progressive and pro, whether or not the state ext~ Scenario #7 with the plan any remaining Public Benefits Func We should increase the program to funding available. of the City and h assistance to Iow in( ram. He prog the Lch that in their the City's as possible, consideration of set date and to use y sound practices. be feasible with the current Finance beyond that intent specified for use of these funds City it doe now, you to the Public Utilities Commission (PUC), even if the funds are held for 10 years from atters than what is required under the law. four ways in which the Public Benefits Funds can be spent promote energy efficiency and energy conservation, to generation, research programs to fund to discover and gy, and funding for Iow income programs. Larson inquired if there is justification for advertising on Cable TV to can't afford to pay their electric bill but apparently can afford Cable TV. Baldwin discussed how some people spend their money on Cable TV as 9nt because they cannot afford a vacation, or more expensive forms of He felt advertising on Cable TV would be a way of reaching out to those Regular Meeting March 7, 2001 Page 3 of 9 people in need of assistance by providing them with information on services available. Councilmember Libby inquired as to the efforts of staff to reach the public regarding the programs available. ' .... Ms. Archibald explained that staff continues to try to improve ways ~n customers who have pending financial problems and information is programs with notices that go out to the households. She noted that S' develop a routine for contacting nursing homes and other agencies about the programs available. She made a presentation last m~ staff of the Mendocino County Department of Social Services a~:d about the programs so they could inform their staff that has residents, Informational flyers are also provided to agencies, Discussion followed with regard to a review of Staff that the participation would triple no m; $21,000 or to 200%. It just determines eli¢ JS the to of ity development anos. It was noted by it increased from Mayor Ashiku stated that it is important to note, that the surcharge into its operating discussed the Public Benefits C rates as they come forward noted that the City is only benefit of this program and other b community. He discussed using exchange of light bulbs that would He also solar panels additional regardi recof as well. is not included on th{ and felt the cil as to how e for ol absorbed the bills. He look at the new is disbursed. He spect of the intended it that would benefit the programs to such as an would continue each month. ate what SMUD is doing with regard to rooftop long-term dependency and need for pursue Staff's recommendation to apply twice a year. He also could be realized by employing other should be progressive in the rate structure as entire Assistance he guidelines are the same for all three portions of the ire of the monthly discounts, and the fact that they are on levels are expected to be reported and verified for an getting onto the program. The Temporary Emergency Iion is somewhat different in that regard. She continued to discuss this ram. with regard to Masonite laying off over 260 workers by May 2001, and may need assistance with their utility bills. Libby noted that none of the scenarios presented demonstrate continued Regular Meeting March 7, 2001 Page 4 of 9 funding past the year 2002. She felt that Scenario #5 provides the most help to seniors, increases assistance to the non-seniors, and provides assistance to a maximum of $300 more than once a year. She felt it important to look at the program again in six months to evaluate the impacts of the program, especially if more people are using the prog Libby/Ashiku approving Scenario #5 as follows: Maintain Income Guid ~at M/s net household income of 150% of Federal Poverty Income Guidelines Increase':::':::' Senior month discount to first 120 kWh free, Increase non-senior m( to first 100 kWh free, Increase Emergency Assistance to $300 maximum m( (not to exceed a maximum of $300), and to Increase costs to admini~ of program. .. Councilmember Larson noted the lack of a graduated I: in Scenario #5. At a higher income threshold, the ben{ He preferred that the City focus its benefits on the fixed income. He expressed interest in exten exploring conservation programs, such as bu, be left open for experimental programs and that we s TV. The City should make improvements to marketing ~ncomes and seniors o~"'i into the future and that options dvertising to Cable ram. Councilmember Baldwin felt th~ discussed the federal poverty guidelines is hurting re! other programs such as increasing the subsidy. funds should be almost unlivable. we should ,nces, now. He meeting these of the funds for ition to significantly Mayor Ashiku responded that it redu capacity you City, and to increas~ increas ~r benefit to ~ome of :i system, reduces how much ', thereby the cost base of rates throughout the entire He ,art of the money from this fund be used that eme~ ~ can be provided, and perhaps that are m( y. Additionally, some of that money can are intended. He felt it is important that want the City to continue this charge. He felt ~ublic in matter, and then commit to a plan that depletes supportive of Scenario #5 as a reasonable alternative. Council net the resource. ;mber Bal ::~!!!!!!!!'!!!? ..... motion lended to think Scenario #5 goes far enough. He suggested the Je Council revisiting the CARES program every six months. dku to amend the motion to include a provision that the program be six months. motion and the Public Benefits Charge continued. er Horsley advised caution, as there might be a lot of changes with financial in the next couple years regarding the electric utility. Regular Meeting March 7, 2001 Page 5 of 9 Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 7. NEW BUSINESS 7b. Approval of Expansion of Contract with Richard Ruff for Services for Ukiah Regional Airport Terminal Remodel and Amendment Community Services Director DeKnoblough advised that for sew and the Council have discussed the need to completely a remo~!ii?~',i?~and Terminal and Administration building at the Airport. However,..~.due to ~i~:ial lim the Airport Enterprise Fund has been unable to undertake proje~ii?Recently need has been increased, as the Airport staff has had Building because the current terminal building fails Airport staff and tenant businesses. He discussed with the Americans with Disabilities Act economic development or business recruitm~ of food service, which has been a long time goal of the has recently become aware of an opportunity Administration (EDA) to fund a maximum of 60% of the totaI the Ukiah Regional Airport the Federal Rural Develo utilized to provide gap financi the Flight Service the~b~sic space needs rades needed to compl~:~:~ ~n difficult to conduct !larly the recruitment Manager Don Bua Economic Development grade costs of grant funds, that could be In order to proceed with the Pre-a and design schematics and cost necessary to secure a limited contracl City expand the preliminary the project be defined o accomplish this, it will be He recommended that the Ruff for the Civic Center Addition, to include I. Mr. Ruff's proposal is $4,500. Discu~ use was in the southern portion of the City to pment of a transit center at the Airport Mr. DeKm El that staff has worked with Mr. Ruff to develop a draft design flexibility in designing office space and receiving areas for of transportation. He explained that the project includes a entire facility. regarding making the terminal ADA assessable. 'er Bua explained that there is a reserve in the Airport Enterprise Fund of $120,000 and the balance will increase by the end of the fiscal year. It is the Airport Reserve Fund will be able to save $100,000 and then borrow for a long-term loan through RDA, at a rate of 3% for 40 years. The Airport Fund has shown that it can generate enough money to make those payments. Regular Meeting March 7, 2001 Page 6 of 9 He continued to explain how the Flight Service Building is currently utilized. City Manager Horsley explained that the draft design includes space for a food service business and a pilots lounge area. Staff would like to plan for an airline, which th~ii~ink will eventually come to Ukiah, and be flexible enough to change the design dep~~ii~n. the needs of the airline. :,::~,~,i?,!i!i',ili'~i????.':~':' .... ~"~!!:~iiiii ii Councilmember Larson expressed concern that there be a me~ investment through Airport revenues and that there be access to the Councilmember Smith explained that t the last MTA Board meeting,:~'~Ee was seh and an offer to the owners will be made shortly. The site is ! outsi'~i~i~e City l at the northern part of town. MTA would still like to deve~iiii~'~:~ral site at the railroad M/S Smith/Libby approving contract expan~$i $4,5~ii',i?~ith Richard Ruff fo:; architectural services for Ukiah Regional ~~ii~.minal~:~,~:,~ el, and approving amendment to the 2000/2001 budget incre~'~ e~~~::~:'in::~{~:e 600.5001.250.00 account by $4,500. '::~::~:~ ~ ~ Councilmember Baldwin advised at he would vote "no" o~=:~otiQ~bause he feels a more modest and cost ~ ~.ing project is in order'?