Loading...
HomeMy WebLinkAbout2001-03-21 Packet PROCLAMATION WHEREAS, Mendocino Transit Authority iMTA), a Joint Powers Agency was formed 25 years ago on April 12, 1976 by the County of Mendocino and the four incorporated cities of Fort Bragg, Point Arena, Willits, and Ukiah; and WHEREAS, workers, school children, senior citizens, people with disabilities, and those unable to afford an automobile use public transportation to gain access to jobs, schools, medical facilities, and other fundamental services; and WHEREAS, MTA has become well established as a vital and essential part of Mendocino County's infrastructure with new service areas and ridership steadily increasing over the past 25 years; and WHEREAS, the people of California are working to reduce the risks to health and the environment that are brought on by vehicle exhaust emissions. NOW, THEREFORE, I, Phillip Ashiku, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Kathy Libby, Roy Smith, and Eric Larson do hereby proclaim Thursday, April 12, 2001 as MTA DAY and call upon all citizens to examine their personal transportation options to become more aware of and more active in advocacy efforts to promote public transit in the City of Ukiah. Phillip g. shiku, Mayor 3a ITEM NO. 4a DATE: March 21,2001 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE - MARGE GIUNTOLI, PERSONNEL ASSISTANT The City Council recently approved the new part-time position of Personnel Assistant and on February 26, 2001 the City of Ukiah hired Marge Giuntoli to fill this position. She will be providing the Personnel Department with assistance, primarily in the areas of employee recruitment and insurance benefits. Marge is familiar to many at the City of Ukiah, as she was previously employed as a Meeting Transcriber, then as Interim City Clerk. Marge is also very active on the Grace Hudson Museum Board of Directors. She brings a vast amount of experience with her and is already quite familiar with City policies and local government procedures. You will soon begin seeing Marge conducting oral interview panels and new employee orientations, among other responsibilities. We look forward to working with Marge and ask the Council to join us in welcoming her to the Personnel Department. RECOMMENDED ACTION: Council welcome Marge Giuntoli to City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager N/A Candace Horsley, Cit~ 3:PER\rnargeasr Manager MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, February 21, 2001 The Ukiah City Council met at a Regular Meeting on February 21, 2001 which had been legally noticed and posted, at 6:30 p.m. in the Civic Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken a~ Councilmembers were present: Larson, Smith, Libby, Baldwin, and present: Airport Manager Bua, Public Utility Director Barnes, Admif Burck, Community Services Director DeKnoblough, Police Adminisb Finance Director Elton, Assistant City Manager Fierro, Risk City Manager Horsley, Associate Planner Keefer, City Director/City Engineer Steele, Planning Director Stump, following Staff Captain Officer H; W< Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge of Allegi 3. INTRODUCTION OF EMPLOYEES 3a. Brian Keefer, Associate Planner Planning Director Stump introduced Brian Keefer as th Associate Planner. Brian's g! is in landscape archi' has been associated with a n~ firms specializi course design, general land ,ctural services. Brian Keefer thanked the City for ~. the City. s new n, and he planning, golf ~',,contribute to the efforts of 3. INTRODI 3b. Ann Public ~irector new ~= An; and OF EMP strative An; 'nes introduce Ann holds in as the Public Utility Department's degree in zoology from Texas A&M ~g engineering from LeTourneau University from Colorado School of Mines. Ann Burck stat~ the City she is grateful to have the opportunity to serve the citizens of Ukiah reat place to work. . 4a. Re City Clerk sentence to provide an December 20, 2000 ila recommended a change to page 4, first paragraph under 7b, second d "Mr. Dan Mason has offered to donate a portion of his services in order to fountain for the Plaza." Libby referred to page 3, second paragraph, with regard to the sentence "To date, $157,000 has been spent on the program." She had previously that staff check this figure because she came up with $87,203.65. Regular Meeting February 21,2001 Page 1 of 14 City Manager Horsley explained that staff received a printout of Customer Service Supervisor Archibald's notes that were read to Council at the December 20th meeting, and she stated that $157,000 is the total amount spent on the program. She will :he Council with information as to how this amount was calculated. Councilmember Libby continued with several recommendations for minutes while Mayor Ashiku discussed each recommendation. ns to the:~''~ Considerable discussion followed concerning Councilmember Libb~ ~ommen~ Councilmember Baldwin stated that the minutes, as extensive, and that the minutes should not be used to Council's actions. It is important that the public know member voted. are to read itical explanation for on was taken and how ea~ Councilmember Libby stated that the minute~ way they did. !y Council voted the Councilmembers Larson was of the opinion that the adequate summary of the meE December 20, 2000. H, the changes recommended by Libby. are an for making M/S Larson/Baldwin ap amended on page 4 by the City CI~ ecember 20, 2000 as Councilmember Libby stated that meetings and utes do not wanted it :ord that she accurate to ha reflect what happens at the corrections that she recommended, she isappointed that we don't want to have meeting ." Cou ~bers Smith SUml irred that the minutes are intended to be a Motion carried and M~ City Manag following roll call vote: AYES' Councilmembers Larson, Smith, !OES: Councilmember Libby. ABSENT: None. ABSTAIN. Meeting of January 17, 2001 explained that on page 5, fourth paragraph, a correction was made replacing "Orr Creek Bridge" with "Orr Street Bridge". Additionally, a made to page 9, third paragraph, last sentence, which reflects further detail el ;r Libby recommended a correction to page 9, last paragraph, second Regular Meeting February 21,2001 Page 2 of 14 sentence, to read: "She was supportive of a formula with a small base with population, road miles, and sales tax calculations to be used to allocate the STIP funds." M/S Larson/Smith approving the Regular Meeting minutes of January 17, amended, carried by the following roll call vote: AYES: Councilmembers Lars Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. AB,~ as 4. MINUTES 4c. Regular Meeting of February 7, 2001 Councilmember Larson noted a spelling error in the minutes, replaced with "Wipf". M/S Larson/Ashiku approving the Regular Meeting amended, Councilmember Smith consulted with the minutes even though he was absent from, Councilmembers are not legally required to ab,, ey with 7, 2001 as rd to his voting on the determined that on S'Uch minutes. Motion carried by the following roll call vote: AYES: Councili Baldwin, and Mayor Ashiku. None. ABSENT: None. Smith, Libby, 5. RIGHT TO APPEAL DEl Mayor Ashiku read the apl ~SS. 6. CONSENT CALENDAR Mayor Ashiku requested item 6i, Agreement BE Energy S. of 2 Mw, be the Consent Business. City er to Execute Confirmation L.P. and the City of Ukiah for the Purchase and combined with item 9a under New City r Horsle' a be added to Consent Calendar item 6e, icle is represented as presented in the bid." Mayor Ashiku that the )n that item 6d should be corrected in the Staff Report and on the is from Rainbow Agricultural Services, not Rainbow M/S 'son g items a through h and j through k of the Consent Calendar iisbursements for Month of January 2001; aim from Mary Jane Bralich and Referred to Redwood Empire Municipal Fund; Report of the Acquisition of a Trailer from Stevenson Supply and Tractor Co. I of $5,107.11; Report to Council Concerning Purchase of Gator Utility Vehicle for Parks and Regular Meeting February 21,2001 Page 3 of ]4 Golf From Rainbow Agricultural Services in the Amount of $5,291.60; e. Awarded Bid for Replacement Jet Fuel Truck to Perry Aviation Refueling in the Amount of $39,221.25, Subject to Inspection Verification That the Vehicle is Represented as Presented in the Bid; f. Awarded Bid for the Disposal of Biosolids to Total Waste Systems, Inc. for $31.00 Per Ton for a Period of Two Years; g. Awarded Bid to Adamson Industries in the Amount of 12,310.48, for Less-Than-Lethal Weapons; h. Approved US Cellular as City's Vendor for Mobile Tele All Departments; j. Awarded Bid for Annual Contract for Chlorine Products to Si~ rra the Sum of $82.00 for 150 lb. Cylinders and $365.00 fo~ ; k. Awarded Bid for Liquid Ferric Chloride to Kemiron Pa~ the Sum of $374.85 Per Dry Ton. Motion carried by the following roll call vote: AYE', Baldwin, and Mayor Ashiku. NOES: None. Larson, Smith, Libby, dN: None. 7, AUDIENCE COMMENTS ON NON-AGENDA IT No one came forward to address Council. 8. UNFINISHED BI 8a. Status Report Conce~ (APN 003-140-01) Planning Director Stump advise ~at on Council with a Status Report con~ property at 190 Rupe Street. Since 1 legally binding a contract buildings an. a copy of that the b~ March 5 the began wo~ and rem~ ext~ removed by future. 190 Rupe Street , staff provided the City project on the Golden the )erty owner has entered into a demolish both the Foster Freeze and C.E.D. There is a stipulation in the contract 15, 2001. He also reported that asbestos, staff has arranged to have the uest of Mr. William French, and authorized that the work would be completed in the near Isus of C~ receive the report. 8b. d Discussion of Alex R. Thomas Jr. Plaza Fountain Re Comm~ Mayor Ashil the fou~ pi ,ment ~rvices Director DeKnoblough advised that a subcommittee, consisting of ~mber Larson, and himself, met to review options for replacement at the Alex R. Thomas Jr. Plaza. The two types of fountains researched by interactive fountains, which would allow the public to walk through and/or in the water and small Iow profile pool type fountains similar to the type in front Center. Health issues and monitoring standards related to interactiv;9 fountains Regular Meeting February 21,2001 Page 4 of 1_4 were discussed. The more complex the system, the more maintenance will be required. It is estimated that a smaller pool type fountain would cost approximately $10,000-$20,000. Previously, Council also discussed installing something other than a fountain at th~ such as a planter area, a large tree, benches, possibly a structure, or leaving currently exists. He recommended that Council determine if a fountain or another eleme~ the Plaza, and then determine a targeted budget amount. Staff couh RFP for either the construction of a fountain or obtain costs for the Council, and present the results to Council at a su de,, built at an Discussion followed concerning the need for additional also discussion concerning the treatment of the wate~ was noted that water testing is not reqUired because and not intended for public interaction. 9r fountain and intended to be viewedii"'i!? Councilmember Libby expressed her concern w $50,000 for a fountain, considering maintenance and be installed, it would need to be constructed in a way to large tree, flowerbeds, and would be appropriate. g approximately sues. If a fountain were to She felt a Mayor Ashiku discussed tht option of planting a large potential vandalism. He was not s~ oted of fountai~ ;igns ns as well as the be built to withstand Mike Correll, 957 North Oak Street, type" and im construct. Hi small secti( hrough for the "ki, rain" )e sold, therei were v~ be replac, staff volunt~ 'ork on a that hi~ posed design would be a "kit- io discussed producing the fountain molds in .o as to lower the expense. The design g costs to the City. If this fountain He volunteered to coordinate with for the Plaza. Discussion skateboarders f~ g 911's proposal. Several ideas for deterring the fountain were discussed. gazebo rsen, 309' expressed his concern with the lack of shade in the the exi~ do not provide very much shade. He suggested a large be cted which would provide shade. He also suggesed that a would provide relief on hot summer days. 9 North Pine Street, felt shade is very important to a park. 621 Capps Lane, explained that the concern for vandalism by might be a mute point because the Skateboard Park may be built soon. He planting a large oak tree and expressed his concern for the lack of shade at the Regular Meeting February 21,2001 Page 5 of 14 Plaza. Discussion continued with regard to the types of trees currently planted at the Plaza, the need to provide additional shade trees and benches, the volunteer aspect of constr~ a fountain and cost factors associated with a small fountain. It was previous fountain's pumping apparatus could be used as an interim s( should be constructed so that people would not hurt themselves but withstand people interacting with the fountain. Costs considerations h to ;ed. Consensus of Council directed the subcommittee to continue res, simple ~~:n designs and also the option of a large tree, at a maximum amoBDt of $2~iii~, and ret~'~ Council at a later date with their findings. ' !i,,i~,~:.~,, .... '~'~",~iiiii!iiiiii!i,,~ 9c. ~-~ ~i-~e a-~ ~--~te for a City Council - Pla ission Joint Meeting t~! Discuss and Prioritize General Plan Im and to Discuss Local Land Use and Environmental City Manager Horsley explained that the Planning metbn February 14, 2001 and preferred to meet with the City Council on Th~ :h 1,2001. Planning Director Stump explain p.m. to 6:00 p.m. on March 1 2! from 4:00 Consensus of Council set of the City Council and Planning C, for a Joint Meeting . 9d. City NEW BUSINESS Set Date with that t ieting wi: Ion Th~ Fire District and City Fire Department Fire District Board met and they 8, 2001 from 4:00 p.m. to 6:00 p.m. Con: to mi Department. Coun~ :h 8, )m 4:00 p.m. to 6:00 p.m. for the City Council Board of Directors and the City of Ukiah Fire Assistan organized Rebecca ,roval of Support to Elected Officials and Land Owner~ ,evelop Russian River Consortium Fierro advised that staff attended two community meetings ~e "Friends of the Russian River" and Spearheaded by community leader The group has been donating their time for the past ten years in an effort of garbage. Staff researched and found that no one agency is the cleaning of rivers and that, without volunteer community or government most rivers fall prey to pollution. Without a comprehensive regional solution to River pollution problem, the river will continue to decline, and community save the river will be lost due to the shear magnitude of yearly contamination. He Regular Meeting February 21,2001 Page 6 of ]4 recommended Council draft letters of support to state legislators and local elected officials, appropriate landowners, and community groups to form a regional Russian River Consortium to fight against pollution of the river, and continued riparian loss. Councilmember Baldwin noted that once Riverside Park is developed, poli Park and river area will need to be established. He expressed his apprec' City is taking such an active role in the matter. Rebecca Kress, Executive Director of Russian River Unlimited, not~ profit status about one year ago. She discussed cleanup efforts al need to obtain more help. She will continue to research more p~ up of the river. he river ding for ion- City Manager Horsley noted that Ms. Kress has agencies with regard to funding, but since no gen~ has been no funding source found. Staff condu~ how they have made a successful attempt at state support. s state and for the cleanup, ....... communities to see that they obtain Ms. Kress explained that when the City looks at its plan, be included. She explained to the river. ~rs should also contribute Joseph Scribbin, 499 P( consortium concept and looking Great Russian River Cleanup this John McCowe~ (MSWMA) h to a one-ti issue in identifying a everyone to attend the Solid' Waste Management Authority However, their funding is limited other agencies that have skirted the commended Ms. Kress for her volunteer Councilm~ of land for Riw the City plans to develop approximately 35 acres Park located on East Gobbi Street. He felt the formation of a order to make the river more attractive. taken to a consortium is a good idea and hoped that once the step is the ... g to cleanup the river, an enforcement authority or educational be established to prevent deterioration of the river from continuing. Smith was of the opinion that the County should be pursuing this matter Russian River runs through the County. ,ember Libby felt the County should take a more active role in this matter. Regular Meeting February 21,2001 Page 7 of 14 M/S Smith/Larson approving letters of support to state, local elected officials, and landowners, and directing their attention for the need to form a regional Russian River Consortium to combat the continued pollution and riparian loss of the once beautiful Russian River; carried by the following roll call vote: AYES: Councilmembers , Smith, Libby, Baldwin, and Mayor Ashiku. NOES: None. ABSENT: None. None. Recessed: 8:00 p.m. Reconvened: 8:10 p.m. 9. NEW BUSINESS 9a. Report on Current Status of the Electric rossi Council Relative to Maintaining or City Manager Horsley explained that an article in th account that what has been presented to Council. with the Ukiah Daily Journal to present a newspaper articles. had a different at she would be w( subject for further Public Utility Director Barnes explained that in March rate strategy with the goal of achieving market rates as quicl this goal the Rate Stabilization Fun. payments, thus subsiding Since that time the electric unavailability of power withir appears that market rates will be early 1999. Although the City of Ui could have a significant impact on based rates of actual costs cost reducti( ~e, the City's was established to set to achieve lower has significant and Ii ies from ~e City Council approved a accomplish future debt market rates. ed. Due to the g states, it now anticipated in lY is ges are occurring that n 1999, staff forecasted cost ected to be, based on some refunding and uirement was based on $0.1266. He the City that1 s~ that :iah's energy iments, which includes the kilowatt-hours able to sell part of the energy into the market the City is doing well. The City of U [I demand this market pow eds additional capacity to meet current loading conditions of the ~. This increased demand is due to load growth within the 9d a capacity shortage position during the summer to in additional generation. We have been satisfying y al power from the spot market during these months. This ~pically could be purchased for 60 to 65 $/Mwh. The power shortage within nificantly changed the market for firm capacity, resulting in a major spot market price of on-peak power. Year ahead pricing for on-peak is in the $140 to $160 per Mwh range. M the market rate today for capacity of 2 megawatts and it is selling for $380 though we have seen high prices this winter, it is expected we will see even Regular Meeting February 21,2001 Page 8 of ]4 higher prices this summer. The Calpine package would allow the City to cover that capacity and would not have to go out on the market to buy it until beginning next summer. This contract represents a 10-year commitment for 2 Mws of capacity and energy at $65/Mwh, which we believe will be significantly below the current forecasted mark~ of $140/Mwh. The contract is a take or pay arrangement, however, both energy a~ can be sold during times they are not needed. He discussed the assumptions used for rate strategy calculations as pr Report. As the need increases, the City will need additional ca ~e Staff ers. Councilmember Baldwin inquired if we stop collecting the P~blic would it affect Mr. Barnes' projections for the future? Charge, Mr. Barnes advised that the $350,000 we are currentl charge to expenses. If we were to forecast our would be from the Public Benefits Charge. with g presents about 2.7% 5% rate reduction, City Manager Horsley explained that the Lak~ paid in the year 2018 which will allow an additional $2 Mr. Barnes discussed the compar' Utilities (IOU) rates were also floor level for rates, the increase. He further discu., of old and new cost-b Although staff beli~ as 12.88 cen P.G.& = Bonds would be Io the City. Owned .3 cents will be gets their rate He advised that the state's current looked at, assume that capacity will come on line. TI with how tI whether tht sell new ca the energ out of and ther .~ throu~ rate. All of the costs the state and new capacity will works is that there is no certainty as to they set the price caps for the state, in over the top of the price caps. He the contracts commodities, that the ons are on what is currently happening, except for the year 2005, the aspect of these long-term ng would end. Western changes into buying taking away the need for the firming power by being able to sell ans that roughly half of our Western contract will need to be dis~ of the current rate strategy that requires a cost-based rate discussed holding rates to $0.1266 until 2006. Strategy #1, which e in rates to 2007, then reduces rates 10%, was discussed. He #2, which provides a 5% reduction in rates in Fiscal Year 2002 and 13-2014. Strategy #3 provides 10% reduction in rates for Fiscal Year 2001 - lost-based rates. While Strategy #4 provides the lowest rate possible to 2004, rates. He further discussed Table 1, as provided in the Staff Report, that a comparison of the four Strategies. Possible risk factors to rate stabilization Regular Meeting February 21,2001 Page 9 of ]4 reserves were identified. Councilmember Libby made several inquiries of Director Barnes with regard to clarification of the City's electrical status. ....... Considerable discussion followed with regard to the status of the City's the proposal (Agenda item 6i) for the City to purchase 2Mw of power from Services, L.P. ~e Energy'::'~:~ Mr. Barnes noted that "capacity" is the ability to use electricity, use of that capacity over time. Discussion concerning use of months compared to winter months was had. He did not this time, but preferred Strategy #2, which provides requirements. Further discussion followed with regard to the excess $3 million, and if the City would go to Barnes that the City could achieve antici strategy, reserves, and Public Benefits Charge continue of Councilmember Larson made a with regard to seasonal be given to customers who c~ of capacity It was his opinion ti in revenue the taxpayers the It was noted by Mr. Di'§cussion of the rate strategy iideration should Mayor Ashiku and Councilmem remarks concerning conservation, al conservation efforts Citywide. Smith shoul Councilmember Larson's a strategy and promote City informatio 9rs been working with Mr. Barnes on conservation. FI rat~ average electric bill and P.G.&E.'s current M/S Ashiku receive the Evaluation of the Electric Utility Strategy for the City of nd directin';Strategy#2; carried by the following roll call vote: ,ncilmembiSmith, Libby, and Mayor Ashiku. NOES: Councilmember No~ None. 6i. Auth~ Cai M/S Smith Call: the City Manager to Execute Confirmation Agreement Between es, L.P. and the City of Ukiah for the Purchase of 2 Mw; dwin authorizing the City Manager to Execute the Agreement Confirmation Service, L. P. for the Purchase of 2 Mws. h; ;r Libby was of the opinion that the purchase of additional power would not affect on the City this summer, that it would be an additional expenditure, and Regular Meeting February 21,2001 Page 10 of !4 that the City is making a decision based on assumptions that could change. Councilmember Larson noted that a couple years ago, the City made a decision based on assumptions, and it turned out to be a good decision. Public Utilities Director Barnes advised that staff will provide Council with analysis and will make recommendations. Councilmember Baldwin expressed the idea of setting aside fund. utilities on Perkins and State Streets rather than reducing :es at th Councilmember Larson was of the opinion that the R; designed for undergrounding utilities. Motion carried by the following roll call vote: AY Baldwin, and Mayor Ashiku. NOES: Councilm~ None. Fund is n~ NT: None. ABSTAIN: 9. NEW BUSINESS 9b. Adoption of Resolution Authorizing 2000-01 Community Based, Non-P Risk Manager/Budget Officer entities applied (requests round of grant funding to were reviewed by a committee com with recommendations to fund a consensus recommendation for fundi t Funding For ~'s solicitation, 15 2000-01 second These applications and four staff members rams. The Committee's Staff Report. M/S Baldwi Round of$10~ Lil authorizing 2000-01 Second Organizations, for the total amount :AYES: Councilmembers Larson, Smith, ABSENT: None. ABSTAIN: None. 9. NEW 9f. Al~_13rova Coun~ Grand of Agreement with Mendocino County for Juror Parkin9 er to Execute Agreement DeKnoblough advised that in February of 1999, the City lent with Mendocino County to provide parking for jurors and ied agreement extends the fee of $.50 per day per juror which to in an annual revenue to the Parking District of $3,187.13 for daily jurors rand jury parking. All other terms and conditions remain consistent with ;nt. approving renewal of juror parking agreement with Mendocino County irizing the City Manager to execute agreement. Regular Meeting February 21,2001 Page 11 of 14 Discussion followed with regard to the use of juror parking and it was noted that County employee parking is more transient due to the number of satellite County offices. 10:00 p.m.: Mayor Ashiku left meeting and Vice-Mayor Baldwin presided o ~he Motion carried by the following roll call vote: AYES: Councilmembers Ear 'nith, an'~i!ii!i!!~? Libby. NOES: None. ABSENT: Mayor Ashiku. ABSTAIN' Vi~ 9. NEW BUSINESS 9g. Pledge of Cooperation for Mendocino Council of Grant Application and Authorization of 10:02 p.m.: Mayor Ashiku returned to the meeting. Councilmember Larson referred to the letter (MCOG), which was included in the Council P; the Lake County/City Area Planning Council, experiment in interregional long range planning. compared to residences, and how people travel back many areas. The proposed study would identify some of generate information to better en;us to make our trans job development issues a more d effort in the future. ,G, in conjunction with us and far-reaching ~he~'jobs are located as are a growing concern in ~d how we can housing and M/S Smith/Larson to pled, Study Grant Application and Autho for Council 9rnments Planning Councilmember Baldwin was of government enti power over current prob did not see n that may not address giving market forces that are causing a lot of the help, he will cast a "no" vote. Motion by the fol and ;hiku. Recessed' 1' Reconvened: ~.m. roll call Councilmembers Larson, Smith, Libby, ABSENT: None. ABSTAIN' None. 11.CITY Councilmei Employers dinner. Council~ left the meeting due to illness. IRTS Larson reported that he attended a reception of the Mendocino ncil reception. He also attended the City of Ukiah Employees Credit Union Smith reported that he also attended the Mendocino Employers Council Earlier in the month he attended a luncheon when Senator Wes Chesbro was in and he thanked him, on behalf of the City's interest. Regular Meeting February 21,2001 Page 12 of 14 He attended a meeting of the Redwood Empire Division of the League of California Cities in which the City of Ukiah was the host. He missed the MTA Board Meeting this month because he was in Washington, D.C. attending the legislative rally of NCPA. He.~ned more about electricity. He reported that the Main Street Board would .:~l~iil~ii[. Appreciation Dinner on March 15, 2001 ..... ~,~::ii,,ii~,ii iiiiiii!? ........... ~:~:::::~!',iiiiii~ :~ i~:,ii,~i,,:~. Councilmember Libby reported that she attended the Sun House G~ and they provided a walk through of the new addition to the completed by the beginning of May 2001. They will have their which will include a dinner and auction. They are hoping to rai= the the total goal of their fund raising campaign. o0o to be The Community Recreation Center had a Finance strategy for fundraising. On February 24, Strom-Martin concerning funds available througt Deborah Mead who will have a six-month cz g and discussed:~,:::~,:,i?:,~,,:,,:?: with Assemblywome~:~ i? Executive Director is n Board, · She attended a workshop and strategy planning session of Commerce. Prior to the workshop, the Chamber had sen survey to members asking their ' improve working methods. The they will be addressing tho workshop. One item that Chamber more involved in local ment or issues as they arise, and to be res is looking at putting a policy possible state ~1 issues as w~ to the Cham survey various o the Ch; is research ~ut on existing programs, the survey were subcommitte( isiness 9-11 for the Chamber and ways to workshop and formed from the is to have the businesses, to deal with ihan re~ One of the subcommittees whi address local issues, and suggested that if a draft agenda were sent obtain their response. She discussed M with later date. attende legislative rally of NCPA in Washington, D.C a more detailed written report to Council at a at B~ MANA~ er Horsl ;es meetin ,ERK REPORTS that the Redwood Empire Division of the League of very well attended. The next meeting will be held in April 21 :hat currently Police Detective McCutcheon is on the Hate Crimes d businessman Jim Mulheren is on the Hunger Taskforce. She inquired of would like to have a Councilmember represent the City on these M Ashiku preferred to have Detective McCutchen continue to represent the City's Regular Meeting February 21,2001 Page 13 of ]4 interest on the Hate Crimes Commission. There was a brief discussion concerning the Hunger Taskforce and it was decided that the City Manager would provide information to Council with regard to meeting dates..~,~,,~iiiii',iii~i!~:,~,, ..... City Manager Horsley explained that Habitat for Humanity has Councilmember attend their forum on March 1 and March 2, 2001 Discussion revealed that Council would not be able to attend on Man meeting commitment and no one volunteered to attend the forum The Main Street Program would have their Appreciation Dinner Conference Center. It was noted that Councilmembers Lar~i~mith, City Clerk Ulvila reminded Council to recycle larger envelopes to save on costs. She reporte, February 23 through February 28,2001, She reported that last month she attended Clerks Association in Windsor and was accom Executive Assistant Yoast. Assemblywoman Virginia Strom- however, due to the energy crisis: group regarding energy issues informative. .~:,~.~ Adjourned to sit as the ,: 10:2'~iii~m.~:'~'~''~''~ Bragg':i':':: prior ........... yor Ashi'~ wit~,:?!:iber office, especially th~::.: out of the office from Washington, D.C. Division of the City ity Manager Horsley and ;dule to speak, spoke to the Reconvened and Adjourned to 13. CLOSED a.G.C, otiator No b. G.C. Antici 14. AD, There bein, with Leqal Counsel- 1 Matter Street, A.P. No. 002-091-26 further business, the City Council meeting was adjourned at 11:50 p.m. Clerk Regular Meeting February 21,2001 Page 14 of ]4 MINUTES OF THE UKIAH CITY COUNCIL AND PLANNING COMMISSION Special Meeting Thursday, March 1, 2001 6b The Ukiah City Council and Planning Commission met at a Special Meeting o! 2001, the notice for which had been legally noticed and posted, at 4:05 Valley Conference Center, 200 South School Street, Ukiah, California. the following Councilmembers were present: Larson, Smith, Libby, Ashiku. Planning Commissioners present: Puser, Mulheren, Chairman Correll. Staff present: City Manager Horsley, Associate Attorney Rapport, Planning Director Stump, and City Clerk U.!~i~!a. 2. AUDIENCE COMMENTS ON NON-AGENDA IT No one came forward to address the City Council or t 3. NEW BUSINESS 3a. Review of General Plan Vision St~ Planning Director Stump explained some of .~ pro working on to implement the General Plan and to fulfill th~ identified in the Staff Report are not listed in order of priority the Council and Commission with r. to g this list, they prefer staff to work on. A followed. and Mayor and ning ::~COmmission. City's Planning Staff is )n Statement. The projects is ting input from other projects ,'urrent General Plan 3n projects 1. Doolin Creek Habitat Enham Mr. Stump advised that this is the th the Study will become the Ukiah being complete, process will were app Coul nora mandates. ,k studies. When combined, uest for Proposal (RFP)is .~rtise for this Study. The consultant selection in March or April. Funds for the Study Council. that the words "shall" or "will" are almost of the opinion that a plan should have more that the General Plan is law, and that zoning decisions mu~ Plan or they are invalid under the Government Code. The m~ of th ~eral Plan is to establish the land use policies for the City. He explained le words such as "shall" depends on the goal of the City Council. It was his that there is a tendency to build flexibility in the General Plan in order to allow the d~ makers some flexibility in making specific decision. Otherwise, they would be he~i~o complete the projects, as stipulated, and there would be no allowance for '?:iii:'iiiiiiiiii~justme9~iiii~uch as budget restraints. ~"i~~;i~ continued with regard to wording of the General Plan and implementing Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 1 of 9 projects. The General Plan currently is being used as a guideline to enhance development permits. 2. Commercial Development Design Guidelines Mr. Stump explained that the Planning Commission has conducted a worksh Administrative Draft of the document has been completed. The Draft Guid scheduled for public review and Planning Commission considered in Mar forwarded to the City Council for adoption. He advised that the Guide staff in working with developers. He explained that existing area have been incorporated into the Design Guidelines. , then assist There was discussion regarding site development permit~ helpful to developers and staff. It was noted that flexi[ a project. Establishing aesthetic standards were discussion of the establishment of the downtown cooperatively with the property owners. It architectural review board that addresses thes, approved, it will be the responsibility of the Planhing enforced. There was discussion of the City having issues related to the deterioration of structures and public Review Board that previously applications for downtown area was discussed. to allow creativity to ~scus~ . There was also.