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HomeMy WebLinkAbout2000-06-21 Packet 3a ITEM NO. DATE: June 21, 2000 AGENDA SUMMARY REPORT SUBJECT: INTRODUCTION OF NEW EMPLOYEE: GINA GRECO, COMMUNITY SERVICES SPORTS AND ACTIVITIES COORDINATOR The Community Services Department is pleased to introduce to the City Council and the Community, Gina Greco, our new Sports and Activities Coordinator. Gina comes to us from a local engineering firm where she served as office manager for the last five years. Through this experience Gina brings to the City excellent administrative and organizational skills. She is also a fitness instructor at the Redwood Health Club and has been organizing and conducting her own classes at the club since 1988. Gina also has an extensive background in coordinating community events such as Dance for Heart, Daffodil Days and the Russian River Run. Since joining the Department Gina has put this experience to good use by taking the lead in organizing this year's Summer Day Camp, the publication of the Summer 2000 recreation brochure, and preparing for the Concert in the Park Series. In her spare time, Gina likes to work on her home and enjoy her family. The Community Services Department is very pleased to have her as part of our team and ask that the City Council join us in welcoming Gina Greco to the City of Ukiah. RECOMMENDED ACTION: N/A ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A N/A Sage Sangiacomo, Community Services Supervisor Larry W. DeKnoblough, Community Services Director Candace Horsley, City Manager None Candace Horsley, Cit~anager LD2 GNAINTRO.ASR MINUTES OF THE UKIAH CITY COUNCIL Regular Meeting Wednesday, June 7, 2000 The Ukiah City Council met at a Regular Meeting on June 7, 2000, the notice for which had been legally noticed and posted, at 6:31 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 (6:33 p.m.), Ashiku (6:36 p.m.), and Mayor Mastin. Staff present: Community Development Director DeKnoblough, Finance Director Elton, Personnel Officer Harris, Risk Manager/Budget Officer Harris, City Manager Horsley, MIS Coordinator Klingbeil, City Attorney Rapport, Police Chief Williams, Administrative Assistant Yoast, and City Clerk Ulvila. 2. PLEDGE OF ALLEGIANCE Councilmember Libby led the Pledge of Allegiance. COMMENDATION 4a. Ukiah Senior Center Board Member: Russ Kinsey Mayor Mastin read the Commendation presented to Russ Kinsey in appreciation for his dedicated service to the Ukiah Senior Center. Russ Kinsey appreciated the honor and discussed the work of volunteers at the Ukiah Senior Center. COMMENDATION 4b. Bruce Evans Mayor Mastin read the Commendation presented to Bruce Evans in appreciation for his dedicated service to the City of Ukiah and the Ukiah Fire Department. Bruce Evans thanked Council and explained that he enjoyed working for the Fire Department during the past 27 years and with all City employees. He was given a standing ovation. PRESENTATION Sa. Greater Ukiah Chamber of Commerce Jim Harrison, Chief Financial Officer, discussed the Chamber of services, seminars and workshops they have provided to the community. He noted the Chamber of Commerce's partnerships with the City and other organizations for the October Pumpkinfest and for the Fourth of July celebration each year. Kathie Spencer, President, spoke about funding, membership, and sponsorships. She noted the public/private partnership between the City of Ukiah and the Chamber of Commerce and that the City has contributed $19,000 towards tourism, relocation and development promotion. She discussed links provided on the Web Site to other organizations in the community. On behalf of the Greater Ukiah Chamber of Commerce, she requested Council approve continued funding of $19,000 annually to the Chamber. DRAFT June 7, 2000 Page 1 of 14 She noted that the Chamber pays rent at the Conference Center for their office space. PRESENTATION 5b. Mendocino Cm,nty Youth Project: Karen Wandrei Dr. Karen Wandrei, Executive Director of the Mendocino County Youth Project, distributed an organizational chart, a description of agency services, as well as an agency brochure. She advised that the Mendocino County Youth Project is a Countywide agency that has been in existence for over 25 years and provides services throughout the County, with most of the services provided in Ukiah. The Mendocino County Youth Project is a Joint Powers Agency created by four cities in the County, County Office of Education, and the School Districts. She discussed the structure of their Board of Directors and noted that Sage Sangiacomo, the City's representative, sits on their Board. Although Big Brothers and Big Sisters are affiliated with their program, they are a separate organization and program, and seek funding separately. They work closely with the Ukiah Police Department on a daily basis and discussed crisis services and counseling that are offered by their agency. She discussed alcohol and drug programs offered to youth through Redwood Counseling Service, working in collaboration with Project Sanctuary, and providing a number of services in the schools that includes counseling for drug and alcohol, and truancy prevention. She discussed their Family Enhancement Project and counseling of parents that are going through a divorce who have children. Fire Chief Sandelin spoke regarding the Commendation for Fire Marshal Bruce Evans. He has worked with Bruce for nearly 27 years and complimented him on his expertise with fire investigation and other facets of the Fire Department. He congratulated him on his retirement. 3. CONTINUATION OF BUDGET GOALS AND OBJECTIVES: REVIEW OF 1999-00 ACCOMPLISHMENTS AND 2000-01 OBJECTIVES FOR VARIOUS CITY FUNCTIONS Personnel Personnel Officer Harris reported that the Personnel Department hired 51 staff members through open and promotional recruitment during the current Fiscal year. The Department facilitated employee training on such topics as harassment in the workplace, conflict resolution, traffic control and flagging, and confined space training. In addition to regularly scheduled enrollment periods, the Department recently completed a health insurance plan conversion and open enrollment for our primary health plan carrier, converting 137 employees and retirees to Blue Shield. She attended various labor law seminars and legislative updates relative to PERS, Workers Compensation, and current personnel legislation in order to remain informed on the ever-changing state and federal employment laws. For next year, the Personnel Department will provide on-going employee training on such topics as performance evaluation, employee assistance program, CPR, and relevant safety issues. The Department would like to implement an employee and applicant tracking data base in order to compile statistical and historical information on employees and applicants for recruitment and budget planning, maintaining employee training records, employee salary and promotional histories, and for the tracking of employee disability leave data. She would also like to implement Email and Internet DRAFT June 7, 2000 Page 2 of 14 access within the Department for posting vacancy announcements, receiving confidential test and fingerprinting results from the Departments of Justice and Transportation, and for receipt of other confidential communications with labor attorneys and other governmental agencies regarding personnel matters. Administrative Support ~ Executive Assistant Yoast explained that the Secretarial Pool changed its division name to Administrative Support Division. They assisted the Assistant City Manager in setting up his office and creating a filing system for that position. They provided recording secretary support at the Airport Commission monthly meetings. They increased the copier usage over the previous year as a result of in-house staff now copying forms for-the Finance Department that were previously sent to a printer, the Recreation Division's increased activities and their associated flyers, applications, etc., as well as reproduCtion of the City newsletter. They trained staff on the use of the new optical imaging system and MS Word software programs, and hired and trained the City's new receptionist/clerk typist. Next year they hope to acquire network capability and Internet access at individual workstations as appropriate, and training as needed. They plan to purchase a new copy machine for the front work area in the Administrative wing of City Hall. City Clerk City Clerk Ulvila reported that during the current year she developed an electronic tracking method for reCords retention files and City leases. Changes to the City's records retention schedule will be coming before Council in July. The City Clerk's Department obtained the optical imaging system and has received training, which will continue throughout the coming year. During this year, she obtained her Notary Commission. Next year optical imaging and scanning procedures will continue in order to bring all files current. She will continue to coordinate the process and documentation for the November 2000 City Election. She also plans to pursue options for linking the City Code to the City's Web page on the Internet. Redevelopment City Manager Horsley advised that this item would Redevelopment Agency meeting. be reviewed at next Ukiah 7. RIGHT TO APPEAL DECISION Mayor Mastin read the appeal process. 8. CONSENT CALENDAR MIS AshikulBaldwin approving items a through e of the Consent Calendar. Councilmember Libby requested item 8d be pulled from Consent Calendar. MIS AshikulBaldwin amending motion to approve Consent Calendar items a, b, c, and e as follows: a. Rejected Claim for Damages Received from Schuyler Ro.qers and Referred to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund; DRAFT June 7, 2000 Page 3 of 14 b. Received Report to Council Regarding the Procurement of Computer Software Training Services from Redwood Computers in the Amount of $5,355; c. Approved the City of Ukiah Statement of Investment Policy for Fiscal Year 2000/2001; e. Received Report of Sale of Surplus Fire Engine to Hopland/Sanel Valley Fire Department. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. Mayor Mastin advised that Consent item 8d will heard as 1 lb on the Agenda. APPROVAL OF MINUTES: 6a. Special Meetin.q of May 17, 2000 MIS Smith/Libby approving the Minutes of the Special Meeting of May 17, 2000, as submitted, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. APPROVAL OF MINUTES: 6b. Re.qular Meetin.q of May 17, 2000 Councilmember Smith noted a correction to page 6, second paragraph, first sentence to Street Board along with City Manager Horsley and Community Development Director DeKnoblough this week to discuss the future contract for the Main Street Program." MIS Smith/Libby approving the Minutes of Regular Meeting of May 17, 2000, as corrected, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 9. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Steve Turner, on behalf of the Bike Week Committee, made a presentation to Mayor Mastin. The Mayor consented to participate in a friendly competition with Mendocino County Supervisor Shoemaker in which both rode their bicycles as much as possible during Bike Week. The Bike Week Committee awarded Mayor Mastin a plaque for biking the most miles. The competition will be repeated next year. Mayor Mastin explained that it was a fun week and that he has changed his transportation habits since the competition. 11b. Approved Lease with Feather Lite, Inc., for a 7,000 Square Foot Portion of the Ukiah Reqional Airport Councilmember Libby inquired why the matter was not included on the Consent Calendar rather than under New Business on the Agenda. City Manager Horsley explained if there is something controversial or issues that Council needs to discuss, it would be included under New Business, however, this is a standard lease agreement and therefore was included on the Consent Calendar. DRAFT June 7, 2000 Page 4 of 14 Councilmember Baldwin was under the assumption that Feather Lite was only manufacturing aircraft parts, however, the Staff Report indicates they manufacture experimental aircraft. He inquired if they plan to test the aircraft at the Ukiah Airport. Michael Dilly, president of Feather Lite, stated they will not be testing aircraft at Ukiah Airport and test flying is not part of their operations. Councilmember Ashiku inquired if they will be constructing experimental aircraft at Ukiah Airport. Mr. Dilly explained that they would construct one airplane and it is a long-term project. They build components for both experimental and certificated aircraft and helicopters. The individual aircraft they plan to construct is a self-funded project. After it is constructed, they will produce kits and the kits will be shipped to customers which the customer assembles. He explained that it is not necessary to be located at an airport, however, most of their customers are aircraft owners and operators. At times they fly in to discuss projects. Since they manufacture aircraft components, they have always been located near an airport. He noted they currently have 6.5 employees and it may be increased to 10 employees by the end of the year. He projected having 10 to 20 employees within a five-year period. Councilmember Baldwin inquired if Mr. Dilly's business plan is dependent on increased air traffic coming into the Ukiah Airport. Mr. Dilly explained they ship their manufactured components worldwide and are not dependent on increased air traffic at Ukiah Airport. He discussed his operations in Boonville. Councilmember Libby noted that the Staff Report indicates that staff will be doing survey work, trenching, undergrounding the drain line, and inquired if it is part of the capital improvement fee that is being charged to the leasee. Community Services Director DeKnoblough explained that it is not being charged to the leasee. It is an existing drainage ditch created by natural drainage, and in order for the City to prepare the site for any kind of development, it would need to be filled. As part of the project, the City agreed to get that portion of the site prepared so it could be developed. He discussed construction costs and staff time to complete the work. City Manager Horsley explained that the City's standard is that the parking lot and road be paved for new construction at the Airport. VERBATIM MINUTES START: (As requested by Vice-Mayor Ashiku) "Councilmember Libby: I know Councilman Ashiku has been very involved in this project, and I just wanted to ask if you have any financial interest in this because I know you've been very involved from the beginning. DRAFT June 7, 2000 Page 5 of 14 Councilmembe~' Ashiku: Well, you know, I kind of take that question personally because ill have interest in promoting, for Christ's sakes, any business, small business that comes to. this community, am I going to be under suspicion by you for having a financial interest? (Libby talking at the same time.) Excuse me, excuse me. Is it because they are from Boonville that I'm under suspicion? Because I grew up in Boonville, that I might have financial interest? I think the question is entirely inappropriate, Kathy. And, you know, I champion small businesses. It happens to be what I do. I try to bring small businesses into the community, in fact, I didn't even know Mr. Dilly's last name until tonight. In fact, Mr. Dilly can come up to you today, tonight here, and tell you that I did not meet him for the first time until this year. You can ask him. I mean, that is unbelievable. That is just unbelievable. Councilmernber Libby:' Councilman Ashiku, I'm just asking the question. I think you're reading into something. I just know you've been very involved and very excited about it from the beginning, and you are from that area. I just... Councilmember Ashiku: I, you know, I take it personally, and I'll tell you this, rm excited because they have the.potential for creating 20 to 30 jobs here. I'm excited about that. I think you all should be excited about that. You proclaim to be a champion of small business, Kathy, and I never question your motives. I tell you, I have nothing to do with this company. I haVe no financial interest. Councilmember Libby: That's all you had to state. Councilmember Ashiku: I didn't have to state that and I'm going to tell you this, though. I take it as a personal offence. I mean you are politicizing this process. And I think it's wrong. I think it's an inappropriate question because there is no basis for that question. There is no basis to support that other than you suspicion. And, I mean, if I, I mean, I think it's just entirely inappropriate to ask that question, rm offended by it. Councilmember Libby: I'm sorry you're offended by it. question." VERBATIM MINUTES END I think it was just a legitimate Councilmember Baldwin explained that he supports the project and is impressed by Mr. Dilly's discussion of his business. However, we need to continue to revisit items concerning Airport development and should be included