~??::~ C~ Manager Horsley ,at th~ ns woul~,~:e coming to the City Council for review. Motion carried by the following roll cai and Mayor '.S' Councilmei · ~rs Larson, Smith, Libby, Baldwin. ABSENT: None. ABSTAIN' None. 8. COl Counci Larsol atives to would be c( meeting and Station. It will .ported attendi~ meeting and a presentation on the made. There is a probability that we will be that has already been committee, which the next augmentation. MSWMA met in an emergency .d a grant request that will fund a two-year reuse facility at the Willits of the grant will be to divert any usable or saleable items ide for an employee for the duration of the grant to start a ng these nt Smith reminded everyone of the Main Street Program's recognition ild on March 15. At their last meeting, the Main Street Board of Directors by the Chamber of Commerce for merger of two organizations. Board of Directors decided that the proposal would not benefit the Main and they are considering writing a letter asking for additional input from the Commerce. He reported attending a MTA Board meeting and they are a north Ukiah site. Regular Meeting March 7, 2001 Page 7 of 9 Councilmember Libby inquired of Councilmember Larson regarding an update of the Call Boxes and if they have been implemented. Councilmember Larson explained they should begin installing the Call Boxes or summer. There was some discussion at MCOG concerning the amoun' would be used, since many people call from their cell phones. Councilmember Libby reported that she attended an EDFC meet Director Madeline Holtkamp has contacted the Trade and Comm~ the Masonite facility and to see if they could help to bring an There will be a Board training meeting on the finances and a re-lending loan program of $480,000 from USDA. portfolio of EDFC and their revolving loan program. She attended the Project Sanctuary open houst Center is moving forward and they meet a tive n May [ional money to the light, ommunity Recreation month. · Vice-Mayor Baldwin reported that he has a school-ork Russian River Watershed Council meeting this Saturday access to funding and since the Ci' is considering a may be prudent to attend. He lhat Council discuss applicability of ordinances cu~ 'ning wood issue becomes more troul leofwi distributed a letter from Suzanne P stoves. He recommended looking and Cloverdale. He also had an arti~ and opposition ~nflict and cannot attend the do have ~ssian River, it meeting the As the energy stove pollution. He the issue of wood of Petaluma, Healdsburg, Internet access to goof off 'cars that he provided Council. Mayor own coast. He is concerning the to meeting and they are projecting the California, even though we have our le problem may affect Ukiah and there is a Friday he attended an energy forum on the docino County Employers Council on March 16 state of the utility crisis in California, and anything they can do as 1 City Task Force, scheduled Eureka the M~ ER RECTOR REPORTS Horsle, uired if any Councilmember is interested in sitting on the Hunger ey meet on a monthly basis from noon to 1:30 p.m., with their next meeting An invitation to the Redwood Regional Logging Conference in Seltzer St. Patrick's Day celebration were received. She distributed a copy press release and letter that was sent to the City yesterday. She also for the March 8, 2001 workshop regarding the Fire Department JPA. also received from the Ukiah Firefighters Association. The meeting will take the Ukiah Valley Conference Center at 4:00 p.m. She inquired of Council if it Regular Meeting March 7, 2001 Page 8 of 9 would be appropriate to send a letter, under the Mayor's signature, to the Ukiah Daily Journal thanking them for their coverage of the City's 125th anniversary. Consensus of Council expressed their appreciation to the Ukiah Daily Journal news coverage. City Clerk Ulvila reminded Council that the deadlines for submittin, Economic Interests are due on April 9, 2001. Adjourned to Closed Session at 8:25 p.m. Reconvened at 11 '10 p.m. 10. CLOSED SESSION a. G.C. §54957.6 - Conference with Labor N~ Employee Negotiations: Electric Unit No action taken. b. G.C. §54956.9(a)- Conference with Leg Litigation (Name of Case: Ruelle vs. City of Ukiah, Case No. SCUKCVCV0083733) No action taken. Existing County Superior Court c. Public Employee Consensus of Council ap 11.ADJOURNMENT There being no further business, the ~% City mt for the Manager. was adjourned at 11 '10 p.m. Marie Ulvi Clerk Regular Meeting March 7, 2001 Page 9 of 9 MEMO TO: Honorable Mayor and City Councilmembers FROM: City Clerk Marie Ulvila SUBJECT: City Council Meeting Minutes: March 8, 2001 DATE: March 30, 2001 The draft minutes of the March 8, 2001 Special Meeting of the City Council and Ukiah Valley Fire District will be sent to you on Monday, April 2, 2001 for review. Memos: CC 3/30/01 - Minutes AGENDA SUMMARY ITEM NO. 6a Date: April 4, 2001 REPORT SUBJmCT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR 5,000 FT. OF 750 MCM ALUMINUM, 600V, SINGLE CONDUCTOR CABLE TO G.E. SUPPLY IN THE AMOUNT OF $6,878.23. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,0000 but less than $10,000. A Request for Quotation (R.F.Q.) through the informal bid process was sent to nine suppliers. Seven bids were received and opened by the Electric Department on March 14, 2001, at 1:00 p.m. The bids were evaluated by Staff, G.E. Supply was the lowest bidder. A purchase order was issued in the amount of $6,878.23 including tax and freight. This cable will be placed in warehouse stock for planned future projects and has been budgeted in the 2000/01 Fiscal Year in Account Number 800.3646.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to G.E. Supply for the sum of $6,878.23. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electrical Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Cand~ce Horsley, City Manager Attackunent: Bid results~ Candace Horsley, ~ity Manager BID RESULTS 750 MCMALUMI~, 600V, SINGL~ CONDUCTOR CABL~ G.E. Supply Consolidated Electric Distribution Western State Electric Stephen, McCarthy & Associates Wesco Intraline Pirelli Cable Corporation $6,878.23 $7,063.23 $7,281.35 $7,730.75 $8,201.55 No Bid No Bid ITEM NO. 6B DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR THE PURCHASE OF ELECTRIC METERS TO WESCO IN THE AMOUNT OF $6,378.91. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,0000 but less than $10,000. A quotation was requested for the purchase of 196-FM 2S ABB electric meters. ABB meters and software were determined by City Staff to be the best application for the needs of the City. The meters will be placed in warehouse stock for new services and the continuing meter change out program. Wesco is the sole supplier for ABB meters, (ABB policies for distribution, see attachment). A purchase order was issued to Wesco in the amount of $6,378.91 including tax and freight. They have been budgeted in the 2000/2001 Fiscal Year in Account Number 800.3650.690.000. Sufficient funds are available. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Wesco in the amount of $6,378.91. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: ABB DZ~bution Policies APPROVED: ~~ ~ ..~_~~ ~ Candace Horsl~y,/City Manager ABB Network Partner ABB Power T&D Company Inc. Information Systems Division 201 South Rogers Lane Raleigh, North Carolina 27610-2107 USA Tel: +1-g19-212-4700 Fax:+1-919-212-4717 FacsimileTransmittal TO: CC; From: City of Ukiah, California Pat Corrigan Date: 8/29/97 Total pages including this one: Telefax: 7074672811 Direct Line: Telefax: +1-919-212-5071 +1-919-212-4717 SUBJECT: Single Distribution To the Honorable Board of the City of Ukiah, CA: We do not have multiple channels of distribution for our metering product lines. We tried using multiple channels at one time, but the 'result was extreme difficulty coordinating effective service and support back to the operations departments of our many public power customers. In public power metering, service and support have always been critical issues but they are even more so today. We know our metering operations customers very well and we know that they operate with a very high level of integrity. At the end of the day, they are the keepers of the cash register of our industry. By keeping close tabs on our distributors we are able to achieve a higher confidence that our distributors are property supporting our public power customers; thereby preventing mistakes and misunderstandings. Modern electricity meters produced today (like our Alpha Meter) can hold measurement accuracies anywhere from five to twenty times better (closer to true 100%) than the older electromechanical meters. They can also offer much more information about the quality and diagnostic natures of the electricity at the service point. However, excellent technical and commercial support are essential to succesful use of the new metering technology. _ectfully,/~ Patrick Corrigan Marketing Manager Electronic Metering ,.-' 300 ~.'.t6.V~., UKIAH, CA 95482 AUG 29 '9? 14:55 FR ABB ROGERS LANE 919 212 4717 TO 917074672811 P.02/02 ool zJJ i~ uu.J~ ~ v, -~w, ~.~.-~ .............. · Al)MIN. 707/463-6200 · 4634242 I FI~E 463-6274 : August 25, 1997 ABB POWER T a D 201 $. Rogers Ln. Raleigh, NC 27610 Attn: Pat Con'iga.n Re: ABB-New Generation Alpha Plus Meters As per our City Municipal Code, un&r Article 2 - Bidding Procedures, we are required to solicit bids/proposals fi.om a minimum of three suppliers/distributors, We request your assistance in providing us with three supplier/distributors in Cali£omia ~nd/or Oregon, Washington, Nevada or Arizona. #1 Company Name Contact #2 Company Name Address, Contaot ~3 Company Name Address. Contact . Thank you for your assistance. Judy Je~ey~ublic Utilities 707/467-2825, F~: 707/467-28 AUG 25 '97 12:51 7074~72811 PPlGE . 81 ** TOTAL PAGE.02 ** ITEM NO. 6 c DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: Award of bid for various pad mount transformers in the amount of $48,978.18 to various vendors. A Request for Quotation was written to purchase 4 different size transformers. Requests through the formal bid process were sent to 10 suppliers. Five bids were received from four suppliers, and opened by the City Clerk on March 22, 2001 at 2:00 p.m. The bidders were: 1. G.E. SUPPLY CO. 2. WESCO 3. WESTERN STATES ELECTRIC (Bidding on both Cooper & Pauwels) 4. WRATHALL & KRUSI 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. Adequate funds for this purchase are budgeted in Account No. 800.3646.690.000. RECOMMENDED ACTIONS: Award bids totaling $48,978.18 as follows: Two - 75 KVA pad mount transformers to Western State Electric for $9,039.36, one - 150 KVA and three - 300 KVA pad mount transformers to Wesco for $24,190.56 and two - 500 KVA pad mount transformers to Wrathall & Krusi, Inc. for $15,748.26. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and provide direction to staff. Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: Bid Tabulation Approved: t~~~.