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HomeMy WebLinkAbout2000-12-06 PacketITEM NO. 3a DATE: December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION DECLARING RESULTS OF MUNICIPAL ELECTION OF NOVEMBER 7, 2000 AND SWEARING IN CEREMONY FOR MAYOR PHILLIP ASHIKU, COUNClLMEMBERS ROY SMITH AND ERIC LARSON, CITY TREASURER ALLEN CARTER, AND CITY CLERK MARIE ULVILA Now that all of the votes from the November 7, 2000 election have been verified by the Mendocino County Clerk, the City Council must adopt a Resolution declaring the results of the Municipal Election. After the Resolution is adopted, the newly elected officials may then be sworn in by City Clerk Marie Ulvila. Staff recommends that the Resolution be adopted and that the City Clerk administer the oaths of office for Mayor, two City Councilmembers, and City Treasurer. The Mayor will then swear in the City Clerk. RECOMMENDED ACTION: Adopt Resolution Declaring Results of November 7, 2000 Municipal Election. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A City of Ukiah Electorate Marie Ulvila, City Clerk ~ ~ Candace Horsley, City Manager 1. Resolution with Attachment 2. Resolution No. 2000-42, Calling an Election and Authorizing Execution of Agreement with the County of Mendocino for the Provision of Election Services at the City Election to be Consolidated with the Regular Statewide General Election. Candace Horsley,l'tY Manager ASR:Election Results RESOLUTION NO. 2001- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2000, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a General Municipal Election was held and conducted in the City of Ukiah, California, on Tuesday, November 7, 2000, as required by law; and WHEREAS, notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the City Council of the City of Ukiah has reviewed the returns from the November 7, 2000 General Municipal Election based on the ballot count provided by the County Clerk of Mendocino County, pursuant to Resolution No. 2000-42 of the City Council of the City of Ukiah, and attached as Exhibit A; and WHEREAS, subject to receipt of the Certificate of the County Clerk of the result of the County Clerk's canvass of the Consolidated Election Results for the November 7, 2000 General Municipal and Statewide General Election, the City Council finds as a result of said count and review that the number of votes cast, the names of the persons voted for, and other matters as required by law are as hereinafter stated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF UKIAH, CALIFORNIA, DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council does declare and determine that the following persons were elected to the following offices respectively: PHILLIP ASHIKU was elected Mayor of the City of Ukiah for the full term of two years from and after November 7, 2000, and until a successor is elected and qualified. Resolution No. 2001- Page 1of 2 ROY SMITH was elected a member of the City Council for the full term of four years from and after November 7, 2000, and until a successor is elected and qualified. ERIC LARSON was elected a member of the City Council for the full term of four years from and after November 7, 2000, and until a successor is elected and qualified. ALLEN CARTER was elected City Treasurer for the full term of four years from and after November 7, 2000, and until a successor is elected and qualified. MARIE ULVILA was elected City Clerk for the full term of four years from and after November 7, 2000, and until a successor is elected and qualified. SECTION 2. That as a result of the election, a majority of the voters voting on the measures relating to the City Clerk, Mayor's term of office, Mayor being appointed by Council, and increasing the Hotel/Motel Occupancy Tax from 8% to 10% did not vote in favor of it, and that the measures were not carried, and shall not be deemed adopted and ratified. SECTION 3. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED AND ADOPTED this 6th day December 2000, by the following roll call vote. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk Resolution No. 2001- Page 2of 2 CERTIFICATE OF COUNTY CLERK TO RESULT OF THE CANVASS AT THE CITY OF UKIAH ELECTION HELD ON NOVEMBER 7, 2000 COUNTY OF MENDOCINO STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF MENDOCINO ) I, MARSHA A. WHARFF, COUNTY CLERK of said county, do hereby certify the following to be a true and correct copy of the Official Statement of Votes Cast at the City of Ukiah Election held on November 7, 2000, for the candidates and measures herein set forth. Witness my hand and official seal this 20th day of November, 2000. MARSHA A. WHARFF, COUNIPI/CLERK COUNTY OF MENDOCINO SUMMARY ***~OFFICIAL STATEMENT OF VOTES CAST AT THE GENERAL ELECTION, NOVEMBER 7,2000 CITY OF UKIAH Mayor Councilmember (Elect 2) Clerk Treas Page Number 14.1701.00 R TI ~t K D P R J E P E M R- E U A A H 0 I R A D A G RI ~I T V I Y M I U R A I N H I L C L H I S 0 0 Y D L S M A E T U U I M U L C R E T T L L P I L A N U N R I T H R A E L E P B D A H E S N T V C D E B I S R 0 D T I A R Y C H E N E L R V C K I N R A T 0 E E K S E T N Y U E R E T N R A S G E Total Votes Cast 8031 5506, 68.5~ 208' 625 2362 1795 1493 208~ 176C 74~' 391~'-~.~,.. 391~ Legislative Districts 1st Congressional Dist 8031 5506 68.5% 2081 625 2362 1795 1493 2086 1760 74~ 391~, 3916 2n___d State Senator Dist 80311 5506 68.5% 2081 625 2362 1795 1493 2086 1760 74~ 391~ 391~ 1st State Assembly Dist 80311 5506 68.5% 2081' 625 2362 1795 1493 20861 1760 749 391~ 3916 Supervisorial Districts 1st Supervisorial Dist 4 ~ 50.0~ 1 I £ 0 1 2 0 0 1 1 ~nd Supervisorial Dist 8027 550~ 68.5~ 2080 624 236; 1795 1492 2084 1760 749 3918 3915 ~rd Supervisorial Dist 0 £ 0.0~ 0 0 ~ 0 ~ O 0 0 0 ~th Supervisorial Dist 0 £ 0.0'~ 0 0 ~ 0 £ £ 0 0 0 ~th Supervisoria[ Dist 0 C 0.0 0 0__ 0 0 C £ O 0 0 C MunicipalitiesJ~~ Fort Bra~g 0 0 0.0~ C ~ 0 0 0 C C C Point Arena 0 q 0.0~ C 0 0 0 C C C 0 ~kiah 8031 550 68.5~' 2081 625 2362 17951 1493 2086 176C 74~ 391~ 3916 ~illits 0 0 0.0~ C C 0 C 0 0 C C C 0 ~nincorporated C 0 0.0% C C 0 C 0 0 0 C C 0 Check Total 8031 5506 68.5% 2081 625 236~ 1795 1493 2086 1760 74~ 391~ 3916 ~otes Cast at Polls 802~ 4335 54.0% 1687 422 191£ 134£ 1135 1721 1431 58' 3145 3140 tail Ballot Precincts 4 2 50.0% 1 1 C C 11 2 0 0 1 1 ~bsentees C 116~ 0.0~ 393 202 45~ 455 35i 363 329 168 773 775 ]VERALL TOTAL 803' 5506 68.5~ 2081 625 236~ 1795 149~ 2086 1760 749 3919 391~ -- -- i ****OFFICIAL STATEMENT OF VOTES CAST AT THE GENERAL ELECTION, NOVEMBER 7,2000 **** ~ CITY OF UKIAH Mayor Counci[member (Elect 2) Clerk Treas ~age N~ber 13.801.001 R~ ~ ~t K D P R, J E P E M ~ E A A H 0 I R A D A G R RI T V I Y M I U R A I N N H I L C L H I L S 0 0 Y D L S M A E T U U I M U L C R ~ E T T L L P I L A N U N R I T H R A E L E P B D A H E S N T V C D E B I S R 0 D T I A R Y C H E N E L R V C K I N R A T 0 E E K S E T N Y U E R E T N R A S G E ABSENT. PREC. NO. 200001 C 85 0.0~ 31 11 31 24 23 25 24 11 56 54 CONSOL. PREC. NO. 200001 638 305 47.8~ 134 35 109 97 69 101 97 44 '228 ~.. 232 ABSENT. PREC. NO. 200002 0 66 0.0~ 3C ~ 1~ 33 11 12 14 16 41 -i 44 CONSOL. PREC. NO. 200002 727 '386 53.0~ 152 35 165 111 86 14C 114 71 294 2R~ ~BSENT. PREC. NO. 20000~ 0 82 0.0~ 26 13 34 37 23 24 12 16 55 5~ SONSOL. PREC. NO. 200003 708 393 55.5% 183 35 15C 135 115 135 75 305 307 ~BSENT. PREC. NO. 200004 0 16; 0.0% 56 43 46 59 59 51 ~ 29 113 114 CONSOL. PREC. NO. 200004 87~ 43~ 50.3% 168 39 202 120 148 164 1 55 315 31~ ~BSENT. PREC. NO. 200005 Q 19E 0.0~ 56 31 99 81 64 66 29 122 12~ ~ONSOL. PREC. NO. 200005 901 51~ 57.1~ 167 43 264 185 120 217 207 40 359 358 ABSENT. PREC. NO. 200006 C 10~ 0.0~ 38 18 35 3E 3~ 33 33 9 65 65 CONSOL. PREC. NO. 20000~ 935 48E 52.1~ 19~ 59 203 147 102 199 155 60 348 347 ABSENT. PREC. NO. 200007 C 111 0.0) 2~ J~ 57 5C 2~ 34 42 12 77 72 CONSOL. PREC. NO. 200007 812 502 61.8~ 17~. 250 154 123 234 189 52 362 369 ABSENT. PREC. NO. 200008 ~ 140 0.0) 41 22 62 5~ 5~ 46 43 1~ 99 91 CONSOL. PREC. NO. 200008 73' 429 58.6) 155 32 21( 167 12~ 16~ 158 44 28~ 291 ABSENT. PREC. NO. 20000~ 0 116 0.0% 43 1~ 451 42 23 45 42 17 81 80 CONSOL. PREC. NO. 20000~ 907 438 48.2~ 177 43 18~ 97 110 199 160 6~ 31~ 316 ~BSENT. PREC. NO. 20001C 0 100 0.0% 43 21 27 41 40 27 22 16 64 68 CONSOL. PREC. NO. 20001C 796 440 55.2% 185 57 166 127 142 157 128 77 33~ 323 ~AILED PREC. NO. 999101 4 2 50.0% I I C 0 I 2 £ 0 I 1 ~*** T 0 T A L S **** 80311 550~ 68.5~ 2081 625 236~ 1795' 1493 2086 176C 749' 3919 3916 · ****OFFICIAL STATEMENT OF VOTES CAST AT THE GENERAL ELECTION, NOVEMBER 7,2000 **** -- CITY OF UKIAH Measure J Measure K Measure L Measure M G R R - E I R I N N R A N M N S 0 0 S K S P C C F T U U H H P R F R R E T T A B A 0 E R E 0 R L E L I A 0 A M E P L L N S M S D E A T E E 8 R C P M E 2 % V C I P A D M R 0 E T 0 Y A T 0 T T N Y I 0 Y 0 0 E T N R 0 M R A T R 4 1 S G E S 0 0 E D Y C R C S Y Y Y Y E N E N E N E N S O ~ o g o g o ~BSENT. PREC. NO. 200001 C 8S 0.0~ 26 42 14 58 27 4C 25 46 CONSOL. PREC. NO. 200001 638 305 47.8~ 114 171 43 24~ 126 151 104 178 ~BSENT. PREC. NO. 20000~ 0 66 0.0~ 25 2~ 13 38 21 2~ 26 21 ~ONSOL. PREC. NO. 200002 727 386 53.05 127 225 58 292 154 194 111 244 kBSENT. PREC. NO. 200003 0 82 0.05 25 40 16 55 33 32 34 CONSOL. PREC. NO. 200003 708 393 55.5) 117 248 55 306 170 196 133 23~ ABSENT. PREC. NO. 200004 0 162 0.0) 56 79 2~ 106 82 48 74 6 CONSOL. PREC. NO. 200004 87~ 439 50.3) 175 22~ 7S 32~ 179 219 183 21~ ABSENT. PREC. NO. 200005 0 198 0.0) 82 90 54 11S 79 93 CONSOL. PREC. NO. 200005 901 515 57.1~ 234 241 12C 35C 245 22~ 232 246 ABSENT. PREC. NO. 20000~ C 109 0.0% 44 54 17 8C 3~ 55 40 CONSOL. PREC. NO. 200006 935 488 52.1% 186 252 9~ 345 24~! 20] 208 2 ABSENT. PREC. NO. 200007 C 11~ 0.0% 4~ 5~' 2~ 72 5C 46 43 CONSOL. PREC. NO. 200007 812 50~ 61.8% 2~ 22~ 105 365 24' 223 225 245 ~BSENT. PREC. NO. 200008 6 14~ 0'0°I 55 40 83 5~ 6C 71 54 CONSOL. PREC. NO. 200008 731 42 58.6 19q 194 129 256 183 195 204 182 ~BSENT. PREC. NO. 200009 0 11 0.0% 4~ 51 32 67 55 41, 53 47 CONSOL. PREC. NO. 200009 907 43~ 48.25 15~ 237 92 306 201 197 171 236 ~BSENT. PREC. NO. 200010 0 10C 0.05 34 51 11 80 46 42 43 45 CONSOL. PREC. NO. 20001Q 796 44C 55.25 16C 244 74 33Z 193 215 15~ 24~ 4AILED PREC. NO. 99910T 4 2 50.0~ C 2. 0 2 O 2 C **** T 0 T A L S **** 8031 5506 68.5) 2146 2811 1106 387~ 2419 2504 2224 2795 SUMMARY ****OFFICIAL STATEMENT OF VOTES CAST AT THE GENERAL ELECTION, NOVEMBER 7,2000 **** CITY OF UKIAH Measure J Measure K Measure L Measure M Page Number 34.1860.0£ R T T J C K B L T M T E U U L E - E - A G R R E I R I X I N N R A N M N S 0 0 S K S P C C F T U U H H P R F R R E T T A B A 0 E R E 0 R L E L I A 0 A M E P L L N S M S D E A T E E 8 R C P M E 2 % V C I P A D M R 0 E T 0 Y A T 0 T T N Y I 0 Y 0 0 0 E T N R 0 M R A T R 4 1 S G E S 0 0 E D Y C % R C S Y Y Y Y E N E N E N E N S. 0 S , 0 ~ o S o Total Votes Cast 803' 550~ 68.5% 2146 2811 110~ 3877 2419 250z 2224 27~' Legislative Districts 1st Congressional Dist 803 550~ 68.5~ 2146 '2811 110~ 3872 2419 2504 222z 2795 2~ State Senator Dist 8031 550~ 68.5~ 2146 2811 110~ 3877 241~ 2504 2224 2795 1st State Asse~ly Oist 8031 550~ 68.5~ 2146 2811 110~ 3877 241S 2504 2224 2795 Supervisorial Districts 2~ Supervisoriat Dist 8027 5504 68.5~ 214~ 280 110 3875 241~ 250 222 2793 5rd SupervJsorial Dist ~ ~ 0.0~ C 0 C ~th Supervisorial Dist ~ 0 0.0~ C 0 C 5th Supervisoria[ Dist ~, 0 0.0~ C ~unicipalities Fort Bra99 0 0 0.0% C C C Q 0 C ( 0 ~oint Arena 0 0 0.0% ~ C £0 0 ~ £ 0 Jkiah 8031 5506 68.5% 214~ 2811 110E 387~ 2419 2504 222~ 2795 Jnincorporated 0 0 0.0% ~ C C 0 ~ C 0 Check Total 8031 550~ 68.5% 2811 110~ 3877 2419 2504 2224 2795 , Votes Cast at Polls 802~ 4335 54.0% 226~ 853 3117 1934 2017 172~ 2272 Mail Ballot Precincts 4i ~, 50.0% 0 Absentees £ 116~ 0.0~ 444 546~ 255! 75~ 485 485 495 52~ OVERALL TOTAL 803' 550~ ~.5~ 2146 2811 110~ 387~ 241~ 2504 2224 2795 RESOLUTION NO. 2000-42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH CALLING AN ELECTION AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF MENDOClNO FOR THE PROVISION OF ELECTION SERVICES AT THE CITY ELECTION TO BE CONSOLIDATED WITH THE REGULAR STATEWIDE GENERAL ELECTION WHEREAS, the City OF Ukiah did, by Ordinance No. 948, pursuant to the authority of Section 26503.5(a) of the Government Code, set the date for the General Municipal Election of the City of Ukiah to be held on the same day as the Statewide General Election; and WHEREAS, said Ordinance has been approved by the Board of Supervisors of the County of Mendocino as required by law, by minute order of said Board of February 15, 1994; and NOW, THEREFORE, BE IT RESOLVED that an election shall be called; that the General City Election shall be consolidated with the Statewide General Election, with the following election candidates: two City Council positions and the position of Mayor, City Clerk, City Treasurer, and all other required election matters; and that the County Clerk be authorized to provide election services as set forth in the proposed agreement attached hereto as "Exhibit A" and that said agreement be entered into by the Mayor of the City of Ukiah and the Chairman of the Board of Supervisors of the County of Mendocino. PASSED AND ADOPTED this 3rd day May, 2000, by the following roll call vote. AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2000- Page 1of 1 AGENDA SUMMARY ITEM NO. 3b DATE: December 6, 2000 REPORT SUBJECT: PRESENTATION REGARDING SCHOOL STREET TREE LIGHTING PROGRAM About a year ago, the Main Street Program Board had a vision to place permanent electrical fixtures on School Street for lighting the trees and providing an electrical outlet for vendors at special events. Christine Dillard, Main Street Executive Director, contacted the City to work in joint partnership to accomplish this ambitious endeavor. A Press Release announcing the goals of the project and requesting donations from the community went out via the media and there was an immediate and strong response, with nearly 48 people donating a total of $8,000 toward this project. City staff went out to bid for an Electrical Engineering firm to design the project and once this was completed the custom equipment was ordered, which required six to ten weeks for delivery. City crews, mainly from the Street Department but also with assistance from the Parks, Golf, Water, and Electric Departments, spent weeks on School Street trenching for the conduit placement as all work had to be done by hand. Public Works Superintendent Jim Looney is to be highly commended for his coordination of this entire project as are all of the participants who contributed by stepping out of their normal work duties to assist in completing this project. We also appreciate the assistance and coordination of Electric Supervisor Stan Bartolomei and Electrical Distribution Associate John Yoast for helping to complete this project. Total cost for the project, including labor, equipment, and materials, came to $33,000; just the material expense and overtime costs equaled $21,000. Due to the generous donations of our community, and the commitment of the Main Street Program, this project has been completed in time for the Christmas season and will be enjoyed by all for many years to come. The Main Street Board has asked to speak to the Council at the meeting. RECOMMENDED ACTION: Council receive Main Street Program report regarding School Street Tree Lighting Program ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: N/A Requested by: Main Street Program Prepared by: Candace Horsley, City Manager Coordinated with: N/A Attachments: List of City staff who participated in the School Street Tree Lighting Project 1. Program~or Tree Lighting Ceremony, includin~l list of sponsors APPROVED: (,~;~ 4:Can:ASRTree. O0 Candace Horsley, Cit~Manager SCHOOL STREET TREE LIGHTING PROJECT Joe Martin - Street Karl Davis - Street Darin Malugani- Street Gerald Hopper- Electric Dan Quarles - Electric Participated in entire project Fred Scott- Street Steve Herrera - Street Jerry Whitaker- Street Tom Glazier- Street Rotated with other duties Scott Lamb - Parks Ryan Bushby - Golf Partial participation Matt Froneberger- Water James Yoast- Water Ross Mayfield - Water Chris Hall- Water One day participation Jim Looney - Street Stan Bartolomei- Electric John Yoast- Electric Supervisor of Project Coordinator Coordinator 0 ~' 0 L9 MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, November 15, 2000 The Ukiah City Council met at a Regular Meeting on November 15, 2000, the notice for which had been legally noticed and posted, at 6:32 p.m. in the Civic Center Council Chambers, 300 Seminary Avenue, Ukiah, California. Roll was taken and the following Councilmembers were present: Smith, Libby, Baldwin, and Mayor Mastin. Councilmembers absent: Vice-Mayor Ashiku. Staff present: Community Services Director DeKnoblough, Police Administrative Captain Dewey, Assistant City Manager Fierro, Risk Manager/Budget Officer Harris, City Manager Horsley, City Attorney Rapport, Public Works Director/City Engineer Steele, Police Chief Williams, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Allegiance. URGENCY ITEM: City Manager Horsley announced there is a need to take immediate action and that the need for action came to the attention of the City subsequent to the agenda being posted. The Urgency Item concerns a Closed Session item regarding negotiations with the City's Electric Unit. MIS Smith/Baldwin to add the Urgency Item under Closed Session concerning negotiations with the City's Electric Unit, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. 3. INTRODUCTION OF EMPLOYEE 3a. Introduction of Diana Steele, Director of Public Works/City Engineer City Manager Horsley introduced Diana Steele as the City's new Director of Public Works/City Engineer. Ms. Steele is a Registered Professional Civil Engineer with the State of California and her professional registration also covers land surveying. She received her M.S. in Construction Engineering and Management from Stanford University and worked for over 18 years as an Engineer with Pacific Gas and Electric Company on a variety of assignments and has supervised over 107 staff members. She also was Project Manager for all phases of the North Gualala Water Company and for the last year was employed by the Town of Windsor. Diana and her husband live in Potter Valley. Diana Steele stated she is happy to be employed with the City and is anxious to tackle the challenges ahead. 