on the regular Agenda, rather than the Consent Calendar in the future. MIS Smith/Libby approving the lease with Feather Lite, Inc. at the Ukiah Airport, carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, Ashiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. UNFINISHED BUSINESS 10a. Adoption of Ordinance Amendinq Division 1, Chapter 2, Section 62 of the Ukiah City Code Reqardin.q Councilmembers' Salaries DRAFT June 7, 2000 Page 6 of 14 City Manager Horsley advised that at its May 17, 2000 meeting, the City Council introduced, by a 4/5 vote, an ordinance modifying the monthly salary for Councilmembers effective after the November 7, 2000 election. MIS Baldwin/Smith adopting Ordinance amending Division 1, Chapter 2, Section 62 of the Ukiah City Code regarding Councilmembers' salaries carried by the following roll Call vote: AYES: Councilmembers Smith, Libby, Baldwin, and Mayor Mastin. NOES: Councilmember Ashiku. ABSENT: None. ABSTAIN: None. UNFINISHED BUSINESS 10b. Discussion of City Council Meetinq Minutes Mayor Mastin advised that he asked to have this matter placed on the agenda after lengthy minutes were presented to Council for the April 5, 2000 meeting. He wanted to discuss the process for taking the minutes and for taking verbatim minutes, and if Council's decision in September 1999 is still adequate. Rather that put Council or the City Clerk in a position of editing minutes, or identifying which items should be verbatim, some form of verbatim minutes would be preferable to the current summary format. The public would also have the option of listening to the tape recordings. Councilmember Libby explained that we do not have verbatim minutes at every meeting and there has only been two occasions in which she requested that an issue be detailed during the past 1% years. She expressed concerned that we have detailed minutes when a Councilmember asks, and. that they be prepared in a timely manner. She felt she did this during both of her requests. City Clerk Ulvila stated that she submitted a Memo to Council tonight that explains the transcribing process for verbatim Minutes. The Memo also addresses the issue that she is designated to work 32 hours per week. She does not consider the position of City Clerk political and that the City Clerk's purpose is to remain impartial and fair on all matters and towards all individuals. Her position relies heavily on following procedures and policy authorized by the City Council. Last year the City Council authorized the Minutes to be transcribed in Summary Format. At that time, Council was also in agreement that changes/corrections to the Minutes be provided by a Councilmember in writing to the City Clerk at the meeting. When substantial changes are being requested, it is imperative that the City Clerk be provided with concise wording of the changes proposed. Since Council, as a whole, directed her to transcribe the Minutes in.Summary Format, she felt it only fair that they also provide her with direction when they feel a matter should be transcribed in more detail or verbatim. This direction should be made during the meeting and by a consensus of Council. This will not only allow all Councilmembers to voice their opinion on the matter, but will also provide her with adequate preparation for the task at hand. Preparation for transcribing minutes verbatim is quite different than Summary Format. Mayor Mastin noted that the public has the ability to come in at their leisure and listen to the tapes or have a copy of the tape prepared. Another option would be to have a court June 7, 2000 Page 7 of 1.4 reporter take verbatim minutes. Councilmember Libby discussed the two 'instances whereby she requested more detail of minutes be prepared concerning certain matters on the Agenda. Each time Council's response has been that they need to discuss hOw the minutes are going to .be dOne Councilmember Ashiku pointed out that it is important for the efficiency of the City Clerk's office, that a Councilmember state at the time of the meeting if they request'more detail of a particular segment of the minutes. In that way, it will be clearly stated for the record and the City Clerk will have appropriate direction from Council in order to prepare the minutes. Everything else can be in summary format. He addressed the fact that it is time consuming for the minutes to be revised.. Councilmember Libby discussed the circumstances surrounding her latest request for a portion of the minutes concerning Clara Avenue be in detail. It was noted that the City Clerk did not attend that meeting nor transcribe the minutes. She felt that she had asked in a timely manner to have the minutes more detailed, however, due to various circumstances, they were not prepared to her liking until the day of the next Council meeting. Councilmember Ashiku accepted Councilmember Libby's explanation concerning the circumstances surrounding the April minutes, however, he felt it is necessary to make the request at the time of the meeting. In that way, whoever transcribes the .minutes from the tape recording will be given direction. City Attorney Rapport advised that under the Government Code, the City Clerk has a statutory responsibility to prepare the minutes. No individual City Councilmember has the authority, under the state law, to direct the City Clerk in preparation of the minutes. By statute, the City Council, as a legislative body, is responsible for ensuring that the minutes are accurate. Normally, the City Clerk prepares a set of draft minutes and are presented to the City Council at the next meeting for approval. If any individual Councilmember wants those minutes modified, expanded, or corrected in any way, they make a motion to that affect. If the Council passes the motion, then the City Clerk is directed to make those corrections or changes to the minutes. Council can make these decisions on a case by case basis, so if any Councilmember on any occasion felt that one item should be recorded in more detail, or less detail, they coUld make that motion to the Council. If Council passes that motion, then the City Clerk would be required to make those corrections. Councilmember Smith addressed the legal aspects of the minutes, and inquired if Council adopted a policy whereby a Councilmember would be required to make their request for more detail or verbatim minutes during the meeting, would it be legally acceptable, as opposed to having Council vote on that suggestion? Mr. Rapport explained that, as a matter of policy, if Council wants to have it done that way at a public meeting, it would be a better practice than having it happen outside the meeting DRAFT June 7, 2000 Page 8 of 14 forum. He pointed out that an amendment to the Resolution establishing policies for conducting City Council meetings could be added to include minute preparation. Considerable discussion followed concerning the matter. City Manager Horsley and City Clerk Ulvila agreed that Councilmembers should make their request at the time of the meeting if they want portions of the minutes transcribed in more detail or verbatim. Councilmember Baldwin advised that he is flabbergasted that Council has spent so much time amending minutes about trivial reports. Any aware citizen that wants to know what is going on at a Council meeting, merely needs to find out Council's vote on matters. The issueshave been explained in the summary minutes submitted to Council and also in the Staff Reports to Council. Councilmember Ashiku concurred with Councilmember Baldwin's statements. City Clerk Ulvila noted that all information contained in the Council packet is sCanned into the City's optical imaging.system and is available to the public upon request. Mayor Mastin questioned Councilmember Libby concerning her statement on page two of her letter and asked her to identify the two people mentioned in her letter that are friends of the Mayor. Councilmember Libby identified the two people as Eric Larson and Judy Pruden, who have been very involved in the Clara Avenue issue and are both Planning CommisSioners. Mayor Mastin address the inappropriateness of Councilmember Libby's queStioning of Eric Larson at a previous meeting, noting that considering her tone, the manner, and the interrogation of Mr. Larson as inappropriate. .. Discussion continued relative to the matter of how the minutes should be transcribed and the direction to the .City Clerk. Procedural issues were discussed relative to Councilmembers directing the City Clerk in the preparation of the minutes. Judy Pruden, 304 South Hortense Avenue, advised that she is Chairman of the Mendocino County Historical RecOrds Commission and has worked with archival storage of all County records and a number of City's City Clerks. She has read most of the City Council's minutes and was of the opinion that.the City Clerk does an excellent job transcribing the minutes. Council has the responsibility to make sure the minutes are clear so that future generations will be able to understand what took place at. meetings. On occasion, she' had made arrangements to listen to the tape recOrdings. Council should listen to the City Clerk's requests in order to properly transcribe the minutes. She noted her disgust with the letter submitted by Councilmember Libby and included in the COuncil packet. She further discussed popular opinions in the community concerning DRAFT -- June 7j 2000 Page 9 of 14 Councilmember Libby and her husband. She advised that she has no financial interest or gain in seeing that the Wagonseller Neighborhood traffic calming program goes forward. She discussed the history of the Wagonseller Neighborhood organization over the years and their contributions to the community. 8:20 p.m.- Recessed. 8:30 p.m. - Reconvened Discussion followed concerning Council's direction to staff concerning a proposed amendment to the Resolution. Councilmember Ashiku expressed a need to clarify the amendment to the Resolution and that it be recorded verbatim in the minutes. "Ithink what was established tonight, ill recall correctly, is: 1 ) at the time of the meeting, or during the meeting, at the time of discussion, a Councilmember should, if possible, state that they want something recorded verbatim for the record. I think that was one of the essential ingredients. The other thing was that a Councilmember should submit their revisions to the Record for submission to the Council at that next meeting so that, when the minutes are being reviewed, so that they can be either approved and incorporated into the Record, or at that meeting they can make a request to have further detail provided by the Clerk. And I think that all other minutes to be done, performed in summary form. Does that fairly reflect what was discussed?" Councilmember Smith and Mayor Mastin concurred with Councilmember Ashiku's description of the proposed procedure. Councilmember Libby requested further clarification on the matter. Considerable discussion by Council concerning clarification of the procedure for requesting detail or verbatim minutes followed. Mayor Mastin summarized the consensus of Council is proposing that during the course of the meeting, if a Councilmember feels they would like a portion of the minutes to be in detail or verbatim, they need to state it for the record at that time. When the draft minutes are reviewed by Council at the next meeting, a Councilmember would have the opportunity to request that a portion of the minutes be in detail or verbatim. However the Council would have to approve that change on a-three filth's vote because they are approving the minutes at that time. City Manager Horsley advised that she would prepare an amendment to the Resolution for Council's review at the next meeting. NEW BUSINESS 11a Appeal of City Manaqer's Decision to Deny Taxi Cab Permit City Manager Horsley advised that Mr. Thomas C. Cash, aka Taxi Guy, has requested an appeal regarding his renewal for a Vehicle for Hire Permit, which was denied by first the Police Department and then on appeal to the City Manager. In April of this year he DRAFT June 7, 2000 Page 10 of 14 applied.to renew his permit but was subsequently denied the renewal due t°a conViction of a felony act. Ukiah City Code Section 2533.1 requires the denial of an application if the applicant has been convicted within five years of the date of application of a crime involving violence or the threatened use of'violence or dishonest. Mr. Cash had received his original Vehicle for Hire Permit in 1999 in error from the Police Department and upon this discovery the Department denied the renewal request. As noted in her Staff Report, the appeal with the City Manager was held on May 4, 2000. His application and conviction in 1996 were discussed at that meeting. The denial of the renewal would create a financial hardship for Mr. Cash and his attorney discussed'the issue of. Estoppel. She referred to her letter regarding the appeal and denial of the permit that is included in the Council packet in which the Estoppel issue is discussed. The City Attorney feels it is not a valid point in this matter. She denied the application to renew the permit, based mainly on the fact that members 'of the public rely on the permits issued by the City when they get into a taxi cab, and therefore, the public has the right to believe that the owner and driver of the cab have no convictions of violence, or threatened use of violence on their record. Whether or not a public official made a mistake, the public should not have to live with the consequences if public safety is in question.' Mr. Cash has requested an appeal in front of the City Council. Mr. Tom Cash advised that he has been operating a taxi business in Ukiah as the TaXi Guy for the past year. He explained the situation, as previously described by City Manager Horsley, concerning his license renewal and that he submitted all the apprOpriate forms to the City. He also has loans, totaling approximately $17,000, that were necessary to start his business. He did everything that the City told him to do and has been truthful about his conviction in 1996. He did not understand why he should bear the weight and financial hardship of the mistakes caused by the City's employees. Due to his disabilities, he is limited to the types of work he can perform. Police Chief Williams advised that Mr. Cash, upon submittal for his permit approval, did make everything known and confirmed previous statements made by Mr. Cash. The City Ordinance concerning the issuance of a Vehicle for Hire Permit is very clear and should have been caught at the time Mr. Cash submitted his request. However, there was failure on the part of the Police Department, not City staff that approved the Use Permit and Business License. He stated that he takes responsibility for the error and apologized to Mr. Cash. Mr. RaPport explained there is immunity cited in the Government Code for the City based on the issuance or failure to issue a permit that may or may not protect it from liability. There is a City ordinance that makes it mandatory that the City deny the permit if someone has this type of conviction within five years of an application. If there was an injury or damage that resulted from his conduct, then, conceivably the City could be held liable. The City Manager's decision expressed concern with public safety and public policy behind the ordinance that makes it mandatory. Discussion followed conceming the matter. It was noted the five-year period regarding the DRAFT June 7, 2000 Page 11 of 14 conviction would be up in the early part of the year 2001. Councilmember Baldwin was of the belief that there has been an injustice but the law does not allow Council authority to grant the permit. Mr. Rapport explained the concept of Estoppel. In reliance on that representation that Mr. Cash could lawfully operate a taxicab in the City, he purchased a cab and incurred financial obligations. It would be a hardship on him if he were now deprived of the permit that he was originally issued since the City clearly intended for him to believe that, when he was issued the permit, he was permitted to operate a cab. These are all elements of Estoppel that have been established. However, when you attempt to use the equitable principal against the government, there is a fifth element, that is, the courts will not enforce Estoppel if doing that would prevent the enforcement of an important public policy that is designed to protect the public. That is because the public official that made the mistake isn't the one who's punished in effect by enforcing the Estoppel, it's the general public. The courts won't do that because it doesn't cure the injustice because now the public is being subjected to an injustice by being deprived of the protection that law was adopted to provide. Sifting as the City Council, you have to be concerned not only by the injustice to Mr. Cash, but also the effect to the public interest. City Manager Horsley requested a brief recess to allow her to speak to the City Attorney in private concerning the matter. 