~_~~_x ~andace Horsley, Cit~Manager H 0 0 0 0 ITEM NO. 6d DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL CONCERNING THE REPLACEMENT OF A HEATING AND AIR CONDITIONING UNIT AT THE GRACE HUDSON MUSEUM BY ASHFORD HEATING AND COOLING IN THE AMOUNT OF $7,598.62 Pursuant to the requirements of Section 1522 of the Municipal Code, staff is filing with the City Council this report regarding the replacement of a heating and air conditioning unit at the Grace Hudson Museum by Ashford Heating and Cooling in the amount of $7,598.62. Ashford's current maintenance contract for HVAC services with the City of Ukiah provides for the replacement of units within the original contract bid process. Funds for this purchase have been budgeted in the 100.6150.800.000 account. RECOMMENDED ACTION: Receive report regarding the replacement of HVAC unit at the Grace Hudson Museum by Ashford Heating and Cooling in the amount of $7,598.62 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: N/A Requested by: N/A Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Sherrie Smith-Ferrie. Museum Director Attachments: N/A Candace Horsley, ~lt anager LD/ZIP MuseumHVAC.ASR ITEM NO. 8a DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF ALTERNATIVE WAYS TO APPOINT PLANNING COMMISSIONERS. SUMMARY: During the budget hearings last June, and again in July, 2000 during Planning Commission appointments, the City Council had brief discussions about alternative ways to appoint Planning Commissioners. On July 19, 2000, Councilmember Baldwin proposed that each Councilmember should be able to select a Commissioner rather than continue with the current rotational selection process. He felt that this would reduce or eliminate frequent decisions by the Council to overturn Planning Commission decisions. The Council concluded the discussion by directing staff to bring the item back in the spring for discussion and possible action prior to the three (3) Planning Commission appointments due in June 2001. In January of this year, the City Council interviewed a number of prospects and selected Mr. James Mulheren to fill Councilmember Larson's vacated position on the Planning Commission. During this process, the Council heard from the Mendocino County Employers Council (MCEC), who requested that consideration be given to amending the Ukiah Municipal Code to allow the appointment of a person who lives outside the City limits. The MCEC noted that many business owners and employees within the City do not live in the City Limits, and that they should have the opportunity to serve the community on the Planning Commission. After discussing this proposal, the Council again decided not to take immediate action, and directed staff to bring the item back in the spring for further discussion and possible action. Staff recommends that the Council discuss and consider alternative approaches to appointing Planning Commissioners, and provide direction to staff. RECOMMENDED ACTION: Discuss and consider alternative approaches to appointing Planning Commissioners, and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTION: Do not discuss and consider alternative approaches to appointing Planning Commissioners, and continue with the current selection process. Citizen Advised: N/A Requested by: Vice Mayor Baldwin Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: 1. City Council minutes, dated July 19, 2000 2. City Council minute_s~ted January 17, 2001 APPROVED:'~~ '~ Candace Horsley, City M~nager Council was elected to make these decisions. However, this issue has been around for nearly eight years and he is supportive of an advisory vote of the public. Discussion followed concerning various Skateboard Park sites identified by the Skateboard Park Committee. Some Councilmembers were of the opinion that Council should be able to make a decision on the matter without going to the voters. The issue of having a Skateboard Park in a residential area was discussed. City Manager Horsley advised that the Low Gap Road property may be available for a Skateboard Park and staff will continue to investigate the matter. Dottle Copeland, 1240 North Pine Street, residing across the street from Vinewood Park, noted that the people at the meeting were objecting to having all of the skateboarders coming to their neighborhood, and they wanted to keep Vinewood Park as a neighborhood park. She suggested the concept of having more than one skateboard facility 0in the City. Eric Larson, Chairman of the Planning Commission, advised he attended the meeting at Vinewood Park and discussed the complexity of a Skateboard Park. He was of the opinion that the person suggesting that the issue go before the voters said it more in the context of a threat if the City decided to construct a Skateboard Park in Vinewood Park. In most of the Skateboard Committee meetings, it has been voiced that a skateboard park would not be welcomed in residential areas. He felt it is Council's job to find a less impacted area for the site. PLANNING COMMISSIONER SELECTION PROCESS Councilmember Baldwin stated that it makes sense that each Councilmember should individually select a Planning Commissioner versus the current rotational selection process whereby each Councilmember nominates and all Councilmembers vote on a candidate. He inquired if Council passed a resolution at their next meeting, when would the matter be effective? City Manager Horsley advised that an Ordinance would need to be introduced, then adopted at a subsequent meeting. Council would then adopt a Resolution and then, as the Planning Commissioner's terms expire, it would become effective. Councilmember Baldwin further discussed his concept that as a Councilmember is elected, they appoint their own Planning Commissioner. This would not be a rotational process. He felt the current process leads to very frequent decisions by Council to overturn Planning Commission decisions. Eric Larson, 123 Clara Avenue, explained that five years ago'he was appointed to the Planning Commission by a Councilmember who's philosophy was different than his. He felt he was appointed to the position because of his involvement in the community. It was his opinion that land use decisions are not primarily political in nature and that it is important to have a variety of perspectives on the Planning Commission. Councilmember Baldwin suggested the matter be revisited after the November election. Empire Municipal Insurance Fund; e. Awarded Bid for Purchase of Liquid Polymer-Emulsion SW-057 to Polydyne, Inc. for the Sum of $10,800; f. Received Notification to the City Council Regarding the Purchase of a Digital Copier from The Systems Network, in the Amount of $6,426.75; g. Awarded Bid for Two Gorman-Rupp T4A3-B 4"x4" Self-Priming Centrifugal Pumps to Thomas and Associates for the Sum of $15,316.00 Plus Tax; h. Adopted Resolution No. 2001-38 Waiving the 60-Day Notification Requirement for Establishing a County Facility in the City (400 Talmage Road), Pursuant to Government Code §25351; i. Approved Funding for Inland Water and Power Commission for Preparation of a Participation Agreement with the Sonoma County Water Agency in an Amount Not to Exceed $1,000; j. Approved Notice of Completion for Civic Center Roof Overlay, Specification No. 00-1; k. Awarded to Other Than Low Bidder the Acquisition of Forklift to Accurate Forklift in the Amount of $19,153. Motion carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Gather Lowenstein, 748 South Oak Street, discussed code violations at 744 South Street with regard to the accumulation of assorted garbage at this location and that the violation has not been abated. 9. PETITIONS AND COMMUNICATIONS 9a. Consideration of Letter From Mendocino County Employers Council City Manager Horsley advised that the City received a letter from Al Beltrami, Executive Director of the Mendocino County Employers Council, requesting that the City Council consider appointing a Planning Commissioner who lives outside the City limits. Albert Beltrami, Executive Director of the Mendocino County Employers Council, discussed the letter to Council dated December 18, 2000, and felt that it is a serious concern with regard to the City's future relationship with the area around the City limits. On behalf of the Employers Council, he proposed that Council consider one of the appointments to the City's Planning Commission not be a resident of the City. The Employers Council has found that many business owners and employees within the City live outside the City boundaries. He felt it has become more and more difficult for the City to find individuals for appointment to various commissions. Discussion followed with regard to the Mendocino County Employers Council proposal. The concept of establishing a regional planning authority to address both County and City issues was briefly discussed. Setting restrictions or parameters for appointment of a non- City resident was addressed. It was noted that several Planning Commission terms will expire in June and it may be worthwhile to explore changes in the current appointment process. Concern was expressed that a non-resident would not be interested in protecting January17,_2001 ) ~~/~~~ ~ the interests of citizens of Ukiah. Councilmember Baldwin proposed that the matter of changing the procedure for appointment to the Planning Commission should be brought before Council in March for consideration. In this way, any changes to the procedure would be implemented by June when terms expire, and would affect the tenure of existing Commissioners if adopted. It was the consensus of Council not to direct Staff to pursue amending the ctjrrent Ordinance with regard to appointment of the Planning Commission at this time. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS John Young, 610 Donner Lane, spoke to Council about an ongoing problem with an individual at 614 Donner Lane who is operating a business out of his home. He discussed safety concerns with the large vehicles blocking the view of stop signs and also with noise issues generated by the large trucks. 