~:~: uidelin,es and the need to wor~::. that s~ ties have an the Guidelines are n tO:ensure that they are 'ith regard to maintenance ~sues. City's Design s in the Planning Commissioner Commission and recent discussiom Area Plan. The County's Planning She discussed the County addre~ contiguous area; ~ork wit~!~!~i~??the County Planning for the Ukiah Valley reviewing the City's model. to State Street and 3. Hillsi~ Mr. St; Out con( this project expressed an need for assistance in developing build- Planning Commission Workshop will be Staff is in the process of determining the cost of project. It was noted that Council also has ~n moving forward with this project, and a budget amendment may £inued to discuss the work that needs to be completed by a as to the build-out capability of that area. Col divisions questioned if the City should place a moratorium on land rading on the hillside until a new Hillside Zoning Ordinance is approved. lwed and it was advised by the City Attorney that the matter would need to consideration. ~d the Nix project currently under construction on the hillside. There is on file from another property owner to subdivide a 40-acre parcel into Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 2 of 9 five lots for five building sites. He further discussed details of that project and noted that staff is currently conducting an environmental review. Councilmember Baldwin noted that if it is going to take the City over a year to Hillside Zoning Regulations, perhaps the City should consider agendizing the potential moratorium on land divisions and development permits. Ihe Discussion followed with regard to whether it would be prudent to pla~ development on the western hills. It was noted by staff that at the p~ not been an abundance of interest by contractors for development the current subdivision project moves forward, it was staff's lcern door for future interest due to infrastructure im the roadway. Further discussion followed with regard to z( hillside area. · .......... Planning Commissioner Chairman Correll important because it will provide the Planning to make recommendations and determine what type placed on development of the hillsides. stud' 'um on has ==if Property in the ~e hillside area is very with the tools mebhanisms need to be City Attorney explained the GovE ment Code section con( an emergency moratorium coul( ;d. in which Mayor Ashiku noted the established, existing zoning, and housing development on the hill., Council meeting. Id-out s, and devel the types of guidelines allow for a significant be agendized for a City Mr. Stump the General Report a order and noted might by lementation projects listed in the Staff is also working on other projects. He projects, depending on the extent of the Councilm~ (CDF) plan to bL He also in( express, ::Concern for the California Department of Forestry's roads to develop a shade break and to re-grade existing fire break City has any control with regard to lighting fixtures on the Mr. St~ Planning C~ being used he would research the City Code on this matter. .~r Pruden inquired if staff could also look into dirt bikes and guns mornings in the same area. with regard to placing the matter of a moratorium on an agenda and of constraints with development on the hillside. Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 3 of P 4. Riverside Park Planning and Development Planning Director Stump advised that the City has submitted the Phase 1 Work Program to the Coastal Conservancy. The City's new Associate Planner developed ~lor rendering of the fencing, landscaping, and bank stabilization work for th Conservancy's review. Once the Conservancy approves the Work packages will go out and the work would be performed this spring/summe although staff's time towards this project will be substantial, they assistance from the Community Services Department. City Manager Horsley discuss the City's use of consultants to on project work and that they can provide a high level of Mr. Stump explained that in his discussions with th, urged him to develop a Phase 2 Work Program, a discussion. Once that is in place, the City will funding from the Conservancy. great~iiii~ent espeCi~i!~i: CS::~:Servancy, they b[i~ this before Council good P:~.i~n to obtain additiona Councilmember Baldwin expressed concern with Cerside Park when it opens to the public. In consideration of potential vandalism, he lended ~e Park remain closed until it can be properly polk d. :~::~:~i:,ii~iii ii i iiiiii?¢iii?~!iiiiiii iiiii? Mr. Stump explained that th, retaker for the Be~!?'He speculated that if Phase 2 were developed ;ussion 'Id need to take place with regard to a caretaker. Planning Commissioner Pruden host system th. to liw recommend~ at a plan stat~ 3nal Vehicle (RV) while taking care of a campground. She ~ot cost any money, other than utilities. Planni, ssion ' Correll of outlay t, Riversi~ h~ concern with the public's perception He recommended that this project should Councilmeml for City's Idwin inquired if there is a plan for taking over the complete ity and the baseball fields. He felt Riverside Park should he is the parent of a child who used to attend the BMX Bowl there has been a very dedicated group of Ukiah residents that have facility for over a decade. He has seen much improvement to the facility noted its popularity among young people. They would welcome help to er Horsley explained if there is a concern about appearance, staff could form Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 4 of P guidelines for what would be acceptable to maintain the aesthetics of the park. The City would also need to identify funding for maintenance. 5. Sphere of Influence Reduction Planning Director Stump advised that the General Plan directs the City to current Sphere of Influence. Staff is in the process of preparing a Master and California Environmental Quality Act (CEQA) document required by Agency Formation Commission (LAFCO) for submittal with the Sphere of uction application. A Master Services Element has never been complet~ project is scheduled for this year and is a high priority among staff. topic be agendized for discussion with the City Council once the Maste~'::~'8~ices Ele~t is prepared. He briefly discussed issues related to anne ~i ??,::,:.:: '~'~:~i?:~ii!ii ':'::~'~:!':~':: ..... There was a brief discussion of this matter and there i con~ ;~sus that the project,,,:i;'~; needs to be pursued as a high priority. It was note~ Master Services Element witi include an inventory of public services and ut well as current and projected capabilities over five year intervals, regarding property located within the Sphere of Influence being eligible o the City. City Manager Horsley referred to the Hurshberg Bill with Master Services Element is requir, by that bill. and that the Mr. Stump explained that h Elements that LAFCO has complete it in-house. Master Services )n that the City could 6. Historic Preservation Pr~ Planning Update has Preservati fiscal consJ is anticip~ later thi= ~p explained Staff is ihare in awc that the proj Draft Historical and Architectural Survey ,n alternative approaches to a Historic the Planning Commission during this be agendized for the City Council's 7. Bic' M~ Staff is · State to plans to d '~:ii~:;~,~,.~ Street. He !quire el 'ng on pe~ Plan I~ /ation: Mendocino County Air Quality 'MCAQMD) Grant 4sed that this week staff submitted a Work Program for the to obtain $40,000 in funding that was granted to the City. improvements to the downtown and on the western link of ..... g Gobbi Street, with bike lanes on both sides of the street. He pedestrian treatments in the downtown with the Planning Commission and additional information that the Commission requested concerning Gobbi Gobbi Street and noted that with striping for a bike lane, it would of parking on one side of the street. MTA representative on the Traffic Engineering Committee, advised that the Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 5 of 9 Traffic Engineering Committee has been discussing becoming involved in bike/pedestrian projects as a form of circulation in the City. He encouraged the City to hire consultants to assist with this work. He explained that there is a significant amount of local money available for bike and pedestrian projects through the Surface Transportation Impro ent Plan (STIR), which has about $500,000 in the County to spend. These funds used to improve the American with Disabilities Act (ADA) requirements for si ~:iks. further advised that the Local Transportation Fund (LTF) has funds avail year. Planning Commissioner Puser explained that the Bike City Council in March with a proposal to fund a consultant, not other funds. She explained there are two funding rounds, Mendocino Council of Governments (MCOG). She note completed for a two-year period. The Plan includes bike series of classes that have been defined by the state, have been chosen. A consultant would be needc funds, a Plan is required. The second step funds. There is current funding available at funds. She noted that the grant application ta~s tirr does not have the time to be involved in grant writing. some grant proposals and that a consultant would be abh 9e to the 31, has bec improvements, a as a:~number of routes that order to be eligible written to request the as well as MCOG ley to complete and staff iscussed the complexity of their=expertise. There was further discussion pedestrian walkways was augmentation funds, and funds. g for paving previously received with the use of STIP Councilmember Libby explained th; were installed bl paths, as well as ADA ramps use of MCOG funds. 8. Orcha Pro~ Planl for cc to be resolve He anticipated ough the con have pre the pu lring e Environmental Impact Report Final EI R has been prepared and is waiting to the construction of the bridge that need EIR and approving the final design of the bridge. would be moving forward to resolve those issues. The EIR has process and the draft was commented on heavily. The to those comments. It is now ready to go through the City Council. Mayor as concern~ Counsel that the City is close to resolving issues identified in the EIR as well City and County agencies. The City Attorney is working with County matter. with regard o the project. Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 6 of 9 9. Housing Element Update: Data Collection and Research Planning Director Stump advised that the City is due to update its Housing Element in approximately two years. A Housing Element Status Report was prepared in 1998. Staff is collecting information about the City's current housing market. He ';ed considerations of infill, mixed-use development, and other creative approaches. the project would be completed in-house, however, if a consultant is neede~ very involved in the project. Staff will develop a strategy to share with Commission before a consultant is hired or if staff plans to do the uncil ant Considerable discussion followed concerning the project and how housing problem as a regional problem rather than a City probl~m. be given to how the Commission and Council want to chan, changing densities. It was noted by staff that a order to qualify for continued Community Developme Mr. Stump advised that staff applied for a Downk Gr~ the City ement is required in (CDBG) funding. ing Grant in February. Planning Commissioner Pruden felt it is im whether government should or should not build housin~ problems. de~i~ with the issues of ,re is a need to identify the Mr. Stump explained that the discussions and noted it is a Councilmember Baldwin was of water will increasingly be an issue. certified housing element. Considt Assessment of tce land used in the ay. Consi~ 10 to 30 the He discu= regard Mr, housing Development Di He advi~ not bec fiews the for that grant ram. of round table between housing and have not obtained a to a height limit for housing. should be made to ensure that the land is ,uld also be made for "land banking" for versus home ownership projects with lies in California do not have certified due t¢ inability to tell the state Housing and Community (HCD) that they will be able to meet their regional fare share of of the items in the short-term planning period (first five belong within that short-term category. The Planning listed in the Staff Report as having the highest priority. City Horsley explained that she has met with every City department and of the General Plan, thereby obtaining a status report of projects. the status report updated for Council if desired. She noted that many Plan are not Planning Department issues. Commissioner Puser recommended that energy and conservation be included Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 7 of 9 on the list and made a high priority so that when there is new development, the electric rates do not increase. She will provide staff with information concerning a Smart Growth Conference, green building construction guidelines that are in use by the City of Santa Monica, and other information. ........... Mayor Ashiku explained that the City's utility rates depend on the tyl development and their peaked use of resources, or capacity, that influenc customers pay. He discussed the concept of the City purchasing energy consumption. He also discussed conservation and the development. He briefly discussed the benefit of the produce long-term benefits. He preferred that this issue be in,or Department into all aspects of the planning and developm~ Planning Commission Chairman Correll was of the services should also be included in the all-enco~ infrastructure. rices that=~=~ of that W~ter, sewer, and pow~r,,:. ~ development of the City~ City Manager Horsley advised that staff will present a meeting on the status of the City's wastewater treatm~ needs within the next two to five years. A status report of th, to Council at their last meeting. the near future. Planning Commissioner should be considered. He felt a vital issue that touches on many priority for the list. )uncil at their next and its capacity, as well as presented services in that th~!iiiiii~i~nsportation element because it is such a ,. He considers this a high City Manag, arc (. railr( It is the City located near sources. MTA ~lained that ir efforts with of the City, Sho kiah and Mendocino Transit Authority developers for a transit center at the ind NCRA to pursue this project. MTA is currently working on a transit center that will include Greyhound, MTA, and other to negotiate with other transporters to the Santa Rosa and Bay PI however, followed cci Planning felt it important that the projects on the list be completed, noted some of the projects are very long-term projects. Discussion 'ning the list of projects. mission Chairman Correll stressed the importance of improving City and discussed the County's organizational structure and that they are working Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 8 of P very closely with the City Manager and there has been an improvement with the relationship. 3b. Consideration of General Plan Implementation Projects and Approval Priority List 3c. Discussion of Land Use and Environmental Planning Issues in Uki~ King Collins, Ukiah resident for about 20 years, expressed his interest in is employed at Mendocino College as a graphics designer and regarding the definition of design. He will provide a video rel~ design means and the video demonstrates that there are practical approach this issue. Dottie Copeland, Ukiah, stated that she hoped the land in the City. to infill all vacant Paul Andersen, 309 Jones Street, stated that al the City should attempt to project 20 years into a lot of potential and did not feel the community there are many ways in which to build and the City see what other communities have done. important and that kiah community has out'~=§tage. He noted that k at other alternatives and Councilmember Baldwin nott ordinance regarding the use in neighborhood/commerc~ commercial development on the undergrounding utilities on Perkins ~ity to ask Council so expressed be con~ adopting an with signage a priority above consideration of Planning r Puser re with the City major tree be plante( the n~ years. Co~ State the will have assi,, Ih Mendocino County Releaf has been working approved for 500 new trees that will the existing trees that are planted on ~n forest. She thanked the City for its .~nance and watering of the trees. Planning for new and Chairman ]ned projects. ell stated that the Planning Commission is hungry of the p staff. s of the list prese~ and the Planning Commission was to leave the priority the Staff Report to the discretion of the Planning Department 4. ADJOU There bein~ further business, the City Council meeting was adjourned at 6:10 p.m. City Clerk Special Meeting Ukiah City Council and Planning Commission March 1,2001 Page 9 of 9 ITEM NO.: 8a DATE: March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF FEBRUARY 2001 Payments made during the month of February, 2001, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 29545-29624, 29739-29862, 29864-29960, 30078-30163 Accounts Payable Manual check numbers: None Payroll check numbers: 29625-29738, 29863, 29961-30077 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of February, 2001. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements AP p ROVE D: [ ~.~... ~~~.~,...... ~h-'~ac~ H~rsley, ~ity~anager KRS:W ORD/AGENDAFEB01 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF FEBRUARY 2001 Demand Payments approved: Check No. 29545-29624, 29739-29862, 29864-29960, 30078-30163 FUNDS: 100 General Fund $135,698.71 131 Equipment Reserve Fund 142 National Science Foundation 143 N.E.H.1. Museum Grant $1,042.25 150 Civic Center Fund 200 Asset Seizure Fund 204 Federal Asset Seizure Grants 205 Sup Law Enforce Srv. Fd (SLESF) $1,845.50 206 Community Oriented Policing $408.41 207 Local Law Enforce. BIk Grant $1,624.80 220 Parking Dist. #10per & Maint $1,056.50 230 Parking Dist. #1 Revenue Fund 250 Special Revenue Fund 260 Downtown Business Improvement 310 Special Aviation Fund 332 Federal Emerg. Shelter Grant _$8,595.35 333 Comm. Development Block Grant $7,570.54 335 Community Dev. Comm. Fund $30,000.00 410 Conference Center Fund $8,999.58 550 Lake Mendocino Bond 555 Lake Mendocino Bond Reserve 575 Garage $1,638.09 600 Airport $37,149.09 612 City/District Sewer $49,367.53 615 City/District Sewer Replace 650 Spec San Dist Fund (Cap Imp) 652 REDIP Sewer Enterprise Fund 660 Sanitary Disposal Site Fund 665 Refuse/Debris Control 675 Contracted Dispatch Services 678 Public Safety Dispatch 679 MESA (Mendo Emerg Srv Auth) 695 Golf 696 Warehouse/Stores 697 Billing Enterprise Fund 698 Fixed Asset Fund 800 Electric 801 Electric Revenue Fund 805 Street Lighting Fund 806 Public Benefits Charges 820 Water 900 Special Deposit Trust 910 Worker's Comp. Fund 920 Liability Fund 940 Payroll Posting Fund 950 General Service (Accts Recv) 960 Community Redev. Agency 962 Redevelopment Housing Fund 965 Redevelopment Cap Imprv. Fund 966 Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 29625-29738 DIRECT DEPOSIT NUMBERS 9652-9748 PAYROLL PERIOD 1/21/01-2/3/01 PAYROLL CHECK NUMBERS 29863, 29961-30077 DIRECT DEPOSIT NUMBERS 9749-9847 PAYROLL PERIOD 2/4/01-2/17/01 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS $118,616.12 $1,197.57 $642.59 $7,421.36 $5,668.58 $290.84 $3,039.42 $68,959.14 $969,661.65 $18,173.02 .... $50,064.41 $2,051 .~7§- $2,362.00 $135,063.86 $1,202.42 $17,121.38 $4,943.20 $3,336.66 $1,694,812.30 $68,377.11 $165,715.16 $227,907.51 $2,156,812.08 VOID CHECK NUMBERS: None CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. City Manager Director of Finance MEMORANDUM Date: To~ From' RE: February 23, 2001 City Council Members Gordon Elton, Finance Director Disbursement Description - Abandoned Property Stat The attached Agenda Item (Schedule of Bills) includes disbursements with a description "Abandoned Property-State". These entries are to cancel (void) outstanding checks that are "stale dated". Stale dated checks are all checks that have not been presented for payment by the bank within 90 days from date of issue. We attempt to contact the recipients of stale dated checks. Those we were able to reach were issued replacement checks. Those recipients we were unable to reach, were not issued replacement checks. California Government Code Sections 50050-55056 provide direction on the handling of unclaimed money. Basically, unclaimed money is held for three (3) years. At the end of this period, an advertisement is placed in the newspaper informing the public what unclaimed property is being held. If no claim is received for the money after this notice, the money reverts back to the City. A trust account was established in the general ledger to record the amounts designed as unclaimed property. The Accounts Payable Specialist will maintain a control sheet of the detail which equals the balance in the general ledger account. Z~ OO u~ 0 0 ~ ~ m~.D ~H ~ '~ ~0 o~ ~ ~ ~ O~ ~ .0~ H~ ~ oD~ZZ ~mZ U~D ~ ~00 O~ rj · it'} Z o ~o~g~o o o o o oooo oooo oooo oooo oooo o OOOOOO OOOOOO OOOOOO O O O O O O o~ oh mn:: o 0 ~ o Z · ~ m o 0 ° r~Z H0~ ZH0 o~0~ o o o o o o o ~ o~ ~~0~0 0 HHHH~HO Z~ Oo 0 > ~ 0 0 ~ O~ ~0 0 ~ ~ ~0 O~ O~ O~H H~O~ O~ r~r~ 0~: rj . <2> Z 0 ~ 0 0 ~ g o o HMO OO r,J~ Z 0 > mr..) OU m~ r.~ O0 r~ on., Z~ ~0 0 0 o~ u · ko 0 0 · 0 0 0 ~ 000 ~ ~0 gOO 000 ~° mZZZ~ZZm I Z~ OO Z 0 ~o o0~ u ~ooooo o o O~ o~ >o m o ~ o ~ °gooo~goo 000000000 000000 ZZ oo ZZ CO CO o o o 0 0 ~ · g° I.-4 mm:> §~oo~~oo~ 000000000 ......... ~oo~ooo 0........ ~~ 0 ~~000~00 0000~~ 0o~gE©o 000000 ~°°~° ~o~o~ 00~0~0 0 u o ~ z o~o E~:O OO O~ Z o > ZZZ OD:~ OH 0 o~ 0000000000 ~J ~0 n~O 0 0 ~ Z~ ©Z © 0 0 ~ , 000 O0 000 O0 000 O0 0000000 ~ · 0 ~ CO ~ O0 O0 000 O0 O0 O0 000000000000000000000000 ..... .... ............... 00000000000000000000000~ ~o ~°° oo ~o~ ~~~~~o · .............. ....... .. o o oo · . . . . . . o ~°° 0 O~ 0 UO000000 0000000 ~o o 000 O0 O0 0 00000000000000 00000000000000 O0 000 .......... o~~ ooZE~ o~ ~00~0~0 .......... °~°° ~ oo~° oo~ o o o o o o · . o o · . o · . o o ~0 o ~ggo~ggoogoog~ 0 O0 O0 O0 00000000000000 .............. o:~oo~:oo~o~o .............. o~J~~~o oo o .............. oo oo oo ~z ~o m 0 ZH Z~ oo oo o ~000000000 000000000~ ~ 0 r~ OZ HO 0 I.--t o,,~ u t> o ooo o o o o o o oo~~o 0000000 0 0 ,--I o o o ,-t o o L~ · 0 0 o~ m> ~° o · . . ooo ... ~o · o o o o 0 HUUO ~Z ~oo~oo 0000000 0000000 · · . · · . . o~o~o 0 ~0 ....... ZZ~ZZZ 0000000 Z~ OO Z 0 0 0 Z Z~ Z~ ~o Z~ H ~ ~0 o OE~ 0 HHHHHHH ~ZZzZZ~ ~oo0oo0o o~ > LD O0 0 000 000000000 00 00 og O0 O0 00000000000 · . ..... .... ........... O0 00000000 0....... oo~ oo~ 0 ~0~ 0o~~0 ~-~ i ~0 oo o 000 O00 · · 0 0 0 000000000 00~000000 00~ ~ mm~ m 0 0 0 · Cq °~ · 0 0 0 Z~ Oo ~J~ Z o ::EH O~ ZQ HHHHHHHHHHH ~ZZ~ZZZ~ZZZZ DO0000000000 ooo ~000000000 o E-, 0 r,J Z rn Z~ ~0 ~ c~ c~ o o o c o~ o~ o~ c~ CD ~0 r~ r~ o 0 0 0 Oo 0 >> Z~ D~ OO OD 0~ ~> u 0~ Ho ~H o ~~oooo~oo m m ~: °§~°° 0000 o 0 o~0 o ~Ho o mm:> 000000000000 ~°° ~~oo oo oo~~~ O0 O0 ~oo~oo~~ ~ oo O00000000000ffi ~ O0 O0 O0 o~o 0 0 u E~ Oo ~:o ~ 0 ~o~ o~ o o u o >rD 0~0 ~ H 0 H ~..~ Ln O~ r.~ o o 0 0 o Z · ~ o 0 c~ · o ~°° mOmmmO 0 >mmmm> 1~4 i 0 r~r~Z o oo °© o o o o o o o · . . o o ('%1 o oo ~ oo c~ o Z~ Oo Z 0 Z~ ~mmmmm d 0 E~ ~m O~ O~ U U ~ H U 0 ~:m O~ 0 ~ Z E~ rj ;> , 0'3 o 0 o o ~o 2:, rJ , · i Z o ~ · 0 c~ o o o · ~D i  o o 0 0 0000000 o ~ o~oo~ ~ U ~ . ~o o~ >~ E~c~ Z~ Oo 0 o~ o~ u~ © %H ~ooooooo H~ Z 0 ~0 ~ O~ O0 ~ ~ ~ ~Z ~ ~ ZH ~ ~000 0 o o · o o · o o ,-4 ~0 Z ~o0 OO 0 Om U H ~0 H ~ ~H ~ Z o ~ ~ 0 ©© 0000 0000 0 0 ~ ~ o oo~o O0 0 0000 .... 00~ .... o~ mm~O HH~O 0 0 000000000000000000000 00 00 L~ ix) 0 0 o oo oo oo oo oo ooooooooooooooooooooo o~o~ oo o °~°~§°°~°~~2~°° 0 0 O0 ~ ~ 000000000000000000000 oo~oo~o oo~oo~o 0000000~ Z~ Oo ~:o 0 ,ct,.] H Z HO00000000000000000000 oo~~~ , 0 ~00000000 o~ (j · ~0 0 > ,-~ ,.~ 00 00 [,.. [-,. i.n o (,wi o ~0 mZ og OOOOO O OOO OOOOOO o~o~ O ~ HHH H H HHHHHO O0 oo~ o ~ ~ OOO OO O oo~ oo ~ 00~ 0 O0 ~ ~ o~o ~ ~ o o ~ ~ o mmm oooffi OO u n~ o ~° O ,mi d · m HHHHH u o o~ ~o 0~ O~ H ~ o H O u ODDDDD UUUU~ 02: H~O 0~ o ~ HO0 o~ o Z z Zo 0 ,i Z oO ss · . · . o Ln · o · ~ zZ ~ ~o ~.H ~°~ Om~O ~0 ~ 0 ~0~ O~H~ o~oo~oo~oo~oo~ 0 O0 O0 O0 0000000000000000 · . . . . . . . ..... o . . o ~° · ..... . o . , . , o 0 o OOOOOOOOOO~~OO HHHHHHHH~~HH DDDDD~DD~ffi~DD HH~~ mmmmmmmmffim~~mm E--,~ Z~ Oo r. jcq ~o c~ HO o~ o ~ o ~0 ~0~ O~ F.z.] H ~0 0 o~ H E~ U O o Z o~ ~o~o ooo~o~o~o~o ffi<HOH~H~H~HOH~H~H 0 0 0 0 t~ O0 O0 O0 O0 O0 O0 0000000000000000000000 o 0 0 o o o oo~ UOE~ ~ 0 0 ~0 Oo O~ o o ~ ~°° 0 0 ~t~ o o ,--I ,ri o,1 ~ ss gg ~0~0 L~ ,Ln 0 0 ~ 0,1 · . O0 Oo U~ Z 0 O~ rD · ! o~ 0 0 0 0 t~ ce} 1-~ oo C~ ~ 0 0 0 0 0 0 p,.. p,.. {-,,. ~ ~ o 0 ~~o~oo o O~ oo~ 0 0 o 0 0 H HO ~0 Oo o O~ OD~ 0 ZZZZZ o o~ Or..9 0 0 00  0 O0 O0 ~~oo O0 0 00 000 ~q E~E~ oEEooEEo 0 O0 0 00000000 00000000 00~~ ........ ~000~0 O0 oo~°~ · . . . . . . . ~o~oo~ 000 O0 mmm~m> ~Z O~ o ~ ~0 ~UUO o 0 ~ Z~ 0~ U~m O0 ~o ~ o 0 O0 O0 O0 O0 O0 0 000000000000000000 ~ o~oo~oo~oo~oo ~ 0 O0 O0 O0 O0 O0 0 0~ o 0 rtl o oo o ~° 00000 Z~ Oo U~ ~:o 0 :> ~000000000000000000 ~ 000000000000000000 ~ 0 ~J 0 004 0,< I> Oo 0 O~ > o o CD 0 00 0 0 · ~o 000 · 0 0 0 :~0 Oor~ U Oo 0 0 M · °~ E~ Z~ O~ Z 0 ~Z~O ~0 ~Z oM ~Z ~0 ~O~O~HH M 0 a~ 0 0 Z o o o o ~g° c,3 H o o o o ,r-,.4 ~ o o L~ c> (D o o cD o o o · . o o Ln 0'~ ('xl ~D · 0 0 O0 L~ L~ ,'--I · · 0,1 0 ~ 0 ~D ,---I ~0 o L~ L~ ~E~ ~0 E~ 0,-4 ~c'-~ ,~o Z 0 000 Z © z~ Z ~ U H,~ ~0 0 0% ~q 0 ~Z 0,~ > 0 Im Z 0 C) E~ ~0 ~ 0 H ~ H U > o o ~° o Z Z 0 0 u~ u~ LD t.n U O< 0 ~ 0 ~ZHD~O ~0 ogo OZ2Z 0000 ggg°o Z'-~ O~ u~ 2 0 Z H ~O 0 ta > > ,-2 0 ,< , · ~ ¥ Z H ~ Zm O> ,< O H 0 Z o n., z ~ 0 Z H 0 ~ ~ 0 ~O D.-1 H ,< © H~ ~ H Z ~ H ~ Oa~ mo 0 O~ U D H O< O0 H H 0 0 U OZ o p~ O~ > ooo ~ oo~ooo~ oooooo~oo ~oo ooo oo ~o o~oo~ ~oo ~oo ~oo~oo oo~ oo~o~oo~ o 0 O0 0 0000 000 O0 000000 000 0 O0 O0 oo 8 oo oo oo o o~ ooo o oo ~o 00000 00000000000000000000 00000000000 0 ~00~00000000~00~0~00~0~0~000000000~000 O~OO~~~O~~O~O~O~O~~~OO~ OOOOOOOOOOOOOOOOOOOOOO~~OO~OOOOOOOO OOOOOOOOOOOOOOOOOOOO~O~~~~OO~~ ~ H~ HH H~ ~ n~ ~O~Z~O~ OZHZO Z 0 Z ~ Z ~ Z ©Z E~ n~ u~ H 0 E~ n~ 0 0 0000000000000 ~0000000000000 00000000000000000 00000000000000000 0000000000 0000000000 > {:22) o o o o o o cD c) o ~-~ ex1 o~ o~ cD o o o o o o o cz) o o o LO LO C~ O~ 0 CD ~° ~D CD c~ o o o o 000 E~ E~ ~ 8 o o o o o o · . o o o~ ~'~ ~o ~.o o ~D · ~° H H 0 E~ E~O ~ ~O H H ~l~ C~C~M 0~ ~E~ ~ E~ 0 o8o 888 000~ 0 ~0 Z 0 0 c~O 0 ~ ~ (.9 00 O0 E~ E~ , 0 ~ zm ,< Z Z ~.q ZO ~ 0 ~ OZ ~0 Z~ ~ Z 0~0 O0 00 000000 000000 ~o o~o o°~ ~ ~H~ 0 ¥ o M H 0 m > ~Z ~ E~ H ~ >> z~ o ,< o~ z~ O~ 0c-: 0 , 0 ~ H ~ ~ H H 0 Z~ 0 H E~ 0 o D H ~ z o o ¢~ o E~ 0 H o o c~ © ozzzzzz ~oooooo E~ E~ ~o o ~ o ca z 0 ~ ,fl ,ri 00 ~-~ ~-~ C) 0 oo~~~~ooo 0000000000 000 00000000000000 0 00 00 , , C~ 00 Ln Ln ~4D L~ 00 0 C) o '..o co co o ,--t c) c> , , oq ~ c-q 0 ,44 D~ 0 d o88oo8ooo88oo8 0 O0 000 O0 00000000000000 oooooo~oo~oo~ 0 ~ ~ 00000000000000 oo~googgoogo~ 00~ O0 O0 0~ 88 Z Z E~E~O ~E~ 000 , , 0 Z 0 o,~ 00~ ~ 0 Oa.,~ 0 Z ~0 0 ~ Z a~ 0 a~ ~ H H ~ 0 0 ~ 0 0 ~ 0 ~ 0 H 00000 0000 ~ ~ .............. O~ 0 Z E~ ~ 0 o ~ H E~ E~ 0 Z 0 H 0 0 ~ ~o E~ 0 0 ~ 0 0 H ~ r,.J o > Ch oo CFI t~ 0000000000000000 0000000000000000 OOOO OO OOO OOO OOOOO ~oo oo~ oo o~ o o 0 000000 000000 o~oo~oooo~ooo~o~ooo~ooo~ 0 0 8 0 r~ E~O , E~ 008880008008 ooo OO 000 O0 000000000000 000 000000000000 000 ~2~°2~°°~~~~~ 0000000000~0~00 000000000000~0~ HHHHHHHHHH H~HHH 0080008800880008080008800 oo 800 oo 008 o 800 oo 0000000000000000000000000 ~o2o o ~o~ 8008 2°888°888°888°88°888°~2~°o o o o o o o Z~ZZ~Z~Z~Z~ZZ~ZZ~Z~Z~Z~ 0000000000000000000000000 2 Z~.. ~L~ 0 ~ o > z ~ H o ~0000000000000000 o Z ~0000000000000000000000000 0,~ r,D > oo °~°~ c) o E~ E~ E~ o o o o og c~ ~D cr~ c~ 000 0 0 0 ZZZZZZZZZZ~ 0000o000o0 oo ~ZZ~ ~ZZ Z o~ 00 o .0> ,~,~ ~Z~ ~0~ Z ~ Z Z 88 ~ M 00~ ZZZZZZ DDDDDD 2 Z~ ~n 0 ~ 0 > ~ZZZZZZZZZZ ~0000000000 ~ ~Z O0 L'q , , o~o o~O ~ Z 0 0~ ~ZZZ o~ OE~E~ 0 000 © ~000000 000000 O OOO O O 000 000 0 0 000 0 0 ON1 O O O O O CD CD O CD O ~° ~.o [~ o o ,ri Cxl CD CD o o o o cz) o o Lo c'xl ~ Lr~ c~ 0000 O0 o~~~o~ DDDDD~DDDD~ 88 °88 00,~ 0 H ~ 0 88© o o o · . . · . . c000 c0 2 Z~ O ~ Z O Z ~ 0 c~ Z 0 O0 000 0 © 00000000000 0000000000 Z O~ 0 ~ 00 0 OH O~ 0 E~ ooo -00000 000000 0 Z~ Z~ ~Z ~00~ ~ o ~-~ o0 co o0 L~ ~ 0 0000000 0000000 ~00~ o oo o a~o Z m 0 Z~ O~ ~o Z 0 0 0 ~ ~ H Z Z~ ~Z 0 ~a ~ Z a~ 0 E~ ~m Z ~ H 0 Z 0 ~ 0 ~ HZ E~ H 0 ~ 0 >0 ~HO00000 0,~ H rj > 0 Z H 0 ~ 0 H ba X ~ M H< 0 ~ ro 0,~ > Z 0 > H ~ 0 · > Z Z z o~ m o o oo ooooo ooooo 00000 C~D o c0 ~ 0 000 000 0000 0000 0 CD o o o o o c'xl ex1 o o o 0 0 H E~ r4 0 8 8 8 0~0 0~0~ ~0 ~0 Z Z Z ~ E~ ~, 0 Z 0 ZH 0 ~ > Z O~ ~ H 0 a~ Z ~ 0,~ o Z 'Z ~0 ~ Z ~0 DZZO0 O~ H ~ O0 ~ HH Z~O0 0 O~ 0~ d H ~q > (D o o o o o o Ln ,--I ,r.-I L.n ~ Oq o o 0000 0000 0000 00000 o CD 0 0 CD CD ~q 00 Da 00 p-- D.-- o'-, c~ L~ Ln C,,1 ¢N 00 OOc~ Z 0 DDD~ ~HO oo oo ~~° °~°° © ~~00 ~ 0 O,-aZ o,~r4 ..lc ,--~ ~---i o · , Z~ Oca O~ ~:o 0 O~ ~ ~DDD Z 0~: 0 ~o U ~q HO000 0 O~ H o~ o cD o o o o cD o 0 0 LD {:2> O 0000 O00000 0 O O00000 0 oo oo ooo 0 0 00 OOO~ ~0 · 0 o o o 0~0~ ~~0 oo8888 0 OO000~ ~ 000 0 0~0~~ I Z~ O~ ,~o Z 0 F4 H > 0 ~ E~ E~ H H H ~ 0 0 ~ H 0 ~ Z4 H ~: Z~ H 0 ~000000 OO0 © 0 0 H ~ r..j > 0 0 0 0 0 0 C~ (D Z z cO 00 ,r-I ,ri 0 0 O0 00000 O0 0 00000 ~oo~ oo~ 00000000 00000000 00000000 ooo~~o o u,.4 ~ 0 c~ ~q 0 · , ~r4o oomm~ ~0 H ~oo~o~ 000 0 00~00000 00~00000 o H~HM ~H 0 ~o~o~ oo ~oo~ 0 oo °~°° ZZZZZ 00000 Z~ O~ ,~o Z 0 ZH Ora z z o m n~ H ~ H ~ o ~ ~ o I--t oo ~00 ~ o~ 00000000 00000 Z oooo o o o oooooooooooooo oooo ooooooooo 0000000000000000000000000000000 000 000 000 O0 000 000 000 0~ o ~.~ ~ o o o o 0 0 ~oo~ooo~oo~ooo~ooo~oo~oo~ 0000000000000000000000000000000 0000000000000000000000000000000 ~~~~0~0~00~0~0~000~~ o~o~~oog~o~2~o~o~o~og~o~oo~ ............................... 000000000000000000~0.~0~~0000 0000000000000000000000000000000 © o o c) o Z Z U U~ Z 0 Z H ~ U > ZUUU~UUUU~U~UUUU~UUUUUUUUUUUUUUU ~ZZZZZZZZZ~ZZZ~ZZZZZZZZZZ~ZZZZZZ 0000000000000000000000000000000 0 E~ 0 ~ O0 O0 g U Z ZH O~ ~ 0~: H ~ > o8 o o o cD o cD o o o , , Ln tx] ~q 0 0 o°8 oo8 HHH ~0 o8 UU H ~ HH~ OOO ,,~ ~ 0 HH~O ....... O ~ O O H · 00 00~ L~ L~ 0 O~ ~ 0 · · . 0 L~ · · . M .©> ,~,~ .~.~ o O~ Z O ~ H O ~ ~>~ © H ~ O~ r~ Z 0 ~ 0 O O 0 0 O0 © ~ O O ~ © 0 ~ a-I 0 o o o ~ .~ ~ oo~ cq , , ~ L~ CD 0 0 0 0 0 0 ~--~ ~ 0 0 0 0 0 0 Cxl cx,1 0 CD o°8 o u,4 ~ o ~o o o ~ ~ ~> o800 o o E~ ~0 000~ ~0 · 0 o o ~8 8 E~ E~ D D 2~ C~C~M ~ H ~ H H ~ E~ ~o o E~ Z~O o o o o c) o E~ ~ 0 ~ ~0 ~00 ~0~ oo8 Z~ O~ ~o Z 0 ~H ~DD~ ooo ~000 000 ~o~ o © o H O~ E~ ~0 E~ 0 o o Z o ooo o o c) o 0 ,44 ~ 0 ~~o~oo~ O OO OO OOOOO~OOOO ~oo~oooo ~~OO~O OOOOO~OO~ ~o~o~oo~ O~Z 000~~~ E~ Z 0 o · E~ ~0 0 0 E-, E~ ~ ZZO E~ Z~ Z 0 > HHHHHHHHHH ~0000000000 > ~ 0,o ~ ~o~ 0,~ > c) Z 0 Z ~ 0o~ · Z i---t ~ H E~ Z Z~ 0 Z ~ Z ~ 0 ~ E~ ~ ~ oo ~ o o M · c> 8o~ o o o o o · . > > 1:2) ITEM NO. 8b DATE: March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF EXTENSION OF LEASE WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES ON BEHALF OF THE CALIFORNIA DEPARTMENT OF FORESTRY FOR A PORTION OF THE UKIAH REGIONAL AIRPORT At the previous meeting the City Council approved a six-month extension of the lease with the State of California, Department of General Services on behalf of the California Department of Forestry (CDF). That extension was provided to the City by General Services as the existing lease had expired and it was necessary to implement an urgency extension until a longer term lease could be completed and forwarded to the City by the State. The State has since submitted the attached lease and staff is forwarding the item to the Council for consideration and approval. The proposed extension commences on April1,2001 and extends the lease until March 31,2006 with a termination clause allowing CDF to terminate the lease anytime after March 31, 2003. The proposed five-year lease term is intended to secure for CDF its present site while allowing adequate time to design and construct the new air attack base planned for the southeast section of the Airport. The termination clause is intended to allow CDF to vacate its current location sooner should the State complete design and construction of the new facility by 2003. An escalation clause which annually increases the quarterly rent by multiplying the Consumer Price Index by $1000 (CPI x $1000) is also included in the extension. Once CDF completes design of the air attack base, Council will receive the appropriate lease agreement with pertinent details of the new facility for consideration and approval prior to construction activity. Staff believes the lease extension is beneficial to the health and welfare of the community by retaining an essential public safety service and is recommending approval of the lease extension. RECOMMENDED ACTION: Approve extension of lease for California Department of Forestry for a portion of the Ukiah Regional Airport. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: State Department of General Services Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager Don Bua, Airport Manager Attachment: 1. Lease Agreement with State of California, dated February 27, 2001 LD/ZIP Ca'ce Horsley, ~itytanager CDF2.ASR Original Document AMENDMENT TO LEASE AMENDMENT NO. Four (4) FILE NO. 3436 001 TRANSACTION NO. 0101055 THIS AMENDMENT TO LEASE, made and entered into this 27th day of February 2001, by and between the City of Ukiah, a Municipal Corporation, hereinafter called Lessor, and the State of California acting by and through the Director of the Department of General Services, hereinafter called the State. W ITNE S S ET H: WHEREAS, under lease dated April 1, 1975, as extended April 22, 1986, held over March 11, 1991, amended August 21, 1991, and extended February 13, 2001, the State hires from Lessor certain premises located at the Ukiah Airport, in the City of Ukiah, County of Mendocino, California, as more particularly described in said lease; and WHEREAS, the parties hereto desire to amend said lease to (1) change the end , date of lease; (2) extend the early termination date. (3) change right of either party to terminate .