9:00 p.m. - Recessed 9:03 p.m. - Reconvened. City Manager Horsley suggested an alternative for Council regarding this matter. If Council decides that they cannot approve the permit, they may consider making up the difference between the sale of the vehicle and what Mr. Cash owes for business purposes on the loan for the vehicle. The City would then pay the difference between that sale and the loan amount. Even though Mr. Cash may be denied operation of his business, he has incurred a financial burden for the business that he would find difficult to repay. MIS AshikulSmith Upholding the City Manager's decision to deny Taxi Cab Permit to Thomas C. Cash, dba Taxi Guy, and instructed the City Manager to consider the appellants loan and that the City be instructed to provide fair compensation for the differential of the loan amount versus the sale of the vehicle. Councilmember Baldwin inquired as to the percentage of the loan that is directly related to the vehicle. Mr. Cash explained that the loan for the car was approximately $9,100. He took out various loans to cover the cost of the car, liability insurance, and miscellaneous expenses for the business. He felt that Council's motion would help him a great deal with his financial obligations. He explained that dUring the past year he has paid off most of the loans. DRAFT June 7, 2000 Page 12 of 14 City Manager Horsley explained that there are some funds available and she would need to investigate the matter. Chief Williams requested that before a decision is made as to how Mr. Cash's financial obligations would be repaid, that he have an opportunity to speak with the manager of the bank regarding other options concerning payment. He felt the Police Department has some responsibility towards the matter. He apologized to Council for putting them in such a position. MIS AshikulSmith amending motion that it. include that it be a settlement that would drop any claims or future claims to the City or its employees. City Manager Horsley advised that she will come back for Council approval of the funds and at that time will recommend the source of the funds. Motion carried by the following roll call vote: AYES: Councilmembers Smith, Libby, Baldwin, ^shiku, and Mayor Mastin. NOES: None. ABSENT: None. ABSTAIN: None. 12. CITY COUNCIL REPORTS Councilmember Smith had nothing to report. Councilmember Libby reported attending an MCOG meeting and the 2000/2001 Work Program planning was approved. They adopted the TCP recommendations and are looking at $854,449 for the Work Program budget. Also approved was the budget for the Administration, Bicycle, Pedestrian, Planning, and Transit allocations. She noted that their budget is available for Council's review. Thirty-seven Call Boxes for the Safe Program have been delivered and should be in place by the end of October. She took an official tour of the Airport last week. Councilmember Baldwin had nothing to report. Councilmember Ashiku reported attending a LAFCO meeting last week. At issue was the Calpella County Water District annexing an area that is currently being served, and philosophical views about how these unserved areas came about. There was also concern that they had no regard for the LAFCO process, and whether the environmental document that was performed by the Calpella Water Agency was adequate. They had to extend the decision to another meeting. Mayor Mastin reported attending a Chamber of Commerce luncheon last week in which awards were given for Citizen and Business of the Year. He reported that MTA met in Anderson Valley last month and an item of business included their budget. On June 8, 2000, MTA will have a special closed session meeting concerning the Transit Center Depot property. DRAFT June 7, 2000 Page 13 of 14 He reported that he is a member of the Hate Crimes and they are moving forward on a process for dealing with hate crimes in the greater Ukiah area. They will have a public meeting once they get all their elements together and plan to have a community meeting in August or September. He advised that several months ago he made the decision to not run for Mayor in the November election. He distributed a Press Release that will be sent out tomorrow formally announcing that he will not seek reelection. He noted that nothing discussed at the present meeting had any bearing on his decision. 13. CITY MANAGER/DIRECTOR REPORTS City Manager Horsley reported that Council was notified that Randy Pool, General Manager' of the Sonoma County Water Agency, would be speaking to the Engineering Contractors Association on June 21,2000 in Santa Rosa. Any Councilmembers wanting to attend should contact her. City Clerk Ulvila had nothing to report. Councilmember Libby noted that because of the shortfall in MTA's budget due to insurance and gasoline, Phil Dow seemed very sure that funds for these items be available to cover the deficit of MTA. She referred to MCOG's budget and noted they asked to take the funds out of their Capital Reserve fund. Councilmember Ashiku requested that verbatim minutes be prepared for the portion of the minutes concerning the dialogue exchanged between Councilmember Libby and himself for item 1 lb, Feather Lite's Airport Lease Agreement. City Attorney Rapport reported that he would not be at the next Council meeting. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business, the City Council meeting was adjourned at 9:24 p.m. Marie Ulvila, City Clerk DRAFT June 7, 2000 Page 14 of 14 ITEM NO.: 6a DATE: JUNE 21, 2000 AGENDA SUMMARY REPORT SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MAY 2000 Payments made during the month of May, 2000, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 23540-23728, 23832-24055 Accounts Payable Manual check numbers: 20570-20572 Payroll check numbers: 23436-23539, 23729-23831 Void check numbers: None This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. RECOMMENDED ACTION: Approve the Report of Disbursements for the month of May, 2000. ALTERNATIVE COUNCIL POLICY OPTIONS: N/A Citizen Advised: N/A Requested by: Candace Horsley, City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist Coordinated with: Gordon Elton, Director of Finance and Candace Horsley, City Manager Attachments: Report of Disbursements Candace Horsley, City~~.anager KRS: WORD/AGENDAMAY0 0 CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MAY 2000 Demand Payments approved: Check No. 23540-23621, 23622-23728, 23832-23947, 23948-24055, 20570-20572 FUNDS: 100 General Fund $121,746.84 660 131 Equipment Reserve Fund $85.78 661 142 National Science Foundation $1,687.00 665 143 N.E.H.1. Museum Grant $612.52 670 150 Civic Center Fund 675 200 Asset Seizure Fund 678 203 H&S Education 11489(B)(2)(A1 $57.55 679 205 Sup Law Enforce Srv. Fd (SLESF) 695 206 Community Oriented Policing $2,787.16 696 207 Local Law Enforce. BIk Grant 697 220 Parking Dist. #10per & Maint $434.43 698 250 Special Revenue Fund $2,297.83 800 260 Downtown Business Improvement 801 300 Gas Tax Fund (2106) 805 301 Gas Tax Fund (2107) 806 332 Federal Emerg. Shelter Grant $8,852.95 820 333 Comm. Development Block Grant $7.16 900 334 EDBG 94-333 Revolving Fund 910 410 Conference Center Fund $6,037.46 920 550 Lake Mendocino Bond $1,320,147.68 940 555 Lake Mendocino Bond Reserve ($43,464.00) 950 575 Garage $1,123.44 960 600 Airport $29,180.56 962 612 City/District Sewer $84,620.81 965 640 San Dist Revolving Fund 966 Sanitary Disposal Site Fund Sanitary Disposal Replace Refuse/Debris Control U.S.W. Billing & Collections Contracted Dispatch Services Public Safety Dispatch MESA (Mendo Emerg Srv Auth) Golf Warehouse/Stores Billing Enterprise Fund Fixed Asset Fund Electric Electric Revenue Fund Street Lighting Fund Public Benefits Charges Water Special Deposit Trust Worker's Comp. Fund Liability Fund Payroll Posting Fund General Service (Accts Recv) Community Redev. Agency Redevelopment Housing Fund Redevelopment Cap Imprv. Fund Redevelopment Debt Svc. PAYROLL CHECK NUMBERS 23436-23538 DIRECT DEPOSIT NUMBERS 7608-7712 PAYROLL PERIOD 4/16/00-4/29/00 PAYROLL CHECK NUMBERS 23539, 23729-23831 DIRECT DEPOSIT NUMBERS 7713-7817 PAYROLL PERIOD 4/30/00-5/13/00 TOTAL DEMAND PAYMENTS TOTAL PAYROLL VENDOR CHECKS TOTAL PAYROLL CHECKS TOTAL DIRECT DEPOSIT TOTAL PAYMENTS VOID CHECK NUMBERS: None $61,324.99 $4,908.18 $521.64 $6,575.85 $39,152.61 $2,703.64 $4,952.07 $6,984.68 $481,175.61 $12,240.29 $46,337.90 $15,580.49 $84,239.18 $6,834.38 $168.24 $186,780.00 $2,496,694.92 $70,819.07 $145,103.01 $229,430.19 $2,942,047.19 CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. 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Z J 0 n L.~J~ n ~ ZZ W ~D ~Z ~ JJ~ ~ ~ W J~ ~ZO ~ ~ JZZZZ w ~ ~ ~0 w~ ~0 IF D F (~ ~0000 O~ 0 J~ J~ JJJ ~o Z~ ~ ~ J~~ D~ O~ ~0 ~ ~ ZX ~ PWO W~ UJJJJ ~ ~ ~ ~ ~ ZHF (UUU(W FJJ ~ O~ ~ ~: JJJJ I~ I~ IZ I~ I}} WOO 04 O4 C',J (NJ (NJ 04 C',,J O4 O O O O O O OO O O O O O O OO O", C',J OO Oh O'~ CO00 r'.-. f~. i",,~ r.,,.. 04 c'q 0d o,,,I ¢O co cOcO o CD OO Z Z ~ Ld OO Ld O ~ Cf} O 0 Ld O0 O0 ~ o 0'~ O'~ t'-'4 r~l ~ t-4 t~l ~ t-'-I ~.~1 O O O O O O OO 0 ~__1, o 0 o r,_) o < ~ o o o o r--,. oo o o o o o oo o o o o o oo o o c; ~ cC ,-;,4 0 . . 04 OD LO (NJ ~--t 0 O0 · . o 0,j o LO 0 0 0 ~ 0 C~ 0 0 I'--. r~. Ld Cf) ~f) Ld ~-4 W Z ~ ~ ~ 0 ~ ~ ~ ~ ~ ~ z ~ z z ~O ~ ~ ~ ~ ~ w ~O ~ ~ ~ ~ ~ ~ zz~ ~ ~ ~ O z ~ ~ ~O ~ ~ z z ~ ~O ~ ~z z w w O > ~ ~z f U . U o % 0 U U I~ o z ~o 0 ~ · o ~ <~ z I-- >- 0 0 <~ b.J ~.--~ I--- r, c::) Z~- o ,,~r, I.-- c/')o z ~.-.4 I-- c',4 rY 0 Z~. 0O4 U% AGENDA SUMMARY ITEM NO. 6b DATE: June 21, 2000 REPORT SUBJECT: NOTIFICATION TO THE CITY COUNCIL REGARDING THE PURCHASE AND INSTALLATION OF A 48" EXHAUST FAN FOR THE FIRE DEPARTMENT APPARATUS BAY IN THE AMOUNT OF $6,510.05. SUMMARY: Included in the 1999/2000 Budget was a project, re-budgeted from 1998/1999, to provide for the removal of vehicle exhaust for the six vehicles parked on the North side of the Fire Department Apparatus Bay. The original budget amount was $3,000. Bids were accepted with only one firm responding with a proposal of $6,510.05. A Purchase Order was issued to Roberts Service and Construction, in the amount of $6,510.05, for all material and labor to install a 48" exhaust fan in the North concrete block wall of the Fire Department Apparatus Bay. Since this project is over budget, the necessary funds were transferred within the Fire Department budget to Account Number 100.2101.800.000 to fund this project. This Agenda Summary Report serves as notice to the City Council of this action. RECOMMENDED ACTION: Receive and file report regarding the purchase and installation of a 48" exhaust fan for the Fire Department Apparatus Bay in the amount of $6,510.05. ALTERNATIVE COUNCIL POLICY OPTION: N/A Citizen Advised: N/A Requested by: Fire Department Prepared by: Dan Grebil, Interim Fire Chief Officer Coordinated with: Candace Horsley, City Manager and Dean Hutton, Acting Fire Chief Attachments: Vendor Proposal Candace Horsley, (~W Manager Page No. 1 of 1 SANTA ROSA BRANCil 4649 Dowdell Avenue Santa Rosa, CA 95407 (707) 584-5880 Roberts Mechanical & Electrical Inc., d.b.a. ROBERTS SERVICE & CONSTRUCTION "Service is Our Business' CONTRACTORS LICENSE NO. 556014 Pages UKIAH BRANCH 189 Wabash Avenue Ukiah, CA 95482 (707) 462-3290 PROPOSAL SUBMI]-FED TO City of Ukiah STREET 300 Seminary Ave. CITY, STATE and ZIP CODE Ukiah, CA 95482 ARCHITECT DATE OF PLANS PHONE 463-6274 DATE 5/8/00 JOB NAME Exhaust Fan Installation JOB LOCATION Fire Department Appartus Room lJOB PHONE We hereby submit specifications and estimates for: .... ............................. .... .W.. a_ ~. !....... 0...f.........F..,~...r..e.........? ..e...P.....a..~...t.. ~...e...~. ~......_A....p...p ..a....r.. a....t-..u....s.........R....0...o.._m...,-. ............. ._P. ~.~.?.~...... J:. _~..c..!..u... ~..e.,..s.........c_ ?.!..,]:._a ~..f ...... .,m......o...~....o...r...._.s...~...d.~ ........................ _.g..?.:.d.., ....... ....... ....... .................................................................................... Unit rating is 19,000 CFM at 0.125 SP. Installation includes two 15-minute mechanical, no-hold, spring wound timers to be located on east and west walls. Control wiring to be 24 volt. All necessary transformers, contactors and controls to be installed into a on east wall. opening, line and control wiring, debris removal, start-up and adjustment. .... ................... wall strength is sufficient to preclude extra bracing after hole is cut. See the attached notice of cancellation form for an explanation of this right." ~r ~rapasr hereby to furnish material and labor -- complete in accordance with above specifications, for the'S~m of: Six Thousand Five Hundred Ten and 05/100 d011ars($6,510-05 ). Paymenl to be made as follows: Upon corapletion and billing. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon writlen orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Acceptance o[ roposal - specifications and conditions are satisfactory and are hereby accepted. You are authorized II t o do the work as specified. Payment will be made as outlined above. Date 0f Acceptance: Authorize~.~.~,~, Signatur~---~-"' ~v - -- Note: This proposal may be withdrawn by us if not accepted within Signature Signature AGENDA SUMMARY ITEM NO. 6c DATE: June 21,2000 REPORT SUBJECT: AWARD BID FOR IN-CAR VIDEO SYSTEMS FOR POLICE PATROL VEHICLES TO MOBILE VISION, INC. IN THE AMOUNT OF $29,992.46 AND AUTHORIZE THE IN-CAR VIDEO SYSTEMS PROJECT SUMMARY: Over the last two years the Ukiah Police Department has presented to Council, Notification Of Award, for a number of Federal and State Block Grants. These grants were designated for the purchase of technology improvements in the area of Public Safety. The Ukiah Police Department had originally set these funds aside for the eventual purchase of mobile computer terminals for our patrol cars. Ukiah Police Department later reviewed its funding plans and needs and reported to the Council during the latest budget goal session that it wished to acquire in-car video systems for seven of the marked patrol cars. These cameras will provide a video and audio record of police activities within the range of the camera and audio recording system. The video/audio record will provide or assist in the following areas: o . 4. 5. 6. 7. Indisputable record of encounters involving officers and citizens. Enhanced prosecution of DUI, drug interdiction, traffic violations and other offenses. Reduction of court appearances, saving overtime costs. Improvement of level of professionalism. Reduction of complaints and improvement of community relations. Excellent training and self-motivational tools. Video and audio notebook to enhance memory when writing criminal reports. For this purchase, the Ukiah Police Department developed a selection committee and arranged demonstrations of various in-car video systems. In addition, the committee arranged for demonstrations from other local departments already using these systems. From this research, the Committee developed bid specifications and produced a Request for Proposals (RFP) for eight vendors. Continued Page 2. RECOMMENDED ACTIONS: 1. Award bid to Mobile Vision Inc. of Boonton, NJ, in-car video system in the amount of $29,992.46. 