10. NEW BUSINESS 10a. Adoption of Resolution Making Appointment to the Planning Commission Mayor Ashiku discussed the appointment process. Councilmember Libby explained that there is a need to work on the disharmony that seems to exist between the City Council and the Planning Commission. She expressed a need to create a Planning Commission that is affective and can work well with the City Council. She voiced her support for Brenda Levaditis to be appointed to the Planning Commission. M/S Libby/Larson nominating Brenda Levaditis to fill an unexpired term on the Planning Commission; motion failed by the following roll call vote: AYES: Councilmember Libby. NOES: Councilmembers Larson, Smith, Baldwin, and Mayor Ashiku. ABSENT: None. ABSTAIN: None. , M/S Smith/Ashiku nominating James Mulheren to fill an unexpired term on the Planning Commission. Councilmember Baldwin discussed his views concerning changing the appointment process for the Planning Commission. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, and Mayor Ashiku. NOES: Councilmembers Larson and Baldwin. ABSENT: None. ABSTAIN: None. M/S Smith/Ashiku adopting Resolution No. 2001-39 making appointment of James Mulheren to the Planning Commission to fill the unexpired term of office that expires June 30, 2001, carried by the following roll call vote: AYES: Councilmembers Larson, Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting January 17, 2001 Page 4 of 1J. March 27, 2001 Fellow Council Members: It is time to consider an alternative Planning Commission appointment process. When this issue was broached in Council discussion on several previous occasions members suggested it be agendized. And so it is. I suggest the drafting of an ordinance to take effect January 1, 2002, which will provide each Council member the courtesy of appointing one City Planning Commissioner to serve a concurrent term with that Council member. Nothing in this proposal is to disparage the efforts of current Planning Commissioners who have diligently served this community with progressive insight. These current Commission members merit the opportunity to see through several critical General Plan implementation measures, most vital being a new Hillside Development Ordinance and commercial development Design Review program. The remaining nine months before this change takes effect provide that time. The process under which we now labor is awkward and demeaning. Obviously, there are differing visions of how Ukiah should grow and change. We often are afraid to admit this fact. Presently, committed and talented volunteers of differing word views are forced to submit their names, undergo a dubious public interview process, and then await a Council vote which often proves embarrassing, but always proves politically telling. Let's face our differences about land use honestly. Let's terminate the current clumsy process in favor of one that will increase trust and communication between Council and Commission. Thank you for considering this proposal. Si e'Yt ITEM NO. q0~ DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: CONDUCT PUBLIC HEARING REGARDING ADOPTION OF RESOLUTION APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR UKIAH VALLEY CULTURAL/COMMUNITY CENTER Over the last two years staff, with Council direction and input, has been cooperating with the Ukiah Valley Cultural and Recreation Center (UVCRC) Committee for the development of a community facility. The UVCRC Committee consists of representatives of the City, County of Mendocino, Ukiah Unified School District, and several non-profit community based organizations such as Nuestra Casa and Boys and Girls Club. The City is represented by Councilmember Libby and the Community Services Director. The location of the project was selected based upon the availability of the property, which is being offered by the School District as part of the development of the new elementary school. Should the project go forward as proposed, the UVCRC site will ultimately contain approximately 20,000 square feet of community space including a full size gymnasium and several recreation and classrooms. In addition to the School District property, the UVCRC Committee has been successful in securing up to $1,000,000 in Tobacco Fund money from the County of Mendocino. Committee Chairperson, Dr. Marvin Trotter, will provide a detailed presentation of the project including a historical update at the April 4th Council meeting. (Continued on Pa.qe 2) RECOMMENDED ACTION: Open Public Hearing, receive project presentation by UVCRC representative, and continue Public Hearing to April 12 ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine April 12 is inappropriate date for Public Hearing and continue to alternative date. 2. Determine application for CDBG General Allocation funds on behalf of UVCRC is inappropriate at this time and move to deny request for participation by City. Citizen Advised: UVCRC Committee Requested by: UVCRC Committee Prepared by: Larry W. DeKnoblough, Community Services Director Coordinated with: Candace Horsley, City Manager Karen Yoast, Executive Assistant Michael F. Harris, Budget Officer Attachments: 1. Proposed Resolution APPROVED:~~,, Candace Horsley, Cit~ Manager LD/ZIP[ CDBGRecCenter. Asr This item is being submitted to the Council at this time as the UVCRC Committee has requested the City, on behalf of UVCRC, submit an application to the State Housing and Community Development Department (HCD) for $1,000,000 over two years of CDBG General Allocation funds for project construction. The deadline for application submittal is April 13th and it is required that a public hearing to review the application and adopt the authorizing Resolution (Attachment #1 ) be conducted prior to submittal to HCD. The Council should note that the Committee's request is for two years which would obligate the City's CDBG allocation of $500,000 per year for that time period and thus preclude any other Community Facility grant requests, such as the homeless shelter, from being submitted. As the Committee's request was received after the regular Council agenda packets had been distributed, the public hearing is being added as an urgency item. Notice on this item was published in the Daily Journal on April 3rd, however, due to the late date of its submittal and in order to allowfor better opportunity for public review, staff is recommending that Council open the Public Hearing, allow Dr. Trotter to proceed with UVCRC's presentation, and then continue the Public Hearing to a special meeting in the afternoon April 12th. This will provide City and UVCRC staff adequate time to complete the substantial application prior to the continued Public Hearing and time to address any changes that may result from the Public Hearing. DRAFT RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING AN APPLICATION AND CONTRACT EXECUTION FOR FUNDING FROM THE GENERAL/NATIVE AMERICAN ALLOCATION OF THE STATE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO WITH THE STATE OF CALIFORNIA FOR THE PURPOSES OF THIS GRANT WHEREAS, the Community Development Block Grant (CDBG) Program will assist local entities in providing assistance to very Iow, Iow, and moderate income persons (Targeted Income Group); and WHEREAS, the City of Ukiah has joined with the Ukiah Redevelopment Agency, Ukiah Unified School District, County of Mendocino, Ukiah Valley Cultural and Recreation Center Committee, Ukiah Boys and Girls Club, and numerous non-profit community based organizations to develop a facility which will enhance the community's ability to provide services to the Targeted Income Group; and WHEREAS, this facility is proposed to be located on the new elementary school site near the southern boundary of the City's corporate limits; and WHEREAS, local fund raising efforts are currently underway to provide a substantial portion of the construction and operational costs for the facility; and WHEREAS, the City of Ukiah desires to facilitate the financing of this project through an application from the Community Facilities portion of the CDBG program. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah as follows: 1) The City Council has reviewed and hereby approves a CDBG application for up to $1,000,000 through a two year funding cycle for construction of the Ukiah Valley Cultural and Community Center; 2) the City Manager is hereby authorized and directed to act on the City of Ukiah's behalf in all matters pertaining to this application; and 3) if the application is approved, the City Manager is authorized to enter into and sign the grant agreement and any amendments thereto with the State of California for the purposes of this grant. PASSED AND ADOPTED this 12th day of April 2001, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk DRAFT Resolution No. 2001- Page I of I AGENDA ITEM NO: 9a DATE: April 4, 2001 SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING CO-SPONSORSHIP OF RUSSIAN RIVER UNLIMITED APPLICATION FOR URBAN STREAMS RESTORATION GRANT SUMMARY: Staff has been approached by Russ/an River Unlimited to co-sponsor a grant application for funds offered by the State of California Water Resources Department. Our office alerted Russ/an River Un//rn/tedof this grant once it sought out our assistance on issues concerning clean up of the river. The grant proposal totals $193,532. If the grant is approved, the City Of Ukiah would become the fiscal receiver of all grant funds. The fiscal receiver is responsible for all financial transactions and management of the grant monies, in accordance with State of California regulations. The City will receive $10,588 as administrative compensation under the provisions of the grant proposal. Insurance indemnification will be provided by Russ/an River Un//rn/tedto protect the City from any general liability exposure claims. The purpose of the grant will be for river clean-up, community education, and restoration of the Russian River. Staff believes this is an excellent opportunity to assist in the river cleanup and restoration efforts and recommends participation. RECOMMENDED ACTION: Adopt resolution approving co-sponsorship of California Water Resources grant. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to pursue other options. Citizen Advised: Requested by: Prepared by: Coordinated with' Attachments: N/A Russian River Un/ira/ted Albert T. Fierro, Assistant Ci~ Manager Candace Horsle¥, City Manager Resolution for adoption Can~ace I~orsley, City/V~nager RESOLUTION NO. 2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING CO-SPONSORSHIP OF AN APPLICATION BY £/J$$/AN £/I/_F£ L/IVI/A4/)"£D FOR AN URBAN STREAMS RESTORATION GRANT, OFFERRED BY THE CALIFORNIA DEPARTMENT OF WATER RESOURCES AND APPROVING THE CITY OF UKIAH AS FISCAL RECEIVER FOR ALL FINANCIAL MAI-I'ERS ASSOCIATED WITH SAID GRANT WHEREAS, the California Department of Water Resources, Division of Local Assistance, Urban Streams Restoration Program has announced the availabilily of funds for grants; and WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; and WHEREAS, the City of Ukiah has proposed to co-sponsor a grant application with River Un/im#e~; and WHEREAS, the City of Ukiah has concluded the project proposed for funding with the grant funds would be environmentally beneficial and categorically exempt from requirements for environmental documentation preparation under Class 4; and WHEREAS, the City Of Ukiah considers the prospects of receiving a grant to be reasonably likely, NOW, THEREFORE, BE IT RESOLVED: the City of Ukiah approves the joint application with the £ussiczn giver Un/irn#ec/for an Urban Streams Restoration Program grant, and if offered such a grant, Candace Horsley, City Manager of the City of Ukiah is authorized to accept and sign any contract for administration of the grant funds, Rebecca Kress, £us~iczn River Un/irn#ed Manager will develop a work plan for the project, and Gordon Elton, Finance Director of the City of Ukiah will submit invoices to the Department of Water Resources for all activities carried out under the work plan for the grant contract. PASSED AND ADOPTED this 4'h day of April 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Phillip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk ITEM NO. 9~ DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: RECEIVE AND FILE THE AUDITED FINANCIAL STATEMENTS FOR FISCAL YEAR 1999/2000 Stephen Herr, CPA of Davis Hammon & Co., Certified Public Accountants, conducted the audit of the City of Ukiah's financial statements for the year ended June 30, 2000. Davis Hammon & Co. has audited the City's financial statements for a number of years and therefore has a good understanding of the City's operations. This continuity also provides the financial statements with a similar presentation from year to year. Mr. Herr will attend the Council meeting and answer any questions the Council may have. The financial report is divided into several sections: REPORT Table of Contents General Information Independent Auditors' Report Combined Financial Statements Notes to Financial Statements Enterprise Funds Combining Statements Single Audit and Other Compliance Report Compliance and Internal Control Information Report on Appropriations Limit Worksheets Supplemental Information Ukiah Redevelopment Agency Audit Report Paqes i-ii iii 3-4 5-10 11-24 25 -29 30-33 34 -41 42 -43 44 -46 47-58 Independent Auditors' Report The auditors' opinion, titled "Independent Auditors' Report," is unqualified. This means that, in the auditor's opinion, the overall (Continued on page 2) RECOMMENDED ACTION: Receive and file the City of Ukiah financial statements for the year ended June 30, 2000, audited by Davis Hammon & Company. ALTERNATE COUNCIL POLICY OPTIONS: None Requested by: Candace Horsley, City Manager Prepared by: Gordon Elton, Finance Director Attachments: 1. Schedule of Combining Funds Note: Bound copy of the City of Ukiah Financial Statements for FY 1999-2000 was forwarde~der separate cover APPROVED: ~_ ~~~ ~ Ca~dace Horsley, qity Manager financial statements present fairly, in all material respects, the financial position of the City as of June 30, 2000. Combined Financial Statements As a whole, the City is fiscally sound. The audited financial statements present a summary level for the General Fund, Special Revenue Funds, Debt Service Funds, Capital Project Funds, Enterprise Funds, Internal Service Funds, and Trust and Agency Funds as well as a listing of the totals for the General Fixed Assets and General Long-term Debt Account Groups. This summary is an overview from which only generalized conclusions should be drawn. In addition, Combining Statements of the Enterprise Funds are included on pages 25-29. The general ledger maintains many more funds than are identified in the audited financial statements. Attached is a schedule of the funds that are combined into the funds identified in the audit report. Notes to Financial Statements In addition to the financial statements themselves, the "Notes to Financial Statements", which begin on page 11, provide important additional information about the financial condition of the City and the manner in which business is conducted. Note 1, Summary of Significant Accounting Policies, discusses the City's policies regarding how various assets, liabilities, revenues and expenses will be recorded in the financial statements. Note 2, Legal Compliance - Budgets, discusses the budget process. Note 3, Deposits and Investments, discusses the types and amounts of the City's investments. Note 4, Receivables, provides information concerning estimated utility receivables, allowances for uncollectible accounts and property tax receivables. Note 5, Fixed Assets, lists the amount of changes and balances in the General Fixed Asset Account Group and the fixed assets of the Enterprise and Internal Service Funds. Note 6, Risk Management, provides some information regarding the City's types of insurance coverages and the deductibles the City pays before coverage begins. Note 7, Capital Leases, and Note 8, Long-term Debt, identify the commitment for future lease and debt obligations. Note 9, Interfund Assets/Liabilities, lists amounts owed between funds. Note 10, Other Required Individual Fund Disclosures, lists the portion of fund balances that are reserved or designated for specific purposes, funds that have deficit fund balances, and funds whose expenditures exceeded their budgets. Landfill Closure and Post-closure Costs, Note ll, discusses the funds set aside for closure and post-closure costs and the calculation of the City's future obligation for these costs. Note 12, Contingencies, discusses the possibility that various legal actions or future grantor decisions may have a financial impact on the City. Note 13, Service Contracts, identifies agreements the City has entered into for provision of various services. Note 14, Segment Information - Enterprise Funds, identifies where the required information related to enterprise GE :Audit99. agn Page 2 funds is found. Note 15, Joint Powers Agreements, identifies the joint powers agreements the City has entered into. Note 16, Deferred Compensation and Note 17, Employee Retirement Systems, discuss the retirement options available to City employees and various costs associated with the plans. Enterprise Fund Combininq Statements (pages 26-29) These schedules provide asset, liability, equity, revenue, expense and cash flow information for each of the nine enterprises in the City. The nine enterprises within the City are: Electric, Street Lighting, Water, Disposal Site, Sewer, Airport, Parking District, Golf, and Conference Center. Sinqle Audit and Other Compliance (pages 31-32) The Single Audit requirement applies when assistance from the Federal Government reaches certain levels. The Single Audit report is presented in a standardized format required of all recipients of significant federal funding. This report identifies each grant award, receipts or revenue and disbursements or expenditures for each grant. Compliance and Internal Control (pages 34-41) The Compliance and Internal Control section is the area where the auditors report on compliance in accordance with government auditing standards, compliance with general federal requirements, and on internal control structure. The '~Schedule of Findings and Questioned Costs" (pages 38-41) indicates: 1) The auditors express an unqualified opinion on the general purpose financial statements of the City; 2) One new reportable condition, #00-1, Bank Reconciliations, and two continuing conditions, #99-1, Miscellaneous Accounts Receivable and #97-2, Reconciliation of Fixed Assets were disclosed during the audit; 3) No instances of noncompliance material to the financial statements of the City were disclosed during the audit; 4) No reportable conditions were disclosed during the audit of major federal award programs (Single Audit) for the fiscal year; 5) The auditors express an unqualified opinion on the compliance for major federal and other award programs; 6) No instances of noncompliance material to major federal and other award programs were disclosed during the audit; 7) Three programs were tested as major programs: Federal Emergency Shelter Grants Program (U.S. Dept. of Housing and Urban Development); Community Development Block Grants Program (U.S. Dept. of Housing and Urban Development) and State Transportation Improvement Program (State of California Dept. of Transportation); 8) The threshold for distinguishing major programs was $300,000.00; and 9) The City was determined not to be a low-risk auditee. Management responses, for each issue the auditors raised, are included in the audit report. Reportable condition #00-1 had to do with completing bank reconciliations in a timely manner. Procedures are in place that are anticipated to produce timely bank reconciliations by the end of the fiscal year. Prior year finding #99-1 had to do with reconciling the miscellaneous accounts receivable subsidiary ledgers with the GS~AUDIT99. AGN Page 3 general ledger. Improvement is necessary in identifying the differences that occur between the subsidiary and the general ledger. When a new financial system is procured, an automated interface between the subsidiary and general ledger is anticipated. This automation will assure the consistency between the ledgers. In the interim, procedures to improve the resolution of differences between the subsidiary and general ledgers are being implemented. Prior year finding #97-2, related to recording changes in fixed assets, was restated. This finding identifies that the services