~. lease and change notification time of written notice to terminate. NOW THEREFORE, it is mutually agreed between the parties hereto as follows: 1. Effective April 1, 2001, the ending term of December 31, 1985 as shown in Paragraph 2 of said lease is amended to read March 31, 2006. , ,.. 2. Effective April 1, 2001, the early termination date of December 31; 1977 as shown in Paragraph 4 of said lease is amended to read March 31, 2003. 3. Effective April 1, 2001, the right of either party to terminate with 180 days written notice as shown in Paragraph 4 of said lease is amended to read; the State may terminate this lease at any time effective on or after March 31, 2003, by giving written notice to the Lessor at least 90 days prior to the date when Such termination shall become effective. Except as amended herein, all the.terms of said lease hereinabove referred to shall remain unchanged and in full force and effect. M-AMEND3 M:\Leasing-And-Design\Jobs\CDF~Ukiah\M-AMEND5.doc Page I ITEM NO. 8¢ DATE' March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF RIGHT-OF-WAY AGREF_~ENT RENEWAL WITH LOUISE YOUNCE FOR FAA/AIRPORT BEACON Attached to this report is a proposed renewat of the right-of-way agreement with Louise Younce, which is necessary for Airport staff to access and maintain the FAA beacon on the Younce property. The property is tocated on the ridge in the western hi[ts and due to its etevation serves as a communications signat receiving location for severat agencies in addition to the Airport. The origina[ agreement was entered into with Larkin J. Younce for a twenty-year period commencing on December 1, 1949 through November 30, 1969. Subsequent to the expiration of that originat agreement, a five-year term was approved through 1974 and extensions have been compteted even/ five years since. The current agreement expired as of December 31, 2000. The payment for year 2000 was $3,036 and the proposed agreement witt commence at $3,150 for 2001. The terms of the proposed agreement are for six years with a 3.5Yo bi-annual(1.75% per year) escalator ctause. Previous agreements have included the 3.5% increase on an annual basis, however, subsequent to discussions with the property owner, the City Manager was able to reduce the increases to every other year. The agreement also provides for an extension of an additionat four years with ail terms and conditions intact, should both parties agree. The schedule of payments is included in Attachment #1. RECON~ViENDED ACTION' Approve agreement with Louise Younce for airport beacon right-of-way. ALTERNATIVE COUNCIL POLICY OPTIONS' 1. Determine Agreement requires revision and remand to staff with direction. 2. Determine approvat of tease is inappropriate at this time and do not move to approve. Citizen Advised' Louise Younce Requested by: Prepared by: Coordinated with: Attachments: Airport Staff Larry W. DeKnobtough, Community Services Director Candace Horstey, City Manager and Don Bua, Airport Manager 1. Proposed Agreement APPROVED: LD/ZIP YOUNCE.ASR Candace Horstey, City A~anager AGREEMENT NO. 6 AIRPORT BEACON RIGHT-OF-WAY This Amendment made the 1~t day of April, 2001 to that agreement by and between Larkin Younce and the City of Ukiah dated January 7, 1970, continues in full force and effect all provisions of said previous Agreement except to the extent modified by the following: , The rental rate for 2001, shall be $3,150.00 The rental rate shall increase bi-annually thereafter in the amount of 3.5% and shall be: 2003 - $3,260.25 2005 - $3,374.36 This Agreement and all terms and conditions defined herein may be extended for four additional years commencing April 1, 2007 and expiring March 31, 2011, contingent upon agreement by both parties. Excluding any extension this agreement shall expire December 31, 2007. IN WITNESS WHEREOF, the Parties have executed this amendment the day and year first above written. CITY OF UKIAH Candace Horsley City Manager Louise Younce ATTEST: City Clerk LD/ZIP YOUNCE.AGR ITEM NO. 8d DATE: March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF AMENDMENTS TO CONTRACT WITH JEFF MCMILLEN FOR GOLF PROFESSIONAL SERVICES On September 1,2000 the City of Ukiah extended the contract for Golf Professional Services with Jeff McMillen. Since that time several minor language issues have been identified which require clarification and revision in order to remain consistent with the intent of the contract. Staff has discussed these issues with the Pro as well as the City Attorney and Director of Finance and all parties agree that the proposed revisions are appropriate and meet the intent. The proposed changes are included in the attached agreement and printed in bold print for the Council's review The first of these changes is in Section 2.1 a in which a definition of gross receipts is added to exclude "cart rental fees". This revision is necessary as cart rental fees are covered under a separate section (2. lc) of the contract. The current language lacking this exclusion would require double payments by the Pro for the same concession. The second revision is to Section 2.1 b which adds a clarifying definition for "Daily Greens Fees". This clarification is necessary due to the numerous categories of greens fees offered at the Golf Course including daily fees as well as other categories such as memberships, which are paid annually. The previous contract applied the specific term "Daily Greens Fees" without the broader definition for which it was intended to apply. Inserted in the second line of this Section also is the term "of each year" which defines the intended calculation period for the transition of the percentage payment by the City to the Pro. (Continued on Pa,qe 2) RECOMMENDED ACTION: Approve amendments to the contact for Golf Professional Services with Jeff McMillen. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine contract requires further revision and remand to staff with direction. 2. Determine approval of amendments is inappropriate and do not move to approve. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: N/A Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager 1. Amended contract APPROVE 'D,~~j~ I. Candace Horsley, C~y Manager LD/ZlP Golfpro3.asr. X, The final revision is to Section 2.2 amendin~ the language which currently requires the Pro to utilize a certified public accountant to perform and submit to the City quarterly financial statements showin~ his ~ross receipts and expenses from operatin~ the Pro Shop. In the past the Pro has utilized an accredited accountin~ firm, however, it was not a certified pub[ic accountant. The revised language a[lows the Pro to utilize an independent accountin~ firm of his choice, however, the City retains the right of approva[ through the City Manager's office. These chan!]es are bein8 presented to the Council to clarify the administration of the contract and retain the intent and historical practices of past contracts. There is no chanse in the cost of the contract to the City or the Pro. Staff is recommendin[l approval of the amendments as submitted. GRANT OF LICENSE AND CONCESSIONS AT UKIAH MUNICIPAL GOLF COURSE AND INDEPENDENT CONTRACT FOR GOLF PROFESSIONAL SERVICES THIS AGREEMENT, made in Ukiah, California, this 1st day of September 2000, by and between the City of Ukiah, a municipal corporation, hereinafter called "City," and Jeff McMillen, a Golf Professional, hereinafter called "Golf Pro." RECITALS: 1. The City owns and operates a Municipal Golf Course, consisting of an eighteen-hole golf course, a clubhouse, storage sheds, and equipment for the care and maintenance of the course. 2. The City wants the services of Jeff McMillen, a Golf Professional (Golf Pro) available to the public at the course. 3. In order to secure these services the City is willing to grant the Golf Pro a non-exclusive license to use the City owned Municipal Golf Course facilities to operate and maintain a pro shop and its contents, golf cart rental business, provide golf lessons for a fee, and operate an maintain food concessions and related business. In exchange, the City receives a percentage of the gross revenues from the Golf Pro's businesses operated under the license, the Golf Pro to act in an advisory capacity between the golfing public and the City. The Golf Pro schedules play and collects green and other City imposed fees for use of the Municipal Golf course by the public. 4. Golf Pro is a duly qualified Golf Professional who has the necessary experience and expertise to operate the concessions and manage the facilities subject to this Agreement. TERM: The term of the License and Concessions granted hereunder shall supersede any and all previous agreements for Golf Professional Services between City and Pro and shall commence upon approval by City Council and execution, and terminate at midnight on October 31, 2004. AGREEMENT: Therefore, in reliance upon the facts recited herein and upon the conditions and agreements hereafter stated the parties agree as follows: 1. Revocable License. City grants Golf Pro a non-exclusive, revocable license to the use of the Municipal Golf Course facilities subject to this Agreement, as more fully described in the attached Exhibit "A", which is incorporated herein by reference, for the purpose of operating various concessions as more fully described in Paragraph 2 of this agreement. 2. Grant of Concessions. City hereby grants to Golf Pro the exclusive right to operate concessions at said Municipal Golf Course facilities, including golf instruction, the sale of golf supplies, golf clothing and equipment, and other enterprises incidental to and consistent with a Pro Shop, and the sale of foodstuffs, confection and drinks, including beer and wine, but no other alcoholic beverage, provided that the sale of beer and wine shall not be permitted if it in any way prohibits or interferes with the use of any portion of the course and clubhouse by any member of the public, including minors, and golf cart rentals. Such concessions shall be operated by Pro for his own profit and benefit, and in connection with such operation, he shall maintain the Pro Shop and immediate area (as on Exhibit "A") in a neat, clean, and orderly condition. Pro shall also be expected to act as starter and to provide golf cart rentals, both pull and motorized, sufficient to meet the demand for such items. The Golf Pro's right to operate the concessions as provided herein is expressly conditioned on the following: 2.1 Financial Consideration for License and Concessions a. As partial consideration for the license and concessions granted hereunder, Golf Pro shall pay to City on a quarterly basis 6% of his gross receipts from operating all concessions under this contract, including, but not limited to, income from the sale of food, beverages, and merchandise but exclusive of golf instruction. "Gross Receipts" means all income to said concessions before deduction for any expenses as determined by generally accepted accounting principles, except ~Gross Receipts" shall not include cart rental fees. b. The City shall pay on the same quarterly basis to the Golf Pro 6% of the first $150,000 of each year of the daily greens fee revenue only, and 5% of the daily greens fee revenues over $150,000. "Daily Greens Fees" means all Greens Fees paid by members and non-members; including punch cards, memberships, etc. c. The Golf Pro is granted a license for the term of this agreement to operate any and all carts held by the Pro for rental on the paths of the Golf Course and to store such carts in the runway area of the cart storage building owned by City. This license does not extend to any carts or maintenance vehicles owned by City. In full consideration for the granting of this license, Pro shall pay to City an annual fee of $2,500. This annual fee shall be paid each year during the term of this agreement to the Director of Finance commencing on and no later than June 30, 2001 with final payment on June 30, 2004. d. The Golf Pro agrees to report Gross Cart Rental fees to the City annually. City agrees not to disclose this Gross Cart Rental revenue information to any third party, unless compelled by law. The City further agrees to treat this information as having been received in confidence and will use its best efforts to preserve that confidentiality provided, however, that Pro shall pay any legal expenses, including attorney's fees, incurred by City if legal proceedings are commenced to compel the City to disclose any such information. e. Golf Pro at his own expense will maintain in his own name the necessary ABC License to permit the sale of beer and wine for consumption on premises at the Clubhouse, a resale permit from the State Board of Equalization and any other permits or licenses required by law to engage in the activities authorized by the Agreement. 2.2 Accountinq Pro shall submit quarterly to City through its City Manager financial statements satisfactory to City and in compliance with generally accepted accounting principles, showing his gross receipts and expenses from operating the concessions granted hereunder for the quarter. Such statements shall be furnished on June 30, September 30, December 31, and March 31 of each year or on the next business day after those dates, and shall be prepared and signed by an independent accounting firm approved by the City Manager. City further reserves the right to inspect and audit at anytime the books and records of the Golf Pro, which must be maintained at a mutually agreed upon location which is accessible to City during normal business hours. The Golf Pro shall also keep a detailed record of all rounds played by fee category and shall make that record available to the Community Services Director on a monthly basis. 3. Services as Consideration for License and Concessions As further consideration for the grant of the license and concessions hereunder, Golf Pro shall provide the following services: 3.1 Pro shall supervise the use of the golf Course including golf cart sheds and golf cart paths and including the opening and closing of the course each day and shall enforce all rules and regulations adopted by City relating to use of said Golf Course or conduct of the players thereon now in effect or which may hereafter be adopted. This will include observation and enforcement of proper private cart registration renewal and use. Pro shall supervise the speed of play and starting times for all golfers. He shall collect all green fees, cart storage fees, and path use fees in accordance with the schedule of fees from time to time adopted by City. The Golf Pro shall account for and remit the cash receipts to the City every other day April through October and weekly November through March. He shall keep books and accounts and handle cash in the manner required by City. In order to protect City against loss, Pro shall file with City a fidelity bond of an approved surety company in the sum of $5,000. 3.2 Pro shall devote his entire time, skill, labor, and attention to his duties as herein agreed at said Golf Course during the term of this agreement, permitting, however, absence at such times for tournaments, conferences, vacation, or other sufficient reasons as may be approved by City through the Director of Community Services. Pro shall provide the Director on at least thirty (30) days notice with a schedule of tournaments and personal vacation days. Pro shall keep the Golf Course and the Pro Shop open, either by himself or by qualified persons employed by him, seven (7) days each week, including all holidays except Christmas Day, during all playable hours as determined by the City Manager or designated agent. Pro shall employ, supervise, and train at his own expense such number of persons to assist him as may be necessary to provide the services required of him under this agreement, including, at least one full-time assistant professional, at no time shall there be less than one (1) qualified person constantly in charge of the Pro Shop while the course is open. Golf Pro shall have sole discretion to hire or discharge any employees he requires to fulfill his obligations under this Agreement. All employees in contact with the public or responsible for the unsupervised care or protection of City property at any time must meet minimum standards for appropriate dress and demeanor, as established from time to time by the City Manager, and be bondable. 3.3 Pro agrees to promote and accept credit card payment and pay at his sole expense all fees and charges related to the acceptance of credit card charges for the collection of greens and golf related fees. 3.4 Pro shall contribute to City a matching amount, not to exceed $1,000 annually, for the life of this agreement or any extension thereof, for the purpose of advertising and promotion of increased play at the Course. 4. Independent Contractor, Indemnification With respect to Golf Pro's provision of services under this Agreement, the parties intend to create an independent contractor relationship in which Golf Pro is responsible for all taxes as a self-employed person who may have employees working for him. They do not intend to assume the relation of employer and employee, and the City assumes no relation whatsoever to Golf Pro's employees. The City relies upon Golf Pro to pay al legally required estimated and actual tax liabilities, self-employment taxes, and to comply with all tax withholding and other laws in his employment of others in the performance of this Agreement, including workers' compensation and unemployment insurance laws. Golf Pro agrees to supply the City with documents which indemnify and hold harmless City and its officers, agents, and employees from and against any claims by the Internal Revenue Service, the California Franchise Tax Board, the California Unemployment Insurance Board, the Division of Industrial Relations or the Worker's Compensation Appeals Board, the Public Employees Retirement Board and any other similar agency for taxes, fees, contributions, premiums, penalties, interest or any other sums, including costs of defending against any such claims, arising from Golf Pro's performance of this Agreement, including any claims of any nature whatsoever based on said agencies' conclusion that the parties have assumed any relation other than that of principal and independent contractor. 4.1 Indemnification and Insurance 4.1.1 Indemnification. Pro shall indemnify and hold harmless City and its officers, agents, and employees from and against any claim, loss or damage, including the legal and other costs of defending against any claim of damage or loss by third parties, which arises out of the Pro's performance under this Agreement, except for claims, losses, or damages resulting from the sole and exclusive negligence or other wrongful conduct of the City or its officers, agents, and employees. 4.1.2 Insurance. Pro shall comply with the insurance requirements set forth in the attached Exhibit "C", which is incorporated herein by reference as though set forth in full. 5. Best Efforts. Pro shall, to the best of his ability, plan, promote, and conduct the game of golf and golf events including clinics, lessons, tournaments, and other promotional activities; be courteous, friendly, cooperative, and responsive to players' needs; maintain a good relationship and cooperative spirit with the players, Golf Clubs, staff, and committees; render professional advise, opinions, assistance, and services as required. Pro shall also participate on all committees and meetings as related to the golf operation; cooperate and work closely with the Director of Community Services to discuss the quality and playability of the course, and ways to increase efficiency and lower operating costs; continue to promote involvement and activities at the clubhouse and course including active development of new tournaments; play with customers either at home course or in local pro-ams; actively and enthusiastically promote golf instruction for all groups and levels of players; represent the City in local or national golf events; and provide merchandise, lunch concession items and a service level which best serves the public. He shall aid, encourage, and assist in the development of the Junior Golf Program and shall cooperate with the adult clubs in promoting golfing activities. He shall oversee and administrate contract provisions for all tournaments and have the exclusive right to designate the pin placement during tournament activities. 6. Full Payment. The right of concessions hereinabove set forth shall constitute full payment for all services rendered by Golf Pro to City. 7. Inventory The List of Assets, attached hereto as Exhibit "B" and incorporated herein, identify those items in the Pro Shop and Clubhouse which belong to Pro and City, respectively. Pro's right of use under this Agreement includes those Cit owned items listed in Exhibit "B". City and Pro will revise Exhibit "B" from time to time as necessary. 8. Termination The City may terminate this agreement based on a material breach by Pro. The City shall notify the Pro of any alleged breach of the agreement and of the action required to cure the breach. If Pro fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. City shall pay Pro only for the services performed and expenses incurred as of the date of notification of termination. In such an event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Pro under this agreement shall become City's property and Pro shall immediately deliver such items to City. Within 15 days of said termination Pro shall remove all items from the premises described in Exhibit "A" which belong to Pro, including those items included in Exhibit "B". The City shall reimburse Pro for the cost of all items identified in Exhibit "B" less any straight line depreciated value resulting from use. Pro shall be entitled to receive the compensation provided herein, subject to off-set for any direct or consequential damages City may incur as a result of Pro's breach of contract CITY OF UKIAH GOLF PRO BY: By: Candace Horsley Jeff McMillen LD/AGREEMENTS GOLFPRO3.CON ITEM NO. 8e DATE: March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: APPROVAL Of BUDGET AMENDMENT FOR THE COMPLETION OF URGENCY REPAIRS TO THE GRACE HUDSON MUSEUM As the Council is aware the Grace Hudson Museum is undergoing a major remodel and the addition of a new wing, which is being funded by the Sun House Guild in an amount exceeding $500,000. As the project has progressed, several major building maintenance items that are the responsibility of the City, have surfaced which require immediate attention and repair prior to the Museum's June re- opening. In addition to meeting the June timeline, staff believes it is beneficial to accomplish the repairs while the appropriate contractors are on site completing the museum expansion. An itemized list of the five areas in need of repair and each item's related cost is provided below. The total amount required to complete the repairs is $9,510. Staff is requesting a budget amendment to increase expenditures by that amount in the 100.6150.301.000 account in order to proceed with the work. Carpetinq in public room: The Sun House Guild has set aside enough carpeting from the Iow travel areas of the old gallery to recarpet the public room. This room receives heavy use and incurs substantial wear and exposure to food and beverage stains. The room was in need of carpeting prior to the expansion and this is an opportunity to accomplish this task for only the expense of installation labor. The cost of this item is $1,485.00 (Continued on Paqe 2) RECOMMENDED ACTION: Approve amendment to the 2000/2001 budget increasing expenditures in Account 100.6150.301.000 by $9,510 to fund urgency repairs to the Grace Hudson Museum. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine approval of budget amendment in the entire amount of $9,510 is inappropriate and approve only certain repair items. 2. Determine approval of budget amendment is inappropriate at this time and do not move to approve. Citizen Advised: N/A Requested by: Sun House Guild Prepared by: Larry W. DeKnoblough, Community Services Director j.. "~ Coordinated with: Candace Horsley, City Manager Attachment: 1. Budget Worksheet APPROVE '[~~ Candace Horsley, Cit~ Manager LD/ZIP Museum.asr Humidity control in the art stora.~e areas: As the relocation and installation of new HVAC units has been completed it has become apparent that the humidity control in the art storage areas has not been properly monitored. This is due to the fact that the humidistats were never installed at the time the Museum was built in the mid 1980's. Humidity control is essential for art preservation and the installation of three humidistats will be required. The cost to the City for this item is 5150. Replacement of locks and door handles on public room exterior doors: The locks on these doors are badly worn and can no longer be repaired. In order to install appropriate security locks new handles are required. The cost of this item is 5870. Floor coverin~ in restroom facilities: The linoleum floor covedn~ in the restrooms has bubbled and split in several areas due to moisture intrusion through the concrete floor stab. This is a result of not ha~in~ laid a moisture barrier beneath the slab prior to original construction. The linoleum needs to be removed and an epoxy slurry seal put down under new floorin~ in order to prevent this from occurrin~ a~ain. The cost of this item is $3,750. New wirin~ for heat strip installation: The HVAC units at the Museum are all electric and operate on a heat pump and heat strip system. The heat strips are intended to serve as an override system dudn~ periods of very low temperatures when the heat pumps are frozen or can't maintain appropriate room temperature. The heat strips in the public room and main ~allery were not appropriately wired at the time of original construction. In order to install and properly operate the strips in these areas additional electrical widn~ is required. The cost of this item is $3,255. ITEMIZED REPAIR SUMMARY Carpetin~ in Public Room Humidistat Installation Public Room Door Locks Restroom Floors Widn~ for Heat Strips Total $1,485 150 870 3,750 3,255 Staff is recommendin8 approval of the budset amendment to accomplish these repairs. z 0 SUBJECT: AGENDA SUMMARY REPORT ITEM NO. 10a DATE: March 21,2001 PUBLIC I-IEARING AND ADOFFION OF RESOLUTION APPROVING USER FEE FOR LIVE SCAN FINGERPRINT PROCESSING Recently, the City of Ukiah obtained a Live-Scan Fingerprint machine through a State of California Department of Justice Grant (DOJ). This grant provided approximately $50,000 dollars in computer fingerprint equipment for our agency, at no cost to the City, for the purpose of transmitting juvenile, adult, and citizen-applicant electronic fingerprint records to the Department of Justice. As a result of this recent grant, the Ukiah Police Department will provide applicant fingerprint service to the community on Wednesday, Thursday, and Friday from 8:00am to 12:00 noon and 1:00 pm to 5:00pm. In preparation for this new service, Police Department staff has developed and instituted new fingerprint procedures for the collection of fees for the Department of Justice and the FBI. In addition, staff has conducted a survey of near-by agencies who charge a user fee for processing fingerprints and conducted an expense determination study to set an appropriate user fee for the community. Based upon our cost study (see attachment 2), the Ukiah Police Department recommends a user fee of $12.00, which is the same rate as the Mendocino County Sheriff's Office. A public hearing has been set on this issue to invite public comment on this fee prior to its establishment by the Council. Once adopted, all funds for the processing of prints (user fee, DOJ and FBI fees) will be deposited into General Fund revenue account 100-0800-615-001, and all expenditures to the Department of Justice and FBI will be paid from that account on a monthly basis. Staff recommends adoption of the resolution. RECOMMENDED ACTION: Hold Public Hearing And Adopt Resolution Establishing $12.00 User Fee For Live Scan Fingerprint Processing. ALTERNATIVE COUNCIL POLICY OPTION: 1. Determine user fee amount is to be different than $12.00, identify desired amount, and adopt revised resolution. 2. Determine user fee is not to be charged, do not adopt resolution, and provide staff with an alternative action to recover the costs associated with this service. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: APPROVED: N/A Ukiah Police Department Chris Dewey, Police Captain Candace Horsley, City Manager, Gordon Elton, Finance Director, and John Williams, Police Chief 1. Resolution for adoption. 2. Expense Determination Study. 3. Survey of other, Agency fees. Candace Horsley, Manager RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A USER FEE FOR LIVE SCAN FINGERPRINT PROCESSING WHEREAS, the City Council has the authority to set fees for services provided by the City of Ukiah; and WHEREAS, the City of Ukiah Police Department has the capability to complete live scan fingerprinting for citizens, the California Department of Justice, and the Federal Bureau of Investigation; and WHEREAS, the City of Ukiah conducted an expense determination study which identified the expense to provide this service as $12.02, including personnel and material costs; and WHEREAS, it is necessary and appropriate for the City of Ukiah to recoup the costs of General Fund services from those who receive the benefit of the specific service. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah does hereby establish a user fee of $12.00 for Live Scan fingerprint processing; said fee to become effective immediately upon adoption of this resolution. PASSED AND ADOPTED this 21st day of March, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phil Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 1 of 1 Live Scan Program Expense Determination Study Staff Time Requirements Police Records Clerk Duties: Process applicant forms, accept payment, escort through facility, input computer data, roll live scan prints, provide proof of payment. Records Clerk Supervisor Duties: Audit live scan forms, account for payments, process DOJ and FBI fees, monthly accounting of fund balances, and monthly billing accounting. City Cashier Duties: Accounting and deposit of funds Finance Department Duties: Monthly billing and audit of DOJ and FBI billing, account audit. Personnel Costs: Supply Costs: Computer Maintenance, Phone Lines, Printer Costs, Misc. Supplies Cost $9.35 $1.64 $0.30 $0.33 $11.62 $0.50 Total Costs: Recommended Processing Fee $12.12 $12.00 : ;.:: .:~.~:~::~:~ :::: ~ :~? ~ ::::::::::::::::::::::::::::::::::::::: ~ .~ ..::.:::~w ::~:; :.: ,. ~: ~:~ ........ :~ ~:::~ · Madera Co. SheriWs Depa~ment Mon-~s 14143 RoM 28 8:30 ~-11:30 ~ $ 5.~* Made~ CA 93638 (Appt Only) ~ (559) 675-7770 Cash & Checks Accepted MARIN Marin Co. Sheriff's Department 3501 Civic Center, Rm. 145 San Rafael, CA 94903 ~ (415) 499-7286 Mon Tues Wed Fri 8:00 am-12:00 pm 1:00 pm-4:00 pm (Appt. Only) Cash & Checks Accepted $ 10.00' MARIPOSA Mariposa Co. SheriWs Dept. 5099 Old Highway Mariposa, CA 95338 ~ (209) 966-3615 Tues & Thurs 1:00 pm-4:00 pm (Appt. Only) Cash & Checks Accepted $ 5.00* MENDOCINO Fort Bragg Police Dept. 250 Cypress Street Fort Bragg, CA 95437 Contact Linda Iverson ~ (707) 961-2800 Mendocino Co. Sheriff's Dept. 589 Low Gap Road Ukiah, CA 95482 · r (707) 4634411 Willits Police Department 125 East Commercial Street Willits, CA 95490 ~ (707) 459-6122 Mon-Fri 10:00 am-11:00 am 3:00 pm-4:00 pm Cash & Checks Accepted Tues 1:00 pm-3:00 pm Wed 9:00 am-12:00 pm 1:00 pm-3:00 pm Cash & checks Accepted Mon-Fri 8:30 am-3:30 pm Cash & Money Orders Accepted $10.00' $12.00' $10.00' M ERCED Merced Co. Office of Education 632 West 13th St. Merced, CA 95340 ~ (209) 381-6619 Mon Wed Fri '8:00 am-5:00 pm (Appt. Only) Checks & Money Orders Accepted $10.00' Rev. 10/13/00veg Page 10 ITEM NO. lla MEETING DATE: March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT ON WEST HILLS MANAGEMENT PLAN Interim Fire Chief Dan Grebil will be presenting a status report to the City Council on the west hills fire break project. RECOMMENDED ACTION: Council receive report. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. Candace Horsley, City Manager Dan Grebil, Interim Chief Officer None. Approved' , ~ -C~ace Ho anager 4:Can :ASRWestHills301 ITEM NO. 11b MEETING DATE: March 21, 2001 AGENDA SUMMARY REPORT SUB.1ECT: DISCUSSION AND POSSIBLE ACTION REGARDING LIVING WAGE POLICY AND ORDINANCE Introduction The discussions regarding living wage ordinances have both proponents and opponents to this controversial issue. Proponents express concern that the lowest paid wage earners cannot receive an adequate income to pay for basic living expenses. They believe the government has a responsibility to intervene and create a wage that will provide a sustainable income. Proponents also state that higher wages have a number of direct economic benefits to not only individual families but to the community, local government, and even employers. The arguments for a "living wage" also include greater self- sufficiency and purchasing power, lower level of government support services, greater consumer spending in the community, and increased employee morale and efficiency. Opponents believe that the market should be the ultimate determinant of economic (Continued on Page 2) RECOMMENDED ACTION: Discuss the issues presented in the report and determine whether a living wage ordinance is desired within the City limits. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine additional information and analysis is necessary. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachments: . 2. 3. 4. 5. 6. 7. 8. 9. N/A Councilmember Baldwin/City Council Candace Horsley, City Manager Gordon Elton, Director of Finance Michael Harris, Risk Manager/Budget Officer Nora Kennedy, Purchasing Officer Vice Mayor Baldwin's August 12, 2000 Letter, Regarding Living Wage Letter from .lan Moore, President, Ukiah Community Center Letter from Al Beltrami, Mendocino County Employers Council Summary of Business Survey Results Memo from David Rapport on Legality of Living Wage Ordinance Summaries of Living Wage Economic Analysis Studies Business Survey Form City of Corvallis Living Wage Ordinance City of Oakland Living Wage Ordinance Approved: ~ ~ Candace Horsley, ~ Manager Page 1 distribution. They propose that a living wage ordinance will cause undue increases in costs to the government and will lead to increased unemployment, administrative compliance costs for not only the business but also government, companies may choose to not bid on contracts if faced with such an ordinance, and the ordinance will discourage further investment in the area. In addition, living wage ordinances have a tendency to be biased toward certain businesses that contract with the City and, therefore, affect only an extremely small portion of the working community. This may cause an imbalance in costs and, therefore, prices for businesses that deal with the City versus those who do not. A discussion of several of these issues is presented in this report. History _ Staff is returning to the City Council to present the information we have compiled on the living wage policy issues as directed by the Council at its November 1, 2000 meeting. The Council defined the issues and requested information regarding specific portions of a living wage policy. The issues defined by Council included: Affected Service Businesses/Organizations: Airport services Catering services Conference Center related services Facility and building maintenance Golf Course services Janitorial and custodial Landscaping maintenance Laundry services Pest control Refuse and recycling Security guards Technology Services Temporary personnel services Towing services City Financial Assistance Recipient (CFAR) Privatized or outsourced services previously provided only by City employees that only City would normally do. Exempt businesses: Those with 10 or fewer employees (individual persons, not "full-time" equivalents). Those conducting Public Works contracts and other types of contracts covered by prevailing wage regulations. Affected employees: Those employees actually working on the City's contract. Exempt employees: Employees enrolled or engaged in a training program. Employees 18 years of age and younger who are attending school. Employees on government disability or wage restrictions by IRS rules or pension rules. Employees subject to collective bargaining agreements. Page 2 Contract threshold: Cap applies to accumulated total by business in any given 12 months. Cap to be indexed to the Consumer Price :index as salaries are now. Cap amount is $10,000. Cap applicable to grants with pass through from State and Federal governments. Minimum time of compliance: One year after cap is reached if initial contracts don't exceed $10,000. One year after contract over $10,000 is signed. Minimum salary: With health benefits - $8.75. Without health benefits - $10.00 ($1.25 additional per hour). Employee must take advantage of employer offered health benefits or does not receive additional pay. Minimum paid time off: Full time - 12 days, any combination of holidays, sick, personal leave, or vacation. Part time - Pro rated equal to full time. Waiver process: Process to be available through the City Manager. Appeals will be allowed. Process used to address sole source who refuses to comply. Ukiah Redevelopment Agency contracts: To be determined by the Agency. Staff activities: :Initiate compliance verification process. :In addition, the Council requested analysis of several other issues related to a living wage policy, including impacts on local vendors, City financial assistance recipients, and other factors that would provide the Council with a cost-benefit analysis. Staff has segmented the various issues into topics, which include: 1) A survey of various service contractors who are currently serving, or have recently provided service to the City, 2) a survey of several other cities that have enacted a living wage policy, 3) a survey and analysis of how a living wage policy would affect CFARs, and 4) the impact on City staff under various scenarios regarding monitoring the living wage and dealing with administrative recordkeeping and the appeals process. $~rvey of Service Contractors Staff contacted several businesses that we are currently receiving services from to analyze the impact of the proposed ordinance. Eight various contractors from the services list established by the City Council meeting on November 1, 2000, were contacted for information as well as two cities that have implemented a "Living Wage Ordinance." The businesses contacted fall within the following services: 1. Conference Center related 2. Catering 3. Laundry 4. Pest Control 5. Golf Course Page 3 . Security Guards Technology Refuse and Recycling Six businesses are locally based; two are out of Santa Rosa, a laundry and pest control service. .1EANEI-I'E'S COUNTRY COOKING - Conference Center Related Services Contact: 3eanette, Owner Employ Approximate: 8 Employees during year (1 full time) Gives 12 Paid Days Off NO Health Benefits Full time: $10.00 to $11.50, part time: $10.00, Temporary: $10.00 ZACK'S CATERING - Catering Services Contact: Georgia, Owner Catering business is combined with the Restaurant payroll. Catering portion uses three people (owner, Event Coordinator, Cook). Coordinator and Cook are paid over $10.00 hour. NO 12 Paid Days Off NO Health Benefits SUNSET LINEN - Laundry Services Contact: Angela, Secretary More than 10 full-time employees 4 Holidays & 5 Vacation Days after one year, No Sick Leave. YES Health Benefits Full time: $15.00 CLARK PEST CONTROL- Pest Control Contact: .leannie, Office Supervisor More than 10 full-time Employees (30) YES 12 Paid Days Off (No Personal) YES Health Benefits Full time: $8.75 (minimum) UKIAH GOLF COURSE - Golf Course Services Contact: .left, Head Golf Professional Employs Approximately: 7 Employees during year (2 Full time) Gives 10 Paid Days Off & Allows for Sick & Personal Days NO Health Benefits Full time: $1,800 per month ($11.25 hr) to $2,500 per month ($15.63 hr) Part time: Minimum Wage PROFESSIONAL EVENTS SERVTCES- Security Guards Contact: Darlene, Bookkeeper Employs Approximately: 80-90 part-time employees NO Paid Days Off Page 4 NO Health Benefits Part time: Minimum Wage up to $10.00 COMPUTER SCENE - Technology Service Contact: Alec, Owner Employs 1 full time YES Health Benefits Full time: $8.75 (minimum) UKIAH SOLID WASTE SYSTEMS- Refuse and Recycling Contact: Jim, Operations Manager Employ Approximately: 15 full time Gives 7 Paid Days off (Vacation & Holidays) First Year 10 Days Vacation Second Year & 2 Holidays YES Health Benefits FIVE Paid Under $8.75 - Would increase if required; may require rate increase. A summary table of the above information is provided as Attachment #4. Survey of Cities CITY OF CORVALLIS Responsible Administrator: Director of Finance - Nancy Brewer Compliance is voluntary. Philosophy: To Trust People, Employers are not out to lie, cheat, until evidence of such is presented, assume honesty. Contracts over $10,000 have language "Declaring Compliance." No complaints have been filed. C1TY OF OAKLAND Responsible Administrator: Contract Compliance Officer- Vivian Inman This position was created to monitor the "Living Wage Ordinance," going to hire a part-time person too. Based on cumulative contracts - $25,000 Has created a Data Base to keep track of service contractors. When $25,000 is reached, must comply with "living wage" not on prior contracts. Requests pay check stubs, payroll records. The first fiscal year office issued 143 contracts, 19 did not deal with the living wage issue. Living wage contract percentage: 86.71%. Page 5 One Non Profit had to increase wages for a student, 30 Security Guards went from minimum wage to $9.25, and 18 Parking Lot Attendants who were receiving $6 to $7 per hour received medical benefits. Survey Conclusions 1. Host service businesses contacted that do not provide health benefits pay the higher wage that would be required by the ordinance with the exception of Solid Wastes Systems and the security guards. 2. Host full-time employee wages meet the minimum of $8.75 when there are no corresponding health benefits provided. Some part-time employees start at minimum wage of $6.25. Twelve paid days off annually are not consistent with the businesses. City of Corvallis living wage ordinance has voluntary compliance and the City of Oakland created a full-time position to monitor its ordinance and will be hiring a part-time person to assist. . City Financial Assistance Recipients (CFARs) There are many entities that may be considered CFARs, however, only two who would be impacted by these regulations because of the identified criteria. The Chamber of Commerce, Ukiah Main Street Program, and Economic Development and Financing Corporation each have fewer than ten employees. The numerous Community Based Organizations to whom the City provides assistance each receive less than the annual financial threshold. The Ford Street Project (FSP) and Ukiah Community Center (UCC) both have ten or more employees and receive more than $10,000 per year through the Federal Emergency Shelter Program (FESG), occasional Community Development Block Grant (CDBG), and Redevelopment Housing funds. FSP has a total of 57 employees, 19 who earn less than the hourly rate criteria, and 20 who are part of Caltrans or Vocational Education programs, training efforts in which the City is not involved. Compliance with the living wage provisions would cost in excess of $36,000 per year. Statements from FSP administration indicate that increasing the hourly rate to meet the criteria stated would have a significant impact on its ability to provide current services. UCC has ten employees, four of whom are not paid the minimum. The raise in rate would result in a $6,600 annual increase and result in decreased services. Attachment #2 is a letter from the UCC Board of Directors stating its concern regarding the living wage matter. The unique issue with CFARs is that the substantial funds received by these entities are not really City funds. The grants received by the City and basically "passed through" to the applicable agencies are federal and state monies that would not come to this community without the efforts of the individual organizations. The services provided are designed to meet regional and national social goals which local governments do not have the resources or the legislative authority to address. The imposition of local wage constraints would appear to be preempted by federal and state mandates. Since many of these programs have their own caps on available funding, higher salary costs will equate to fewer employees or reduced services in some other manner. These types of programs Page 6 do not have the ability, like the private sector, to merely increase revenue if that is needed to meet increased personnel costs. It should also be noted that FSP and UCC could apply directly to the State for FESG funding and not involve the City at all. The City has served as the conduit for this program to eliminate possible perceived local funding competition and reduce the time necessary for financial reimbursement. The Redevelopment funding is used primarily for direct housing assistance to needy individuals or families. Tncreased salary costs will reduce the amount available for vouchers or other specific help to the consumer. Staff recommends that CFARs not be inCluded in any living wage provisions since the City really has no control over the services provided or the available funding from outside sources, and the funding is generally a "pass through." :l:mpact on City In speaking with representatives of several other cities that have enacted a Jiving wage ordinance, the response on impact varied by city. The City of Corvallis's philosophy is to trust people, that employers are not out to lie and that it will trust the employers until they have demonstrated otherwise. Therefore, compliance is voluntary. The City of Oakland, however, has created a position to monitor and audit the living wage ordinance requirements, including requiring extensive reporting and payroll data from the businesses involved with the City. It has created a database to keep track of the service contractors and review payroll records. :It is currently in the process of hiring an additional employee to assist in monitoring the ordinance due to the current impact on the staff who was hired for this function. Neither city has experienced substantial problems with businesses not complying, however, the City of Oakland did have a potential issue with its Parking Lot attendant contract that has now been resolved. The impact to the City of Ukiah staff will be in direct correlation to monitoring requirements as financial audits of each contractor involved with the City will have to be reviewed, not only on an annual basis but also during the year depending on when the cap is reached. If compliance is voluntary, then staff time would be restricted and could be handled initially by a part-time employee to set up forms, documentation, brochures, and other initial enactment procedures. Another impact that would be of concern is the potential reduction of local service providers who choose not to bid on City RFPs due to the living wage requirements. Sonoma County businesses may be more inclined to bid as wages are typically higher in the counties south of us. External ]:mpacl:s Businesses: As indicated from our survey, there are few businesses currently providing service for the City of Ukiah that would be impacted by this ordinance. This, of course, could change with shifts in the economy and competition in the various services provided. The immediate impact to the business will be increased cost. A business can either raise its fees to its customers in general or just to the City of Ukiah, reduce its number of employees to make up for the differential in cost, or choose not to deal with the City (at least Page 7 over a $:~0,000 a year service level). Some businesses may have such a small impact, such as raising the hourly wage of one employee, that it will not need at this time to pass along these costs to the public. :In addition, a business must determine if increasing its rates in order to do business with the City will affect its competitiveness with other businesses that do not do business with the City and how that will affect its economic position. This will also depend on the percentage of service a business provides to other customers besides the City of Ukiah. Citizens: If a business providing service to the City of Ukiah must raise its rates in order to provide a higher wage level for its employees affected by the living wage ordinance, the City can increase the cost to the General Fund or cut other programs or services to maintain the current cost revenue ratio of the General Fund. If the business increases its rates to the general public, the taxpayers will not only be receiving the impact from the City, but also in what it is paying to the local business as they receive direct services. It would seem the most prudent approach would be for a business to only charge the City for the additional cost, as it would become less competitive in the marketplace if it applied the same cost ratio against its competition. There are circumstances, however, where the two are intricately combined, such as with Solid Wastes Systems, Inc. This is a franchise garbage hauler for the City that serves our citizens and there are no competitors within the City limits. Any pass-through expenses would directly be absorbed through the rates. CFAR: As indicated by the survey on CFARs, the living wage ordinance would have a direct impact on the two current CFARs such that they would have to reduce their number of employees and, therefore, service. Since these are non-profit organizations, every dollar that goes to increase wages is reduced from dollars available for services. There may be grant opportunities or other funding sources to make up the difference, but as the annual increase cost expands, there would be more difficulty in finding alternative sources of funding. A letter from the Ukiah Community Center is included for Council's consideration. Employees who are benefiting from the living wage ordinance: There are varying opinions regarding the direct impact to employees receiving a higher wage. Unfortunately, due to our current federal and state tax structure, an ordinance that would increase the worker's annual gross income by $6,700, as given in one economic analysis example, after consideration of taxes and tax credit, the worker's annual net disposable income would increase by only $5,371. :In addition, for families who are receiving food stamps and Medicaid benefits, there are further reductions in these benefits with the growth in annual income. Correspondingly, families who are not on the Food Stamp and Medicaid Programs will receive the full additional benefit of the wage increase. According to another study, from the September 4, 2000 Bus/ness Week, the minimal job losses are more than compensated for by significant income gains among the lowest paid workers. Page 8 Conclusion Staff has attempted to provide Council with relevant data, issues, and analysis relative to the impacts of a living wage ordinance. The direct impact on the City, if the requirements of the living wage were imposed on our part-timers, would be an approximate increase of $55,600 in the first year to the General Fund. This calculation includes the seasonal pool and day camp workers. All full-time positions are above the minimum standards of the proposed policy. The analysis of a living wage ordinance is extremely complex. Though several potential impacts have been analyzed and discussed by staff, there are obviously other resultant impacts of such complexity that it is impossible for a complete analysis of the trickle-down affect of such a policy. We have provided several study summaries from other cities on the cost/benefit results of the living wage ordinance in their cities (Attachment #6). As expected, the viewpoints vary by study. In Chicago, the cost impacts were such that it did not adopt the ordinance while in other cities the impact has been seen as negligible. The City Attorney has included an opinion on the legality of a living wage ordinance (Attachment #5). The results of our service contractor survey would indicate that there are many providers of City services who are already providing the recommended hourly wage, dependent upon whether health benefits are provided as proposed in Councilmember Baldwin's living wage ordinance. The real issue revolves around a political statement that is coming from the local level to state and federal government. Some cities are raising the issue that it feels the minimum wage should be increased or there should be tax considerations for people at lower incomes to be able to provide a more livable standard across the nation. It is not until the federal government makes such a decision that this type of policy will really have an impact on those struggling to make ends meet. If the Council chooses to go forward with adoption of such an ordinance, staff would request to reduce staff time and administrative costs, the requirements be based on the honesty system, where compliance is voluntary, and that the CFARs are exempt from the policy. 4:Can:Asrwage.301 Page 9 August 12, 2000 Dear Fellow Councilmembers, Each of us lives in contented comfort during this unparalleled economic boom, as do most Ukiah families. However, a significant percentage of Ukiah citizens who work full time have not benefited from the surging economy, in fact many hard working residents here have lost ground and regularly struggle to make ends meet. These two proposals represent one small step to include the Golden Rule in local public policy. Upon adoption, they will also establish the guarantee that City privatization of service and tax subsidy to business never promote wages leaving families destitute at the end of the month. The draft Living Wage Ordinance states that City financial assistance recipients receiving more than $10,000 and private service providers to the City with contracts of $10,000 or more must pay a wage of $8.75 per hour with health coverage or $10.00 per hour without such insurance. The proposal also calls for contractors and financial recipients to provide at least twelve days compensated days off yearly. Exempted from the Living Wage Ordinance are benefiting businesses employing fewer than five workers. The draft' calls for yearly adjustment upward of the wage based on changes in the consumer price index. A second measure would provide a $5,000 bidding preference for "Eligible Local Businesses" seeking contracts to supply the City with equipment and services. The draft definition of Eligible Local Business includes the requirement that "the majority of its work force, including subsidiaries, is employed in Mendocino County" and that the business pays employees $8.75 per hour with health coverage or $10.00 without. Additionally, the business seeking the bidding preference must verify it meets "all requirements of zoning and sign ordinances as well as building and use permits while utilizing maximum recycling capability of the local waste hauler." It seems obvious that inadequate compensation often fails to provide employees with resources sufficient to afford a decent life in our community. The recent report presented to our Council entitled Hunger in Mendocino County points out that for thirty percent of food bank recipients a job is their chief source of income. We know that underpaying employees fosters high turnover, absenteeism and lackluster performance. On the other hand a City of Ukiah commitment to an adequate wage scale for contracted providers will enhance the quantity and quality of services b~ such employees to our community. Adequate compensation by our private providers will also increase productivity, efficiency, workplace stability, and good citizenship While the anti-government forces in Sacramento continue to deny us the fight to manage fiscal policy with democratically determined just local taxation, we can enact these ordinances and, thereby, take a stand against the increasing disparity between rich and working poor in our community. If we believe the ideals of the Declaration of Independence and the Sermon on the Mount should be more than breeze shooting, romantic prose, we must act as a community to to encourage a Living Wage. During our consideration of these proposals we might keep in mind Deuteronomy 24:21 "Thou Shalt Not Oppress a Hired Servant that is Poor and Needy." Sincerely, Phil Baldwin Is This Living Wage Proposal Sufficient? 1. 2, e $8.75 per hour is $350 each week, $1,400 per month, or $16,000 per year ,before taxes and other payroll deductions. Allowing for take home reduction with one exemption claimed (federal & state taxes, social security, Medicare) of 16% of monthly pay ($225) that leaves our employee serving the City just ,$11,75 to live o,n each month. Possible (9.) monthly budget on this "Living" Wage (not accounting for rental deposit, last month rent, car payment, car insurance, retirement payments, or medical (doctor and drug) co~ payments, or credit purchase payments. Rent: $425 Food: $450 Phone: $ 40 Gas: $ 15 Electric: $ 60 MTA Transportation: $ 40 Cable Television: $ 30 Toiletries & Incidentals $ 50 Clothing: $ 20 Insurance, Savings, Emergencies, Entertainment $ 45 Income and Wealth Disparity: *Top 5% (of U.S. households) now owns 70% of America's wealth. *CEO' s today make 326 times factory worker's pay (in 1965 it was only 44 times greater) *Average CEO makes 728 times more than a minimum wage worker in U.S. *CEO vs. worker pay differential in U.S. greater than in all industrialized nations Mendocino County Figures: *30% of those applying here for food assistance report that their chief source of income is a job. *Mendocino County ranks 26th among 52 counties in per capita income; Humboldt is 32nd Sonoma is 11 th. *Median monthly household income in Mendocino County is $2,614 *Percentage of Mendocino County Businesses with fewer than five employees: 67% (2,572) *Percentage of Mendocino County Businesses with more than four employees: 33%(1250) Ukiah City Etnployee Lowest Rate of Pay: $12.80 per hour UKIA H COMMUNITy CENTER March 12, 2001 888 North State Street, Ukiah, CA 95482 · (707) 462-8879 · FAX 462-0654 Crisis Line: 463-HELP, 1-800-575-HELP · Food Bank: (707) 463-2409 Ms. Candace Horsley Ukiah City Manager 300 Seminary St. Ukiah, CA 95482 Dear Ms. Horsley: I am writing to you to address the Living Wage issue that will be discussed at the City Council's meeting on March 21, 2001. As you know, the Ukiah Community Center receives funding from the City of Ukiah directly, and receives funding from the Federal government thru the City. Because of this, we would fall under the guidelines of the proposed living wage ordinance and would be required to comply with the new wage and benefit requirements were the ordinance passed. Although this ordinance would indeed be beneficial to some employees, it would be a challenge to the Ukiah Community Center as an agency. The impacts of complying with this new ordinance would translate into a redesign of the agency-wide salary structure, which would have an impact on the organization's budget. Program services would also be affected. As an nonprofit agency and not a for-profit business we are totally dependant on donations and grants, each one coming with its own limits, rules, and. We cannot adjust our income in the same way that a revenue-generating business can. Because of this, the UCC could not afford to maintain its current level of services and staffing and comply with the wage ordinance unless additional funds, perhaps from the City of Ukiah, were secured. The Ukiah Community Center will, of course, comply with the new ordinance should it be passed, but we feel it is important for the city to understand the full impact it would have on our small agency. Please feel free to contact me at 463-0266, or Laura Golino de Lovato, UCC Executive Director at 462-8879, should you have any questions or require further input on this matter. Sincerely UCC Board of Directors United Way Agency Providing Crisis, Emergency and Community Service since 1971. Mendocino County Employers Council 597-B South Main Street Ukiah, CA 95482 Telephone: (707)462-5021 E-mail: abel~saber.net Fax: (707)462-0318 Ms. Candice Horsley City Manager City of Ukiah 300 Seminary Street Ukiah, CA 95482 06 September 2000 Dear Ms. Horsley--- As you know, MCEC has a continuing interest in the concept of a "Mandated Wage" also referred to as a "Living Wage". Since this proposal has been presented to the Ukiah City Council and referred to your office for a report, we are formally requesting all information relating to the report when it is presented. Please let us know when you anticipate a report and recommendation back to the Council. Any other information relative to this issue will be appreciated. Thank you for your ongoing assistance and service to the community. Sincerely, A1 Beltrami Attachment 4 SUI~II~IARY OF BUSI~NESS SURVEY RESULTS BUSINESS CONTACT 10 + 12 PAID HEALTH SALARY EMPLOYEES LEAVE DAYS BENEFITS INFO. Jeanette's County Owner 8, 1 F.T. 12 No F.T.=$10 to $11.50 Cooking (Conf. Ctr. P.T.=$10 Related Services) Temp.=S10 Zack's Catering Owner 10 No None Total Restaurant payroll = (Catering Service) 10 employees, catering alone is Coordinator and Cook who make $10 p.h. Other restaurant employees get $6.75 plus tips. Sunset Line Secretary Yes 4 holidays, 5 Yes F.T. Driver = $15 (Laundry Service) vacation, no sick Clark Pest Control Office 30 Yes Yes F.T. = $8.75 (minimum) (Pest Control) Supervisor Ukiah Golf Course Golf Pro 7, 2 F.T. 10 paid days No F.T.=$11.25-$15.63 p.h. (Golf Course Service) off, allows for P.T. =Minimum wage sick and personal days Prof. Events Services Bookkeeper 80-90 P.T. No No P.T.=Minimum wage to $10 (Security Guards) p.h. Computer Scene Owner 1 F.T. Information Yes F.T.=$8.75 minimum (Technology Service) not provided Solid Wastes Systems Owner 15 F.T. 1st year = 7 Yes 5 paid under $8.75, would (Refuse and days off, increase if required; may Recycling) 2nayear = 10 require rate increase days vacation & 2 holidays 4:Can. Cfars.301 Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson TO: FROM: DATE: SUBJECT: MEMORANDUM Candace Horsley, City Manager /~/ David J. Rapport, City Attorney~ March 13, 2001 Living Wage Ordinance (707) 462-6846 FAX 462-4235 You have asked whether the City has the legal authority to adopt a living wage ordinance of the type proposed by Council member Phil Baldwin. You have also asked what types of information businesses subject to the requirements of the ordinance would have to provide or make available to the City in order for the City to enforce the ordinance, and whether any of that information requires protection from public disclosure as proprietary information. CONCLUSION In my opinion the City has the legal authority to adopt the ordinance. It is more likely than not that adoption would not violate any state or federal statute or statutory scheme or the California or United States Constitutions. As is done under prevailing wage laws, the City could require any business subject to the living wage ordinance to maintain certified payroll records which would be subject to inspection by the City and the employees of the business. If the City for any reason received copies of these records, they would most likely be exempt from public disclosure as personnel, medical or similar files the disclosure of which would constitute an unwarranted invasion of personal privacy. ANALYSIS Based on the same analysis contained in my memorandum to the City Council, regarding leaf blowers, a living wage ordinance comes within the local police power of a city and would S:\LKMemos01 ~LivingWAGE.wpd March 13,200 i Memorandum to Horsley Subject: Living Wage Ordinance Date: March 12, 2001 Page 2 withstand challenges based on the due process, equal protection and commerce clauses in the U.S. Constitution, and the equal protection and due process clauses in the California Constitution. l Significantly, I have found no reported decision in any state or federal court challenging the legality of a living wage ordinance, even though it has been estimated in 1999 that more than 30 local governments around the country have adopted living wage ordinances2. A living wage ordinance creates a special minimum wage for contractors of and other private businesses receiving specific economic benefits from the cities which adopt it. In my opinion, however, the federal and state laws which provide for a minimum wage would not preempt the City from adopting such an ordinance. In Pacific Merchants Shipping Ass'n v. Aubry (9th Cir. 1990) 918 F.2d 1409, 1420, the federal court of appeal for the Ninth Circuit held that the federal Fair Labor Standards Act ("FLSA")3 did not preempt the State of California's Industrial Welfare Commission from adopting minimum wage and overtime rules which are more generous to employees than the federal standards under the FLSA. Similarly, the state courts have held that the National Labor Relations Act does not preempt the state from adopting minimum wage laws.4 The reasoning of these cases applies to the state's wage and hour rulings as well. As long as a city adopts rules that are more generous to employees than the state minimum wage requirements, the state wage and hours laws do not preempt the city's rules. Monitoring the amounts paid employees providing services under contracts with a public agency ~See Memorandum to City Council regarding leaf blowers, dated December 14, 2000, attached hereto. 2Economic analysis of Living Wage Ordinance, Employment Policies Institute (July 1999), Tolley, Bemstein, Leage, p. 2. 329 U.S.C. {}201 et seq. 4 People v. Hwang (1994) 25 Cal.App.4th 1168. See, also, Industrial Welfare Commission v. Superior Court and California Hotel and Motel Association (1980) 27 Cal.3d 690. S:\UXMemos01 \LivingWAGE.wpd March 12, 2001 Memorandum to Horsley Subject: Living Wage Ordinance Date: March 12, 2001 Page 3 is not unusual. This is done under California's prevailing wage law, for example? Similar requirements are imposed on federal contractors under the Davis-Bacon Act.6 Under these types of laws, certified payroll records must be available at the contractor's and each subcontractor's principal office for inspection by the contracting agency, the Department of Industrial Relations, or the contractor's workers and the contractor must notify the public agency of any change in the records' location within five working days.7 If the City required copies of these records for monitoring or enforcement purposes, they should be exempt from public disclosure under Government Code Section 6254(c) as: "Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy." I hope this answers the questions that you had. If need additional information, please let me know. 5Division 2, Part 7 of the Labor Code, commencing with Section 1720. 6 40 U.S.C. § 276a et seq. 7 See, e.g., Labor Code § 1776(h) S:\U~temos01\LivingWAGE.wpd March 12, 2001 f Bill ~tea's monopoly.md forever change the fret-paced world of high technology. New Yod Ti~res corresponclems .