2) Approve Video In-Car Camera Project, for an estimated cost of $40,200.00 with expenditure of grant funds from accounts 205-2001-800-000 and 207-2001-800-000. ALTERNATIVE COUNCIL POLICY OPTION: Reject all bids and provide staff with direction for alternative action. Citizen Advised: N/A Requested by: Public Safety Departments - Police, Fire and Dispatch Prepared by: Dan Walker- Police Captain / Operations Commander Coordinated with: Candace Horsley, City Manager and John Williams, Police Chief Attachments: 1. Proposed Project Budget, 2. Opening Bid Analysis Candace Horsley, Cit~Manager AGENDA SUMMARY REPORT Page 2 The Department obtained bids from four vendors specializing in police video equipment: Galls Inc. of Lexington, KY, $37,162.05, Mobile Vision Inc. of Boonton, NJ, $29,992.46, Video Systems Plus of Bryan, TX, $27,552.53, and Masterson Communications Inc. of Ukiah, CA $37,577.89. Of the four vendors who returned bids, Mobile Vision Inc., was the only vendor to meet all specifications in the RFP and provided the second overall lowest bid. The lowest bidder, Video Systems Plus, did not meet all of the RFP specifications, and research showed it has no Police contracts in the western United States, putting serviceability into question. Mobile Vision Inc. has over 12,000 systems installed with more than 1,500 law enforcement agencies across the United States, the closest in Sonoma County. Based upon the recommendations of the selection committee and the inability of the lowest bidder to meet the minimum RFP specifications, it is recommended the bid be awarded to Mobile Vision Inc., of Boonton, NJ, for the amount of $29,992.46. In addition to the purchase of the actual in-car cameras, the Ukiah Police Department plans to solicit competitive bids for the professional installation of the purchased units, and purchase the in-house video equipment, video tapes, and storage units for the project. A proposed project budget with a total project cost of $40,200.00 is Attachment 2 to this summary report. In order to make use of all of the grant funds as prescribed by grant funding time-lines, the Ukiah Police Department plans to spend $13,712.46 from Federal Block Grant ¢98-LBVX- 3087 (Fund Account ¢207-2001-800-000), $19,299 from Federal Block Grant ¢2000-LBVX- 0391 (Fund Account ¢207-2001-800-000), and $7,188.54 from the State of California, Supplemental Law Enforcement Grant (Fund Account ¢205-2001-800-000). Though these expenditure amounts are in the approved 1999/2000 Budget, Council authorization of the specific purchase program is required. Thus, staff requests the Council authorize the In-Car Video System Project. IN-CAR VIDEO SYSTEMS PROJECT Proposed Budget 7 Cameras for Patrol Cars $30,000.00 7 Cooling Systems $ 1,100.00 Installation $ 2,000.00 1000 Video Tapes $ 2,750.00 Video Tape Cabinets $ 300.00 Microphones $ 625.00 Batteries $ 1,600.00 Duty Belt Carriers $ 425.00 Spare Transmitters $ 400.00 Video Copy Machine $ 1,000.00 Estimated Total Project Costs: $40,200.00 CITY OF UKIAH 300 SEMINARY AVENUE UKIAH, CA 95482-5400 (707) 463-6217 (City Clerk's Office) BID OPENING FOR: DATE: 5~26~2000 TIME: 2:00 P.M. IN-CAR VIDEO SYSTEMS FOR PATROL CARS COMPANY AMOUNT . LC ACTION POLICE SUPPLY 1088 NORTH FIRST STREET SAN JOSE, CA 95112-4922 NO BID . TUXALL UNIFORM & EQUIPMENT CO. 1795 EAST 66TM AVENUE DENVER, CO 80229 NO BID . GALLS INC. 2680 PALUMBO DRIVE LEXINGTON, KY 40509 . MOBILE VISION INC. 90 FANNY ROAD BOONTON, NJ 07005 o , VIDEO SYSTEMS PLUS 3723 E. 29TM STREET BRYAN, TX 77802-3902 ALL STATE POLICE EQUIPMENT P. O. BOX 4O CLAREMONT, CA 91711 . SKAGGS COMPANIES, INC. 3828 SOUTH MAIN SALT LAKE CITY, UT 84115 MASTERSON COMMUNICATIONS, INC. 2081 WELLMAR DRIVE UKIAH, CA 95482 Marie Ulvila, City Clerk bids:PDviceo 6d ]~tcm No. Date: June 21,2000 AGENDA SUMMARY REPORT SUBJECT: Authorize Mayor to execute contract for the disposal of transformers and miscellaneous contaminated items to Transformer Disposal Specialist, Inc., in the amount of $7,067.00. REPORT: Requests for Quotation (RFQ) for the pick up, transportation and disposal of nineteen (19) transformers, seventeen (17) 55-gallon drums containing oil~water~rags~etc., one (1) fuse device in pieces, and various pumps, tarps, cable, and miscellaneous spill clean up supplies were mailed to six (6) companies. Bids were received from four (4) companies; one (1) declined to bid and one (1)is no longer in business. Low bidder is Transformer Disposal Specialist Inc. (T.D.S.), with a bid of $7,067.00. Two referral calls were made to other utilities and confirmed above satisfactory service was received from their dealings with T. D. S. Inc. This activity is budgeted in account 800.3642.250. RECOMMENDED ACTION: Authorize Mayor to execute contract for the disposal of transformers and miscellaneous contaminated items to Transformer Disposal Specialist, Inc., in the amount of $7,067.00. ALTERNATIVE COUNCIL POLICY OPTIONS: Reject all bids and direct staff to re-advertise and re-solicit bids. Citizen Advised: N/A Requested by: Stan Bartolomei, Electric Operations Supervisor Prepared by: Jill Scott Coordinated with: Candace Horsley, City Manager Attachment: Bid Tabulation APPROVED:~.__(~_, ~r~'~~..~ Candace Horsley, Cit~Manager BID TABULATION Transformer Disposal- May 26, 2000 COMPANY Safety -Kleen Solomon Corporation Trans-Cycle Industries, Inc. Transformer Disposal Specialists Inc. BID AMOUNT $16,395.00 $10,033.00 $ 8,995.00 $ 7,067.00 6e ITEM NO. DATE: June 21, 2000 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION TO COUNCIL REGARDING THE AWARD OF BID FOR THm EMERGENCY REPAIR OF THE DIGGER DERRICK LINE TRUCK TO PACIFIC UTILITY EQUIPMENT COMPANY FOR THE ESTIMATED AMOUNT OF $37,599.00. The Electric Department requested quotations from Pacific Utility Equipment Company and Altec Industries, Inc. for the emergency repair of the 1987 Digger Derrick line truck due to the failure of a rotation gear box at the turret base. Pacific Utility Equipment Company was the only one to respond to the request. It has been recommended to do a complete overhaul at a cost of $37,599.00 which will bring the truck up to current OSHA standards and extend the life of the Digger Derrick ten years. The cost of a new vehicle would be approximately $140,000.00. The Electric Department decided to make the necessary repairs and issued a purchase order to Pacific Utility Equipment Company for $37,599.00. Sufficient funds are available in account number 800.3765.303.000. RECOMMENDED ACTION: Receive and file report regarding the award of bid to Pacific Utility Equipment Company in the amount of $37,599.00. ALTERNATIVE COUNCIL 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 Ca~ce Horsley, C~ty Manager 6f ITEM NO. AGENDA SUMMARY DATE: June 21, 2000 REPORT SUBJECT: AUTHORIZE EXECUTION OF AMENDMENT NO. 2 TO THE SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES FOR RINO PACIFIC, INC. SUMMARY: On July 1, 1998, the City Council awarded a contract to Rino Pacific, Inc. for purchase of fuel for City vehicles through a fuel card lock system. The City has been pleased with Rino Pacific's performance under this agreement. The terms of the original agreement, amended by Amendment No. 1, provide for compensation through June 30, 2000. This second amendment would extend the agreement for a period of two years at the same terms identified in the original agreement and amendment number one. Funds have been requested in the FY 2000/2001 budget to cover expenses for all City Departments utilizing Rino Pacific for fuel services. Joy Williams, Rino Pacific, has verbally agreed to the terms of the second amendment. Due to the timing of the preparation of this report, a signed copy of the amendment is not available. RECOMMENDED ACTION: Authorize execution of Amendment No. 2 to the Agreement for Fuel Card Lock Services for Rino Pacific, Inc. ALTERNATIVE COUNCIL POLICY OPTIONS: Not authorize execution of the Amendment and direct staff to seek proposals from other fuel vendors for fuel purchase. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Amendment No. 2 to the Agreement 2. Amendment No. 1 3. Service Agreement for Fuel Card Lock Services APPROVED: t-(~' Candace Horsley, Cit~Manager R JO: AGRinoPacAmend2 CITY OF UKIAH AMENDMENT NO. 2 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 1, 1998 TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Fuel Card Lock Services dated July 1, 1998 and Amendment No. 1 dated May 6, 1999 shall remain in force and effect through June 30, 2002, except as modified by this second amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Scope of Services and Basis for Compensation identified in Amendment No. 1. RINO PACIFIC, INC. CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 2 to Service Agreement for Fuel Card Lock Services CITY OF UKIAFI AMENDMENT NO. 1 TO SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES DATED JULY 1, 1998 TERMS AND CONDITIONS All terms and conditions of the Service Agreement for Fuel Card Lock Services Dated July 1, 1998 shall remain in force and effect through June 30, 2000, except as modified by this amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under "Scope-of-Services" of the original service agreement, in accordance with the revised Scope of Services and Basis for Compensation. 2.1 Service Provider shall distribute vehicle cards and driver cards to City for use in ptirchasing fuel through a card lock system located on Service Provider's premises. Card lock system is defined as a fueling facility which dispenses and records quantities of unleaded plus, regular unleaded, and diesel fuel activated automatically upon use of properly encoded optical cards. Service Provider shall provide accurate billings which include the following items as a minimum: vehicle number, employee identification number, date and time of fueling, quantity and type of fuel purchased, odometer reading (entered in by driver) of vehicle fueled, and vehicle fund/department number. The Service Provider shall provide a billing format suitable to the City. in order to verify fuel prices, Service Provider shall provide a price verification report with a breakdown of costs whenever requested by the City. 4.1 Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated at the discounted street price per gallon per respective fuel less taxes and/or fees which are not applicable to the City. The City shall only be liable to pay applicable taxes and fees. In order to verify fuel prices, Service Provider shall provide a price verification repeal with a breakdown of costs whenever requested by the City. Throughout the life of this Agreement the Service Provider shall honor a discount of $0.07 per gallon for' unleaded plus gasoline (89 octane); $0.07 per gallon for unleaded regular gasoline (87 octane); and $0.07 per gallon for clear diesel fuel. Amefldmenl No I to Service Agreement for Fuel Card Lock Services Page 1 el 2 J RINO PACIFIC, INC. CITY OF UKIAH BY: / ,/,., ._~ ~ CANDACE HORSLEY PRINT NAME:/'~"~'J~,0 y/ /,/2,o ~ ,5'~ City Manager DATE DATE Amendment No. 1 to Service Agreement for Fuel Card Lock Services Page 2 of 2 #zP. 2._ SERVICE AGREEMENT FOR FUEL CARD LOCK SERVICES This Agreement, made and entered into this ./~day of ~ , 1998, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referr~o~ to a~[7~ity'' and RINO PACIFIC, INC., a California Corporation, hereinafter referred [o as "Service Provider". RECITALS This Agreement is predicated on the following facts: a. City requires services which will involve the purchase of fuel through a card lock system. b. Service Provider represents that it has the qualifications, skills, experience, and facilities to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Service Provider agree upon the Scope-of-Services as specified in Paragraph 2.0 of this Agreement. 1.0 1.1 2.0 2.1 TERMS OF SERVICE AGREEMENT DESCRIPTION OF SERVICE The fuel vendor shall sell fuel products to City through a fuel card lock system beginning with the execution date of this Agreement and ending June 30, 2000. SCOPE-OF-SERVICES Service Provider shall distribute vehicle cards and driver cards to City for use in purchasing fuel through a card lock system located on Service Provider's premises. Card lock system is defined as a fueling facility which dispenses and records quantities of unleaded plus, regular unleaded, and diesel fuel activated automatically upon use of properly encoded optical cards. Service Provider shall provide accurate billings which include the following items as a minimum: Agreement for Fuel Card Lock Page I of 5 2,2. 3.0 3.1 4.0 4.1 4.2 4.3 vehicle number, employee identification number, date and time of fueling, quantity and type of fuel purchased, odometer reading (entered in by driver) of vehicle fueled, and vehicle fund/department number. The Service Provider shall provide a billing format suitable to the City. In order to verify fuel prices, Service Provider shall submit copies of their Inter-Company Transfer Prices (based on Computer Petroleum Corporation and Oil Price Information Service pricing) which indicates the base fuel price used to compute fuel rates during the billing period. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Service Provider. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Hours of Service. Service Provider shall provide 24-hour access to fuel card lock facilities. COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated at the discounted street price per gallon per respective fuel less taxes and/or fees which are not applicable to the City. The City shall only be liable to pay applicable taxes and fees. Service Provider shall submit copies of the Inter-Company Transfer Prices with each billing to enable the City to verify pricing. Throughout the life of this Agreement the Service Provider shall honor a discount of $0.07 per gallon for unleaded plus gasoline (89 octane); $0.07 per gallon for unleaded regular gasoline (87 octane); and $0.07 per gallon for clear diesel fuel. Changes. Should changes in compensation be required because of changes to the Scope-of-Services of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope-of-Work" means different activities than those described in Paragraph 2.0 and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-Service Provider Performance. The Service Provider shall not use sub- service providers or other service firms to perform a portion of the work of this Agreement without written authorization from the City. Agreement for Fuel Card Lock Page 2 of $ 4.4 Terms of Payment. Payment to Service Provider for services and product rendered in accordance with this contract shall be based upon submission of semi-monthly invoices for the service satisfactorily performed and product provided prior to the date of invoice less any amount already paid to Service Provider, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation in accordance with Section 2.0 herein. Payment shall be made to Service Provider within 10-15 days from receipt of invoice. City may be held responsible to pay interest on any delinquent payments for invoices that are over 30 days past due. 5.0 ASSURANCES OF SERVICE PROVIDER 5.1 Independent Contractor. Service Provider is an independent contractor and is solely responsible for its acts or omissions. Service Provider (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. 6.0 CONTRACT PROVISIONS 6.1 Governing Law. Service Provider shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. 6.2 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments, and the terms and conditions outlined on the Rino Pacific Application set forth the entire understanding between the parties. 6.3 Severabilit¥. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 6.4 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 6.5 Assignment. Service Provider's services are considered unique and personal. Service Provider shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Agreement for Fuel Card Lock Page 3 of 5 6.6 6.7 6.8 7.0 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Service Provider for services provided under this Agreement; or 3) City has abandoned and does not wish to continue with the service for which Service Provider was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Service Provider. City shall pay the Service Provider only for services performed and expenses incurred as of the effective termination date. Service Provider shall be entitled to receive just and equitable compensation for any service and product provided hereunder, subject to off- set for any direct or consequential damages City may incur as a result of Service Provider's breach of contract. Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 RINO PACIFIC, INC. POST OFFICE BOX 328 WILSONVILLE, OREGON 97070-0328 Agreement for Fuel Card Lock Page 4 of ~5 8.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written' CITY OF UKIAH CANDACE HORSLEY CITY MANAGER RINO PACIFIC, INC. PRI~'T NAME: ATTEST: MARIE ULVILA CITY CLERK APPROVED AS TO FORM: DAVID ' RINOPAC Agrecmcn! for Fuel Card Lock Page 5 of 5 AGENDA SUMMARY .6g ITEM NO. DATE: June 21, 2000 REPORT SUBJECT: AUTHORIZE SOLE SOURCE PROCUREMENT BY EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT WITH EBA WASTECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $25,744 FOR SUBSURFACE INVESTIGATION AT THE CORPORATION YARD SUMMARY: In December 1998, staff submitted a Soil and Groundwater Investigation report prepared by EBA Wastechnologies to the North Coast Regional Water Quality Control Board (NCRWQCB). By letter dated May 3, 2000, (Attachment 2) the NCRWQCB directed the City to submit a work plan by July 17, 2000 which delineates the vertical and horizontal extent of soil and groundwater contamination at the Corporation Yard. Due to the short time frame required to prepare and submit the requested work plan, staff obtained a cost estimate for completion of the work plan and related subsurface investigation from EBA Wastechnologies (Attachment 3). EBA has confirmed that they will complete the required work plan by July 17, 2000. The City has been pleased with EBA's performance on past work related to the subsurface investigation. EBA has proven that they can complete required work products within established deadlines. RECOMMENDED ACTION: Authorize Sole Source Procurement by Execution of Amendment No. 3 to the Agreement with EBA Wastechnologies in an Amount Not to Exceed $25,744 for Subsurface Investigation at the Corporation Yard. ALTERNATIVE COUNCIL POLICY OPTIONS: Direct staff to seek proposals from other firms and report back to Council. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works Z~).J ~ Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Amendment No. 3 to the Agreement 2. Letter from NCRWQCB 3. Cost Estimates from EBA Wastechnologies 4. Agreement for Professional Consulting Services 5. Fiscal Year 1999 / 2000 budget sheet Candace Horsley, City I~nager RJS: AgebaProfSvcs3 CITY OF UKIAH AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES DATED AUGUST 26, 1998 TERMS AND CONDITIONS All terms and conditions of the Agreement for Professional Consulting Services dated August 26, 1998; the Amendment dated December 15, 1998; and the Second Amendment dated May 5, 1999 shall remain in force and effect except as modified by this third amendment. AUTHORIZATION Upon execution of this amendment, service provider is authorized to provide the service described under the Scope of Additional Work identified in this Amendment No. 3. SCOPE OF ADDITIONAL WORK Work authorized by this amendment shall include that work described in the May 3, 2000 letter from the California Regional Water Quality Control Board and described in the letters from EBA Wastechnologies dated May 24, 2000 and June 2, 2000. Copies of said letters are included in this third amendment. COMPENSATION Compensation for the performance of the additional work shall be made on a time and expense basis at Consultant's customary fees. Expenses shall not exceed a maximum total cost of $25,743.60. EBA WASTECHNOLOGIES CITY OF UKIAH BY: BY: PRINT NAME: TITLE: CANDACE HORSLEY City Manager DATE DATE Amendment No. 3 to Agreement for Professional Consulting Services Winston H. Hickox Secretary for Environmental Protection California Regional Water Quality Control Board North Coast Region William A. Hoy, Chairman Intemet Address: http://www.swrcb.ca, gov/-rwqcbl/ 5550 Skylane Boulevard, Suite A, Santa Rosa, Califomia 95403 Phone (707) 576-2220 FAX (707) 523-0135 Gray Davis Governor May 3, 2000 Rick Kennedy City of Ukiah Department of Public Works 300 Seminary Drive Ukiah, CA 95482 CITY OF UKIAH DEPT. OF PUBLIC WORKS Dear Mr. Kennedy: Subject: Ukiah, City Corporation Yard, 1320 Airport Road, Ukiah, California Case No. 1TMC201 The "Soil and Groundwater Investigation" report prepared by EBA Wastechnologies dated November 30, 1998, and the files for the subjected site were reviewed by the North Coast Regional Water Quality Control Board (NCRWQCB) staff. The NCRWQCB staff concurs with EBA Wastechnologies recommendation to further delineate the vertical and horizontal extent of soil and groundwater contamination at the site. A work plan signed by a California Registered Geologist or Professional Civil Engineer that describes the proposed investigation should be submitted to this office by July 17, 2000. The work plan should include a complete characterization of the stockpiled soil removed during the excavation in July of 1997. I look forward to working with you on this project and I am available to meet with you to discuss any related problem. If you wish to set up an appointment or if you have any questions please feel free to call me at (707) 576-2220. Sincerely, Jennifer Caughey " Intern Environmental Specialist JAC:tmk\diw-citycorpyard.doc cc: Wayne Briley, Mendocino County Health Department, 501 Low Gap Road, Room 1326, Ukiah, CA 95482 Mrs. Christine Scheib, EBA Wastechnologies, 825 Sonoma Avenue, Santa Rosa, CA 95404 California Environmental Protection Agency Recycled Paper WAST£ HNO OGI£S May 24, 2000 CITY OF UKIAH DEPT. OF PUBLIC WORKS Mr. Rick Seanor City of Ukiah Department of Public Works 300 Seminary Drive Ukiah, CA 95482 RE: COST ESTIMATE FOR SUBSURFACE INVESTIGATION City of Ukiah Corporation Yard- 1320 Airport Road, Ukiah, California EBA Job No. 98-621 Dear Mr. Seanor: EBA Wastechnologies (EBA) is pleased to present this cost estimate for a subsurface investiga- tion at the above mentioned site. The scope of work for this cost estimate includes preparation of a subsurface investigation work plan, installation of three new monitoring wells, the collection and analysis of soil and groundwater samples, preparation of a report of findings, and the implementation of a quarterly groundwater monitoring program for all on-site wells with subsequent reports. Please note that drumming of soil cuttings and rinsate from monitoring well installation is included in the price for the subcontractor. Disposal costs for the soil cuttings and rinsate water will be determined upon receipt of laboratory analytical results. This scope of work will be implemented upon review and approval of this cost estimate by the City of Ukiah Department of Public Works. If you have any questions or comments about this cost estimate, please feel free to contact this office at (707) 544-0784. Sincerely, EBA WASTECHNOLOGIES EriN Phenix Environmental Technician EP/mc Attachment cc: Christine Scheib \\UNX2\LDRIVE\cnv\ust\621 ukiah\WP cover leter.doc 825 Sonoma Avenue, Suite C Santa Rosa, CaLifornia 95404 (707) 544-0784 225 W. Hospitality Lane, Suite 200 San Bernardino, CA 92408 (909) 890-0432 www. ebawaste.com e-mail: info@ebawaste.com FAX (707) 544-0866 FAX (909) 890-0422 AST£CHNO OGI£$ Engineers & Environmental Consultants June, 2000 Mr. Rick Seanor City of Ukiah Department of Public Works 300 Semina~, Drive Ukiah, CA 95482 CITY OF UKIAH DEPT. OF PUBLIC WORKS COST ESTIMATE ADDENDUM FOR SUBSURFACE INWESTIGATION Ci~ of Ukiah CorPoration Yard - 1'320 Airport Road, Ukiah, Caliiornia EBA Job No. 98-621 Dear Mr. Seanor: Please find enclosed an Addendum to the Cost Estimate for a subsurface investigation at the Ukiah CiD' Corps Yard dated May 16, 2000. This Cost Estimate Addendum reflects the additional expense of collecting soil samples from a soil stockpile generated by an Underground Storage Tank (UST) excavation in 1997. This additional scope of work was directed by the California Regional Water Quali .ty Control Board in a letter dated April 28. 2000. Soil samples will be taken from/'our representative locations in the soil stockpile. Samples will be caped, labeled and submi~ed to a California State Certified Laboratory. Once in the lab, the four soil samples will be combined into one satnple which will be analyzed for Total Petroleum Hydrocarbons (TPH) as gasoline, TPH as diesel, TPH as motor oil. the constituents benzene. toluene, ethylbenzene, and xylenes (BTEX), Fuel Oxygenates, Chlorinated Solvents, and CAM 5 Metals. Please note that this cost estimate represents only the above-mentioned scope of work and is in addition to the cost estimate submitted for the Subsurface Investigation. EBA appreciates the opportunity to be of service to you. Please call (707) 544-0784 if you have an5' questions or concerns. Sincerely, EBA Wastechnologies Erik Phenix Environmental Technician Enclosure \\UNX2\LDRIVE\env\ust\621 ukiah\cost est add cove~.doc 825 Sonoma Avenue, Suite C Santa Rosa, California 95404 (707) 544-0784 225 W. Hospitality Lane, Suite 200 San Bernardino, CA92408 (909) 890-0432 www. ebawaste.com e-mail: info@ebawaste.com FAX (707) 544-0866 FAX (909) 890-0422 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This Agreement, made and entered into this ~ day of ~ 1998, by , and between CITY OF UKIAH, CALIFORNIA, hereinafter referred'" "t~ as "City" and EBA WASTECHNOLOGIES (EBA), a California Corporation, hereinafter referred to as "Consultant". RECITALS This Agreement is predicated on the following facts: ao City requires consulting services related to the implementation of the approved and amended work plan for soil and groundwater investigation at the City Corporation Yard. b. Consultant represents that it has the qualifications, skills, and experience to provide these services, and is willing to provide them according to the terms of this Agreement. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto as Attachment "A", describing contract provisions for the project and setting forth the completion dates for the various services to be provided pursuant to this Agreement. 1.0 1.1 2.0 2.1 2.2. 3.0 3.1 TERMS OF AGREEMENT DESCRIPTION OF PROJECT The Project is described in detail in the attached Scope-of-Work (Attachment sCOPE OF SERVICES As set forth in Attachment Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Consultant. The written Agreement shall be in the form of an Amendment to this Agreement. CONDUCT OF WORK Time of Completion. Consultant shall commence performance of services as required by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete such services in accordance with the time requirements set forth in the Work Schedule. Consultant shall complete the work to the City's reasonable satisfaction, even if contract disputes arise or Consultant contends its is entitled to further compensation. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICI~ PAGE I OF 7 £H M E J'F 4.0 4.1 4.2 4.3 4.4 5.0 5.1 5.2 6.0 6.1 COMPENSATION FOR SERVICES Basis for Compensation. For the performance of the professional services of this Agreement, Consultant shall be compensated on a time and expense basis not to exceed a guaranteed maximum dollar amount of $12,500. Labor charges shall be based upon Consultant's standard hourly billing rates for the various classifications of personnel in effect as of the date of this contract which shall include all indirect costs and expenses of every kind or nature, except direct expenses. The direct expenses and the fees to be charged for same shall be customary and reasonable. Changes. Any changes in compensation warranted by changes in the Scope-of-Work of this Agreement, must be agreed upon in writing by both parties to the Agreement. "Changes to the Scope-of-Work" means different activities than those described in Attachment "A" and not additional time to complete those activities than the parties anticipate on the date they entered this Agreement. Sub-contractor Payment. The use of sub-consultants or other services to perform a portion of the work of this Agreement shall be approved by City prior to commencement of work. The cost of sub-consultants shall be included within the $12,500 provided in Section 4.1. Terms of Payment. Payment to Consultant for services rendered in accordance with this contract shall be based upon submission of monthly invoices for the work satisfactorily performed prior to the date of invoice less any amount already paid to consultant, which amounts shall be due and payable upon 30 days after receipt by City. Invoices shall be accompanied by documentation sufficient to enable City to determine progress made. ASSURANCES OF CONSULTANT Independent Contractor. Consultant is an independent contractor and is solely responsible for its acts or omissions. Consultant (including its agents, servants, and employees) is not City's agent, employee, or representative for any purpose. Conflict of Interest. Consultant understands that its professional responsibility is solely to City. Consultant has no interest and will not acquire any direct or indirect interest that would conflict with its performance of the Agreement. Consultant shall not in the performance of this Agreement employ a person having such an interest. INDEMNIFICATION Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2 Consultant shall not begin work under this Agreement until it procures and maintains for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES PAGE 2 OF 7 A, Bo Co Minimum Scope of Insurance Coverage shall be at least as broad as: Insurance Services Office ('ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. . ISO Form No. CA 0001 (Ed. 1/78) covering Automobile Liability, Code 1 'any auto' or Code 8, 9 if no owned autos and endorsement CA 0025. . Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. . Professional Liability Insurance covering damages which may result from errors, omissions, or acts of professional negligence by Consultant. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. . Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. o Worker's Compensation and Employers Liabili~: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. . Professional Liabilit3,_ Coverage: $500,000 combined single limit per occurrence. If the coverage is an aggregate limit, the aggregate limit must apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the per occurrence limit. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. AGREEMENT FOR PROFE,SSIONAL CONSULTING SERVICES PAGE 3 OF 7 D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverages ao The City, it officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope-of-protection afforded to the City, its officers, officials, employees or volunteers. bo The Consultant's insurance coverage shall be primary insurance as respects to the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 3. Professional Liability Coverage If written on a claims-made basis, the retro, activity date shall be the effective date of this Agreement. The policy period shall extend from June 1, 1998 to June 1, 1999. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty 00) days prior written notice by certified mail, return receipt requested, has been given to the City. AGREEMEN'r FOR PRO~IONAL CONSULTING SERVICES PAGE 4 OF 7 6.2 7.0 E. Acceptability of Insurers Except for professional liability insurance, insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers in the State of California. Professional liability insurance may be underwritten by Lloyds of London. F. Verification of Coverage Consultant shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Workers' Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Consultant begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the contractor after notice to Consultant that City has paid the premium. G. Subcontractors If Consultant uses subcontractors or sub-consultants, it shall cover them under its polices or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all clai~% demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of or physical damage to any property resulting from any negligent or wrongful act or omission committed by Consultant or it's officers, agents or employees while performing services under this Agreement. Consultant's liability for professional negligence shall be limited to $1,000,000. As to events which occur during Consultant's performance of this Agreement, City shall hold Consultant harmless from and defend Consultant agains.t all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or willfully wrongful act or omission of City or its officers and employees, where the injury, death or damage is caused by the sole and active negligence or willful misconduct of City or City's employees. CONTRACT PROVISIONS AGREEMENT FOR PROFF_.SSION~ CONSULTING ~ERVICF_.S PAGE .5 OF 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 Ownership of Work. All documents furnished to Consultant by City and all reports and supportive data prepared by Consultant under this Agreement are City's property and shall be given to City at the completion of Consultant's services at no additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment ~A'. Governing Law. Consultant shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a Court of competent jurisdiction in Mendocino County. Entire Agreement. This A. greement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. Assignment. Consultant's services are considered unique and personal. Consultant shall not assign, transfer, or sub-contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. Litigation. In the event a suit or action is instituted to enforce any of the terms and conditions of this Agreement, the prevailing party shall collect, in addition to the costs and disbursements allowed by statutes, such sums as the court may adjudge reasonable as attorney's fees in such suit or action in both trial and appellate courts. Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Consultant for services provided under this Agreement; or 3) City has abandoned and does not wish to complete the project for which Consultant was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required.to cure the breach.. If the non-breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Consultant. City shall pay the Consultant only for services performed and expenses incurred as of the effective termination date. In such event, as a condition to payment, Consultant shall provide to City all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Agreement. Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, subject to off-set for any direct or consequential damages City may incur as a result of Consultant's breach of contract. AGREEMENT FOR PRO~IONAL CONSULTING SERVICES PAGE 6 OF 7 7.10 8.0 Duplicate Original~. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, ca'ch such document shall be admissible in administrative or judicial proceedings az proof of the terms of the Agreement between the parties. Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties az follows: CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 SEMINARY AVENUE UKIAH, CALIFORNIA 95482 EBA WASTECHNOLOGIES 825 SONOMA AVENUE, SUITE C SANTA ROSA, CALIFORNIA 95404 9.0 SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CITY OF UKIAH CANDACE HORSLEY ) CITY MANAGER EBA WASTECHNOLOGIF. S BY: DUANE BUTLER, PE PRESIDENT ATTEST MARIE ULVILA CITY CLERK APPROVED AS TO FORM: CITY ATI'ORNEY, crl~ OF-UKIAH DAVii~__ R~j~PORY , / /' ' V ATI'ACHMENTS A. Scope-of-Work and Work Schedule ATTACHMENT "A" SCOPE-OF-SERVICES AND WORK SCHEDULE A. Scope-of-Services Consultant agrees to provide those services needed to complete, to the reasonable satisfaction of the Regional Water Quality Control Board, North Coast Region, the work described in the approved and amended Work Plan for soil and groundwater investigation at the City of Ukiah Corporation Yard dated April 1998, including those items of work outlined in the letter from the California Regional Water Quality Control Board, North Coast Region, dated June 18, 1998, attached hereto. In general terms, this work involves the installation and sampling of six (6) borings, converting two (2) borings into 2" monitoring wells to a depth of 20 feet, development of the two (2) new monitoring wells, sampling of the two (2) existing, two (2) monitoring wells, and preparation of a Report of Findings with conclusions and recommendations for additional work. Consultant has provided a Revised Cost Estimate Summary dated July 10, 1998, which provides estimated costs for the various phases of work required by the approved and amended Work Plan. The estimated cost of each item of work is provided for reference only and the itemized costs are not cost maximums for the indicated work item. Consultant shall be compensated in accordance with Paragraph 4.0 of the Agreement. B. Work Schedule The Consultant shall complete the work of the Agreement to facilitate a submittal of the Report of Findings to the North Coast Regional Water Control Board no later than October 30, 1998. A: 1 ~,AGREEM ENT.2 EBA AGREEMENT FOR PROFESSIONAL CONSULTING SERVICE$ PAGE 8 OF 7 0 ~-' 0 0 0 0 (:3 0 > 0 ITEM NO. 8a DATE: June 21,2000 AGENDA SUMMARY REPORT SUBJECT: PUBLIC HEARING TO DISCUSS THE FISCAL YEAR 2000/01 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) AND TO SOLICIT CITIZEN INPUT (Continued) We received notification today that the consultant who will be working with the City on CDBG matters, William Thomas, has been called out of town and will be gone on June 21. Since it is not necessary that this public hearing be conducted before the City Council, he has requested that this item be continued to July 3, at 2:00 p.m., in Conference Room 3 of the Ukiah Civic Center. RECOMMENDED ACTION: Council continue public hearing to July 3, 2000, at 2:00 p.m. in Conference Room 3 of the Ukiah Civic Center. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: Public Hearing Notice Published June 11,2000 Requested by: Prepared by: Coordinated with: Attachments: William Thomas Candace Horsley, City Manager N/A 1. None. APPROVED: ~ 4~c...^S..H.~ - City~M Candace Horsley, anager ITEM NO. 9a DATE: June 21,2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION AMENDING RESOLUTION 2000-21 REGARDING PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS AND DISCUSSION OF PROCEDURES OF CONDUCT The City Council directed staff to amend the Resolution regarding Procedures of Conduct of the City Council meeting at the June 7, 2000 Council meeting. City Attorney Dave Rapport prepared the amended Resolution and recommended changes in addition to the Council's direction from the last meeting, which are discussed in the attached memorandum. The City Attorney's recommendations are incorporated in the attached resolution. In addition, the previously approved Procedures of Conduct are attached for Council's review and discussion. RECOMMENDED ACTION: City Council adopt Resolution Amending Resolution No. 2000-21 Regarding Procedures of Conduct of the City Council ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine modifications to the Procedures of Conduct are not necessary at this time and do not adopt Resolution. Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: City Council Candace Horsley, City Manager David Rapport, City Attorney 1. Memo, dated June 15, 2000, from City Attorney David Rapport 2. Draft Resolution 3. Procedures of Conduct adopted November 17, 1999 APPROVED: Candace Horsley, ~ity~Manager 4/Can.ASRProc. 600 Law Offices Of RAPPORT AND MARSTON An Association of Sole Practitioners 405 W. Perkins Street P.O. Box 488 Ukiah, California 95482 e-mail: drapport@pacbell.net David J. Rapport Lester J. Marston Scott Johnson TO: FROM: DATE: SUBJECT: MEMORANDUM Honorable Mayor ~~'o~cil members David J. Rappo~/~f/ June 15, 2000 "~ Revised minutes (707) 462-6846 FAX 462-4235 Attached is a resolution revising Section 11 of the Procedures of Conduct for City Council Meetings. Section 11 governs the preparation, revision and approval of the minutes of City Council Meetings. I have added a new Section I to Section 1, entitled: Minutes/Request for Detail. I have renumbered all of the following sections. Those are the only proposed changes to the rules as they currently read. New Section I allows any Council member to request at a meeting that the City Clerk include in the draft minutes of that meeting a verbatim transcript of any portion of the meeting. If so requested, the City Clerk shall include the verbatim transcript as requested, unless the request is vetoed by a majority vote of the Council. The ability of the majority to override the request of an individual council member was not requested by the Council at its last meeting. I have included it for the Council to consider. In my opinion the Council should retain some ability to override unreasonable requests (for example, a Council member repeatedly requesting verbatim transcripts of lengthy portions of the meetings). the privilege of having an abstract of the statement of such Councilmember on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be inserted in the minutes. IV. Entry of Protests Any Councilmember shall have the right to have the reasons for his dissent from, or his protest against, any action of the Council entered in the minutes, and shall be made in the following manner: "/would like the minutes to show that I am opposed to this action for the following reasons:... ". BE IT FURTHER RESOLVED that the amended version of Section 11 as contained in this Resolution shall be replace Section 11 in the Procedures as it read prior to the adoption of this Resolution. PASSED AND ADOPTED this 21st day of June, 2000, by the following roll call vote: AYES' NOES: ABSENT: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk 4:Res:CCProc.600 TABLE OF CONTENTS SECTION 1. CITY COUNCIL MEETINGS ......................... I. Speciat Meetings/Time and Place/Notices .................... II. Open to the PubUc/Exception ................................... iii ....................................... 1 II1. Executive Sessions/Disclosure of Information ........................ 1 SECTION 2. AGENDA ........................... I. Preparation and Posting of Agendas. I1. Order of Business ..................... ' ................................................................... 2 SECTION 3. COUNCIL CORRESPONDENCE ......................................................................2 I. Availability to the Public ............................ I1. Authority of the City Manager ..................... ' .................................. 2 SECTION 4. PRESIDING OFFICER ........... I. Powers and Duties .......... A. Participation .......... eeeee®eee®eeeeeeeeeee®ee~eeeeeee B. Signing of Documents ............................... ' ............................................ 3 C. Sworn Testimony ............................. ' ............................................. 3 D. Discussion of and Action on Agenda Items ......................... 3 SECTION 5. RULES OF ORDER ................ II1. Rules of Order/Failure to Observe ...................... Rules of Decorum ......................... ' ................................................ 4 A. Councilmembers .......... ' ................................................................. 4 B. Employees ......... ' ......................................................................... 4 C Persons Addressing the Council ............................. ' .......... D. Members of the Audience .................................... 4 E. Dangerous Instruments ........... F. Rules of Decorum/Enforcement .... ' ......................................... 4 Rules of Debate .............................' ........................................................... 4 A. Getting the Floor ........ 5 B. Questioning the Staff .............................. C. Interruptions ................ ' ......................................... 5 Points of Order ..................................................................................... 5 E. Points of Personal Privilege ...................................................................... 5 F. Privilege of Closing Debate ...................................................................... 5 G. Limitation of Debate SECTION $. /AOTIONS ................................................... el®®eeeeelleeeee®eeel®eeeleeeeeeeeeeeeeeeee 6 I. After ~ot~ons are ~ade and Hearings are Closed .......................... SECTION 7. VOTING PROCEDURE ....... I. Seating Arrangement for Council ....... II. Question to be Stated ........ ' ............. 6 III. Registration of Votes ........... ' ..................................... 6 IV. Voting Procedures/D~squat~ficat~on. ' ................. V. Fa~ture to Vote ...................................... 6 VI. T~e Votes ................................... ' ................................................ 7 VII Changing Votes/Abstention ................................................................. 7 SECTION 8. RECONSIDE~TION OF ACTIONS ......... SECTION 9. PUBLIC HEARINGS ............................................................ I. Public Hearing Defined ....... II. Submission of Documents ........................ ' .................................................. 7 A. T~me and Submission ........... ' ...................................... 8 B. ~anner of Submission .......................... ' ............................... 8 III. Not~ce of Hearing ........................... ' ............................................... 8 IV. V~ew~ng the S~te ..................... 9 V. ~ak~ng a Decision ................................. VI. Conduct of Public Hearing .......................... ' ............................................ 9 A. Order of Proof ..... ' ..................................................... 9 B. T~me L~m~tat~ons ............. ' ................................................................... 9 C. ~anner ....... ' ............................................. ' · ..................... 10 D. Spokesmen for Groups of Persons .............................. 10 SECTION 10. ORDINANCES/RESOLUTIONS/CONTaCTS I. ~ot~ons ............................ II Resolutions ........................................ 10 III. Ordinances .................................................. A. Reading of Ordinances ......... ' ................................................ 10 ................................... 11 SECTION 11. ~INUTES/PREPA~TION AND CHANGES ............................. 11 I. ~nutes/Read~ng II. ~nutes/Ent~ of Statements ................................... ' ..................... 11 III. Ent~ of Protests .......... ' ........................................ 11 ......................... 11 SECTION 12. SPECIAL CO~I~EES ......... eeeeeeee/leeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 12 4:S~:Tabte. Con (Rev. 10/~) PROCEDURES OF CONDUCT OF THE CITY COUNCIL MEETINGS FOR THE CITY OF UKIAH SECTION 1. CITY COUNCIL MEETINGS The Ukiah City Council meets regularly on the first and third Wednesday of each month at 6:30 p.m. The Council meetings are held at the Civic Center Council Chambers, located at 300 Seminary Avenue. Consolidated Resolution Nos. 76-45, 77-44, 87-41,87-45, 90-53, and 97-57 setting forth procedural guidelines for the conduct of City Council meetings, are as follows: I. Special Meetings/Time and Place/Notices Special City Council meetings may be called at any time by the Mayor or by three (3) members of the Council by directing the City Clerk to deliver or mail a written notice to each Councilmember, to each local newspaper of general circulation, radio and television station requesting a notice in writing. Such notice shall be delivered personally or by mail at least twenty-four (24) hours before the time of such meeting, as set forth in the notice. The call and notice shall set forth the time and place of the special meeting, which may be at a time and place different from the regular meeting time or place, and the business to be transacted. A copy of the notice shall also be posted at or near the door to the City Hall Council Chambers. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Councilmember who, at or prior to the time the meeting convenes, files with the City Council a written waiver notice. Such waiver may be given by telegram. The written notice may also be dispensed with as to any Councilmember who is actually present at the meeting at the time it convenes. II. Open to the Public/Exception All regular and special meetings of the Council shall be public; provided, however, the Council may hold closed sessions during a regular or special meeting, from which the public may be excluded in accordance with applicable provisions of state law, including the Ralph M. Brown Act (Government Code Sections 54950 et seq.). III. Closed Sessions/Disclosure of Information No member of the Council, employee of the City, or any other person present during a closed session of the Council, shall disclose to any person the content or substance of any discussion which took place during such closed session unless the Council shall, by majority vote, authorize the disclosure of such information. SECTION 2. AGENDA I. Preparation and Posting of Agendas Except for documents or information prepared by City staff that is not available by 12:00 noon on Wednesday, but in the City Manager's judgment should be included with the agenda prior to its delivery to members of the City Council, all reports, communications, ordinances, resolutions, contract documents, or other matters to be submitted to the Council at a regular meeting, shall be delivered to the City Clerk no later than 12:00 noon on Wednesday, six (6) working days preceding the meeting. The City Clerk shall prepare the agenda of all such matters under the direction of the City Manager. The agenda and supporting documents shall be delivered to the members of the Council on the Friday preceding the Wednesday Council meeting to which the agenda pertains. The agenda itself shall be posted in a location freely accessible to the public at least 72 hours before each regular meeting or 24 hours before any special meeting of the City Council. The agenda must include a brief description of each item of business to be transacted or discussed at the meeting, as well as the time and location of the meeting. The City Manager shall review the items to be placed on the agenda and place those items which he or she believes to be of a routine non-controversial nature and are properly documented, on for adoption by a single motion. This item shall be the Consent Calendar, and it shall take the request of only one Councilmember to remove an item from the Consent Calendar. II. Order of Business The business of the Council and the order of its agenda shall be in such form, as the Council may from time to time adopt by resolution. SECTION 3. COUNCIL CORRESPONDENCF I. Availability to the Public Correspondence addressed to the Council and received by the City Clerk or any other officer or employee of the City, shall not become a public record until received and filed by the Council at a regular, special, or adjourned meeting of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council. II. Authority of the City Manager The City Manager is hereby authorized to open and examine all mail or other written communications addressed to the City and to give them immediate attention to the end, that all administrative business referred to in such communications, and not necessarily requiring Council action, may by acted upon between Council meetings; provided, however, mail addressed to individual Councilmembers shall not be opened without the 2 consent of the Councilmember. SECTION 4. PRESIDING OFFICER The mayor shall be the presiding officer at all meetings of the Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor, the City Clerk shall call the Council to order, whereupon, a temporary presiding officer shall be elected by the Councilmembers present to serve until the arrival of the Mayor or Vice Mayor or until adjournment. Wherever in this article the term Mayor is used, it shall apply equally to the presiding officer as set forth in this section. I. Powers and Duties A. Participation: The presiding officer may move, second, debate, and vote from the Chair. B, Signing of Document~: The presiding officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his signature which were adopted in his presence, unless