obtained from the vendor providing fixed asset record keeping are not as complete or timely as they could be. When new financial management software is purchased, fixed asset record keeping is expected to become an internal process. Prior year compliance finding #99-2 had to do with certain costs of a police officer charged to the COPS More '96 grant when these costs were not grant eligible. The finding was resolved and no similar finding was noted during the current year audit. Report on Appropriations Limit Worksheets (pages 42-43) In accordance with League of California Cities guidelines, the auditors performed a review of the appropriations limit work papers prepared by City staff. Based on the limited procedures performed, the auditors noted no exceptions. Ukiah Redevelopment Agency (pages 48-58) The Ukiah Redevelopment Agency financial records are included in the statements labeled "City of Ukiah" as well as presented separately at the end of the audit report. This presentation is required under the generally accepted accounting principle of ~reporting entity" which states that any entity which the City Council controls a majority of must be included in the City financial statements (Note IA, page 111). Additional Information At June 30, 2000, the City was in a better financial position than was anticipated when the FY 1999/2000 budget was adopted. This improved position was seen in the improved financial picture presented in the mid-year budget amendment adopted at the January 17th meeting. Staff will make a presentation at the Council meeting to further explain the financial results of fiscal year 1999-2000. Recommended action Staff recommends receiving and filing the audited financial statements for the year ended June 30, 2000. GS~AUDIT99. AGN Page 4 100 110 115 131 140 142 143 2OO 201 2O3 2O4 2O5 2O6 2O7 210 25O 27O 28O 290 300 301 302 303 330 332 333 334 335 340 341 345 618 960 962 150 966 120 698 965 575 678 696 697 26O 9OO 910 915 920 940 General Fund General Fund Special General Fund General Fund Reserve Equipment Reserve Fund Schedule of Combining Funds FY 99-00 Special Revenue Park Development Fund National Science Foundation NEHI Museum Grant Asset Seizure Asset Seizure (Drug/Alcohol) Health & Safety Education Fund Federal Asset Seizure Supplemental Law Enforcement Services Fund (SLESF) Community Policing Grants Local Law Enforcement Block Grant Fund Traffic Safety Special Revenues Signalization Fund Storm Drain Fund Bridge Fund 2106 Gas Tax Fund 2107 Gas Tax Fund 2107.5 Gas Tax Fund 2105 Gas Tax Fund 1998 STIP Augmentation Fund Federal Emergency Shelter Grant Community Development Block Grant Economic Development Block Grant Revolving Loans Community Dev. Comm. Fund SB325 Reimbursement Fund S.T.P. Off-System Roads Fund Flood Damages Community Redevelopment. Agency Fund Redevelopment Housing Fund Debt Service Civic Center Fund Redevelopment Debt Service Capital Projects Capital Improvements Fixed Asset Fund Redevelopment Cap Improvement Fund Internal Service Funds Garage Fund Public Safety Dispatch Fund Purchasing Fund Billing Enterprise Fund Expendable Trust Funds Downtown Business Improvemt Special Deposits Worker's Compensation Fund PERS Reserve Fund Liability Fund Payroll Posting 64O 641 650 651 652 67O 679 95O Attachment #1 Agency Funds San District Revolving Fund U.V.S.D. Special Fund Special San District Fund (Cap Imp) REDIP Reserve Account REDIP Sewer Enterprise Fund Ukiah Solid Waste Billing M.E.S.A. General Service 55O 555 8OO 801 8O6 810 815 Electric Enterprise Lake Mendocino Bond Interest/Redemption Lake Mendocino Bond Reserve Electric Fund Electric Revenue Fund Public Benefits Electric Reserve Fund Electric Rate Stabilization Fund Water Enterpries 820 Water Fund 830 Water Reserve 840 Special Water Fund (Cap Imp) 66O 661 664 665 666 667 Solid Waste Disposal Enterprise Sanitary Disposal Site Fund Preclosure Project Reserve Disposal Closure Reserve Refuse/Debris Control Enter, Disposal Site Post Closure Reserve Landfill Self-Insurance. Trust 500 610 612 615 620 Sewer Enterprise 1957 Sewer Bond Interest & Redemption Sewer Service Fund City/District Sewer Fund City/Dist Sewer Replace Special Sewer Fund (Cap Imp) 310 315 32O 6O0 6O3 Airport Enterprise Special Aviation Fund Airport Capital Improvement Airport Clear Zone Fund Airport Fund Hangar/Site Improvement Fund 22O 23O 53O Parking District Enterprise Parking. District #1 Operation & Maintenance Parking. Dist. #1 Revenue Fund Pkg. District #1 Bond Interest & Redemption 695 8O5 410 Other Enterprise Funds Golf Fund Street Lighting Fund Conference Center Fund 89 Total Funds Combining Funds FY 99-00 Attachment to Audited Financial Statement Agenda Item # A copy of the City of Ukiah Financial Statements Together with Tndependent Auditors' Reports for the Year Ended 3une 30, 2000, is available for review at the Ukiah Civic Center, 300 Seminary Avenue. can be found in the Press Packet located on the counter. Tt ITEM NO. 9c MEETING DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: DISCUSSION OF CITY IMAGE IN RELATION TO HIGHWAY 101 AND NORTH STATE LITTER REMOVAL- (VICE-MAYOR BALDWIN) Vice-Mayor Baldwin has requested a discussion at the Council level regarding litter along Highway 101 and North State Street. A letter from Vice-Mayor Baldwin is included for Council information. RECOMMENDED ACTION: Council discuss litter removal on Highway 101 and North State Street and provide direction to staff. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A Vice-Mayor Phil Baldwin Candace Horsley, City Manager N/A 1. March 27, 2001 letter from Phil Baldwin Approved: - Candace Horsley, Manager 4:Can:ASRUtter.301 March 27, 2001 Fellow Council Members, Regarding litter. Something's going on here but we "don't know what it is." Or do we? Littering of our highways has not been worse in my lifetime. Whether we believe the act of littering is that of a rebel, an idiot, or a child, the increasing amount of Highway 101 litter within our city limits and at the vital North State Street 101 exit to Ukiah radically impacts tourist image of our town, just as it affects our own psyches. I argue it is time for this Council to formally call on Caltrans to keep the Ukiah sector of the State highway free of litter or remove the free advertising signs for groups saying they sponsor litter removal as part of the "Adopt" a roadway program. The Caltrans response will determine if we need further action, possibly legislation in Sacramento, Equally depressing is the northern gateway to Ukiah, where two chain link fences on both sides of State Street trap the litter (at the bowling alley and truck stop), reminding one of the approach to Weedpatch or Tobacco Road. It is irrelevant that this is beyond our city limits. The image serves to tar and feather us. Therefore, we should consider joint City and County eminent domain action to take both small strips of land and to care for them properly. If they are already in public hands, then shame on us (and the County). ITEM NO. 9d MEETING DATE: April 4, 2001 AGENDA SUMMARY REPORT SUBJECT: ACCEPT PUBLIC UTILITY EASEMENTS FOR MINOR SUBDIVISION 00-43 AND AUTHORIZE MAYOR TO SIGN MAP SUMMARY: Minor Subdivision 00-43 was approved at the City Engineer's meeting held November 21, 2000. This Minor Subdivision divided one parcel into three parcels situated along the east side of North State Street. The resulting parcels are .42 acres, .74 acres and .77 acres in size, and are located at 955 North State Street, opposite the intersection with Magnolia Street. The applicant has a buyer for Parcel 1. The purchaser has submitted a site development permit to the City, which is currently being reviewed by the appropriate departments. The site development review process cannot be completed and a permit issued until the Parcel Map is recorded. The Parcel Map cannot be recorded until the public utility easements are accepted by the City Council and the Map signed by the Mayor. Due to a position vacancy and vacation schedules, Staff was not able to compile a complete package in order for this report to be distributed to Council in the routine manner. A complete Agenda Summary Report along with the necessary attachments will be distributed prior to the scheduled Council meeting. Applicant has pursued completion of this item in a timely and orderly manner and Staff feels it is appropriate to accept the forthcoming Agenda Summary Report, so that the item may be heard at this meeting. RECOMMENDED ACTION: Accept Public Utility Easements and Authorize Mayor to Sign Map. ALTERNATIVE COUNCIL POLICY OPTIONS: The Council may elect to direct Staff to affect additional changes to the Parcel Map and return to Council at a later date. Citizens Advised: Leo Cortina, applicant Requested by: Rick Seanor, Deputy Director of Public Works Prepared by: Diana Steele, Director of Public Works/City Engineer Coordinated with: Candace Hor~ey, City Manager APPROVED:~,(~__~-~.