~. Joel Btinkley and Steve Lola' .:.:.~.::ipmwde t~e ~r~t dnu~nc ~Unt'of bow the monum~ual · '.'antitrust ~ unfoldecl~from'" · ...,.~.~'. . the courtroom sparring and judicial £mdlngs co the f~led settlement talks and the decision to break up ' ' :':":" '" ' "' ..... ",':"~'i~':'~ ';:;:",'"' ' · ' ' '' ,' -:'.,;'.'.'.-J",'~';~: . .. . . , ..~.,...... . TO ECONOMICS ,, WHAT'S SO BAD ABOUT A LIVING WAGE? paying above the minimum seems to do more good than harm Juana Zatarin lives in .~~,t that rumbles jumbo jet lands at Los Augeks In- t~rnatiunal Airport~ But lif~ ~ k~king up fox- the 44-year-old mother ~ ~e, who works as a baggage scree~r at the al/port. Ttum~ to ~ a~' so. egll~l liv~g.wage l~w, which city eunteaetox~ to p~y employees a imam of ~8.~ an hour, Fatarin's salary has jtu~p~ near~ ~ ~n She w~ ~ some $18,000 tl~ yea~, putting her above the red.nd poverty line for a famil~ for the first time in years. Ti~ sum- for the fn'st time since 19~. "I'm mom relaxed now thgt I can make ~ pay- ments,~ she says_ G~ ~USfNE$S W~EK / SEPTEM{~ER a. 2000 While most mainstream eeonomis~ would la~ ~'s good fortune, they typieally d~pp~ve of hw~ that ~e ~ ~ m~ ~et~ to ~y ~e~ ~e~ m~ ~ ~y ~t of ~ve~y, Ever ~ee B~~ p~d the ~ su~ ~~ ~ 1~, ~n~ ~ ~ve d~d~ ~m ~ ~t~e th~ the f~em] mi~mum-wa~ law, wM~ ~y ~lieve fO~es employem ~ ~ jo~. Now t~ ~ew ~ e~~. A s~l hut ~~ ~y of a~e~c r~eh ~~ ~ ~g-w~ ~ws do mom ~ t~ h~ ~ ~, ~ey ~ve ~ ~e, ff ~y, c~ ~ the ~ ~ties ~t ~ve ~ the~ ~e sm~ ~d. ~d they ~ve led to few job ~d ~ve !~ ~y fa~i~ out of II poverty. "I'm no longer mealy to miss these poHciez o~ o~ hm~l,' David N eumark, ~ ~ S~e Uni- eently pubUshed emphdcal research showing a posilive overall ~ ~f h'v- lng-wage lawn mun~aon to the H'H. ng-wage which ha~ steadily gained momeeaun ~ee its initial ~ succe~ (t~e). Advocates, mostly ~ssroots religious and labor grou~ are ?~h/ng far new ~ m more ~han 70 c/ties and a dozen states. The -~ucce~s of l/v/rig-wage ordi- nances alzo may sp~r '.'", aince the laws show little adverse job pact even from pay levels of up to $10.75 ~ hour in San Jo~e, v~. the federal mini- mum of $5,I5. #o I.o~$. The new research shows that living-wage laws don't ca~e many job losses becauze em- ployer~ lemm to live w/th them by trim- ming profit margins and finding efl~der~y gains from improved morale and lower turnover. Unlike the federal ~,,m which cover~ most worker~ livir~-~ ordinances apply only to employees of Ealtimore, Lo= Angeles, ~ Detroit found no evidence of job loases. Ne~mark's research, wh/ch trol lrroup of c/ties witho~ them,//ads minimal job losses, which are mc~e than compensated for by dgnifieant imeome gains amon~g the lowest-paid worker~. Even higher taxes aren~ a outcome. In Baltimore, city have r~en less than in~ g% a year--mostly because contractor profit margins declined, according to a study by the Economic Policy a Washington ~hink taalc The findings are analogous to a new perspective on minimum wages that emerged in the mid-1990s. Back then, several economists challenged conven- tional thinking with studies that found little or no job loss'from idgher mini- mum-wage level-,, at ~ in a growing economy I~e the U.& b e~oying teddy. However, since 1997, continued opl~si- tion from small busim~ and congres- sional Republicans has blocked increas- lY the same, the success o~ the former imun~ Already, Representative Luis V. $9, $10 in ZOO1, I~.S 2.5% yesrty Gutie,-mz (D-m) Ires introduced a living- wage bin for federal service contracts. 'qPuring a period of prosperity, when people are ~ in ~ aeer working a fu~ doy, paying a living wage is ~ bndc matter of fn~rness,' asserts Jen Kern, a director at the Association of Communi. ty Organizations for Reform Now (ACORn), a Wz~hingt~ advocacy group. Opponents disagree. Busine~ groups argue that a living wage would be more expensive in a down economy and more diaruptive ff applied nationally, or even to workers not employed by city con. ~rac~rs. For example, the Sauta Moni- ca Chamber of Oommer~ argues that a proposed $10.69-an-hour living wage, which would apply to all companies in the city's coastal tourist zone, would force local businesses to close. Still, those arguments may carry {ess clout now that so many other cities have passed living-wage laws--and escaped the Hire cons~quel~ce~. By St~ve~ W. Br~/~ in Los A-~s TOTRL P.03 Employment Policies Institute Economic Analysis of a Living Wage Ordinance Page 1 of 3 Economic Analysis of a Living Wage Ordinance by George Tolley, University of Chicago, Peter Bernstein, DePaul University and Michael D. Lesage, RCF Economic & Financial Consulting, July 1999 Downloadable PDF version: tolley.pdf [108k] Executive Summary "If you get all the facts, your judgement can be right; if you don't get all the facts, it can't be right. "Bernard Baruch Decisions made without proper information risk serious consequences. Nowhere is this more true than in public policy. Nonetheless, city councils across the country are now making decisions on one of the hottest public policy concepts in memory -- the "living wage" -- without access to the facts that would form the basis of sound public policy. The "living wage" movement is active in more than 70 cities and at least 39 states. Typically, living wage advocates push for a super-high minimum wage -- between 50% and 150% higher than the federal minimum wage -- for city contractors or employers who receive special treatment from a city/county. More than 30 major cities have already implemented a living wage requirement, with passage expected soon in many other jurisdictions. To date, few economists have had the opportunity to study the living wage. The authors of this report, Dr. George Tolley, Peter Bemstein and Michael Lesage, have blazed a trail that other researchers can now follow. The methodology employed by the authors provides information essential to any informed decision on the living wage. Findings This study was originally presented to the Chicago City Council in July 1996. At the time, the Council was considering a "living wage" ordinance calling for a 79% minimum wage hike for employees of city contractors and firms that received municipal tax breaks. The results of this study were alarming: · The ordinance would cost the city nearly $20 million per year. The city would spend more than 20% of this amount ($4.2 million) on the administrative costs of certification, monitoring, and enforcement of the ordinance. This $20 million cost would require a permanent tax increase on citizens of Chicago. · Labor costs among affected firms would rise by $37.5 million. This amount does not include additional administrative costs employers would incur in submitting payroll data and other paperwork to the city, or in determining which workers (if any) would be covered by the ordinance. Even firms that already paid more than the wage called for in the ordinance would bear the ongoing costs of proving their compliance. · The city could expect at least 1,300 lost jobs as a result of the ordinance. · On a per-employee basis, the costs of the proposal could total more than $7,000. However, an affected full-time worker supporting a family would see his or her disposable income rise by less than $1,900 under the ordinance. Meanwhile, the federal government would "gain" more than $4,400 (much of it from increased payroll and income taxes), and the state government would "gain" more than $900. · The living wage ordinance would result in pay increases for about 8,470 workers. However, the authors point out that many of these workers were not in poverty to begin with. Nationwide, more than 70% of workers with wages below $7.50 live in households with incomes well above the poverty line for a family of four. Thus, while more than 8,400 workers in Chicago would get a raise, http://www.epionline.org/tolley.htm 3/12/01 Employment Policies Institute[ Economic Analysis of a Living Wage Ordinance Page 2 of 3 the number actually pulled out of poverty would be much smaller -- despite tens of millions of dollars in new costs to the city. Moreover, the authors note that many of the 1,300 people who would lose their jobs could fall into poverty. When presented with these facts, the Chicago City Council shelved the living wage proposal. Advocates of the policy later convinced the City Council to accept a less extensive version of the living wage proposal. City officials estimated this second proposal would cost the city as much as $4 million. Current Perspective This is perhaps the most comprehensive study of the living wage yet produced. It provides a clear outline of concerns that officials in other municipalities should consider. Among these concerns: Overall cost: this study suggests that even a modest proposal easily stretches the cost into the millions of dollars. · Efficiency of the policy: this study suggests the living wage is a grossly inefficient use of city resources if the goal is to help family heads increase their income. Analyzing the true impact on family income means incorporating federal and state income taxes, FICA taxes, reductions in the Earned Income Credit, and reduced food stamp and Medicaid benefits. · Job loss: employment reductions among the least skilled can be estimated and should be considered prior to passage of a living wage ordinance. While the magnitude of these results will vary by locality, there are two reasons why one could reasonably suggest that the numbers in this study underestimate the potential impact in many cities. First, depending on how it is enforced, the ordinance could cover many employers who were not covered by this study. The study does not include subcontractors of firms that benefit directly from city assistance. For instance, the study covers building developers who receive city assistance, but not the building management company or janitorial service hired by the developer to maintain the building. Moreover, the study does not include small businesses located in buildings sold by the city at a discounted price -- arguably a form of city assistance. The study does not include manufacturing firms which sell equipment to the city, though the entire assembly lines of such firms could be covered under the 1996 ordinance proposed in Chicago. And the study does not include future reductions in job creation as employers decide whether to expand their operations in, or business with, the city of Chicago. Adding these elements to the analysis would clearly produce substantial increases in the total cost estimates. Second, the authors studied a proposed 79% increase in the minimum wage for certain employers in Chicago. Some current living wage initiatives call for wage increases that are larger. In California, the city of San Jose recently passed a living wage ordinance that carries a wage rate 87% higher than the state's current minimum wage and 109% above the federal minimum wage rate. In San Francisco, living wage proponents originally sought a wage rate that was 152% higher than the applicable minimum wage. Almost all of the 70+ living wage ordinances proposed so far call for wage rates that are at least 41% above the current federal minimum wage. While living wage proposals vary on specific points, the structure of the Chicago proposal studied here is not uncommon. Similar initiatives are being considered in or have passed in areas as diverse as Los Angeles, CA; Montgomery County, MD; Madison, WI; Detroit, MI; Hartford, CT; and Oakland, CA. Conclusion The authors provide a comprehensive model for other cities to utilize in determining the potential local impact of a living wage in their respective cities. City officials currently considering a living wage ordinance should employ a credible method to weigh these potential costs against the arguments of living wage advocates before making their decisions. The Employment Policies Institute has worked with George Tolley, Peter Bernstein and Michael Lesage to publish this report so that policy makers across the nation will have access to at least one proven model for studying this issue and developing critical information that will support sound public policy. http ://www.epionline.org/tolley.htm 3/12/01 Living Wage Ordinance - Full Report Page 1 of 33 THE IMPACT OF A LIVING WAGE ORDINANCE ON MIAMI-DADE COUNTY By Bruce Nissen. with the assistance of Peter Cattan FIU Center for Labor Research and Studies October 23.1998 PREVIOUS RESEARCH ON LIVING WAGE ORDINANCES By far the most important research on the effects of living wage ordinances would be studies of the actual consequences of ordinances already passed. Studies of likely future consequences by necessity must rely on assumptions which rnay or may not approximate actual conditions. Depending on the researcher's bias, the likely effects can be made to appear wonderful or fearsome, simply by shifting assumptions. While good academic researchers strive to avoid all bias in their research, it is nevertheless impossible to avoid the use of assumptions and theoretical frameworks which are less than proven. Therefore "after-the-fact" investigations are the most informative, particularly in relatively new fields where a great deal of previous empirical research does not exist. There are only two studies of the subsequent impact of a living wage ordinance, both looking at the impact of the Baltimore ordinance. The 1994 Baltimore ordinance mandated a minimum hourly wage of $6.10 for anyone working on a city service contract, going up in stages to $7.70 by January 1999. In October 1996 the Preamble Center for Public Policy, a Washington D.C.-based research center, conducted a study of the impact after one year. (Weisbrot and Sforza-Roderick, 1996) The study found evidence supporting nearly all of the claims of living wage proponents, and was unable to find any of the negative consequences predicted by opponents. The study's main findings were: * The real cost of city contracts actually decreased after the ordinance went into effect. For the average contract (weighted by its share in the sample), this decline was statistically significant. http://www.fiu.edu/---clrs/index/living_wage_full.html 3/9/01 Living Wage Ordinance - Full Report Page 3 of 33 * Of companies interviewed that held contracts before and after enactment of the law, none reported reducing staffing levels in response to the higher wage requirements. * The cost to taxpayers of compliance has been minimal, with the city allocating about 17 cents per person annually for this purpose. * The average number of bids per contract declined from 1994 to 1995, but this decline was not statistically significant, nor did it affect the competitiveness of the bidding process as manifested in actual contract costs. * There is no evidence that businesses have responded negatively to the passage of the ordinance. In fact, the value of business investment in the City of Baltirnore actually increased substantially in the year after passage of the law. While some of these results may seem to be counter-intuitive, they are nevertheless factual. The decreased cost of contracts, for example, is probably not caused by increased labor costs in those contracts. But any increased labor costs were swamped by other factors or events which made the final cost go down. It is worth noting that the study made no attempt to measure most of the benefits of the living wage ordinance, such as cost savings due to decreased use of government public assistance programs or increased spending due to higher incomes. It does speculate that higher wages resulted in efficiency gains, noting that many contractors stressed that labor turnover dropped following the ordinance. Lower turnover leads to productivity increases which could offset all or part of the increased labor costs. The second study of the effects of the living wage ordinance in Baltimore was conducted by the Economic Policy Institute in Washington, D.C. (Niedt, Ruiters, Wise, and Schoenberger, 1997) It studied the ordinance after two years of operation, and arrived at conclusions similar to those of the previous study. They found that, after two years, the cost to the city of the service contracts went up 1.2%, which was less than the inflation rate. In other words, the real cost actually declined despite the increase in wage rates. Their report is considerably more detailed than the previous one, and it addresses a number of new questions regarding part time and full time employment, large vs. small contractors, etc. But their overall conclusions, as given in the executive summary, are as follows: * The living wage ordinance has had positive effects on a relatively small number of workers in Baltimore without significant financial cost to the City. * Due to the prevalence of part-time and seasonal work, however, living wages do not always amount to living incomes. Greater consideration must be given to increasing and stabilizing hours worked. * The small financial impact on the city suggests that living wages could be paid more generally in the private and non-profit sectors with a relatively Iow impact on costs and competitiveness. * Evidence suggests that higher wages and hours improve the stability and reliability of the workforce. * Non-compliance in terms of paying the living wage and/or providing adequate payroll documentation remains a significant problem, affecting the impact of the living wage ordinance and http ://www.fiu.edu/-clrs/index/living_wage_full.html 3/9/01 Living Wage Ordinance - Full Report Page 4 of 33 our ability to analyze that impact. * The benefits of the living wage may be threatened by the effects of welfare reform. In SUlnmary, the two studies that have been done examining the actual effects of a living wage ordinance have arrived at extremely positive conclusions. None of the predicted negative outcomes materialized, while a good many of the predicted positive outcomes were in evidence. This is extremely important evidence; it parallels recent empirical research questioning the economic dogma that an increase in the lninimum wage leads to loss of low wage employment. (See Card and Krueger in the bibliography). However it is important to note that the level of wage increases, on a yearly basis, in the Baltimore ordinance are fairly small. Perhaps much more substantial increases, such as those envisioned in the proposed Miami-Dade ordinance, would have larger and more important effects that would include negative ones. Therefore the Baltimore evidence does not provide definitive answers to questions about the proposed Miami-Dade ordinance, but it does provide extremely strong evidence that the strongest, and most ideological, arguments against a living wage ordinance are not factually based. A study of the likely impact of a living wage ordinance on Miami-Dade County would be very useful; this report is an attempt to fulfill that need. Throughout, the author attempts to conduct the research with as few assumptions or ideological biases as possible. The report aims to provide a sober assessment of actual benefits and costs, calculated with maximum caution and care. The best data bases available are also used to determine crucial figures. LIKELY COSTS OF A LIVING WAGE ORDINANCE The straight labor cost increases from a living wage ordinance are easier to determine than some of the benefits, which flow back to the county and its residents through numerous economic and governmental channels. Therefore this report calculates increased labor costs first, but the reader is cautioned to wait until the full set of costs and benefits is calculated before judging overall impact. The first task is to determine which of the county contracts would be covered by the proposed ordinance. The author obtained a copy of all county contracts which were in effect during the calendar year 1997 (many, of course, were multi-year contracts extending well before or well beyond the year 1997). Using contract titles as a guide, "service" contracts (as opposed to contracts delivering material goods or in construction) were determined. Of the more than 1800 contracts held by the county, between 300-400 were determined to be totally or primarily for "services". Of these, 266 were determined to be services performed by employers in Miami-Dade County or one of the immediately adjoining counties, thus qualifying for coverage under the proposed ordinance. These 266 contracts cost the county slightly more than $106 million. A few contracts which should have been included may have been l'nissed, or perhaps a few contracts which do not belong were included, but the author is confident that the resulting list is a very close approximation of the local service contracts held with the county in 1997. These 266 contracts were assigned federal SIC (Standard Industrial Classification) numbers to indicate their industry. SIC numbers were double checked by comparing the SIC number assigned to the one given for the contracting company in Dun and Bradstreet "Disclosure" data files, and corrections were made. Each contract was then given a "yearly" cost -- e.g., a $300,000 three year http://www.fiu.edu/-clrs/index/living_wage_full.html 3/9/01 DATF' 1. COMPANY' 2. CONTACT: 3. TITLE: PHONE NO. , , , , , DURING THE CALENDAR YEAR, DO YOU EMPLOY MORE THAN 10 EMPLOYEES ? . , YES or NO FULL TIME: PART TIME: TEMPORARY:'.... DO YOU GIVE YOUR EMPLOYEES 12 PAID DAYS OFF ? - - YES or NO HOLIDAYS: VACATION:'. SICK: PERSONAL DO YOU PROVIDE HEALTH BENEFITS ? YES or NO ARE YOUR EMPLOYEES PAID A MINIMUM OF $8.75 hr (includes Health Benefit) ? YES or NO FULL TIME PART TIME TEMPORARY MINIMUM' MINIMUM: MINIMUM: MAXIMUM: MAXIMUM: MAXIMUM: IF YOU PROVIDED A SERVICE TO THE CITY OF UKIAH, WOULD YOU PAY YOUR EMPLOYEES A MINIMUM OF $10,00 hr (NO Health Benefits) IF IT WAS A REQUIREMENT ? YES or NO City of Corvallis - Living Wage Ordinance Page 1 of 5 ................................. 'Z'?' 2'52-- ~'"2V75'12722 2'/ City of Corvallis Municipal Code Chapter 1.25 Living Wage 1.25.010 Title. This Chapter shall be known and may be cited as the Living Wage Chapter of the City of Corvallis Municipal Code. 1.25.02 Purpose. This Chapter implements the Living Wage initiative 02-80 approved by voters on November 2, 1999. 1.25.030 Definitions. In this Chapter the following definitions shall apply: 1) Apprentice - A person who has completed formal professional training, and is undergoing on-the-job training in an official apprenticeship program prior to being able to work independently; 2) Consumer Price Index/CPI - The Bureau of Labor and Statistics change in the National Consumer Price Index- All Wage Earners (CPI-W). The December, 1999 CPI-W of 165.1 will be the base year; 3) Contract for services - All services provided by a contractor to the City of Corvallis which are for services or work normally offered by a governmental entity. These contracts provide services that directly advance the work of the City of Corvallis. These contracts do not include contracts for the purchase of goods, materials or supplies; 4) Employee - A person working for an employer for whom the employer withholds federal or State income taxes; 5) Financial assistance - Any monies given to any person or organization to provide a service which is not a service normally offered by the City. This includes grants provided through the annual allocation processes to social service agencies and economic development services; http://www.ci.corvallis.or.us/finance/wageord.html 11/30/00 City of Corvallis - Living Wage Ordinance Page 2 of 5 6) Goods - Any tangible item which is expected to be used until depleted or until it no longer has value; materials, supplies, and capital outlay are considered to be goods for the purposes of this Chapter; 7) Intern - A person who receives job training in conjunction with an educational program; interns can be paid or unpaid personnel; 8) Living Wage - A wage, or a combination of wages and health benefits, which totals at least $9 per hour, as adjusted annually by the CPI-W; 9) Medical benefits - A benefit or combination of benefits that provide medical, dental, vision, or long-term disability insurance, or an Internal Revenue Service Chapter 125 cafeteria benefits plan. 10) Small independent contractor - A company owned and operated by not more than five people with no employees other than the owners and operators; 11) Student - A person who spends more than four hours per day in an educational program; 12) Support staff/indirect employees - A person or group of people who provide support services to the contractor and do not work specifically on any given contract; these positions include, but are not limited to, receptionists, secretaries, mail clerks. 13) Volunteer - A person who agrees to work for a government agency or non-profit entity without accepting any remuneration except monies to cover direct out-of-pocket expenses such as mileage or meals; 14) Youth employment - A program where students are hired for temporary work weekdays after school, weekends, or during the summer when school is out of session. 1.25.040 Application of the Living Wage. 1) The "Living Wage" shall apply to employees working for a contractor which has a contract for services in excess of $10,000 in any given 12 month period. If the contract is for multiple years, then the $10,000 threshold shall apply based on the City's fiscal year. 2) The Living Wage shall apply only to contracts for services. Contracts for the purchase of goods are not included. 3) The Living Wage shall apply only to employees of the contractor who actually work on the City's contract, and only during the time that the employee is working on the City's project. 4) The Living Wage shall be adjusted annually by the CPI-W. The annual adjustment will be based on the period from December 31 in one year and ending December 31 of the next successive year. The calculation will be Current Year CPI / Base Year CPI * Base Year Wage = CPI Adjusted Living Wage. The CPI adjustment will go into effect for all wages earned after June 30 of the year following the year of the CPI calculation. 1.25.050 Exceptions. http://www.ci.corvallis.or.us/finance/wageord.html 11/30/00 City of Corvallis - Living Wage Ordinance Page 3 of 5 Exceptions to the requirement for a contractor to pay the Living Wage are: 1. Employees who are hired through a youth employment program or as student workers; 2. Interns who participate in an established educational internship program; 3. Apprentices working in an approved apprenticeship program; 4. Volunteers working without pay; 5. Small independent contractors; 6. Employees working in a non-profit Qualified Rehabilitation Facility as defined in ORS 279; 7. Support staff or indirect employees; 8. Employees working for agencies which receive Financial Assistance from the City. 1.25.060 Method for calculating value of a wage and benefit package. A contractor shall pay employees an hourly wage, or a combination of wage and medical benefits, which equals the Living Wage as adjusted by the CPI-W annually. If the combination of wage and medical benefits is used, the following methodology must be used to calculate the value of the medical benefits: 1) The dollar value of the employer's monthly contribution toward medical benefits divided by the average number of hours the employee works in a month. 2) If the health insurance or 125 Plan have an employee co-pay, the employee's monthly co- pay amount shall be deducted from the employer's monthly contribution prior to calculating the value of medical benefits. 3) If medical benefits are offered by the employer, but the employee declines the benefits, the Living Wage shall be the hourly wage paid to the employee, not a combination of the hourly wage and declined benefits. 1.25.070 Record keeping. 1) Employers to whom this ordinance applies shall keep records of all employees who work on City of Corvallis projects, the number of hours that are worked, the wages paid, and the level of medical benefits provided by the employer and used by the employee while working on City of Corvallis projects. 2) Employers shall provide these records and all related payroll records, including payroll tax filings and tax returns, for City of Corvallis inspection within 15 calendar days of a request by the City for such records. 3) Employers are required to post information about the Living Wage in an area where employees may easily review the information. The City of Corvallis will provide the information employers are required to post. 1.25.080 Complaint Process. 1) Employees who believe that they have not been paid a Living Wage for the time that they worked on City of Corvallis projects may file a written complaint with the City of Corvallis, http://www.ci.corvallis.or.us/finance/wageord.html 11/30/00 City of Corvallis - Living Wage Ordinance Page 4 of 5 City Manager or his/her designee. 2) Within five working days, the City shall request in writing records for the City's inspection from the employer. The City may also request pay stubs, or copies of paychecks from the complaining individual. 3) City staff will audit the payroll records and the employee's records for compliance with the City's Living Wage chapter of the Corvallis Municipal Code. The audit report will outline and detail all findings of non-compliance with the City's Living Wage Ordinance. The audit report will be given to the contractor and the City Manager or his/her designee. 1.25.090 Penalties 1) Contractors who are found to be in violation of this section of the Municipal Code based on the audit identified in section 1.25.080 of the code will have 15 calendar days to correct any violations, including paying employees the Living Wage retroactively to the beginning of the contract term. If the violations are not corrected within 15 calendar days the City will terminate the current contract for the public good and disqualify the contractor from doing business with the City for one year. 2) A contractor who is found to be in violation of the Living Wage more than one time, and who fails to correct the violation with 15 days, shall be barred from doing business with the City for five years. 3) Liability for payment of the Living Wage rests solely with the contractor. The City shall not be held liable for any incorrectly paid amounts. 4) The employee or the employer may appeal staffs findings that a violation of the Living Wage had occurred in writing to the City Manager within 15 calendar days. The appeal must state why the employee or employer believes staffs findings were in error, and must include any documents available to support their appeal. 1.25.100 Severability. If any phrase, clause, sentence, paragraph, subsection, or section of the Chapter is declared by a court of competent jurisdiction to be invalid or unconstitutional, the declaration shall not affect the validity of the remaining portion of this code. Updated May 4, 2000 http://www.ci.corvallis.or.us/finance/wageord.html 11/30/00 City of Corvallis - Living Wage Ordinance Page 5 of 5 http://www.ci.corvallis.or.us/finance/wageord.html 11/30/00 L In~oducfion CITY OF OAKLAND AND REDEVELOPMENT AGENCY · RULES & REGULATIONS FOR IMPLEMENTATION OF T ~I:YF. LIVING WAGE ORDINANCE TABLE OF CONTENTS H. Regulation # 1 - Decimation of Compliance with the Living Wage IH. Regulation # 2- Def~xitions ¥. VI. X~ XIV, Regulation #3 - Payment of Minimum Compensation to Employees Regulation # 4 - Compliance Period Regulation # 5 - Contract Review Process Regulation # 6 - Exemptions Regulation # 7 - Waivers Regulation ~v8 - Employer Notice and Documentation Requirements Regulation # 9 - Reporting &'Record Keeping the City of Oakland Regulation # 10- Penalties and Non-Compliance Regulation # 11 - Monitoring & Investigation Regulation # 12 - Employee Compliant Process Regulation # 13 - Enforcement Regulation # 14 - Sample RFP and Contract Language Attoch~ents and Forms I40ger Contract Review and Process for Living Wage Regulations Flow Chart LW1 - Request for Determination LW2 - Contract Award Documents LW3 - Universal Contract Language LW4 - Declaration of Compliance LW5 - Waiver/Exemption Request LW6 - Post Award Checklist 10 DEC-18-2~00 1S:02 CITY OF OQKL~ND 510 238 3258 P.~3/26 RULES AND REGI~ATIONS FOR I/VIPLE~~ATION OF THE LIVING WAGE ORDNANCE FOR TH[E CITY OF OAKLAND AND TH'E REDE~LOP~~ AGENCY OF THE CITY OF OAKLAND Thc Oakland Living Wage Ordlnance (the 'Y)rdinance"), codified as Oakland Municipal Code provides that certaha employers under contracts for the furnishing of services to or for the City that invo. lvc an expenditure equal to or greater than $25,000 and certain recipients of City financ~ assistance that involve receipt of financial assistance equal to or greater than $100,000 shall pay a prescribed minimum levcl of compensation to thcix employees for the time their employees work on City of Oakland contracts. The Redevelopment Agency of the City of Oakland adopted the City's Living Wage policy as its own policy by Agency Resolution No. 98- 13 C.IVLS. REGULATION #1: DECLARATION OF COMPLIANCE WITlt TIlE LIVING WAGE ORDINANCE The form and content of the Declaration of Compliance to be obtained from prospective contractors and C-WARs pur~_mnt to the Ordinance is attached hereto. The Declaration $1aall be included in all bid documents and contracts to which the Ordinance applies. REGULATION #2: DEFINITIONS Thc following definitions shall apply in these regulations: "Agency" means that subordinate or component entity or person of the City (such as a department, office, or agency) that is respons~le for solicitation of proposals or bids and responsible for the admini.qtration of'service contracts or.financial assistance agreements. "City" me~_.n-q the City of Oakland and all City agencies, departments and offices. References to thc "City" in these regulations shall also be deemed to apply to thc Redevelopment Agency of thc City of Oakland. c) "City financial assistance recipient" or "CFAR".means any person who receives fi-om the City financial assistance in an amo~mi of$100,000 or more in a 12-month period. 