he is unavailable, in which case the signature of an alternate presiding officer may be used. C, Sworn Testimony: The presiding officer may require any person addressing the Council to be sworn as a witness and to testify under oath, and the presiding officer shall so require, if directed to do so, by a majority vote of the Council. D, Discussion of and Action on Agenda Item~: Under rules, as shall be determined from time to time by the Mayor, the public shall be offered an opportunity to address at the meeting, any item included on the agenda. The City Council shall not take action on any item not appearing on the posted agenda unless: 1) a Council majority determines that an "emergency situation", as defined herein, exists; 2) the Council determines by a two-thirds (2/3) vote or by a unanimous vote if less than two-thirds (2/3) of the City Council are present, that a need to take immediate action on the item arose subsequent to the posting of the agenda; or 3) the item was included in a properly posted agenda for a prior meeting occurring not more than five (5) days prior to the meeting at which the action is taken and was continued to the meeting at which the action is taken. As used in this section "emergency" means an event which will cause a work stoppage, severely impairing public health or safety, or a crippling disaster severely impairing public health or safety. SECTION 5. RULES OF ORDER In the event of questions as to procedure not set forth in this article for Council meetings, 3 the Chair shall be guided by the rules of general parliamentary procedure. I. Rules of Order/Failure to Observe Rules adopted to expedite the transaction of the business of the Council in an orderly fashion shall be deemed to be procedural only, and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting, which is otherwise held in conformity with law. II. Rules of Decorum A, Councilmembers: While the Council is in session, the members shall preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council, nor disturb any member while speaking, nor refuse to obey the orders of the presiding officer. Members of the Council shall not leave their seats during a meeting without first obtaining the permission of the presiding officer. S. Employees: Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the Council. However, members of the City staff and employees may leave their seats during a meeting without first obtaining the permission of the presiding officer. C, Persons Addressing the Council: Any person making impertinent, slanderous, or profane remarks, or who become boisterous while addressing the Council, shall be called to order by the presiding officer, and if such conduct continues, may, at the discretion of the presiding officer, be ordered barred from further attendance before the Council during that meeting. D, Members of the Audience: Any person in the audience who engages in disorderly conduct, such as clapping of the hands, stamping of the feet, whistling, using profane language, yelling, or similar demonstrations, which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, is guilty of a misdemeanor under the provisions of State law, and, upon instructions from the presiding officer, it shall be the duty of the sergeant at arms to remove such person from the Council Chamber and to place him under arrest. E. Dangerous Instruments: No person may enter the chambers of a legislative body, as defined in Section 54852 of the Government Code of the State, or any place where such legislative body is in session, with any firearm, weapon, or explosive device of any nature. The provisions of this section shall not apply to authorized peace officers or to those persons authorized by the Penal Code of the State to carry such weapons. F. Rules of Decorum/Enforcement: The Chief of Police, or such members of the Police Department as the Chief of Police may designate, shall be sergeants at arms of the Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so. III. Rules of Debate A= Getting the Floor: Every Councilmember desiring to speak at a Council meeting shall first address the Chair, gain recognition by the presiding officer, and confine himself to the question under debate, avoiding personalities and indecorous language. El Questioning the Staff: Every Councilmember desiring to question the City Staff shall, after recognition by the presiding officer, address his questions to City staff. C, Interruptions: A Councilmember, once recognized, shall not be interrupted when speaking unless called to order by the presiding officer, a point of order or personal privilege is raised by another Councilmember, or unless the speaker chooses to yield to a question by another Councilmember. If a Councilmember is called to order while speaking, he shall cease speaking until the question of order is determined to be in order, then he may proceed. Members of the City Staff, after recognition by the presiding officer, shall hold the floor until the completion of their remarks or until recognition is withdrawn by the presiding officer. De Points of Order: The presiding officer shall determine all points of order, subject to the right of any Councilmember to appeal to the Council. If an appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained"? A majority vote shall conclusively determine such question of order. E, Points of Personal Privilege: The right of a Councilmember to address the Council on a question of personal privilege shall be limited to cases in which his integrity, character, or motives are questioned or where the welfare of the Council is concerned. A Councilmember raising a point of personal privilege may interrupt another Councilmember who has the floor only if the presiding officer recognizes the privilege. Fi Privilege of Closing Debate: The Councilmember moving the adoption of an ordinance, resolution, or motion shall have the privilege of closing debate. Gl Limitation of Debate: No Councilmember shall be permitted to speak more than once on any particular subject until every other Councilmember desiring to do so shall have spoken. SECTION 6. MOTIONS A motion by any member of the Council, including the presiding officer, may not be considered by the Council without receiving a second. I. After Motions are Made and Hearings are Closed After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the Council. SECTION 7. VOTING PROCEDURI= I. Seating Arrangement for Council The Mayor shall sit in the center chair of the Council; the next senior Councilmember (and if there is more than one of the same seniority, then by highest vote count at that election) shall sit alternately on the left and right of the Mayor. II. Question to be Stated Upon moving the question, the presiding officer shall call for the vote which shall be taken first from the least senior member then moving by seniority rank to the most senior member, with Mayor voting last. III. Registration of Votes Any vote of the Council, including a roll call vote, may be registered by the members by answering "aye" for an affirmative vote or "no" for a negative vote upon the name of the Councilmember. IV. Voting Procedure/Disqualification Any Councilmember who is disqualified from voting on a particular matter by reason of a conflict of interest, shall publicly state, or have the presiding officer state, the nature of such disqualification in open meeting. A Councilmember who is disqualified by reason of a conflict of interest in any matter, shall not remain in his seat during the debate and vote on such matter, but shall request and be given the permission of the presiding officer to step down from the Council table and leave the Council Chamber. A Councilmember stating such disqualification shall not be counted as a part of a quorum, and shall be considered absent for the purpose of determining the outcome of any vote on such matter. V. Failure to Vote VI. VII. Councilmembers present at a City Council meeting shall vote unless disqualified by reason of a conflict of interest or where the Councilmember in good faith believes that he or she should not vote on a measure for good cause, such as, but not limited to, not having attended a prior meeting essential to an informed vote on the measure. A failure to vote or an abstention shall not be counted. A measure shall pass only if it receives "aye" votes from a majority of the Councilmembers present at the meeting, provided a quorum is established. Councilmembers abstaining shall be counted in determining whether a quorum is present. Tie Votes Tie votes shall be lost motions and may be reconsidered. Changing Votes/Abstention A Councilmember may change his vote only if he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time the next item in the order of business is taken up. A Councilmember who publicly announces he is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his abstention. SECTION 8. RECONSIDERATION OF ACTIONS A motion to reconsider any action taken by the Council may be made only on the day such action was taken. It may be made either immediately during the same session or at recessed or adjourned session thereof. Such motion may be made only by one of the Councilmembers who voted with the prevailing side. The provision of this section shall not be construed to prevent any Councilmember from making or remaking the same or any other motion at a subsequent meeting of the Council. SECTION 9. PUBLIC HEARINGS I. Public Hearing Defined A public hearing is any hearing which is publicly noticed by publication in a newspaper of general circulation, posting on affected property, or mailing to affected parties. Generally, public hearings can be classified as quasi-judicial or quasi-legislative. The following is a general summary description of quasi-judicial and legislative hearings. The discussion is not intended to change the general California law governing this subject. Generally, a quasi-judicial decision is any decision affecting one, or a limited number of individual applicants, in which the City Council is legally required to make its decision based on the evidence presented during the hearing. Examples of such hearings include appeals from land use decisions by the Planning Commission, such '7 as those concerning use permits, variances, and site development permits. Generally, a quasi-legislative decision generally is a decision to make or amend rules affecting a whole class or large number of persons. The City Council is required to seriously consider evidence presented during quasi-legislative hearings, but it is not legally required to base its decision exclusively on the evidence presented. Examples of quasi-legislative decisions include the adoption or amendment of zoning ordinances, general plan amendments, and other ordinances. II. Submission of Documents In order to give adequate consideration to written documents, the following rules shall apply: A, B, Time and Submission: Any written document, whether containing factual information or legal or policy arguments exceeding 250 words, must be submitted to the City Clerk six (6) calendar days prior to the scheduled hearing date. Photographs or other graphic depictions may be filed at the hearing. , If the submission deadline falls on a legal holiday or weekend, the document must be submitted the last working day prior to the submission deadline. . The City Council shall exclude from the record and not consider any document submitted after the submission deadline, unless upon a motion by a Councilmember, a majority of the Councilmembers present at the hearing vote to consider the document. A decision to consider a document not timely filed shall be considered automatic grounds to continue the hearing, although a continuance shall require a specific motion adopted by a majority of the Councilmembers present at the meeting. Manner of Submission: All documents must be presented to the City Clerk for consideration at the hearing. No documents presented to the individual Councilmembers prior to the hearing shall be considered as part of the hearing record. . . To be considered, an original and seven (7) copies must be filed with the City Clerk. Upon receipt, the City Clerk shall date stamp as received the original and all copies. Upon request, the City Clerk will furnish the proponent of the document with a date stamped copy. The City Clerk shall immediately distribute copies of the submitted documents to the individual Councilmembers, the City Manager, and the City Attorney. The City Clerk shall retain the original and include it in the hearing record, which the City Clerk shall compile and maintain. III. Notice of Hearing Any notice of a public hearing shall include a statement that anyone wishing the City Council to consider a document exceeding 250 words must submit the original document and seven (7) legible copies to the City Clerk not less than six (6) calendar days prior to the scheduled meeting date. IV. Viewing the Site In Quasi-Judicial hearings involving specific property, it shall be the duty of all Councilmembers to view the site prior to the hearing. At the beginning of the hearing the Mayor shall poll the Councilmembers to establish, on the record, whether they have viewed the site. If any Councilmember indicates that he or she has not viewed the site, the hearing shall be continued to the next regular meeting date. In viewing the site, no Councilmember shall have any discussion with project proponents or opponents. In quasi-legislative public hearings involving specific property, any Councilmember may, but are not required to, view the site. In such hearings, Councilmembers may, but are not required to, reveal on the record whether they have viewed the site. V. Making a Decision In quasi-judicial hearings, the City Council shall base its decision exclusively on the record, including documents submitted in accordance with this rule and testimony and oral argument presented during the hearing. Any motion deciding the matter shall include sufficient findings of fact to inform the parties of the basis on which the City Council made its decisions, and to determine whether the decision is based on lawful principles. Where possible, the staff report to the City Council shall include proposed findings for the City Council consideration. In quasi-legislative hearings, the City Council shall seriously consider all documents submitted in compliance with this rule and testimony and oral argument presented during the hearing. The motion deciding the matter need not include specific findings of fact. The decision shall comply with any specific legal requirements applicable to the particular matter. VI. Conduct of Public Hearing As presiding officer, the Mayor shall conduct the hearing to promote an orderly presentation of the evidence by all parties. Subject to the following guidelines, the Mayor shall use his or her discretion in presiding over the hearing. A, Order of Proof: Generally, all those supporting an application or measure shall present their evidence and argument first. Those opposing the application or measure shall present their evidence and argument second. Those supporting the measure shall be allowed some additional time for rebuttal. If during the 9 B, C. rebuttal project proponents present new argument or evidence, project opponents shall be allowed some additional time to rebut that new matter. Time Limitations: The Mayor may impose time limitations on all those wishing to present evidence or argument. The Mayor may prevent the presentation of irrelevant, repetitive, or cumulative testimony or argument. Manner: Each person desiring to address the Council shall step up to the microphone reserved for that purpose, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing, if he represents an organization or other persons, and unless further time is granted by a majority vote of the Council, shall limit his remarks to five (5) minutes, All remarks shall be addressed to the Council as a whole and not to any member thereof. D. No question shall be directed to a Councilmember or a member of the City staff without the permission of the presiding officer. Spokesmen for Groups of Person~: In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, and in the event additional matters are to be presented by any other member of such group, to limit the number of such persons addressing the Council. SECTION 10. ORDINANCES/RESOLUTIONS/CONTRACTS Official actions of the Council shall be in the form of motions, resolutions, and ordinances. I. Motions Motions shall be used to express decisions of the Council on routine questions or matters of temporary importance, or to give instructions to the staff and shall be moved, seconded, and adopted by a voice vote unless a roll call is requested by a Councilmember. II. Resolutions Resolutions shall be used to express decisions of the Council of a permanent or lasting nature and shall be introduced, seconded, and adopted by a roll call vote. Resolutions may be used to transfer appropriate funds within the budget or to appropriate funds. III. Ordinances Ordinances shall be used to adopt formal policy, in the exercise of the police power, ~.0 and in other instances required by law. The manner of introduction and adoption shall be as provided, as stated in the Resolution section above. A, Reading of Ordinances: At the time of the second reading of an ordinance, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by the unanimous consent of all the Councilmembers present. The waiver of the reading of such ordinance shall be accomplished by regular motion adopted by a unanimous vote of the Councilmembers present. SECTION 11. MINUTES/PREPARATION AND CHANGER The City Clerk shall have the exclusive responsibility for the preparation of the minutes of Council meetings, and any directions for changes in the minutes shall be made only by a majority action of the Council. I. Minutes/Reading Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading, if the City Clerk has previously furnished each Councilmember with a copy. II. Minutes/Entry of Statements A Councilmember may request through the presiding officer of a Council meeting, the privilege of having an abstract of the statement of such Councilmember on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be inserted in the minutes. III. Entry of Protests Any Councilmember shall have the right to have the reasons for his dissent from, or his protest against, any action of the Council entered in the minutes, and shall be made in the following manner: "1 would like the minutes to show that I am opposed to this action for the following reasons:... ". SECTION 12. SPECIAL COMMITTEES All special Council committees shall be appointed by the presiding officer with a majority consent of the Council. Such committees shall be temporary in tenure and shall automatically be discharged upon the completion of their charge, or upon an order of the presiding officer or majority of the Council. 