4. PRESENTATION 4a. Presentation by Special Olympics Northern California Concerninq Its Year Round Sports Proqram City Clerk Ulvila introduced Lori Thiesen, Kim Thiesen, and Willie West, Global Messengers with the Special Olympics of Northern California area. DRAFT November 15, 2000 Page 1 of 9 Lori Thiesen explained the Special Olympics have new directors in Mendocino County and they are in the process of fund raising, soliciting for volunteers, and advising other athletes of their program. Year-round sports activities include swimming, bocce ball, track and field, and basketball. She further discussed the Special Olympics program in Mendocino County and encouraged those interested in the program to volunteer their time or services. Kim Thiesen stated her favorite sport is basketball, and also participates in swimming, bocce ball, and track. Willie West stated his favorite sport is swimming because he is able to participate without the use of his wheelchair. He also participates in track and field, basketball, and in wheelchair races, and looks forward to more athletes competing in this event. Councilmember Smith explained that a number of his employees at Mayacama participate in the Special Olympics programs. He encouraged everyone to support the program as much as possible. 4. PRESENTATION 4b. Report on Status of Taylor Drive Transfer Station Construction Project City Manager Horsley advised that Behler Construction Company is the contractor for Solid Wastes Systems, Inc. to construct the Taylor Drive Transfer Station. Mike Behler, General Manager of Behler Construction, has submitted a revised schedule for completion of the Transfer Station construction, which verifies they are meeting the Council's deadline. Jim Salyers, Solid Waste Systems, Inc. advised that the Transfer Station would begin operations by May 1, 2001. Mr. Behler is working with EBA Wastechnologies (EBA) to coordinate the various components of the construction completion process. Mike Behler, general contractor, discussed his work experience on Public Works projects. He explained that the project site is now winterized, fill has been brought in to provide the base elevation, erosion control measures are in place, and his firm will continue to work on the project throughout the winter. He noted that they tried to factor weather into their schedule, and then continued with discussion of construction of the building. He is confident that they will meet the May 1, 2001 completion deadline. 5. APPROVAL OF MINUTES 4a. Regular Meetinq of November 1, 2000 MIS Smith/Baldwin approving the minutes of the November 1,2000 Regular Meeting as presented, carried by the following roll call vote: Councilmembers Smith, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: Councilmember Libby. 6. RIGHT TO APPEAL DECISION DRAFT November 15, 2000 Page 2 of 9 Mayor Mastin read the appeal process. 7. CONSENT CALENDAR MIS Smith/Libby approving items a through c of the Consent Calendar as follows: a. Approved Disbursements for Month of October 2000; b. Received Report of Emergency Rental of Scraper for the Ukiah Solid Waste Disposal Site; c. Awarded Acquisition of Caterprillar 924GZ Wheel Loader to Peterson Tractor in the Amount of $101,077.76 for the Department of Public Works. Councilmember Baldwin inquired as to the disposition of Landfill equipment after the Landfill closes. City Manager Horsley explained that any equipment that cannot be used by the Public Works Department would be sold. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS No one came forward to address Council. NEW BUSINESS 10a. Approval of Amendment to Mendocino Solid Waste Manaqement Authority (MSWMA) Ground Lease AIIowinq the General Public to Come to the Leased Premises by Appointment City Manager Horsley explained that Mendocino Solid Waste Management Authority (MSWMA) currently holds a Lease with the City of Ukiah, through October 2005, for its facility site on Plant Road. As part of the Lease Agreement, the general public is not allowed to bring household hazardous waste directly to the leased premises. She discussed some of the reasons for allowing people to visit the site and that they can make an appointment. She further discussed the amendment to Section 4.2 of the Lease Agreement. A meeting was held with County staff, Mike Sweeney, and City staff to assure that all agencies within this leased property had discussed the operations and concerns related to the expansion of the MSWMA Program. All parties are in agreement with the language that is in the Lease Amendment, and staff is recommending approval by Council. Councilmember Baldwin inquired if neighboring properties to the project had been notified. City Manager Horsley explained that a notice was published in the newspaper but notices were not sent to the neighboring properties. Mike Sweeney, MSWMA General Manager, thanked City Manager Horsley for her assistance in processing the lease. MSWMA hopes the appointment process will increase DRAFT November 15, 2000 Page 3 of 9 the convenience to residents in Ukiah. He supported the amendment to the lease. MIS Baldwin/Smith approving Amendment to the Ground Lease Agreement with MSWMA allowing the general public to come to the leased premises by appointment, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. 9. PUBLIC HEARING 9a. Consider Receipt of $105,128 Fundinq and Approval of Spendinq Plan for California Law Enforcement Equipment Grant Program (CLEEP) and Approval of Budqet Amendment Police Chief Williams explained that the Police Department is in receipt of a $105,128 grant to fund the purchase of high technology equipment. Prior to the expenditure of grant monies, a Public Hearing must be held and the funds need to be spent by July 1, 2001. Since the Agenda Staff Report was prepared, the Police Department has been coordinating for future purchase of a computer program to allow them to share current information and booking procedures throughout the County. The costs outlined in the Staff Report are estimates, and any excess funds would be used for similar items. He further discussed revenue received from fines. Upon an inquiry by Councilmember Baldwin concerning the use of a computerized voice stress analyzer, Chief Williams discussed new technology that is more acceptable throughout the state. He noted that the County District Attorney's office recently purchased such a machine, which takes the place of a polygraph and is easier to use. He further discussed training and savings with the purchase of a voice analyzer. Upon an inquiry by Councilmember Libby with regard to the replacement of computers, Chief Williams explained that some computers would be replaced with programs currently needed. Public Hearing Opened: 7:10 p.m. No one came forward. Public Hearing Closed: 7:10 p.m. MIS Libby/Baldwin approving CLEEP spending plan as presented by the Police Department, and approving amendment to the 2000/01 budget increasing revenue in account 205.0600.488.001 by $105,128 and expenditures in accounts 205.2001 .xxx. xxx by $105,128. Councilmember Libby inquired about the use of the Less-Than-Lethal System and training for Police Officers. Chief Williams acknowledged that numerous agencies throughout the County are currently using this System. A survey of other agencies was conducted and it is acceptable with law enforcement agencies. The System will be stored in a rack in the trunk of the police vehicle. He discussed the use of equipment by officers and training. DRAFT November 15, 2000 Page 4 of 9 Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. NEW BUSINESS 10b. Approval of Application Process and Adoption of Resolution of Support for California Trees for the Millennium Grant Project Assistant City Manager Fierro advised that the Trees for the Millennium grant proposal is available to local governments and other non-profit agencies. The grant will provide funds for the planting of trees throughout an area designed as "public lands", as part of the creation or enhancement of an "urban forest". Staff is recommending the City apply for a $50,000 grant and work with local community groups for species selection, planting, and outreach services. City staff would provide in-kind services, which will include planting, watering, and administration of the grant. A pad-time employee will be needed during the summer months to assist in the watering of these trees at an estimated cost of $3,120 per year. If the grant were approved, approximately 600 trees would be planted throughout the City. The deadline for the application is November 30, 2000, and the project must be completed by March 1,2003. He noted that a certified arborist must approve the trees and this cost is covered through the grant funds. City Manager Horsley explained that the proposal calls for a majority of the trees to be planted in the City's parks and areas near the Golf Course. Staff is currently working with the Shade Brigade with regard to appropriate sites for plantings. Jennifer Puser, member of Mendocino County RELEAF, explained that RELEAF will provide media coverage of the project and they expect many volunteers to be available during the tree planting process. She thanked the City for it's long term commitment to watering and maintaining the trees. She noted that the merchants are currently watering most of the trees along State Street. Councilmember Baldwin expressed concern that the tree planting not preclude future undergrounding of utilities. He recommended staff consult with the City Engineer to ensure the project would not be a barrier to the undergrounding process. MIS Baldwin/Smith adopting Resolution No. 2001-31 for funds for the Urban Forestry Grant Program as provided through the California Trees for the Millennium Initiative funded through the Forest Resource Improvement Fund, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None NEW BUSINESS 10c. Modification of Local Guidelines for 1999 HOME First Time Home Buyer Pro~ram Risk Manager/Budget Officer Harris explained that earlier this year the City of Ukiah was awarded a $375,000 HOME grant for a First Time Home Buyer Program administered by DRAFT November 15, 2000 Page 5 of 9 the Community Development Commission (CDC) of Mendocino County. The original limit of $30,000 for the down payment assistance, in conjunction with the required Iow/moderate income limits, restricts the ability to find eligible houses for sale in Ukiah. The costs of units, tight housing availability, and relatively Iow income/purchase price ratio have been significant stumbling blocks to implementing this program. It does not appear the house price range will decline nor will the income levels mandated by HUD be raised to increase the feasibility of this program. The proposal by CDC is to increase the limit of the maximum down payment by $20,000, thereby expanding the price range of housing units available to buyers in this program. The Mendocino County Board of Supervisors has approved this proposal for its countywide program. He noted that the County has a similar situation with high housing costs. He briefly discussed constraints on the program and other alternatives to the situation. The $20,000 increase could reduce the goal of 13 loans by up to 4 (31%), but it would substantially improve the chances for the remaining funds to be used for house purchases. Councilmember Libby expressed concern that $50,000 may not be a sufficient amount of assistance and possibly $60,000 would be more appropriate to encourage home purchases. Mr. Harris advised that it is preferable for the Council to proceed with the recommended action of CDC, however, the amount may need to be increased at a future date if lack of eligible housing continues to be a problem. He stated he did not know what implications a deeper subsidy would have with the State Housing and Community Development Department that administers the grant. He further noted that the program would not create new housing in the community, but allows Iow and moderate-income people to afford to buy existing structures, thereby increasing affordability. He advised there is no deed restriction. Discussion ensued concerning available housing within the community and the cost of housing. It was further noted that the amount that the applicant pays is based on the family size and HUD income levels. The formula for determining eligibility was discussed. MIS Smith/Libby approving modification to Local Guidelines for the HOME First Time Home Buyer Program allowing a maximum of $50,000 for each down payment assistance loan. Councilmember Baldwin was dubious of the program because there is no deed restriction and that the money might be better spent for new development, with the assurance that development would stabilize the housing market. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None. ABSENT: Councilmember Ashiku. ABSTAIN: None. DRAFT November 15, 2000 Page 6 of 9 NEW BUSINESS 10d. Set Date for Reception for Outgoing Councilmembers and SwearinQ-In Ceremony City Manager Horsley advised that whenever there is an election and a change on the Council, a Reception is held to honor any outgoing members as well as welcome new and returning members. Consensus of Council determined it appropriate to set the date of December 6, 2000 at 5:30 p.m. to hold the Mayor's Reception and subsequent Swearing-in Ceremony. NEW BUSINESS 10e. Consideration and Adoption of Resolution Approvinq Memorandum of Understandinq for Employee Bargaining Unit - Department Head Unit City Manager Horsley advised that the matter would be discussed during Closed Session. 10f. Consideration and Adoption of Resolution Approvinq Memorandum of Understandinq for Employee Barqainin.q Unit - Manaqement City Manager Horsley advised that the matter would be discussed during Closed Session. 11. CITY COUNCIL REPORTS Councilmember Smith reported attending a presentation by the State Employment Training regarding kiosk networking for job development potential through the One-Stop Centers developed by the Workforce Investment Act. He discussed the kiosk system and cited ways in which it may be beneficial for various City services. The Workforce Investment Board will be applying for a grant for kiosks. He reported that he attended a meeting of the Main Street Board of Directors on November 2, and that Assistant City Manager Fierro is the new staff liaison, replacing Community Development Director DeKnoblough. The tree lighting project is near completion and the tree lighting ceremony will take place on December 7, 2000. Councilmember Libby reported the Small Town Christmas would be held on December 2nd, a truckers' parade will take place along State Street, and there will be a musical presentation. The Sun House Guild Board of Directors met and they plan to raise $85,000 more for the building fund, with a goal of $1 million. Construction of the new addition is two weeks behind schedule. Their Christmas Open House is schedule for December 2 and Santa will be present. There will be a volunteer appreciation luncheon on December 11, 2000 to recognize those who volunteer their time at the Sun House Guild Museum. Mayor Mastin reported that MSWMA met this month and noted that the electronics recycling program has been reinstated. Items such as computers, monitors, and TV's can be recycled. There will be a small charge for older items. It is expected there will be a backlog of items since the program has been inactive for a while. DRAFT November 15, 2000 Page 7 of 9 12. CITY MANAGER/CITY CLERK REPORTS City Manager Horsley advised that Public Utilities Director Darryl Barnes would be undergoing surgery again for his toe. He may not be able to return to work for at least another week. She reported that Channel 50 did an exposb on the California Department of Forestry's fighter-bombers. The City of Ukiah is one of four stations in the state that will get the new bombers. There will be a NCPA conference in Washington, D.C. in January 2001. Councilmember Ashiku plans to attend and other Councilmembers interested should contact her. She reported receiving a call from Sun Air, who purchased Ascot Air, and they will be discontinuing service on December 1, 2000. However, they are regrouping and may not leave Ukiah entirely. Staff will continue to work with them and encourage them to remain in Ukiah. They need to market and advertise their services better. City Clerk Ulvila advised the County Clerk's Office anticipates that the 161 Absentee Ballots will be counted by the end of the week, which will determine the final outcome of the City Council election for two seats. Discussion followed concerning the procedure for counting Absentee ballots by the Mendocino County Elections Department. Recessed: 8:05 p.m. Reconvened: 8:31 p.m. Adjourned to Closed Session: 8:32 p.m. 13. CLOSED SESSION a. G.C..~54957.6 - Conference with Labor Neqotiator Employee Negotiations: Department Head Unit Labor Negotiator: Candace Horsley b. G.C. _654957.6 - Conference with Labor Neqotiator Employee Negotiations: Management Unit Labor Negotiator: Candace Horsley c. G.C..~54957.6 - Conference with Labor Neqotiator Employee Negotiations: Electric Unit Labor Negotiator: Candace Horsley Reconvened: 9:16 p.m. 10e. Consideration and Adoption of Resolution Approving Memorandum of Understandinq for Employee Barqainin~ Unit- Department Head Unit MIS Baldwin/Libby adopting Resolution No. 2001-32, Adopting the Memorandum of Understanding between the City of Ukiah and the Department Head Unit, carried by the DRAFT November 15, 2000 Page 8 of 9 following roll call vote: .AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: None..AE~$£NT: Councilmember Ashiku..ABST.AIN: None. 'I4..ADJOURNM£NT There being no further business, the City Council meeting was adjourned at 9:17 p.m. Marie Ulvila, City Clerk DRAFT November 15, 2000 Page 9 of 9 ITEM NO. 6a DATE: DECEMBER 6, 2000 AGENDA SUMMARY REPORT SUBJECT: REJECTION OF CLAIMS FOR DAMAGES RECEIVED FROM BETTY LOUISE CLAPPIER, INDEPENDENT ADULT SERVICES, AND ERIKA YOUNG AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND The claim from Betty Louise Clappier was received by the City of Ukiah on November 7, 2000 and alleges damages related to a trip and fall at Standley and Main Streets on September 12, 2000. The claim from Independent Adult Services was received by the City of Ukiah on November 13, 2000 and alleges damages related to a power surge on September 26 or 27, 2000 at 331 West Perkins Street. The claim from Erika K. Young was received by the City of Ukiah on November 16, 2000 and alleges damages related to a trip and fall at Empire and Incline on November 6, 2000. Pursuant to City policy, it is recommended the City Council reject the claims as stated and refer them to the Redwood Empire Municipal Insurance Fund (REMIF). RECOMMENDED ACTION:Reject Claims For Damages Received From Betty Louise Clappier, Independent Adult Services, and Erika Young And Refer Them To The Joint Powers Authority, Redwood Empire Municipal Insurance Fund. ALTERNATIVE COUNCIL POLICY OPTIONS' Alternative action not advised by the City's Risk Manager. Citizen Advised' Requested by: Prepared by: Coordinated with' Attachments: Yes Claimants Michael F. Harris, Risk ManagedBudget Officer Candace Horsley, City Manager 1. Claim of Betty Louise Clappier, pages 1-4. 2. Claim of Independent Adult Services, pages 5-8. 3. Claim of Erika K. Young, pages 9-11. APPROVED"~~--~"~~,..