1) Financial assistanc~ shall not include gene~d financial assistance such as that provided through tax legishtion. City staff assistance alone shall not be regarded as financial assistance. 2) Categories of covered City financial assistance include, but are not !.imlted to, grants, rent subsidies, bond financing, loans (subject to thc criteria below), financial pla. nning, tax increment financing, land writedowns, the provision of on-site improvemcnt~ and tax Rovisiou Date: DEC-18-2000 15:03 CITY OF OAKLAND 510 238 3258 3) 4) credits and rebates. Assistance shall include contingem obligations taken on by the City, such as a guaranty. A loan provided at below market interest rate and terms shall be regarded as financial assistance to the extem of any differential between the principal amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as set forth in 26 USC §§1274(d) a_nd 7872(0. The forgiveness of a loan, to the extent of the mount forgiven, shall be regarded as firmncial assistance. Indirect loan related assistance and contingent funding commitments by the City such as loan guaranties, completion guaranties, credit enhancements, letters of credit, indenmity agreements, standby commitmems, suretyship agreements, etc., shall also be regarded as financial assistance, to the extent of thc value of the subsidy attached to such assistance as determined by the agency admini~ering the assistance. The sale of City real property for less than the property's fair market value shall be considered City financial assistance, to the extent of the difference between the actual sales price and the .property's fair market value. An installment sale shall be treated as a seller financed loan for purposes of these regulations. A lease of City real property for less than the property's lair rental value shall be considered financlal assistance, to the extent of the dlfference between the present value of the actual lease payments and the present value of 'the fair market rental payments durlng the lease term, as determined by agency adminkqtering the assistance. 5) The provision of off-site improvements by the City to a development project, such as street improvements or the inst~tion of public facilities, utilities or other infrastructure ' not located on the project property, shall not be considered City assistance for purposes of these regulations. 6) The date a CFAR is deemed to receive the assistance shall be the d~tc that the City enters into a legally binding agrccment to provide the assistance. 7) A tenant, lessee, or licensee of a CFAI~, or a subtenant or sublessee of such person, who occupies real property or uses equipment or real or personal property that is improved or developed as a result of the assistance awarded to the CFAR by the City., and who will employ at least twenty employees for each working day in each of twenty or more calend.~r weeks in the twelve months after occupying or using said property, shall be considered a "City financial assistance recipient" for purposes of these regulations, and shall be covered for the same period as the CFAR who is their landlord, lessor, or licensor. 8) For purposes of these regulations, "City financial assistance recipient" shall also include the assignees and successors in interest of the person directly receiving the assistance from the City, and in the case of City assistance to projects involving the improvemem or development of real property, shall include any person who subsequently acquires fee title to any or all of the property developed with City assistance during the compliance period. 9) "Financial assistance" .qhall include assistance provided through the City from sources other than City funds, such as federal or stale grants or loans, but only where the Revision Da~,: ~/IS/O0 DEC-1S-2000 i5:0~ CITY OF OAKLA~qD 510 ~0 3250 P.05/26 d) 0 g) J) application of the Ordinance is consonant with the terms and conditions of the outside fimding sottrce. "Comraetor" means any person that emers into a service contract with the City in an mount equal to or greater than $25,000. "Comract Compliance" meanq the City"s Office of Contract Compliance "Employee" means (1) any natural person who performs services related to a city service contract, including a person employed under the authority of a eervice contract by a contractor or subcontractor; or (2) any natural per,on who performs services for a CFAR and who expends at least half of his or her time on the funded program or business, or in the case of a developmem project, at least half of his or her time on the project site or on project related work, or (3) any natural person who performs services for a service contractor of a CFAR and who expends at least half of his or her time on the premisc~ of the CFAR, or ia the case ofa developmem project, at least half of his or her time on the project site or on project related work, and is directly involved with the funded project/program or property which is the subject of City financial assistance. Any person who is a managerial, supervisory or confidential employee is not an employee for purposes of thi~ definitio~t. Persons who qu~llqy a~ independent contractors under IRS standards and persons who provide uncompensated, volunteer services to an employer, are not employees for the purposes of this section. "Employer" means any person Who is a contractor, subcontractor, or City ~'mancial assistance recipient (CFAR) ,.nd who employs persons in the course of a busine~ operation- "Person" me~n.q any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, aesociation, public agency, or other entity that may employ individual-q or enter into contracts. "Service contract" means (i) a contract let to a contractor by thc City or a CFAR that involves an. expenditure equal to or greater than twenty-five thousand dollars ($25,000), in a twelve (12) month period, for the fumis~g of services, to or for the City or thc CFAR, except contracts where services are incidental to the delivery of products, equipmem or commodlties or (2) a lease or license under which services contracts are let by the lessee or liceneee. A contract for the purchase or lease of goods, products, equipment, supplies or other property is not a "service contract" for the purposes of thi~ definition. Services provided under a construction contract for which the payment of prevalllng wages is required shall not conetitute the "fumis~g of services" as used in this section. Said construction serxfces shall be paid at the rate required by the City pursuant to Resolution No. 57103 C.M.S. or R. edevelopmmat Agency Resolution No. $74 C.M.S. "Subcontractor" means any person who enters into a contract with (1) a contractor to assist the contractor in performing a service contract or (2) a CFA~ to e~sist the CFAR in performing the work for which the assistance is being given or to perform r~rvices on the property which is the subject of city financial aseistance. Service contractors of CFARs shall not be regarded as subcontractors except to the extent provided in subsection C. Revtsloa I~t~e: 3/15/00 DEC-18-2000 15:04 CITY OF OAKLAND 510 238 3258 P.06/26 k) "Trainee" means a person enrolled in a job training program which meets the City of Oakland job training standards. REGULATION #3: PAYMENT OF MINIMUM COMPENSATION TO EMPLOYEES Employers subjcot to these regulations are required to provide the compex~ation, hca~th benefits compensated days off and tmcompensated days off set forth below to their employees, as defined herein,: 1) Minimum compensation- Employees shall be paid an initial hourly wage rate of $8.00 with health benefits or $9.25 without health benefits. These initial rates wfll be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Constant Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. 2) Health benefits- Full-time and pm-time employees paid at thc lower living wage rate shall be provided health benefits as defined herein. Employers $~11 provide proof that health bene~s are in effect for those employees no later than 30 days a_qer execution of the comract or reCeipt of City financial assistance 3) Compensated days off. - Employees are' cntitlod to twelve compensated days off per year for sick leave, vacation or personal, necessity at the employee's request, and ten uncompensated days off per year for sick leave, Employees shall accrue one compensated day offper month of full time employment. Part-time employe~s shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be ellg~le to use accrued days offaftcr the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immeA/ate ~mily illness after the employee bas exhau~ed his or her accrued compensated days off for that year. REGULATION ~4: COMPLIANCE PERIOD (a) Service contractors. For covered, service contractors and subcontractors, the period for compliance with the Living Wage requirements shall be for the term of the contract. City fi-ancial assistance recipiems. For covered CFARs, the period for compliance with the Li .xdn_ g Wage requirements shall be as follows: Real estate development project assistance, i.e., City assistance with the purchase of real property and the construction or rehabilitation of real property facilities: five years from the date construction ofthe project commences, as such date is determined by the agency administering the project. DEC-18-2~00 15:04 CIT'f OF OAKLAND 510 238 ~258 P.07/26 (2) (3) (4) (5) (6) Business development assistance, i.e., City assistance to a for profit business recipient to purchase tang~le personal property, such as materials, equipment, fixtures, merchandise, inventory, machinery, and the like, to purchase a facility, and/or to pay for the operational costs of such recipients, including assistance with working capital: five years from the first disbursement of City assistance to the recipient. For City assistance in the form of contingent cOmmitments, compliance shall begin on the date the City enters into the commitmem. Program assistance, Lc., City assistance to fund the ongoing program 0pemtions of a recipient who is a nonprofit service provider: the term of the agreement under wlxich the assistance is given. For forms of City assistance that do not fit into any of the above categories, the agency which administers the assistance shall determine the appropriate commencement date for the compliance period. To the extem that City. assistance fall.q into multiple categories, the compliance period shall start at the earliest of the dates specified above. For city assistance used to acquire or develop real property, the Living Wage requirements shall be imposed in the form of a recorded encumbrance on the property binding any transferees or successors in interest to the property as a covenant running with the land for the entire compliance period. REGULATION #5: CONTRACT REVIEW PROCESS Each contract under which Living Wage requirements may apply will be subject to the following: a) Administering agencies shall impose the requirements of this Ordinance to all service contracts and CFARs UNLESS a determination is made by Contract Compliance that the Ordinance i~ not applicable. When an administering agency believes the Ordinance is not applicable or is uncertain as to its applicability to a particular service contract or CFAR, it shall submit a request for determination to Contract Compliance. b) Contract Compliance shall provide to City agencies standard notices or language which set forth the requiremems of this Ordinance and the Declaration of Compliarsce for inclusion in the solicitation of proposals, bids or applications for City fllaancial assistance. The administering agency shall include said notices in its RFPS, RFQs, specifications, application materials, notices of funding availab'flity, notices inviting bids or any other solicitations for contracts or notices for applications or other processes related to the application for City financial assistance. In the case of o.u RFP or an RFQ Contract Compliance w:dl schedule and convene a pre- proposal meeting of respons~le agency team members at least 3 weeks prior to the proposal due date. Date: DEC-18-2000 15:~5 CITY OF OAKLAND 510 238 3258 P.08/26 d) The day following proposal submittal, thc administeaSng agency will send copies of the proposals to Contract Compliancc for review to determine compliance with Living Wage requirements or ¢lig~flity for any of the exemption provisions of the Ordinance. e) Contract Compliance vddl conduct a post award meeting with the contractor and subcontractors to review Living Wage compliance including data requirements,, format and dcadlines. An employer who wishes to contest a determination that this Ordinance is applicable to its business operation may file an appeal within seven calendar days of the date of the City's written determination- The matter will be heard by a Hearing Officer designated by the City Manager. Decisions of the Hearing Officer shall be rendered in writing to the administering agency and employer, and sba!! REGULATION #6: EXEMPTIONS Thc following entities or persons arc exempt from these regulations: a) An employer that employs or employed fewer than five employees for each working day in each oftwenW or more calendar weeks in the current or preceding calendar year. b) An employee who is a trainee, as defined herein, for the period of training as specified under the City approved'training standards. c) An employee who is und~ 21 years of age, employed by a nonprofit corporation for aRer school or summer employment for a period not longer than 90 dayg. d) Persons who provide volunteer services that are uncompensated, except for the reimbursement of expenses such as meals, parking or transportation. e) lndividnal.~ who qualifid under IRS ~tandards as independent contractor~ Prior to executing the assistance Contract, the awarding agency must obtain bom each proposed contractor or CFAR seeking exemption under this ordinance, documentation sufficient to certify the specific exemption- Parties otherwise subject to Living Wage requirements by a bona fide collective bargaining agreement, waive the Living Wage rcquiremems, but only if the waiver is explicitly sot forth in such agreement in clear and unambiguous terms. If a collective barga/ning exemption is claimed, thc employer shall provide a copy of the pertinent agreement to the aclmlnl.qtering agency for REGULATION #?: WAIVERS R~vLsi~ i]~: 3t15/00 DEC-18-2000 15:05 CITY OF OAKLAND 510 238 3258 P.~9/'26 The City Council may grant a waiver under the following conditions: 1) To a CFAR upon a finding and determination of economic hardship and that the waiver will further'the interests of the City in creating training positions which enable employees to advance into jobs paid at a living wage or better when recommended by 'the City Manager~ provided: the CFAR has submitted a detailed,, written explanation of its economic hardship; that said explanation states the reasons for the CFAR's inability to pay a HvS~g wage and includes a complete cost accounting of thc work to be performed with the assistance sought, stating wages and benefits to bc provided to all empli3yees, and itemizing wages and benefits paid to thc five highest paid employees. That the CFAR will create trai~!ng posltions which wtll enable employecs to advance into permanent jobs, paid at l:wlng wage rates or better rates; that existing positions or employees will not be replacod or displaced and that wages of existing employees will not be lowered by said training positions Where the balance of competing interests weighs clearly in favor of granting the waiver. Partial waivers are favored over blanket waivers. 3) Waivers shall be' limited to one year, but are subject to renewal thereattcr upon yearly applications and determinations, which shall be based on the same criteria as thc original 4) Upon a finding and determination of the City Council that waiver is in the be~t interests of the City, e.g. when the City has declared an emergency duc to natural disasters and needs immediate setvicc~. · REGULATION #8: EMPLOYER NOTICE AND DOCUMENTATION REQUH~MENT$ a) All proposed contractors and CFAR's subject to the provisions of these regulations shall submit a completed Declaration of Compllance form, 'signed by an authorized representative, with each proposal, bid or application. The Declaration of Compliance form shall be made a part of thc executed contract, and will be made available for public itks~ction and copying by thc City during it~ regular business hours. b) Contractors and CFAR's shall requir~their subcontractors and tenants/leaseholders who cov~ed by these requirements to comply with the provisions ofthe~ regulations. Contractom and CFARs shall be respons~le for including language committing th~ subcontractot~s or tenantsfleaseholder's agreement' to comply in their contract with their subcontractor or Revisio. Date: 3115/00 DEC-18-2000 15:06 CITY OF OAKLAND 510 238 3]]58 P.10.×26 tenants/leaseholders. Comractors and CFARs shall submit a copy Of such subcontracts or other such agreements to Contract Compliance. Employers shall maintain a listing of the name, address, date of hire, occupation classification, rate of pay and benefits paid for each of its employees and submit a copy of the list to Contract Compliance by March. 31, June 30, September 30, and December 31 of each year during the applicable compliance period. Failure to provide this list within five days of the due date will result in a penalty of $500 per day. Covered contractors, subcontractors and CFARs shall maintain payrolls for all employees and basic records relating thereto and shall preserve them for a period of at least four years after the expiration of thc compliance period. Employers shall give written notification to each current mad new employee, at time of hire, of his or her rights to receive the benefits under the provisions of these regulations. Tlae notification shall be provided in English, Spanish and other languages spoken by a significant m~mber of the employees, and shall be posted prominently in communal areas at the work site. A copy of said notification shall be forwarded to Cox~tract Compliance. The notification must include the following information Minimum compensation - Employees are entitled to an initial hourly wage rate of $8.00 with health benefits or $9.25 without health benefits for time worked on City of Oakland contracts or projects. The initial rates will be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region ConsUmer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. · Health benefits. Full-time and part-time employees paid at the lower living wage rate shall be provided health bene~s. Employers shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract, "Health benefits" means such medical, dental or other health benefits provided by employer. Compensated days off. - Employees are entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated~ days off in increments proportional to that accrued by fulMime employees. The employees s)3. all be eligil>le to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off- Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for thai year. Federal Earned Income Credit (EIC) - Employers must inform employees earning less than $12 per hour of their posa~le right to EIC and provide them forms to apply for advance EIC payments to the elig~le employees in English, Spanish and other lallguages spoken by a significant number of their employees within 30 days of employmem reader the subject agreement. e) Employers shall permit authorized City represematives access to work sites and, with employee consent, relevant payroll records for the purpose of monitoring compliance with R,xvlsion l~t¢: DEC-18-2000 15:07 CITY 0~ OAKLAND 510 238 3258 P.11/26 these regulations, investigating employee complaints of non-complj.ance and evaluating the operation and effects of these regulations, including the production for inspection and copying of its payroll records for any or all of its cmployeea for tho applicable compliance period. Employers who fail to submit documents, declarations or information required to demonstrate co'mpliar~e with these regulations shall bc deemed noncompliant or nonresponsive and subject to the remedies set forth herein. REGULATION ~9: REPORTING AND RECORD KEEPING BY THE CITY The ~ M~nagcr shall submit periodic reports to the City Council which shall include the fonowing information at minimum: 1) A listing and the status of all RFP's and R~Q's, service contracts and lease agreements executed and financial assistance awarded, to which these regulations apply including the term, dollar amount and the service performed or assistance provided; 2) A description of every instance where an exemption or waiver was granted by action of thc City Manager or the City Council. b) The City Manager shall maintain records pertaining to all complaints, hearings, detennkmtions and findings, and shall submit a regular report on compliance with these regulations no less than anmjally to the City Council. Special reports and recommendations on sigrfificant issues of interest to the Council w93 be submitted as deemed appropriate. REGULATION #10: PENALTIES FOR NONCOMPLIANCE Non-compliance may result in the assessment of a penalty of $500 for each week of non- compliance, or debarment ~om bidding on or participating oin future City contracts or projects for a period of one (1) year. REGULATION #11: MONITORING AND INVESTIGATION The provisions of these regulations will augment thc City's' normal and customary procedure for administering its contracts. The City will take the following steps to determine, compliance with these regulations for contracts under which the City makes periodic paymems: · a) The administering agency shall submit payment requisitions to Contract Compliance along with certified payroll reports (if applicable) fringe benefit statemems (if applicable), and time b) Contract Compliance will review payroll reports, fringe benefit statements, and time cards and determine compliance within five (5) working days. c) If compliance is determined, Contract Compliance will sign off on the payment requisitio~L Revision Date: DEC-18-2000 15:08 CITY OF OAKLAND 510 238 3258 d) If non-compliance is determined, Contract Compliance will notify the administering agency and the employer, by written notice, that a violation.of these regulations bas occurred. Said notice shall include a summary analysis of what was paid, what should have been paid and what is owed to the affected employee(s), the basis for thc determination of noncompliance, and notice that the employer is entitled to an administrative hearing prior to withholding. e) If the employer fails to request a hearing within 10 days of thc notice of noncompliance, it sholl be deemed to have waived the right to hearing, and Contract Compliance shall issue a notice to withhold compensation owed and penalties to the admlni~vring agency, and thereafter direct payment to thc employee or employees determined to have been underpaid. REGULATION #12: EMPLOYEE COMPLAINT PROCESS An ~mployee who alleges violation of any provision of these regulations may report such acts to 'the City and, at the employee's discretion, exhaust available employer internal remedies. The complaint to the City s]'~.ll be handled as follows: To file a complaint,' an employee must complete complaint questionnake and submit it along with copies of check stubs. Contract Compliance shall provide the comp!.a, lnt forms in English , Spanish and/or any other lang;~ge spoken by a predominance of thc employees. (a) Contract Compliance shall notify the agency and the employer of the complaint and seek resolution within five days from receipt of the complaint forr~ If resolution is not accomplished, Contract Compliance shall investigate the complalnt, conducting employee interview~ perfo~ site visit~ if necessary, and make a determination regarding thc alleged violation. (b) If Contract Compliance determines that there has not been a violation of these requirements, the employee and administrating agency will bc notified in writing of its determination and thc investigation will be concluded. (c) If a violation is found and corrected, Contract Compliance will promptly issue a written notice. (d) If a violation is found and not corrected, Contract Compliance will iszue a written notice of noncompliance which sets forth the basis for its decision, the amount owed the employee and notice.that the employer is entitled to an adminimrative hearing as provided for under Section I 1 above. (e) (f) Thc complainant's or wimcss' idemity will not be divulged to the employer without the individual employee's written consent. Complainant employees ab_a!! be advised, however, that such confidentiality may hlndcr the City's ability to successfully enforce their clalm~. Employers shall not discharge, reduce the compensation of, or othcrwi~ discriminate again~ any employee for making a complaint to the City, partic~at~g in any of itz proceedings; using any civ~ remedy to enforce his or her rights, or otherwise asserting bis or her rights under these regulations. 10 Revision Date: 3115/00 DEC-18-2000 15:08 CITY OF OAKLAND 510 238 3258 P.13/26 (g) An employee claiming retaliation (such as, termination, reduction in wages or benefits or adverse changes in working conditions) for alleging non-compliance with these ~egulations may repor~ the alleged retaliation in the $~me manner as the initial COBlplah~t. REGULATION #13: ENFORCEMENT Where a violation of any provision of these regulations has been determined, the City will give the employer a written notice. Should the violation continue and/or no resolution is imm~ent, the City may pursue all available legal remedies, including but not limited to any or all of the following penalties and relicfi 1) Suspend and/or terminate the comract, subcontract or fiumcial assistance agreement for cause; 2) Require the employer to pay back of any or all of tM contract mount or financial assistance disbursed by thc City;' 3) Deem the employer inclig~le for future City contracts and/or financial assistance until all penalties and restitution have been paid in full; 4) Impose a fine or liquidated damages payable to the City in the sum of $500' for'each week for each employee found not to have been paid in accordance with thesc regulations; 5) Order wage restitution for each attected employee. REGULATION #14: SAMPLE RFP AND CONTRACT LANGUAGE This Agreement is subject to the Living Wage Ordinance of the Oakland Municipal Code and its implementing regulations if it is for an amount of $25,000 or more, or if it is mended to increase the contract amount by $25,000 in any twelve month period thereetter. The Ordinance requires among other things, submission of the Declaration of Compliance attached and incorporated herein and made part of this agreement, unless specific exemptions apply or a waiver is granted, that Contractor provide the following to its employees who perform services under or related to this Agreement: lX~mimmn compensation - said employees shall be paid an initial hourly wage rote of $8.00 with health benefits or $9.25 withom health benefits. These initial rates shall be upwardly adjusted each year no later than April I in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as publiqhed by thc Bureau of Labor Statlstics, U.S. Department of Labor. 2. Health benefits - said full-time and part-time employees paid at the lowcr living wage rate shah be prodded health benefits of at least $1.25 per hour. Contractor shall provide proof 11 Revision Date: 3/1S/00 DEC-18-2000 15:09 CITY OF OAKLAND 510 238 3258 P.14/26 3~ 5~ . 7~ that health benefits are in effect-for those employees no later than 30 days after execmion of the contract or receip! of City financial assistance. Compensated days off- said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full Lime employment. Pm-time employees shall accrue compensated days offin incremcntz proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policY, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off- Ten uncompemated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compen~ted days off for that year. Federal Earned Income Credit (EIC) - Contractor slaall inform said employeez who earn less than $12.00 per hour that he or she' may be ellg~le for EIC and shall provide forms to apply for advance EIC payments to eligible employees. Contractor shs_ll provide to all employees and to the Office of Contract Compliance, written notice of its obligation to eliga'ble employees under the City's Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include information set forth in sections I through 4 above. Comractor shall provide all written notices and forms required above in Englk~ Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement. 8~ Reporting - Contractor shall mnintain a listing of the ruame, address, date of hire, occupation clas.dfieation, rote 'of pay and benefits paid for each ofilz employees and submit a copy of the 1~ to Contract Compliance by March 31, June 30, September 30, and December 31 of each year during the applicable compliance perio& Failure to provide this list within five days of the due date will result in liquidated damages of five hundred dollars ($500.00) for each day that the list remains outstanding. Covered contractors, subcontractors and CFARs shnll maimain payrolls for all employees and basic records relating thereto and shall preserve them for a period of at least four (4) at, er expiration of the compliance period. Contractor Shall require subcontractors that provide services under or related to ~.h{.~ Agreement to comply with the above Living Wage provisions. Contractor shall include thc same or simflar provisions as those set forth in sections 1 tl~rough 7 above in its subcontracts. Copies of said subcontracts shall be sub'mitted to the Office of Contmvt Compliance. Furthermore, contractor shall include the above requirements in its subcontracts for services related to this Agreement. Request for Proposals 12 Revision, Date~. 3115/00 DEC-18-2000 15:10 CITY OF OAKLAND 510 238 3258 This contract is subject to the Living Wage Ordinance of the Oakland Municipal Code and its implementing regulations. The Ordinance requires that, unless specific exemptions apply or a waiver is granted, all service contractors who receive contracts for $25,000 or more in any twelve month period, and recipients of City financial assistance of $100,000 in any twelve month period or more shall provide payrne~ of a mlnirnum level of compensation to employees who perform services under or related to the contract, project or program of $$.00 per hour if health benefits of at least $1.25 per hour are offered, or $9.25 per hour if no health benefits are offered. Such rate shall be adjusted annually pursuant to the terms of the Ordinance. Under the provisions of the Living Wage Ordinance, the City shall have the authority, under appropriate circumstances, to temalnate thls contract and seek other remedies as set forth therein for violations of the Ordnance. REGULATION # 15: AMENDMENTS These regulations may be modified or .amended by the City M_a. nager or his or her designee as he or she deems appropriate, conslste~ with the terms of the Ordinance, 13 DEC-10-2000 15:11 CITY OF OAKLA~qD 510 ~8 3~50 P.1~/26 15:12 CITY OF OAKLAND 510 238 3258 REQUEST FOR DETERMINATION (Department Application for Living Wage Ordinance Review) Date Forwarded: P.17/26 To: Arm: From: COntract Compliance- Office of the City Manager Vivian Inman, Contract Compliance Officer, Living Wage Dept. Name Dept. Location Dept. Contact Dept. Phone Dept. Fax Project Name Project Number Please ec~mider ~e information below to determine applicability of the Living Wage. Contract and or Grant Amount i i iiii . . _ i . i _ i ]Please check the followiug type of contract or agreement: A) ,11 ~ ~m ~-five ~o~d dolt~ (~5,000) f~ ~e ~i~g of s~i~, to ~ for ~e C~, ~c~t ~~ wh~ ~i~ are ~dd~ to ~e deliv~ of ~~s, ~ui~mt ~ c~m~iti~ ~ (2) a 1~ ~ U~ md~ ~i~ ~~ ~n~ ~e 1~ by ~e 1~ ~ li~. A ~n~ f~ ~e p~~ ~ le~ of g~ ~u~, ~uipm~ ~ppli~ ~ ~h~ ~~ is n~ a "~ c~" f~ ~e p~es of this d~{fi~ If th~ ~ a ~ Cen~a~ pl~ ~l~te ~e ~ ~ce: ~d d~c~ ~ "City Financial A~i~nee Recipient" (CFA.R) means any person who rec~iv~ from the City financial assistance in an amount of $100,000 or more in a 12 month period ns contra~ted with gcnernli?x~l financial a~sistanee such as through tax legislation. Cat~ of such assistance include, but are not Hmited to, grants, rent subsidies, bond finartc~q~, financial plnnningo tax increment t'mancing, land writedowns, and tax eredit~, rebates and loans. City staff assistance shah not be regarded as financial assistance for purposes of this article. The forgiveness of a loau shall be regarded as financial assistance, and a loan provided at below market interest rate shall be regarded as financial assist~ce to the extant of any diffcxeutial between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. §§ 1274(d), 7872(0. A tenant or leaseholder of a CFAR who occupies propeay or uses equipment or property that is improved or developed as a result of the assistane~ award~ to the CFAR and who will employ at least twenty employees for each working day in each oftwenty or more calenffar~weeks in the twelve months after occupying or using said property, shall be comidexed a "City financial assistance r~e~ent~ for ~he purposes oftl~ Ordinance and shall be coveted for the same period as the CFAR of which they axe a tenant or leaseholder. LW-1 Revision Date: 3/15/00 If a CPA~ pleo~ indicate type: CITY OF OAKLAND 510 238 3258 REQUEST FOR DETERMINATION Continued [~~ Rents Subsidies L__~ Bond Financing ~"~ Financial Planning ~"~ Tax Increment Financing ' [~..J Tax Credit lfthis is a City Financial Assistance Recipient (CFA.R) contract, please describe: P. 18./26 The Division of Contract Compliartee received your request for a determination on our determination based on your submittal: · The following represents The orkeria set forth in the Living Wage Ordinance applies to the referenced project. The criteria set forth in the Living Wage Ordinance does not apply to the ref~enced project J~c~tion: A determination cannot bo made based on the information submitted. Please ~d the following additional information to the Contract Complianc~ Office on or bcfor in order to facilitate a determirimion Additional Information Reqaest Contract Compliance Offic~ D~te Rm'm'ned Con~act Compliance, CMO, 250 Frank Ogawa Plaza, Suite 3341, Oakland, CA 94612 510-23g-3970 A pre-proposal me,ting is to 1~ scheduled at least 3 weeks before proposal due date. LW-I R~vision Dat~: 3/15/00 DEC-18-2000 iS:lJ CITY OF OAKLAND 510 238 3~58 P.19/26 CONTRACT AWARD, DOCUMENTS LIVING WAGE ORDINANCE to: Agency Name ._ Agency Contact. ~ROM: Viviatt lnman Living Wage Contract Compliance Officer 3ATE: ~E: Project Name Project Number Your department or agency is responsible for collecting the infOrmation from thc service contractor or CFAR being et a contract. If your firm qualifies for an exemption or a waiver as described in the Rules & Regulations, (numbers 6 or 7) please provide appropriate justification. For firms that do not meet any of the above criteria please provide the following information: within 10 working days after the post award meeting. if Number of employees employed by the service contractor or CFAR Number of employees working on the project Anticipated workforce hours per employee Names, rifles and rate of pay for persons working on the project If your firm pays the $8.65 wage rate please provide proof of health benefits paid within 30 days after award of the contract. Other ~W-2 Revision 3/15/00 DEC- J. 8-21:::300 1.