4:CC:PROCEDUR.cc Rev:10/99 :[Oa ]:tern No. Date: June 21,2000 AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute Amendment No. 2 of Contract No. 96-SNR-00110 and Exhibit C, Revision 3 to Contract No. 96-SNR-00110 between the Western Area Power Administration and the City of Ukiah. REPORT: The City of Ukiah along with other preference power customers entered into an agreement with the Western Area Power Administration and the Bureau of Reclamation for the funding of operation and maintenance for Central Valley Project Power Facilities on November 12, 1997. Amendment No. 2 to the agreement modifies Section 13 of the Agreement to allow the Governance Board to approve assignment or transfer of interest in the Agreement to another party. With the uncertainty of project ownerships brought about by the possible sale of the Power Marketing Agencies, such as Western, and with the consolidation of the electric market as a result of AB 1890, the parties believe it prudent to plan for the possible changing of contract responsibilities. Exhibit C, Revision 3 to the Agreement defines the City of Ukiah's share of the contract commitment for FY 2003 - 2004. Our share of the commitment is based on our Contract Rate of Delivery as of January 3, 2000 and amounts to $18,910.48. These funds are used to fund specific O&M projects at the Central Valley Project Facilities. The Bureau of Reclamation operates the Hydro Projects and Congress appropriates funding for operation and maintenance. However, this funding has been cut from the budget for many years, which has significantly raised the possibility of outages and electrical shortages for the customers of Western. In order to alleviate this possibility, the customers entered into an agreement with the Bureau of Reclamation and Western to fund specific O&M projects at the Central Valley Project Facilities. A Governance Board composed of representatives from Western, Bureau of Reclamation and the preference power customers oversees spending of the funds. (Continued on page 2) RECOMMENDED ACTION: Authorize the Mayor to Execute Amendment No. 2 of Contract No. 96-SNR-00110 and Exhibit C, Revision 3 to Contract No. 96-SNR-00110 between the Western Area Power Administration and the City of Ukiah. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Authorization and Define Contract Commitment Amount for FY 2003-2004. Citizen Advised: N/A Requested by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment: 1) Amendment No. 2 to Contact 96-SNR-00110 2) Exhibit C, Revision 3 to Contract 96-SNR-00110 APPROVED:~ ~;~"~~,.~ Candace Horsleg, ~ity Manager (Page 2) Since Western Power is the lowest cost power available and composes a significant percentage of our power mix, approximately 20 %, staff believes that it is important to ensure the availability of this power source. Therefore, staff recommends approval of Amendment No. 2 and Exhibit C, Revision 3 of Contract 96-SNR-00110. Contract No. 96-SNR-00110 Amendment No. 2 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA CUSTOMER SERVICE REGION CENTRAL VALLEY PROJECT, CALIFORNIA AND UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGION AND CENTRAL VALLEY PROJECT CUSTOMERS AMENDMENT NO. 2 TO THE AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR CENTRAL VALLEY PROJECT POWER FACILITIES Contract No. 96-SNR-00! 10 Amendment No. 2 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA CUSTOMER SERVICE REGION CENTRAL VALLEY PROJECT, CALIFORNIA AND UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGION AND CENTRAL VALLEY PROJECT CUSTOMERS AMENDMENT NO. 2 TO THE AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR CENTRAL VALLEY PROJECT POWER FACILITIES Table of Contents Section Page 9 o , . . RECITALS ....................................................................................................................... l AGREEMENT ................................................................................................................. 2 TERM OF AMENDMENT ............................................................................................... 2 MODIFICATION TO SECTION 13 OF THE PRIMARY AGREEMENT ..................... 2 PRIMARY AGREEMENT TO REMAIN IN EFFECT ................................... ~. ............... 2 10 11 12 13 14 15 16 17 18 19 20 21 23 24 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA CUSTOMER SERVICE REGION CENTRAL VALLEY PROJECT, CALIFORNIA AND UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION MID-PACIFIC REGION AND CENTRAL VALLEY PROJECT CUSTOMERS AMENDMENT NO. 2 TO THE AGREEMENT FOR THE FUNDING OF POWER OPERATION AND MAINTENANCE FOR CENTRAL VALLEY PROJECT POWER FACILITIES 1. PREAMBLE: This Amendment to Contract No. 96-SNR-00110 (Primary Agreement) is made the ~ day of ,2000 between the UNITED STATES OF AMERICA (United States), acting by and through the Administrator, Western Area Power Administration (Western), Department of Energy, represented by the Regional Manager, Sierra Nevada Customer Service Region (SNR), the officer executing this Agreement, or a duly appointed successor, and (ii) acting by and through the Commissioner, Bureau of Reclamation (Reclamation), Department of the Interior, represented by the Regional Director, Mid-Pacific Region; and the Central Valley Project (CVP) preference power customers set forth in Exhibit A of the Primary Agreement. 2. RECITALS: 2.1 Western, Reclamation, and the CVP preference power customers entered into the Primary Agreement on November 12, 1997. ( :frei. rat! No. 9O-SN R-001 I (} Amendment 2 10 I1 12 13 14 15 16 17 18 19 20 2l 23 24 The Parties have determined that Section 13 of the Primary Agreement is administratively burdensome and desires to modify it. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. . o TERM OF AMENDMENT: and shall remain in effect concurrently with the Primary Agreement. DEFINITION OF TERMS: Section 13 of the Primary Agreement is hereby deleted, and the following substituted therefor: "13. SUCCESSORS AND ASSIGNS: This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors. No Party shall assign its interest in this Agreement, in whole or in part, without the prior written consent of the Governance Board. In no event, shall any Party assign this Agreement to any Party that is not financially responsible or which cannot perform its obligations pursuant to this Agreement, nor shall any Party assign this Agreement on any terms at variance from those set forth in this Agreement. No permitted assignment or transfer shall change the duties of the Parties, or impair the chances of obtaining performance under this Agreement, except to the extent set forth in such permitted assignment and approved in writing by the Governance Board." This Amendment shall become effective upon execution 6. PRIMARY AGREEMENT l'O RIP. MAIN IN EFFECT: Except as expressly modified by this Amendment, said Primary Agreement shall remain in full l'orce and effect; and Alncndlnt.'lll 2 10 11 12 13 14 15 16 17 18 19 20 21 99 23 24 this Amcndmcnt shall be subject to all provisions of the Primary Agreement, except as herein amended. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed the day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Amendment on behalf of the Party for whom they sign. WESTERN AREA POWER ADMINISTRATION By: Title: Regional Manager Address: 114 Parkshore Drive Folsom, CA 95630-47 I0 BUREAU OF RECLAMATION By: Title: Regional Director Address: Mid-Pacific Region 2800 Cottage Way Sacramento, CA 95825 ('.ntracl N. 96-SNR-()01 I 0 Amcmlfnc,! 2 1 IN WITNESS WItEREOF, the Parties have caused this Amendment to be executed the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 day and year first above written. The signatories hereto represent that they have been appropriately authorized to enter into this Amendment on behalf of the Party for whom they sign. CITY OF UKIAH By: Attest: Title: By: Address: Title: Contract No. 96-SNR-00110 4 Amendment 2 Exhibit C, Revision 1 City of Ukiah Contract No. 96-SNR-00110 Exhibit C (Individual Customer Commitment and Contribution) 1. This Exhibit C, Revision 3, to be effective under and as a part of Contract No. 96-SNR- 00110 (hereinafter called the Agreement) shall become effective upon execution, and shall remain in effect until either superseded by a revised Exhibit C or upon termination of the Agreement. 2. The City of Ukiah agrees to make a Contribution pursuant to Section 8 of the Agreement for the Fiscal Year and in the amount specified in Section 3 below. The minimum Contribution commitment level required to qualify as a Contributor pursuant to Section 5.4 of the Agreement is indicated in Column 2 of the table shown in Section 3 below. 3. Please specify the Contribution commitment level(s) in the appropriate row(s) for the applicable FY(s). Column I Column 2 Colunm 3 Column 4 Column 5 FY Section 5.4 Revision No. 1 Revision No. 2 Revision No. 3 Qualifying Amount Contribution Contribution Contribution in Dollars Commitment Level Commitment Level Commitment Level Amount in Dollars Amount in Dollars Amount in Dollars 2001 9,212.58 9,212.58 9,212.58 9,212.58 2002 9,212.58 9,212.58 9,212.58 9,212.58 2003 18,910.48 N/A N/A 2004 19,724.62 N/A N/A Qualifying Amounts and Contributions Commitment amounts, if any, are not shown for fiscal years prior to fiscal year 2001 in the above table. For that information refer to an earlier revision of Exhibit C. The signature below commits the Customer named to make Contributions, for the specified Fiscal Year(s), up to, but not greater than the level indicated in the latest revision of the Contribution commitment level for a specific FY. Date of Execution: City of Ukiah By: Title: Address: ITEM NO. 10b DATE: June 21, 2000 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION ACCEPTING PORTIONS OF COMMERCE DRIVE INTO THE CITY STREET SYSTEM SUMMARY: Submitted for the City Council's consideration is a resolution, which, if adopted, would accept portions of Commerce Drive into the City Street System. Please note Attachment 2, which shows the approximate location of the portions of Commerce Drive to be accepted. The adoption of the resolution is required pursuant to the provisions of Section 1806 of the California Streets and Highways Code if the City intends to accept maintenance responsibility and liability for any public or private street. RECOMMENDED ACTION: Adopt resolution accepting portions of Commerce Drive into the City Street System. ALTERNATIVE COUNCIL POLICY OPTIONS: None. Citizen Advised: Requested by: Prepared by: Coordinated with: Attachments: N/A Rick Seanor, Deputy Director of Public Works Rick Seanor, Deputy Director of Public Works Candace Horsley, City Manager 1. Resolution for adoption 2. Location Map APPROVED: RJS: AGacceptCommerceDr Candace Horsley, City,Manager RESOLUTION NO. 2000- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ACCEPTING PORTIONS OF COMMERCE DRIVE INTO THE CITY STREET SYSTEM WHEREAS, the provisions of Section 1806 of the California Streets and Highways Code provide that no public or private street shall become a City street until and unless the governing body, by resolution, has caused said street to be accepted into the City Street System nor shall any City be held liable for failure to maintain any street unless and until it has been accepted into the City Street System by resolution of the governing body; and WHEREAS, the right-of-way for portions of the street indicated in this resolution has been accepted for public use pursuant to the execution and recordation of a Grant Deed recorded in Book 2362, Page 123, of Official Records of the Mendocino County Recorder, and a Grant Deed recorded in Book 2133, Page 17 of Official Records of the Mendocino County Recorder, said grant deeds having been accepted by the City Manager as authorized by Resolution No. 61-54 adopted on February 1, 1961; and WHEREAS, it is in the interest of the public that the street as identified herein be accepted into the City Street System and maintained by the City. NOW, THEREFORE, IT IS HEREBY RESOLVED, by the City Council of the City of Ukiah that Commerce Drive as shown on Parcel Map M.S. 96-32 filed in Map Case 2, Drawer 63, Page 27 is hereby accepted into the City Street System. Resolution No. 2000- Page 1 of 2 PASSED AND ADOPTED this 21st day of June, 2000 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jim Mastin, Mayor Marie Ulvila, City Clerk Resolution No. 2000- Page 2 of 2 ITEM NO. 1 oc DATE: June 21,2000 AGENDA SUMMARY REPORT SUBJECT: REPORT ON INDEPENDENT SYSTEM OPERATION (ISO) ALERT SYSTEM AND IMPENDING ROLLING BROWN OUT REQUIREMENTS Director of Public Utilities Darryl Barnes will be giving an oral report to the Council on the impending electrical shortages that are predicted for this summer season. In addition, Mr. Barnes will be discussing the future of electrical generation in California in context with the recent electric restructuring law. RECOMMENDED ACTION: Council receive report regarding Independent System Operation (ISO) Alert System and Impending Rolling Brown Out Requirements ALTERNATIVE COUNCIL POLICY OPTIONS: 1. N/A Citizen Advised: N/A Requested by: Prepared by: Coordinated with: Attachments: City Manager Candace Horsley, City Manager Darryl Barnes, Director of Public Utilities 1. None. 4/Can.ASRISO.600 Candace Horsley, Ci~~anager ITEM NO. 10c~ DATE: June 21,2000 AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION OF REQUEST BY COUNCILMEMBER BALDWIN CONCERNING BAN ON CELL PHONES IN VARIOUS PUBLIC FACILITIES Councilmember Phil Baldwin submitted the attached letter to request Council's consideration of a local ban on cell phones in restaurants, supermarkets, and City owned public facilities. RECOMMENDED ACTION: After discussion, City Council provide direction to staff concerning its desire relative to a local ban on cell phones in various public facilities. ALTERNATIVE COUNCIL POLICY OPTIONS: 1. Determine a local ban is not necessary at this time. Citizen Advised: Requested by: Prepared by: Attachments: N/A Councilmember Phil Baldwin Candace Horsley, City Manager 1. Letter, dated June 12, 2000, from Councilmember Baldwin Candace Horsley, Ci~/ 4/Can.ASRCelI.600 Manager CITY OF UKIAH CITY CLERK'S DEPARTMENT June 12 Dear Fellow Council Members: It is time for this public policy body to consider a local ban on cell phones in restaurants, supermarkets, and City owned public facilities. Studies, including one by George Washington University's Department of Medicine, show that cell phones in operation create a plume of "radio frequency radiation" which may increase risk of cancerous brain tumors as well as genetic and nerve damage. As yet we have little data about the effect of "second hand" radiation for the person standing or sitting next to the operator. As with the ban on cigarettes, enforcement will come naturally and easily as the community is made aware of a City ordinance supporting the vast majority here who want to eat and shop in healthy public facilities where pompous, tactless, possibly dangerous behavior is discouraged. Let's take a stand to help insure domestic tranquility. Phil Baldwin