__ ' ca-n-d~ce Horsley,-Cit Manager mfh:asrcc00 1206 CLAIM NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORk IA This claim must be presented, as prescribed by Parts 3 and4 of Division 3.6, of Ti .f the State of California, by the claimant or by a person acting on his/her behalf. ~ e RETURN COMPLETED FORM TO: CITYOF UKIAH I.._.~~-~ Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 [~ CITY CLERK'S DEPARHTMENT Number/Street and/or Post Office Box - - City State ~on~e Phone Number Zip Code Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING.THIS CLAi~M SHOULD BE SENT (if different from above): ,.,.,_., _ n L, be~lStre . t and/or Post Offic~ B ~ ~ei~hone C~y State Zip Code more space is needed): ~ . ~ [ I I ~ /c~uVl.-.ld~ . ~ ~ ~, . NAME(S), ff known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: . WITNESS(ES), ff known (optional): Name Address Telephone bo 9. DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBUO~T~N, INJURY, DAMAGE OR LOSS ~o, fac ~ as i~may b~ k~own at the time ,f~sentation of the c~im:. ~;~ ~J,-~;~ [ ~ 0 )~ ~~(;~ 11. 12. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage orioss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10, 000), no dollar amount shall be included in the claim. However, it shall indicate whetherthe claim would be a limited civil case (CCP § 85)." or Applicable Jurisdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages foc General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damages: $ Prospective general damages: $ This claim must be signed by the claimant or by some person on his/her behalf A claim relating to a cause of action for death or for injury to the person or to personal property or growing crops shall be Presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. ¢~laims relating to any other cause, s of action shall be presented not later than one (1) yezC'a/t~c_gc~al o( the ¢'~e of action. -r~ -- ~I~I-A TUR-E ~'F CL~If~ANT(S) .- Received in the Office of the City Clerk this . % day of ~~¢~~~~ , 20~ . NOTE: This form of claim is for your convenience only. Any other type of fo used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 2000 lee FT-52808 Patient: Betty Clappier (3597) 1535 S State URiah, CA 95482 SSAN: 093-40-1452 Home Ph: (707) 468-55!6 Work Ph: (707) 463-5666 !.' PATIENT FEE TICKET Or~: 1 Peter Keegan M.D. Resp Part},: same !nsur'ance Carrier Subscriber Relationship 2: 3: Last Visit:e9/18/00 008:07/03/37 Age:63 Employer: O,~te Proc Oescri,2tion Brief office visit, es Oose_~ 1 Amount DIAG Place 25.00 924.10 Office O__iaqnosis t Comments 1:924.10 I 2: 372 .erg ! 3: ...... ! Peter Keegan General Fami 1367 S Dora Ukiah, 'CA 95 707-463-2701 M.D. ly Medicine St Recall Dr: Reason: NOTE: Please use this form to Bill your Insurance Company I FT Charges: ! FT Payments: ] FT Ad,j,Jstments: 2.S 0.00 0 FT Balance: New Acct Pal: 25.00 0.00 NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFOF This claim must be presented, as prescribed by Parts 3 and 4 of Division 3. 6, of Title State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 1. CLAIMANT'S NAME: 2. CLAIMANT'S ADDRESS: ~rnmen'['~lI~ NOV 13 2000 I IUJ CITY OF UKIAH CITY CLERK'S DEPARTMENT Number/Street and/or Post (~ffice Box State Home Phone Number Zip Code Work Phone Number 3. PERSON TO WHOM NOTICES REGARDING THIS CLAIM SHOULD BE SENT (if different from above): . . o . Name Number/Street and/or Post Office Box ( ). Telephone City ~ / State DATE OF THE ACCIDENT OR OCCURRENCE: .~c~ ~ PLACE OF ACCIDENT OR OCCURRENCE: ~~~ Zip Code GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): ~ ,/~ ~-..~ . /../.~_~,,_~_ ~, ,, ..r/~x~ ~, ~~,c ~. ~/~ ~~ .. NAME(S), ff known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: . WITNESS(ES), ff known (optional): Name a. Address Telephone b. 9. DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address a. b. Telephone 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the claim: 11. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated a~nount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 below). However, if the amount claimed exceeds ten thousand dollars ($10, 000), no dollar amount shall be included in the claim. However, it shall indicate whether the claim would be a limited civil case (CCP ~ 85)." ,. Amount Claimed $_ ~. ~ ~ or Applicable Jurisdiction 12. THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special damages foc General damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: Future loss of earnings: Other prospective special damages: Prospective general damages: $ $ $ $ This c/aim must be signed by the claimant or by some person on his/her behalf. A c/aim 'relating to a cause of action1 for death or for injury to the person or to personal property or growing crops shall be presented not later than six (6)J calendar months or 182 days after the accrual of the cause of action, whic~eu4er is long r. Claims ting anj other causes of ~ctiop shall be presented not later than one'.(1) y r a rua c se o · SIGNATURE OF~ANT(s) ReceivedintheOfticeoftheCityC/erkthis _//~ _dayof ,.~~f~'wJ~_,_~ ,20.Z~. NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Govermnent Code. The use of this form is not intended in any way to advise you of your legal rights or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. E! ay STANDARO SALE ~,~;r,~ t 00006 87277 QTY SKU PRICE ~1 BROTHER THERMAL FA nl~'SO"'~L'~="~'"'- d 9.9.9R v.J.~..~ :,-'.~'-' 1'--' '"--1 1 9.5Xll 1650CT 177071 52 ITE~ CORRECT LINE ~ 1 1 8 99.98 -99.98 1 E:ROTH~r, IHERMAI FA 01~ ~,= ~ o .. ~,0.- .~6~._,46 :,9.98 <SALE::' ~ICKET ~ ..',-,o !0 : ~, ..-,.98 .00 % OFF 0; ~_.~,r,l,lc. :' -_'. REASON FOR ' '~ ....... 1 PASTEL m--, o,~b~iu~ LTR 010199083258 6.86 ! PASTEL' LILAC LTR 5 010199083234 6.86 1 CASIO ~l_i~l r~INTER ~ SURGE~P..STER PROTEC 72286811:B64 ! 16.97 SUE', TOTAL 184.95 07.25% T~X 1~.4! TOTAL $198. -~6 H/C - VISA ACCOU~!T NIJME:ER 5474970000126722 09/02 ~HT-fl~.~7~TT~ .... ~"'o~, u.n~_~ .... ~-~ r~,_~.~ 014631 198.36 STF4F'LES WILL NOT E:~-_- UN[IERS'OLE~ !" THANK YOU FOR SHOF'PIi..J.G AT STAPLES! NOTICE OF CLAIM AGAINST THE CITY OF UKIAH, CALIFORNIA This claim must be presented, as prescribed by Parts 3 and 4 of Division 3.6, of Title l, of the Government Code of the State of California, by the claimant or by a person acting on his/her behalf. RETURN COMPLETED FORM TO: lm . CITY OF UKIAH Attn: City Clerk 300 Seminary Avenue Ukiah, California 95482 .' CLAIMANT'S ADDRESS: Number/Street and/or Post Office Box N©V 16 2O00 CITY OF UKIAH CITY CLERK'S DEPARTMENT cW/4/./ c~ Home Phone Number State Zip Code Work Phone Number PERSON TO WHOM NOTICES REGARDING'THIS CLAIM SHOULD BE SENT (if different from above): Number/Street and/or Post Office Box City State 4. DATE OF THE ACCIDENT OR OCCURRENCE: ~/~- ~-- ~D 5. PLACE OF ACCIDENT OR OCCURRENCE: ~,),~/V~/~ ~/z ~'~W//o//~£ ( ) Telephone o Zip Code · GENERAL DESCRIPTION OF THE ACCIDENT OR OCCURRENCE (Attach additional page(s), if more space is needed): 1 NAME(S), ff known, OF ANY PUBLIC EMPLOYEE(S) ALLEGEDLY CAUSING THE INJURY OR LOSS: WITNESS(ES), ff known (optional): Name b. Address Telephone . DOCTOR(S)/HOSPITAL(S), if any, WHERE CLAIMANT WAS TREA TED: Name Address Telephone b. 10. GENERAL DESCRIPTION OF THE INDEBTEDNESS, OBLIGATION, INJURY, DAMAGE OR LOSS so far as it may be known at the time of presentation of the c/aim: ._~v~ 7~ ~)t~ / /-/,~'C ,~Z- ~- 11. 12. STATE THE AMOUNT CLAIMED if it totals less than ten thousand dollars ($10,000) as of the date of presentation of the claim, including the estimated amount of any prospective injury, damage or loss, insofar as it may be known at the time of the presentation of the claim, together with the basis of computation of the amount claimed (for computation use #12 be/ow). However, if the amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be included in the c/aim. However, it shall indicate whether the claim would be a limited civil case (CCP § 85).' Amount Claimed $, -~ ~0~. ~ or Applicable Jurisdiction THE BASIS OF COMPUTING THE TOTAL AMOUNT CLAIMED IS AS FOLLOWS: (7~"/, ~--~ a. Damages incurred to date: Expenses for medical/hospital care: Loss of earnings: Special. damages for. Genera/damages: b. Estimated prospective damages as far as known: Future expenses for medical and hospital care: $ Future loss of earnings: $ Other prospective special damages: $ Prospective genera/damages: $ This claim must be signed by the claimant or by some person on his/her behalf. A c/aim relating to a cause of ach'on for death or for injury to the person or to persona/property or growing crops shall be presented not later than six (6) calendar months or 182 days after the accrual of the cause of action, whichever is longer. Claims relating to any other causes of action shall be presented not later than one (1) year after accrual of the cause of action. Received in the Office of the City Clerk this ~ day of ~ ~ ) , 20 ~') . NOTE: This form of claim is for your convenience only. Any other type of form may be used if desired, as long as it satisfies the requirements of the Government Code. The use of this form is not intended in any way to advise you of your legal r~ghts or to interpret any law. ff you are in doubt regarding your legal rights or the interpretation of any law, you should seek legal counsel of your choice at your own expense. Rev. 5/18/99 tO Refer: paragraph 6 General Description. At approx. 5:45 PM on 11-6-00 while walking west with my daughter on the south side of Empire near the comer of Empire and Incline I tripped on a raised sidewalk. The raised portion of sidewalk was at least 4" or more. I had not walked this area before and was not aware of this hazard. When I fell, I fell forward landing on my hands and knees. Both knees are very painful. The right was skinned up, and the left, which has a steel plate in it, is very sore. My right hand was injured and black/blue and very swollen. X-rays were taken by Dr. Baltins office. My knees were only bruised. The right hand and wrist required an Ace bandage and hurts very bad. At this time I can not use it. (11-16-00) At the time of the fall the jogging pants I was wearing were tom and no longer usable. Officer Peter Hoyle was sent to my house to talk to me. He looked at the area where I fell, and took pictures of my knees and hand. I don't understand why the city can not keep the sidewalks in a better state of repair. A tree planted by the city had caused the raised spot where I fell. This same tree is also trimmed by the city. One would think the workers doing the trimming would see and report/repair this type of hazard. There are many more areas just like this that are never attended to. ITEM NO. 6b DATE:.. December 6, 2000 AGENDA SUMMARY REPORT SUB~mCT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR THE PURCHASE OF ELECTRIC METERS TO WESCO IN THE AMOUNT OF $6,123.98. In compliance with Section 1522 of the City of Ukiah Municipal Code, this report is being submitted to the City Council for the purpose of reporting the acquisition of material costing more than $5,0000 but less than $10,000. Quotations were requested for the purchase of the following ABB meters, with no substitutions allowed: 12 - FM 16S, Type AID+ 10 - FM 9S, Type AID+ 6 - FM 12S, Type AID+ ABB meters and software were determined by City Staff to be the best application for the needs of the City. The meters will be placed in warehouse stock for new services and the continuing meter change out program. Wesco is the sole supplier for ABB meters, (ABB policies for distribution, see attachments). The bid was opened by the Electric Department Nov. 13, 2000 at 1:00 p.m. A purchase order was issued to Wesco in the amount of $6,123.98 including tax and freight. They have been budgeted in the 2000/2001 Fiscal Year in Account Number 800.3650.690.000. Sufficient funds are available. RECOM~~D ACTION: Receive and file report regarding the award of bid to Wesco in the amount of $6,123.98. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Supervisor Prepared by: Judy Jenney, Purchasing & Warehouse Assistant Coordinated with: Candace Horsley, City Manager Attachments: ABB Dis~-t~ution Policies APPROVED~ ~~.~ ~ Candace Horsley, ~ity Manager AUG 29 '9? 14:54 FR ABB ROGERS LANE 919 212 4717 TO 917074672811 P.01/02 ABB Network ,P. artner ABB Power T&D Company Inc. Information Systems Division 201 South Rogers Lane Raleigh. North Carolina 27610-2107 USA Tel: +1-919-212-4700 Fax:+1-919-212-4717 FacsimileTransmittal TO: CC; From: City of Ukiah, California Pat Corrigan Date: 8/29/97 Total pages including this one: Telefax: 7074672811 Direct Line: Telefax: +1-919-212-5071 +1-919-212-4717 SUBJECT: Single Distribution To the Honorable Board of the City of Ukiah, CA: We do not have multiple channels of distribution for our metering product lines. We tried using multiple channels at one time, but the result was extreme difficulty coordinating effective service and support back to the operations departments of our many public power customers. In public power metering, service and support have always been critical issues but they are even more so today. We know our metering operations customers very well and we know that they operate with a very high level of integrity. At the end of the day, they are the keepers of the cash register of our industry. By keeping close tabs on our distributors we are able to achieve a higher confidence that our distributors are property supporting our public power customers; thereby preventing mistakes and misunderstandings. Modern electricity meters produced today (like our Alpha Meter) can hold measurement accuracies anywhere from five to twenty times better (closer to true 100%) than the older electromechanical meters. They can also offer much more information about the quality and diagnostic natures of the electricity at the service point. However, excellent technical and commercial support are essential to succesful use of the new metering technology. R~C,~cffu Ily/¢~ Patrick Cordgan Marketing Manager Electronic Metering ~., ~, ~ 9~B2 August 25, 1997 ABB PO~R T ~ D 201 S. Rog~s Lm ~ei~ NC 27610 A~: Pat Co~g~ [e: ~B-~ew Oen~don ~Iph~ Plus Meters ~ per o~ Ci~ M~cip~ Code, ~der ~cle 2 - ~idd~ ~o~es, we ~ req~red to solicit bi.presses ~om a ~m~ of t~e suppli~s/dis~ibu~, We r~m yo~ assimce in providing us ~ ~ee suppli~/~sffibuto~ in CMifomia ~or Oregon, W~gton, Nevada or Arizona. 81 ~mp~y Nme ~~ Con~t _ T~ you for your ~sismce. Judy Je~ey~ublic Utilities 7071467-2825, Fa: 707146%2811 Pl.JG Z~5 '97 12:51 7074672811 PAGE. TOTAL PAGE.02 ** ITEM NO. 6c DATE: December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL REGARDING ADVERTISING FOR VACANCY ON THE PLANNING COMMISSION AND ACCEPTANCE OF RESIGNATION OF ERIC LARSON TO THE PLANNING COMMISSION On November 7, 2000, Eric Larson was elected to the City Council and on November 27, Mr. Larson submitted his resignation from the Planning Commission. In order to expedite the appointment process, the City Clerk's office issued a News Release on November 27 soliciting applications to fill the vacancy on the Planning Commission of a term that expires June 30, 2001. The deadline for submittal of applications has been set for December 28, 2000 at noon. The appointment to the Planning Commission will be considered at a January 2001 City Council meeting. RECOMMENDED ACTION: Receive Report to Council and Accept the Resignation of Eric Larson to the Planning Commission. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that the date for City Council appointment to the Planning Commission should be changed. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Candace Horsley, City Manager Marie Ulvila, City Clerk Candace Horsley, City Manager 1. News Release dated November 27, 2000 2. Resignation of Eric Larson from the Planning Commission APPROVED~..._.._(~ Can~a~e Horsley, Cit~ M~nager ! ASR:Planning Commission vacancy 300 SEMINARY AVE., UKIAH, CA 95482-5400 · ADMIN. 707/463-6200 · PUBLIC SAFETY 463-6242/6274 · FAX # 707/463-6204 · EMAIL: ukiahcty®jps.net · .NEWS RELEASE OPPORTUNITY TO SERVE YOUR COMMUNITY DATE: FOR RELEASE: SUBJECT: CONTACT: November 27, 2000 Immediately Vacancy on City of Ukiah Planning Commission Marie Ulvila, City Clerk, 463-6217 UKIAH, CA.- The City of Ukiah announces there is a vacancy on the Planning Commission effective November 27, 2000 to fill an unexpired term of office. This term of office will expire June 30, 2001. Any qualified individual who would like to make a difference in their community and is interested in serving as a volunteer may apply for this vacancy. Applicants must reside within the City Limits of Ukiah. Applications are located at the reception counter in the administration wing of the Ukiah Civic Center, 300 Seminary Avenue, or call 463-6217 for an application to be mailed or faxed to you. The submittal deadline is December 28, at noon. The appointment to the Planning Commission will be considered at the first regular City Council meeting in January 2001. Marie Ulvila, City Clerk C~ KUKI/KIAH KPFM KVVNE KOZT KFWU KZYX KMFB PRESS DEMOCRAT KNTI UKIAH DAILY JOURNAL If you have any questions regarding the election process, you may contact City Clerk Marie Ulvila at 463-6217. Press Rel: PR Planning Commission 'We Are Here To Serve" ITEM NO. DATE: 6d December 6. 2000 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE PURCHASE OF A USED FORKLIFT FROM ACCURATE FORKLIFT, INC. FOR THE SUM OF $9,920.63. REPORT: Included in the 2000/01 Budget in Fund 820.3908.800.000 is $10,000 to purchase a used forklift for use at the water treatment plant. The forklift will be used to off-load and position chemicals used at the plant, and be used for general lifting and maintenance functions. Four forklift dealers were contacted and given general specifications to follow. All four dealers submitted informal bids which were evaluated by staff. The lowest bid from Accurate Forklift Inc., for the sum of $9,920.63, was found to be an excellent machine and the only bid within the budget. Accurate Forklift, Inc. has been issued a purchase order. Based on purchasing policies, we are giving the City Council the required notification of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase of a used forklift from Accurate Forklift, Inc. for the sum of $9,920.63. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Prepared by: George Borecky, Water/Sewer Operations Superintendent Coordinated with: Candace Horsley, City Manager Attachments: Tabulation of Bids APPROVED: Candace Horsley, Ci~ Manager 0 0 0 > 0 N {-- AGENDA SUMMARY ITEM NO. DATE: December 6, 2000 REPORT SUBJECT: AUTHORIZATION OF SOLE SOURCE PURCHASE OF COMPUTER VOICE STRESS ANALYZER FROM NATIONAL INSTITUTE FOR TRUTH VERIFICATION IN THE AMOUNT OF $10,417.19 SUMMARY: On November 15, 2000 the City of Ukiah City Council held a public hearing and approved a spending plan for the California Law Enforcement Equipment Grant Program. As part of the spending plan, the Police Department requested funding for a Computerized Voice Stress Analyzer (CVSA). Historically, the Ukiah Police Department has used Polygraph Exams for criminal investigations and pre-employment examinations. Over the last few years, new technology has been developed which is less intrusive and easier to use by investigators. In the last decade, the Computerized Voice Stress Analyzer (CVSA) has been developed as an alternative to the Polygraph Machine. This new technology is currently becoming a standard across California and is being used by departments such as the California Department of Justice and the California Highway Patrol. Our department has commenced a cooperative effort with the Mendocino County District Attorney with this new technology and has found the results more conclusive and easier to obtain than the old technology. Our intent is to purchase a Computerized Voice Stress Analyzer and expand the number of investigators trained in its use. Currently, only the National Institute for Truth Verification (NITV) manufactures and distributes the Computerized Voice Stress Analyzer. In addition, our department has been unable to find a comparable product. It is recommended that the purchase of a CVSA from NITV be approved in the sum of $10,417.19. Funds are available in account 205.2001.800.000. RECOMMENDED ACTION Authorize Sole Source Purchase Of Computer Voice Stress Analyzer From National Institute For Truth Verification In The Amount Of $10,417.19. ALTERNATIVE COUNCIL POLICY OPTION: Reject proposal and provide staffwith direction for alternative action. Citizen Advised: N/A Requested by: Police Department Prepared by: Chris Dewey, Administrative Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Quote from NITV APPROVED: Mfh:00asr 1206CVSA Candace Horsley, ~it1 Manager 11400 Forttme C/role West Palm Beach, FL 33414 NAME / ADDR ESS 300 ,genfi~ary Ave. NITV P~GE 03 Estimate DESCRIPTION QTY PAGE 02 3roes Vallely ~c :Psyd~loglst ;onville, FL 'homa$ Joseph ~uis, MO November 20, 2000 . ])et. Keviu DcVries ~ P_D. De~- Dot. DeVries. Plc~¢c be advised that the NITV is ree%m]ized as a sole source for the Computer ~fl'e~.~.~ S~ ~el'TM. The .n~-]'T~' ~.s ~[J~e ol~ly ']~]a~~ oft/lc CVSATM and ~ ~ distn~mor$, Ad~C~na~.'. there is nc) comparable iremaxmem available on. thc r-_~-.~ct in the U.S. .. fW'flliam Whitdand.:'.V Wbitoland, IN si~ctely, Cbarle, s H~, Ph.D. CEO :. · . ,,-,~.~ a~ a:tal4 - ('561) 798-6280 - Fax (561) 798-1594 ' E-Mail N1TV~Worldnet. ATT.net ' www.CVSAl .corn AGENDA SUMMARY ITEM NO. 6 f DATE: December 6, 2000 REPORT SUBJECT: AUTHORIZATION OF SOLE SOURCE PURCHASE OF DIGITAL VOICE RECORDING SYSTEM FROM DICTAPHONE CORPORATION FOR THE SUM OF $20,969.23 THROUGH CALIFORNIA MULTIPLE AWARD SERVICE CONTRACT. SUMMARY: On November 15, 2000 the City of Ukiah City Council held a public hearing and approved a spending plan for the California Law Enforcement Equipment Grant Program. As part of the spending plan, the Police Department requested funding for a Digital Voice Recording System. Currently, the City of Ukiah's dispatch center uses two 10-year-old VCR Tape type recorders to document all 911 telephone and radio traffic for Police Fire and Ambulance services. These recorders are currently being serviced on an average of one or two times a month, and our maintenance service provider states that the system which has been running 24 hours a day during this 10 period has out lasted it's intended service life. In addition, due to the limitations of the current system our Department only retains tapes for six months. New digital recorders save telephone and radio traffic to compact disks which may be retained forever, providing documentation if needed in criminal trials, civil actions and other instances where documentation is needed. After researching the devices available staff determined that the product bought should have the ability to use alternate media storage devices in the future as technology continues to improve. This ability is critical, so that our agency can continue to use the most cost effective means in the future to record and maintain records of radio and phone traffic. The only current product on the market to offer the ability of changing media storage devices in the future is the Dictaphone Freedom product. This product can only be purchased through Dictaphone Corporation, no local sources exist for similar or like products, and it is currently listed on the State of California Multiple Award Service (CMAS) contract at a reduced purchase price. CMAS is a statewide program which secures numerous products and services at discounted prices for procurement by governmental entities. Staff recommends the purchase of the Dictaphone Freedom product through CMAS at a total cost of $20,969.23. Funds are available in account 205.2001.800.000. RECOMMENDED ACTION: Authorize Sole Source Purchase Of Digital Voice Recording System From Dictaphone Corporation For The Sum Of $20,969.23 Through California Multiple Award Service Contract. ALTERNATIVE COUNCIL POLICY OPTION: Reject proposal and provide staffwith direction for alternative action. Citizen Advised: N/A Requested by: Police Department Prepared by: Chris Dewey, Administrative Captain Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: Quote from Dic, Ca. Dhone APPROVED' ~~ ~,~ Candace Horsley~'C~y Manager mfh:asrcc00 ! 1206DICTAPHONE Dictaphone Corporation An L & H 3191 Broadbridge Avenue Stratford, CT 06614-2559 203.381.7000 fax 203.385.7589 Proposal ,, Customer Information ~'-Name Ukiah Police Department Address 300 Seminary Avenue City Ukiah State Ca Zip 95482 [ttn: Chds Dewey, Administrative Captain hone: 707-463-6245 Fax 707-462-6068 Dictaphone Contact Informatior, ate 11/21/00 ntact --~ri~n lephone ~ ~' :4386 x 916-784-0930 Qt}/ Model Description TOTAL I 1GA000-OW AC TELCOM BLOCK/RECORDER - RS485 $ 2,226.00 4 428133-0W COMPRESSION BOARD (1 PER 4 CHANNEL COUPLER BOARD) $ 3,816.00 4 428357-0W COUPLER BOARD - 4 ANALOG CHANNELS $ 3,816.00 1 FREPAK-0W FREEDOM SYSTEM SOFTWARE PACK - includes one of each of ARCSYS, EVTSYS, ~ $ 1,647.24 I SYSMGR-032 SYSTEM MANAGER SOFTWARE - ADDITIONAL LICENSES: $ 442.02 I CRSTCD FREEDOM COMPUTER-BASED TRAINING PROGRAM $ 495.00 1 428366 3COM 4 PORT HUB - (3C16703) $ 89.00 I 330026 .PACKAGE of 10 DVD MEDIA $ 350.00 1 3FWS98-02D WIN 98 WORKSTATION, 2 DVD $ 4,902.00 ..... CONFIGURED FOR 16 CHANNELS ........ .... ABOVE PRICING UNDER CMAS CONTRACT# 3-96-58-0020B- EFFECTIVE THROUGH 3/31/03 I Software Upgrade Plan (SUP) ~~~ $ 695.00 * Denotes GSA Contract Component warrantied for One Year. Subtotal $ 18,478.26 - Project Information Installation $ 1,101.68 Name: Ukiah Police Department Shipping & Handling $ 100.00 TOTAL $ 19,679.94 Ref No.: Delivery: 30 Days ARO Applicable taxes not included in above stated pricing Pricing Valid for 90 Days , Invoice for presentation purposes only, Combining Voice & Data to Serve You Speech & Langq~acj, e Company No. 635031 4 I Order Date BaaN Order Number BP # Sold To BP: Ukiah Police Department 300 Seminary Avenue Ukiah, Ca 95482 Delivery Date CR3380 Kristina Homan 8257 100% Sales Office Sales Rep Inc % Sales Ofc/Rep Sales Ofc/Rep Tip Emp/Loc Customer Purchase Order Number Credit Card # Exp Date Approval # Ship To BP: same as above Inside Sales Rep Regular I Ground el Priority Air /Next Day Shipping Priodty ~s Dewey, Administrative Cap~ 707-463-6245 Contact Name and Telephone number District Service Manager Cont'.~uration and/or APP Discount Approval Signature Product t"Line Quantity Quantity J I FREPRO !_ number Shipped Ordered Model Number Equipment Description Unit Price Net Equipment Price P~o~,o Discount i 10 I 1GA000-0W AC TELCOM BLOCK/RECORDER - RS485 $ 27~6.00 L 20 4 428133-0W COMPRESSION BOARD (1 PER 4 CHANNEL COUPLE~ $ 954.00 $ 3,816.00 : 30 4 428357-0W COUPLER BOARD - 4 ANALOG CHANNELS $ 954.00 $ 3,816.00 40 1 FREPAK-0W FREEDOM SYSTEM SOFTWARE PACK - includes one $ 1,647.24 $ 1,647.24 50 1 SYSMGR-032 SYSTEM MANAGER SOFTWARE - ADDITIONAL LICEI~ $ 442.02 $ 442.02 60 1 CRSTCD FREEDOM COMPUTER-BASED TRAINING PROGRAM $ 495.00 $ 495.00 70 1 428366 3COM 4 PORT HUB - (3C16703) $ 89.00 $ 89.00 80 1 330026 PACKAGE of 10 DVD MEDIA $ 350.00 $ 350.00 90 1 3FWS98-02D WIN 98 WORKSTATION, 2 DVD $ 4,902.00 $ 4,902.00 100 110 120 130 :CONFIGURED FOR 16 CHANNELS ...... 140 150 160 .... ABOVE PRICING UNDER CMAS CONTRACT# 3-96. 170 THROUGH 3/31/03 180 190 210 I 3ross Product Price $ 17,783.26 ~OTAL EQUIPMENT PRICE ~,'~;~.q~tng $ 17,783.26 $ ~oo.oo ~)'fi-,e,-~ Rec~;¢d wAh Order' Check # Date Amount ;a~es Tax will be applied as applicable The following payment schedule applies for p~rchases of $50,000.00 or more, (i) a 25% deposit upon signing this agreement; (ii) 25% upon shipment of the Products; (iii) 25% upon .ompletion of installation of the Products; and (iv) the remaining 25% within thirty (30) days after completion of installation. SERVICES :reedom-- Product Warranty: I Three Years I Denotes GSA Contract Comp ~nt warrantied for Om Year. Servic~ Length ot Contract I Houm ot Coverage {8 x $ or 24 x 7) Contract Amount ,, ~sured Protection Plan (APP) Three Years 8 x 5 Included at No Charge oft~&~e Upgrade Plan I Year t~;--;;ation $ 695.00 raining (# of Hours ) $ 1,101.68 ,OTAL SERVICES GRAND TOTAL (EQUIPMENT + SERVICES + SHIPPING) $ 19t679.94 Customer Signature: one Year Note conditions attached. Other than the Limited Warranty stated on attached, there are no warranties express or implied. Without limiting the foregoing, there is no warranty of merchantability or fitness for a particular purpose No. 635031 4 DtC"TAPHO~E CORPORATION TERMS AND CONDITIONS 1' C'~' Pursuant ID I~ ag~'~ne~ Y°u ha~e (i) Pu~ °~ lea~ flora Dictaphone Co~at~ ('Dk:/a0hone-) equipmeflt (~ ~), (i) ~ ~ ~ ~. ~, ~ ~ ~ ~, ~y Ir~ ~ ~ ~ by I:)~tapho~e (exca~s~ of any seduCeS pe~med Io~ you pu~Jant to a atXi/Of (ii) licensed f~'~l O~ certain peop~et41n/sot%race (the Ma~l~enance PLan (as ~ in Secbon 6 I~low)) as 4escnbed on Exhib~ A · . , A. attached hem~ a~d/o~ set Imlh in a StMeme~ M Work e~tached hereto 'O~ Pn)grams ) and/or .~blicenMd ceftin ~ party softwane (the 'Thin:l Pa41y Softwaee'; togethe~ with ~e O~ne (l~e Dioaphone has Ixovided If~ Equipment and Programs (coaect~ely. t~e 'Products') fo~ yo~ installation o~ has agreed to in,al the Products a~ · · ~-~ rns agreement, a fuey Pledge' mrS' st~'e °; s~x~icense a~/of the Programs v,~tx~t the pno~ wr~en consef~ O~ Dictaphone in ~ ~ d~' 3' Remal Pl°du~s' If Y°u ref~ the Pm<lucts de~'choed in Exh~ A from Dictaphone: (a) Dictaphone v~l mtMn ~e to r~c~ p~; ~ (b) ~ ~ (i} ~y ~ al ~ ~ ~ ~ ~ ~ ~ ~. ~ ~, a~ ~ ~' · ' ' ' ' ' ' ' ;v~ · . - OicLaphof~e M the exp~abon o~ the mr~l pehod ~n good condition, no, mai v, ea~ and ~ ~. ~ ~ ~ ~ ~ ~ (b~i) _ (~) ~~ ~in thi~y (30) days al~e~ Ihe dMe M ir~ok:e; - . a~e (unM~ °~em'iM staled hemin): (a) w~h ~ lo Products and Se~ice~, payment in fui and (b) w~h respect lo thom Pnxlucls for which the Ixacha~ phce equals o~ exee~s $50,000: (i) a ~5% depos~ upo, signing this agmemen~ (ii) 25% upon ~ipmem o~ the Pfoduos (a) 25% ' ' ' ; ' ' .... ' ' ' upon comptell~lOfllStailMionoi'the pa3ducts and(w)lhemmanmg 25%Mlhinthi~y(30)daysMte¢o3mpMtioeof~stalMion. yo~ag~eelopaylo~(~~m)~s~~~a~ Jany .. . . . · . . . . . . · . . suchbre~c~v~in~hk1y(3~)daysMMr~x(~v~ftMnn(w~fsuchMeac~M~b~bec~mein~Mven~(makean~~M~M~~ hereun~f and ~, upon tenwin~on, , I ne lemvllab~ M tfils ag~eemenl wi ~n no way l~ie~ you M your ~ k) pay DictaptK)M any ~ ~ YO~ Mmain Finale b any morte~ary oblig~ c~eMed under Ibis ag~ Dict~ may (i) Wale and ~ ii ~ o~ ~ ~ ~ N~ ~ a W a ~ ~ ~ (i) avM ~ M an~ wnedY m e~ect r~w °( a the ~ne o( te(mma~n unde~ ~e UMIonn ~r(iM Code, Upon ~ ~ ~ ~ ~ ~M 14 vHI sur~: Y0~J will p~ re~um MI copies ~ the g~.,.~ams. ~ ........ . . ~.v ~ec~°ns J. 4 (wl~ resPe~ Io amounts owing but n0~ yet paid), $. 7 Ih~h 11 in~ and · ..,~. ,~ac-~-'~ w.n a~ maledats fu~ o~ pm4uc~d m connecaon ihemw~h, upon (a) lermmafion fo~ any ~aso~ 0~ ~ ~ or ~ ~ ~ ~ ~ra~ m (b) ~~ You Kknow~)~ ~M the Pmgr-Ml~ · . k) Y(~ in any ~( ~e Pr~am6 ~( anY ma~e~1MS fumished ~( i)e~du~e(~ m ~m~e(~n ~ereww~ M Mhe¢ ~ ~ ~ ~ ~ M ~ ~ M ~ Dictal~one's (~* Ihe aPlXOtXiMe Thkd pa~,'s) cop~ight ar~l any other p~oixieta~y nolices. The make o~e (1) COPY o~ Ihe Programs fo~ ba~.~p m* arc~val ix.,qx3ses, pmvk~ed ~M any r, uc~ Oopy ~ ~ g~m'Im:l hefe*J~ler. You ackm)wledge ~ ~o< disas~mbM, ~"~ompose or I~ve~e e~gi~e~ al or a~y pa~ oi' the Programs Further, ~o right, ~.~ompe~ wah Dictaphone msul~g i~ irrep~ab~e hMm Io Dictaphone, a~d therefore, upo~ a~y suc~ b~each ~ ~m ~. , . . 9. L/m~ed WM~my. FM yo~ I~mefi~ o~ly, D~ctaotxme waerams a~at: (a) wi~ respect Io Equipme~ am:l Programs which do no~ re<p Jim instaaabo~ - wil (~°M)n~ il~ MI mMerial ~ Io ~e ~,(::t-catio~ deschbed in ihe us~,$ manual and ' DY LM~phone. fo( ninety (90) day~ from the dale of dei~wy io you (i) such Equipmem a~d ~r~ odY. M( a INmod M nine (9) moMhs Mle~ said nineS/(~0) day pe(iod Dictaphone Mil mnL~ ,MW,~, ,~ lal~'. Iranilxxtali~ o( adjuster4 required during such nine (9) moMh iN~iod); (c) wilh msi)ecl to the Pro~.an~ which require in~alalk)n ~ ~. ~ ~ w~ ~ ~ ~ ~ ~a) ~ ~ ~ ~ ~ M~ · . . . . . , , .~.Dic~~ pmduc~ and/M pe0g~ams v~ the P~xluc~) THE LPROOUCT$ MAY C~3~AIN RECYCLED REMANU~ACTURED (3F~ REC~3ND~'~3NED C~:)dVlPC~I~$. A~ you~ exclu=ive ~medy ~n ~e e~ of aay wa~rar4y c~aim · , · ; -- . . .... · . wilh respect k) any defec~ o( non(:~Mo(mib/m the Equil~em o( Thin:/Pa~y SottwMe (:lum~ ~ w~ ~, ~ ~ ~ ~ ~ ~ ~~ RES~CT 3'0 ANY (~ ~1~ P~(3C)UCTS. ~ BERVlCES ~ ~ D()C~ENTATION ASS43~TED THEREWrrH . ,~U.U~ ZHER C.~)ea~TK)N. THE EXISTEN(::Z~ O~ ~ LATF.~ OR PATENT DEFECTS. ~ THEIR MEI~..HAJ~ASILrry O~ FITNESS FO~ ANY PARTIC~JLAR USE. O~CTAJ:~dONE FURTHER C)(SCt. AJ4S ~ ~ ALL P~3MISES. REIW~ES~NTA~IONS. ANO WARRAhrrlES. EXI~ES$ O~ IMPLIED. WJTH RESPECT TO ~ NATURE AJ~ QUALrrY OF ANY OTHER P~I:~Of~aANC~ BY O~CTAP'nX)NE HEREU~d~ER. THE' ' ' ' ' ' ' ! 1 Li~oa d ~ Ex~ep( a~ =e(f~ m Se~ 12 below TH~ UASILrrY OF O~TAPHONE TO YOU FO~ ANY ~ ALL Ct.AIMS WI~ATSOEVER RELATED TO THE P~OOUCTS. THE SERVICES OR THiS AGREEMENI' W~J. ~K)T EXCEED TOTAL AMO4J~r OF ~ PAYMEI~rrs ~ UNDER THiS AG4~EEMENT aE ~ : ; BY YOU TO DICTAI~IONE. THIS UMrrATION iS Ct.~4ULATIV~; THE SL~4 OF MULTN3~E ~IMS I~y NOT EX(EEO THiS LIMIT. IN N<:) EVENT WILL TO YOU F(N~ ~ LO~ OF P~OFITS ~ INCIDENTAL. ~CJAL. F.J(EA4PL~y. OR CONSEQUENTLAL ()~&~-..ES OF ~ KINO; OR ANY CLAIMS OR OEkL4.NDS BROUGHT AGAINST yOU BY ~ OTHER PARTY. EVEN IF OdC'rAFHONE ~ BEEN AC)VISED OF THE POSSlSK_ITY OF C)I~ECTI.Y OR ~ O-AIMS (~ I::~MAJ~C)S. THE PROVISaO~ OF THIS PARACd~OH WiLL APPLY IF LOSS. DAMAGE ~ INJURY. IRRESPECTIVE OF CALIS~ OR ORGIN. RES4A.TS II~CTLY 1'O P~I~)ON (:~ P~C)P~TY FROM P~RE(~MANCE OR NC~REO~NCE OF OeLIGATIO~ 14P(~D BY THIS AGREEMENT OR FRO*4 NEGLIC~NCE. ACTIv~ OR OTHERWf.~. OF C)dCTAPh~3~. frs · OENT$ OR EMP1.OYEES. yOU WAIV~ ALL OTHER REMEDIES THAT MIGHT OTHERWISE BE AVAK. ASL£ U~R THE ~ LIABEJTY FOR C~:)N$~(3~IAL OR INCJOENTAL DAMAGES. THE AaOVE LAWS OF ~ J~ISOICTION. BEC.4a.IS,~ SO~4E JU~ISOK:TIONS DO NOT ALLOW THE EXCLUSION OR LI41TATION L,dlTATK:)N MAy NOT APPly TO YOU. ~ C)~CTAPf~3f~E ~JJTHORIZED R~PRESENTATIV~. AGEf~r OR EMPLOYEE iS AU33~DR~ZEO TO MA~3E ~ 14OOFICATION~. F.J(TENSlON OR AD~TION TO THE WA~R.~a~rrl~s P~OVlOED HEREIN. No~ing in th~ SecUon 12 ~ki be deemed Io ma~ Dictaphone ~ fo( '4. Miso~lan~ous. Nodeiayo~fMlu~ofeWle~l)a41yi~exe~cis~ , ' ' ' . ' ' w ' · , ,nless soch amendmeM is i~ w~ing a~l exec~ed by aub, x~.ed ~s of bo~ r · * · , a~l mu~e ~o Ihe bene~e M ~e pa~es hereto and meif petalled successes and as~gns You may genera~ pubi: conoerr~g Oictapho~e (M heremahef designmed Inf~maaon )km~shed tolmuunder orincomemp~aonMthisageeeme~wdlremam u~y~.o ~ conm~ or worn any evenes, acts o~r om~ssio~ Mtribu~a~e to any ~k~l party ~lnu~lCtufer O( ~ ~ eqMpmeM o( s~twaee. THE PARTIES HERETO AGREE THAT ALL OISPUTES ARISING AMONG THEM RELATED TO THIS AGREEMENT WILL BE RESOLVED ONLY IN UNITED STATES FEDERAL C(X~TS IN ~ONN~CTICUT OR CONNECTICUT STATE COURTS LOCATED IN FA~FIELD COUNTY. COf~CTIOJT, EACH PARle' HEREBY SU~MITS TO THE JURISOICTIOfd OF SUCH COI.~TS ANO WAIVES ANY D~S~C~JTES IT MAY HAVE WITH 'ESPECT TO THE LOCATION O~ ANY COURT lhe $1~eech & Lang~g,e COml~ny Dictaphone Corporation An L & H Company 3191 Broadbddge Avenue Stratford, CT 06614-2559 203.381.7000 fax 203.385.7589 Proposal Customer Information ~"-Name Ukiah Police Department Address 300 Seminary Avenue I City Ukiah State Ca I Attn: Chds Dewey, Administrative Captain [Phone: 707-463--~245 Fax Zip 95482 707-462--6068 aDictaphone Contact Informatior, ate 11/21/00 ontact ~n eleph°ne ~4386 x Model 1GA000-OW 428133-0W 428357-0W FREPAK-0W SYSMGR-032 CRSTCD 428366 330026 3FWS98-02D AC TELCOM BLOCK/RECORDER - RS485 COMPRESSION BOARD (1 PER 4 CHANNEL COUPLER BOARD) COUPLER BOARD o 4 ANALOG CHANNELS FREEDOM SYSTEM SOFTWARE PACK - includes one of each of ARCSYS, EVTSYS, SYSTEM MANAGER SOFTWARE - ADDITIONAL LICENSES: FREEDOM COMPUTER-BASED TRAINING PROGRAM 3COM 4 PORT HUB - (3C16703) PACKAGE of 10 DVD MEDIA WIN 98 WORKSTATION, 2 DVD ..... CONFIGURED FOR 16 CHANNELS ........ .... ABOVE PRICING UNDER CMAS CONTRACT# 3-96-58-0020B- EFFECTIVE THROUGH 3/31/03 1 Software Upgrade Plan (SUP) * Denotes GSA Contract Component warrantied for One Year. Subtotal Name: ef No.: Project Information Ukiah Police Department Delivery: 30 Days ARO Pricing Includes a three year warranty Applicable taxes not included in above stated pricing Pricing Valid for 90 Days Installation Less Discount Shipping & Handling TOTAL TOTAL $ 2,226.00 $ 3,816.00 $ 3,816.00 $ 1,647.24 $ 442.02 $ 495.00 $ 89.00 $ 350.00 $ 4,902.00 $ 695.00 18,478.26 1,101.68 - 100.00 19,679.94 Combining Voice & Data to Serve You Lernout & l-lauspte" The Speech & Language Cempaey No. 635031 4 j Order Date Delivery Date CR3380 Sales Ofc/Rep Kristina Homart 8257 Sales Rep Sales Ofc/Rep ,, Customer Purchase Order Number Credit Card # Exp Date BaaN Order Number 100% In¢ % BP # Sold To BP: Ship To BP: Tip Emp/Loc Inside Sales Rep Second_Day_Air Priority_Air_/_N ext_ Day Approval # Shipping Priodty Uklah Police Department 300 Seminary Avenue Ukiah, Ca 95482 same as above Ids Dewey, Administrative Cap~ 707-463-6245 Contact Name and Telephone number Distdct Service Manager Configuration and/o~ APP Discount Approval Signature Product  Quantity Quantity u,~,~l ~,,,~.... ===========~== - ~ =[ ........... J Equipment Description ' ==,========== Pmmo Discount j Net Equipment Price ; 10 ~~ 1 1GA000-0W AC TELCOM BLOCK/RECORDER - RS485 $ 2,226.00 $ 2.226.00 ' 20 4 428133-0W COMPRESSION BOARD (1 PER 4 CHANNEL COUPLEI $ 954.00 $ 3,816.00 ~ 30 ~~ 4 428357-0W COUPLER BOARD - 4 ANALOG CHANNELS $ 954.00 $ 3,816.00 40 ~~ __1~ FREPAK-0W FREEDOM SYSTEM SOFTWARE PACK - includes one $ 1,647.24 $ 1,647.24 50 __ __ 1__~_~__ SYSMGR-032 SYSTEM MANAGER SOFTWARE - ADDITIONAL LICEI~ $ 442.02 $ 442.02 60 1 CRSTCD FREEDOM COMPUTER-BASED TRAINING PROGRAM $ 495.00 $ 495.00 70 I 428366 3COM 4 PORT HUB ~ $ 89.00 $ 89.00 ~ ----~ 1 330026 PACKAGE of 10 DVD MEDIA $ 350.00 $ 350.00 90 I 3FWS98-02D WIN 98 WORKSTATION, 2 DVD $ 4,902.00 $ 4,902.00 100 110 120 130 ..... CONFIGURED FOR 16 CHANNELS 140 ,., 150 16o .... ABOVE PRICING UNDER CMAS CONTRACT# 3-96- 170 THROUGH 3/31/03 180 190 210 .,, 23O Sros$ Product Price $ 17,783~6 tOTAL EQUIPMENT PRICE ~h, lpplng $ 17,783.26 $ 100.00 3ayn-,ent Received with Order* Check # Date Amount ;~c; Tax will be applied as applicable The following payment schedule applies for purchases of $50,000.00 or more, (i) a 25% deposit upon signing this agreement; (ii) 25% upon shipment of the Products; (iii) 25% upon :ompletion of installation of the Products; and (iv) the remaining 25% within thirty (30) days after completion of installation. SERVICES :reedomm Product Warranty: I Three Years Denotes GSA Contrac~rrantied for One Year. Service ~ Length of Contract ,ssured Protection Plan ~ ~- Thr.