~.: This Agreement is subjeCt to t]~ Living Wage Ordinane~ of thc Oakland Municipal Code and its imple~m~ regulations if it is for an amount of $25,000 or more, or flit is amended to increase the conmaet amount by $25,000 in any twelve month period tJ~reall~r. Th~ Ordinar~e requires among 0thet things, submission of tl~ Declaration oi Compliane~ attached and incorporated herein and made part of thig Rgre.~m~qlt, llllieSS specific exemptions apply or a waiver is grated, that Contractor provide the following to ils employe~s who perform service~ under or related to this Agreement: 1. Minimum oompcnsation - said employees shall be paid an initial hourly wage rate of $8.65 with health benefits or $9.95 without heal~ l~n~fits. Tt~se initial rates shall be upwardly adjusted each year no later than Alxil I in proportion to tl~ increas~ at tim immediately preceding December 31 ov~r the year earlier level of thc Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. 2, Health benefits * saki full-time and part-time employees paid at tl~ lower living .wage rate shall bo provided health benefits of at least $1.25 per hour. Contractor shall provide proofthat Nzatth ben, fits a~ in effect for those employees no later than 30 days aRer execution of the oon~ram or receipt of City fmanc~ assistance. 3. Compensated days off- said employe~s shall 1~ emitled lo twelve cornp~tcd days off per year for sick leave, vacation or personal necessity at the cmploye~'s request and ten un~ompensatexl days off per year for sick leave. Employees shall accrue one compensated day off p~r month of full time employment. Part-time employe~s shall accrue compensated days off in increments proportional to tlmt accrued by full-time employe~s. The employe~ shall N: clig~le to us~ accrued days off after the ftrst six months of employment or consistent with compan3 policy, whichever is sooner. Paid holidays, consistent with established employer policy, may b~ counted towar~ provision of the required 12 com1~nsated days off. Ten uncompensated days off shall be made available, a.. needed, for personal or immediate family illness after the employee has extmusted his or her aex;ruecl compensat~ days off for ttmt year. 4. FederalEarned Inc°m: Credit CEIC) - Contractor shall inform said employees who earn less than $12.00 pm' hou that h~ or she may be elig~le for EIC and shall provide forms to apply for advane~ EIC payments to eligibl employees,. 5. Contractor shall provide to all employees and to tt~ Office of Co~ract complianoe, written notic~ of il obligation to eligible employees under the City's Living Wage requirements. Said noti~ shall 1~ post¢ prominently in communal areas oft]~ work site(s) snd shall include information set forth in sections 1 through above. 1 Contractor shall provide ali written notices and forms required above in English, Spanish or other spoken by a significant n-tuber of employees within 30 days of employment under this Agrccrne~. LW 3 Revision 3115/00 DEC-$8-2000 i$:i5 CITY OF OAKLAND 550 238 3258 P.2$/26 7. Reporting - Contractor shall maintain a listing of the name, address, da~e of him, occupation classification, rate ot pay and benefits paid for each of ~ts employees-and submit a copy of the list to Contract Complianc~ by March 31, June 30, September 30, and December 3t of each year during the applicable complianc~ period. Failure to provide this list within five days of the due date ~n'll result in liquidated damages of five hundred dollars ($500.00) for each day that the lis~ remains outstanding. Covered contractors, subcontractors and CFAI~ shall maintain payrolls for all employees and basic records relating thereto and shall preserve them for a period of at least four (4) after expiration oflhe compliance p~riod~ 8. Contractor shall require subcontractors that provide services ~mder or related to this Agreemem to comply with the above Living Wage provisions. Contractor shall include the same or similaz provisions as those set forth in sections I through 7 above in its subcontracts. Copies of said subcomracts shall be submitted to the Office o! Furthermore, contractor shall include the above requirements in its subcontracts for services related to this Agreement. Request for Proposals This contract is subject to the Livhag Wage Ordinance of the Oaklard Municipal Code and its implementin8 regulations. The Ordinance requires that, unless specific exemPtions apply or a waiver is granted, all serviex contractors who receive contracts for' $25,000 .or more in any twelve month period, and recipients of City financia/ assistance of $100,000 in any twelve month period or more shah provide payment of a minimum level o? compensation to employees who perform services under or related to the contract, project or program of $8.65 hour if health benefits of at least $1.25 per hour are offered, or $9.95 per hour if no health benefiti are offered, Suct rate shall be adjusted annually pursuant to the terms of the Ordinance. Under the provisions of the Living Wage Ordinance, the City shall have the authority, under appropriate circumstances, to terminate this eomract and seek other remedies aa set forth therein for violations of the Ordinance. Revision 3/15/00 DEC-18-2000 15:16 CITY OF ORKLRND 510 238 3258 F'.22/2B Schedule N DE_CLARATION OF COMPLIANCE -. ,LI...ViNG WAGE ,,,ORDINAN,CE The Oakland Living Wage Ordinance (the "Ordinance"). Codified as Oakland Municipal Code provides that certain employers under contracts for the furnishing of services to or for the City that involve an expenditure equal to or greater than $25,000 and certain recipients of City financial assistance that involve r~ceipt of financial ,zsistance equal to or greater than $100,000 shall pay a prescn'bed minimum level of compensation to their employees for the time their employees work on City of Oakland contracts.. The Redevelopment Agency of the City of Oakland adopted the City's Living Wage policy as its own policy Agency Resolution No. 98-13 C.M.S. The contractor or city financial assistance recipient (CFA~) further agrees: To pay employo~$ a wage no less than the minimum initial compensation of $8.65 per hour with health benefits, as described in Section 3-C "Health Benefits" of the Ordinance, or otherwise $9.95 per hour, and to provide for the annual increase pursuant to Section 3-A 'Wages' of the Ordinance. To provide at least twelve compensated days off per year for sick leave, vacation or personal neccssiW at the employees request, and, at least ten additional days per yentr ofuncompo'~sated time off pursuant to Section 3- t3 "Compen~ted Days Off" of the Ordinance. To inform employees making less than $12 per hour of their possible right to thc federal Earned Income Credit (EIC) and make available thc forms required to secure advance EIC payments from the cmployer pursuant to Section 5 "Notifying Employees of their Potential Right to the Federal Earned Income Cr~lit" of thc Ordinance. (d) To permit access to work site8 for authorized City representatives to review thc operation, payroll and related docUments, and to provide certified copies of thc relevant records upon request by the City; and (e) Not to retaliaie against any employee claiming non-compliance with thc provisions of this Ordinance and to comply with federal law prohibiting retaliation for unlon organ/zing. The undersigned authorized representative hereby obligates the proposer to thc above stated conditions under penalty of perjury. Company Name Signatuze ofAuthorizcd Represent.~ttivc Address Type or Print Na~ne Area Co& Phon, Date Type or Print Tiflc LW-4 l~vision Date: 311S/00 DEC-18-2000 15:16 CITY OF OAKLAND 510 238 3258 P.23/~6 LIVING WAGE ORDINANCE WAIVER/EXEMPTION REQUEST EXEMPTIONS If your firm qualifies for an exemption or a waiver as described in the Rules & Regulations (numbers 6 or 7) please complete the following and provide appropriate justification. CHECK ALL OF THE FOLLOWING CRITERIA THAT APPLY: The employer employs or employed fewer than five employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year The employer employs 'or employed employees who are trainees, as defined herein, for the period of trainiflg' aS specified under the City-approved training standards. The employees who are under 21 years of age, are employed by a nonprofit corporation for after school or summ*x employment for a period not longer than 90 day.~' Thc employees are persons who provide volunmex services that are uncompensated, except for the reimbursement of expenses such as meals, parking or transportation. Individuals who qualify under IRS standards as independent contractors. Parties otherwise ~bject to ~'ving Wage requirements by a bona fide collective bargaining agreement, waive the Living Wage requirements, but only if the waiver is explicitly set forth in such agreement in clear and unambiguous term& If a collective bargaining exemption ix claimed, the employer shall provide a copy of the pertinent agreement to the administering agency for WAIVERS FOLLOWING CONDITIONS MUST BE MET IN ORDER TO QUALIFY FOR A WAIVER. ATTACH DOCUMENTATION TO VERIFY TIlE REQUEST FOR A WAIVER: For CFARs - upon a £mding and determination of economic hardship and that the waiver will further the interests of the City in creating training positions which enable employees to advance into jobs paid at a living wage or better when recommended by the City Manager, provided: 1) the CFAR has submitted a detailed, va-i~ten explanation of its economic hardship; 2) that said explanation states the reasons for the CFAR's inability to pay a living wage and includes a complete cost accounting of the work to be performed with the assistance sought, stating wages and benefits to b~ provided to all employees, and iU~mizing wages and benefits paid to the five highest paid employees. LWO- 5 1 Revision Da~: 3t15/00 DEC-1E~-2000 1S:18 CITY OF O~KLt4ND $10 2~8 S~S8 P.24.×26 LIVING WAGE ORDIN CE WAIVER/EXEMPTION REQUEST Continuc~d 3) that the C:FAR will create training positions which will enable employe~ to advance into permanent jobs, paid at living wage rate~ o~ better raM; 4) that existing positions or employees will not be replaced or displaced and that wages of existing employees will not be lowe~xl by said training positional Wl~re the balance of competing interests weighs clearly in.favor of granting the waiver. Partial waivers are favored over blanket waivtrs. Waiver; shall be limited to one y,,ar, but are subject to renewat thereafter upon yearly applications and determinations, which shall be based on the same criteria as the original waiver. Upon a finding and determination of the City Co[moil that waiver is in the best interests of the City, e.g. when the City has declared an emergency du~ to natural ch%'aster$ and needs immediate services. LWO - 5 2 Revision Dam: 3/1~00 DEC-18-2000 15:19 CITY OF OAKLAND 510 238 3258 P.25×26 LIVING WAGE ORDINANCE POST AWARD CHECKLIST TI-~ EMPLOYER UNDERSTANDS AND WILL COMPLY WITH TIlE FOLLOWING REQU~NTS: All proposed contractors/subcontractors and CFAR's subject to the provisions of these regulations shall submit a completed Declaration of Compliance form, signed by an authorized representative, with each proposal, bid or application. The Declaration of Compliance form shall be made a part of the executed contract,-and will be made available for public inspection and copying by the City during, its regular business hours. Service contractom and CFARs shall require theft subcontractors and tenantsfleaseholdem who are covered by these requirements to comply with the provisions of these regulations. Service contractors and CF~ shall be responsible for including language committing the subcontractor's or tenanta/leaseholder's agreement to comply in their contract with their subcontractor or tenants/leaseholders. Service contractors and CFARs shall submit a copy of such subcontracts or other such agreements to Contract Compliance. Employers shall maintain a listing of the name, address, date of hire, occupation classification, rate of pay and benefits paid for each of its employees-and submit a a summary and/or statement of compliance to Contract Compliance by March 31, June 30, September 30, and December 31 of each year during the applicable compliance period. Failure to provide this Iht witb3n five days of the due date will result in a penalty of $500 per day. Covered contractors, subcontractors and CFARs shall maintain payrolls for all employees and basic records relating thereto and shall preserve them for a period of at least four years a~er the close of the compliance period. Employers shall give written notification to each current and new employee, at time of hire, of his or her rights to receive the benefits under the provisions of theze regnlationz, The notffication shall be provided in English, Spanish and other languages spoken by a significant number of the employees, and shall be posted prominently in communal areas at the work site. A copy of said notification shall be forwarded to COntract Compliance. The notification must include th~ following information Minimum compensation: Employees are entitled to an initial hourly wage rate of $8.65 with health benefits or $9.95 without health benefits for time worked on City of Oakland contracts or projects. The initial rates will be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. Health benefits: Full-time and part-time employees paid at the lower living wage rate shall be provided health benefits. Employers shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract-"Health benefits" means such medical, dental or other health benefits provided by employer. LW-6 Revision.: Date: DEC-18-2000 15~20 CITY OF OAKLAND 510 2]~ ]~58 P.DG/26 LIVING WAGE ORDINANCE POST AWARD CHECKLIST Continued Compensated days off: Employees are entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave,Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of e.mployment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be nutde available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. Federal Earned Income Credit (EIC) ' Employers must inform employees earning less than $12 per hour of their possible right to E1C and provide them forms to apply for advance EIC payments to the eligible employees in English, Spanish and other languages spoken by a significant number of their employees within 30 days of employment under the subject agreement. Employers shall permit authorized City representatives access to work sites and, with employee consent, relevant payroll records for--the purpose of monitoring compliance with these regulations, investigating employee complaints of non-compliance and evaluating the operation and effects of these regulations, including the production for inspection and copying of its payroll records for any or all of its employees for the applicable compliance per~od. Employers who fail to submit documents, declarations or information required to demonstrate compliance with these regulations shall be deemed noncompliant or nonresponsivc and subject to the remedies set forth herein. LW-6 2 Revlon.' Date: TOTAL P. 26 ITEM NO. ll¢ MEETING DATE: March 21, 2001 AGENDA SUMt4ARY REPORT SUB]ECl-: APPROVAL OF FIRE SUBCOMMITTEE MEMBERS AND AUTHORIZATION TO NEGOTIATE WITH UKIAH VALLEY FIRE DISTRICT AND CALIFORNIA DEPARTMENT OF FORESTRY FOR FIRE SERVICE CONSOLIDATION History In the spring of 1999, the City of Ukiah Fire Department (UFD) began a process of self- evaluation to determine goals, objectives, and methods for improving the Department. One of the outcomes of this process was to form a committee comprised of Fire Staff, Fire .Management, and the Assistant City Manager, to determine service options and to formulate a document to pass on to the City Manager for review and discussion. The committee spent eight months analyzing various options, which included consolidation with the California Department of Forestry (CDF), consolidation with the Ukiah Valley Fire District (UVFD), as well as a combination of the two. The Fire Chief met with the Staff to discuss these options on several occasions. A document was produced in April 2000, which strongly favored the combined approach of CDF, UVFD, and UFD. There were several Departmental meetings held since the report was submitted and the City Manager, Finance Director, and Fire Management also attended to discuss options and to answer questions. The City Manager then began a process of analyzing the options and then presented the information to Council for direction. The Council approved further investigation and the City Manager and Fire Management met with a Fire Association (Continued on Page 2) RECOMMENDED ACTION: After discussion, Council appoint two Councilmembers to serve on the subcommittee to finalize service option issues and authorize Staff to develop a consolidation document for CDF, UVFD, and City of Ukiah to review. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: 1. City Manager Candace Horsley, City Manager Dan Grebil, Interim Chief Officer Current List of Committee Assignments Approved: (-~~. 4:Can:ASRFire.301 Candace Horsley, Ci~ Manager subcommittee, which resulted in an agreement to add an additional paramedic at the City's station to the proposed staffing plan which would maintain current staffing levels, with the issue of seniority to be discussed further. Conclusion There have been two years of meetings, discussions, and analysis, which culminated in the Joint Council/UVFD Board meeting on March 8, 2001, wherein the Council approved a subcommittee to finalize consolidation issues and solutions. A memo was sent to the City of Ukiah Paid Firefighters and to the Volunteer Association asking them to select two members from their ranks to participate in this subcommittee. The UVFD Board has also selected its two members to sit on this subcommittee. Staff is asking for Council's selection of two Councilmembers to be a part of the subcommittee. We plan to schedule several meetings in the next month to finalize this consolidation so that we may begin working on a final document and plan. The City currently has several agreements with other agencies to provide adequate fire protection to our citizens. A joint service plan will consolidate all of these separate contracts into a cohesive, efficient organization. Both Staff and IVlanagement have discussed this for two years and it is time to make a decision so that all agencies may organize and prepare their upcoming fiscal year budgets. DAN GREBIL FIRE CHIEF March 15, 2001 EST. 1940 1500 S. STATE STREET UKIAH, CA 95482-6709 (707) 462-7921 FAX (707)462-2938 uvfd @ sonic.net City of Ukiah C/o Candace Horsley, City Manager Ukiah Civic Center 300 Seminary Ave. Ukiah, CA 95482 Dear Candace, At last night's regular meeting of the Board of Directors the following motion was approved: "The Board of Directors of the Ukiah Valley Fire District support the JPA concept to combine fire operations with the City of Ukiah and to participate in the City Council's proposed sub-committee, appointed subsequent to the approval of the JPA concept by the City Council. The sub-committee shall propose specifics of a JPA agreement but will address only published agenda items that will not include negotiable employee issues, employer rights, policies, or operating procedures." I am prepared to appoint two Board Members, two career employees and two volunteers from this agency to participate in the sub-committee. Thank you for you consideration in this matter. Sincerely, Robert Gattenberger President Board of Directors D. C. Carpenter Robert Gattenberger Board of Directors Robert McAdoo Christopher Rowney James Taglio COUNCIL COMMITTEE ASSIGNMENTS Northern California Power Agency (NCPA) Transmission Agency of Northern California (TANC) Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee County Overall Economic Development Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Valley Sanitation District (UVSD) rnate: Councilmember Smith Mayor Asluku Alternate: Public Utilities Director Barnes Designate: Counc~lmember tabby Alternate: Councilmember Smith Designate: C~ty Manager Horsley Alternate Mayor Ashiku Designate: Mayor Ash~ku {required) Mayor Ashlku - Chan-man Councilmember Libby - First Vice-Chair City Manager Horsley - Second Vice-Chair Mayor Ashlku Councilmember Smith/Vice-Mayor Baldwin Uouncllrnember tabby City Manager Horsley Mayor Ashlku Councilmember Smith Mayor Ash~ku Councflmember Smith Uounc~lmember Larson Alternate Councilmember Libby Councflmember tabby Mayor Ashflcu Alternate: Vice-Mayor Baldwin Councflmember Larson Councflmemb~r 5math Councflmember Labby Alternate: Councilmember Larson Vice-Mayor Baldwin Alternate: Councilmember Libby Councllmember l_arson Alternate: Mayor Ashiku Mayor Ash~ku Alternate: Councilmember Libby Councflmember tabby V~ce-Mayor Baldwin Alternate: Councilmember Smith Economic Development & Financing Corporation (EDFC) Finance Review Committee Alternate: Vice-Chairman Baldwin Council\Council Committee Assignments 2001 Effective: 12/5/0/00 & 3/7/01 (UP, A) ~EM NO. 12a MEETING DATE: March 21, 2001 AGENDA SUt41~IARY REPORT SUBJECT: DISCUSSION OF WOOD BURNING STOVES Councilmember Baldwin requested a discussion of the use of wood burning stoves within City limits be placed on the Agenda for Council consideration. He also asked Staff to include a sample ordinance from another public agency that regulates wood stove use. The Air Quality Management District in Mendocino County (MCAQMD) does not have an ordinance that regulates wood burning stoves. In addition, our research has found that the cities of Fort Bragg, Fortuna, and Healdsburg do not have any such ordinance. However, the City of Petaluma, in 1992, and the southern portion of the Sonoma Air Quality District (south of the City of Windsor) have, under the auspices of the Bay Area Air Quality Management District Plan, adopted such ordinances. Since 1996, Federal law has required all wood burning stoves sold in the United States to meet U.S. Environmental Protection Agency (EPA) standards. It would appear the basic premise of the Petaluma ordinance was preempted by the 1996 EPA requirements. Staff has also attached excerpts from the City of Ukiah's 1995 General Plan as well as MCAQMD's 1998 Study of Air Quality Conditions for Mendocino County, for Council's review. Since air quality is a regional issue, the MCAQMD was slated as the lead agency for drafting objective programs for air quality enhancements. In light of Councilmember Baldwin's request this matter is agendized for discussion. At this time, staff has no further information to present to the Council. Councilmember Baldwin should have additional material to expand the discussion at the meeting. RECOMMENDED ACTION: Discuss issues concerning wood burning stoves in Ukiah and direct staff according to the City Council consensus. ALTERNA'rIVE COUNCTL POLICY OPTIONS: 1. Request additional information and remand matter to staff. 2. Authorize staff to write a letter to the Air Quality District encouraging its lead in developing an ordinance/program to be reviewed by all agencies. Citizens Advised: N/A Requested by: Councilmember Phil Baldwin Prepared by: Candace Horsley, City Manager/Albert T. Fierro, Asst. City Manager Attachment: 1. City of Petaluma Ordinance 2. Excerpts from General Plan and Air Quality District Study Appr°ved' ' ~a~e Maria er y, Ci~r g 4:Can:ASRQerk,30! Between"" Christmas and New threatened people's lung function, size'of a'human hair- come from Year's, the number of days when the officials say. ' ..... - -..- Wood~ burning .as well as! from car Bay Area's air quality index showed '~he concentrations of particu- exhaust. Traffic was light over the at least moderate leve!s of s .real. I~ar-? .lat~..matter .'..h,3v. e.. increased .. tide pollution r~'49 pe. rc. e.n~ o~.-.' 'D~C'..20,:espec~;~ly'~he ~ta 1008 and 1~ leVeis~ " .... ~'-i~' '. .... 'va Valley area;, Said'Imna-Salaver; a .-":' lat. es came. Dec?~0, reac~a clas. At the same time, tradeSpe°Ple::':~'~keSwom~for 'the:Bay Area :.: ~sifii:ation called .-: moderate?mean- · burning i ~ '~" ':':"~' ~' "'"~'~ *' '"'*'":"' :~F~..:.-'~'Z~' :':~'~ . . : :' Byla~'Kay:?~.': -~'.~.':-.. :'. "4. ~';~. ~' :':"~-.':~;:" ::~ ~.~:".:'-'-')-~.;'.'~::: ~ .t...: .~,:?~.::.~.~:...::~? ~ .. ,. - .... . : .... .... ..... : .. ...... ~. are re~.~t ~~n- ~::.:.:~:~:~~:~~ent ~taet; :...':' :: '..':'~.:~.'~...~...?.~'?':-.... ~... .... ~:t:: ~ ,. .:,j~..~. · . ~ ~.....' · · , .. · · . -.: - . · ' · .M. Lt...- .... .. ~,...~. ' . .: - " . '. ·., .. ~..~ ......~...~'.,:.-. ,., ::. - ~ utili~ bfl~ ~' h~.~;h~::.'.'' '~ ~e cotillon, of~incr~:....?:..::'?..:~r~ om¢~.'~a n~::~:., :'~a~'~le~.'~h ~, mo ~th firep~..~[' ~g9~~;i: W~.:.bu~: a.~.'-~nt~. ~-wel[~. ;~.; ~;y~' a~bute'..the.' ~:~ ~:~ ~e. "~'rf~imt0~': p~ble~. A ~ ~ble heaithP~blemK ~:~' ~um ~. ~n~me tot ~on: me~unyponu?onp~c~'T ~alF low~''. ev~-~ ~om D o~c~ls w~. . ..... that has di~niSh~ ~sib~i~ ~d e~ than 10 m~om, a ~on the throu~ F~y.~~ To be sure, the Bay Area': cold and dry spell has not there have been few winter to clean the air. And generally, low teml~ SMOKE: PageA20 Co/. create, an inversion layerof ~-' air- '~But now [ have calls from people b~ .... , .... . : . asking ~e where to buy wood. They Va holding down.the cold'air, trapping the L:~lSSlO~" ~i-nentidn that they're ming it to heat pa~ the pollution in a dirty blanket with- in 200.feet of the ground: Normally t/or-,, ,-~,., · I-,~......~J the.!r hom~," said Friedman. ano ' 'ix~llufants''' ~~ '~'~"~'"~t~'" "' ~-~-u, rut4.tt~ Ul/(.t - : . .-lie.has fiXed fireolaces for rento_r~: .... ':.: "jeetOfthe!~?:;.-'.!.:- ';.." .?' v:.....: .:.. '~~"4~:::'~':: :"" :' m...th.e...Haight and Bemal Heights -.-:'.~'.~,: ~~l~r~g~f~e.~~;..~'Sc.· .:.' ::";::~ .:-'.' ..... :.:.~..~'~.:.-~:~" '-..~:..:;.'... ~ .:.~aV~:~inzo~me0 .w~$ ci..t~d.e wh? : .' :. , . ./ - . '.s ,, ... -::- ....... ay. mq~, are supplementing force~ :~~°~db~t~t.~, me vatleys ' ~ centr~'he_ating. "That's usually .... :_ .'"" :.-.""~'~' '~;-~-.~.' ' : .'_,z_.J.' ~ ~r -'.:~ . .me people .who have just bought a -- · :-:':: 'Y°U:mhal~:-th~.::.~:¢~u ~n::.?~:., .:>:-.:.~. ?atl~ 811allOW '-.:': ~:?.~ ;~-.~ _t~?Usefind ]r~e hurting for cash, or U.S. ~ .... havemi.nOr,~ptO~ ~~a~.~ .... -., ..i,:, "; .:.,...,.. ..... ~;:-,.~ ~.':..-. ~' olderfOlks~:.- Friedman Said :- ' , , ?a.~.e.~.~,~. ~t:~ucan-abo~ :,:..:-.Dast~ns~..for:.week&.::;...~. ?,.~.:~:~..~~ sweep w~ ~ nam · nave m~re i,'~o~ 'h~alth effectS ' . .i-. ~ '.....- .. : . ' 'pie that~ing old-fashioned firel~lac.- -'- .... shb~a-i~~,~iCl~s-~%,e.-'/:','. ~~ ."-i::'~-i '-;-. ~ i.s ine~C!en~ a~d expensive. The · .',~'~~in:~ lU~'~d.:'Sa2~:"~}dz.':; ~, :..'?-.? '; '.'.: ~:'::.'~'.-.:.:':-:.../' ~. ~vi~g r00m may sta~ warm but the · ,..,:.:.~'.h~dr,~%mor~.~.~i: i~;h~':i.-,?,'.U,~,-:~o:~m~..P~ot~On.-::: ~.a~.~ cre. t~e.a by.a fireiust ~u~t the ' - f°r. children;:a~thmatic~ ana:~bie ~a:;,:...~?:.:: ":...~:~:¢::.:,?//::i~:.:.:'.?~.,ii< ,.:. hea~t:.-.~_~...tiof:the rest of the hoUSe: - A - : '... '. · · ........ pamc~es an hour,' ~ times' an~'Neat Chimney Swee owners · In San _Jose,. where ~l!utiOn lev. ~ as-imUch as- ~ed ..,..~.a ..... Ta.~..~.... t, ..... e.p, 2 i!..! . govern- els We ' ': ~': : .,. . .~.2-~.o~u ,~ov~ _ ,,,my nuuemana and Richard main : :- San.:j~:~-i~. !~:c i~::'.and.~~nt, to t,t~'0;natural-ga~ ,:.Sbu_bert. have seen_a sharp rim'in counte: . . ,,.;. .......... .~:: . ............. ,.:~, ..... ~ ........ ...... ~,. .........:,~..- ....... .- , ~ faeplace semce a~,d wood s the ~ Re ~:-~ .... ....... ... ~ ..... ,.. ales. · .~., ,,_....: ,eu~m ~me~-~ San , ~ -- _ _ ·. ' Oh- - ~ -- - lose-- re~.rted a rise inrespimtor~ ,- ~ J. ose, t'etaluma, Palo Alto, __ ,a.¥~, .ofi2ca. use ol the _PG&E prosec~ ..... · ',-~ .... - : .-, ,~, 1~ Gato, 'and Morgan t,.~,, _,~. gas and e~ecmc g ' u . th If cr . Kelsa¥ smd they could not PinpOint .?nrta ~ and San Mateo coum' ,~2a_.2~.~..~n m,,el?a?e~ and c.nangmg transfer · the'rea, on "--- ne~ require new buildi.ngs to USe the ,u~ into pellet, stoves and wood- gover~ · EPA-certified w0od:stov~'-~r natural' ": ~,~,?g' inserts, like back in the throug~ "' 70~, [lildebrand said, Since No- sistant of the lep~esents g~;;~ pollution concerns, peo,. i. :;~ .em. ~j., she,has replaced 12 to 14 patientS with'respiratory COn, plaints. We're °nthe lea~lingedge o/the flu le ' ~ "· ~nahearth fireplaces with more e p are buying wood and revving up fi~:~ ......... f-. se.ason, and we're,seeing a range of fireplaces more than ever this ,,~a~ :. .... ,- ~e,m, less poimtmg wood burning ot.~?r viralr~s~ator~aiiments.,Cer. ' · - :.- devices - ~t,~nly, w.,hen air quality ispoor, peo- Ghimney Sweeps and wood seile~'~ ' say they have been fiooded-~,i-t~ Sh. uberg ~who handles the fire- p e of all ages. with chronic pulmo- calls; rrmny more t~is season f~om wood part of the bminess, estimates' nary ~lness are impacted.-, people saying they' want to save on that sales have jumped about 30 head, o: crimes cured and Frm And~ with w~ 3-14-2GG1 2; 2~Pht F'ROH CITY OF" PETALUHA 707 '778 4.4.2G P. 2 REr-,~,,,/ED COMMUNITY OF_.V~L~PMF-.NT RECEIVED MAR 1 8 !992 ORDINANCE NO. 1881 N.C.S. Seconded by Councilman Brian 5obel AN ORDINANCE OF THE CITY OF PETALUMA ADDING CHAFTER 17.33 TO THE PETALUM. A MUNICIPAL CODE PERTAINING TO THE REDUCTION OF AIR POLLUTION BY REGUI..A~NG THE NEW CONSTRUC'TION OF OR REPLACEMENT OF WOODBU'RNING APPLIANCES 20 .,., "9 ."T i? :8 BE IT ORDAINED BY TH~ COUNCIL OF THE CITY OP PETA. LUMA AS FOLLOWS: WHEREAS, thc Cir/'Council desires to lessen the risk to life and pz'oper:y from air pollution from woodburning appliances; and WHEREAS, the City Council finds that the proposed regulation w/il sig~ficantly reduce thc incre~e in particulate' emJsiions from future insialla~ior~ '~nd dcmstruction activities; and, WHEREAS, the City Council finds a need ex.ists to adopt reguladon~ which apply to woodbumlng combustion emissior~; and The Municipal .Code shall be amended by adding the fffllowing: 1 2 3 5 6 7 8 ].1 12 i3 14 i5 . 16 !7' 19 20 2~. 22 23 2¢ 25 26 27 28- 29 30 31 32 34 35 36 37 38 39 42 ¢3 ~5 ~'6 Z7 f0 f2 '.'3 3-1 zl-2~1 2: 2C:.c~ F'FL~DM CITY OF' I:~TAI_UMA 707 778 zlzl2~ BACI~bRouND A/ND PLYRPOSE: The State A~r R.e$ourccs Board (ARB) ad°prod a particulate matter (PM10) Ambiem Aj:r.. Quality Standzrd (.,A.A. Q$)'in December, 1982,' · The levels' for the PM10 AAQS were selected pursuant to Cahfornia Code of Rcgulatio~ Tide 17 Section 70200 to protect the health of p¢opI¢ who arc sensitive to ~xposur¢ to fine .P._a~..'..c~l_e_s.'_L._'~.? St&~¢ ..I~,la.mre., i.n 19_88, ,dopted the C, Iifom/a CI¢,n Air Act which L~/uzre.~. ac~a~rm'le, nt p~a_r~s oe ...cle'Slglled to achieve and mainta/n the State Standards by me earnest.pracucal date...". This Ordinance ia part of such a plan to deal with paniculate source~ and is intended to limit and/or reduce particulate erms~ions caused by the use of woodburning appliance~. SECTION NO. 17.33.020 APPLICAB!LIT~: This ordinance shall apply within the City limit~ tO any per, on who plans to ir~al[ a new wo'odburuing appliance or replace an existing woodburning appliance. SECTION NO. 17.33.030 DEFINI~!O .N. ~: E.P.A. means United States Environmental Protection Agency. E.P.A. certified wood heater mear~ any wood heater tl'mt meets the performance and emission standards set forth in Part 60, Title 40, Subpart AAA, Code o[ Federal Regulations, February 26, 1988. E.P.A. Phase II Limits: l'7.rSa grams particulate per hour for non-catalytic woodbuming appliance or 4. g m, ~,rticulate per hour for catalytic woodburrting applianct=. ' . ,, I~ ' r! ' Catalytic means a woodburrdng '~ ' ' · apph,~nce eqmpped v~th a device coated with platinum, .palladium or other rare metal located m the combustion chamber of a woodburmng appkianc~ designed to cause relatively complete combustion at lower' than normal temperatures. - . .. "Fireplace7 means' any permanently installed masonry or factory-built device designed to be used with an air-to-fuel ratio greater than or .equal to 35 to 1, . ~A£proved t.e~ting laboratory" means laboratories that have been approved by the t:.t'.A, or omer recognized agencies for the testing of w0odburning.appliances. A list of app~bved testing 'laboratories is on:file with the City BUilding Division. "Garbage" means all solid, semi-~olid and liquid wastes g~n'erated from residential, corm-nerci~ and industrial sources, including trtsh, re,use, rubbish, industrial wastes, asphaltic products,, marius, e, vegetable or .animal solids and semi-,olid Wastes, and omer discarded sohd and ~¢rui-sOiid w~tes. "Gas log" fireplace means any device designed to burn natural gas hay/rig the appearance of a wooden log .and used and retired ir~ide a fireplace. Ord. 188I N.C.