~_ Candace Horsley,~ity (~'''''' Manager ITEM NO. 9e MEETING DATE: April 4, 2001 AGENDA SUMMARY REPORT SUB.,1ECT: DISCUSSION AND APPROVAL FOR SHARING EXPENSES FOR FIRE CONSOLIDATION CONSULTANT SERVICES The Council has approved the creation of a subcommittee to finalize discussions on Fire consolidation services for the Ukiah Valley. The goal of the two meetings will be to discuss and address any concerns, issues, and suggestions that will be offered by the participants. It would be desirable and extremely helpful to have a neutral and trained facilitator to assist the group in reaching it's objectives. Chief Dan Grebil has forwarded to me information regarding such services from the firm of Meyers, Nave, Riback, Silver, and Wilson. They would provide the consultant/facilitator role at the meetings and the expertise needed to create a Memorandum of Understanding (MOU) in connection with the establishment of a Fire Service consolidation document. This firm, and specifically Elizabeth Silver, provided the facilitation services for the City of Tracy and surrounding District area when they consolidated several years ago. We have received high praise in her ability to mediate, facilitate, and bring consensus to the issues and concerns of any parties involved in the consolidation. During the negotiations on the MOU, the City Attorney will be representing our position, and the District will be using the services of the County Attorney. Included in the packet is an engagement letter with the Ukiah Valley Fire District Board to retain the services of Ms. Silver that will be considered by the District Board on April 11. The service agreement with Ms. Silver consists of two subcommittee meetings and drafting of the MOU. She has boilerplate language for such a document from previous agreements that will reduce the drafting time considerably. It is proposed that the expenses for the facilitation of the two meetings, for up to six hours at less then $700 per agency, be split between the City and District on an equal basis. If Council is interested in these services, staff is recommending approval of the 50/50 split of expenses contingent on the District Board's acceptance of the engagement letter. Once approved, we will immediately begin working with Ms. Silver to calendar the first subcommittee meeting. RECOMMENDED ACTION: Council discuss consultant services for Fire Service consolidation and authorize 50/50 split with Fire District for two meetings. ALTERNATIVE COUNCIL POLICY OPTIONS: Do not approve consultant services fee. Prepared by: Coordinated with: Attachment: 1. · -\ Approved ~_~~~,, Candace Horsley, Cit~ 4:Can:ASRFireCon.301 Candace Horsley, City Manager Chief Dan Grebil Engagement letter and profile of Ms. Silver Manager meyers flove ribc~clc ;ilver g wil3on Contact Us 7~tm~.__O_f_..U_se Fee .d_bQck_ Santa Rosa Group Main Office Santa Rosa Office 777 Davis Street 401 Mendocino Suite 300 Suite 100 San Leandro, CA 94577 Santa Rosa, CA 95401 ph: (510) 351.4300 fx: (510) 351.4481 ph: (707) 545.8009 fx: (707) 545.6617 Central Valley Office 5230 Claremont Ave. Stockton, CA 95207 ph' (209) 951.4080 fx: (209) 951.3009 San Francisco Office 530 Jackson Street 2nd Floor San Francisco, CA 94133 ph: (800) 464-3559 fx: (510) 351.4481 General Inquiries: Feedback Form: Click Here Attorney Profiles: http://www.meyersnave.com/comact.html 3/22/01 m e y e r s n a v e rib ck silver & wilson About the Firm Attorney Profiles Elizabeth H. Silver Shareholder emaih e hs m~_,_m_pyersn ave. com Terms Of Use Site Map Feedback Libby Silver is one of the founding shareholders of Meyers Nave. Dudng her 25 years of practicing public law, she has represented a number of cities and other public agencies in labor, personnel and retirement matters. Ms. Silver has provided advice to the firm's clients regarding the employer's duty to bargain under the Meyers-Milias-Brown Act and has defended agencies in actions brought to compel arbitration under the California Arbitration Act. She has represented a number of public agencies in headngs before civil service boards and arbitrators involving disciplina~/ appeals by employees, including suspensions and terminations. Ms. Silver recently represented a charter city in a 19-day interest arbitration after successfully litigating the scope of the arbitrable issues. She has provided advice to public employers regarding both independent retirement systems created by charter and the Public Employees Retirement System. Ms. Silver has also represented public entities in connection with different issues involving tax and revenue issues. She provides advice to our clients on Proposition 218's requirements regarding taxes, assessments and property-related fees and charges. She has prepared ballot measures for voter approval, including a 1996 measure to - grandfather - an existing maintenance assessment under Proposition 218; a 1997 measure to approve a city-wide park assessment; an excise tax for emergency medical services; and an excise tax for perk and trail maintenance. Ms. Silver often advises clients regarding issues arising under the Cortese-Knox Local Government Reorganization Act of 1985. She has represented cities in a number of large annexations. She recently successfully represented a city in negotiations with a county pursuant to Rev. & Tax. Code section 99(e) regarding the amount of property tax to be transferred to the city upon annexation. Ms. Silver has also represented cities in land use matters. She represented one city throughout the process of preparation, adoption and implementation of a specific plan for a 4000-acre area. Her representation included the successful defense of an action challenging the adequacy of the EIR under CEQA and the specific plan under the State Planning and Zoning ~ preparation of five development impact fees, including a program for credit and reimbursement for oversizing infrastructure; and http ://www. meyersnave.com/attomeys_pro file.asp?I D=Silve-7122000-161257 3/22/01 Imlq'Io~uoa~oa'oneu~aKatu'^~t/:d;;q r' - -r ................................ r' ......... ,~ ............ A graduate of Northwestern University, Ms. Silver received her J.D. degree from the University of California, Hastings College of Law in 1974. She has been a speaker at the League of California Cities - Mayors and Councilmembers Conference, the Annual Conference, the City Attorneys - Spring Conference and Continuing Education Seminar on Personnel Matters, the League's Employee Relations Institute, the Financial Management Seminar and numerous other conferences. Related Practice Areas: · Labor & Employment Law · Revenue & Taxation Articles and Opinions: · Proposition 11 - Sales Tax Sharinq A.qreements (November 1998) Back To Attorney Profiles Home J About The Firm ~ Practice Areas I Publications Recruitment I Contact Us J Site Map [ Feedback 666tO 'OUl 'UOSlU~A ,~ Jaal.~ '~oeq~ 'a~eN 'r~elq jo XiJedoJd aJe e.~ S.~l; jo siue),uro IIV u~ o-o ~a AeU~Ke-~u-'~b-~u i uelsetuaem, http ://www. meyersnave, co m/attorneys_pro file.asp?ID=S Live- 7122000-16125 7 3/22/01 UOS[I/V~ ~ .IOAllf~ ')I31~QI~l' '9Aekl '$.IO,~OlAI meyers n a v e rJback silver & wiJso professional law corporotion 777 Davis Street, Suite 300 San Leandm, California 94577 Telephone 510.351,4300 Fax 510.351.4481 www..meyersnave.com FAX TRANSMISSION COVER SHEET TO: Dan Grebll, Chief Ukiah Valley Fire District Office Phone: 70748,3-6570 FAX No: 707-462-2938 DATE: March 26, 2001 CLIENT NO: 905 FROM: Elizabeth H. Silver By: Rebecca J. Aiimorong Engagement of Legal Services NO, OF PAGES SENT (Including This Sheet): 8 HARD COPY TO FOLLOW? Yes ADDITIONAL COMMENTS: TH~' DOCUMENTS ^CCQIv~,N,ITINc.~ THI~ P~ ~~!~ ~ ~~ IN~R~ON BELONGING ~CH ~ ~RK P~ ~ ~y ~~, ~E ~O~ ~ ~ ~LY F~ THE U~e OF T~ ~S~. ~. MO~ IF ~ ~ NOT ~G ~ ~C~. Y~ ~ ~y NOTJ~D ~T ~ USE, DJSCL~U~, D~U~ Or TNI$ ~~ON 1S ~TLY PRO~ FY~ ~ ~C~ ~ ~$MISSION IN E~O~ ' ~ED~TELT N~ ~E ~ER BY ~P~E TO ~ FOR ~ ~~ OES~I~ OR ~RN IFYOU NAV~ NO? I~ AJ, A,. OF THE pA~ Pf=__P~._l~ ~Ui, LL Ma. 3~H.,4-&~i AS ~(;aON AS POSSIBLE. . , · m e y e r s I n a v e riback silver & wilson prefes:le~al I~w cerpsrillel Elizabeth 14, Silver Attorney at Law. $t0,35t.4300 Via Facsimile PERSONAL AND CONFIDENTIAL March 26, 2001 Dsn Grebil, Chief . Ukiah Valley Fire District I500 $. State Street Ukiah, CA 95482 I~E: Engagement of Legal.Services Dear Dan: Thank you for retaining Meyers, Nave, PJback, Silver & Wilson to represent the Ukiah Valley Fire District, We appreciate the opportunily to serve as your lawyers and look forward to working with you. This letter sets forth our a, greement concemiqg lhe legal se~ces we will provide and our ~ arrangements for those services. Please read this entire agreement before signing and returning it to us. 1, ,.qcope of Engagement. We will provide the legal services re. asonably required to provide advice and consultation in connection with the establishment of a Joint Powers Autllority for fire services and related maffers. Our work is limited to such services. We will also provide iegsl services for additional ma~ers that you request of us, provided we agree to perfon'n that additional work. A letter confirming such additional work shall bring such work within the scope of this agreement. 2. Fees and Personnel. As compensation for our services, our fees will be based on our current standard billing rate for the personnel performing services under this agreement at the time such services are rendered. Our standard billing rates for attorneys, paralegats and lega! assistants are attached as Attachment 1. I will be the Shareholder in charge of representing your interests, If other attorneys and/or paralegals and/or legal assistants sre assigned to work on your matter, the then current houdy rates of those individual will be utilized, This agreement retains the legal services of our law firm and not of a particular attorney.' Hourly rates are subject to re~"onable change, usually at the beginning of each year. l,~st Bcry 0~ J 777 II,vis .%eet Suite 300 · Son Lean&e, Call,fda ~4577 · 'ld~ 51e.351_43~0 · ~x 510.3'q.4481 · w~.meyar~.~e.corn S~cbon, Cdi~omlm Ea.,~ Gmbi~ March 26, 2001 Page 2 3. Disbursements and Expenses. In sddition to hourly fees, we may incur out-of-pocket expenses related to your represents§on, Cur Statement of Fee and Biling Information, which sets forth the details of our disbursement and expense policy, is affached (Attachmpnt 4, Billing and Payment Responsibilities, We will send monthly statements which are due within 30 days of receipt, if you have any questions about an invoice, please promptly telephone or write me so ti~at we may discuss these matters. Our Statement of Fee and Billing information sets forth the details of our fee and billing policy. 5. Termination of Services, You may terminate our services at any time by written notice. After receNin§ such notice, v,e will cease providing services, We will cooperate with you in the orderly transfer of all related files and records to your new counsel, We may terminate our.services at any time with your consent or for good. cause. Good cause exists if (a) an), statement is not paid within 60 days of its date; (b) you fail to meet any other obligation under this agreement and continue in that failure for 15 days after we send written notice to you; (c} you have misrepresented or failed to disclose material facts to us. refused to cooperate with us, refused to follow our advice on a material maffer, or otherwise made our reFesenta§on unreasonably difficull; or (d) any other circumstance exists in which ethical rules of the legs{ profession mandate or permit terminatien, including situations where a conflict of interest ad~e~. If we terminate our services, you agree to execute a su~titution of attorneys promptJy and otherwise cooperate in effecting thai termjn~on. Termination of our services, whether b7 you or by us, will not relieve the obliga'don tD pay for services rendered and costs incurred before our services formally ceased. 