========Yea=~ ~lan _J I Year ~$tallation _[ raining (# of Hours ) / OTAL SERVICES !_ Hours of Coverage (8 x 5 or 24 x 7) 8x5 iS $ Contract Amount Included at N~ C~ar___[~ GRAND TOTAL (EQUIPMENT + SERVICES + SHIPPING) $ 19,679.94 Customer Signature: One Year Note conditions attached. Other than the Limited Warranty stated on attached, there are no warranties express or implied. Without limiting the foregoing, there is no warranty of merchantability or fitness for a particular purpose. No. 635031 4 DICTAPHONE CORPORATION TERMS AND CONDITIONS 1. Gortefal. Purauant to ~ agre~ yo~ have (i) I~ or leased from Diotaphone Co~atJo~ ('Dictal~ne") equipment (the 'Equip~,~'). (i) procured from Dictaphone services, inctodiog, but nM r~ to. any training provided to you by ~ (exclusive of any sofvices performed for you pursua~ to a Dictaphone Maintenance Plan (as defined in Section 6 below)) as described on Exhibit A attached hereto and/o~ set f~th in a Statement of Work attached bemto (the 'Services'), artd/o~ (i) licenasd from Dicta~ De,fain IC~tary software (the ~ Programs') and/or subliceflsod certain ~ pmly software (the 'Third Party Seflwam"; fogethef with the Dictaphone Programs, the 'Programs'). as ~ or~ Exhibit A. ~ has provided the Equipment and Programs (coaect~ely, the 'Products') for yoor installa6on o~' has agreed to instal the Producls at yoor inatalatiofl s~s). 2' Liceflse of Pr°grams' As applicable' eff'eclive uP°fl eithor delivery °f the Producta or, for Products co~ the Programs which flKluim instaltatiofl by Dictaphone, com(detion of installatiml, yo~ wilt have. during the lerm of this ~m. a ~ly descfitmd irt the ap~ Third Party Seflwam user documentation or end-user licenses provided to you and, to the exteet of any incompatib~ wifh this agreemsnC the ~ of such Third Pa~y Iconse Mill govern. Yo~J may use the Programs solely for your own ir~emal P~puses at the relevant install~ion Me{s) in cormection ~ the Equipmem, as ap~, and as otherwise limited herein. You agree that you will not asmgo, tranefeC pladgo, - · · mm. sham or subiicense any of the Programs without the prior wfiben consent of Dictaphone in ~ sole dlscmfiun. 3. RemM Products. If you rem the Products cleschbed in Exh~t A from Dictaphone: (a) Dictaphone Mill retain IWe to such Pfoducte; and (b) you Mill (i) pay promp~y al property taxes assessed with respect to the Products, if any, and DiotapbrN~ may, at its °P6°~' pay such ~lxes and bMI YOu therefor; (ii) at yoor sole expenee, insure the Products against inas by fire. theft and (1) keep the Products in good o~lm' and repak; (iv) net be refieved of your obagation to pay rem doe to loss of or damage any °ther casualty coverecl bY the standard tim and exlended co.rage insuranca pok-y fur the full cu. em rep~,cemem value; to the Products alter delivery; (v) keep the Products free and clear from adverse liens, secur~ imm'ests And ~ encum~ances; (vi) nM traneler, vek~ or by opcN'ation of law, ~ agreement, the Products or all or part of yo~ inMrest in the Products; (vii) not remove the PToducts from the prem4sas to which such goods are delivered as shown on the reverse side hereof excelx for tempora~ periods in the nmmal a~d customary use thereof; and (viii) return the Products to Dictaphone at the exp~'ation of the rental period in · good condilion, normal wear and lear excepted. If you b*'each any of sections (bXi) - (viii) of this paragraph 3, you gra~ Dictaphone the righl to enter any promises where the Products are reasomlbly believed to be located and remove same without any legal I~'ocess or notice and without being liable for trespass or damage and dectare all amounls rem~ unpaid to be immedialely due mid payabte. 4. Payment Temp. Excfusive of any monies that ye~j owe to Dictaphone for a Mal~enance Plan, the paymenl terms with respect to the pcJ'chase price are (untess othenvise staled herein): (a) with respect to Products and Sen~ces. payment in fuM within thirty (30) days after the date of invoice; and (b) with respect to those Products for which the purchase price equals or exceeds $50 000 (i) a 25% deposit upon signing this agreement; (ii) 25% upon shipmem of the Products; (iii) 25% upon co~fiorl of instalafio~ of the Pn:xlucts; and (iv) the rema~ 25% wimin thirty (30) days after compteUon of mstalation. You agree to p~ly f~r (or rembeme D~aphone) foe al charges for b'ansportation and for insurance, if any, of the Products · . . . . . Iraneil. If Dk:taphone usos a third-party mover or carrier to ship the . . in Produas to your site, then unless othenmse set forth herein (or unless Dictaphone notifies you to the comrary). Diotaphone will arrange for shipment or carnage of the Products to you F.O.B. pud of manufacture or shipment. You agree to report, pay and be responsible k~ all federal, stale, and local taxes (excluding only those taxes based on net income derived by Dictaphone) desi0nated, levied, or based upon the purchase price or with respect to the Products o~ the Serve:es. You agree to pay, in addition to all Diner amoums owed to Dictaphone, imerest cak:ulated at 1.5% percent per month (or such leseer amoum as may be the maxmUm imeres~ perm~ed by law) off all amounts that have not been paid by y~xJ on a timely basis. The pmcediog payment terms may not be app#cable to customers which am federal, state or local governmental entities. 5. SeoJri~ Interest. You gram to D~ a purchase money securily imerest in ~ Products and in any and all reptacemsnts and sube~itutions therefu~, as wel as in any and all proceeds of the foregoing for the purpose of securq payment of any hafance due bemunder, ar any olt~' oMgatiun that arises heceunder. You agree to . execute any finaq statement Dictaphone requesls to perfect or conanue its security imerest hereunder. The sacur~ imerest Mill terminale when the full purchase i:Ntce due he~l~oder has been paid if you have fulrdled al other ob#0ations hereunder. 6. Maklk~anoe Plans. You may place the Products under a mainlenanoe agreement for standard maintenance coverage (the 'Assured Pedormance Plan' o~ 'APP') or, in addidon to the APP, extended maintenanoe coverage (the 'So,ware by ~ the appropriate place herein. If you already are subject to a ~ Plan wlih Dictaphone, the Products Mill automatically be added to the Maimenance Plan (provided such Products mee~ the standards prescribed thereby) unless you 7. Term and Te~nina~:m. This agreement Mill become effective as of the dale shown o~ the executinn page hereof and, unless othenmse staled hereto, Mill continue until terminated. Dictaphone may terminate this agreement (and all licenses granted heraonder) at any lime il you (a) breach any term hereof and fall to cure such Ixeactt ~ thirty (30) days a~er receipt of written nolice of such breach or (b) become insoNem or make an assignment for the benefit of creditors or there are instibXed by or against y~j ploceedings m bankrulXc7 or undm* any insolvency or samilar iaw or for reorganization, receivership or dissolution. The termination of this agreement Mill in no way relieve you of your obligadon to pay Dictaphone any sums payable hereunder And if, upon termination, you remain ~ for any monetary ob4igation created under this agreement, Dictaphone may (i) accelerate and dec/am all your obligationa c~ealed under this agreement to be immediately due and payable and (ii) avMI itsaif of any remedy in offect now or at the .... time of temlmatinn under the Unifuml Commercial Code. UIXN1 terminatiorl Of this agreement, the provisions of Sections 3, 4 (wifh respect to amounts owing Ix~ nol yet paid), 5, 7 through 11 kx:fusive and 14 Mill sun~*e. You Mill ppompe'y ratum all copies of the Programs, togeth~ with all materials furnished or produced in cormectiofl therewith, upon (a) termination for any mason of this agreement or yom' license of the Programs or (b) abandonmem or 8. I~ Proteaion. This agreement does no~ effect arty b'ander of tibe to you in any of the Programs or any materials furnished or pmducod in connection therewith or oeher imel~ctoal property associated with any of the Products or the Services. You ack~ that the Programs (and al maledais furnished or produced in connection therewith) comain trade seoeis, protected by law, of Dictaphone and supp~ers of Third Party Software, entrusted by Dictaphone and such suppliers to you under ~ agmemeot for use only in the manner express~ permittecl hereby. Solely to enable you to use the Programs. you may make one (1) copy of the Programs for hack-up or archival purposes, provided that any such copy wi~ include DIc~'$ (or the appropriale Third Party's) copy~ghl and any other proprietary notices. The Programs delivered by Dictaphone to you and any back-up or archival copy thereof may be stmed at the site(s) where the Products are ins~led and operationM o¢ at any such secure off-site storage faclty that you, in your ~ judgment, select to maintain and protect such archival copy of the Programs fur purposes of disaster recovery. You wi# have no other right to copy the Programs, in who~ or in p~t. Any copy of the Programs made by you is the exclusive property of Dictaphone, arid you will, upon Dictaphorle's request, inform Dictaphone as to the location thereof. You agree that only Dicta~ne will have the riglX to alter, maintain, enhanca or othorv~se modify the Programs. and you agree that you Mill no~ disassemble, decompose or reverse engineer all or any part of the Programs. Further, no right, license or interest in any Dictaphone trademark, trade name or sennce mark is IFaMed hereunder. You acknowledge and agree that due to the Umque nature of the Programs, there can be no adequate remedy at law for any I~each of your obligations hereunder, that any such breach may allow you or thied parties to unfairly compele with Dictaphone resulting in irreparabte harm to Dictaphone, and therefore, upon any such breach or throat thereof, Dictaphone shall be entitled to injunctions and other appropdale equitable relief in addifion to whatever remedies it may have at law. 9. Lklflled Warranty. For your benefi~ only, Dictaph(me warrants that: (a) with respect to Equq)meht, and Programs which do not require installation by Dictaphone, for ninety (90) days horn the date of delivery to you (i) such Equipment and Programs wil conkxm in al material respects to the specifications desc~-ibed in the user's manua and that. upon delivery by Dictaphone, the Programs ~ be free of wruses, txJgs or contarmnahts which may cause damage to your systems or interrupt your utilization of the Products and (ii) tha{ Dictaphone w~J make, M its expense, all necosamy adjustments, repairs and parts replacements to such Equipmem and Progran5 nol occ~nad by accident, misuse or cas4Jaity; (b) with respect to Equipment onty, for a period of nine (9) months al~er said ninety (go) day period, Dictaphone will replace wilhout charge any parts which become broken or defective, excop~ by reaso~ of accident, misuse or casualty (provided, however, ~ you Mill pay for any latx~. ~ or adjustment required dor~g such nine (g) rm:m~ period); (c) with respect to the Programs which flKluire installation by Dictaphone, the Programs waflanty referred to in Section 9(a) ~ Mill commence upon installation of the Programs; and (d) Ute Pmdocts am, or Mill be, able, without modification and at no added cost to y~j, to process all date data accurataly and wimout error (inoludiog accep',iog dale input, providing date DUCat And performing calculations on or . . . . comparisons or manqxJtatiuns of dates or po~tons of dates) so that neither the pedom~ance nor functiomMity of the products wifl be afllected by dales pnor to, dudog inlm'lclk~ of your non-Dictaphone products and/or pro,rams with the Products). THE PRODUCTS MAY CONTAIN and a~er the year 2000 (but Dictaphone makes no repmsenta~inn or wan'amy to the hemundor, Dictaphone will, at its sole option, doriog the foregoing active RECYCLED, REMANUFACTURED OR RECONDITIONED COMPONENTS. AS you¢ exclusive remedy in the event of any warranty ctaim wan*amy periods: (i) provide reasonable effor~ to correct or cum such nonconformity, defect, contaminant or breach; (ii) replace such Products in lieu of curing such nonconk:xmity, defect, comaminant or breach; or (iii) if Dictaphone determines that naithe¢ of the foregoing is commercially practicable, upon the return to Dictaphone of the Products and all materials associated therewith, refund al sums paid to Dictaphone by you w~ respea to such noflconfo~miog or defective Products. In addition, w~ resbect to any defect or noncontormi~y in the Equipment or Third Party Seffware during the wa,amy period, Dictaphone Milt cooperate with you in attempting to provide you * the benefit, J any, of the support commitment of any thin:l-party manufacturers and sulc~diers tithe Equipmeht or Third Party Software. 10. Discfaimer. wire the sole excoplion of ~ wawamies se~ forth herein and to the greatest extent a#owed by law, DICTAPHONE DISCLAIMS ANY AND ALL PROMISES. REPRESENTATIONS, AND WARRANTIES, EXPRESS OR MPLIED, WITH RESPECT TO ANY OF THE PRODUCTS, THE SERVICES AND ANY DOCUMENTATION ASSOCIATED THEREWITH, INCLUDING THEIR CONDITION. THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR USE. DICTAPHONE FURTHER DISCCAIMS ANy AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE NATURE AND QUALITY OF ANy OTHER PERFORMANCE BY DICTAPHONE HEREUNDER. ! 1. Limitalton of IJab~ity. ExCelX as set fo~h in Sec~on 12 below, THE LIABILITY OF DICTAPHONE TO YOU FOR ANY AND ALL CLAIMS WHATSOEVER RELATED TO THE PRODUCTS. THE SERVICES OR THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE UNDER THIS AGREEMENT BY YOU TO DICTAPHONE. THIS LIMITATION IS CUMULATIVE; THE SUM OF MULTIPLE CLAIMS MAY NOT EXCEED THIS LIMIT. IN NO EVENT WILL DICTAPHONE BE LIABCE TO YOU FOR: ANY LOSS OF PROFITS; ANY INCIDENTAL, SPECIAL. EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND; OR ANY CLAIMS OR DEMANDS BROUGHT AGAINST YOU BY ANY OTHER PARTY, EVEN tF DICTAPHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS OR DEMANDS. THE PROVISIONS OF THIS PARAGRAPH WILL APPLY IF LOSS, DAMAGE OR INJURY, IRRESPECTIVE OF CAUSE OR ORIGIN, RESULTS DIRECTLY OR INDIRECTLY TO PERSON OR PROPERTY FROM PERFORMANCE OR NONPERFORMANCE OF OBLIGATIONS IMPOSED BY THIS AGREEMENT OR FROM aGENTS OR NEGLIGENCE, ACTIVE OR OTHERWISE, OF DICTAPHONE, ITS EMPLOYEES. YOU WAIVE ALL OTHER REMEDIES THAT MIGHT OTHERWISE BE AVAILABLE UNDER THE LAWS OF ANY JURISDICTION. BECAUSE SOME JURISDICTIONS DO NOT AU.OW THE EXCLUSION OR LIMITATION 3~ LIABILITY FOR CONSEOUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO DICTAPHONE AUTHORIZED REPRESENTATIVE, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION OR ADOCTION TO THE WARRANTIES PROVIDED HEREIN· ~ 3. NOliCes. Any notices required or permiaed under this agreement wi# be in writing and wi# be eftec~ve when delivered in person or seht by registered or certitied mail, return receip~ requested, with proper postage affixed, or by persona~ couner to the ~'des' addresses set forth on the execution page hereof and. in the case of Dictaphone. to the attention of its Genaral Counsel. '4. Miscellaneous, No delay or fallore of either party in exercising any right hereunder, nor any partial exeraSe thereof, wi# be deemed to constitme a waiver of any rights grained hereunder or at law. You agree to pay all expenses ~ncurred by )ictaphona ....... m enforC,og ~s nghts under this agreement, inc~dmg reasonable attorneys' fees. Shoutd any lerm of this agreemem be declared void or unenforceable by any court of competent ju~diction, such decta~*ation will have no effect on the emaining tem~ hereof. This agreement, including any Maintenance Plan. any Statemeht of Work and all other attactm~nts hereto, if any. con~itutes the entire agreement between the parties hereto with respect to the subject ma~er hereof and upemede$ any and all prid~ and conlemporaneous representations, proposals, agreements, negotiations, advertisements, statements, or understandings, whether oral or writlen. The provisions of this agreemerd will take p~ecedence and have priority ,vet any subsequem conflicting or olher non-identical terms dealing with the same subject matter described herein including any purchase order or similar document generated by you. No amendment to this agreement will be binding on either party frdess such amendment is in wnting and executed by auttmnzed representatives of both parties to this agreement. This agreement will be binding upon and inure to the benefit of the parties hereto and their permitted sucosssors and assigns. You may ~t assign or transfer ~ agreement or any of ~ nghts or obligations hereunder, whether by operatJon of law or othen~wse, without lC:mot whiten consent of Dictaphone. All lechn~Cal and . ,nd all software bnsmess information, whether wndefl, oral or in any other form. and related documentation in whatever form recorded, which is not avaitabte to the general put~ic concerning Dictaphone (all hereinafter designaled "Information") furnished to you under or in comemptation of this agreement will remain ~e property of Dictaphone and will be treated in confKtence by you and used only for evaluation p*xpuses or to operate the partk;ula¢ items for which the Information is ordered. This agreemenl will be governed by the laws of the State of Connecticut. 