$. _- 1 2 $ 4 $ 6 7 8 9 10 11 12 13 14 15 16 17 ~8 19 20 21 22 23 2~ 25 26 27 28 29 3O 31 32 33 34 35 36 37 39 ~0 41 43 ~.6 ~7 49 50 51 52 53 3-14-~1 2:27PH ., · CITY OF PETALIJMA 707 778 ~29 , 10. 11. 12, 13, 14. 15. "Paints" means ail ex:erior and interior hou,se and trim p ,~ints, enamels, varnishes, la¢cjuers, st~, primer% se~lers, ~dercoanng% roof coatings, wood prese~atNes, shmla~, ~d other p~n~ or paint-like produ~., "Paim solvent" mca~ ~ o~g~aI solvenu sold or ~ed to ~in p~nm or to clean up painting cquipmem. "Pe~let-~eted wood h~a~er" meam ~y wood heater ~at operates on wood ~ellets an~ ~s ce~i~ed by E.P.A. or an ~pproved testing I~borato~ or e~ less ~ or equal to E.P~ Phme II ti~. "Solid fuel" means wood or any other non-gaseous or non-l/quid fuel. "Treated wood" means wood of,any species that has been chemically impregnated, painted or similarly modified to improve resistance to ir~ects or weathering. "Waste petroleum roduct$" me t~'~, ~,-,,- ~- ..... ~._P_ ~ ~, .aris .may petrol,,um product other than gaseous fuels -,- ,,,.,~ u==, rcanca from cruac oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities. "Woodbuming appliance" means fireplace, wood heater, or pellet.fired wood heater or any simila7 device burning any solid fuel used. for aesthetic or space-heating purposes. SE.CTION NO. 17.33.040 GENT.~L REOUIREM_E?CTS: An approved woodburrting appliance shall meet the following criteria: , , Emit less than or equal to 7.5 grams paniculate per hour for a noncatalytic woodburn.ing apptiance or 4.1 ~ams particulate per hour for a catalytic woodburrdng appliance. Be E.P.A. certified or certified by an approved testing laboratory using testing procedures subject to City of Petaluma approval. SECTION NO. 17.33.050 .: MATER!.AL RE QUI R~_M E~N?,g~: - w/thin the City limits. .. Only approved woodbuming appliances will be allowed SECTION NO, 17.33.060 LIMITATIONS. All/woodbuming appliances installed in new homes or woodburn/ng appliances being added to or i'eptacing ex/$tin~ woodburnin a ' tiances in exisdn ho ...... roes must be approved as herein defined Gas permanendy affixed m"ufic~al lo s are ex · g erupt f. rom ~his ordinance, .. Ord. 188.1 N.C.S.. 3-14-21DG1 2:27PH FROH CITY OF PETALUMA 787 778 4420 P.S SECTION NO, 17.33,070 1) Only ,seasoned" or "d~' wood should be used which h~ a moisture content of 20 percent or less by weight. 2) Prohibited Fuels. a) Garbage e) Waste peu'oleum products b) Treated wood O ?ainu c) Plastic p~oduc~ g) Paint solvents d) Rubber products h) Coat SEcI~ON NO. 17.33.080 ENFORCEMENt...: Any person who plans to install or replace a woodburning appliance mUst's{tbmit--~ocumentadon indicatin§ irs emission level to 1he Building Division from a certified testing laboratory or the E.P.A_. . Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction sh~-ll be punishable as provided by law. SECTION NO, 17.33.090 ..EFFECTIVE DATE: This OrdNance shall.become effective on'Ap~ 2, 1992 and shall apply to all permiu issued on or after July l, 1992 Exce t d,at an base of a "Production or Merchant" single-family subdiviiion,' 'as' defined by' tPhe Plann{n~ Direct'or, for which building pertain for one or more houses have been issued prior to the effective date of this Ordinance sh'a]l be exempt from the provisions herein. IF ANY SECTION, subsection, sentence, clause or phrase or wo,rd of this ordinance is for any reason held tb be ,u:n, constitutional' by a court ot co.mpetent jurisdiction, such decision shall .,not affect the valid,ty of the remaining poniora of th~s ordinance, The City Council of. the City of Petaluma hereb declar' "' ' ' - · ... y es that n would have passed and adopted this ordma.uce and each a_ad all prov'lstons t.h, ereof irrespective of the fact that any one or more of said proviiiora be' declared uncomumtional. · . - . ' · Ord. 188I N.C.S. 3-14-2E~1 2:28PM FROM CITY OF PETALUMA 787 778 44213 1 2 3 4 5 ? $ 9 10 11 12 14 I$ 18 lP 2O 21 22 23 2¢ 25 26 27 28 29 30 INTRODUCED and ordered ?ostad/Pubtished this 3rd day of t=eb~a.ry, 1992. A.DO~D t.hfs _ 2 n.d _ day of Mar~h ,1992, by thc following vote: AYES: Read, bleL~ont Vice Mayor ?¢oolse¥, May.or NOES: Cavanagh . Davis, $obel ABSENT: ABSTAIN: woodord / councit6 Ukiah Valley General Plan and Growth Management Program City of Ukiah ~ Mendocino County, Californi,~ IV. 1. Open Space and Conservation 4, Page 40 Policy 0C-38./.'Require "clean air" heat sources in new construction. Implementation Measure 0C-38.1(a): Through local building codes or ordinances, the City and County shall require primary heat sources in all new development, room additions, or remodels involving space heating to utilize low/no air emission heat sources. Examples may include solar, natural gas, propane, butane, fuel oil, or electricity. [Timeframe for completion: Ongoing planning period 4, Measure applies to: City and County 4, Agency/Department responsible: City and County Building Departments] Implementation Measure 0C-38. I (b): The City and County may restrict or prohibit installation of wood buming appliances in new development. [Timeframe for completion: Ongoing ~ planning period 4, Measure applies to: City and County 4, Agency/Department responsible: City and County Building Departments] Implementation Measure 0C-38.1(c): During the short-term planning period, the City and County plan reviews and inspections shall verify that solar access is optimized and primary heat sources come from low-polluting sources. Special exemptions may be made for oil-fired appliances in out-lying areas not served by natural gas. [Time- frame for completion: Short-term planning period 4, Measure applies to: City and County 4, Agency/Department responsible: Building Inspection] Implementation Measure OC-38. I(d): Where wood burning appliances are permitted, dwellings may be required by local ordinance to (a) incorporate increased insulation ~,~.-~,. ~' [ - [~a,_~~ or reduced window area sufficient to exceed insulation requirements of Title 24 of . --~ the state energy code by 25 % or more; (b) install only EPA-certified wood stoves, fireplace inserts and pellet stoves, and (c) provide energy calculations to substantiate that wood-burning is not the primary heat source. [timeframe for com- pletion: Short-term planning pedod 4, Measure applies to: City and County 4, Agency/De- partment responsible: Building Inspection] Implementation Measure 0C-38.1(e): The City, County, and the Mendocino County Air Quality Management District shall develop a program to voluntary retrofit existing '~"-'"'~.~~1'- homes containing older, highly polluting wood stoves, and fireplaces with Environmental Protection Agency (EPA) certified clean burning appliances. .... ~' Funding may come from the City, the County, the MCAQMD, developer offset -~..~~_, fees, fines or settlements, grants, or other mechanisms. [Timeframe for completion: Ongoing planning period 4, Measure applies to: City and County 4, Agency/Department re- sponsible: AQMD, Building Departments] Adopted by the City Council: December 6, 1995 5onoma Technology, inc. 1360 Redwood Way, Suite C Petaluma, CA 94954-1169 707 / 665-9900 Fax 707 / 665-9800 www. sonomatech.com A STUDY OF AIR QUALITY CONDITIONS INCLUDING EMISSIONS - INVENTORY, OZONE FORMATION, PMlo GENERATION, AND MITIGATION MEASURES FOR MENDOCINO COUNTY, CALIFORNIA FINAL REPORT STI-998080-1816-FR By: Lyle R. Chinkin Hilary H. Main Siana Hurwitt Tami L. Haste Dana L. Coe Naresh Kumar Sonoma Technology, Inc. 1360 Redwood Way, Suite C Petaluma, CA 94954-1169 Prepared for: Mendocino County Air Quality Management District 306 E. Gobbi Street Ukiah, CA 95482 November 16, 1998 Mendocino County. This conclusion is supported by the experiences of other regions, where public involvement and support have been critical components to the success rates of air quality programs. 5.3.1 Residential Wood Combustion Definition: Wood burning involves the use of wood burning stoves and fireplaces. Wood burning during the winter holidays has been shoWn to be a significant contributor to PM~o emissions in other parts of California (Fujita et al., 1998). Possible Control Actions: i~. Restrict burning when monitored or forecasted conditions indicate that the region's air ~. quality standard is likely to be exceeded. 2'.' Establish a public information program to support local ordinances restricting wood burning, such as the Voluntary "Don't Light Tonight" public outreach campaign in San Francisco, California; or "Spare the Air" campaigns in several areas of California. 3. Require EPA-defined clean burning fireplaces and wood burning devices in all new residential construction (Portland, Oregon)'. 4. Require uncertified wood stoves to be replaced or removed upon the sale of residences (mandatory in Crested Butte, Colorado since 1989; also required in Washoe County, Nevada and Seattle, Washington) (STAPPA and ALAPCO, 1996). May include wood stove retrofits or be limited to those wood stoves that are the primary heat source. 5. Ban the installation of wood burning devices in new residential construction (Clark and Washoe Counties, Nevada). Experience in Mammoth Lakes, California, and in Reno, Nevada, demonstrates that local i:eal estate practices are .able to adapt well to these restrictions (STAPPA and ALAPCO, 1996). 6. Provide incentive programs to promote installation of better performing wood burning devices for low income households. 7. Develop an integrated program to reduce wood burning emissions. 8. Develop financial assistance/rebate programs to replace or retrofit existing wood stoves. 5.3.2 Man-Made Dust Sources' Definition: Man-made dust sources include unpaved road traffic, construction .and demolition · activities, and farming operations. Note however, in the absence of chemically speciated PM filter samples it is not clear which, if any, man-made dust sources may. be contributing to local PM exceedances. 5-10 =~Ooo 12b ITEM NO. DATE: March 21, 2001 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION APPROVING PRE-APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR AIRPORT TERMINAL REMODEL GRANT At the previous meetins~the City Council approved a contract for architectural services for the preparation of a pre-application to the Economic Development Administration lEDA) for 8rant funds for the remodel and upsrade of the Airport terminal and administration buildinss. In order to submit that application, EDA requires the City Council also adopt a resolution supportin8 the project and authodzin8 the pre-application. Staff is submittin8 the attached Resolution to comply with this requirement and is recommendin8 adoption. RECOMMENDED ACTION: Adopt Resolution authorizing pre-application to the Economic Development Administration, for upgrade and remodel of the airport terminal and administration building. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine Resolution requires revision and adopt as revised. 2. Determine adoption of resolution is inappropriate at this time and do not move to adopt. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Larry DeKnoblough, Community Services Director Candace Horsley, City Manaser Don Bua, Airport ManaBer 1. Resolution for adoption APPROVED:' ( LDS:Terminat 2.asr Ca~ndace Horsley, ~~anaser~ RESOLUTION NO. 2001 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH, AUTHORIZING THE PRE-APPLICATION TO THE ECONOMIC DEVELOPMENT ADMINISTRATION FOR GRANT FUNDS TO REMODEL AND UPGRADE THE UKIAH REGIONAL AIRPORT TERMINAL AND ADMINISTRATION BUILDING WHEREAS, the City Council of the City of Ukiah has determined that the creation of new jobs through economic development is a primary goal of the City; and WHEREAS, the Ukiah Regional Airport has been identified by the City Council for business development resulting in job generation through the remodel and upgrade of the Airport Terminal and Administration Building; and WHEREAS, the Economic Development Administration (EDA) provides grant funds for eligible projects such as the Airport Terminal and Administration building remodel and upgrade; and WHEREAS, the Economic Development and Financing Corporation (EDFC) of Mendocino County will assist the City of Ukiah to apply for said grant funds. NOW THEREFORE, be it resolved that the City Council of the City of Ukiah does hereby authorize its staff, with assistance from EDFC, to prepare the appropriate documents for pre- application to EDA for grant funds for the remodel and upgrade of the Ukiah Regional Airport Terminal and Administration building. PASSED AND ADOPTED this 21st day of March, 2001 by the following roll call vote: AYES' NOES: ABSENT: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk LD/ZIP RES AGENDA SUMARY 12c ITEM NO. DATE: March 21, 2001 REPORT SUBJECT: DISCUSSION AND SELECTION OF ALTERNATIVE WAY OF SPENDING REMAINING KMART AIR QUALITY MITIGATION FUNDS SUMMARY: In 1994, the City Council conditionally approved the Kmart Use Permit application for the new store on Orchard Avenue. Condition number 23 required the payment of $36,250 to an "Air Quality Offset Fund" that would be used to "pursue measures maintaining appropriate air quality levels" in our community. In 1997, the City Council determined that $19,800 from the fund would be spent on the preparation of a Master Bicycle/Pedestrian Plan, and the remaining $16,450 would be used for grant matching funds for implementation of the Plan. The City Council adopted the Plan in 1999, and the remaining "grant matching" funds have not been used and are still available. Recently, the "Walk and Roll Coalition", a local bicycle advocacy group has approached staff with an alternative way to spend the $16,450 "grant matching funds." It is suggesting that the funds be used to hire a consultant to prepare grant applications for funding projects contained in the Bicycle and Pedestrian Master Plan. The issue is pressing because there is a May 31, 2001 deadline for applying for the two MCOG bicycle/pedestrian project funding cycles. While some of the available grants for bicycle and pedestrian improvement projects do not require grant matching funds, many require between 10% and 15% of the requested amount. Accordingly, staff recommends allocating $10,000 for consultant assistance and $6,450 for either grant matching funds or continued consultant assistance if "no-match" grants are pursued. The "Walk and Roll Coalition" is prepared to discuss its ideas with the City Council at the March 21, 2001 meeting. RECOMMENDED ACTION: Direct staff to use $10,000 of the remaining KMART Air Quality Funds for consultant assistance with grant writing, and $6,450 for either grant matching funds, or continued consultant assistance if "no-match" grants are pursued. ALTERNATIVE COUNCIL ACTION: Decide to use the remaining KMART Air Quality Funds in a different way, and provide direction to staff. Citizen's Advised: Walking and bicycling advocates Requested by: "Walk and Roll Coalition" Pedestrian/Bicycle Group Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED' Candace Horsley, City ~q~nager I/EM NO. ~2 d MEETING DATE: March 21, 2001 AGENDA SUMMARY REPORT SUB3ECT: CONSIDERATION AND ADOPTION OF RESOLUTION REVISING COMPENSATION FOR CITY CLERK Based on previous Council policy, the City Manager is to conduct a performance evaluation of the City Clerk and recommend an increase in compensation to the City Council. The City Council last approved a 4% cost of living increase for the City Clerk in March 2000. Overall, City Clerk Marie Ulvila is performing in a very effective manner, and continues to work well with staff and the public. During the past year she has coordinated the implementation of a new and more comprehensive Public Records Retention Schedule that was adopted by Council. She has also organized the system of recording the boxes of data for storage and worked closely with staff on providing adequate room for the increased number of boxes in the new Civic Center wing addition. She continues too coordinate and manage the City Clerk function very efficiently and bridges between Council and Staff professionally. One issue that has always been a matter of debate for the City Council and the City Clerk is the appropriate compensation for the City Clerk's position. Of concern is the fact that since the City Clerk is elected there are no pre-requisite skills required in order for a person to run as a candidate and be elected as City Clerk. Therefore, depending on the (Continued on Page 2) RECOMMENDED ACTION: After discussion, Council approve the step levels and resolution revising compensation for City Clerk. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine alternative method for calculating compensation City Clerk, identify changes, and adopt modified resolution. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A City Manager Candace Horsley, City Manager N/A 1. Resolution for adoption 2. List of City Clerk skills and duties Approved: ~--~_~'~ '~'~~ 4:Can:AsRaerk.3olCandace Horsley, City ~lanager particular election, the City Clerk will possess a specific level of expertise within the wide range of skills appropriate for the position. I propose to the City Council that one method to adjust for the various skill levels of a City Clerk is to provide a 5-step range within which the City Council may place the City Clerk. The current annual compensation for the City Clerk is equivalent to the A-step level of Administrative Secretary within the City employee classification system on an hourly rate basis. The City Clerk works an average of 32 hours per week. If the current annual salary of $20,862 for the City Clerk is assumed to be the A-step range, and each step level is increased by 5%, the following five-step range is calculated: A- $20,862 B- $21,905 C- $23,000 D- $24,150 E- $25,378 This schedule provides flexibility for the Council to grant a step increase, as well as any other increase desired by the Council to provide adequate compensation for the City Clerk's function and for the specific level of skills that are being performed by the City Clerk. A list of position skills, duties, and responsibilities are attached for Council's approval and will be used for future consideration of compensation. The equivalent step for an Administrative Secretary under the City's compensation hierarchy would be at Step C, a 10% increase. The average cost-of-living increase for this last year for the City's employee units was 6%. Staff recommends this step level in recognition of the City Clerk's skills and to bring her to the compensation level of Administrative Secretary, for the number of months the current City Clerk has been in office, at the 32-hour equivalent. Since the City Clerk is an elected position, there are no Brown Act Closed provisions for discussion of this item in Closed Session. The resolution will be delivered to the Council next week so the City Attorney, who is out of town, may review the document. MEMORANDUM DATE: March 19, 2001 TO: FROM: Honorable Mayor Ashiku and City Councilmembers Candace Horsley, City Manager SUBJECT: Agenda Item 12d - Consideration and Adoption of Resolution Revising Compensation for City Clerk Enclosed you will find the proposed Resolution for the subject agenda item, as well as the Duties and Responsibilities for the City Clerk position that was adopted by the Council on July 3, 1996. Additionally, I have attached the minutes of that meeting for further background information. If you have questions over and above what has been provided, please do not hesitate to call me. CH:ky Arts. q.:Can:MCC309.301 RESOLUT]:ON NO. 2001- RESOLUTI'ON OF THE CI'TY COUNCI'L OF THE CI'TY OF UKI'AH APPROV]:NG COMPENSAT]:ON FOR C]:TY CLERK WHEREAS, UkJah City Code Section 350 states that the compensation for the City Clerk "...shall be determined by the City Council and established by resolution as adopted from time to time by the City Council."; and WHEREAS, the City Council establishes that the City Clerk salary shall coincide with the five steps associated with the Administrative Secretary salary as found in the City of Ukiah Salary Schedule at the time of the evaluation; and WHEREAS, placement within the five steps will be based on objective job-related criteria, as established in the City Clerk job description approved by the City Council at its July 3, 1996 City Council meeting (Exhibit "A"); and WHEREAS, each year prior to Budget deliberations, the City Manager will perform an evaluation of the City Clerk to present to the City Council for final approval, with the new salary to be effective July 1 of each year; and WHEREAS, the amount paid as salary specified herein does not include amounts authorized and paid on behalf of the City Clerk for retirement, health and welfare, and Federal social security and medicare benefits; and WHEREAS, the City Council concurs with the City Manager's performance evaluation of the City Clerk, dated March 21, 2001, and determines that an increase in the compensation paid to the City Clerk is earned and justified. NOW, THEREFORE, ]:T ]:S HEREBY RESOLVED that the City Council of the City of Ukiah does hereby approve an increase in the salary paid per year to City Clerk Marie Resolution No. 2001- Page 1 of 2 Ulvila from twenty thousand eight hundred, sixty-two dollars ($20,862) to twenty-three thousand dollars ($23,000), effective July 1, 2001. PASSED AND ADOPTED this 21st day of March, 2001 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 4:Sec. CityCler.01 Resolution No. 2001- Page 2 of 2 EXHIBIT "A" DUTIES AND RESPONSIBILITIES CITY CLERK (Average 32 hours per w~ek) DEFINITION The City Clerk position is an elected position which is responsible for serving as Clerk of the City Council: taking and transcribing minutes of all City Council meetings; preparing and distributing City Council agenda packets: maintaining custody of records: performing other related duties; and performing all other duties required of the City Clerk by law. EXAMPLES OF DUTIES: (These examples are intended only as illustrations of the various types of work performed. The examples of work performed are neither restricted to nor all-encompassing of the duties to be performed under this job title.) (E:Essential Duty; M:Major Portion of Time) - Serves as Clerk of the City Council. (E-M) - Takes and transcribes meeting minutes of all City Council and Redevelopment Agency meetings. (E-M) - Prepares and distributes the City Council agenda packets. (E-M) - Prepares and processes Notices of Public Hearings for City Council meeting public hearings as required by law. (E) - Receives documents addressed to the City Council and distributes mail on a regular basis. - Maintains custody of all City records, including certifying copies and filing in central file. Maintains a City-wide Records Management Program and oversees destruction of records as allowed by law. (E) - Maintains appointive lists for various boards and commissions appointed by the City Council and Redevelopment Agency. - Maintains custody of City' Seal and administers and files oaths of office, affi rmati OhS, and acknowledgments. - Processes all ordinances and. resolutions approved by the City Council. (E) -Attests to a variety of documents as required, including ordinances, resolutions, and subpoenas. (E) - Performs election-related duties, such as accepting campaign disclosure forms, statements of economic interest, and various petitions. (E) - Processes claims for damages. (E) - Answers citizen inquiries made by mail, telephone, or in person. (E-M) - Maintains and updates the Municipal Code Book. -- Receives and opens bids. (E) - Performs duties related to annexation proceedings, obligation bonds, name changes, Affidavits of Completion, official bonds, improvement districts, and street vacations as required. - Performs other duties as required, in cooperation with the Executive Assistant and Secretarial Pool. The City Council cannot change qualifications for the elected City Clerk as established by State statute. However, the following are useful to perform the office effectively: QUAL IF I CATIONS Knowl edqe .of: - Standard office practices and office equipment. - Functions, organization, and policies of the City. - Brown Act regul ati OhS. Ability to: - Work under pressure to meet established deadlines. - Take and transcribe meeting minutes accurately and rapidly. - Operate a computer system for a major portion of the work day requiring manual dexterity. - Type accurately from clear copy at a speed of not less than 50 words per minute. - Spell correctly and use correct English grammar. - Compose general correspondence and letters. - Work cooperatively with other departments, City officials, outside agencies, and those contacted in the course of work, - Sit for long periods of time, possibly up to 5 hours, Experience and Education: Any combination equivalent to graduation from high school and two years of increasingly responsible secretarial/clerical experience. Speci, a 1,, Requirement: Possession of a valid Class C California Driver's License. 2:RECRU~T\CL£RK 9a. Approval of Demolition Permit Application for a Structure Over 50 .Years Old Located at 315 West Church Street Senior Planner Stump advised the structure proposed for demolition due to substantial fire damage is located at 315 West Church Street. At their meeting of June 26, 1996, the City's Demolition Permit Review Committee determined that the structure is not historically or architecturally significant; therefore, staff recommends the demolition permit be issued. Mayor Schneiter questioned the necessity for the &,molition permit since the structure was deemed unsound as a result of the fire. Planning Director Sawyer replied that although the building was a total loss, it was helpful to proceed with the review process and analysis for benefit of the historical record. Discussion followed regarding the necessity for the demolition permit. M/S Mastin/M~lone to find that the structure located at 315 West Church Street is not historically or architecturally significant, and allow issuance of the Demolition Permit, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. AilS'rAIN: None. ABSENT: CouncilmemberWatfenburger. 9b. Adoption of Resolution Establishinl~ Landscaping and Streetscape Desien Guidelines M/S Shoemaker/Schneiter to continue this item to the August 21, 1996 regular meeting, carried by an all AYE voice vote. 9c. Discussion Reeardine Joint Meeting with Golf Course Committee City Manager Horsley and Community Services Director DeKnoblough adxdsed that the Golf Course has projected an operational deficit of $134,583. This deficit will be reduced to $104,620 through a reserve transfer of $28,743 and a beginning fund balance of $3,200; there are no remaining reserves in this fund, after this year's transfer, with which to assist any potential future operational deficits. The Golf Course Committee reviewed the budget at their June 26, 1996 meeting, at which time staff informed them of the severity of the financial issues facing the City as a whole. Staft'also reviewed the function of enterprise funds within the ciD, budget and the need for the Golf Course to sustain itself. Several proposals for addressing the deficit through fee increases were discussed by the Committee; however, before talcing action to recommend a specific course of action, the Committee unanimously expressed its desire to discuss these issues directly with the Council. It was the consensus of the Council to meet jointly with the Golf Course Committee on Wednesday, August 21, 5:30 p.m., prior to the regularly scheduled City Council meeting. 9d. Approval of Request for Proposal for Investment Advisory Servicl~.s City Manager Horsley advised that currently these services are provided on an interim basis by Public Financial Management. Staffhas prepared a Request For Proposal CR.FP) for Iong term services, which will be distributed to local and out of the area qualified fu'ras. M/S Malone/M~'tin to approve the Request For Proposal (RFP) for Financial Investment Services, carded by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: None. ABSENT: Councilmember Wattenburger. 9e. Discussion Re~ardin~ Proposed Job Descriptions for City Tremsurer and City Clerk Positions, City Manager Horsley advised that due to the fact the Cit')' will contract for the services of an invesunent advisoD' firm to manage the City's portfolio funds, the City. Treasurer will no longer be performing this function. The CiW Treasurer will, however, serve as the Chair of the Investment Oversight Committee, which will meet a minimum of at least once per quarter, and work with city staff on pOlicy issues and developing internal controls. The position will change from an operational investment role to that of a policy and audit advisor, with the proposed duties requiting approximately 15 hours per month or less. Due to the proposed changes of the City Treasurer in job function a~ well as time required to perform the duties, it is recommended that the salary be modified from $800 to $300 per month. Regular Meeting - July 3,1996 Page 2 She further advised that the Council had requested that a list of duties, responsibilities, and requirements performed by the City Clerk during an average 32 hour work week be adopted in written form. The current Cit?' Clerk, appointed by Council, has posted office hours whereby she is available to the public during the morning and aft. emoon, which when added to the hours required for City Council meetings one week and agenda preparation the next, approximates the required 32 hours per week. The current salary in the Code is recommended to remain in effect as it is felt it is appropriate for the hours and job duties as specified. Staff is requesting Council's discussion of the proposed duties, responsibilities, and salaries recommended for the two positions. Final duties and salary detail will be brought back to the Council for ordinance introduction. Discussion followed relative to the job descriptions and s~.!aries, where it is was noted both the City Treasurer and City Clerk have certain duties that are prescribed by state statute, but there is no need in the City Code to specify the duties of either position. The Council does have the option to prescribe the location where these City officials will carry out their duties, designate specific work hours, and determine what support the positions should be given. Farther discussion followed relative to the City Tre2surer position and the Council's concerns and clarification of specifics regarding salary, actual monthly hours necessary, for adequate performance of duties, review and certification of warrants, current policies regarding expenditures, and liability issues. It was noted the basic function of the Treasurer as defined under state statute is to maintain and account for City funds that come within his/her possession; however, other duties may be delegated to the position. M/S Malone/Shoemaker to approve the proposed job descriptions of the City Clerk and City Treasurer, with the addition that the City Treasurer reviews warrants and reports to the City Council on expenditures that cannot be certified as authorized, carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, and Shoemaker. NOES: Mayor Schneiter. ABSTAIN: None. ABSENT: Councilmember Wattenburger. __ 7. PUBLIC HEARING - '7:00p.m..... ?a. .Consideration of Proposed .Ukiah Municipal Airport Master Plan Senior Planner Stump advised that on January 17, 1996, the City Council conducted a public heating to consider th.:: conceptual adoption of the Uldah Municipal Airport Master Plan and associated environmental document. Subsequent to the public hearing, and after considerable discussion, the Council voted 3 to 2 to adopt Resolution 96-37, conceptually approving the Master Plan and associated Negative Declaration. The conceptual approval was a necessary step in the process, because by law, the document was required to be for~,arded to the Mendocino County Airport Land Use Commission for two (2) actions; 1) formal adoption of the Comprehensive Land Use Plan (CLUP - Chapter 7); and 2) a finding that the Master Plan was consistent with the Comprehensive Land Use Plan. He further advised that on June 6, 1996, the Mendocino Count3, Airport Land Use Commission adopted the Comprehensive Land Usc Plan (CLLrp - Chapter 7). Subsequent to that action, as required by State Law, the3' found that thc Master Plan document was consistent with the CLUP. Regarding the City Council's six modifications to the Plan, the ALUC agreed with most, bm chose not to amend the Land Use Compatibility Map or establish a "B3" classification as the Council had suggested. Instead, the5' determined, with the assistance of City and County Planning Staff, as well as the City Airport Planning Consultant that the "infill" concept/policy used in the Mendocino County Airport Comprehensive Land Use Plan (CLUP), was an appropriate tool to address the Compatibility Map and "B3" Zone issues. This "infill" concept/policy language is included on Page 3 of the Addendum to the Master Plan, prepared by Shutt/Moen Associates, dated June 7, 1996. Thc action by thc Mendocino County Airport Land Use Commission to adopt the Comprehensive Land Use Plan (CLUP) and associated Map for the Uldah Airport is final. Staffis able to conclude that the approach to thc Compatibility Map and "B3" issues adequately addresses the concerns expressed by the City Council. Ken Brody, Shutt/Moen Associates, offered a brief sttmmary of thc changes contained in the Addendum to the Ukiah Municipal Airport Master Plan Report. Public Hearing Opened: ?:40 p,m. No one came forward. Public Hearing Closed: 7:41 p.m. The Council queried Mr. Brody relative to zoning. Regular Meeting - July 3,1996 Page 3