6, Insurance. During the term of this engagement, this law firm shall take out and maintain general [lability and property damage insurance in the amount of $1,000,000; professionaI errors and omissions insurance, in an ~mount of $2,000,000 per occurrence; and :$4,000°000 aggregate, which insurance may not be canceled or reduced in required limits of liability, unless et least ten days advance written notice be given to you. 7. No Guarantee of Outcome. Any comments made by us about the potential outcome of this mawr are expressions of opinion only and am not guaranl~,,s or promises about any outcome or resu~. 8. Entire Agreement; Full UnderstanciJng; Modifications in Writing, This lea, er oontains our entire agreement about our representation, Any medications o~" additions to this letter agreement must be made in writing. g, Joint Representation, Our firm maintains of counsel egreements with certain leg~ specialists. Because these individuals are deemed independent contractors under the applicable provisions of the tax Dan Gr~bO M~.'~-h 26, 2001 F~e3 laws and not employees of the firm, it is necessary that you consent D dual representation by the firm and the specialist in the event the matter which you have engaged us to handle requires the use of that specialist. This arrangement has no effect whatsoever on the cost of your legal services, rather it is an ethical requirement that we disctose this fact and that you consent. You are consenting by signing this letter, 10. Conflicts. Our firm represents many public agencies in California. Since 1986, we have represented over five hundred public clients, including numerous cities, redevelopment agencies, special districts, counties and other public entitles, and we are accepUng new engagements all the ttme. 1! is virtually inevitable that we will work on projects from other clients having different governmental or political objectives, beliefs or views from the Ukiah Valley Fire District. In view of the fact that the Ukiah Valley Fire District is a public entity, this letter confirms that the services which we are rendering to you are limited in scope and for the benefit of the Ukiah Valley Fire Distdct only. Meyers, Nave performs a variety of professional services for its clients and it is possible that we will represent public agency clients which am adverse to you on otfler matters. To avoid potential problems, you agree that you expressly waive any actual or potential c~nflicts ~at might adse from such representation, that you will not attamp~ to disqualify Meyers, Nave on such matters, and that our firm is free to represent its clients on such matters. By signing this letter and returning it to us, you acknowledge that we have discussed these matters and you confirm that the Ukiah Valley Fire District does not object to our representation of clients on matters where their legal, governmental or political obj~cUves and/or positions may be different from or adverse to those of the Ukiah Valley Fire District, and that th~ Ukiah Valley Fire District waives any conflict of interests wiih respect to our representation of such clients with differing legal, governmental or political interests. You further confirm that t~he Ukiah Valley Fire District w'~ not assert any conflict of interest concerning such representation or attempt to disqualify this firm from representing such clients notwithstanding such adversity. While you would certainly be free to terminate our relationship, you agree that this firm nonetheless would be free to represent such clients even on those matters which you consider adverse, and that you waive any conflict of interest in connection therewith. Needless to say, these acknowledgments do not permit our firm to represent another client in opposing the spec~c project for which you engage us without your specific written consent. You m~y wish. and we encourage you. to consult legal counsel regarding the effect of this conflict waiver. We would request that you review this letter carefully and, if it is consistent with your understanding of our respective responsibilities, please so indicate by returning a signed copy of this letter to me at your earliest FROM }t:'Y:RS t,:AV~, ~,T=^O',' SILVER ~ iV[LSON DDN~ B, 2s 0! ls 20/~T, ~ ~ ~ ...... ,,~,~=, ~ ," " ~ ,/~ ,o 10/~0,4860: Dan Grebil Mam~ 26, 2001 Page 4 convenience. Enclosed is an additional copy of this letter which you should rel;ain for your records. Again, we thank you for allowing us lhe opportunity to serve as your lawyers. Very truly yours, MEYERS, NAVE, RIBAOK, SILVER & WILSON Elizabeth H. Silver Shareholder c: Billing Department Enclosures: Attachments 1 and 2 Client copy of Engagement Letter These terms are accepted and agreed to as of the date of this letter. By: Title: .... ~., :AC.~., '~: .~'~ '20/87 ' q' ~8/?:0, 486010267t P 6 ATTACHMENT 1 MEYERS, NAVE, RtBACK, SILVER & WILSON RATE SHEET Sr. Shareholder $250 Shareholder $22,5 Sr. Associate $200 Associate $175 Paralegal $125 Legal Assistant $125 ~100 Law Clerk Other $ 50 Hourly rates set forth above are reviewed and amended annually in January of each year, R009(359~ ......n,,I,~ Nh, Y.mRb,,!~A~rw,,,.., ~TBACK. SILVER & YFILSO:N (¥'~ON) o ~6 0t ~..o' 2~×~u~, iq'!_, c,,.'" '~."'".~., .-=.,.,z'~60!02671. P ? MEYERS, NAVE, I~IBACK, SILVER & WILSON STATEMENT OF FEE AND BILLING INFORMATION The following is a general description of our fee and billing policies. These general poIicies may be modified by ne specific engagement letter or agreement to which this summary is attached. Professional Fees, Our fees for professional services are based on the fair value of the services rendered. To help us determine the value of our services, our attorneys and parategals maintain time records for each client and mawr. Our afforneys and paraJegal~ are assigned hourly rates which are based on years of experience, specialization, training and level of pro~ssiona'~ attainment. We adjust our rates periodically {usually at the beginning of each year) to take into account inflation and the increased experience of our professional personnel. To keep profe~ional fees at a minimum, tegal work that does not require more experienced attorneys will be performed, where feasible, by attorneys with lower biJJing rates. Of course, the quality of the work is paramount, and we do not ~cdfice quality to emnomy. Before undertaking a particular assignment, w~ will, if rv~ucst~, provide you with a fee estimate to the extent possible. Estimates am not poesible for ~me matters, however, and cannot be relied on in many ol~ers because the scope of our wok will not be clear at the outset. When a fee estimate is given, it is only an estimate; it is not a maximum or m;nimurn fee quotation. The actual fee may be more or less than the quoted estimate. Ratalner. Our normal practice is to require a retainer t~ cover a portion of the anticipa~d attorneys' fees and costs. Any retainer will be placed in the firm's trust account. At the conclusion of our services, we will return to our client any unapplied retainer, after d~ucting payment for c!~arges billed or to-be-billed for services and any remaining out-of-pocket expenses. Billing And Payment Procedures. Unlass other arrangements ara made at lhe time of the engagement, invoices will be sent monthly, Invoices for outside services exceeding $100 may be billed separately. Occasionally, however, we may defer billing for a given month or months if the accrued fees and costs do not warrant current billing or if olfier circumstances would make it appropriate to defer billing. Our inveices contain a bdef narrative description of the work performred; if requested, the initials of the attorney who performed the work will appear on the statement. The invoice will include a line item reflecting in.house administrative costs. The firm's in-house administrative costs include, but are not limited to, duplicating, facsimile charges, telephone charges, E-mail, postage, mileage and other administrative expenses. We have determined that the most effective method of accounting for these administrative costs is to cha~je a fiat 8% of l~e professional fees incurred. MEYERS, NAVE, P, tBACK, SI~,vz. & WILSON (MON) 5.26' 01 t8' 20/ST. ~' 1 o,~O,.. 4850102671. :~ 8 The firm will be reimbursed for all outside services Incurred in the course of providing legal services to our client(s). Outside services will include, but are not limited to, all third-party exp~nses, delivery charges, travel expenses, outside research services, filing fees, expert witness and expert consultant fees. To defray the firm's costs for administering these services, there will be an additional cost advance charge of 2% for all outside services of $100 or more. If you have any questions regarding an invoice, the billing manager, controller or shareholder in charge are available to answer your questions. For any unras~ved matters, the Bar Association has an arbitralJon mechanism that can be used to resoJve such matters. Late Payments. Statements for services are payable upon presentation and, in ail events, within thirty (30) days after receipt. Occasionally a client has difficulty in making timely payments. To avoid burdening those clients who pay their statements promptly with the added costs we incur as a resuI'~ of late payments, a late charge will be assessed on statements not paid within thirty (30) days. The maximum monthly late payment charge will be 1.5% per month, in the unlikely event we are required to institute tega] proceedings to collect fees and costs, the prevailing party wilt be entitled to reasonable attorneys' fees and other costs of collection.