4thOut regard to princiole$ d co~lict of laws. Dictaphone shall not be responsibM for deLlys or failures in its performance resufting from acts or omissions beyond its cont[ol or from any events, acts or omiSSions attributable to any third party ~anutactu~'er Or vendor of eduq3ment or software. THE PARTIES HERETO AGREE THAT ALL DISPUTES ARISING AMONG THEM RELATED TO THIS AGREEMENT WILL BE RESOLVED ONLY IN UNITED STATES FEDERAL COURTS IN .ONNECTICUT OR CONNECTICUT STATE COURTS LOCATED IN FAIRFIELD COUNTY. CONNECTICUT. EACH PARTY HEREBY SUBMITS TO THE JURISDICTION OF SUCH COURTS AND WAIVES ANY DISPUTES IT MAY HAVE WITH 'ESPECT TO THE LOCATION OF ANY COURT ITEM NO. DATE' December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: REQUEST FOR AUTHORIZATION OF 32-HOUR "PERSONNEL ASSISTANT" POSITION The Personnel Department, currently consisting of one full-time Personnel Officer, performs personnel duties and processes multiple employment actions for approximately 160 full-time and 60 part-time employees on a daily basis. In past years the Personnel Department has always been comprised of the Personnel Officer and a full-time secretarial support staff member. Due to the ever increasing duties and responsibilities and legal requirements the Personnel Officer is required to perform, the Personnel Officer can no longer maintain the Departmental workload alone. The Personnel Officer has requested approval to hire a "Personnel Assistant" to perform many of the routine recruitment and employee benefit responsibilities. Upon a review of the proposed job description (attached) the City Manager has approved this proposed position, based upon City Council approval. Staff requests approval by Council to hire a 32-hour per week Personnel Assistant at the Administrative Secretary salary range level of $12.53 - $15.23/hour. A detailed job description is attached and, if approved by Council, necessary budget amendments will be made with the mid-year budget amendments in January. RECOMMENDED ACTION: 1. Council to approve hiring a 32-hour/week Personnel Assistant at the Administrative Secretary salary range level. ALTERNATIVE COUNCIL POLICY OPTIONS: , Council not approve hiring a 32-hour/week Personnel Assistant. Council refer to staff for additional information. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: Melody Harris, Personnel Officer Melody Harris, Personnel Officer Candace Horsley, City Manager 1. "Personnel Assistant" Job Description APPROVED:~~__.~Candace Horsley, City ~lanager 3:~er~personnel.asr DRAFT JOB DESCRIPTION Personnel Assistant (Part-Time) DEFINITION Under general supervision of the Personnel Officer, provides responsible and technical office administrative support for personnel activities and functions in a centralized personnel setting; performs related work as assigned. DISTINGUISHING CHARACTERISTICS: This is a technical support position, performing work in clearly defined personnel areas as well as providing complex and responsible office administrative support. This position is distinguished from other office support positions due to the technical knowledge of the personnel field that is required. DUTIES AND RESPONSIBILITIES: Duties may include, but are not limited to the following: 1. Monitors and processes forms related to various personnel activities, including salary increases, performance evaluations and worker's compensation claims. (E,M) 2. Prepares necessary paperwork for new hires; orients new employees and assists them in completing necessary forms. (E,M) 3. Plans and participates in recruitment and selection procedures; prepares job announcements and advertising materials and places ads; assists in determining selection processes. (E,M) 4. Screens applications to determine that qualifications are met; schedules examinations, administers written and performance processes, and assists in the oral interview board process; notifies candidates at all steps of the selection procedure; computes scores and prepares eligibility lists. (E,M) 5. Acts as liaison between employees and insurance carriers to solve problems and answer questions; refers employees to the proper source for information. (E) 6. Provides salary, benefit, policy, procedure, MOU and related information to employees and other organizations. (E) 7. Gathers compensation information and prepares reports; conducts surveys regarding City policies and procedures. (E) 8. Prepares confidential correspondence and maintains a variety of confidential files; prepares periodic and special reports regarding personnel activities. (E) 9. Performs a variety of responsible office support work such as composing correspondence, typing and using a typewriter or personal or on-line computer; maintains files and receives and screens visitors and telephone calls. (E,M) Knowledge Of: Basic public personnel administration practices and terminology, particularly as related to recruitment, selection, compensation and benefits administration; basic functions and structure of a municipal government; standard office practices and procedures, including filing and the use of office equipment including a personal or on-line computer; business English, including spelling, grammar and punctuation; business arithmetic. Ability To: - Understand, interpret, apply and explain complex policies, procedures, laws and regulations. - Assist in the development of effective recruitment plans and selection procedures. - Communicate clearly, concisely, and effectively, orally and in writing. - Maintain accurate records and files. - Research and compile information, prepare reports and make recommendations. - Exercise sound judgement within established guidelines. - Establish and maintain effective working relationships with those contacted in the course of the work. - Coordinate multiple, concurrent projects. - Type accurately at a rate of 40 net words per minute from printed copy. EDUCATION AND EXPERIENCE: A typical way of gaining the knowledge and skills required for this position is the equivalent to graduation from high school and three years of progressively responsible secretarial or office administrative work. Experience in a personnel function and some college-level training is desirable. SPECIAL REQUIREMENT Possession of a valid California Driver's License. 3 :\recruit\persasst ITEM NO. 6h. DATE: December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (425 SOUTH ORCHARD AVENUE AND 625 KINGS COURT), PURSUANT TO GOVERNMENT CODE §25351 SUMMARY: The County Department of Public Health has requested a waiver from the 60-day notification requirement, as established by Government Code §25351, to lease the property at 425 South Orchard Avenue (Suite B) and 625 Kings Court for use by the Mendocino County Division of Alcohol and Other Drug Programs (AODP). The total square footage to be used is approximately 5,400, and the intended use would involve providing temporary outpatient treatment services for various substance abuse problems until the new Dora Street facility is opened. Government Code §25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before improving the property and occupying the building. As described in the attached letter, the AODP program is scheduled to end its current lease at 302 West Henry Street in January, 2001. If the Resolution is adopted and the waiver granted, the AODP staff would be able to move into the building in a more timely way to avoid disruption of their treatment services and administrative activities. (Continued on Page 2) RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code §25351. ALTERNATIVE POLICY OPTIONS: 1. Do not adopt the waiver Resolution, thereby requiring the County to wait 60 days to improve and occupy the proposed buildings located at 425 South Orchard Avenue and 625 Kings Court. Citizen Advised: N/A Requested By: James McLain, County Department of Public Health Prepared By: Charley Stump, Director, Planning and Community Development Coordinated With: Candace Horsley, City Manager Attachments: 1) Waiver Resolution; 2) McLain Correspondence; and 3) Location Map Candace Horsley, Cit~Manager Page 2 The subject site is zoned C-1 (Community Commercial), which allows or permits a variety of commercial and professional office uses, and is situated in a well-established office setting. Using the existing office spaces as a medically related professional office/community care type facility is a use than can be established in this Zoning District. Surrounding land uses include the NCO Headstart Child Development Program (425 S. Orchard Avenue, Suite A), the Hemodialysis Clinic (425 S. Orchard Avenue, Suite B), the American Automobile Association (AAA), the Mendocino Private Industry Council, and the Economic Development Finance Corporation. The applicants have had successful discussions with representatives of the NCO Headstart Child Development Program, which is located adjacent to the proposed AODP office on S. Orchard Avenue. They have discussed how to make the facilities compatible, and are exploring the possibility of a shared day care operation. The proposed AODP office on Kings Court would be situated adjacent to the State Department of Rehabilitation. The County AODP staff has indicated that this is an ideal neighbor, because they have shared clientele. In conclusion, staff can find no reason to oppose the County's immediate use of these sites in the manner described, and, therefore, believes the 60-day noticing waiver is supportable. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY WITHIN THE CITY LIMITS, AS REQUIRED BY GOVERNMENT CODE §25351 WHEREAS, 1. Government Code §25351 requires that a County notify a City in advance of its intent to locate a County facility in the incorporated area; and 2. Government Code §25351 further requires that said advance notification occur at least 60 days prior to use and occupancy of the County facility, unless the City Council waives the notification requirement by Resolution; and 3. The Mendocino County Department of Public Health has requested a waiver of the 60- day notification requirement to lease the properties located at 425 South Orchard Avenue and 625 Kings Court for the purpose of providing office space for the Mendocino County Alcohol and Other Drugs Program; and 4. The granting of the waiver will enable the Mendocino County Department of Public health to facilitate the timely relocation of the Alcohol and Other Drugs Program facility into the new office space this winter; and 5. The properties located at 425 South Orchard Avenue and 625 Kings Court are zoned for commercial and professional office uses; and the intended use would be compatible with the existing land uses in the vicinity; and 6. The use of the properties by the Mendocino County Alcohol and Other Drugs Program (AODP) for office space would not be inconsistent with any City code, or the goals and policies of the Ukiah General Plan. 7. NOW, THEREFORE, BE IT RESOLVED that the City of Ukiah grants the County of Mendocino Public Health Department a waiver of the 60-day notification requirement to lease and occupy the properties at 425 South Orchard Avenue and 625 Kings Court in a timely manner in order to provide much needed office space for the Mendocino County Alcohol and Other Drugs Program (AODP). PASSED AND ADOPTED on this 6TH day of December, 2000, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Marie Ulvila, City Clerk Phillip Ashiku, Mayor Resolution No. Page 1 of 1 FORT BRAGG OFFICE 12O WEST FIR ST. FORT BRAGG, CA $543? (707) ~,-4713 FAX (7O7) 961-241 a 124 E. PINE ST. FORT BRAGG, CA 95437 (707) 961-2522 FAX (707) 961-261e COUNTY OF MENDOClNO DEPARTMENT OF PUBLIC HEALTH DIVISION OF ALCOHOL AND OTHER DRUG PROGRAMS (AODP) 302 WEST HENRY STREET, UKIAH, CALIFORNIA 95482 (707) 463-5672 · FAX (707) 463-5696 WILLITS OFFICE 72 WEST COMMERCIAL ST. WILUTS, CA 95490 (707) FAX (707) 45~-774a 631 S. ORCHARD ST. UKIAH. CA 95482 (707) 4~3-~a~3 11-29-00 City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Re: County Lease of Two Facilities Agenda Item for Next City Council Meeting Dear City Manager: The County of Mendocino, Department of Public Health, Division of Alcohol and Other Drug Programs is scheduled to end its current lease at 302 West Henry Street in Ukiah in January 2001. The initial intent of the Division was to move to a facility located on South Dora Street. Due to contractual and construction delays, this option is not currently possible. Thus, AODP is required to move into temporary space. The Division has identified two (2) facilities that will accommodate current service provision. The first is located at 425 South Orchard Street, Suite B. The second is at 625 Kings Court, Suite A. Total square footage of these facilities is approximately 5,400. The intended use of this space will be to provide outpatient treatment services regarding various issues related to substance abuse. In addition, the AODP administrative program will be there to conduct day to day County business activities. By way of this letter, AODP requests the City Council adopt a resolution waiving the sixty (60) day notification requirement (reference State of California Government Code, Section 25351). The City's cooperation in granting this request will enable AODP to make a relatively smooth transition to a new operation center without significant disruption of treatment services and administrative activities. In the absence of such waiver, AODP is concerned that provision of these beneficial services may be temporarily delayed. Thank you for your attention to this matter. If you have any further questions, please call me at the number listed above. Sincerely, Business Services Manager cc: Ned Walsh, AODP Administrator Carol Mordhorst, Public Health Director Pete Halstad, General Services Director Kristi Furman, Clerk of the Board ! ! % % SUBJECT: ITEM NO. 6i. DATE: DECEMBER 6, 2000 AGENDA SUMMARY REPORT AUTHORIZATION OF PURCHASE OF 2000 FACTORY DEMONSTRATOR TYPE-3 AMBULANCE FROM BRAUN HANDCRAFTED AMBULANCES IN THE AMOUNT OF $75,552.25 AND APPROVAL OF BUDGET AMENDMENT The purchase of a replacement for the 1987 ambulance (Unit # 6523) was authorized by the City Council in the 2000/01 budget. Based on previous experience it was determined that the City could save a significant amount of money by purchasing a demonstrator model instead of a new one. The ambulance specifications are essentially the same as those used for the purchase of the last ambulance in 1997. These specifications have proven to satisfactorily meet the needs of the Fire Department. Four Requests for Quotations were submitted to qualified bidders. Three bids were received and opened by the City Clerk on Monday, November 27. All bidders met the specifications without any critical exceptions. The bid summary is: Ackerman Emergency Equipment $101,565.75 Braun Handcrafted Ambulances $ 73,337.55 Leader Industries $103,130.52 None of the bids included painting and lettering of the ambulance which is required by state statute. The price to complete this task by the Iow bidder is $2,214.70. It is recommended that this job be completed prior to the equipment being accepted from the bidder and delivered to the City. The inclusion of this cost in the bid figures would not impact the outcome of the bid process. The budget amendment is necessary to authorize the "cash" purchase rather than term financing of the equipment. The Fire Department's budget, account 100.2101.255.004, provides $22,000 for an initial lease payment of a replacement ambulance and thus the actual net increase in this year's budget is actually $53,552.25. Lease payments for the next two and one half years will not be required. Staff recommends award of the ambulance purchase to the Iow bidder, Braun Handcrafted Ambulances, including the cost of painting and lettering and approval of the budget amendment authorizing the transfer and approving the expenditure. RECOMMENDED ACTIONS: 1. Award bid for 2000 factory demonstrator Type-3 Ambulance to Braun Handcrafted Ambulances in the amount of $75,552.25; an~ 2. Approve amendment to the 2000/01 budget increasing transfer from General Fund #100 (account 100.283.698) to Equipment Replacement Fund #698 (account 698.281.698) and expenditures in account 698.2101.800.000 by $75,552.25 each, and decreasing expenditures in General Fund #100 account 100.2101.255.004 by $22,000. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to initiate new bid process. Citizen Advised: N/A Requested by: Dan Grebil, Interim Fire Chief Prepared by: Dean Hutton, Battalion Chief Coordinated with: Candace Horsley, City Manager Attachments: 1. BU"~t amendment worksheet, page 1. APPROVED:'". ~__(~_~'-' ~/~ Candace Horsley, Cit~ Manager I~ :6a/~ rlV~i~0tjOLA N C E ~ I.U z 0 ul ~o~ 0 i ITEM NO. 9a DATE: December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF APPOINTMENT OF VICE-MAYOR On November 7, 2000, the citizens of Ukiah elected Phillip Ashiku Mayor of the City, leaving the position he held as Vice-Mayor vacant. The present City Council needs to appoint a new Vice-Mayor. For background, the Vice-Mayor has historically been the Councilmember with the most tenure on the City Council. RECOMMENDED ACTION: By Motion, Appoint a Vice-Mayor for the Ukiah City Council. ALTERNATIVE COUNCIL POLICY OPTIONS: Postpone the selection process for Vice-Mayor to a later date. Citizen Advised: Requested by: Prepared by: Coordinated with: N/A City of Ukiah City Council Marie Ulvila, City Clerk ~ Candace Horsley, City Manager Can-'~ce' Horsley, City~ Manager ASR:Select Vic-Mayor ITEM NO. 9b DATE: December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF CITY COUNCIL MEMBERS TO VARIOUS COMMITTEE/ COMMISSION ASSIGNMENTS With the recent election of Mayor and two Councilmembers, the City Council's committee/commission assignments are in need of review and new appointments considered. Attached for your review is a list of the committees/commissions with the present assignments as well as a blank form for recommendations. Further discussion on this matter will take place at the City Council meeting. RECOMMENDED ACTION: Review City Council Committee Assignment Listings and By Motion, Make Appropriate Appointments. ALTERNATIVE COUNCIL POLICY OPTIONS: Determine that City Council appointments to various committees/commissions are not appropriate at this time and schedule this matter for a future meeting. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Mayor-elect Phillip Ashiku Marie Ulvila, City Clerk ~ ~ Candace Horsley, City Manager and Phillip Ashiku, Mayor-elect 1. Listing of Current Council Committee/Commission Assignments 2. Blank form of Council Committee/Commission Assignments 3. Descril~ion of each Committee/Commission function. Ap p ROVE D: L.~(~~ '~"~"~ l,,,' Candace Horsley, Cit~ Manager ASR:Council Committee Appointments COUNCIL COMMITTEE ASSIGNMENTS 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 TNransOrthem California Power Agency ~.CPA) mission Agency of Northern California (FA_NC) 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) Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Economic Development & Financing Corporation (EDFC) Finance Review Committee council\comas draft Alternate INFORMATION ON COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Program Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development MEETING DATE/TIME 3ra Wednesday of month, 3:00 p.m. Varies Called as required by Clerk of the Board Twice per year, varies Varies Varies Varies 1st Monday of month, afternoon 1st Thursday of month, 8:00 a.m. 1st Monday of month, afternoon 2n(~ Thursday of month, 7:00 p.m., bi-monthly On hiatus LOCATION 200 So. School St. Ukiah Rotates between cities BOS Conference Room,501 Low Gap Road, Room 1090, Ukiah Civic Center, 300 Seminary Ave., Ukiah Varies Typically County Courthouse Civic Center, 300 Seminary Ave., Ukiah Civic Center, 300 Seminary Ave., Ukiah 200 So. School St., Ukiah Civic Center, 300 Seminary Ave., Ukiah 501 Low Gap Road, Conference Room A, Ukiah COMMITTEE FUNCTION To represent and set policy for Chamber and area businesses City managers from entire County and CAO meet to discuss common issues Makes appointments to LAFCO and Airport Land use Commission Review EOC and Emergency Plans Two Supervisors and two Councilmembers meet to discuss common issues Address facility needs of County Criminal Justice Facilities Reviews City investments, policies, and strategies Funded by County, required by legislation - planning & oversee Spheres of Influence, Annexation, service areas, and special districts Policy development for downtown economic development program Plan and fund infrastructure and transportation Develops water resources and protects current water rights, Potter Valley project- Eel River Diversion INFORMATION ON COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Program Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development MEETING DATE/TIME 3rd Wednesday of month, 3:00 p.m. Varies Called as required by Clerk of the Board Twice per year, varies Varies Varies Varies 1st Monday of month, afternoon 1st Thursday of month, 8:00 a.m. 1st Monday of month, afternoon 2"d Thursday of month, 7:00 p.m., bi-monthly On hiatus LOCATION 200 So. School St. Ukiah Rotates between cities BOS Conference Room,501 Low Gap Road, Room 1090, Ukiah Civic Center, 300 Seminary Ave., Ukiah Varies Typically County Courthouse Civic Center, 300 Seminary Ave., Ukiah Civic Center, 300 Seminary Ave., Ukiah 200 So. School St., Ukiah Civic Center, 300 Seminary Ave., Ukiah 501 Low Gap Road, Conference Room A, Ukiah COMMITTEE FUNCTION To represent and set policy for Chamber and area businesses City managers from entire County and CAO meet to discuss common issues Makes appointments to LAFCO and Airport Land use Commission Review EOC and Emergency Plans Two Supervisors and two Councilmembers meet to discuss common issues Address facility needs of County Criminal Justice Facilities Reviews City investments, policies, and strategies Funded by County, required by legislation- planning & oversee Spheres of Influence, Annexation, service areas, and special districts Policy development for downtown economic development program Plan and fund infrastructure and transportation Develops water resources and protects current water rights, Potter Valley project- Eel River Diversion August 18, 1999 COUNCIL COMMIq~FEE ASSIGNMENTS 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 TNorthern California Power Aeency(NCPA) ransmission Agency of Northern California (TANC) Recreation Center Group Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Valley Sanitation District CLIVSD) Councilmember Libby Mayor Mastin City Manager Horsley Mayor Mastin (required) Mayor Mastin - Chair Councilmember Libby - First Vice Chair City Manager Horsley - Second Vice Chair Mayor Mastin Councilmember Ashiku Councilmember Ashiku City Manager Horsley Mayor Mastin Councilmember Smith Councilmember Ashiku Councilmember Smith Councilmember Libby Alternate: Oouncilrnember Smith Councilmember Libby Councilmember Baldwin Alternate: Mayor Mas tin Mayor Mastin Mayor Mastin Electric Utility Director Barnes AJtemate: Uotmcibraember Ashiku Councilmember Libby Councilmember Baldwin Alternate: ~ouncib~enzber Lih h y Councilmembers Mastin & Baldwin Jim Mastin & Phillip Ashiku Councilmember Libby Councilmember Ashiku Alternate: Councibraember Baldwi~ Economic Development & Financing Corporation (EDFC) Finance Review Committee council\comas.wpd Commissioner Libby Chairman Masfin and Commissioner Ashiku Alternate: Commissioner Bald~dn COMMITTEE MEETING LOCATION COMMITTEE FUNCTION DATE/TIME Mendocino Solid Waste 3rd Wednesday of Rotates between Solid Waste JPA Management Authority month, 9:00 a.m. Willits and Ukiah (MSWMA) Mendocino Transit Authority 4th Thursday of Alternating locations County-wide transportation (MTA) Board of Directors month, afternoon issues and funding Northern California Power 4th Thursday of Roseville, CA Pool of public utilities Agency (NCPA) month, 9:00 a.m.) Transmission Agency of Northern California (TANC) Recreation Center Group Varies Location varies To develop cultural and recreational center in the valley Russian River Watershed Sonoma County Considers issues related to Community Council Russian River Skateboard Park Committee Varies Mimie Ambroise The development of a office, 216 W. skateboard park within the Perkins, Ukiah City of Ukiah Solid Waste Committee As needed Willits, location varies Review solid waste recommendations Sun House Guild ex officio 3rd Wednesday of Sun House, 431 S. Support and expand Grace liaison month, 10:00 am- Main St., Ukiah Hudson Museum noon Ukiah Valley Sanitation 3"d Wednesday of County of Mendocino Reviews and determines district (UVSD) month, 1:30 p.m. Board of Supervisors policy for sewer systems in (called by Utility Conference Room, City and District area Director if there is 501 Low Gap Road, business to Ukiah conduct) REDEVELOPMENT AGENCY Economic Development & 1st Wednesday of Location varies Federal funds - economic Financing Corp. (EDFC) month, 2:00-4:00 development, revolving loans Finance Review Committee Varies Civic Center, 300 Review URA Economic Seminary Ave., Development Fund Ukiah Expenditures COMMSN: Information on Council Committee Assignments Revised: 11128100 COUNCIL COMMITTEE ASSIGNMENTS Chamber of Cormnerce 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 Invesiment 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 Northern California Power Agency(NCPA) Transmission Agency of Northern California (TANC) 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) Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designate: Alternate Designa.te: Alternate IDesignate: Alternate Designate: Alternate Economic Development & Financing Corporation (EDFC) Finance Review Committee council\comas draft Alternate INFORMATION ON COUNCIL COMMITTEE ASSIGNMENTS COMMI'I I EE Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee Investment Oversight Committee Local Agency Formation Commission (LAFCO) Main Street Program Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development MEETING DATE/TIME 3rd Wednesday of month, 3:00 p.m. Varies Called as required by Clerk of the Board Twice per year, varies Varies Varies Varies 1st Monday of month, afternoon 1st Thursday of month, 8:00 a.m. 1st Monday of month, afternoon 2nd Thursday of month, 7:00 p.m., bi-monthly On hiatus LOCATION 200 So. School St. Ukiah Rotates between cities BOS Conference Room,501 Low Gap Road, Room 1090, Ukiah Civic Center, 300 Seminary Ave., Ukiah Varies Typically County Courthouse Civic Center, 300 Seminary Ave., Ukiah Civic Center, 300 Seminary Ave., Ukiah 200 So. School St., Ukiah Civic Center, 300 Seminary Ave., Ukiah 501 Low Gap Road, Conference Room A, Ukiah COMMITTEE FUNCTION To represent and set policy for Chamber and area businesses City managers from entire County and CAO meet to discuss common issues Makes appointments to LAFCO and Airport Land use Commission Review EOC and Emergency Plans Two Supervisors and two Councilmembers meet to discuss common issues Address facility needs of County Criminal Justice Facilities Reviews City investments, policies, and strategies Funded by County, required by legislation - planning & oversee Spheres of Influence, Annexation, service areas, and special districts Policy development for downtown economic development program Plan and fund infrastructure and transportation Develops water resources and protects current water rights, Potter Valley project- Eel River Diversion INFORMATION ON COUNCIL COMMITTEE ASSIGNMENTS COMMITTEE Chamber of Commerce Liaison City/County Leadership Group City Selection Committee City of Ukiah Disaster Council Council/County Supervisor Committee Courthouse Facilities Planning Committee Investment Oversight Committee Local Agency Fo~Thation Commission (LAFCO) Main Street Program Board of Directors Mendocino Council of Governments (MCOG) Mendocino County Film Advisory Board (Non-Voting) Mendocino County Inland Water and Power Commission Mendocino County Overall Economic Development MEETING DATE/TIME 3rd Wednesday of month, 3:00 p.m. Varies Called as required by Clerk of the Board Twice per year, varies Varies Varies Varies Ist Monday of month, afternoon 1st Thursday of month, 8:00 a.m. 1st Monday of month, afternoon 2n(~ Thursday of month, 7:00 p.m., bi-monthly On hiatus LOCATION 200 So. School St. Ukiah Rotates between cities BOS Conference Room,501 Low Gap Road, Room 1090, Ukiah Civic Center, 300 Seminary Ave., Ukiah Varies Typically County Courthouse Civic Center, 300 Seminary Ave., Ukiah Civic Center, 300 Seminary Ave., Ukiah 200 So. School St., Ukiah Civic Center, 300 Seminary Ave., Ukiah 501 Low Gap Road, Conference Room A, Ukiah COMMITTEE FUNCTION To represent and set policy for Chamber and area businesses City managers from entire County and CAO meet to discuss common issues Makes appointments to LAFCO and Airport Land use Commission Review EOC and Emergency Plans Two Supervisors and two Councilmembers meet to discuss common issues Address facility needs of County Criminal Justice Facilities Reviews City investments, policies, and strategies Funded by County, required by legislation- planning & oversee Spheres of Influence, Annexation, service areas, and special districts Policy development for downtown economic development program Plan and fund infrastructure and transportation Develops water resources and protects current water rights, Potter Valley project- Eel River Diversion August 18, 1999 COUNCIL COMMITTEE ASSIGNMENTS 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) Councilmember Libby Mayor Mastin City Manager Horsley Mayor Mastin (required) Mayor Mastin - Chair Councilmember Libby - First Vice Chair City Manager Horsley - Second Vice Chair Mayor Mastin Councilmember Ashiku Councilmember Ashiku City Manager Horsley Mayor Mastin Councilmember Smith Councilmember Ashiku Councilmember Smith Councilmember Libby Alternate: Cotmcilmember Sndtb Mendocino County Film Advisory Board (Non-Voting) Councilmember Libby Mendocino County Inland Water and Power Commission Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power A~ency(NCPA) Transmission Agency of Northern California (TANC) Councilmember Baldwin Alternate: Mayor Mas tin Mayor Mastin Mayor Mastin Electric Utility Director Barnes Alternate: Cotmcilmember Ashiku Recreation Center Group Councilmember Libby Russian River Watershed Community Council Skateboard Park Committee Solid Waste Committee Sun House Guild ex officio liaison Ukiah Valley Sanitation District (UVSD) Councilmember Baldwin Alternate: Counciimember La'bby Councilmembers Mastin & Baldwin Jim Mastin & Phillip Ashiku Councilmember Libby Councilmember Ashiku Alternate: Counciimember Baldwin Economic Development & Financing Corporation (EDFC) Finance Review Committee council\comas.wpd Commissioner Libby Chairman Mastin and Commissioner Ashiku Alternate: Commissioner Baldwin COMMITTEE Mendocino Solid Waste Management Authority (MSWMA) Mendocino Transit Authority (MTA) Board of Directors Northern California Power Agency (NCPA) Transmission Agency of Northern California (TANC) 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) MEETING DATE/TIME 3rd Wednesday of month, 9:00 a.m. 4th Thursday of month, afternoon 4th Thursday of month, 9:00 a.m.) Varies Varies As needed 3rd Wednesday of month, 10:00 am- noon 3r~ Wednesday of month, 1:30 p.m. (called by Utility Director if there is business to conduct) LOCATION Rotates between Willits and Ukiah Alternating locations Roseville, CA Location varies Sonoma County Mimie Ambroise office, 216 W. Perkins, Ukiah Willits, location varies Sun House, 431 S. Main St., Ukiah County of Mendocino Board of Supervisors Conference Room, 501 Low Gap Road, Ukiah COMMITTEE FUNCTION Solid Waste JPA County-wide transportation issues and funding Pool of public utilities To develop cultural and recreational center in the valley Considers issues related to Russian River The development of a skateboard park within the City of Ukiah Review solid waste recommendations Support and expand Grace Hudson Museum Reviews and determines policy for sewer systems in City and District area Economic Development & Financing Corp. (EDFC) Finance Review Committee REDEVELOPMENT AGENCY 1st Wednesday of month, 2:00-4:00 p.m. Varies Location varies Civic Center, 300 Seminary Ave., Ukiah Federal funds - economic development, revolving loans Review URA Economic Development Fund Expenditures COMMSN: Information on Council Committee Assignments Revised: 11/28/00 ITEM NO. DATE:December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT REGARDING THE PROPOSED REVISIONS TO THE HILLSIDE ZONING REGULATIONS AND CURRENT PROJECTS WITHIN THE HILLSIDE DISTRICT BACKGROUND: Staff has been asked to provide the City Council with a status report regarding the proposed revisions to the Hillside zoning regulations and the current projects located within this district. The following text provides a status report on both on these topics, as well as a timeline for their completion. Hillside Zoning Regulations: The Planning Commission conducted a workshop last May to discuss staff initiated revisions to the hillside zoning regulations. The workshop was attended by affected property owners and citizens interested in the protection and conservation of the western hillside area. The Commission suggested a number of changes to the preliminary draft regulations, and asked staff to conduct research regarding the buildout potential of the Hillside Zoning District. Staff also received detailed comments on the preliminary draft regulations from a number of affected property owners. Staff had hoped to incorporate the comments suggested by the Planning Commission, analyze the comments submitted by the public, complete the complex build-out research, and conduct a second workshop this fall, but progress has been slow. This has been due to our unsuccessful attempts to recruit and hire a second Associate Planner, and by the unusually high number of planning and building permits filed this fiscal year. We now are hoping to conduct the second Planning Commission workshop early next year. Current Hillside Projects: In June, 1989, the City Council on appeal, adopted a Mitigated Negative Declaration and approved the Nix homesite development project located in the western hillside area. The appeal, filed by a number of concerned neighbors, argued unsuccessfully for the preparation of an Environmental Impact Report (EIR) before action was taken on the project. Staff had recommended that an EIR be prepared for the project, but both the Planning Commission and City Council disagreed and ordered the preparation of a Mitigated Negative Declaration. (Continued on page 2) RECOMMENDED ACTION: Receive status report regarding the proposed revisions to the hillside zoning regulations and current projects within the hillside district. ALTERNATIVE COUNCIL POLICY OPTION: Do not receive the status report and provide direction to staff. Requested by: Councilmember Baldwin Prepared by: Charley Stump, Planning Director Coordinated with: Candace Horsley, City Manager Attachments: None APPROVED: ~Ce..~~C~. anager The conditionally approved project included vegetation management (20-25 acres of "thinning and fire breaks"), a significant amount of grading, the construction of a home, large shop, water tanks, access roads, drainage facilities, and a rock quarry. At that time, the applicant indicated that the project could take five or more years to complete. To date, the vegetation management, grading, rock extraction, access roads, and drainage facilities have basically been completed, and the home and shop are under construction. Recent interest in the project has caused staff to review the approved set of plans, discuss the project with the applicant, and review recent air photographs of the site to determine if it is being constructed in substantial conformance with the project approved by the City Council. Based on this review, it appears that the project is being constructed in substantial conformance with the approved plans. Proposed Subdivision and Home Development: Landowners above the Nix property have recently submitted a subdivision application to divide an existing 47-acre parcel into 5 new parcels ranging in size from approximately 5 to 15 acres. They are proposing to pave the existing dirt access road and underground utilities in a trench along its outside edge. They have also submitted a Use Permit to construct a single-family residence on one of the parcels, and to legalize a number of unauthorized activities. These activities include the clearing and preliminary grading of three of the proposed five parcels, significant vegetation removal, excavation of rock and grading of slopes above the existing roadway, trenching and installation of a telephone line within the existing roadway, and the installation of a water tank, water distribution line, and water well. Winterization of the disturbed areas has been routinely performed to control and preclude erosion. The applications were deemed "complete" for processing on November 24, 2000, and staff is currently preparing an Initial Study of potential environmental impacts that could result from the proposal. Staff will be making a determination during the month of December regarding what type of environmental document will be required for the project to comply with the California Environmental Quality Act. If potential significant adverse environmental impacts are discovered, and feasible mitigation measures identified, then a Mitigated Negative Declaration can be prepared for the project. However, if feasible mitigation measures cannot be identified, then an Environmental Impact Report will be required for the project. CONCLUSIONS: Over the past several months, staff's focus on the western hillside area has been on the proposed five parcel subdivision/residential development project. At the request of a number of concerned citizens, we have also spent time reviewing the administrative record of the 1989 Nix project, past and recent aerial photographs, and other information to determine if that project is being developed according to the approved plans. In terms of the proposed revisions to the hillside regulations, staff hopes to finalize our research and review of submitted comments, and schedule a second Planning Commission workshop early next year. ITEM NO. 9d DATE:December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT REGARDING SIGNS PROPOSED FOR THE NEW THURSTON AUTO PLAZA LOCATED NORTH OF THE CITY LIMITS SUMMARY: As part of his new auto plaza project north of the City limits, Mr. Dennis Thurston is seeking relief from a number of County sign regulations. His variance application has been submitted to the County Planning Department staff, and is scheduled for consideration by the Board of Supervisors on December 12, 2000. City staff submitted a letter (Attachment No. 1) objecting to the proposed variances for the Highway 101 signs on November 14, 2000. The purpose of this Status Report is to provide the City Council with information about the sign proposal/variance application, City staff's response, and the recommendation being advanced by the County Planning staff to the Board of Supervisors. The Variance Application: The applicant is seeking a Variance from the Mendocino County on-site advertising sign standards to permit the following: Variance to the maximum permitted sign area of 128 square feet to allow up to 850 square feet of sign area in both freestanding and wall signs; . Variance to required 10-foot front yard setback to permit portions of freestanding signs located along North State Street frontage to extend to the edge of the right-of-way; , Variance to sign standards limiting lighting and movement associated with signage to permit an "electronic message center" on freestanding sign along Highway 101 frontage to allow variable or rotating messages to be depicted; and . In lieu of the electronic message center, a Variance to the maximum height of a freestanding sign of 25 feet to permit a 60-foot tall freestanding sign containing an additional 400 square feet of sign area. (Continued on page 2) RECOMMENDED ACTION: Receive report. ALTERNATIVE COUNCIL POLICY OPTION: Do not receive report and provide direction to staff. Citizen Advised: Rosalind Peterson Prepared by: Charley Stump, Planning Director Coordinated with: Conduce Horsey, City Manager Attachments: 1. Staff comment letter, dated November 14, 2000 2. Diagram of the proposed alternative signs for the Highway 101 frontage Candace Horsley, City'/Manager City Staff Response: After review of the proposal, staff concluded that both of the alternatives for Highway 101 frontage signs are inconsistent with the purpose, intent, goals, and policies of the draft Ukiah Valley Area Plan Community Design Element, which designates Highway 101 as a "Gateway" and "Scenic Corridor." We concluded further that the signs would be distinctly out-of-place in the rural scenic setting of the site, and would conflict with the broader goal of establishing a consistent approach to design in the Ukiah Valley. We pointed out that the City Planning Commission recently denied requests for large highway oriented pole signs associated with a proposed auto dealership (Fowler) and hotel development (Hampton Inn). We recommended denial of the proposed alternatives for Highway 101 signage, and suggested the creative redesign of a more modest and appropriate sign along this important scenic corridor. County Staff Recommendation: County Planning Department staff have concluded in their staff report that the proposed project is inconsistent with the County General Plan and the intent of the sign regulations. They indicate that the amount of relief from code requirements is so extensive, that the findings to approve the Variance cannot be made. Accordingly, they are recommending approval of a modified sign program with minimal deviation from code requirements. This modified sign program includes limiting the Highway 101 frontage advertising to one freestanding sign up to 25-feet tall and containing no more than 200 square feet of sign copy. Additionally, County staff is recommending against the "electronic message center" component. CONCLUSIONS: Staff has responded to the proposed Thurston Auto Plaza Highway sign program by submitting a letter urging denial of both alternative designs. The proposed 60-foot tall pylon sign (version A) and the 25-foot tall "electronic message center~' sign (version B), are both inappropriate for the rural setting of the site, as well as inconsistent with the draft Ukiah Valley Area Plan Community Design Element. The County planning staff are recommending against both alternatives, and suggesting that a more modest 25-foot tall sign with less advertising square footage be approved. - . . ?,~..",~/. 300 ~~r~VE., UKXH, ~ 95482-5400 - ~MIN. 707/463-6200 · PUBLIC ~FE~ 463~242/6274 - F~ ~ 707/463~204 - E~IL: ukiahc~jps.ne~ - November 14, 2000 Mr. Frank Lynch, Supervising Planner Mendocino County Planning and Building Services 501 Low Gap Road, Room 1440 Ukiah, CA 95482 RE: Thurston Variance 10-2000 Dear Mr. Lynch: Thank you for the opportunity to comment on the above referenced Variance application. We appreciate the referral, and apologize for our tardy response. Based on the project description, it appears that the applicant is seeking relief from a number of requirements for signs proposed on the subject property. Our comments are directed at the request for an "electronic message center" on the proposed twenty-five (25') freestanding sign along Highway 101, and the proposed alternative for a sixty-foot (60') tall freestanding sign in the same location. It is our understanding that the Variance is necessary for the "electronic message center" because the Mendocino County Code contains standards limiting and/or precluding lighting and movement (variable or rotating messages) on signs. We understand further that the Variance is required for the alternative sixty-foot (60') tall sign because the maximum height allowed is twenty-five feet (25'). The City of Ukiah is concerned that both alternatives conflict sharply with the Draft Ukiah Valley Area Plan's designation of Highway 101 as an important Gateway and Local Scenic Corridor through the Ukiah Valley. The Plan defines this route as one of "high visual attractiveness", and calls for the protection of its natural beauty. As you know, the Draft Area Plan also lauds the efforts of the local Chamber of Commerce Beautification Program along Highway 101, which has involved the careful planting of trees in key locations. It also cites the success of the efforts of the Caltrans "Adopt-a-Highway" program that provides litter cleanup by local groups. Both of these programs are intended to maintain the clean rural setting of the Highway 101 corridor. In addition, Goal CD-4 of the Draft Ukiah Valley Area Plan is to "enhance the appearance of the Valley's Gateways and Scenic Corridors." Underlying Policy CD-4.2 directs efforts to "upgrade the visual appearance of the Scenic Corridor along U.S. Highway 101 to encourage attractive views from U.S. Highway 101." In our opinion, both freestanding highway sign alternatives are clearly inconsistent with the purpose and intent of the proposed Gateway and Local Scenic Corridor designations for Highway 101, as well as Goal CD-4 and Policy CD-4.2. Their large sizes and /.-/ '~(/e Are Here 1-o Serve" dominating designs are better suited in large densely urban environments, rather than the rural and scenic corridor through our beautiful valley. In our opinion, they do not upgrade the visual appearance of the scenic corridor, nor do they create attractive views from U.S. Highway 101. The City has implemented its own General Plan policies for protecting the U.S. Highway 101 viewshed and scenic corridor as it passes through the urban center of the valley. The City Planning Commission has recently denied requests for large freestanding highway signs for both an auto dealership and hotel development. They cited the General Plan policies for protecting the Gateway and "first impression" views of the City, as well as the designated Local Scenic Corridor through the valley. In shod, the City feels that large freestanding highway signs are inappropriate for the urban center of the valley, let alone the more rural natural setting of the Thurston auto dealership site. Accordingly, we urge Mendocino County to honor the City's approach to freestanding highway signs, and fulfill the direction contained in the Ukiah General Plan and Draft Ukiah Valley Area Plan to create a consistent approach to building and development design in the valley. In our opinion, the findings to support the Variance requests for both of these alternative signs cannot be made. Approving either sign would clearly represent a grant of special privilege, because no other sixty-foot (60') tall or electronic message center signs exist anywhere in the area, and granting of the variances would not place the property owner in parity with other property owners in the same zoning district. In addition, our field review reveals nothing physically unique about the site that causes a hardship and warrants a deviation from the height or sign copy standards. Moreover, in our opinion, the granting of Variances for either sign would be detrimental to the public welfare because they would be clearly inconsistent with the public's stated desire to protect and enhance the natural setting of the Highway 101 Gateway and Local Scenic Corridor. As an alternative, we encourage a more modest approach to highway signage for this project. In our opinion, a fifteen (15) to twenty-foot (20') tall non-lighted monument sign with minimal stationary sign copy and a creatively designed base would provide a sophisticated appearance, and adequate facility identification at this already highly visible site. In conclusion, we feel the proposed alternative signs for the highway 101 frontage are cleady inconsistent with the purpose, intent, goals, and policies of the draft Ukiah Valley Area Plan Community Design Element. They would be distinctly out-of-place in this rural and important scenic setting, and would conflict with the broader goal of establishing a consistent approach to design in the Ukiah Valley. Accordingly, we urge the denial of both of these alternatives in the Variance application, and encourage the creative redesign of a more modest and appropriate sign along this Local Scenic Corridor. If you have any questions, or/~vould application, please contact ly at (707) 463-6219. / evelopment /' /¢'~~Stump, ~ng and Communil C: Candace Horsley, City Manager like to discuss our comments on this Variance CD 0 t.,I I-I'EM NO. 9e MEE'E[NG DATE: December 6, 2000 AGENDA SUMMARY REPORT SUB3ECT: Introduction of Ordinance Amending Section :L607 of the Ukiah City Code Regarding Claim Filing Procedures SUMMARY: Attached for the City Council's consideration is an ordinance amending Section 1607 of the Ukiah City Code (UCC). Under the California Tort Claims Act, claims for money or damages against the City must first be filed with the City Council before a law suit can be filed against the City to recover the money or damages (Government Code Sections 905 and 945.4.). The Act requires that these claims be filed within either six months or one year of the date when the cause of action accrues, depending on the type of claim. Certain types of claims are exempt from this claim filing requirement, unless the City adopts an ordinance requiring that those exempt claims also be filed with the City Council. ]:f such an ordinance is adopted, all of the claim filing requirements apply to those exempt claims, including the time limits for filing them. Exempt claims include claims by city employees for fees, salaries, wages, mileage or other expenses and allowances and claims by the State or by a state department or agency or by another local public entity. [Continued on page 2] RECOMMENDED ACTION: Pass motion to introduce Ordinance Amending Ukiah City Code Section 1607 by title only and introduce ordinance. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject the ordinance and provide direction to staff. Citizens Advised: Requested by: Prepared by: Coordinated with: Attachment: N/A David ]. Rapport, City Attorney David .]. Rapport, City Attorney Candace Horsley, City Manager 1. Proposed ordinance, pages 1-2; 2. Current UCC Section :~607, page 3 4:can:aaimsOrd.ooCandace Horsley, CitylManager :Introduction of Ordinance Amending Section 1607 of the Ukiah City Code Regarding Claim Filing Procedures (Continued from Summary, page 1) In 1989, the City first adopted Section 1607 of the City Code requiring that those exempt claims be filed with the City Council. The section was intended to impose the claim filing requirement on all exempt claims against the City or any of its agencies or departments. However, the section does not expressly mention other City agencies or departments, although that was implied by referring to claims against the City of Ukiah. To avoid any confusion concerning this requirement, the attached amendments to the section are proposed which will clearly state that claims subject to the claim filing requirement include claims against the City and its agencies and departments. ORD?NANCE NO. ORD?NANCE OF THE CZTY COUNCTL OF THE CI'TY OF UKI'AH, AMENDI'NG ARTTCLE 2, CHAPTER 7 OF DI'VTSI'ON 1 OF THE UKIAH CI'TY CODE, PERTA]~NI'NG TO THE CLAI'M FI'LI'NG PROCEDURE FOR CLAt'MS EXEMPT FROM THE CLA?M F?L]:NG RE(~UI'REMENTS OF SECTI'ON 905 OF THE GOVERNMENT CODE. The City Council of the City of Ukiah ordains as follows: SECTION 1. The City Council finds and declares that: 1. Ukiah City Code Section 1607, originally enacted in 1989, has required claims against the City of Ukiah by city employees and public agencies to comply with the claim filing requirements of Government Code Section 905. 2. The City has interpreted this requirement as applying to claims against any agency or department of the City, including, but not limited to, the Ukiah Redevelopment Agency. 3. To avoid any ambiguity on this point, the City Council has determined to amend Section 1607 to make explicit what the City Councilbelieves has been implicit since the enactment of Section 1607 in 1989. 4. The City Council declares these amendments to Section 1607 as a restatement of existing law. SECTION 2. (a) Section 1607 in Article 2, Chapter 7, Division I of the Ukiah City Code is hereby amended to read as follows: Section 1607: Procedure For Filing Claims For Money Or Damages: All claims against the City of Ukiah or any of its agencies or departments, including, but not limited to, the Ukiah Redevelopment Agency, for money or damages which are excepted by section 905 of the Government Code from Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of said Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be presented to the City Council and acted upon as a prerequisite to suit thereon as further provided in this section. All such claims shall be presented as required by Chapter 2 of Part 3 of Division 3.6 of the California Government Code and within the time periods specified therein. Claims subject to the claim filing requirements of this section shall include, but not be limited to, claims by public employees for fees, salaries, wages, mileage or other expenses and allowances andclaims by the State or by a state department or agency or by another local public entity, including school districts. The provisions of this section shall apply to any claim whether it relates to events, transactions or occurrences that took place prior to the effective date of this section or after the effective date of this section. Ordinance No. Page 1 of 2 SECTION 3. This ordinance shall be published as required by law and shall become effective 30 days after its adoption by the City Council. Introduced by title only on December 6, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Adopted on December 20, 2000, by the following roll call vote' AYES: NOES: ABSENT: ABSTAIN: ATTEST: Phillip Ashiku, Mayor Marie Ulvila, City Clerk 04: Res: Claims. RDA Ordinance No. Page 2 of 2 § 1607 § 1607 CHAPTER 7 PROCEDURE FOR APPROVAL AND PAYMENT OF INVOICES AND DEMANDS ARTICLE 2. CLAIMS FOR MONEY OR DAMAGES SECTION: §1607: Procedure for Filing Claims for Money or Damages §1607: PROCEDURE FOR FILING CLAIMS FOR MONEY OR DAMAGES: All claims against the City for money or damages which are excepted by section 905 of the government Code from Chapter I (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of said Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be presented to the City Council and acted upon as a prerequisite to suit thereon as further provided in this Section. All such claims shall be presented as required by Chapter 2 of Part 3 of Division 3.6 of the California Government Code and within the time periods specified therein. Claims subject to the claim filing requirements of this Section shall include, but not be limited to, claims by public employees for fees, salaries, wages, mileage or other expenses and allowances and claims by the State or by a State department or agency or by another local public entity. The provisions of this Section shall apply to any claim whether it relates to events, transactions or occurrences that took place prior to the effective date of this Section or after the effective date of this Section. (Ord. 894, §1, adopted 1989) 6/93 107O -~_ ITEM NO. 9f DATE: December 6, 2000 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND ADOPTION OF RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR EMPLOYEE BARGAINING UNIT- MANAGEMENT The City Manager has met with representatives of the Management Unit to discuss negotiation items for the period from October 1, 2000 - September 30, 2003. The negotiations have resulted in a tentative agreement which has been ratified by the Unit. The proposed Memorandum of Understanding is being submitted for Council's review and discussion in closed session with the City Manager. If the City Council approves the agreement in closed session, then adoption of the attached resolution in open public session would be necessary. RECOMMENDED ACTION: Consideration of MOU and adoption of MOU resolution approving Memorandum of Understanding for the Management Unit. ALTERNATIVE COUNCIL POLICY OPTIONS: . Do not adopt resolution. Refer to Staff for amendments. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Melody Harris, Personnel Officer Candace Horsley, City Manager 1. Resolution APPROVED: Candace Horsley, City Manager 3:MOUV~,SRMGMT.MOU RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF UKIAH AND THE MANAGEMENT UNIT WHEREAS, the Employee/Employer Relations Officer has met and conferred in good faith with representatives of the Management Unit; and WHEREAS, a Memorandum of Understanding has been approved by the Management Unit; and WHEREAS, said Memorandum of Understanding has been presented to the City Council for its consideration. NOW, THEREFORE, BE IT RESOLVED that the Memorandum of Understanding for the Management Unit is hereby adopted and the Employee/Employer Relations Officer is authorized to enter into this Agreement for the term of October 1,2000 - September 30, 2003. PASSED AND ADOPTED this 6th day of December, 2000, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: A"F'I'EST: , Mayor Marie Ulvila, City Clerk 3:PER/RES.MOU